Document ID: chunk:federal_register_of_legislation:C2019C00328:clause:3_6:p1
Version: federal_register_of_legislation:C2019C00328
Segment Type: clause
Provision Reference: sch 3 cl 6 (pt 1/3)
Character Range: 23284–25941

6  At the end of Part 3‑2
Add:

Division 97—Re‑crediting of HELP balances in relation to HECS‑HELP assistance

97‑23  Purpose
  The purpose of this Division is to set out the circumstances in which a person's *HELP balance is to be re‑credited with an amount equal to the amounts of *HECS‑HELP assistance that the person has received for a unit of study.
Note: For transitional provisions relating to this Division, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

97‑25  Main case of re‑crediting a person's HELP balance in relation to HECS‑HELP assistance
 (1) If section 97‑42 applies to re‑credit a person's *HELP balance with an amount equal to the amounts of *HECS‑HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.
 (2) 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:
 (a) the person has been enrolled in the unit with the provider; and
 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
 (c) the provider is satisfied that special circumstances apply to the person (see section 97‑30); and
 (d) the person applies in writing to the provider for re‑crediting of the HELP balance; and
 (e) either:
 (i) the application is made before the end of the application period under section 97‑35; or
 (ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
 (3) If the higher education provider is unable to act for one or more of the purposes of subsection (2), or section 97‑30, 97‑35 or 97‑40, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

97‑27  Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—no tax file number
 (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:
 (a) the person has been enrolled in the unit with the provider; and
 (b) subsection 193‑5(1) applies to the person in relation to the unit.
 (2) The *Secretary may re‑credit the person's *HELP balance under subsection (1) if the provider is unable to