Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-3 - FEE-HELP ASSISTANCE  

Division 104 - Who is entitled to FEE-HELP assistance?  

Subdivision 104-A - Basic rules  

SECTION 104-1   Entitlement to FEE-HELP assistance  

104-1(1)  


Subject to this section and sections 104-1AA , 104-1A , 104-2 , 104-3 and 104-4 , a student is entitled to *FEE-HELP assistance for a unit of study if:

(a)  the student meets the citizenship or residency requirements under section 104-5 ; and

(ab)  

(Repealed by No 93 of 2020)

(ac)  

the student has been assessed by the higher education provider as academically suited to undertake the unit concerned; and

(b)  

the student ' s *HELP balance is greater than zero; and

(c)  the *census date for the unit is on or after 1 January 2005; and

(d)  the student is not a *Commonwealth supported student in relation to the unit; and

(e)  the unit meets the course requirements under section 104-10 ; and

(f)  

the unit:

(i) is, or is to be, undertaken as part of a *course of study; or

(ii) is a unit access to which was provided by *Open Universities Australia; or

(iii) is part of a *bridging course for overseas-trained professionals; and

(g)  the student:


(i) enrolled in the unit on or before the census date for the unit; and

(ii) at the end of the census date, remained so enrolled; and

(ga)  if:


(i) subparagraph (f)(i) applies, the census date for the unit is on or after 1 January 2021 and before 1 January 2023 and the student commenced the course of study on or after 1 January 2021; or

(ii) subparagraph (f)(i), (ii) or (iii) applies and the census date for the unit is on or after 1 January 2023;
the student has a *student identifier immediately before the census date; and

(h)  the student *meets the tax file number requirements (see section 187-1 ); and

(i)  

the student has, on or before the census date:

(i) if access to the unit was provided by Open Universities Australia - completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; or

(ii) in any other case - completed, signed and given to an appropriate officer of the higher education provider a request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is, or is to be, undertaken with the provider, in relation to the course of study.

104-1(1A)  
(Repealed by No 93 of 2020)

104-1(1AA)  


A student is not entitled to *FEE-HELP assistance for a unit of study if the *Secretary determines that the student is not a genuine student in relation to the unit.

104-1(1AB)  


In determining whether a student is a genuine student for the purposes of subsection (1AA), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.

104-1(1AC)  


If a determination under subsection (1AA) is made in writing, the determination is not a legislative instrument.

104-1(1B)  


The assessment for the purposes of paragraph (1)(ac) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines made for the purposes of section 19-42 .

104-1(2)  


A student is not entitled to *FEE-HELP assistance for a unit of study if:

(a)  the unit forms a part of a *course of study; and

(b)  the course of study is, or is to be, undertaken by the student primarily at an overseas campus.

104-1(3)  


A student is not entitled to *FEE-HELP assistance for a unit of study provided, or to be provided, by a higher education provider if:

(a)  a limit on the total number of students entitled to FEE-HELP assistance, or on the total amount of FEE-HELP assistance payable to the provider, applies to the provider; and

(b)  provision of FEE-HELP assistance to the student would exceed that limit.

104-1(4)  


A student is not entitled to *FEE-HELP assistance for a unit of study with a higher education provider if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

 

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