Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 137.5

Incurring HECS - HELP debts

  (1)   A person incurs a debt to the Commonwealth if, under section   96 - 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 * student contribution amount for a unit of study.

The debt is a HECS - HELP debt .

  (2)   The amount of the * HECS - HELP debt is the amount of the loan.

When HECS - HELP debts are incurred

  (3)   A * HECS - 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 * student contribution amount for the unit.

Remission of HECS - HELP debts

  (4)   A person's * HECS - HELP debt in relation to a unit of study is taken to be remitted if section   36 - 20, 36 - 24A, 36 - 24B, 36 - 24BB or 36 - 24BC applies to the person (even if subsection   36 - 20(3), 36 - 24BB(3) or 36 - 24BC(3) applies to the provider in relation to the person).

  (5)   A person's * HECS - HELP debt in relation to a unit of study is taken to be remitted if the person's * HELP balance is re - credited under Division   97 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.