Higher Education Support Act 2003

Chapter 4 - Repayment of loans  

PART 4-1 - INDEBTEDNESS  

Division 144 - Special measures for location-preferred HELP debtors - health practitioners  

SECTION 144-5   Reducing indexation of accumulated HELP debts  

144-5(1)    
The *Secretary must, on the application of a person under subsection (6) , determine that the indexation of the person ' s *accumulated HELP debt for a *course of study is to be reduced in relation to a financial year if:

(a)    on 1 June of the financial year in relation to which the application is made, the person has an accumulated HELP debt for the course of study; and

(b)    the Secretary is satisfied that the person:

(i) was a *location-preferred HELP debtor (health practitioner) in relation to the course of study 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 (Health Practitioners) for the purposes of this subparagraph.

144-5(2)    
If the *Secretary determines that the indexation of the person ' s *accumulated HELP debt for a *course of study is to be reduced in relation to a financial year, 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 (health practitioner) for the course of study.

144-5(3)    
The *Secretary must, within the period specified by subsection (4) , 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 the *course of study is to be reduced in relation to a financial year - state the number of days determined by the Secretary under subsection (2) .

144-5(4)    
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 (6) ; 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 .

144-5(5)    
If the notice states a number of days by which indexation of the person ' s *accumulated HELP debt for the *course of study is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

144-5(6)    
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 *course of study be reduced in relation to a financial year. 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 (Health Practitioners) for the purposes of this paragraph.

144-5(7)    
The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (6) .