Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p58
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 58/67)
Character Range: 430032–432659

the amount equal to the lesser of the following:
 (a) the sum of the amounts of *HECS‑HELP debt and *FEE‑HELP debt incurred by the person in respect of units of study:
 (i) with a total *EFTSL value of not more than 5.0 *EFTSL; and
 (ii) undertaken as part of the *course of study in education mentioned in subsection (1);
 (b) the amount of the person's accumulated HELP debt at the start of the period of 4 years, or at the start of the first period of the periods totalling 4 years, referred to in subparagraph (1)(a)(i).
 (3) To avoid doubt, subsection (2) may have the effect of reducing a person's *accumulated HELP debt for a financial year to less than zero.
 (4) The *Secretary must, within the period specified by subsection (4A), notify the person of the Secretary's decision on that application. The notice must:
 (a) be in writing; and
 (b) if the Secretary has determined that the person's *accumulated HELP debt is to be reduced—state the amount by which that debt is to be reduced.
 (4A) For the purposes of subsection (4), the period is:
 (a) the period of 60 days after the day the *Secretary receives the application under subsection (5); or
 (b) any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.
Note: The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206‑5.
 (4B) If the notice states an amount by which the person's *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.
 (5) A person may apply to the *Secretary for a determination under subsection (1) that the person's *accumulated HELP debt be reduced. The application must:
 (a) be in writing; and
 (b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and
 (c) include the person's *tax file number; and
 (d) meet any requirements specified by the HELP Debtor Guidelines (Teachers) for the purposes of this paragraph.

142‑20  Refunding amounts
  If:
 (a) the *Secretary has determined, for the purposes of section 142‑15, that a person's *accumulated HELP debt is to be reduced by an amount; and
 (b) the amount exceeds the sum of:
 (i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and
 (ii) the total amount of the person's primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);
the Commonwealth must refund to the