VET Student Loans Act 2016

PART 6 - RE-CREDITING HELP BALANCES

History

Pt 6 heading substituted by No 76 of 2018, s 3 and Sch 3 item 131, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 145 and 146 contains the following transitional provisions:

…
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.

…

Pt 6 heading formerly read:

PART 6 - RE-CREDITING FEE HELP BALANCES

Division 2 - Re-crediting by course provider

SECTION 68 SPECIAL CIRCUMSTANCES

68(1)

View history reference

The course provider must, on the Secretary ' s behalf, re-credit a student ' s HELP balance if:

(a) the student applies to the provider in writing for the re-credit; and

(b) the application is made within 12 months after the census day for the course, or the part of the course; and

(c) the provider is satisfied that special circumstances prevented, or will prevent, the student from completing the requirements for the course, or the part of the course.

View history note

68(2)
The course provider may extend the period for making the application mentioned in paragraph (1)(b).

68(3)
Circumstances are special circumstances if they:

(a) are beyond the student ' s control; and

(b) do not make their full impact on the student until on or after the census day for the course, or the part of the course; and

(c) make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student ' s enrolment in the course, or the part of the course.

68(4)
The amount re-credited must equal the amount of the VET student loan that has been used to pay tuition fees for the student for the course, or the part of a course.

68(5)
The course provider must, as soon as practicable:

(a) consider an application for a student ' s HELP balance to be re-credited under this section; and

View history reference

(b) notify the student of the provider ' s decision on the application.

The notice must include a statement of the reasons for the decision.

View history note

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