Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 128.15

  (1)   A person's HELP balance at a particular time is:

  (a)   if the * HELP loan limit in relation to the person at the time exceeds the sum of all of the amounts of:

  (i)   * HECS - HELP assistance that has previously been payable for the person; and

  (ii)   * FEE - HELP assistance that has previously been payable for the person; and

  (iii)   * VET FEE - HELP assistance that has previously been payable for the person; and

  (iv)   * VET student loans that have previously been payable for the person;

    being that sum as reduced by any amounts previously re - credited to the person's HELP balance under Division   97 of this Act, Subdivision   104 - B of this Act, section   128 - 25 of this Act, Subdivision   7 - B of Schedule   1A to this Act or Part   6 of the VET Student Loans Act 2016 --that excess; and

  (b)   otherwise--zero.

Note 1:   If an amount is to be re - credited to a HELP balance, the balance that is to be re - credited is worked out immediately before that re - crediting. The balance is worked out after the re - crediting by taking account of the amount re - credited. If a person's HELP loan limit has been reduced, the balance might not increase, or might not increase by the same amount as the amount re - credited.

Note 2:   For transitional provisions relating to this section, see Part   2 of Schedule   3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 . Those transitional provisions mean that subparagraph   (1)(a)(i) does not apply in relation to a unit of study if the census date for the unit is before 1   January 2020.

  (1A)   For the purposes of subparagraphs   (1)(a)(i), (ii) and (iii), an amount of * HECS - HELP assistance, * FEE - HELP assistance or * VET FEE - HELP assistance is taken to have been payable for a person immediately after the * census date for the unit to which the assistance relates (whether or not the amount has been paid at that time).

  (1B)   For the purposes of subparagraph   (1)(a)(iv), an amount of a * VET student loan is taken to have been payable for a person immediately after the * census day for the course or a part of the course to which the loan amount relates (whether or not the amount has been paid at that time).

  (2)   For the purposes of subparagraphs   (1)(a)(i), (ii), (iii) and (iv), it is immaterial whether amounts of * HECS - HELP assistance, * FEE - HELP assistance, * VET FEE - HELP assistance and * VET student loans have been repaid.

  (3)   Subsection   (2) is enacted for the avoidance of doubt.