HIGHER EDUCATION SUPPORT ACT 2003 - SECT 137.5 HECS - HELP debts
HIGHER EDUCATION SUPPORT ACT 2003 - SECT 137.5
HECS - HELP debts(1) A person incurs a debt to the Commonwealth if, under section 96 - 1, the Commonwealth:
(a) makes a loan to the person; and
(b) uses the amount lent to make a payment in discharge of the person's liability to pay his or her * student contribution amount for a unit of study.
The debt is a HECS - HELP debt .
(2) The amount of the * HECS - HELP debt is the amount of the loan.
When HECS - HELP debts are incurred
(3) A * HECS - HELP debt is taken to have been incurred by a person immediately after the * census date for the unit, whether or not the Commonwealth has made a payment in respect of the person's * student contribution amount for the unit.
Remission of HECS - HELP debts
(4) A person's * HECS - HELP debt in relation to a unit of study is taken to be remitted if section 36 - 20, 36 - 24A, 36 - 24B, 36 - 24BB or 36 - 24BC applies to the person (even if subsection 36 - 20(3), 36 - 24BB(3) or 36 - 24BC(3) applies to the provider in relation to the person).
(5) A person's * HECS - HELP debt in relation to a unit of study is taken to be remitted if the person's * HELP balance is re - credited under Division 97 in relation to the unit.
Note: The debt is taken to be remitted even if the person's HELP
balance is not increased by an amount equal to the amount re - credited.