Higher Education Support Act 2003

Chapter 4 - Repayment of loans  

PART 4-1 - INDEBTEDNESS  

Division 137 - How do HELP debts arise?  

SECTION 137-16   SA-HELP debts  

Incurring SA-HELP debts

137-16(1)    
A person incurs a debt to the Commonwealth if, under section 128-1 , the Commonwealth:

(a) makes a loan to the person; and

(b) uses the amount lent to make a payment of the person's liability to pay a *student services and amenities fee.

The debt is an SA-HELP debt .

137-16(2)    
The amount of the *SA-HELP debt is an amount equal to the loan.

When SA-HELP debts are incurred

137-16(3)    
An *SA-HELP debt is taken to have been incurred by a person immediately after the day on which the *student services and amenities fee to which the loan relates is payable, whether or not the Commonwealth has made a payment in respect of the fee.

Remission of SA-HELP debts

137-16(4)    
A person ' s *SA-HELP debt in relation to a *student services and amenities fee imposed by a higher education provider is taken to be remitted if, under section 128-5 , the provider must repay the Commonwealth the amount the Commonwealth paid the provider in relation to the fee.