22Cost of rehabilitation programs

#### 22 Cost of rehabilitation programs (1) Subject to subsections (1A) and (1B), the Commonwealth is to bear the cost of, and incidental to, a rehabilitation program provided for a pensioner or beneficiary. (1A) If: (a) a rehabilitation program provided for a pensioner or beneficiary includes a course of study at an institution; and (b) the person owes one or more HEC semester debts to the Commonwealth in respect of undertaking the course of study; the pensioner’s or beneficiary’s HEC semester debts in respect of the course must not be borne by the Commonwealth unless the Higher Education Funding Act 1988, or another Act, provides otherwise. (1B) If: (a) a rehabilitation program provided for a pensioner or beneficiary includes a course of study with a higher education provider; and (b) the person owes one or more HELP debts to the Commonwealth in respect of undertaking the course of study; the pensioner’s or beneficiary’s HELP debts in respect of the course must not be borne by the Commonwealth unless the Higher Education Support Act 2003, or another Act, provides otherwise. (2) Subject to subsection (3), the cost, as determined by the Secretary, of and incidental to a rehabilitation program provided for a person who is not a pensioner or beneficiary is to be borne by the person. (3) The Secretary may direct: (a) that subsection (2) does not apply; or (b) that subsection (2) does not apply in relation to: (i) specified costs; or (ii) a specified part of the cost referred to in that subsection; in relation to a specified person, or persons included in a specified class of persons, and, where the Secretary so directs, any cost that by virtue of the direction is not to be borne by that person or those persons shall be borne by the Commonwealth. (4) In this section: > HEC semester debt has the same meaning as in Chapter 4 of the Higher Education Funding Act 1988. > HELP debt has the same meaning as in the Higher Education Support Act 2003. > higher education provider has the same meaning as in the Higher Education Support Act 2003. > institution has the same meaning as in Chapter 4 of the Higher Education Funding Act 1988. > pensioner or beneficiary means a person who: (a) is receiving a social security pension, or a social security benefit, within the meaning of subsection 23(1) of the Social Security Act 1991; or (d) is eligible to receive a service pension under Part III, income support supplement under Part IIIA or a veteran payment under an instrument made under Part IIIAA of the Veterans’ Entitlements Act 1986.