Higher Education Legislation Amendment (2005 Measures No. 1) Act 2005 (56 of 2005)

Schedule 2   Amendments relating to assistance to students

Part 1   Amendments

Higher Education Support Act 2003

11   At the end of Subdivision 104-B

Add:

104-42 Re-crediting a person's FEE-HELP balance if provider is unable to provide unit

A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-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 be able to provide the unit; and

(c) the *tuition assurance requirements applied to the provider at the time the provider ceased to be able to provide the unit.

Note: A FEE-HELP debt relating to a unit of study will be remitted if the FEE-HELP balance in relation to the unit is re-credited: see subsection 137-10(4).