Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p33
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 33/67)
Character Range: 367051–369810

the Commonwealth an amount paid to the provider under section 128‑1 in discharge of a person's liability to pay a *student services and amenities fee if subsection 193‑15(1) applies to the person.
Note 1: Subsection 193‑15(1) applies to a person who does not have a tax file number.
Note 2: The person's SA‑HELP debt will be remitted if the higher education provider must repay the amount under this section: see subsection 137‑16(4).

Part 3‑6—HELP balances

128‑7  What this Part is about

      A person's HELP balance at a particular time is worked out by reference to:
             (a) the HELP loan limit in relation to the person at the time; and
             (b) the amounts of HECS‑HELP assistance, FEE‑HELP assistance, VET FEE‑HELP assistance and VET student loans that that have previously been payable to the person; and
             (c) amounts previously re‑credited to the person's HELP balance (including repayments of HELP debts).

128‑15  HELP balances
 (1) A person's HELP balance at a particular time is:
 (a) if the *HELP loan limit in relation to the person at the time exceeds the sum of all of the amounts of:
 (i) *HECS‑HELP assistance that has previously been payable for the person; and
 (ii) *FEE‑HELP assistance that has previously been payable for the person; and
 (iii) *VET FEE‑HELP assistance that has previously been payable for the person; and
 (iv) *VET student loans that have previously been payable for the person;
  being that sum as reduced by any amounts previously re‑credited to the person's HELP balance under Division 97 of this Act, Subdivision 104‑B of this Act, section 128‑25 of this Act, Subdivision 7‑B of Schedule 1A to this Act or Part 6 of the VET Student Loans Act 2016—that excess; and
 (b) otherwise—zero.
Note 1: If an amount is to be re‑credited to a HELP balance, the balance that is to be re‑credited is worked out immediately before that re‑crediting. The balance is worked out after the re‑crediting by taking account of the amount re‑credited. If a person's HELP loan limit has been reduced, the balance might not increase, or might not increase by the same amount as the amount re‑credited.
Note 2: For transitional provisions relating to this section, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018. Those transitional provisions mean that subparagraph (1)(a)(i) does not apply in relation to a unit of study if the census date for the unit is before 1 January 2020.
 (1A) For the purposes of subparagraphs (1)(a)(i), (ii) and (iii), an amount of *HECS‑HELP assistance, *FEE‑HELP assistance or *VET FEE‑HELP assistance is taken to have been payable for a person immediately after the *census date for the unit to which