HECS-HELP Benefit Guidelines No. 1

CHAPTER 1 INTRODUCTION

1.1 PURPOSE

1.1.1 The purpose of these guidelines is to specify:

(a) the eligibility requirements for the HECS-HELP benefit;

(b) how the amount of an eligible person’s HECS-HELP benefit for an income year is worked out;

(c) the form, manner and time within which an eligible person must apply for the HECS‑HELP benefit;

(d) the time within which the Commissioner must notify an applicant of a determination of the person’s HECS-HELP benefit.

1.5 INTERPRETATION

1. In these guidelines, unless the contrary intention appears, terms used have the same meaning as in the Higher Education Support Act 2003.

2. In these guidelines, unless the contrary intention appears:

Act means the Higher Education Support Act 2003.

Approved form has the meaning given by section 388-50 in Schedule 1 to the Taxation Administration Act 1953.

Completion, in relation to a course of study, means successful completion of the academic requirements of the higher education provider at which that course of study was undertaken, and completed has an equivalent meaning.

Debt incurred at course completion means a person’s relevant debt multiplied by the HELP debt indexation factor as at 1 June each year after completion of the course of study.

In this definition, the term HELP debt indexation factor includes reference to the factor specified in section 106N of the Higher Education Funding Act 1988 where the person completed the course of study prior to 1 January 2005.

Early childhood education teacher means a person who:

(a) completed an early childhood education teaching course as a Commonwealth supported or HECS liable student for the whole or part of the course; and

(b) has a debt incurred at course completion in respect of that course; and

(c) is employed in a facility for providing education or childcare services to children prior to their commencing formal schooling; and

(d) does one or both of the following during the income year referred to in paragraph 2.15.1.15:

(i) provides education or childcare services in the facility to children prior to their commencing formal schooling; or

(ii) provide pedagogical support to staff in the facility,

provided that the person does not work exclusively with children who have commenced formal schooling or with staff who work exclusively with children who have commenced formal schooling.

Early childhood education teaching course means a course that leads to the award of a qualification that is recognised by a State or Territory Government as meeting the requirements to teach early childhood education.

Education course of study means:

(a) a course of study that leads to the award of a qualification that is recognised by a State or Territory Government as meeting the requirements for initial registration or employment as a teacher in a primary school, middle or intermediate school or a secondary school; or

(b) an early childhood education teaching course.

Education graduate means a person who:

(a) completed an education course of study in or later than second semester 2009; and

Eligible Occupation means, for a person who is:

(a) a mathematics or science graduate: an occupation specified in subsection 2.10.1 of these guidelines;

(b) an early childhood education teacher: an occupation in which the person meets the requirements of paragraph (c) of the definition of early childhood education teacher and the facility referred to in that paragraph is in a location specified in paragraph 2.15.1.15;

1. an education graduate: an occupation specified in subsection 2.25.1 of these guidelines;
2. a nursing/midwifery graduate: an occupation specified in subsection 2.35.1 of these guidelines.

Employed means having earned income from an eligible occupation for an income year where the person is a resident of Australia for taxation purposes.

Employed Week, in relation to an income year, means a week in the year, which does not include a day that is before 1 July 2008, during which a person is employed in an eligible occupation for at least 15 hours, including any period of paid or unpaid leave, or, if the week includes only some days in the income year, at least 15 hours divided by 7 and multiplied by the number of such days, rounded down to the nearest hour;

Entitlement weeks means for a person who is:

(a) a mathematics or science graduate, 260 weeks minus the number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit for all income years for the person as a mathematics or science graduate;

(b) an early childhood education teacher, 260 weeks minus the number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit for all income years for the person as an early childhood education teacher;

(c) an education graduate, 260 weeks minus the number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit for all income years for the person as an education graduate;

(d) a nursing/midwifery graduate, 260 weeks minus the number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit for all income years for the person as a nursing/midwifery graduate.

Section 3.15.1, examples 4 and 6 illustrate circumstances in which entitlement weeks in relation to more that one qualification can be simultaneously affected.

.

Formal schooling means schooling in any year from and including the year prior to Year 1.

HECS liable student means a contributing student as defined in section 34 of the Higher Education Funding Act 1988.

Mathematics or science graduate means a person who:

(a) completed an undergraduate natural and physical science course of study in or later than second semester 2008; and

Midwifery course of study means a course of study that leads to the award of a qualification that is recognised by a State or Territory Government as meeting the requirements for initial registration as a registered midwife.

Natural and physical science course of study means a course of study in the field of natural and physical sciences, as defined in sub item 13(4) of Schedule 2 of the Higher Education Support Amendment (2008 Budget Measures) Act 2008.

Nursing course of study means a course of study that leads to the award of a qualification that is recognised by a State or Territory Government as meeting the requirements for initial registration as a registered nurse.

Nursing/midwifery graduate means a person who:

(a) completed a nursing course of study or a midwifery course of study in or later than second semester 2009; and

Relevant debt means:

(a) for a person who is a mathematics or science graduate:

(i) the person’s accumulated HELP debt plus any HECS-HELP debts that have been incurred but which have not yet become part of the person’s accumulated HELP debt, at the time of completion of the person’s natural and physical science course of study (‘relevant course of study’); and

(ii) any amounts on account of the HELP debt indexation factor applied to those debts (in accordance with the Act) on or before completion of the relevant course of study;

(iii) any voluntary discharge of the amounts referred to in paragraphs (a)(i) or (a)(ii), in accordance with Division 151 of the Act, on or before completion of the relevant course of study; and

(iv) any compulsory discharge of the amounts referred to in paragraphs (a)(i) or (a)(ii), in accordance with Division 154 of the Act, on or before completion of the relevant course of study; and

