Document ID: chunk:federal_register_of_legislation:C2007A00170:clause:1_8:p1
Version: federal_register_of_legislation:C2007A00170
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/2)
Character Range: 5234–7835

8  Section 107‑10
Repeal the section, substitute:

107‑10  Amounts of FEE‑HELP assistance and VET FEE‑HELP assistance must not exceed the FEE‑HELP balance

Amount of FEE‑HELP assistance for one unit

 (1) The amount of *FEE‑HELP assistance to which a student is entitled for a unit of study is an amount equal to the student's *FEE‑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 FEE‑HELP assistance; or
 (ii) *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 FEE‑HELP assistance to which the student would be entitled under section 107‑1 for the unit would exceed that FEE‑HELP balance.

Amount of FEE‑HELP assistance for more than one unit

 (2) If the sum of:
 (a) the amount of *FEE‑HELP assistance to which a student would be entitled under section 107‑1 for a unit of study; and
 (b) any other amounts of:
 (i) FEE‑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) *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 *FEE‑HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of 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 FEE‑HELP balance.

Example: Kath has a FEE‑HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath's tuition fee for each unit is $600. The total amount of FEE‑HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400.

 (3) If the student has enrolled in the units with more than one higher education provider or *VET provider, and access to none of the units was provided by *Open Universities Australia, the student must notify each provider of the proportion of the total amount of *FEE‑HELP assistance or *VET FEE‑HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

 (4) If access to some, but not all, of the units of study was provided by *Open Universities Australia, the student must:
 (a) notify Open Universities Australia of the proportion of the total amount of *FEE‑HELP assistance that is to be payable in relation to