Higher Education Support Act 2003

Chapter 4 - Repayment of loans

PART 4-1 - INDEBTEDNESS

Division 137 - How do HELP debts arise?

SECTION 137-10 FEE-HELP debts
Incurring FEE-HELP debts

137-10(1)
A person incurs a debt to the Commonwealth if, under section 110-1 , the Commonwealth:

(a) makes a loan to the person; and

(b) uses the amount lent to make a payment in discharge of the person ' s liability to pay his or her *tuition fee for a unit of study.

The debt is a FEE-HELP debt.

137-10(2)

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The amount of the *FEE-HELP debt is:

(a)

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if the loan relates to *FEE-HELP assistance for a unit of study provided by a Table B provider - the amount of the loan; or

(b)

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if paragraph (a) does not apply and the loan relates to FEE-HELP assistance for a unit of study that forms part of an *undergraduate course of study:

(i) for a unit of study with a *census date between 1 April 2020 and 31 December 2022 - the amount of the loan; or

(ia) for a unit of study with a census date on or after 1 January 2023 - an amount equal to 120% of the loan; or

(ii) otherwise - an amount equal to 125% of the loan; or

(c) if neither paragraph (a) nor (b) applies - the amount of the loan.

View history note

History

S 137-10(2) amended by No 64 of 2022, s 3 and Sch 2 items 1 and 2, by substituting " 31 December 2022 " for " 31 December 2021 " in para (b)(i) and " 1 January 2023 " for " 1 January 2022 " in para (b)(ia), effective 1 January 2022.

S 137-10(2) amended by No 51 of 2021, s 3 and Sch 1 items 1 and 2, by substituting " 31 December 2021 " for " 30 June 2021 " in para (b)(i) and " 1 January 2022 " for " 1 July 2021 " in para (b)(ia), effective 24 June 2021.

S 137-10(2) amended by No 93 of 2020, s 3 and Sch 5 items 9A and 9B, by substituting " 30 June 2021 " for " 30 September 2020 " in para (b)(i) and inserting para (b)(ia), effective 28 October 2020.

S 137-10(2) amended by No 62 of 2020, s 3 and Sch 4 item 1, by substituting para (b), effective 19 June 2020. Para (b) formerly read:

(b) if paragraph (a) does not apply and the loan relates to *FEE-HELP assistance that forms part of an *undergraduate course of study - an amount equal to 125% of the loan; or

S 137-10(2) substituted by No 76 of 2018 (as amended by No 103 of 2019), s 3 and Sch 4 item 1, applicable in relation to a unit of study if the census date for the unit is on or after 1 January 2019. S 137-10(2) formerly read:

137-10(2)
The amount of the *FEE-HELP debt is:

(a) if the loan relates to *FEE-HELP assistance for a unit of study that forms part of an *undergraduate course of study - an amount equal to 125% of the loan; or

(b) if paragraph (a) does not apply - the amount of the loan.

S 137-10(2) amended by No 132 of 2010, s 3 and Sch 1 item 1, by substituting " 125% " for " 120% " in para (a), applicable to FEE-HELP debts incurred on or after 1 January 2011 in relation to units of study whose census dates are on or after 1 January 2011.

When FEE-HELP debts are incurred

137-10(3)
A *FEE-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person ' s *tuition fee for the unit.

Remission of FEE-HELP debts

137-10(4)

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A person ' s *FEE-HELP debt in relation to a unit of study is taken to be remitted if the person ' s *HELP balance is re-credited under section 104-25 , 104-27 , 104-42 , 104-43 or 104-44 in relation to the unit.

Note:

The debt is taken to be remitted even if the person ' s HELP balance is not increased by an amount equal to the amount re-credited.

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