Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-2 - HECS-HELP ASSISTANCE

Division 90 - Who is entitled to HECS-HELP assistance?

SECTION 90-1

90-1 Entitlement to HECS-HELP assistance

A student is entitled to *HECS-HELP assistance for a unit of study in which the student is enrolled with a higher education provider as part of a *course of study if:

(aa)

View history reference

the course of study is an *accredited course in relation to the provider; and

(a) the student meets the citizenship or residency requirements under section 90-5 ; and

(b) the *census date for the unit is on or after 1 January 2005; and

(ba)

View history reference

the student ' s *HELP balance is greater than zero; and

(c) the student is a *Commonwealth supported student in relation to the unit; and

(d) (Repealed by No 104 of 2011)

(e) the student:

(i) enrolled in the unit on or before the census date for the unit; and

(ii) at the end of the census date, remained so enrolled; and

(f)

View history reference

the student *meets the tax file number requirements (see section 187-1 ); and

(g)

View history reference

the student has, on or before the census date, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study.

Note:

For transitional provisions relating to paragraph (ba), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .

View history note

History

S 90-1 amended by No 64 of 2022, s 3 and Sch 4 item 6, by substituting para (f), applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2023. Para (f) formerly read:

(f) the student either:

(i) *meets the tax file number requirements (see section 187-1 ); or

(ii) pays, as one or more *up-front payments in relation to the unit, 90% of the student ' s *student contribution amount for the unit; and

S 90-1 amended by No 93 of 2020, s 3 and Sch 4A item 2, by substituting para (f), applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2021. Para (f) formerly read:

(f) the student *meets the tax file number requirements (see section 187-1); and

S 90-1 amended by No 93 of 2020, s 3 and Sch 4 item 20, by substituting " A student " for " Subject to section 90-10, a student " , effective 1 January 2021.

S 90-1 amended by No 76 of 2018, s 3 and Sch 3 items 2 and 3, by inserting para (ba) and the note, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 90-1 amended by No 169 of 2015, s 3 and Sch 3 item 2, by substituting para (f), applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2017. Para (f) formerly read:

(f) the student either:

(i) *meets the tax file number requirements (see section 187-1 ); or

(ii) pays, as one or more *up-front payments in relation to the unit, 90% of his or her *student contribution amount for the unit; and

S 90-1 amended by No 74 of 2011, s 3 and Sch 2 item 17, by inserting para (aa), applicable in relation to an enrolment in a unit of study if the enrolment commences on or after 29 January 2012.

S 90-1 amended by No 178 of 2011, s 3 and Sch 4 item 2, by substituting " Subject to section 90-10, a " for " A " , applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 36-15(1A) .

S 90-1 amended by No 178 of 2011, s 3 and Sch 2 item 3, by substituting " 90% " for " 80% " in para (f)(ii), applicable in relation to units of study whose census dates are on or after 1 January 2012.

S 90-1 amended by No 104 of 2011, s 3 and Sch 2 item 15, by omitting para (d), 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 . Para (a) formerly read:

(d) either:

(i) at the time of enrolment, the unit was *covered by the student ' s *Student Learning Entitlement; or

(ii) the unit wholly consists of *work experience in industry; and

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.