Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-2 - HECS-HELP ASSISTANCE  

Division 96 - How are amounts of HECS-HELP assistance paid?  

Note:

Part 5-1 deals generally with payments by the Commonwealth under this Act.

SECTION 96-2   Payments to higher education providers - partial up-front payment of student contribution amount  

Up-front payments made for one unit of study only

96-2(1)  
If:

(a)  a student is entitled to an amount of *HECS-HELP assistance for a unit of study (the relevant unit ) in which the student is enrolled with a higher education provider; and

(b)  one or more *up-front payments have been made in relation to the relevant unit; and

(c)  both of the following apply:


(i) the amount of that up-front payment, or the sum of those up-front payments, is less than 90% of the student ' s *student contribution amount for the relevant unit;

(ii) the amount of that up-front payment, or the sum of those up-front payments, is $500 or more; and

(d)  either:


(i) the student is not enrolled with a provider as a *Commonwealth supported student in relation to any other units of study that have the same *census date as the relevant unit; or

(ii) if the student is so enrolled in relation to one or more such other units of study, no up-front payments have been made for any of those units;

the Commonwealth must pay the amount of HECS-HELP assistance for the relevant unit in accordance with subsections (3) and (4).

Up-front payments made for more than one unit of study

96-2(2)  
If:

(a)  a student is entitled to an amount of *HECS-HELP assistance for a unit of study (the relevant unit ) in which the student is enrolled with a higher education provider; and

(b)  one or more up-front payments have been made in relation to the relevant unit; and

(c)  the student is enrolled with the provider as a *Commonwealth supported student in relation to one or more other units of study that have the same *census date as the relevant unit; and

(d)  one or more up-front payments have been made in relation to one or more of those other units; and

(e)  both of the following apply:


(i) the sum of the up-front payments made in relation to the relevant unit and those other units is less than 90% of the sum of the student ' s *student contribution amounts for the relevant unit and those other units;

(ii) the sum of the up-front payments made in relation to the relevant unit and those other units is $500 or more;

the Commonwealth must pay the amount of HECS-HELP assistance for the relevant unit in accordance with subsections (3) and (4).

Payment of loan amount

96-2(3)  
The Commonwealth must:

(a)  as a benefit to the student, lend to the student an amount equal to the difference between the amount of *HECS-HELP assistance for the relevant unit and the *HECS-HELP discount for the relevant unit; and

(b)  pay to the provider the amount lent in discharge of that amount of the student ' s liability to pay the student ' s *student contribution amount for the relevant unit. Payment of discount amount

96-2(4)  
The Commonwealth must, as a benefit to the student, pay to the provider an amount equal to the *HECS-HELP discount for the relevant unit in discharge of that amount of the student ' s liability to pay the student ' s *student contribution amount for the relevant unit. HECS-HELP discount

96-2(5)  
The HECS-HELP discount for a unit of study is an amount equal to one-ninth of the *up-front payment, or the sum of all of the up-front payments made, in relation to the unit.

Example:

Robert is required to pay a student contribution amount for a unit of study of $2,745 by 31 January 2021, and makes an up-front payment in relation to the unit of $900 on 20 January 2021.

Robert is entitled to HECS-HELP assistance for the unit of $1,845 ($2,745 minus $900), which the Commonwealth must pay to the higher education provider.

The up-front payment in relation to the unit exceeded $500 so there is a HECS-HELP discount of $100 (one-ninth of $900). The Commonwealth lends to Robert the remainder of the HECS-HELP assistance in relation to the unit, an amount of $1,745 ($1,845 minus $100).


 

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