Higher Education Support Act 2003
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.
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.
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.
[ CCH Note: S 137-10(4) will be amended by No 76 of 2018, s 3 and Sch 3 items 56 and 57, 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.]
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