Higher Education Support Act 2003

S 140-5(1) amended by No 36 of 2023, s 3 and Sch 1 items 29 and 30, by inserting para (eb) in step 2 of the method statement and " (eb), " in the note in step 2 of the method statement, effective 29 June 2023.

S 140-5(1) amended by No 103 of 2019, s 3 and Sch 2 item 5, by inserting " for the person " in para (b), effective 1 January 2020 and applicable in relation to the 2019-2020 financial year and each later financial year.

S 140-5(1) amended by No 55 of 2016, s 3 and Sch 3 items 2 and 3, by repealing step 4A of the method statement and omitting " Step 4A: Does not apply because Lorraine does not satisfy the eligibility requirements for the HECS-HELP benefit. " in the example, effective 1 July 2017. For application and saving provision, see note under Div 157 heading. Step 4A of the method statement formerly read:

Step 4A.

In respect of that period, subtract the amount of *HECS-HELP benefit (if any) determined, in respect of the person, by the *Commissioner under section 157-20 for an *income year, if the person did not have any *compulsory repayment amounts for that year.

S 140-5(1) amended by No 100 of 2016, s 3 and Sch 1 items 8 - 10, by substituting " provider; or " for " provider. " in para (g), inserting para (h) in step 2 of the method statement and substituting " (f), (g) or (h) " for " (f) or (g) " in the note in step 2 of the method statement, effective 1 January 2017. For transitional provision, see note under s 137-19 .

S 140-5(1) amended by No 169 of 2015, s 3 and Sch 4 items 2 - 5, by substituting " 2013 " for " 2011 " (wherever occurring), omitting " (which includes a voluntary repayment bonus of $25) " after " repayment of $525 " , substituting " 2014 " for " 2012 " (wherever occurring) and " 2012-13 " for " 2010-11 " in the example, applicable in relation to a voluntary repayment made on or after 1 January 2017, regardless of when the debt to which the repayment relates was incurred.

S 140-5(1) amended by No 112 of 2013, s 3 and Sch 1 item 21, by substituting " a *course of study " for " an *undergraduate course of study " in para (e) of step 2, method statement, effective 30 June 2013. For application provisions see note under s 121-1 .

S 140-5(1) amended by No 178 of 2011, s 3 and Sch 3 item 1, by substituting the example, applicable in relation to payments made under Division 151 of the Higher Education Support Act 2003 on or after 1 January 2012 to meet a person ' s debts to the Commonwealth under Chapter 4 of that Act. The example formerly read:

Example:

Lorraine is studying part-time for a Degree of Bachelor of Communications. On 1 June 2007 Lorraine had an accumulated HELP debt of $15,000. She incurred a HELP debt of $1,500 on 31 March 2007. She made a voluntary repayment of $550 (which includes a voluntary repayment bonus of $50) on 1 May 2008. Lorraine lodged her 2006-07 income tax return and a compulsory repayment amount of $3,000 was assessed and notified on her income tax notice of assessment on 3 September 2007.

To work out Lorraine ' s former accumulated HELP debt before indexation on 1 June 2008:

Step 1:	Take the previous accumulated HELP debt of $15,000 on 1 June 2007.
Step 2:	Add the HELP debt of $1,500 incurred on 31 March 2007.
Step 3:	Subtract the $550 voluntary repayment made on 1 May 2008.
Step 4:	Subtract the $3,000 compulsory repayment assessed on 3 September 2007.
Step 4A:	Does not apply because Lorraine does not satisfy the eligibility requirements for the HECS-HELP benefit.
Step 5 and 6:	Do not apply because since 1 June 2007 Lorraine had no amendments to any assessment.
	Lorraine ' s former accumulated HELP debt before indexation on 1 June 2008 is:
	($15,000   +   $1,500)   −   ($550   +   $3000)   =   $12,950
	If, for example, the indexation factor for 1 June 2008 were 1.050, then the former accumulated HELP debt would be:
	$12,950   ×   1.050   =   $13,597.50

S 140-5(1) amended by No 130 of 2011, s 3 and Sch 1 items 14 and 15, by inserting para (ea) in step 2 of the method statement and inserting " (ea), " after " (e), " in the note in step 2 of the method statement, effective 1 January 2012.

S 140-5(1) amended by No 43 of 2008, s 3 and Sch 1 items 2 and 3, by inserting step 4A of the method statement and inserting step 4A of the example, applicable in respect of the 2008-2009 and later income years.

S 140-5(1) amended by No 170 of 2007, s 3 and Sch 1 item 13, by substituting step 2 of the method statement, effective 1 January 2008. Step 2 of the method statement formerly read:

Step 2.

Take the HELP debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year. Group them according to whether the debts are in relation to:

(a) units undertaken with a *higher education provider that formed part of one particular *course of study with that provider; or

(b) units undertaken with a higher education provider that formed part of one particular course of study with another provider; or

(c) units that formed part of one particular *bridging course for overseas-trained professionals; or

(d) units access to which was provided by *Open Universities Australia; or

(e) *OS-HELP assistance, the entitlement to which relates to the person ' s enrolment in an *undergraduate course of study with one particular higher education provider (see paragraph 118-1(1)(c) ).

Note:

There will be more than one group of debts under paragraph (a) if the person incurred debts in relation to more than one course of study with a provider. Similarly, there could be more than one group of debts under paragraph (b), (c) or (e).

S 140-5(1) amended by No 121 of 2006, s 3 and Sch 4 items 1 and 2, by substituting steps 2, 2A and 2B for step 2 and substituting " above " for " in steps 1 and 2 " in step 3 of the method statement, applicable to the calculation of HELP debts incurred on or after 1 January 2005. Step 2 formerly read:

Step 2 ... Add the sum of all of the *HELP debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year.

S 140-5(3) repealed by No 55 of 2016, s 3 and Sch 3 item 4, effective 1 July 2017. For application and saving provision, see note under Div 157 heading. S 140-5(3) formerly read:

140-5(3)
If a determination by the *Commissioner under section 157-20 is reviewed under Part 5-7:

(a) the reference in step 4A of the method statement in subsection (1) to the determination includes a reference to the decision on review; and

(b) to the extent that the decision on review affects any step in the method statement - the decision on review must be taken into account in working out a person ' s *former accumulated HELP debt under this section.

S 140-5(3) inserted by No 43 of 2008, s 3 and Sch 1 item 4, applicable in respect of the 2008-2009 and later income years.