Higher Education Support Act 2003

S 107-10(1) amended by No 76 of 2018, s 3 and Sch 3 items 36 - 39, by substituting " *HELP balance " for " *FEE-HELP balance " , inserting para (a)(ia), substituting " that HELP balance " for " that FEE-HELP balance " in para (b) and inserting Note 1 and 2 at the end, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 107-10(2) amended by No 76 of 2018, s 3 and Sch 3 items 40 - 45, by inserting para (b)(ia) after para (b)(i), substituting " *HELP balance " for " *FEE-HELP balance " , inserting " , HECS-HELP assistance " after " of FEE-HELP assistance " , substituting " that HELP balance " for " that FEE-HELP balance " , " HELP balance " for " FEE-HELP balance " in the example and inserting Note 1 and Note 2 at the end, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 107-10(3) amended by No 76 of 2018, s 3 and Sch 3 item 46, by inserting " ,*HECS-HELP assistance " after " of *FEE-HELP assistance " , effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 107-10(4) amended by No 76 of 2018, s 3 and Sch 3 item 47, by inserting " ,*HECS-HELP assistance " after " of FEE-HELP assistance " in para (b), effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 107-10 substituted by No 170 of 2007, s 3 and Sch 1 item 8, effective 1 January 2008. S 107-10 formerly read:

SECTION 107-10 Amounts of FEE-HELP assistance must not exceed the FEE-HELP balance  
Amount of FEE-HELP assistance for one unit

107-10(1)
The amount of *FEE-HELP assistance to which a student is entitled for a unit of study is an amount equal to the student ' s *FEE-HELP balance on the *census date for the unit if:

(a) there is no other unit of study, with the same census date, for which the student is entitled to FEE-HELP assistance; and

(b) the amount of FEE-HELP assistance to which the student would be entitled under section 107-1 for the unit would exceed that FEE-HELP balance.

Amount of FEE-HELP assistance for more than one unit

107-10(2)
If the sum of:

(a) the amount of *FEE-HELP assistance to which a student would be entitled under section 107-1 for a unit of study; and

(b) any other amounts of FEE-HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit;

would exceed the student ' s *FEE-HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of FEE-HELP assistance to which the student is entitled for all of those units is an amount equal to that FEE-HELP balance.

Example:

Kath has a FEE-HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath ' s tuition fee for each unit is $600. The total amount of FEE-HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400.

107-10(3)
If the student has enrolled in the units with more than one higher education provider, and access to none of the units was provided by *Open Universities Australia, the student must notify each provider of the proportion of the total amount of *FEE-HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

107-10(4)
If access to some, but not all, of the units of study was provided by *Open Universities Australia, the student must:

(a) notify Open Universities Australia of the proportion of the total amount of *FEE-HELP assistance that is to be payable in relation to units access to which was provided by Open Universities Australia; and

(b) notify each higher education provider at which the student is enrolled in a unit access to which was not provided by Open Universities Australia, of the proportion of the total amount of FEE-HELP assistance that is to be payable in relation to that unit.