Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020 (93 of 2020)

Schedule 4   Student protection

Part 1   Amendments commencing 1 January 2021

Division 1   Amendments

Higher Education Support Act 2003

22   At the end of Division 96

Add:

96-5 Effect of HELP balance being re-credited

(1) If, under Division 97, a person's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount of HECS-HELP assistance to which the person was entitled for the unit.

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

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

(a) the person's *HELP balance was re-credited under subsection 97-25(2) (which deals with the 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 *tuition protection requirements.

(3) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to the re-crediting of a person's *HELP balance in circumstances to which subsection (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 amount.

96-10 Implications for student's liability to higher education provider for student contribution amount

If, under Division 97, a student's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study, the student is discharged from all liability to pay or account for so much of the student's *student contribution amount for the unit as is equal to that amount.