Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-2 - HECS-HELP ASSISTANCE  

Division 97 - Re-crediting of HELP balances in relation to HECS-HELP assistance  

SECTION 97-42   Re-crediting a person ' s HELP balance in relation to HECS-HELP assistance - provider defaults  

97-42(1)  
A higher education provider must, on the *Secretary ' s behalf, re-credit a person ' s *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if:

(a)  the person has been enrolled in the unit with the provider; and

(b)  

the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person and the unit; and

(c)  

Part 5-1A applied to the provider at the time the provider defaulted in relation to the person; and

(d)  

any of the following apply:

(i) the provider identifies, under paragraph 166-25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(7)(a)(iii) , to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student ' s HELP balance;

(iii) the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;

(iv) the person elects, under subparagraph 166-26B(4)(a)(iii) , to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student ' s HELP balance.
Note:

A HECS-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see subsection 137-5(5) .

97-42(2)  
The *Secretary may re-credit the person ' s *HELP balance under subsection (1) if the provider is unable to do so.




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