Commonwealth Consolidated Acts Commonwealth Consolidated ActsHigher Education Support Act 2003
1 Subsection 36 - 21(2) (note)
Omit "subsection 104 - 30(2) (re - crediting a person's FEE - HELP balance)", substitute "subsections 97 - 30(2) and 104 - 30(2) (re - crediting a person's HELP balance)".
2 After paragraph 90 - 1(b)
Insert:
(ba) the student's * HELP balance is greater than zero; and
3 At the end of section 90 - 1
Add:
Note: For transitional provisions relating to paragraph ( ba), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .
4 At the end of section 93 - 1
Add:
Note: A lesser amount may be payable because of section 93 - 20.
5 At the end of Division 93
Add:
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 payment s 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.
6 At the end of Part 3 - 2
Add :
Division 97 -- Re - crediting of HELP balances in relation to HECS - HELP assistance
The purpose of this Division is to set out the circumstances in which a person's * HELP balance is to be re - credited with an amount equal to the amounts of * HECS - HELP assistance that the person has received for a unit of study .
Note: For transitional provisions relating to this Division, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .
97 - 25 Main case of re - crediting a person's HELP balance in relation to HECS - HELP assistance
( 1 ) If section 97 - 42 applies to re - credit a person's * HELP balance with an amount equal to the amounts of * HECS - HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.
( 2 ) A higher education provider must, on the * Secretary's behalf, re - credit a person's * HELP balance with an amount equal to the amounts of * HECS - HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
(c) the provider is satisfied that special circumstances apply to the person (see section 97 - 30); and
(d) the person applies in writing to the provider for re - crediting of the HELP balance; and
(e) either:
(i) the application is made before the end of the application period under section 97 - 35; or
(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
( 3 ) If the higher education provider is unable to act for one or more of the purposes of subsection ( 2 ), or section 97 - 30, 97 - 35 or 97 - 40, the * Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.
(1) A higher education provider must, on the * Secretary's behalf, re - credit a person's * HELP balance with an amount equal to the amounts of * HECS - HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) subsection 193 - 5(1) applies to the person in relation to the unit.
( 2 ) The * Secretary may re - credit the person's * HELP balance under subsection ( 1) if the provider is unable to do so.
(1) For the purposes of paragraph 97 - 25( 2 )(c), special circumstances apply to the person if, and only if, the higher education provider receiving the application is satisfied that circumstances apply to the person that:
(a) are beyond the person's control; and
(b) do not make their full impact on the person until on or after the * census date for the unit of study in question; and
(c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake , the unit.
(2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36 - 21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.
Note: The matters referred to in paragraphs 36 - 21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS - HELP) are identical to the matters referred to in paragraphs ( 1)(a), (b) and (c) of this section.
(1) If:
(a) the person applying under paragraph 97 - 25( 2 )(d) for the re - crediting of the person's * HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and
(b) the higher education provider gives notice to the person that the withdrawal has taken effect;
the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.
(2) If subsection ( 1) do es not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.
97 - 40 Dealing with applications
(1) If:
(a) the application is made under paragraph 97 - 25( 2 )(d) before the end of the relevant application period; or
(b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;
the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.
(2) The notice must include a statement of the reasons for the decision.
Note: Refusals of applications are reviewable under Part 5 - 7.
(1) A higher education provider must, on the * Secretary's behalf, re - credit a person's * HELP balance with an amount equal to the amounts of * HECS - HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and
(c) the * tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
(d) the person chose the option designated under the tuition assurance requirements as student contribution/tuition fee repayment in relation to the unit.
Note: A HECS - HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re - credited: see subsection 137 - 5(5).
(2) The * Secretary may re - credit the person's * HELP balance under subsection ( 1) if the provider is unable to do so.
7 Paragraph 104 - 1(1)(b)
Omit " * FEE - HELP balance", substitute " * HELP balance".
8 Subdivision 104 - B (heading)
Repeal the heading, substitute:
Subdivision 104 - B -- Re - crediting HELP balances in relation to FEE - HELP assistance
9 Sections 104 - 15 and 104 - 20
Repeal the sections.
10 Section 104 - 25 (heading)
Repeal the heading, substitute:
104 - 25 Main case of re - crediting a person's HELP balance in relation to FEE - HELP assistance
11 Subsection s 104 - 25(1 A ) and (1)
Omit " * FEE - HELP balance", substitute " * HELP balance".
