Chapter 3
-
Assistance to students
PART 3-3
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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 104-44
Re-crediting a person
'
s HELP balance in relation to FEE-HELP assistance if provider completes request for assistance etc.
104-44(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 the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.
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 under this section: see subsection
137-10(4)
.
History
S 104-44(1) amended by No 76 of 2018, s 3 and Sch 3 items 32 and 33, 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.
104-44(2)
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 the Secretary is satisfied that the student was not entitled to receive FEE-HELP assistance for the unit of study with the higher education provider.
History
S 104-44(2) amended by No 76 of 2018, s 3 and Sch 3 item 34, by substituting
"
*HELP balance
"
for
"
*FEE-HELP balance
"
, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
104-44(3)
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 the student has not has been assessed by the higher education provider as academically suited to undertake the unit concerned.
History
S 104-44(3) amended by No 76 of 2018, s 3 and Sch 3 item 34, by substituting
"
*HELP balance
"
for
"
*FEE-HELP balance
"
, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
104-44(4)
The *Secretary may re-credit the person
'
s *HELP balance under this section if the provider is unable to do so.
History
S 104-44(4) amended by No 76 of 2018, s 3 and Sch 3 item 34, 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 104-44 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.