Higher Education Support Amendment (2022 Measures No. 1) Act 2023 (3 of 2023)

Schedule 1   Grandfathered students

Part 2   Application and transitional provisions

8   Partial up-front payments made during transition period

(1) This item applies if:

(a) during the transition period, an affected student made one or more up-front payments to a higher education provider in relation to a unit of study; and

(b) the amount of that payment, or the sum of those payments is less than 90% of the affected student's old student contribution amount for the unit; and

(c) the Commonwealth paid the following amounts to the higher education provider in relation to the student and the unit:

(i) an amount under paragraph 96-2(3)(b) of the Higher Education Support Act 2003;

(ii) an amount under subsection 96-2(4) of that Act.

(2) If the amount (the old amount ) referred to in subparagraph (1)(c)(i) or (ii) is more than the amount (the new amount ) that would have been paid to the provider had the relevant amendment been in force during the transition period, the difference between the old amount and the new amount may be:

(a) deducted from any amount that is payable, or to be paid, to the higher education provider under the Higher Education Support Act 2003; or

(b) recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.

(3) If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the transition period, the higher education provider must pay to the affected student an amount equal to the difference between the 2 amounts.

(4) The higher education provider must, on the Secretary's behalf, re-credit the affected student's HELP balance with an amount (the relevant amount ) that is equal to the difference between the amount referred to in subparagraph (1)(c)(i) that was paid to the provider and the amount that would have been paid under paragraph 96-2(3)(b) of the Higher Education Support Act 2003, had the relevant amendment been in force during the transition period.

(5) The affected student's HECS-HELP debt in relation to the unit of study is taken to be remitted by an amount equal to the relevant amount for the purposes of the Higher Education Support Act 2003.