Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-1 - STUDENT LEARNING ENTITLEMENT

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Division 79 - Re-crediting a person ' s SLE amount

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Subdivision 79-B - Re-crediting a person ' s SLE amount if the person ' s HELP balance is re-credited

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SECTION 79-20 Re-crediting a person ' s SLE amount if the person ' s HELP balance is re-credited

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79-20(1)
A higher education provider must, on the *Secretary ' s behalf, re-credit a person ' s *SLE amount at a particular time with an amount equal to the *EFTSL value of a unit of study if the person ' s *HELP balance is re-credited under any of the following provisions with an amount equal to the amount of *HECS-HELP assistance that the person received for the unit of study:

(a) subsection 97-25(2) (which deals with the main case of re-crediting a person ' s HELP balance);

(b) subsection 97-27(1) (which deals with the re-crediting of a person ' s HELP balance if the person does not have a tax file number);

(c) subsection 97-42(1) (which deals with the re-crediting of a person ' s HELP balance if a higher education provider defaults);

(d) subsection 97-45(1) (which deals with the re-crediting of a person ' s HELP balance if a higher education provider completes a *request for Commonwealth assistance);

(e) subsection 97-50(1) (which deals with the re-crediting of a person ' s HELP balance if the person was not entitled to assistance).

79-20(2)

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If a higher education provider re-credits a person ' s *SLE amount at a particular time under subsection (1) , the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary ' s behalf, re-credit any one or more of the following amounts to take account of the re-credit under that subsection:

(a) an amount of *ordinary SLE (if any) that the person has at that time;

(b) an amount of *additional SLE (if any) that the person has at that time;

(c) an amount of *lifelong SLE (if any) that the person has at that time.

79-20(3)
If a higher education provider is unable to act for the purposes of subsection (1) or (2) , the *Secretary may act as if any one or more of the references in that subsection to the provider were a reference to the Secretary.

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History

S 79-20 inserted by No 93 of 2020, s 3 and Sch 4B item 6, applicable in relation to a unit of study that has a census date that is on or after 1 January 2022 (whether the unit of study is part of a course of study commenced before, on or after that day).

Former s 79-20 repealed by No 104 of 2011, s 3 and Sch 2 item 14, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 3-10 . S 79-20 formerly read:

SECTION 79-20 Re-crediting a person's SLE if provider ceases to provide course of which unit forms part
79-20(1)
A higher education provider must, on the *Secretary's behalf, re-credit a person's *SLE with an amount equal to the *EFTSL value of a unit of study if:

(a) the person has been enrolled in the unit as part of a *course of study 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 provide the unit as a result of ceasing to provide the course of which the unit formed part; and

(ba) the unit does not wholly consist of *work experience in industry; 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.
Note:

A HECS-HELP debt relating to a unit of study will be remitted if the SLE in relation to the unit is re-credited: see subsection 137-5(4). In addition, it is a condition of the higher education provider's funding under Part 2-2 that payments for the unit must be repaid: see section 36-20.

79-20(2)
The *Secretary may re-credit the person's *SLE under subsection (1) if the provider is unable to do so.

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