Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-2 - HECS-HELP ASSISTANCE  

Division 93 - How are amounts of HECS-HELP assistance worked out?  

SECTION 93-20   Amounts of HECS-HELP assistance, FEE-HELP assistance and VET FEE-HELP assistance must not exceed the HELP balance  

Amount of HECS-HELP assistance for one unit

93-20(1)    
The amount of *HECS-HELP assistance to which a student is entitled for a unit of study is an amount equal to the student ' s *HELP balance on the *census date for the unit if:

(a) there is no other:

(i) unit of study, with the same census date, for which the student is entitled to *HECS-HELP assistance; or

(ii) unit of study, with the same census date, for which the student is entitled to *FEE-HELP assistance; or

(iii) *VET unit of study, with the same census date, for which the student is entitled to *VET FEE-HELP assistance; and

(b) the amount of HECS-HELP assistance to which the student would be entitled under section 93-1 for the unit would exceed that HELP balance.

Note 1:

For transitional provisions relating to subparagraph (a)(i), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .

Note 2:

The amount of a *VET student loan is limited by reference to the student ' s HELP balance - see sections 8 and 20 of the VET Student Loans Act 2016 . The student ' s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student - see section 128-15 .

Amount of HECS-HELP assistance for more than one unit

93-20(2)    
If the sum of:

(a) the amount of *HECS-HELP assistance to which a student would be entitled under section 93-1 for a unit of study; and

(b) any other amounts of:

(i) HECS-HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and

(ii) *FEE-HELP assistance to which the student would be entitled under section 107-1 for other units that have the same census date as that unit; and

(iii) *VET FEE-HELP assistance to which the student would be entitled under clause 52 of Schedule 1A for other units that have the same census date as that unit;

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

Example:

Kate has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. The student contribution amount for each unit is $600. There are no up-front payments for the units. The total amount of HECS-HELP assistance to which Kate is entitled for the units is $2,000, even though the total amount of the student contribution amounts for the units is $2,400.

Note 1:

For transitional provisions relating to subparagraph (b)(i), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .

Note 2:

The amount of a *VET student loan is limited by reference to the student ' s HELP balance - see sections 8 and 20 of the VET Student Loans Act 2016 . The student ' s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student - see section 128-15 .

93-20(3)    
If the student referred to in subsection (2) has enrolled in the units with more than one higher education provider or *VET provider, the student must notify each provider of the proportion of the total amount of *HECS-HELP assistance, *FEE-HELP assistance or *VET FEE-HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.