Higher Education Support Act 2003

Chapter 4 - Repayment of loans

PART 4-1 - INDEBTEDNESS

Division 140 - How are accumulated HELP debts worked out?

Subdivision 140-C - Accumulated HELP debts

SECTION 140-25 Working out an accumulated HELP debt

140-25(1)

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A person ' s accumulated HELP debt , for a financial year, is worked out as follows:

Former accumulated HELP debt

HELP debts incurred

−

HELP debt repayments

−

Location-preferred HELP debtor reduction

where:

former accumulated HELP debt
is the ' s *former accumulated HELP debt in relation to that *accumulated HELP debt.

HELP debt repayments
is the sum of all of the *voluntary repayments (if any) paid, on or after 1 July in the financial year and before 1 June in that year, in reduction of the *HELP debts incurred in that year.

HELP debts incurred
means the amount worked out using the method statement in subsection (1A) .

location-preferred HELP debtor reduction
means the amount by which the person ' s *accumulated HELP debt is to be reduced as a result of a determination made by the *Secretary in relation to the person under section 142-15 or 144-10 :

(a) on or after 1 June in the preceding financial year; and

(b) before 1 June in the financial year.

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very remote HELP debtor reduction
(Repealed by No 3 of 2023)

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Example:

Paula is studying part-time for a Degree of Bachelor of Science. On 1 June 2009, her former accumulated HELP debt was worked out using Subdivision 140-B to be $20,000. She incurred a HELP debt of $1,500 on 31 August 2008. No repayments have been made in the 12 months from 1 June 2008.

Paula ' s accumulated HELP debt on 1 June 2009 is worked out by taking her former accumulated HELP debt of $20,000 and adding the $1,500 HELP debt incurred on 31 August 2008. That is:

$20,000 + $1,500 = $21,500

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140-25(1A)

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For the purposes of the definition of HELP debts incurred in subsection (1) , use the following method statement: Method statement

Step 1.

Take the HELP debts (if any) that the person incurred during the first 6 months of the financial year. Group them according to whether the debts are in relation to:

(a) units undertaken with a higher education provider that formed part of one particular *course of study with that provider; or

(b) units undertaken with a higher education provider that formed part of one particular course of study with another higher education provider; or

(d) units access to which was provided by *Open Universities Australia; or

(e) *OS-HELP assistance, the entitlement to which relates to the person ' s enrolment in a *course of study with one particular higher education provider (see paragraph 118-1(1)(c) ); or

(ea) *SA-HELP assistance for *student services and amenities fees imposed on the person by one particular higher education provider; or

(eb) *STARTUP-HELP assistance for an *accelerator program course provided by one particular higher education provider; or

(f) units undertaken with a *VET provider that formed part of one particular *VET course of study with that provider; or

(g) units undertaken with a VET provider that formed part of one particular VET course of study with another VET provider; or

(h) a *VET student loan in relation to one particular course of study.

Note:

There will be more than one group of debts under paragraph (a) if the person incurred debts in relation to more than one course of study with a provider. Similarly, there could be more than one group of debts under paragraph (b), (c), (e), (ea), (eb), (f), (g) or (h).

Step 2.

Work out the total for each group of debts. If the total for a particular group is an amount consisting of a number of whole dollars and a number of cents, the total for that group is taken to be the number of whole dollars. If the total for a group is an amount of less than one dollar, the total for the group is taken to be zero.

Step 3.

If there is more than one group of debts for the person, add together the totals for all of the groups.

View history note

History

S 140-25(1A) amended by No 36 of 2023, s 3 and Sch 1 items 31 and 32, by inserting para (eb) in step 1 of the method statement and " (eb), " in the note in step 1 of the method statement , effective 29 June 2023.

S 140-25(1A) amended by No 100 of 2016, s 3 and Sch 1 items 11 - 13, by substituting " provider; or " for " provider. " in para (g), inserting para (h) in step 1 of the method statement and substituting " (f), (g) or (h) " for " (f) or (g) " in the note in step 1 of the method statement, effective 1 January 2017. For transitional provision, see note under s 137-19 .

S 140-25(1A) amended by No 112 of 2013, s 3 and Sch 1 item 22, by substituting " a *course of study " for " an *undergraduate course of study " in para (e) of step 1, method statement, effective 30 June 2013. For application provisions see note under s 121-1 .

S 140-25(1A) amended by No 130 of 2011, s 3 and Sch 1 items 16 and 17, by inserting para (ea) in step 1 of the method statement and inserting " (ea), " after " (e), " in the note in step 1 of the method statement, effective 1 January 2012.

S 140-25(1A) amended by No 170 of 2007, s 3 and Sch 1 item 14, by substituting step 1 of the method statement, effective 1 January 2008. Step 1 of the method statement formerly read:

Step 1.
Take the HELP debts (if any) that the person incurred during the first 6 months of the financial year. Group them according to whether the debts are in relation to:

(a) units undertaken with a *higher education provider that formed part of one particular *course of study with that provider; or

(b) units undertaken with a higher education provider that formed part of one particular course of study with another provider; or

(c) units that formed part of one particular *bridging course for overseas-trained professionals; or

(d) units access to which was provided by *Open Universities Australia; or

(e) *OS-HELP assistance, the entitlement to which relates to the person ' s enrolment in an *undergraduate course of study with one particular higher education provider (see paragraph 118-1(1)(c) ).

Note:

There will be more than one group of debts under paragraph (a) if the person incurred debts in relation to more than one course of study with a provider. Similarly, there could be more than one group of debts under paragraph (b), (c) or (e).

S 140-25(1A) inserted by No 121 of 2006, s 3 and Sch 4 item 4, applicable to the calculation of HELP debts incurred on or after 1 January 2005.

140-25(2)
The person incurs the *accumulated HELP debt on 1 June in the financial year.

140-25(3)
The first financial year for which a person can have an *accumulated HELP debt is the financial year starting on 1 July 2005.

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