Higher Education Support Act 2003

Chapter 4 - Repayment of loans  

PART 4-1 - INDEBTEDNESS  

Division 137 - How do HELP debts arise?  

SECTION 137-5   HECS-HELP debts   Incurring HECS-HELP debts

137-5(1)  


A person incurs a debt to the Commonwealth if, under section 96-1 or 96-2 , 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 *student contribution amount for a unit of study.

The debt is a HECS-HELP debt.

137-5(2)  
The amount of the *HECS-HELP debt is the amount of the loan. When HECS-HELP debts are incurred

137-5(3)  
A *HECS-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 *student contribution amount for the unit. Remission of HECS-HELP debts

137-5(4)  


A person ' s *HECS-HELP debt in relation to a unit of study is taken to be remitted if section 36-20 , 36-24A , 36-24B , 36-24BB or 36-24BC applies to the person (even if subsection 36-20(3) , 36-24BB(3) or 36-24BC(3) applies to the provider in relation to the person).

137-5(5)  


A person ' s *HECS-HELP debt in relation to a unit of study is taken to be remitted if the person ' s *HELP balance is re-credited under Division 97 in relation to the unit.
Note:

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


 

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