Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p7
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 7/67)
Character Range: 302036–304718

Commonwealth supported, if certain requirements are met.
      The amount of assistance to which the student may be entitled is based on his or her tuition fees for the units, but there is a limit on the total amount of assistance that the student can receive. The assistance is paid to a higher education provider or, if the student accesses units through Open Universities Australia, that body, to discharge the student's liability to pay his or her tuition fees.
Note: Amounts of assistance under this Part may form part of a person's HELP debts that the Commonwealth recovers under Part 4‑2.

101‑5  The FEE‑HELP Guidelines
  *FEE‑HELP assistance is also dealt with in the FEE‑HELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The FEE‑HELP Guidelines are made by the Minister under section 238‑10.

Division 104—Who is entitled to FEE‑HELP assistance?

Subdivision 104‑A—Basic rules

104‑1  Entitlement to FEE‑HELP assistance
 (1) Subject to this section and sections 104‑1AA, 104‑2, 104‑3 and 104‑4, a student is entitled to *FEE‑HELP assistance for a unit of study if:
 (a) the student meets the citizenship or residency requirements under section 104‑5; and
 (ac) the student has been assessed by the higher education provider as academically suited to undertake the unit concerned; and
 (b) the student's *HELP balance is greater than zero; and
 (c) the *census date for the unit is on or after 1 January 2005; and
 (d) the student is not a *Commonwealth supported student in relation to the unit; and
 (e) the unit meets the course requirements under section 104‑10; and
 (f) the unit:
 (i) is, or is to be, undertaken as part of a *course of study; or
 (ii) is a unit access to which was provided by *Open Universities Australia; or
 (iii) is part of a *bridging course for overseas‑trained professionals; and
 (g) the student:
 (i) enrolled in the unit on or before the census date for the unit; and
 (ii) at the end of the census date, remained so enrolled; and
 (ga) if:
 (i) subparagraph (f)(i) applies, the census date for the unit is on or after 1 January 2021 and before 1 January 2023 and the student commenced the course of study on or after 1 January 2021; or
 (ii) subparagraph (f)(i), (ii) or (iii) applies and the census date for the unit is on or after 1 January 2023;
  the student meets the *student identifier requirements under subsection (5); and
 (h) the student *meets the tax file number requirements (see section 187‑1); and
 (i) the student has, on or before the census date:
 (i) if access to the unit was provided by Open Universities Australia—completed, signed and