Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-3 - FEE-HELP ASSISTANCE  

Division 107 - How are amounts of FEE-HELP assistance worked out?  

SECTION 107-10   Amounts of FEE-HELP assistance, HECS-HELP assistance and VET FEE-HELP assistance must not exceed the HELP balance  

Amount of FEE-HELP assistance for one unit

107-10(1)  
The amount of *FEE-HELP assistance to which a student is entitled for a unit of study is an amount equal to the student ' s *HELP balance on the *census date for the unit if:


(a) there is no other:


(i) unit of study, with the same census date, for which the student is entitled to FEE-HELP assistance; or

(ia) unit of study, with the same census date, for which the student is entitled to HECS-HELP assistance; or

(ii) *VET unit of study, with the same census date, for which the student is entitled to *VET FEE-HELP assistance; and


(b) the amount of FEE-HELP assistance to which the student would be entitled under section 107-1 for the unit would exceed that HELP balance.

Note 1:

For transitional provisions relating to subparagraph (a)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2:

The amount of a *VET student loan is limited by reference to the student ' s HELP balance - see sections 8 and 20 of the VET Student Loans Act 2016 . The student ' s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student - see section 128-15 .

Amount of FEE-HELP assistance for more than one unit

107-10(2)  
If the sum of:


(a) the amount of *FEE-HELP assistance to which a student would be entitled under section 107-1 for a unit of study; and


(b) any other amounts of:


(i) FEE-HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and

(ia) *HECS-HELP assistance to which the student would be entitled under section 93-1 for other units that have the same census date as that unit; and

(ii) *VET FEE-HELP assistance to which the student would be entitled under clause 52 of Schedule 1A for other units that have the same census date as that unit;

would exceed the student ' s *HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of FEE-HELP assistance, HECS-HELP assistance and VET FEE-HELP assistance to which the student is entitled for all of those units is an amount equal to that that HELP balance.

Example:

Kath has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath ' s tuition fee for each unit is $600. The total amount of FEE-HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400.

Note 1:

For transitional provisions relating to subparagraph (b)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .

Note 2:

The amount of a *VET student loan is limited by reference to the student ' s HELP balance - see sections 8 and 20 of the VET Student Loans Act 2016 . The student ' s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student - see section 128-15 .

107-10(3)  


If the student has enrolled in the units with more than one higher education provider or *VET provider, and access to none of the units was provided by *Open Universities Australia, the student must notify each provider of the proportion of the total amount of *FEE-HELP assistance,*HECS-HELP assistance or *VET FEE-HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

107-10(4)  


If access to some, but not all, of the units of study was provided by *Open Universities Australia, the student must:


(a) notify Open Universities Australia of the proportion of the total amount of *FEE-HELP assistance that is to be payable in relation to units access to which was provided by Open Universities Australia; and


(b) notify each higher education provider or *VET provider at which the student is enrolled in a unit, access to which was not provided by Open Universities Australia, of the proportion of the total amount of FEE-HELP assistance,*HECS-HELP assistance or *VET FEE-HELP assistance that is to be payable in relation to that unit.


 

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