Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 2 - VET FEE-HELP assistance  

Division 9 - How are amounts of VET FEE-HELP assistance paid?  

Note:

Division 11 also deals with payments by the Commonwealth under this Schedule.

SECTION 56   Effect of HELP balance being re-credited  

Re-crediting other than under subclause 46AA(1)

56(1)    

If, under subclause 46(2) , 46A(1) or 47(1) , or clause 51 , a person ' s *HELP balance is re-credited with an amount relating to *VET FEE-HELP assistance for a *VET unit of study, the provider must pay to the Commonwealth an amount equal to the amount of VET FEE-HELP assistance to which the person was entitled for the unit.

Note:

The provider must repay the amount under subclause (1) even if the person ' s HELP balance is not increased by an amount equal to the amount re-credited.

56(2)    
Subclause (1) does not apply to the provider if:

(a) the person ' s *HELP balance was re-credited under subclause 46(2) (main case of re-crediting a person ' s HELP balance); and

(b) the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *VET tuition assurance requirements.

56(3)    

The *VET Guidelines may, in setting out the *VET tuition assurance requirements, specify, in relation to the re-crediting of a person ' s *HELP balance in circumstances to which subclause (2) applies:

(a) the amount (if any) that is to be paid to the Commonwealth; and

(b) the person (if any) who is to pay the amounts.

Re-crediting under subclause 46AA(1)

56(4)    

If:

(a) under subclause 46AA(1) (inappropriate conduct by provider or provider ' s agent), a person ' s *HELP balance is re-credited with an amount relating to *VET FEE-HELP assistance for a *VET unit of study with a *VET provider; and

(b) the inappropriate conduct which the *Secretary is satisfied was reasonably likely to have been engaged in was, or included, the VET provider treating the person as being entitled to the assistance under clause 43 , when the person was not entitled to that assistance;

the VET provider must pay to the Commonwealth an amount equal to the amount of VET FEE-HELP assistance to which the person was treated as being entitled for the unit.