Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-3 - FEE-HELP ASSISTANCE  

Division 104 - Who is entitled to FEE-HELP assistance?  

Subdivision 104-B - Re-crediting HELP balances in relation to FEE-HELP assistance  

SECTION 104-30   Special circumstances  

104-30(1)    

For the purposes of paragraph 104-25(1)(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.

104-30(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.

104-30(3)    

For the purposes of paragraph 104-25(2)(c) , special circumstances apply to the person if and only if *Open Universities Australia 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.