Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-2 - HECS-HELP ASSISTANCE

Division 93 - How are amounts of HECS-HELP assistance worked out?

SECTION 93-15 Up-front payments

93-15(1)

An up-front payment , in relation to a unit of study for which a person is liable to pay his or her *student contribution amount, is a payment of all or part of the student ' s student contribution amount for the unit, other than a payment of *HECS-HELP assistance under this Part.

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93-15(2)
The payment must be made on or before the *census date for the unit.

93-15(3)
(Repealed by No 64 of 2022)

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History

S 93-15(3) (including the notes) repealed by No 64 of 2022, s 3 and Sch 4 item 8, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1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. S 93-15(3) (including the notes) formerly read:

93-15(3)
A payment made in relation to a unit of study for which a person is liable to pay the person ' s *student contribution amount is not an up-front payment in relation to the unit to the extent that:
(a) the payment; or
(b) if other such payments have already been made in relation to the unit - the sum of the payment and all of those other payments;
exceeds 90% of the person ' s *student contribution amount for the unit.

Note 1:

For when the Commonwealth pays one-ninth of the up-front payments made in relation to a unit of study, see sections 96-2 and 96-3.

Note 2:

It is a condition of grants under Part 2-2 that a higher education provider not accept, from a student who is entitled to HECS-HELP assistance for a unit of study, up-front payments in relation to the unit totalling more than 90% of a student ' s student contribution amount for the unit: see section 36-50.

S 93-15(3) inserted by No 93 of 2020, s 3 and Sch 4A item 4, 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.

Former s 93-15(3) (including the notes) repealed by No 169 of 2015, s 3 and Sch 3 item 4, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1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. S 93-15(3) (including the notes) formerly read:

93-15(3)
A payment made in respect of a person is not an up-front payment to the extent that:

(a) the payment; or

(b) if other up-front payments have already been made in respect of the person in relation to the unit-the sum of the payment and all of those other up-front payments;
exceeds 90% of the person ' s *student contribution amount for the unit.

Note 1:

The Commonwealth pays one ninth of any up front payments in respect of a student if the total amount of the up front payments, for the unit and the student ' s other units with the same census date, is 90% of the sum of his or her student contribution amounts for all of his or her units or is $500 or more: see sections 96-5 and 96-10 .

Note 2:

It is a condition of grants under Part 2-2 that a higher education provider not accept an up-front payment of more than 90% of a student ' s student contribution amount from a student who is entitled to HECS-HELP assistance: see section 36-50 .

Former s 93-15(3) amended by No 178 of 2011, s 3 and Sch 2 item 4, by substituting " 90% " for " 80% " , applicable in relation to units of study whose census dates are on or after 1 January 2012.

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