Chapter 3
-
Assistance to students
PART 3-3
-
FEE-HELP ASSISTANCE
Division 104
-
Who is entitled to FEE-HELP assistance?
Subdivision 104-B
-
Re-crediting HELP balances in relation to FEE-HELP assistance
History
Subdiv 104-B heading substituted by No 76 of 2018, s 3 and Sch 3 item 8, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
SECTION 104-43
Re-crediting a person
'
s HELP balance in relation to FEE-HELP assistance if not a genuine student
104-43(1)
A higher education provider must, on the *Secretary
'
s behalf, re-credit a person
'
s *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:
(a)
the person has been enrolled in the unit with the provider; and
(b)
the Secretary has determined under subsection
104-1(1AA)
that the student is not a genuine student in relation to the unit.
Note:
A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see subsection
137-10(4)
.
History
S 104-43(1) amended by No 93 of 2020, s 3 and Sch 4 item 29, by substituting para (b), effective 1 January 2021. Para (b) formerly read:
(b)
the Secretary is satisfied that the person is not a *genuine student.
S 104-43(1) amended by No 76 of 2018, s 3 and Sch 3 items 28 and 29, by substituting
"
*HELP balance
"
for
"
*FEE-HELP balance
"
and
"
HELP balance
"
for
"
FEE-HELP balance
"
in the note, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
104-43(2)
The *Secretary may re-credit the person
'
s *HELP balance under subsection (1) if the provider is unable to do so.
History
S 104-43(2) amended by No 76 of 2018, s 3 and Sch 3 item 30, by substituting
"
*HELP balance
"
for
"
*FEE-HELP balance
"
, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
History
S 104-43 inserted by No 83 of 2017, s 3 and Sch 3 item 29, applicable in relation to higher education providers approved under section
16-25
, whether approved before or after 17 August 2017. No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable on and after 1 January 2021 in relation to higher education providers taken to be approved under section
16-5
, whether taken to be approved before, on or after 1 January 2021.