Document ID: chunk:federal_register_of_legislation:C2007A00170:clause:1a_46
Version: federal_register_of_legislation:C2007A00170
Segment Type: clause
Provision Reference: sch 1A cl 46
Character Range: 41840–43596

46  Main case of re‑crediting a person's FEE‑HELP balance

 (1) If clause 51 applies to re‑credit a person's *FEE‑HELP balance with an amount equal to the amounts of *VET FEE‑HELP assistance that the person has received for a *VET unit of study, then this clause does not apply in relation to that unit.

Note: For FEE‑HELP balance, see section 104‑15, and for FEE‑HELP limit, see section 104‑20.

 (2) A *VET provider must, on the *Secretary's behalf, re‑credit a person's *FEE‑HELP balance with an amount equal to the amounts of *VET FEE‑HELP assistance that the person received for a *VET unit of study if:
 (a) the person has been enrolled in the unit with the provider; and
 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
 (c) the provider is satisfied that special circumstances apply to the person (see clause 48); and
 (d) the person applies in writing to the provider for re‑crediting of the FEE‑HELP balance; and
 (e) either:
 (i) the application is made before the end of the application period under clause 49; or
 (ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note: A VET FEE‑HELP debt relating to a VET unit of study will be remitted if the FEE‑HELP balance in relation to the unit is re‑credited: see section 137‑18.

 (3) If the provider is unable to act for one or more of the purposes of subclause (2), or clause 48, 49 or 50, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.