Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020 (93 of 2020)

Schedule 4   Student protection

Part 1   Amendments commencing 1 January 2021

Division 1   Amendments

Higher Education Support Act 2003

23   At the end of Division 97

Add:

97-45 Re-crediting a person's HELP balance in relation to HECS-HELP assistance - provider completes request for assistance

(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if the provider completes any part of the *request for Commonwealth assistance in relation to the unit that the person is required to complete.

Note: A HECS-HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re-credited under this section: see subsection 137-5(5).

(2) The *Secretary may re-credit the person's *HELP balance under this section if the provider is unable to do so.

97-50 Re-crediting a person's HELP balance in relation to HECS-HELP assistance - person not entitled to assistance

(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if the provider or the Secretary is satisfied that the person was not entitled to receive HECS-HELP assistance for the unit of study with the provider.

Note 1: For example, a person is not entitled to HECS-HELP assistance for a unit of study if the person is not a Commonwealth supported student in relation to the unit: see section 90-1.

Note 2: Subdivision 36-B sets out circumstances in which a higher education provider must not advise a person that the person is a Commonwealth supported student in relation to a unit of study.

Note 3: A HECS-HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re-credited under this section: see subsection 137-5(5).

(2) The *Secretary may re-credit the person's *HELP balance under subsection (1) if the provider is unable to do so.