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

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SECTION 104-42 Re-crediting a person ' s HELP balance if provider defaults or person elects re-crediting

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104-42(1)
A higher education provider must, on the *Secretary ' s behalf, re-credit a person ' s *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)

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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 *defaulted in relation to the person; and

(c)

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Part 5-1A applied to the provider at the time the provider defaulted in relation to the person; and

(d)

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any of the following apply:

(i) the provider identifies, under paragraph 166-25(4)(b) , that there is no suitable *replacement unit or *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(7)(a)(iii) , to have an amount equal to the amounts of FEE-HELP assistance that the person received for the unit re-credited to the student ' s HELP balance;

(iii) the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b) , that the Director is not satisfied that there is a suitable replacement course for the person;

(iv) the person elects, under subparagraph 166-26B(4)(a)(iii) , to have an amount equal to the amounts of FEE-HELP assistance that the person received for the unit re-credited to the student ' s HELP balance.

Note:

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

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History

S 104-42(1) amended by No 101 of 2020, s 3 and Sch 2 item 84, by substituting para (d), applicable in relation to provider defaults that occur on or after 1 January 2021. Para (d) formerly read:

(d) either of the following apply:

(i) the *HELP Tuition Protection Director decides, under paragraph 166-25(1)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(3)(a)(iii), to have an amount equal to the amounts of *FEE-HELP assistance that the person received for the unit *re-credited to the person ' s HELP balance.

S 104-42(1) amended by No 111 of 2019, s 3 and Sch 2 item 11, by substituting para (c) to (d), effective 1 January 2020. For application and transitional provisions, see note under s 16-25 . Para (c) to (d) formerly read:

(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 provide the unit as a result of ceasing to provide the course of which the unit formed part; and

(c) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and

(d) the person chose the option designated under the tuition assurance requirements as student contribution/tuition fee repayment in relation to the unit.

S 104-42(1) amended by No 76 of 2018, s 3 and Sch 3 items 24 and 25, by substituting " *HELP balance " for " *FEE-HELP balance " and " HELP balance " for " FEE-HELP balance " in the note, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

104-42(2)

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The *Secretary may re-credit the person ' s *HELP balance under subsection (1) if the Secretary is satisfied that the provider has failed to do so within a reasonable period.

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