PART 6
-
RE-CREDITING HELP BALANCES
History
Pt 6 heading substituted by No 76 of 2018, s 3 and Sch 3 item 131, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 145 and 146 contains the following transitional provisions:
…
145 Transitional
-
re-credited amounts
145
If, before 1 January 2020, an amount was re-credited to a person
'
s FEE-HELP balance under:
(a)
Subdivision
104-B
of the
Higher Education Support Act 2003
; or
(b)
Subdivision
7-B
of Schedule
1A
to that Act; or
(c)
Part
6
of the
VET Student Loans Act 2016
;
section
128-15
of the
Higher Education Support Act 2003
(as amended by this Schedule) has effect as if the amount had been re-credited to the person
'
s HELP balance immediately after the start of 1 January 2020.
146 Transitional
-
pending decisions about re-credited amounts
146
If:
(a)
an application for the re-crediting of an amount to a person
'
s FEE-HELP balance was made before 1 January 2020; and
(b)
the application was made under:
(i)
section
104-25
of the
Higher Education Support Act 2003
; or
(ii)
clause
46
of Schedule
1A
to that Act; or
(iii)
section
72
of the
VET Student Loans Act 2016
; and
(c)
no decision was made on the application before the commencement of this item;
the application has effect, after the start of 1 January 2020, as if it were an application for the re-crediting of the amount to the person
'
s HELP balance.
…
Pt 6 heading formerly read:
PART 6
-
RE-CREDITING FEE HELP BALANCES
Division 2
-
Re-crediting by course provider
SECTION 68
SPECIAL CIRCUMSTANCES
68(1)
The course provider must, on the Secretary
'
s behalf, re-credit a student
'
s HELP balance if:
(a)
the student applies to the provider in writing for the re-credit; and
(b)
the application is made within 12 months after the census day for the course, or the part of the course; and
(c)
the provider is satisfied that special circumstances prevented, or will prevent, the student from completing the requirements for the course, or the part of the course.
History
S 68(1) amended by No 76 of 2018, s 3 and Sch 3 item 133, by substituting
"
HELP balance
"
for
"
FEE-HELP balance
"
, effective 1 January 2020. For transitional provisions, see note under Part
6
heading.
68(2)
The course provider may extend the period for making the application mentioned in paragraph (1)(b).
68(3)
Circumstances are
special circumstances
if they:
(a)
are beyond the student
'
s control; and
(b)
do not make their full impact on the student until on or after the census day for the course, or the part of the course; and
(c)
make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student
'
s enrolment in the course, or the part of the course.
68(4)
The amount re-credited must equal the amount of the VET student loan that has been used to pay tuition fees for the student for the course, or the part of a course.
68(5)
The course provider must, as soon as practicable:
(a)
consider an application for a student
'
s HELP balance to be re-credited under this section; and
(b)
notify the student of the provider
'
s decision on the application.
The notice must include a statement of the reasons for the decision.
History
S 68(5) amended by No 76 of 2018, s 3 and Sch 3 item 134, by substituting
"
HELP balance
"
for
"
FEE-HELP balance
"
in para (a), effective 1 January 2020. For transitional provisions, see note under Part
6
heading.