Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-2 - HECS-HELP ASSISTANCE

Division 97 - Re-crediting of HELP balances in relation to HECS-HELP assistance

History

Div 97 inserted by No 76 of 2018, s 3 and Sch 3 item 6, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 144 - 147 contains the following application and transitional provisions:

Part 2 - Application and transitional provisions
144 Application - HELP balance provisions
(1)
For the purposes of this item, HELP balance provisions means the following provisions of the Higher Education Support Act 2003 (as amended by this Schedule):

(a) paragraph 90-1(ba) ;

(b) section 93-20 so far as that section relates to an amount of HECS-HELP assistance to which a student is or would be entitled for a unit of study;

(c) subparagraph 128-15(1)(a)(i) ;

(d) Division 97 ;

(e) subparagraph 107-10(1)(a)(ia) ;

(f) subparagraph 107-10(2)(b)(ia) ;

(g) subparagraph 54(1)(a)(ia) of Schedule 1A ;

(h) subparagraph 54(2)(b)(ia) of Schedule 1A .

(2)
The HELP balance provisions apply in relation to a unit of study in which a student was or is enrolled with a higher education provider as part of a course of study if the census date for the unit is on or after 1 January 2020.
145 Transitional - re-credited amounts
145
If, before 1 January 2020, an amount was re-credited to a person ' s FEE-HELP balance under:

(a) Subdivision 104-B of the Higher Education Support Act 2003 ; or

(b) Subdivision 7-B of Schedule 1A to that Act; or

(c) Part 6 of the VET Student Loans Act 2016 ;
section 128-15 of the Higher Education Support Act 2003 (as amended by this Schedule) has effect as if the amount had been re-credited to the person ' s HELP balance immediately after the start of 1 January 2020.
146 Transitional - pending decisions about re-credited amounts
146
If:

(a) an application for the re-crediting of an amount to a person ' s FEE-HELP balance was made before 1 January 2020; and

(b) the application was made under:

(i) section 104-25 of the Higher Education Support Act 2003 ; or

(ii) clause 46 of Schedule 1A to that Act; or

(iii) section 72 of the VET Student Loans Act 2016 ; and

(c) no decision was made on the application before the commencement of this item;
the application has effect, after the start of 1 January 2020, as if it were an application for the re-crediting of the amount to the person ' s HELP balance.
147 Transitional - indexation
147
Despite anything in subsection 198-10(1) of the Higher Education Support Act 2003 , the HELP loan limit is not to be indexed on 1 January 2020.

]

SECTION 97-35 Application period

View history reference

97-35(1)
If:

(a) the person applying under paragraph 97-25(2)(d) for the re-crediting of the person ' s *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and

(b) the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

97-35(2)
If subsection (1) does not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.

View history note

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