Higher Education Support Act 2003

S 96-5 repealed by No 55 of 2021, s 3 and Sch 1 item 8, effective 25 June 2021. For application provisions, see note under s 36-24BB . S 96-5 formerly read:

SECTION 96-5 Effect of HELP balance being re-credited  
96-5(1)
If, under Division 97, a person ' s *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount of HECS-HELP assistance to which the person was entitled for the unit.

Note:

The provider must repay the amount under subsection (1) even if the person ' s HELP balance is not increased by an amount equal to the amount re-credited.

96-5(2)
Subsection (1) does not apply to the provider if:
(a) the person ' s *HELP balance was re-credited under subsection 97-25(2) (which deals with the 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 *tuition protection requirements.

96-5(3)
The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to the re-crediting of a person ' s *HELP balance in circumstances to which subsection (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 amount.

S 96-5 inserted by No 93 of 2020, s 3 and Sch 4 item 22, effective 1 January 2021.

Former s 96-5 repealed by No 169 of 2015, s 3 and Sch 3 item 5, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1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. S 96-5 formerly read:

SECTION 96-5 Payments to higher education providers - partial up-front payment of student contribution amount  
General

96-5(1)
If:

(a) a student is entitled to an amount of *HECS-HELP assistance for a unit of study with a higher education provider; and

(b) one or more *up-front payments have been made for the unit; and

(c) the sum of all of the up-front payments made for all of the student ' s units of study:

(i) that have the same *census date as that unit; and

(ii) in relation to which the student is enrolled with the provider as a *Commonwealth supported student;

is less than 90% of the sum of the student ' s *student contribution amounts for all of his or her units; and

(d) the sum of all of the up-front payments made for all of the units is $500 or more;

the Commonwealth must pay the amount of HECS-HELP assistance in accordance with subsections (2) and (3).

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History

S 96-5(1) amended by No 178 of 2011, s 3 and Sch 2 item 7, by substituting " 90% " for " 80% " in para (c), applicable in relation to units of study whose census dates are on or after 1 January 2012.

Payment of loan amount

96-5(2)
The Commonwealth must:

(a) as a benefit to the student, lend to the student an amount equal to the difference between the amount of *HECS-HELP assistance for the unit and the *HECS-HELP discount for the unit; and

(b) pay to the provider the amount lent in discharge of that amount of the student ' s liability to pay his or her *student contribution amount for the unit.

Payment of discount amount

96-5(3)
The Commonwealth must, as a benefit to the student, pay to the provider an amount equal to the *HECS-HELP discount for the unit in discharge of that amount of the student ' s liability to pay his or her *student contribution amount for the unit.

Meaning of HECS-HELP discount

96-5(4)
The HECS-HELP discount for a unit of study is an amount equal to one-ninth of the sum of all of the *up-front payments made for the unit.

Example:

Robert is required to pay a student contribution amount of $2,745 by 31 January 2012, and makes an up front payment of $900 on 20 January 2012.

Robert is entitled to HECS-HELP assistance of $1,845 ($2,745 minus $900), which the Commonwealth must pay to the higher education provider.

The up-front payment exceeded $500 so there is a HECS-HELP discount of $100 (one-ninth of $900). The Commonwealth lends to Robert the remainder of the HECS-HELP assistance, an amount of $1,745 ($1,845 minus $100).

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History

S 96-5(4) substituted by No 178 of 2011, s 3 and Sch 2 item 8, applicable in relation to units of study whose census dates are on or after 1 January 2012. S 96-5(4) formerly read:

96-5(4)
The HECS-HELP discount for a unit of study is an amount equal to one quarter of the sum of all of the *up-front payments made for the unit.

Example:

Robert is required to pay a student contribution amount of $2,745 by 31 March 2005, and makes an up-front payment of $1,000 on 20 March 2005.

Robert is entitled to HECS-HELP assistance of $1,745 ($2,745 minus $1,000), which the Commonwealth must pay to the higher education provider.

The up-front payment exceeded $500 so there is a HECS-HELP discount of $250 (one quarter of $1,000). The Commonwealth lends to Robert the remainder of the HECS-HELP assistance, an amount of $1,495 ($1745 minus $250).