Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_14:p7
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 7/14)
Character Range: 263554–266144

unit; and
 (e) one or more *up‑front payments have been made in relation to the unit and the amount of that payment, or the sum of those payments, is equal to 100% of the person's *student contribution amount for the unit; and
 (f) the provider is satisfied that special circumstances apply to the person (see section 79‑5); and
 (g) the person applies, in writing, to the provider for the re‑crediting of the person's SLE amount; and
 (h) either:
 (i) the application is made before the end of the application period for the application under section 79‑10; 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.
Note: It is a condition of a grant to the provider under Part 2‑2 that the provider repay certain amounts relating to the unit: see section 36‑24BA.
 (2) If a higher education provider re‑credits a person's *SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary's behalf, re‑credit any one or more of the following amounts to take account of the re‑credit under that subsection:
 (a) an amount of *ordinary SLE (if any) that the person has at that time;
 (b) an amount of *additional SLE (if any) that the person has at that time;
 (c) an amount of *lifelong SLE (if any) that the person has at that time.
Note: A refusal to re‑credit one or more of those amounts is reviewable under Part 5‑7.
 (3) If a higher education provider is unable to act for any one or more of the purposes of subsection (1) or (2), or section 79‑5, 79‑10 or 79‑15, the *Secretary may act as if any one or more of the references in those provisions to the provider were a reference to the Secretary.

79‑5  Special circumstances
 (1) For the purposes of paragraph 79‑1(1)(f), special circumstances apply to a person who made an application under paragraph 79‑1(1)(g) for the re‑crediting of the person's *SLE amount if, and only if, the higher education provider receiving the application is satisfied that circumstances apply to the person that:
 (a) are beyond the person's control; and
 (b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and
 (c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.
 (2) The Student Learning Entitlement Guidelines may