12 Paragraph 104 - 25(1)(d)
Omit "FEE - HELP balance", substitute "HELP balance".
13 Subsection 104 - 25(2)
Omit " * FEE - HELP balance", substitute " * HELP balance".
14 Paragraph 104 - 25(2)(d)
Omit "FEE - HELP balance", substitute "HELP balance".
15 Subsection 104 - 25(2) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
16 Subsection 104 - 25(3)
Omit "or (2)".
17 At the end of section 104 - 25
Add:
(4) If * Open Universities Australia is unable to act for one or more of the purposes of subsection ( 2), or section 104 - 30, 104 - 35 or 104 - 40, the * Secretary may act as if one or more of the references in those provisions to Open Universities Australia were a reference to the Secretary.
18 Section 104 - 27 (heading)
Repeal the heading, substitute:
19 Subsections 104 - 27(1) and (2)
Omit " * FEE - HELP balance", substitute " * HELP balance".
20 Subsection 104 - 27(2) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
21 Subsection 104 - 27(3)
Omit " * FEE - HELP balance", substitute " * HELP balance".
22 Paragraphs 104 - 35(1)(a) and (1A )(a)
Omit " * FEE - HELP balance", substitute " * HELP balance".
23 Section 104 - 42 (heading)
Repeal the heading, substitute:
24 Subsection 104 - 42(1)
Omit " * FEE - HELP balance", substitute " * HELP balance".
25 Subsection 104 - 42(1) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
26 Subsection 104 - 42(2)
Omit " * FEE - HELP balance", substitute " * HELP balance".
27 Section 104 - 4 3 (heading)
Repeal the heading, substitute:
28 Subsection 104 - 4 3 (1)
Omit " * FEE - HELP balance", substitute " * HELP balance".
29 Subsection 104 - 4 3 (1) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
30 Subsection 104 - 4 3 (2)
Omit " * FEE - HELP balance", substitute " * HELP balance".
31 Section 104 - 44 (heading)
Repeal the heading, substitute:
32 Subsection 104 - 44(1)
Omit " * FEE - HELP balance", substitute " * HELP balance".
33 Subsection 104 - 44(1) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
34 Subsections 104 - 44(2), (3) and (4)
Omit " * FEE - HELP balance", substitute " * HELP balance".
35 Section 107 - 10 (heading)
Repeal the heading, substitute:
36 Subsection 107 - 10(1)
Omit " * FEE - HELP balance", substitute " * HELP balance".
37 After subparagraph 107 - 10(1)(a)(i)
Insert:
(ia) unit of study, with the same census date, for which the student is entitled to HECS - HELP assistance; or
38 Paragraph 107 - 10(1) (b)
Omit "that FEE - HELP balance", substitute "that HELP balance".
39 At the end of subsection 107 - 10(1)
Add:
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.
40 After subparagraph 107 - 10(2)(b)(i)
Insert:
(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
41 Subsection 107 - 10(2)
Omit " * FEE - HELP balance", substitute " * HELP balance".
42 Subsection 107 - 10(2)
After "of FEE - HELP assistance", insert ", HECS - HELP assistance".
43 Subsection 107 - 10(2)
Omit "that FEE - HELP balance", substitute "that HELP balance".
44 Subsection 107 - 10(2) ( example )
Omit "FEE - HELP balance", substitute "HELP balance".
45 At the end of subsection 107 - 10(2)
Add:
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.
46 Subsection 107 - 10(3)
After "of * FEE - HELP assistance", insert ", * HECS - HELP assistance".
47 Paragraph 107 - 10(4)(b)
After "of FEE - HELP assistance", insert ", * HECS - HELP assistance".
48 Section 110 - 5 (heading)
Repeal the heading, substitute:
110 - 5 Effect of HELP balance being re - credited
49 Subsection 110 - 5(1)
Omit " * FEE - HELP balance", substitute " * HELP balance".
50 Subsection 110 - 5(1) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
51 Paragraph 110 - 5(1A)(a)
Omit " * FEE - HELP balance", substitute " * HELP balance".
52 Paragraph 110 - 5(1A)(a)
Omit "a person's FEE - HELP balance", substitute "a person's HELP balance".
53 Subsections 110 - 5(1B) and (2)
Omit " * FEE - HELP balance", substitute " * HELP balance".
