Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1a_56
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1A cl 56
Character Range: 729098–731259

56  Effect of HELP balance being re‑credited

Re‑crediting other than under subclause 46AA(1)
 (1) If, under subclause 46(2), 46A(1) or 47(1), or clause 51, a person's *HELP balance is re‑credited with an amount relating to *VET FEE‑HELP assistance for a *VET unit of study, the provider must pay to the Commonwealth an amount equal to the amount of VET FEE‑HELP assistance to which the person was entitled for the unit.
Note: The provider must repay the amount under subclause (1) even if the person's HELP balance is not increased by an amount equal to the amount re‑credited.
 (2) Subclause (1) does not apply to the provider if:
 (a) the person's *HELP balance was re‑credited under subclause 46(2) (main case of re‑crediting a person's HELP balance); and
 (b) the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *VET tuition assurance requirements.
 (3) The *VET Guidelines may, in setting out the *VET tuition assurance requirements, specify, in relation to the re‑crediting of a person's *HELP balance in circumstances to which subclause (2) applies:
 (a) the amount (if any) that is to be paid to the Commonwealth; and
 (b) the person (if any) who is to pay the amounts.

Re‑crediting under subclause 46AA(1)
 (4) If:
 (a) under subclause 46AA(1) (inappropriate conduct by provider or provider's agent), a person's *HELP balance is re‑credited with an amount relating to *VET FEE‑HELP assistance for a *VET unit of study with a *VET provider; and
 (b) the inappropriate conduct which the *Secretary is satisfied was reasonably likely to have been engaged in was, or included, the VET provider treating the person as being entitled to the assistance under clause 43, when the person was not entitled to that assistance;
the VET provider must pay to the Commonwealth an amount equal to the amount of VET FEE‑HELP assistance to which the person was treated as being entitled for the unit.
Note: The VET provider must repay the amount under subclause (4) even if the person's HELP balance is not increased by an amount equal to the amount re‑credited.

Part 3—Administration

Division 10—Introduction