Higher Education Support Act 2003

Chapter 4 - Repayment of loans  

PART 4-1 - INDEBTEDNESS  

Division 142 - Special measures for very remote HELP debtors  

SECTION 142-10   Reducing indexation of accumulated HELP debts  

142-10(1)  
The *Secretary must, on the application of a person under subsection (4), determine that the indexation of the person ' s *accumulated HELP debt for a financial year is to be reduced if:


(a) on 1 June of the financial year in which the application is made, the person has an *accumulated HELP debt; and


(b) the Secretary is satisfied that the person:


(i) was a *very remote HELP debtor at any time during the calendar year (the applicable calendar year ) ending on 31 December in the financial year; and

(ii) has met such other requirements (if any) as are specified in the Very Remote HELP Debtor Guidelines for the purposes of this subparagraph.

142-10(2)  
If the *Secretary determines that the indexation of the person ' s *accumulated HELP debt for a financial year is to be reduced, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *very remote HELP debtor.

142-10(3)  
The *Secretary must, within 28 days after the day the Secretary receives the application under subsection (4), give notice to the person of the Secretary ' s decision on that application. The notice must:


(a) be in writing; and


(b) if the Secretary determines that the indexation of the person ' s accumulated HELP debt for a financial year is to be reduced - state the number of days determined by the Secretary under subsection (2).

Note:

The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within 28 days: see section 206-5 .

142-10(4)  
A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person ' s *accumulated HELP debt for a financial year be reduced. The application must:


(a) be in writing; and


(b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and


(c) include the person ' s *tax file number; and


(d) meet any requirements specified by the Very Remote HELP Debtor Guidelines for the purposes of this paragraph.


 

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