Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_14:p12
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 12/14)
Character Range: 275429–278131

the Minister under section 238‑10.

Division 90—Who is entitled to HECS‑HELP assistance?

90‑1  Entitlement to HECS‑HELP assistance
  A student is entitled to *HECS‑HELP assistance for a unit of study in which the student is enrolled with a higher education provider as part of a *course of study if:
 (aa) the course of study is an *accredited course in relation to the provider; and
 (a) the student meets the citizenship or residency requirements under section 90‑5; and
 (b) the *census date for the unit is on or after 1 January 2005; and
 (ba) the student's *HELP balance is greater than zero; and
 (c) the student is a *Commonwealth supported student in relation to the unit; and
 (e) 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
 (f) the student *meets the tax file number requirements (see section 187‑1); and
 (g) the student has, on or before the census date, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study.
Note: For transitional provisions relating to paragraph (ba), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

90‑5  Citizenship or residency requirements
 (1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if:
 (a) the student is an Australian citizen; or
 (b) the student:
 (i) is a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and
 (ii) will be resident in Australia for the duration of the unit.
 (2) In determining, for the purpose of subparagraph (1)(b)(ii), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:
 (a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or
 (b) is required for the purpose of completing a requirement of that unit.
 (2A) A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:
 (a) is a New Zealand citizen who will be resident in Australia for the duration of the unit; and
 (b) either:
 (i) holds a special category visa under the Migration Act 1958; or
 (ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the