Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p3
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/67)
Character Range: 292061–294792

provider.

Division 96—How are amounts of HECS‑HELP assistance paid?
Note: Part 5‑1 deals generally with payments by the Commonwealth under this Act.

96‑1  Payments to higher education providers
  If a student is entitled to an amount of *HECS‑HELP assistance for a unit of study with a higher education provider, the Commonwealth must:
 (a) as a benefit to the student, lend to the student the amount of HECS‑HELP assistance; and
 (b) pay to the provider the amount lent in discharge of the student's liability to pay his or her *student contribution amount for the unit.

96‑10  Implications for student's liability to higher education provider for student contribution amount
  If, under Division 97, a student's *HELP balance is re‑credited with an amount relating to *HECS‑HELP assistance for a unit of study, the student is discharged from all liability to pay or account for so much of the student's *student contribution amount for the unit as is equal to that amount.

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