Document ID: chunk:federal_register_of_legislation:C2024A00108:clause:1_57
Version: federal_register_of_legislation:C2024A00108
Segment Type: clause
Provision Reference: sch 1 cl 57
Character Range: 20537–21696

57  When refunds are required
 If:
 (a) the Higher Education Support Act 2003 as amended by this Schedule applies for the purposes of working out the following for a person:
 (i) an *accumulated HELP debt;
 (ii) a *former accumulated HELP debt; and
 (b) because of the operation of item 56 of this Schedule, the amount previously paid by the person to the Commonwealth under Division 151 or 154 of Chapter 4 of the Higher Education Support Act 2003 as in force immediately before the commencement of Part 1 of this Schedule exceeds the sum of:
 (i) the amount required immediately before that commencement to discharge the total debt that the person owes to the Commonwealth under Chapter 4 of the Higher Education Support Act 2003 as amended by this Schedule; and
 (ii) the total amount of the person's primary tax debts immediately before that commencement (within the meaning of the Taxation Administration Act 1953);
the Commonwealth must refund to the person an amount equal to that excess.
Note: Interest may be payable if the Commonwealth is late in paying refunds: see Part IIIA of the Taxation (Interest on Overpayments and Early Payments) Act 1983.