Higher Education Support Act 2003
Chapter 4
-
Repayment of loans
PART 4-1
-
INDEBTEDNESS
Division 142
-
Special measures for location-preferred HELP debtors
-
teachers
SECTION 142-10
Reducing indexation of accumulated HELP debts
142-10(1)
The *Secretary must, on the application of a person under subsection (4) , determine that the indexation of the person ' s *accumulated HELP debt for a financial year is to be reduced if: (a) on 1 June of the financial year in relation to which the application is made, the person has an *accumulated HELP debt; and (b) the Secretary is satisfied that the person:
142-10(2)
If the *Secretary determines that the indexation of the person ' s *accumulated HELP debt for a financial year is to be reduced, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *location-preferred HELP debtor (teacher).
142-10(3)
The *Secretary must, within the period specified by subsection (3A) , give notice to the person of the Secretary ' s decision on that application. The notice must: (a) be in writing; and (b) if the Secretary determines that the indexation of the person ' s accumulated HELP debt for a financial year is to be reduced - state the number of days determined by the Secretary under subsection (2) .
142-10(3A)
For the purposes of subsection (3) , the period is: (a) the period of 60 days after the day the *Secretary receives the application under subsection (4) ; or (b) any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.
142-10(3B)
If the notice states a number of days by which indexation of the person ' s *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.
142-10(4)
A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person ' s *accumulated HELP debt for a financial year be reduced. The application must: (a) be in writing; and (b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and (c) include the person ' s *tax file number; and (d) meet any requirements specified by the HELP Debtor Guidelines (Teachers) for the purposes of this paragraph.
View history note
Hide history noteThe *Secretary must, on the application of a person under subsection (4) , determine that the indexation of the person ' s *accumulated HELP debt for a financial year is to be reduced if: (a) on 1 June of the financial year in relation to which the application is made, the person has an *accumulated HELP debt; and (b) the Secretary is satisfied that the person:
(i) was a *location-preferred HELP debtor (teacher) at any time during the calendar year (the applicable calendar year ) ending on 31 December in the financial year; and
(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Teachers) for the purposes of this subparagraph.
142-10(2)
If the *Secretary determines that the indexation of the person ' s *accumulated HELP debt for a financial year is to be reduced, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *location-preferred HELP debtor (teacher).
142-10(3)
The *Secretary must, within the period specified by subsection (3A) , give notice to the person of the Secretary ' s decision on that application. The notice must: (a) be in writing; and (b) if the Secretary determines that the indexation of the person ' s accumulated HELP debt for a financial year is to be reduced - state the number of days determined by the Secretary under subsection (2) .
142-10(3A)
For the purposes of subsection (3) , the period is: (a) the period of 60 days after the day the *Secretary receives the application under subsection (4) ; or (b) any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.
Note:
The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5 .
142-10(3B)
If the notice states a number of days by which indexation of the person ' s *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.
142-10(4)
A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person ' s *accumulated HELP debt for a financial year be reduced. The application must: (a) be in writing; and (b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and (c) include the person ' s *tax file number; and (d) meet any requirements specified by the HELP Debtor Guidelines (Teachers) for the purposes of this paragraph.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.