Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 93.20

Amount of HECS - HELP assistance for one unit

  (1)   The amount of * HECS - 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 * HECS - HELP assistance; or

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

  (iii)   * 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 HECS - HELP assistance to which the student would be entitled under section   93 - 1 for the unit would exceed that HELP balance.

Note 1:   For transitional provisions relating to subparagraph   (a)(i), 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 HECS - HELP assistance for more than one unit

  (2)   If the sum of:

  (a)   the amount of * HECS - HELP assistance to which a student would be entitled under section   93 - 1 for a unit of study; and

  (b)   any other amounts of:

  (i)   HECS - 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

  (ii)   * FEE - HELP assistance to which the student would be entitled under section   107 - 1 for other units that have the same census date as that unit; and

  (iii)   * 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 HECS - HELP assistance, FEE - 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:   Kate has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. The student contribution amount for each unit is $600. There are no up - front payments for the units. The total amount of HECS - HELP assistance to which Kate is entitled for the units is $2,000, even though the total amount of the student contribution amounts for the units is $2,400.

Note 1:   For transitional provisions relating to subparagraph   (b)(i), 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 referred to in subsection   (2) has enrolled in the units with more than one higher education provider or * VET provider, the student must notify each provider of the proportion of the total amount of * HECS - HELP assistance, * FEE - 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.

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