Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-2 - HECS-HELP ASSISTANCE

Division 97 - Re-crediting of HELP balances in relation to HECS-HELP assistance

History

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 provisions
144 Application - HELP balance provisions
(1)
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 .

(2)
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
145
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
146
If:

(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

(ii) clause 46 of Schedule 1A to that Act; 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
147
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.

]

SECTION 97-27 Re-crediting a person ' s HELP balance in relation to HECS-HELP assistance - no tax file number

View history reference

97-27(1)
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) subsection 193-5(1) applies to the person in relation to the unit.

97-27(2)
The *Secretary may re-credit the person ' s *HELP balance under subsection (1) if the provider is unable to do so.

View history note

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