Document ID: chunk:federal_register_of_legislation:C2020A00062:clause:2_2:p1
Version: federal_register_of_legislation:C2020A00062
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 1/3)
Character Range: 9306–11821

2  Approvals and payments relating to VET student loans

Scope
(1) This item applies if:
 (a) a payment was made by the Commonwealth to an approved course provider; and
 (b) the payment was purportedly on account of an amount (the excess amount) of a VET student loan for a course; and
 (c) the payment was purportedly paid under the VET Student Loans Act 2016 to pay tuition fees for a student (a relevant student) for the course; and
 (d) the excess amount was greater than the amount of a loan that could be approved for the student because the excess amount would reduce the student's HELP balance to less than zero; and
 (e) the census day for the course or a part of the course occurred during the period:
 (i) starting on 1 January 2017; and
 (ii) ending on 31 December 2019.

Recovery of overpayment
(2) To the extent that it has not already been repaid to the Commonwealth before the commencement of this item, the payment:
 (a) is a debt due to the Commonwealth; and
 (b) may be recovered by the Commonwealth in a court of competent jurisdiction.

Adjustment of payments and entitlements
(3) If the Secretary determines that this subitem applies to a relevant student in relation to an excess amount and a course:
 (a) for the purposes of this item, the relevant student's HELP balance is taken, on the census day for the course or a part of the course, to have been increased by:
 (i) an amount equal to the excess amount; or
 (ii) if the Secretary determines another amount—that amount; and
 (b) the Secretary is taken to have approved a loan amount for the student for the course equal to the excess amount or the determined amount (as the case may be); and
 (c) the Secretary must pay an amount equal to the approved loan amount to the provider to pay the student's tuition fee for the course.
(4) The Secretary may, on behalf of the Commonwealth, set off the amount of a debt due to it by a provider under subitem (2) against an amount that is payable to the provider under paragraph (3)(c).
(5) The Consolidated Revenue Fund is appropriated for the purposes of payments under subitem (3).

Application of the VET Student Loans Act 2016
(6) Subitem (7) applies if:
 (a) the Secretary makes a determination in relation to a relevant student under subitem (3); and
 (b) the excess amount was paid to the provider on or after 1 July 2019.
(7) The VET Student Loans Act 2016 has effect, and is taken to always have had effect, as if the Secretary had:
 (a) approved the loan for the student under section