Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 137.10

Incurring FEE - HELP debts

  (1)   A person incurs a debt to the Commonwealth if, under section   110 - 1, the Commonwealth:

  (a)   makes a loan to the person; and

  (b)   uses the amount lent to make a payment in discharge of the person's liability to pay his or her * tuition fee for a unit of study.

The debt is a FEE - HELP debt .

  (2)   The amount of the * FEE - HELP debt is:

  (a)   if the loan relates to * FEE - HELP assistance for a unit of study provided by a Table B provider--the amount of the loan; or

  (b)   if paragraph   (a) does not apply and the loan relates to FEE - HELP assistance for a unit of study that forms part of an * undergraduate course of study:

  (i)   for a unit of study with a * census date between 1   April 2020 and 31   December 2022--the amount of the loan; or

  (ia)   for a unit of study with a census date on or after 1   January 2023--an amount equal to 120% of the loan; or

  (ii)   otherwise--an amount equal to 125% of the loan; or

  (c)   if neither paragraph   (a) nor (b) applies--the amount of the loan.

When FEE - HELP debts are incurred

  (3)   A * FEE - HELP debt is taken to have been incurred by a person immediately after the * census date for the unit, whether or not the Commonwealth has made a payment in respect of the person's * tuition fee for the unit.

Remission of FEE - HELP debts

  (4)   A person's * FEE - HELP debt in relation to a unit of study is taken to be remitted if the person's * HELP balance is re - credited under section   104 - 25, 104 - 27, 104 - 42, 104 - 43 or 104 - 44 in relation to the unit.

Note:   The debt is taken to be remitted even if the person's HELP balance is not increased by an amount equal to the amount re - credited.