Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p15
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 15/67)
Character Range: 321864–324598

to the Secretary.
 (4) If *Open Universities Australia is unable to act for one or more of the purposes of subsection (2), or section 104‑30, 104‑35 or 104‑40, the *Secretary may act as if one or more of the references in those provisions to Open Universities Australia were a reference to the Secretary.

104‑27  Re‑crediting a person's HELP balance in relation to FEE‑HELP assistance—no tax file number
 (1) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person received for a unit of study if:
 (a) the person has been enrolled in the unit with the provider; and
 (b) subsection 193‑10(1) applies to the person in relation to the unit.
 (2) *Open Universities Australia must, on the *Secretary's behalf, re‑credit a person's *HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person has received for a unit of study if subsection 193‑10(2) applies to the person in relation to the unit.
Note: A FEE‑HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re‑credited: see section 137‑10.
 (3) The *Secretary may re‑credit the person's *HELP balance under subsection (1) or (2) if the provider or *Open Universities Australia is unable to do so.

104‑30  Special circumstances
 (1) For the purposes of paragraph 104‑25(1)(c), special circumstances apply to the person if and only if the higher education provider receiving the application is satisfied that circumstances apply to the person that:
 (a) are beyond the person's control; and
 (b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and
 (c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake the unit.
 (2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36‑21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.
Note: The matters referred to in paragraphs 36‑21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS‑HELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.
 (3) For the purposes of paragraph 104‑25(2)(c), special circumstances apply to the person if and only if *Open Universities Australia is satisfied that circumstances apply to the person that:
 (a) are beyond the person's control; and
 (b) do not make