54 At the end of Chapter 3
Add:
128 - 7 What this Part is about
A person's HELP balance at a particular time is worked out by reference to:
(a) the HELP loan limit in relation to the person at the time; and
(b) the amounts of HECS - HELP assistance, FEE - HELP assistance , VET FEE - HELP assistance and VET student loans that that have previously been p ayable to the person ; and
(c) amounts previously re - credited to the person's HELP balance (including repayments of HELP debts).
(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 to the person; and
(ii) * FEE - HELP assistance that has previously been payable to the person; and
(iii) * VET FEE - HELP assistance that has previously been payable to the person; and
(iv) * VET student loans that ha ve previously been payable to 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 20 20 .
(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.
The HELP loan limit is:
(a) the amount that would have been the FEE - HELP limit under repealed paragraph 104 - 20(a) on 1 January 2020 if it were assumed that section 104 - 20 had not been repealed, and section 198 - 5 had not been amended, by the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 ; or
(b) in relation to a person who is enrolled in a * course of study in medicine, a * course of study in dentistry or a * course of study in veterinary science, while the person is enrolled in that course-- the amount that would have been the FEE - HELP limit under repealed paragraph 104 - 20(b) on 1 January 2020 if it were assumed that section 104 - 20 had not been repealed, and section 198 - 5 had not been amended, by the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018 .
Note: The HELP loan limit is indexed under Part 5 - 6.
128 - 25 Re - crediting HELP balance--discharge of HELP debt etc.
(1) If, during:
(a) the financial year starting on 1 July 2019; or
(b) a later financial year;
a payment was made in discharge of the whole or a part of a debt that a person owes to the Commonwealth under Chapter 4, the * Commissioner must:
(c) notify the payment to the Secretary; and
(d) do so as soon as practicable after the end of that financial year.
Note 1: The payment may be a voluntary repayment.
Note 2: The payment may be in the form of the application of an amount against the debt.
(2) If the Secretary is so notified, the Secretary must re - credit the person's * HELP balance with an amount equal to the amount of the payment.
55 At the end of section 137 - 5
Add:
(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 section 97 - 25, 97 - 27 or 97 - 42 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.
56 Subsection 137 - 10(4)
Omit " * FEE - HELP balance", substitute " * HELP balance".
57 Subsection 137 - 10(4) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
58 Subsection 137 - 18(4)
Omit " * FEE - HELP balance", substitute " * HELP balance".
59 Subsection 137 - 18(4) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
60 Subsection 137 - 18(5)
Omit " * FEE - HELP balance", substitute " * HELP balance".
61 Subsection 137 - 19(4)
Omit " * FEE - HELP balance", substitute " * HELP balance".
62 Subsection 193 - 5(1) (note)
After "Note", insert "1".
63 At the end of subsection 193 - 5(1)
Add:
Note 2: The person's HELP balance in relation to the unit is re - credited: see subsection 97 - 27(1).
64 Subsection 193 - 10(1) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
65 Subsection 193 - 10(2) (note)
Omit "FEE - HELP balance", substitute "HELP balance".
66 Subsection 198 - 5(1) (table item 4)
Repeal the item, substitute :
4 | The * HELP loan limit | Section 128 - 20 |
67 Section 206 - 1 (after table item 1A)
Insert:
1B | Refusal to re - credit a person's * HELP balance | subsection 97 - 25( 2 ) | (a) the higher education provider with whom the student is enrolled in the unit; or (b) if the * Secretary made the decision to refuse the re - crediting--the Secretary |
68 Section 206 - 1 (cell at table item 2, column headed "Decision")
Omit " * FEE - HELP balance", substitute " * HELP balance".
69 Section 206 - 1 (cell at table item 2A, column headed "Decision")
Omit " * FEE - HELP balance", substitute " * HELP balance".
After "1A", insert ", 1B".
71 Paragraph 39GD(d) of Schedule 1A
Omit "FEE - HELP balances", substitute " * HELP balances".
72 Paragraph 43(1)(b) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
73 Subdivision 7 - B of Schedule 1A (heading)
Repeal the heading, substitute:
Subdivision 7 - B -- Re - crediting HELP balance s in relation to VET FEE - HELP assistance
74 Clause 46 of Schedule 1A (heading)
Repeal the heading, substitute:
46 Main case of re - crediting a person's HELP balance in relation to VET FEE - HELP assistance
75 Subclause 46(1) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
76 Subclause 46(1) of Schedule 1A (note)
Repeal the note, substitute:
Note: For HELP balance , see section 128 - 15, and for HELP loan limit , see section 128 - 20.
