Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 2 - VET FEE-HELP assistance  

Division 7 - Who is entitled to VET FEE-HELP assistance  

Subdivision 7-A - Basic rules  

SECTION 45D   Notional VET FEE-HELP accounts  

45D(1)    
There is a notional VET FEE-HELP account for each *VET provider.

Note 1:

The VET provider will need to monitor the balance of its account, as it will have to repay an amount to the Commonwealth if the account is in deficit at the end of 2016 or a later year.

Note 2:

This account applies in relation to all students entitled to VET FEE-HELP assistance for VET units of study with census dates on or after 1 January 2016 (whether or not the student received VET FEE-HELP assistance for earlier units before that day). See subclause (7).

Credits to the VET provider ' s VET FEE-HELP account

45D(2)    
A credit arises in the *VET provider ' s *VET FEE-HELP account as follows:

(a) if the VET provider is already a VET provider on 1 January 2015, a credit arises on the first day of each later calendar year that is equal to the amount worked out under subclause (3);

(b) if the VET provider becomes a VET provider during 2015, a credit arises on the first day of each later calendar year that is equal to the amount worked out under subclause (4);

(c) if the VET provider becomes a VET provider on a day after 2015, a credit arises on that day that is equal to the amount worked out under subclause (5);

(d) if the VET provider pays on a particular day any part of any amount that becomes due under subclause 45E(2) , a credit arises on that day that is equal to the amount of that payment;

(e) if another body ceases to be a VET provider, a credit may arise:

(i) in accordance with a determination under subclause (6) at the time of the cessation; and

(ii) that is equal to the amount worked out under that determination;

(f) if the *Secretary, on application by the VET provider, is satisfied on a particular day that:

(i) the VET provider is offering a VET course of study that confers skills in an identified area of national importance; and

(ii) the course is relevant for employment in a licensed occupation; and

(iii) one or more students are unable to readily access training places in courses of this kind with any other VET provider; and

(iv) insufficient credits have arisen in the VET provider ' s VET FEE-HELP account for an appropriate number of students to undertake the course with the VET provider; and

(v) granting an extra credit of a particular amount is appropriate (which need not be the amount specified in the application);

the Secretary may grant a credit, which arises on that day, that is equal to the amount considered appropriate under subparagraph (v).

45D(3)    
For the purposes of paragraph (2)(a), the amount to be credited is the amount equal to:

3 2

×   VET provider ' s adjusted 2015 total loan amount

where:

VET provider ' s adjusted 2015 total loan amount
means the sum of the amounts of *VET FEE-HELP assistance paid for students undertaking, with the *VET provider, *VET units of study that had *census dates during the period starting on 1 January 2015 and ending on 31 August 2015.

45D(4)    
For the purposes of paragraph (2)(b), the amount to be credited is the amount equal to the sum of:

(a) the *VET provider ' s fee revenue for the period:

(i) starting on 1 January 2015; and

(ii) ending on the day before the VET provider was approved as a VET provider;

for *domestic students undertaking *qualifying VET courses in that period; and

(b) the sum of the amounts of *VET FEE-HELP assistance paid for students undertaking, with the VET provider, *VET units of study that had *census dates during 2015.

45D(5)    
For the purposes of paragraph (2)(c), the amount to be credited is the amount equal to the *VET provider ' s fee revenue for the 2015 calendar year for *domestic students undertaking in that year the *qualifying VET courses that enabled paragraph 6(1)(ca) or (1A)(da) to be satisfied for the purposes of the VET provider ' s approval as a VET provider.

45D(6)    
The Minister may, by legislative instrument, determine:

(a) whether credits arise in the *VET FEE-HELP accounts of specified *VET providers when another body ceases to be a VET provider; and

(b) the amounts of such credits.

Debits to the VET FEE-HELP account

45D(7)    
A debit arises in the *VET provider ' s *VET FEE-HELP account if a student is entitled to *VET FEE-HELP assistance for a *VET unit of study:

(a) that is to be undertaken with the VET provider; and

(b) that has a *census date on or after 1 January 2016.

The debit arises at the end of that census date, and is equal to the amount of that assistance.