Chapter 4
-
Repayment of loans
PART 4-1
-
INDEBTEDNESS
Division 137
-
How do HELP debts arise?
SECTION 137-5
HECS-HELP debts
Incurring HECS-HELP debts
137-5(1)
A person incurs a debt to the Commonwealth if, under section
96-1
, the Commonwealth:
(a)
makes a loan to the person; and
(b)
uses the amount lent to make a payment in discharge of the person
'
s liability to pay his or her *student contribution amount for a unit of study.
The debt is a
HECS-HELP
debt.
History
S 137-5(1) amended by No 64 of 2022, s 3 and Sch 4 item 12, by omitting
"
or 96-2
"
after
"
section 96-1
"
, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2023.
S 137-5(1) amended by No 93 of 2020, s 3 and Sch 4A item 8, by inserting
"
or 96-2
"
after
"
section 96-1
"
, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2021.
S 137-5(1) amended by No 169 of 2015, s 3 and Sch 3 item 6, by omitting
"
or 96-5
"
after
"
section 96-1
"
, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2017.
137-5(2)
The amount of the *HECS-HELP debt is the amount of the loan.
When HECS-HELP debts are incurred
137-5(3)
A *HECS-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person
'
s *student contribution amount for the unit.
Remission of HECS-HELP debts
137-5(4)
A person
'
s *HECS-HELP debt in relation to a unit of study is taken to be remitted if section
36-20
,
36-24A
,
36-24B
,
36-24BB
or
36-24BC
applies to the person (even if subsection
36-20(3)
,
36-24BB(3)
or
36-24BC(3)
applies to the provider in relation to the person).
History
S 137-5(4) amended by No 55 of 2021, s 3 and Sch 1 items 9 and 10, by substituting
"
, 36-24B, 36-24BB or 36-24BC
"
for
"
or 36-24B
"
and inserting
"
, 36-24BB(3) or 36-24BC(3)
"
, effective 25 June 2021. For application provisions, see note under s
36-24BB
.
S 137-5(4) substituted by No 104 of 2011, s 3 and Sch 2 item 17, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. S 137-5(4) formerly read:
137-5(4)
A person
'
s *HECS-HELP debt in relation to a unit of study is taken to be remitted if the person
'
s *SLE is re-credited under Division
79
in relation to the unit.
137-5(5)
A person
'
s *HECS-HELP debt in relation to a unit of study is taken to be remitted if the person
'
s *HELP balance is re-credited under Division
97
in relation to the unit.
Note:
The debt is taken to be remitted even if the person
'
s HELP balance is not increased by an amount equal to the amount re-credited.
History
S 137-5(5) amended by No 93 of 2020, s 3 and Sch 4 item 31, by substituting
"
Division 97
"
for
"
section 97-25, 97-27 or 97-42
"
, effective 1 January 2021.
S 137-5(5) inserted by No 76 of 2018, s 3 and Sch 3 item 55, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
S 137-5(5) repealed by No 104 of 2011, s 3 and Sch 2 item 17, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. S 137-5(5) formerly read:
137-5(5)
A person
'
s *HECS-HELP debt, in relation to a unit of study that wholly consists of *work experience in industry, is taken to be remitted if section
36-22
,
36-22A
or
36-23
applies to the person (even if subsection
36-22(2A)
applies to the provider in relation to the person).