Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p46
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 46/67)
Character Range: 400518–403205

under that Act.

134‑5  HELP Debtor Guidelines
 (1) Matters relating to *location‑preferred HELP debtors (teachers) are dealt with in the HELP Debtor Guidelines (Teachers).
 (2) Matters relating to *location‑preferred HELP debtors (health practitioners) are dealt with in the HELP Debtor Guidelines (Health Practitioners).
 (3) The provisions of this Part indicate when a particular matter is or may be dealt with in those Guidelines.
Note: The HELP Debtor Guidelines (Teachers) and HELP Debtor Guidelines (Health Practitioners) are made by the Minister under section 238‑10.

Division 137—How do HELP debts arise?

137‑1  HELP debts
  The following are HELP debts:
 (a) *HECS‑HELP debts;
 (b) *FEE‑HELP debts;
 (c) *OS‑HELP debts;
 (ca) *SA‑HELP debts;
 (cb) *STARTUP‑HELP debts;
 (d) *VET FEE‑HELP debts;
 (e) *pre‑1 July 2019 VSL debts.

137‑5  HECS‑HELP debts

Incurring HECS‑HELP debts
 (1) A person incurs a debt to the Commonwealth if, under section 96‑1, the Commonwealth:
 (a) makes a loan to the person; and
 (b) uses the amount lent to make a payment in discharge of the person's liability to pay his or her *student contribution amount for a unit of study.
The debt is a HECS‑HELP debt.
 (2) The amount of the *HECS‑HELP debt is the amount of the loan.

When HECS‑HELP debts are incurred
 (3) A *HECS‑HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person's *student contribution amount for the unit.

Remission of HECS‑HELP debts
 (4) A person's *HECS‑HELP debt in relation to a unit of study is taken to be remitted if section 36‑20, 36‑24A, 36‑24B, 36‑24BB or 36‑24BC applies to the person (even if subsection 36‑20(3), 36‑24BB(3) or 36‑24BC(3) applies to the provider in relation to the person).
 (5) A person's *HECS‑HELP debt in relation to a unit of study is taken to be remitted if the person's *HELP balance is re‑credited under Division 97 in relation to the unit.
Note: The debt is taken to be remitted even if the person's HELP balance is not increased by an amount equal to the amount re‑credited.

137‑10  FEE‑HELP debts

Incurring FEE‑HELP debts
 (1) A person incurs a debt to the Commonwealth if, under section 110‑1, the Commonwealth:
 (a) makes a loan to the person; and
 (b) uses the amount lent to make a payment in discharge of the person's liability to pay his or her *tuition fee for a unit of study.
The debt is a FEE‑HELP debt.
 (2) The amount of the *FEE‑HELP debt is:
 (a) if the loan relates to *FEE‑HELP assistance for a unit of study provided by a Table B provider—the amount of the loan; or
 (b) if paragraph (a) does not