Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-4 - OS-HELP ASSISTANCE

Division 121 - How are amounts of OS-HELP assistance worked out?

SECTION 121-1 The amount of OS-HELP assistance for a period

121-1(1)
The amount of *OS-HELP assistance to which a student is entitled for a period of 6 months is the sum of the following amounts determined by the higher education provider to which the student applied for selection for receipt of the assistance:

(a) the amount determined by the provider for the overseas study (see subsections (2) and (3));

(b) if the student is entitled to a *supplementary amount for Asian language study - the supplementary amount determined by the provider for that language study (see subsections (4) and (5)).

Determining amounts for overseas study

121-1(2)
The amount determined for overseas study must not exceed:

(a) the amount specified in the application; or

(b) the *maximum OS-HELP (overseas study) amount for a period of 6 months.

121-1(3)
The amount determined for overseas study must not be less than the higher education provider ' s *minimum OS-HELP (overseas study) amount, if the provider has a minimum OS-HELP (overseas study) amount.

Determining supplementary amounts for Asian language study

121-1(4)
The supplementary amount determined for Asian language study must not exceed:

(a) the amount specified in the application; or

(b) the *maximum OS-HELP (Asian language study) amount for a period of 6 months.

121-1(5)
The supplementary amount determined for Asian language study must not be less than the higher education provider ' s *minimum OS-HELP (Asian language study) amount, if the provider has a minimum OS-HELP (Asian language study) amount.

View history note

History

S 121-1 substituted by No 112 of 2013, s 3 and Sch 1 item 14, effective 30 June 2013. For application provisions see note under s 121-1 . No 112 of 2013, s 3 and Sch 1 Pt 2 contains the following application provisions:

Part 2 - Application of amendments
29 Application of amendments relating to OS-HELP assistance
(1)
Part 3-4 of the Higher Education Support Act 2003 , as amended by this Schedule, applies in relation to OS-HELP assistance paid to a student if:

(a) the assistance is paid on or after 1 January 2014; and

(b) the student is selected, on or after 1 January 2014, by the home provider for receipt of OS-HELP assistance, or a supplementary amount for Asian language study, in relation to a period of 6 months; and

(c) in the case of overseas study - the overseas study to which the assistance relates is completed on or after 1 January 2014; and

(d) in the case of a supplementary amount for Asian language study - the intensive study in an Asian language to which the supplementary amount relates is completed on or after 1 January 2014.

(2)
To avoid doubt, subitem (1) applies even if:

(a) the student applied for OS-HELP assistance before 1 January 2014; or

(b) the period of 6 months to which the assistance relates started before 1 January 2014; or

(c) the student started to undertake the overseas study to which the assistance relates, or the intensive study in an Asian language, before 1 January 2014.
30 Indexation of amounts in 2014
(1)
Despite section 198-10 of the Higher Education Support Act 2003 , the amounts set out in items 5 and 6 of the table in subsection 198-5(1) of that Act, as in force on and after the commencement of this item, are not to be indexed on 1 January 2014 in accordance with Part 5-6 of that Act.

(2)
Despite Part 5-6 of the Higher Education Support Act 2003 , the maximum OS-HELP amount for a period of 6 months under section 121-5 of that Act, as in force immediately before the commencement of this item, is taken to be $6,250 for a student who:

(a) is paid OS-HELP assistance on or after 1 January 2014; and

(b) either:

(i) is selected for receipt of OS-HELP assistance before 1 January 2014; or

(ii) completes the overseas study in respect of the period before 1 January 2014.

S 121-1 formerly read:

SECTION 121-1 The amount of OS-HELP assistance for a period
121-1(1)
The amount of *OS-HELP assistance to which a student is entitled for a period of 6 months is the amount determined by the higher education provider to which the student applied for selection for receipt of the assistance.

121-1(2)
The amount must not exceed:

(a) the amount specified in the application; or

(b) the *maximum OS-HELP amount for a period of 6 months.

121-1(3)
The amount must not be less than the higher education provider's *minimum OS-HELP amount, if the provider has a minimum OS-HELP amount.

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