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 97-50   Re-crediting a person ' s HELP balance in relation to HECS-HELP assistance - person not entitled to assistance  

97-50(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 the provider or the Secretary is satisfied that the person was not entitled to receive HECS-HELP assistance for the unit of study with the provider.

Note 1:

For example, a person is not entitled to HECS-HELP assistance for a unit of study if the person is not a Commonwealth supported student in relation to the unit: see section 90-1 .

Note 2:

Subdivision 36-B sets out circumstances in which a higher education provider must not advise a person that the person is a Commonwealth supported student in relation to a unit of study.

Note 3:

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

97-50(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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