Document ID: chunk:federal_register_of_legislation:C2019A00103:clause:2_11:p3
Version: federal_register_of_legislation:C2019A00103
Segment Type: clause
Provision Reference: sch 2 cl 11 (pt 3/3)
Character Range: 12393–14569

(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 28 days after the day the Secretary receives an application under subsection (5), 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.
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 28 days: see section 206‑5.
 (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 Very Remote HELP Debtor Guidelines 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 person an amount equal to that excess.