Document ID: chunk:federal_register_of_legislation:F2024L00180:reg:6
Version: federal_register_of_legislation:F2024L00180
Segment Type: reg
Provision Reference: reg 6
Character Range: 3032–5478

6  Transitional rules for partial up-front payments made during second transition period
 (1) This section is made for the purposes of subitem 12(1) of Schedule 1 to the Act and applies if:
 (a) during the second transition period, an affected student made one or more up-front payments to a higher education provider in relation to a unit of study; and
 (b) the amount of that payment, or the sum of those payments, is less than 100% of the affected student's old student contribution amount for the unit; and
 (c) under section 96-1 of the Higher Education Support Act 2003, the Commonwealth:
 (i) as a benefit to an affected student, lent to the student an amount of HECS-HELP assistance for a unit of study with a higher education provider; and
 (ii) paid to the provider the amount lent in discharge of the student's liability to pay the remainder of their old student contribution amount for the unit.
 (2) If the amount (the old amount) referred to in subparagraph (1)(c)(ii) is more than the amount (the new amount) that would have been paid to the provider had the relevant amendment been in force during the second transition period, the difference between the old amount and the new amount may be:
 (a) deducted from any amount that is payable, or to be paid, to the higher education provider under the Higher Education Support Act 2003; or
 (b) recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.
 (3) If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the second transition period, the higher education provider must pay to the affected student an amount equal to the difference between the two amounts.
 (4) The higher education provider must, on the Secretary's behalf, re-credit the affected student's HELP balance with an amount (the relevant amount) that is equal to the difference between the amount referred to in subparagraph (1)(c)(ii) that was paid to the provider and the amount that would have been paid under paragraph 96-1(b) of the Higher Education Support Act 2003, had the relevant amendment been in force during the second transition period.
 (5) The affected student's HECS-HELP debt in relation to the unit of study is taken to be remitted by an amount equal to the relevant amount for the purposes of the Higher Education Support Act 2003.