Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-6 - HELP BALANCES  

SECTION 128-15   HELP balances  

128-15(1)    
A person ' s HELP balance at a particular time is:

(a) if the *HELP loan limit in relation to the person at the time exceeds the sum of all of the amounts of:

(i) *HECS-HELP assistance that has previously been payable for the person; and

(ii) *FEE-HELP assistance that has previously been payable for the person; and

(iii) *VET FEE-HELP assistance that has previously been payable for the person; and

(iv) *VET student loans that have previously been payable for the person;

being that sum as reduced by any amounts previously re-credited to the person ' s HELP balance under Division 97 of this Act, Subdivision 104-B of this Act, section 128-25 of this Act, Subdivision 7-B of Schedule 1A to this Act or Part 6 of the VET Student Loans Act 2016 - that excess; and

(b) otherwise - zero.

Note 1:

If an amount is to be re-credited to a HELP balance, the balance that is to be re-credited is worked out immediately before that re-crediting. The balance is worked out after the re-crediting by taking account of the amount re-credited. If a person ' s HELP loan limit has been reduced, the balance might not increase, or might not increase by the same amount as the amount re-credited.

Note 2:

For transitional provisions relating to this section, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 . Those transitional provisions mean that subparagraph (1)(a)(i) does not apply in relation to a unit of study if the census date for the unit is before 1 January 2020.

128-15(1A)    
For the purposes of subparagraphs (1)(a)(i), (ii) and (iii), an amount of *HECS-HELP assistance, *FEE-HELP assistance or *VET FEE-HELP assistance is taken to have been payable for a person immediately after the *census date for the unit to which the assistance relates (whether or not the amount has been paid at that time).

128-15(1B)    
For the purposes of subparagraph (1)(a)(iv), an amount of a *VET student loan is taken to have been payable for a person immediately after the *census day for the course or a part of the course to which the loan amount relates (whether or not the amount has been paid at that time).

128-15(2)    
For the purposes of subparagraphs (1)(a)(i), (ii), (iii) and (iv), it is immaterial whether amounts of *HECS-HELP assistance, *FEE-HELP assistance, *VET FEE-HELP assistance and *VET student loans have been repaid.

128-15(3)    
Subsection (2) is enacted for the avoidance of doubt.