Higher Education Support Act 2003
Div 97 inserted by No 76 of 2018, s 3 and Sch 3 item 6, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 144 - 147 contains the following application and transitional provisions:
Part 2 - Application and transitional provisions144 Application - HELP balance provisions
For the purposes of this item, HELP balance provisions means the following provisions of the Higher Education Support Act 2003 (as amended by this Schedule):
(a) paragraph 90-1(ba) ;
(b) section 93-20 so far as that section relates to an amount of HECS-HELP assistance to which a student is or would be entitled for a unit of study;
(c) subparagraph 128-15(1)(a)(i) ;
(d) Division 97 ;
(e) subparagraph 107-10(1)(a)(ia) ;
(f) subparagraph 107-10(2)(b)(ia) ;
(g) subparagraph 54(1)(a)(ia) of Schedule 1A ;
(h) subparagraph 54(2)(b)(ia) of Schedule 1A .
The HELP balance provisions apply in relation to a unit of study in which a student was or is enrolled with a higher education provider as part of a course of study if the census date for the unit is on or after 1 January 2020. 145 Transitional - re-credited amounts
If, before 1 January 2020, an amount was re-credited to a person ' s FEE-HELP balance under:
(a) Subdivision 104-B of the Higher Education Support Act 2003 ; or
(b) Subdivision 7-B of Schedule 1A to that Act; or
(c) Part 6 of the VET Student Loans Act 2016 ;
section 128-15 of the Higher Education Support Act 2003 (as amended by this Schedule) has effect as if the amount had been re-credited to the person ' s HELP balance immediately after the start of 1 January 2020.146 Transitional - pending decisions about re-credited amounts
(a) an application for the re-crediting of an amount to a person ' s FEE-HELP balance was made before 1 January 2020; and
(b) the application was made under:
(i) section 104-25 of the Higher Education Support Act 2003 ; or
(iii) section 72 of the VET Student Loans Act 2016 ; and
(c) no decision was made on the application before the commencement of this item;
the application has effect, after the start of 1 January 2020, as if it were an application for the re-crediting of the amount to the person ' s HELP balance.147 Transitional - indexation
Despite anything in subsection 198-10(1) of the Higher Education Support Act 2003 , the HELP loan limit is not to be indexed on 1 January 2020.
If section 97-42 applies to re-credit a person ' s *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit. 97-25(2)
A higher education provider must, on the *Secretary ' s behalf, re-credit a person ' s *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
(c) the provider is satisfied that special circumstances apply to the person (see section 97-30 ); and
(d) the person applies in writing to the provider for re-crediting of the HELP balance; and
(i) the application is made before the end of the application period under section 97-35 ; or
(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
If the higher education provider is unable to act for one or more of the purposes of subsection (2), or section 97-30 , 97-35 or 97-40 , the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.
S 97-25 inserted by No 76 of 2018, s 3 and Sch 3 item 6, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.