Document ID: chunk:federal_register_of_legislation:C2019C00328:clause:3_5:p1
Version: federal_register_of_legislation:C2019C00328
Segment Type: clause
Provision Reference: sch 3 cl 5 (pt 1/2)
Character Range: 19654–22266

5  At the end of Division 93
Add:

93‑20  Amounts of HECS‑HELP assistance, FEE‑HELP assistance and VET FEE‑HELP assistance must not exceed the HELP balance

Amount of HECS‑HELP assistance for one unit
 (1) The amount of *HECS‑HELP assistance to which a student is entitled for a unit of study is an amount equal to the student's *HELP balance on the *census date for the unit if:
 (a) there is no other:
 (i) unit of study, with the same census date, for which the student is entitled to *HECS‑HELP assistance; or
 (ii) unit of study, with the same census date, for which the student is entitled to *FEE‑HELP assistance; or
 (iii) *VET unit of study, with the same census date, for which the student is entitled to *VET FEE‑HELP assistance; and
 (b) the amount of HECS‑HELP assistance to which the student would be entitled under section 93‑1 for the unit would exceed that HELP balance.
Note 1: For transitional provisions relating to subparagraph (a)(i), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.
Note 2: The amount of a *VET student loan is limited by reference to the student's HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student's HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 128‑15.

Amount of HECS‑HELP assistance for more than one unit
 (2) If the sum of:
 (a) the amount of *HECS‑HELP assistance to which a student would be entitled under section 93‑1 for a unit of study; and
 (b) any other amounts of:
 (i) HECS‑HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and
 (ii) *FEE‑HELP assistance to which the student would be entitled under section 107‑1 for other units that have the same census date as that unit; and
 (iii) *VET FEE‑HELP assistance to which the student would be entitled under clause 52 of Schedule 1A for other units that have the same census date as that unit;
would exceed the student's *HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of HECS‑HELP assistance, FEE‑HELP assistance and VET FEE‑HELP assistance to which the student is entitled for all of those units is an amount equal to that HELP balance.
Example: Kate has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. The student contribution amount for each unit is $600. There are no up‑front payments for the units. The total amount of HECS‑HELP assistance to