Higher Education Support Act 2003
Note:
See section 6-1 .
View history note
Hide history noteNote:
Division 11 also deals with payments by the Commonwealth under this Schedule.
SECTION 56 Effect of HELP balance being re-creditedRe-crediting other than under subclause 46AA(1)
56(1)
If, under subclause 46(2) , 46A(1) or 47(1) , or clause 51 , a person ' s *HELP balance is re-credited with an amount relating to *VET FEE-HELP assistance for a *VET unit of study, the provider must pay to the Commonwealth an amount equal to the amount of VET FEE-HELP assistance to which the person was entitled for the unit.
Note:
The provider must repay the amount under subclause (1) even if the person ' s HELP balance is not increased by an amount equal to the amount re-credited.
56(2)
Subclause (1) does not apply to the provider if:
(a) the person ' s *HELP balance was re-credited under subclause 46(2) (main case of re-crediting a person ' s HELP balance); and
(b) the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *VET tuition assurance requirements.
56(3)
The *VET Guidelines may, in setting out the *VET tuition assurance requirements, specify, in relation to the re-crediting of a person ' s *HELP balance in circumstances to which subclause (2) applies:
(a) the amount (if any) that is to be paid to the Commonwealth; and
(b) the person (if any) who is to pay the amounts.
Re-crediting under subclause 46AA(1)
56(4)
If:
(a) under subclause 46AA(1) (inappropriate conduct by provider or provider ' s agent), a person ' s *HELP balance is re-credited with an amount relating to *VET FEE-HELP assistance for a *VET unit of study with a *VET provider; and
(b) the inappropriate conduct which the *Secretary is satisfied was reasonably likely to have been engaged in was, or included, the VET provider treating the person as being entitled to the assistance under clause 43 , when the person was not entitled to that assistance;
the VET provider must pay to the Commonwealth an amount equal to the amount of VET FEE-HELP assistance to which the person was treated as being entitled for the unit.
Note:
The VET provider must repay the amount under subclause (4) even if the person ' s HELP balance is not increased by an amount equal to the amount re-credited.
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.
