Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 (76 of 2018)
Schedule 3 HELP loan limits etc.
Part 1 Amendments
Higher Education Support Act 2003
6 At the end of Part 3-2
Add:
Division 97 - Re-crediting of HELP balances in relation to HECS-HELP assistance
97-23 Purpose
The purpose of this Division is to set out the circumstances in which a person's *HELP balance is to be re-credited with an amount equal to the amounts of *HECS-HELP assistance that the person has received for a unit of study.
Note: For transitional provisions relating to this Division, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.
97-25 Main case of re-crediting a person's HELP balance in relation to HECS-HELP assistance
(1) If section 97-42 applies to re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.
(2) A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
(c) the provider is satisfied that special circumstances apply to the person (see section 97-30); and
(d) the person applies in writing to the provider for re-crediting of the HELP balance; and
(e) either:
(i) the application is made before the end of the application period under section 97-35; or
(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
(3) If the higher education provider is unable to act for one or more of the purposes of subsection (2), or section 97-30, 97-35 or 97-40, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.
97-27 Re-crediting a person's HELP balance in relation to HECS-HELP assistance - no tax file number
(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) subsection 193-5(1) applies to the person in relation to the unit.
(2) The *Secretary may re-credit the person's *HELP balance under subsection (1) if the provider is unable to do so.
97-30 Special circumstances
(1) For the purposes of paragraph 97-25(2)(c), special circumstances apply to the person if, and only if, the higher education provider receiving the application is satisfied that circumstances apply to the person that:
(a) are beyond the person's control; and
(b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and
(c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.
(2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36-21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.
Note: The matters referred to in paragraphs 36-21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS-HELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.
97-35 Application period
(1) If:
(a) the person applying under paragraph 97-25(2)(d) for the re-crediting of the person's *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and
(b) the higher education provider gives notice to the person that the withdrawal has taken effect;
the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.
(2) If subsection (1) does not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.
97-40 Dealing with applications
(1) If:
(a) the application is made under paragraph 97-25(2)(d) before the end of the relevant application period; or
(b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;
the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.
(2) The notice must include a statement of the reasons for the decision.
Note: Refusals of applications are reviewable under Part 5-7.
97-42 Re-crediting a person's HELP balance in relation to HECS-HELP assistance - provider ceases to provide course of which unit forms part
(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and
(c) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
(d) the person chose the option designated under the tuition assurance requirements as student contribution/tuition fee repayment in relation to the unit.
Note: A HECS-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see subsection 137-5(5).
(2) The *Secretary may re-credit the person's *HELP balance under subsection (1) if the provider is unable to do so.