Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p24
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 24/67)
Character Range: 344380–347118

to the unit was not provided by *Open Universities Australia, the Commonwealth must:
 (a) as a benefit to the student, lend to the student the amount of FEE‑HELP assistance; and
 (b) pay the amount lent to the provider in discharge of the student's liability to pay his or her *tuition fee for the unit.
 (2) If a student is entitled to an amount of *FEE‑HELP assistance for a unit of study and access to the unit was provided by *Open Universities Australia, the Commonwealth must:
 (a) as a benefit to the student, lend to the student the amount of FEE‑HELP assistance; and
 (b) pay the amount lent to Open Universities Australia in discharge of the student's liability to pay his or her *tuition fee for the unit.

110‑5  Effect of HELP balance being re‑credited
 (1) If, under subsection 104‑25(1) or 104‑27(1) or section 104‑42, 104‑43 or 104‑44, a person's *HELP balance is re‑credited with an amount relating to *FEE‑HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under subsection 110‑1(1).
Note: The provider must repay the amount under subsection (1) even if the person's HELP balance is not increased by an amount equal to the amount re‑credited.
 (1A) Subsection (1) does not apply to the provider if:
 (a) the person's *HELP balance was re‑credited under subsection 104‑25(1) (main case of re‑crediting a person's HELP balance); and
 (b) the person enrolled in the unit as a *replacement unit.
 (1B) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to the re‑crediting of a person's *HELP balance in circumstances to which subsection (1A) applies:
 (a) the amount (if any) that is to be paid to the Commonwealth; and
 (b) the person (if any) who is to pay the amounts.
 (2) If, under subsection 104‑25(2) or 104‑27(2), *Open Universities Australia re‑credits a person's *HELP balance with an amount relating to *FEE‑HELP assistance for a unit of study, Open Universities Australia must pay to the Commonwealth an amount equal to the amount (if any) that was paid to Open Universities Australia for the unit under subsection 110‑1(2).

110‑10  Implications for student's liability to higher education provider for student tuition fee
  If, under Subdivision 104‑B, a student's *HELP balance is re‑credited with an amount relating to *FEE‑HELP assistance for a *unit of study, the student is discharged from all liability to pay or account for so much of the student's *tuition fee for the unit as is equal to that amount.

Part 3‑4—OS‑HELP assistance

Division 115—Introduction

115‑1  What this Part is about

      Students may be entitled