Education Legislation Amendment (2021 Measures No. 2) Act 2021 (55 of 2021)

Schedule 1   Higher education support amendments

Part 2   HECS-HELP re-crediting and repayment provisions

Higher Education Support Act 2003

7   Before section 36-24C

Insert:

36-24BB Providers to repay amounts - provider completes request for assistance

(1) This section applies to a person if the person's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study under section 97-45.

Note: The person's HECS-HELP debt relating to the unit is taken to be remitted if the person's HELP balance is re-credited in relation to the unit under section 97-45: see section 137-5.

(2) The higher education provider must:

(a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *student contribution amount for the unit; and

(b) pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.

(3) Subsection (2) does not apply to the provider if:

(a) the person enrolled in the unit as a *replacement unit; or

(b) it is determined that section 36-24A applies to the person in relation to the unit.

(4) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:

(a) the amount (if any) that is to be paid to the person; and

(b) the amount (if any) that is to be paid to the Commonwealth; and

(c) the person (if any) who is to pay the amounts.

36-24BC Providers to repay amounts - person not entitled to assistance

(1) This section applies to a person if the person's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study under section 97-50.

Note: The person's HECS-HELP debt relating to the unit is taken to be remitted if the person's HELP balance is re-credited in relation to the unit under section 97-50: see section 137-5.

(2) The higher education provider must:

(a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *student contribution amount for the unit; and

(b) pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.

(3) Subsection (2) does not apply to the provider if:

(a) the person enrolled in the unit as a *replacement unit; or

(b) it is determined that section 36-24A applies to the person in relation to the unit.

(4) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:

(a) the amount (if any) that is to be paid to the person; and

(b) the amount (if any) that is to be paid to the Commonwealth; and

(c) the person (if any) who is to pay the amounts.