Document ID: chunk:federal_register_of_legislation:C2008A00043:clause:1_13
Version: federal_register_of_legislation:C2008A00043
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 5537–8059

13  At the end of Part 4‑2
Add:

Division 157—HECS‑HELP benefit

Subdivision 157‑A—Who is eligible for the HECS‑HELP benefit?

157‑1  Application for the HECS‑HELP benefit

  A person may apply to the *Commissioner for the *HECS‑HELP benefit in respect of an *income year if:
 (a) the HECS‑HELP Benefit Guidelines set out eligibility requirements for the HECS‑HELP benefit; and
 (b) the person satisfies those eligibility requirements.

157‑5  Form of application

  An application for the *HECS‑HELP benefit must:
 (a) be in writing; and
 (b) be in the form required by the HECS‑HELP Benefit Guidelines; and
 (c) provide all the information, and be accompanied by any documents, required by the HECS‑HELP Benefit Guidelines.

157‑10  Providing application to Commissioner

  An application must be made in the manner, and within the time, specified in the HECS‑HELP Benefit Guidelines.

Subdivision 157‑B—What is the amount of the HECS‑HELP benefit?

157‑15  Amount of HECS‑HELP benefit

 (1) The amount of the *HECS‑HELP benefit for an *income year is the amount specified in, or worked out in accordance with, the HECS‑HELP Benefit Guidelines.

 (2) If an amount is required to be paid under section 154‑1 for an *income year, the amount of the *HECS‑HELP benefit for that year must not be more than the amount required to be paid for that year.

Subdivision 157‑C—Determination of applications

157‑20  Commissioner must determine application

 (1) If a person applies for the *HECS‑HELP benefit for an *income year, the *Commissioner must determine:
 (a) whether the person is eligible for the benefit for the year; and
 (b) if the person is eligible—the amount of the benefit, worked out in accordance with the HECS‑HELP Benefit Guidelines.

Note: A determination is reviewable under Part 5‑7.

 (2) A determination made under subsection (1) is not a legislative instrument.

157‑25  Notifying applicant of determination

  The *Commissioner must notify the applicant, in writing, of his or her determination. The notice must be given within the time specified in the HECS‑HELP Benefit Guidelines.

Note: Notification may also be given to a person by referring to the amount of HECS‑HELP benefit in the person's notice of assessment, see subsection 154‑40(2).

157‑30  Review of determinations

  If a determination by the *Commissioner under section 157‑20 is reviewed under Part 5‑7, a reference in this Part (other than this Division) to the determination includes a reference to the decision on review.