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 142-15   Reducing accumulated HELP debts  

142-15(1)    
The *Secretary must, on the application of a person under subsection (5) , determine that the person ' s *accumulated HELP debt is to be reduced in relation to a *course of study in education by a specified amount if:

(a)    

the Secretary is satisfied that the person:

(i) has been a *location-preferred HELP debtor (teacher) for a period of 4 years, or for periods within a continuous 6 year period that total 4 years; and

(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Teachers) for the purposes of this subparagraph; and

(b)    the Secretary has not previously determined under this section that the person ' s accumulated HELP debt is to be reduced in relation to a course of study in education.

142-15(2)    
If the *Secretary determines that a person ' s *accumulated HELP debt is to be reduced, the amount by which that debt is reduced is the amount equal to the lesser of the following:

(a)    the sum of the amounts of *HECS-HELP debt and *FEE-HELP debt incurred by the person in respect of units of study:

(i) with a total *EFTSL value of not more than 5.0 *EFTSL; and

(ii) undertaken as part of the *course of study in education mentioned in subsection (1) ;

(b)    the amount of the person ' s accumulated HELP debt at the start of the period of 4 years, or at the start of the first period of the periods totalling 4 years, referred to in subparagraph (1)(a)(i) .

142-15(3)    
To avoid doubt, subsection (2) may have the effect of reducing a person ' s *accumulated HELP debt for a financial year to less than zero.

142-15(4)    

The *Secretary must, within the period specified by subsection (4A) , notify the person of the Secretary ' s decision on that application. The notice must:

(a)    be in writing; and

(b)    if the Secretary has determined that the person ' s *accumulated HELP debt is to be reduced - state the amount by which that debt is to be reduced.

142-15(4A)    

For the purposes of subsection (4) , the period is:

(a)    the period of 60 days after the day the *Secretary receives the application under subsection (5) ; 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 .

142-15(4B)    

If the notice states an amount by which the person ' s *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

142-15(5)    
A person may apply to the *Secretary for a determination under subsection (1) that the person ' s *accumulated HELP debt 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.