Higher Education Support Amendment (2008 Budget Measures) Act 2008 (43 of 2008)

Schedule 1   HECS-HELP benefit

Higher Education Support Act 2003

13   At the end of Part 4-2

Add:

Division 157 - HECS-HELP benefit

Subdivision 157-A - Who is eligible for the HECS-HELP benefit?

157-1 Application for the HECS-HELP benefit

A person may apply to the *Commissioner for the *HECS-HELP benefit in respect of an *income year if:

(a) the HECS-HELP Benefit Guidelines set out eligibility requirements for the HECS-HELP benefit; and

(b) the person satisfies those eligibility requirements.

157-5 Form of application

An application for the *HECS-HELP benefit must:

(a) be in writing; and

(b) be in the form required by the HECS-HELP Benefit Guidelines; and

(c) provide all the information, and be accompanied by any documents, required by the HECS-HELP Benefit Guidelines.

157-10 Providing application to Commissioner

An application must be made in the manner, and within the time, specified in the HECS-HELP Benefit Guidelines.

Subdivision 157-B - What is the amount of the HECS-HELP benefit?

157-15 Amount of HECS-HELP benefit

(1) The amount of the *HECS-HELP benefit for an *income year is the amount specified in, or worked out in accordance with, the HECS-HELP Benefit Guidelines.

(2) If an amount is required to be paid under section 154-1 for an *income year, the amount of the *HECS-HELP benefit for that year must not be more than the amount required to be paid for that year.

Subdivision 157-C - Determination of applications

157-20 Commissioner must determine application

(1) If a person applies for the *HECS-HELP benefit for an *income year, the *Commissioner must determine:

(a) whether the person is eligible for the benefit for the year; and

(b) if the person is eligible - the amount of the benefit, worked out in accordance with the HECS-HELP Benefit Guidelines.

Note: A determination is reviewable under Part 5-7.

(2) A determination made under subsection (1) is not a legislative instrument.

157-25 Notifying applicant of determination

The *Commissioner must notify the applicant, in writing, of his or her determination. The notice must be given within the time specified in the HECS-HELP Benefit Guidelines.

Note: Notification may also be given to a person by referring to the amount of HECS-HELP benefit in the person's notice of assessment, see subsection 154-40(2).

157-30 Review of determinations

If a determination by the *Commissioner under section 157-20 is reviewed under Part 5-7, a reference in this Part (other than this Division) to the determination includes a reference to the decision on review.