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

Schedule 1   Grandfathered students

Part 2   Application and transitional provisions

9   No up-front payments made during transition period

(1) This item applies if, during the transition period:

(a) under section 96-1 of the Higher Education Support Act 2003, the Commonwealth:

(i) as a benefit to an affected student, lent to the student an amount of HECS-HELP assistance for a unit of study with a higher education provider; and

(ii) paid to the provider the amount lent in discharge of the student's liability to pay their student contribution amount for the unit; and

(b) the affected student did not make any up-front payments in relation to the unit.

(2) If the amount paid to the higher education provider is more than the amount that would have been paid in relation to the affected student had the relevant amendment been in force during the transition period, the difference between the 2 amounts 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) 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 that was paid to the provider and the amount that would have been paid in relation to the affected student, had the relevant amendment been in force during the transition period.

(4) 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.