Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 107.10

Amount of FEE - HELP assistance for one unit

  (1)   The amount of * FEE - HELP assistance to which a student is entitled for a unit of study is an amount equal to the student's * HELP balance on the * census date for the unit if:

  (a)   there is no other:

  (i)   unit of study, with the same census date, for which the student is entitled to FEE - HELP assistance; or

  (ia)   unit of study, with the same census date, for which the student is entitled to HECS - HELP assistance; or

  (ii)   * VET unit of study, with the same census date, for which the student is entitled to * VET FEE - HELP assistance; and

  (b)   the amount of FEE - HELP assistance to which the student would be entitled under section   107 - 1 for the unit would exceed that HELP balance.

Note 1:   For transitional provisions relating to subparagraph   (a)(ia), see Part   2 of Schedule   3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .

Note 2:   The amount of a * VET student loan is limited by reference to the student's HELP balance--see sections   8 and 20 of the VET Student Loans Act 2016 . The student's HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student--see section   128 - 15.

Amount of FEE - HELP assistance for more than one unit

  (2)   If the sum of:

  (a)   the amount of * FEE - HELP assistance to which a student would be entitled under section   107 - 1 for a unit of study; and

  (b)   any other amounts of:

  (i)   FEE - HELP assistance to which the student would be entitled under that section for other units that have the same * census date as that unit; and

  (ia)   * HECS - HELP assistance to which the student would be entitled under section   93 - 1 for other units that have the same census date as that unit; and

  (ii)   * VET FEE - HELP assistance to which the student would be entitled under clause   52 of Schedule   1A for other units that have the same census date as that unit;

would exceed the student's * HELP balance on the census date for the unit, then, despite subsection   (1) of this section, the total amount of FEE - HELP assistance, HECS - HELP assistance and VET FEE - HELP assistance to which the student is entitled for all of those units is an amount equal to that HELP balance.

Example:   Kath has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath's tuition fee for each unit is $600. The total amount of FEE - HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400.

Note 1:   For transitional provisions relating to subparagraph   (b)(ia), see Part   2 of Schedule   3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .

Note 2:   The amount of a * VET student loan is limited by reference to the student's HELP balance--see sections   8 and 20 of the VET Student Loans Act 2016 . The student's HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student--see section   128 - 15.

  (3)   If the student has enrolled in the units with more than one higher education provider or * VET provider, and access to none of the units was provided by * Open Universities Australia, the student must notify each provider of the proportion of the total amount of * FEE - HELP assistance, * HECS - HELP assistance or * VET FEE - HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

  (4)   If access to some, but not all, of the units of study was provided by * Open Universities Australia, the student must:

  (a)   notify Open Universities Australia of the proportion of the total amount of * FEE - HELP assistance that is to be payable in relation to units access to which was provided by Open Universities Australia; and

  (b)   notify each higher education provider or * VET provider at which the student is enrolled in a unit, access to which was not provided by Open Universities Australia, of the proportion of the total amount of FEE - HELP assistance, * HECS - HELP assistance or * VET FEE - HELP assistance that is to be payable in relation to that unit.

Note:   Part   5 - 1 deals generally with payments by the Commonwealth under this Act.