Higher Education Support Act 2003
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View history noteSubdiv 104-B heading substituted by No 76 of 2018, s 3 and Sch 3 item 8, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.
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 * FEE-HELP assistance that the person received for a unit of study 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.
Note 1:
A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited under this section: see subsection 137-10(4) .
Note 2:
For certain FEE-HELP debts relating to a unit of study, the amount to be re-credited under this section in relation to the unit may be reduced: see section 104-44A .
S 104-44(1) amended by No 30 of 2025, s 3 and Sch 1 items 28 and 29, by substituting " Note 1 " for " Note " in the note and inserting note 2, effective 3 August 2025. For transitional provisions, see note under s 97-55 .
S 104-44(1) amended by No 76 of 2018, s 3 and Sch 3 items 32 and 33, by substituting " * HELP balance " for " * FEE-HELP balance " and " HELP balance " for " FEE-HELP balance " in the note, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.
104-44(2)
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 * FEE-HELP assistance that the person received for a unit of study if the Secretary is satisfied that the student was not entitled to receive FEE-HELP assistance for the unit of study with the higher education provider.
S 104-44(2) amended by No 76 of 2018, s 3 and Sch 3 item 34, by substituting " * HELP balance " for " * FEE-HELP balance " , effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.
104-44(3)
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 * FEE-HELP assistance that the person received for a unit of study if the student has not has been assessed by the higher education provider as academically suited to undertake the unit concerned.
S 104-44(3) amended by No 76 of 2018, s 3 and Sch 3 item 34, by substituting " * HELP balance " for " * FEE-HELP balance " , effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.
104-44(4)
The * Secretary may re-credit the person ' s * HELP balance under this section if the provider is unable to do so.
S 104-44(4) amended by No 76 of 2018, s 3 and Sch 3 item 34, by substituting " * HELP balance " for " * FEE-HELP balance " , effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.
S 104-44 inserted by No 83 of 2017, s 3 and Sch 3 item 29, applicable in relation to higher education providers 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 on and after 1 January 2021 in relation to higher education providers taken to be approved under section 16-5 , whether taken to be approved before, on or after 1 January 2021.
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