77 Subclause 46(2) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
78 Paragraph 46(2)(d) of Schedule 1A
Omit "FEE - HELP balance", substitute "HELP balance".
79 Subclause 46(2) of Schedule 1A (note)
Omit "FEE - HELP balance", substitute "HELP balance".
80 Clause 46A of Schedule 1A (heading)
Repeal the heading, substitute:
81 Subclause 46A(1) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
82 Paragraph 46A(1)(d) of Schedule 1A
Omit "FEE - HELP balance", substitute "HELP balance".
83 Subclause 46A(1) of Schedule 1A (note)
Omit "FEE - HELP balance", substitute "HELP balance".
84 Subparagraph 46A(3)(c)(ii) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
85 Clause 46B of Schedule 1A (heading)
Repeal the heading, substitute:
86 Subclauses 46B(1), (3 ) and (4) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
87 Clause 47 of Schedule 1A (heading)
Repeal the heading, substitute:
47 Re - crediting a person's HELP balance--no tax file number
88 Subclause 47(1) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
89 Subclause 47(1) of Schedule 1A (note)
Omit "FEE - HELP balance", substitute "HELP balance".
90 Subclause 47(2) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
91 Paragraph 49(1)(a) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
92 Clause 51 of Schedule 1A (heading)
Repeal the heading, substitute:
93 Subclause 51(1) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
94 Subclause 51(1) of Schedule 1A (note)
Omit "FEE - HELP balance", substitute "HELP balance".
95 Subclause 51(2) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
96 Clause 5 1A of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
97 Clause 54 of Schedule 1A (heading)
Repeal the heading, substitute:
98 Subclause 54(1) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
99 After subparagraph 54(1)(a)(i) of Schedule 1A
Insert:
(ia) unit of study, with the same census date, for which the student is entitled to * HECS - HELP assistance; or
100 Paragraph 54(1) (b) of Schedule 1A
Omit "that FEE - HELP balance", substitute "that HELP balance".
101 At the end of subclause 54(1) of Schedule 1A
Add:
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.
102 After subparagraph 54(2)(b)(i) of Schedule 1A
Insert:
(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
103 Subparagraph 54(2)(b)(ii) of Schedule 1A
Omit "clause 52", substitute "section 107 - 1".
104 Subclause 54(2) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
105 Subclause 54(2) of Schedule 1A
After "of VET FEE - HELP assistance", insert ", HECS - HELP assistance".
106 Subclause 54(2) of Schedule 1A
Omit "that FEE - HELP balance", substitute "that HELP balance".
107 Subclause 54(2) of Schedule 1A ( example )
Omit "FEE - HELP balance", substitute "HELP balance".
108 At the end of subclause 54(2) of Schedule 1A
Add:
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.
109 Subclause 54(3) of Schedule 1A
After "of * VET FEE - HELP assistance", insert ", * HECS - HELP assistance".
110 Clause 56 of Schedule 1A (heading)
Repeal the heading, substitute:
56 Effect of HELP balance being re - credited
111 Subclause 56(1) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
112 Subclause 56(1) of Schedule 1A (note)
Omit "FEE - HELP balance", substitute "HELP balance".
113 Paragraph 56(2)(a) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
114 Paragraph 56(2)(a) of Schedule 1A
Omit "re - crediting a person's FEE - HELP balance", substitute "re - crediting a person's HELP balance".
115 Subclause 56(3) of Schedule 1A
Omit " * FEE - HELP balance", substitute " * HELP balance".
116 Subclause 89(1) of Schedule 1A (note)
Omit "FEE - HELP balance", substitute "HELP balance".
117 Clause 91 of Schedule 1A (cell at table item 1, column headed "Decision")
Omit " * FEE - HELP balance", substitute " * HELP balance".
118 Clause 91 of Schedule 1A (cell at table item 2, column headed "Decision")
Omit " * FEE - HELP balance", substitute " * HELP balance".
119 Clause 91 of Schedule 1A (cell at table item 3, column headed "Decision")
Omit " * FEE - HELP balance", substitute " * HELP balance".
120 Subclause 1(1) of Schedule 1 (definition s of FEE - HELP balance and FEE - HELP limit )
Repeal the definition s .
121 Subclause 1(1) of Schedule 1
Insert:
"HELP balance" has the meaning given by section 128 - 15.
"HELP loan limit" has the meaning given by section 128 - 20.
122 Section 5
Omit "FEE - HELP balance", substitute "HELP balance".
