Document ID: chunk:federal_register_of_legislation:C2020A00093:clause:4_23
Version: federal_register_of_legislation:C2020A00093
Segment Type: clause
Provision Reference: sch 4 cl 23
Character Range: 54094–56055

23  At the end of Division 97
Add:

97‑45  Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—provider completes request for assistance
 (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 the provider completes any part of the *request for Commonwealth assistance in relation to the unit that the person is required to complete.
Note: A HECS‑HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re‑credited under this section: see subsection 137‑5(5).
 (2) The *Secretary may re‑credit the person's *HELP balance under this section if the provider is unable to do so.

97‑50  Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—person not entitled to assistance
 (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 the provider or the Secretary is satisfied that the person was not entitled to receive HECS‑HELP assistance for the unit of study with the provider.
Note 1: For example, a person is not entitled to HECS‑HELP assistance for a unit of study if the person is not a Commonwealth supported student in relation to the unit: see section 90‑1.
Note 2: Subdivision 36‑B sets out circumstances in which a higher education provider must not advise a person that the person is a Commonwealth supported student in relation to a unit of study.
Note 3: A HECS‑HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re‑credited under this section: 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.