Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 * FEE - HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider * defaulted in relation to the person; and
(c) Part 5 - 1A applied to the provider at the time the provider defaulted in relation to the person; and
(d) any of the following apply:
(i) the provider identifies, under paragraph 166 - 25(4)(b), that there is no suitable * replacement unit or * replacement course for the person;
(ii) the person elects, under subparagraph 166 - 25(7)(a)(iii), to have an amount equal to the amounts of FEE - HELP assistance that the person received for the unit re - credited to the student's HELP balance;
(iii) the * Higher Education Tuition Protection Director decides, under paragraph 166 - 26B(2)(b), that the Director is not satisfied that there is a suitable replacement course for the person;
(iv) the person elects, under subparagraph 166 - 26B(4)(a)(iii), to have an amount equal to the amounts of FEE - HELP assistance that the person received for the unit re - credited to the student's HELP balance.
Note: A FEE - HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re - credited: see subsection 137 - 10(4).
(2) The * Secretary may re - credit the person's * HELP balance under subsection (1) if the Secretary is satisfied that the provider has failed to do so within a reasonable period.