123 Section 6 (definition of FEE - HELP balance )
Repeal the definition.
124 Section 6
Insert:
"HELP balance" has the same meaning as in the Higher Education Support Act 2003 .
125 Paragraph 8( b )
Omit "FEE - HELP balance", substitute "HELP balance".
126 Paragraph 20(e)
Omit "FEE - HELP balance", substitute "HELP balance".
127 Paragraph 22(1)(b)
Omit "FEE - HELP balance", substitute "HELP balance".
128 Subsection 22(1) (note 1)
Omit "FEE - HELP balances", substitute "HELP balances".
129 Subsection 22(1) (note 2)
Omit "FEE - HELP balance", substitute "HELP balance".
130 Paragraphs 23 (a) and (b)
Omit "FEE - HELP balance", substitute "HELP balance".
131 Part 6 (heading)
Repeal the heading, substitute:
Part 6 -- Re - crediting HELP balances
132 Section 67 (note)
Omit "FEE - HELP balance", substitute "HELP balance".
133 Subsection 68(1)
Omit "FEE - HELP balance", substitute "HELP balance".
134 Paragraph 68(5)(a)
Omit "FEE - HELP balance", substitute "HELP balance".
135 Subsections 69(1) and (3)
Omit "FEE - HELP balance", substitute "HELP balance".
136 Section 70
Omit "FEE - HELP balance", substitute "HELP balance".
137 Section 71 (heading)
Repeal the heading, substitute:
71 When Secretary may re - credit HELP balance
138 Subsections 71(1), (3) and (4)
Omit "FEE - HELP balance", substitute "HELP balance".
139 Subsection 72(1)
Omit "FEE - HELP balance", substitute "HELP balance".
140 Subsections 73(1) and (2)
Omit "FEE - HELP balance", substitute "HELP balance".
141 Section 74 (cell at table item 3, column headed "Decision")
Omit "FEE - HELP balance", substitute "HELP balance".
142 S ection 74 (cell at table item 4, column headed "Decision")
Omit "FEE - HELP balance s ", substitute "HELP balance".
143 S ection 74 (cell at table item 5, column headed "Decision")
Omit "FEE - HELP balance" (wherever occurring), substitute "HELP balance".
P art 2 -- Application and t ransitional provisions
144 Application --HELP balance provisions
(1) For the purposes of this item, HELP balance provisions means the following provisions of the Higher Education Support Act 2003 (as amended by this Schedule):
(a) paragraph 90 - 1(ba);
(b) section 93 - 20 so far as that section relates to an amount of HECS - HELP assistance to which a student is or would be entitled for a unit of study;
(c) subparagraph 128 - 15(1)(a)(i);
(d) Division 97;
(e) subparagraph 107 - 10(1)(a)(ia);
(f) subparagraph 107 - 10(2)(b)(ia);
(g) subparagraph 54(1)(a)(ia) of Schedule 1A;
(h) subparagraph 54(2 )(b)(ia) of Schedule 1A.
(2) T he HELP balance provisions apply in relation to a unit of study in which a student was or is enrolled with a higher education provider as part of a course of study if the census date for the unit is on or after 1 January 20 20 .
145 Transitional--re - credited amounts
If , before 1 January 20 20 , an amount was re - credited to a person's FEE - HELP balance under:
(a) Subdivision 104 - B of the Higher Education Support Act 2003 ; or
(b) Subdivision 7 - B of Schedule 1A to that Act ; or
(c) Part 6 of the VET Student Loans Act 2016 ;
section 128 - 15 of the Higher Education Support Act 2003 (as amended by this Schedule) has effect as if the amount had been re - credited to the person's HELP balance immediately after the start of 1 January 20 20 .
146 Transitional--pending decisions about re - credited amounts
If:
(a) an application for the re - crediting of an amount to a person's FEE - HELP balance was made before 1 January 20 20 ; and
(b) the application was made under:
(i) section 104 - 25 of the Higher Education Support Act 2003 ; or
(ii) clause 46 of Schedule 1 A to th at Act ; or
(iii) section 72 of the VET Student Loans Act 2016 ; and
(c) no decision was made on the application before the commencement of this item;
the application has effect, after the start of 1 January 20 20 , as if it were an application for the re - crediting of the amount to the person's HELP balance.
147 Transitional--indexation
Despite anything in subsection 198 - 10(1) of the Higher Education Support Act 2003 , the HELP loan limit is not to be indexed on 1 January 2020.