Higher Education Support Amendment (2008 Budget Measures) Act 2008 (43 of 2008)
Schedule 1 HECS-HELP benefit
Higher Education Support Act 2003
13 At the end of Part 4-2
Add:
Division 157 - HECS-HELP benefit
Subdivision 157-A - Who is eligible for the HECS-HELP benefit?
157-1 Application for the HECS-HELP benefit
A person may apply to the *Commissioner for the *HECS-HELP benefit in respect of an *income year if:
(a) the HECS-HELP Benefit Guidelines set out eligibility requirements for the HECS-HELP benefit; and
(b) the person satisfies those eligibility requirements.
157-5 Form of application
An application for the *HECS-HELP benefit must:
(a) be in writing; and
(b) be in the form required by the HECS-HELP Benefit Guidelines; and
(c) provide all the information, and be accompanied by any documents, required by the HECS-HELP Benefit Guidelines.
157-10 Providing application to Commissioner
An application must be made in the manner, and within the time, specified in the HECS-HELP Benefit Guidelines.
Subdivision 157-B - What is the amount of the HECS-HELP benefit?
157-15 Amount of HECS-HELP benefit
(1) The amount of the *HECS-HELP benefit for an *income year is the amount specified in, or worked out in accordance with, the HECS-HELP Benefit Guidelines.
(2) If an amount is required to be paid under section 154-1 for an *income year, the amount of the *HECS-HELP benefit for that year must not be more than the amount required to be paid for that year.
Subdivision 157-C - Determination of applications
157-20 Commissioner must determine application
(1) If a person applies for the *HECS-HELP benefit for an *income year, the *Commissioner must determine:
(a) whether the person is eligible for the benefit for the year; and
(b) if the person is eligible - the amount of the benefit, worked out in accordance with the HECS-HELP Benefit Guidelines.
Note: A determination is reviewable under Part 5-7.
(2) A determination made under subsection (1) is not a legislative instrument.
157-25 Notifying applicant of determination
The *Commissioner must notify the applicant, in writing, of his or her determination. The notice must be given within the time specified in the HECS-HELP Benefit Guidelines.
Note: Notification may also be given to a person by referring to the amount of HECS-HELP benefit in the person's notice of assessment, see subsection 154-40(2).
157-30 Review of determinations
If a determination by the *Commissioner under section 157-20 is reviewed under Part 5-7, a reference in this Part (other than this Division) to the determination includes a reference to the decision on review.