Student Assistance Act 1973

Part 4A - Financial Supplement for Tertiary Students  

Division 4 - Payments under financial supplement contract to stop in certain circumstances  

SECTION 12T   PAYMENTS TO STOP IF STUDENT IS FOUND NEVER TO HAVE BEEN ELIGIBLE FOR FINANCIAL SUPPLEMENT  

12T(1)    
If:

(a) a student is a party to a financial supplement contract with a participating corporation; and

(b) the Secretary decides that the statement contained in the notice given to a student under paragraph 12F(1)(b) that the student was an eligible student in respect of the year or the part of the year to which the contract relates was incorrect;

the Secretary must give written notice to the student and to the corporation stating that the student had never been eligible for financial supplement in respect of that year or that part of that year.

12T(2)    
If notice is so given, then, unless the decision of the Secretary under subsection (1) is set aside or varied:

(a) as from the time when the notice was given to the corporation, the corporation is discharged from liability to make further payments to the student under the contract; but

(b) if, despite paragraph (a), the corporation makes any payments to the student after that time, any amounts so paid after the end of 4 weeks after the notice was given to the corporation:

(i) are taken not to be payments of financial supplement made under the contract; and

(ii) are repayable by the student to the corporation; and

(iii) may be recovered by the corporation as a debt due to it by the student.

12T(3)    
This section has effect subject to section 12ZX .