Document ID: chunk:federal_register_of_legislation:C2020A00062:clause:2_1:p1
Version: federal_register_of_legislation:C2020A00062
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 1/2)
Character Range: 5300–7889

1  Loans and payments relating to FEE‑HELP assistance and VET FEE‑HELP assistance

Scope
(1) This item applies if:
 (a) a payment was made by the Commonwealth to a higher education provider or a VET provider; and
 (b) the payment was purportedly on account of an amount (the excess amount) of FEE‑HELP assistance or VET FEE‑HELP assistance for a unit of study or a VET unit of study; and
 (c) the payment was purportedly paid under the Higher Education Support Act 2003 to discharge the liability of a student (a relevant student) to pay the student's tuition fee for the unit of study or the VET unit of study with the provider; and
 (d) the relevant student was not entitled to the excess amount because the amount exceeded the relevant student's HELP balance; and
 (e) the census date for the unit occurred during the period:
 (i) starting on 1 January 2005; and
 (ii) ending on 31 December 2019.

Recovery of overpayment
(2) To the extent that it has not already been repaid to the Commonwealth before the commencement of this item, the payment:
 (a) is a debt due to the Commonwealth; and
 (b)  may be recovered by the Commonwealth in a court of competent jurisdiction.

Adjustment of payments and entitlements
(3) If the Secretary determines that this subitem applies to a relevant student in relation to an excess amount and a unit of study or VET unit of study:
 (a) for the purposes of this item, the relevant student's HELP balance is taken, on the census date for the unit, to have been increased by:
 (i) an amount equal to the excess amount; or
 (ii) if the Secretary determines another amount—that amount; and
 (b) the Commonwealth must lend to the student an amount of FEE‑HELP assistance or VET FEE‑HELP assistance for the unit equal to the excess amount or the determined amount (as the case may be); and
 (c) the Commonwealth must pay the amount lent to the provider in discharge of the student's liability to pay the student's tuition fee for the unit.
(4) The Secretary may, on behalf of the Commonwealth, set off the amount of a debt due to it by a provider under subitem (2) against an amount that is payable to the provider under paragraph (3)(c).
(5) The Consolidated Revenue Fund is appropriated for the purposes of payments under subitem (3).

Application of the Higher Education Support Act 2003
(6) Subitem (7) applies if the Secretary makes a determination in relation to a relevant student under subitem (3).
(7) The Higher Education Support Act 2003 has effect, and is taken to always have had effect, as if the Commonwealth had made the loan to the student,