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
,
104-2
,
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(Repealed by No 93 of 2020)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 meets the *student identifier requirements under subsection
(5)
; 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.
History
S 104-1(1) amended by No 89 of 2023, s 3 and Sch 1 item 11, by omitting
"
104-1A,
"
after
"
104-1AA,
"
, effective 1 January 2024.
S 104-1(1) amended by No 64 of 2022, s 3 and Sch 1 item 4, by substituting
"
the student meets the *student identifier requirements under subsection (5)
"
for
"
the student has a *student identifier immediately before the census date
"
in para (ga), effective 30 November 2022 and applicable in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after 30 November 2022.
S 104-1(1) amended by No 93 of 2020, s 3 and Sch 4 items 24 and 25, by substituting
"
104-1AA, 104-1A
"
for
"
104-1A
"
and repealing para (ab), applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day). Para (ab) formerly read:
(ab)
the student is a *genuine student; and
S 104-1(1) amended by No 62 of 2020, s 3 and Sch 1 item 2, by inserting para (ga), effective 1 January 2021. For application provisions, see note under s
36-10(1)
.
S 104-1(1) amended by No 76 of 2018, s 3 and Sch 3 item 7, by substituting
"
*HELP balance
"
for
"
*FEE-HELP balance
"
in para (b), effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
S 104-1(1) amended by No 83 of 2017, s 3 and Sch 3 items 22 and 23, by inserting
"
104-1A,
"
and para (ab) and (ac), applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2018; and
(c) the unit of study has a census date that occurs on or after 1 January 2018; and
(d) the unit is provided by a higher education provider approved under section
16-25
, whether approved before or after 17 August 2017.
No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2021; and
(c) the unit of study has a census date that occurs on or after 1 January 2021; and
(d) the unit is provided by a higher education provider taken to be approved under section
16-5
, whether taken to be approved before, on or after 1 January 2021.
S 104-1(1) amended by No 178 of 2011, s 3 and Sch 4 item 4, by inserting
"
this section and
"
, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
36-15(1A)
.
104-1(1A)
(Repealed by No 93 of 2020)
History
S 104-1(1A) repealed by No 93 of 2020, s 3 and Sch 4 item 24, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day). S 104-1(1A) formerly read:
104-1(1A)
In determining whether a student is a *genuine student, regard may be had to the matters (if any) specified in the Higher Education Provider Guidelines.
S 104-1(1A) inserted by No 83 of 2017, s 3 and Sch 3 item 24, applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2018; and
(c) the unit of study has a census date that occurs on or after 1 January 2018; and
(d) the unit is provided by a higher education provider approved under section
16-25
, whether approved before or after 17 August 2017.
No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2021; and
(c) the unit of study has a census date that occurs on or after 1 January 2021; and
(d) the unit is provided by a higher education provider taken to be approved under section
16-5
, whether taken to be approved before, on or after 1 January 2021.
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.
History
S 104-1(1AA) inserted by No 93 of 2020, s 3 and Sch 4 item 26, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).
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.
History
S 104-1(1AB) inserted by No 93 of 2020, s 3 and Sch 4 item 26, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).
104-1(1AC)
If a determination under subsection
(1AA)
is made in writing, the determination is not a legislative instrument.
History
S 104-1(1AC) inserted by No 93 of 2020, s 3 and Sch 4 item 26, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).
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
.
History
S 104-1(1B) inserted by No 83 of 2017, s 3 and Sch 3 item 24, applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2018; and
(c) the unit of study has a census date that occurs on or after 1 January 2018; and
(d) the unit is provided by a higher education provider approved under section
16-25
, whether approved before or after 17 August 2017.
No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2021; and
(c) the unit of study has a census date that occurs on or after 1 January 2021; and
(d) the unit is provided by a higher education provider taken to be approved under section
16-5
, whether taken to be approved before, on or after 1 January 2021.
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.
History
S 104-1(2) inserted by No 178 of 2011, s 3 and Sch 4 item 5, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
36-15(1A)
.
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.
History
S 104-1(3) inserted by No 83 of 2017, s 3 and Sch 3 item 25, applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2018; and
(c) the unit of study has a census date that occurs on or after 1 January 2018; and
(d) the unit is provided by a higher education provider approved under section
16-25
, whether approved before or after 17 August 2017.
No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2021; and
(c) the unit of study has a census date that occurs on or after 1 January 2021; and
(d) the unit is provided by a higher education provider taken to be approved under section
16-5
, whether taken to be approved before, on or after 1 January 2021.
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.
History
S 104-1(4) inserted by No 83 of 2017, s 3 and Sch 3 item 25, applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2018; and
(c) the unit of study has a census date that occurs on or after 1 January 2018; and
(d) the unit is provided by a higher education provider approved under section
16-25
, whether approved before or after 17 August 2017.
No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable in relation to a unit of study if:
(a) the unit of study is undertaken as part of a course of study; and
(b) the student enrolled in the course of study on or after 1 January 2021; and
(c) the unit of study has a census date that occurs on or after 1 January 2021; and
(d) the unit is provided by a higher education provider taken to be approved under section
16-5
, whether taken to be approved before, on or after 1 January 2021.
When a student meets the student identifier requirements
104-1(5)
A student meets the *student identifier requirements under this subsection if:
(a)
the student has a student identifier immediately before the census date; and
(b)
before the census date, the student notifies the student
'
s student identifier to:
(i)
an *appropriate officer of the higher education provider; and
(ii)
the *Secretary.
History
S 104-1(5) inserted by No 64 of 2022, s 3 and Sch 1 item 5, effective 30 November 2022 and applicable in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after 30 November 2022.
104-1(6)
A notification under paragraph
(5)(b)
may be included in a *request for Commonwealth assistance that the student has given to the higher education provider in relation to:
(a)
the unit of study for which the assistance is sought; or
(b)
the *course of study of which the unit forms a part; or
(c)
any other unit of study forming part of that course.
History
S 104-1(6) inserted by No 64 of 2022, s 3 and Sch 1 item 5, effective 30 November 2022 and applicable in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after 30 November 2022.
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