Higher Education Support Act 2003

Chapter 4 - Repayment of loans  

PART 4-1 - INDEBTEDNESS  

Division 137 - How do HELP debts arise?  

SECTION 137-10   FEE-HELP debts   Incurring FEE-HELP debts

137-10(1)  
A person incurs a debt to the Commonwealth if, under section 110-1 , the Commonwealth:


(a) makes a loan to the person; and


(b) uses the amount lent to make a payment in discharge of the person ' s liability to pay his or her *tuition fee for a unit of study.

The debt is a FEE-HELP debt.

137-10(2)  


The amount of the *FEE-HELP debt is:


(a) if the loan relates to *FEE-HELP assistance for a unit of study provided by a Table B provider - the amount of the loan; or


(b) if paragraph (a) does not apply and the loan relates to *FEE-HELP assistance that forms part of an *undergraduate course of study - an amount equal to 125% of the loan; or


(c) if neither paragraph (a) nor (b) applies - the amount of the loan.

When FEE-HELP debts are incurred

137-10(3)  
A *FEE-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person ' s *tuition fee for the unit. Remission of FEE-HELP debts

137-10(4)  


A person ' s *FEE-HELP debt in relation to a unit of study is taken to be remitted if the person ' s *FEE-HELP balance is re-credited under section 104-25 , 104-27 , 104-42 , 104-43 or 104-44 in relation to the unit.
Note:

The debt is taken to be remitted even if the person ' s FEE-HELP balance is not increased by an amount equal to the amount re-credited.


 

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