(v) any other discharge of the amounts referred to in paragraphs (a)(i) and (a)(ii) other than as a HECS-HELP benefit on or before completion of the relevant course of study;

(b) for a person who is an early childhood education teacher:

(i) the person’s accumulated HELP debt plus any HECS-HELP debts that have been incurred but which have not yet become part of the person’s accumulated HELP debt, at the time of completion of the person’s early childhood education teacher course of study (‘relevant course of study’); and

(ii) any amounts on account of the HELP debt indexation factor applied to those debts (in accordance with the Act) on or before completion of the relevant course of study;

(iii) any voluntary discharge of the amounts referred to in paragraphs (b)(i) or (b)(ii), in accordance with Division 151 of the Act, on or before completion of the relevant course of study; and

(iv) any compulsory discharge of the amounts referred to in paragraphs (b)(i) or (b)(ii), in accordance with Division 154 of the Act, on or before completion of the relevant course of study; and

(v) any other discharge of the amounts referred to in paragraphs (b)(i) and (b)(ii) other than as a HECS-HELP benefit on or before completion of the relevant course of study.

Where some or all of the early childhood education teacher course of study was undertaken prior to 1 January 2005, the terms accumulated HELP debt, HECS‑HELP debts and HELP debt indexation factor in this definition respectively include any accumulated HEC debt, semester debt as defined in the Higher Education Funding Act 1988 (HEFA) and any amount on account of indexation factor applied to those debts under HEFA.

(c) for a person who is an education graduate:

(i) the person’s accumulated HELP debt plus any HECS-HELP debts that have been incurred but which have not yet become part of the person’s accumulated HELP debt, at the time of completion of the person’s education course of study (‘relevant course of study’); and

(ii) any amounts on account of the HELP debt indexation factor applied to those debts (in accordance with the Act) on or before completion of the relevant course of study;

(iii) any voluntary discharge of the amounts referred to in paragraphs (c)(i) or (c)(ii), in accordance with Division 151 of the Act, on or before completion of the relevant course of study; and

(iv) any compulsory discharge of the amounts referred to in paragraphs (c)(i) or (c)(ii), in accordance with Division 154 of the Act, on or before completion of the relevant course of study; and

(v) any other discharge of the amounts referred to in paragraphs (c)(i) and (c)(ii) other than as a HECS-HELP benefit on or before completion of the relevant course of study;

(d) for a person who is a nursing/midwifery graduate:

1. the person’s accumulated HELP debt plus any HECS-HELP debts that have been incurred but which have not yet become part of the person’s accumulated HELP debt, at the time of completion of the person’s nursing or midwifery course of study (‘relevant course of study’) if the person has completed only one of those courses, but not both; or
2. the person’s accumulated HELP debt plus any HECS-HELP debts that have been incurred but which have not yet become part of the person’s accumulated HELP debt, at the time of completion of the person’s nursing or midwifery course of study (‘relevant courses of study’), whichever is the later, if the person has completed both of those courses; and
3. any amounts on account of the HELP debt indexation factor applied to those debts (in accordance with the Act) on or before completion of the relevant course of study;

(iv) any voluntary discharge of the amounts referred to in paragraphs (d)(i), (d)(ii) or (d) (iii), in accordance with Division 151 of the Act, on or before completion of the relevant course of study; and

(v) any compulsory discharge of the amounts referred to in paragraphs (d)(i), (d)(ii) or (d) (iii), in accordance with Division 154 of the Act, on or before completion of the relevant course of study; and

(vi) any other discharge of the amounts referred to in paragraphs (d)(i), (d)(ii) or (d) (iii) other than as a HECS-HELP benefit on or before completion of the relevant course of study;

Second semester 2008 means a teaching period, whether described by a higher education provider as a semester or by any other name, that commences after 30 June 2008 and on or before 31 December 2008.

Second semester 2009 means a teaching period, whether described by a higher education provider as a semester or by any other name, that commences after 30 June 2009 and on or before 31 December 2009.

Week, in relation to an income year, means a calendar week in that year, or where a calendar week includes only some days that are in the income year, the days in that calendar week that are in the income year.

1.5.10 Terms in these guidelines that are in italics have the meaning stated in subsection 1.5.5 of these guidelines.

CHAPTER 2 ELIGIBILITY REQUIREMENTS

2.1 PURPOSE

2.1.1 The purpose of this chapter is to specify the eligibility requirements for the HECS-HELP benefit for a person in respect of an income year for the purposes of section 157-1 of the Act.

2.5 ELIGIBILITY REQUIREMENTS FOR MATHEMATICS OR SCIENCE GRADUATES

2.5.1 A person is eligible for the HECS-HELP benefit for an income year if the person is a mathematics or science graduate and the person satisfies all of the following requirements:

2.5.1.1 The person has not at any time between completion of the person’s natural and physical science course of study and the end of the income year discharged in full their accumulated HELP debt;

2.5.1.5 The person has a compulsory repayment amount for the income year;

2.5.1.10 The person has one or more entitlement weeks as a mathematics or science graduate at the commencement of the income year;

2.5.1.15 The person has at least one employed week in the income year in an eligible occupation as a mathematics or science graduate;

2.5.1.20 The HECS-HELP benefit determined by the Commissioner for the person as a mathematics or science graduate for all previous income years is less than the person’s debt incurred at course completion as a mathematics or science graduate.

2.10 ELIGIBLE OCCUPATIONS FOR A MATHEMATICS OR SCIENCE GRADUATE

1. An eligible occupation for a mathematics or science graduate is an occupation that is specified in the table below or is determined in writing by the Minister for the purposes of this subsection:

2.15 ELIGIBILITY REQUIREMENTS FOR EARLY CHILDHOOD EDUCATION TEACHERS

2.15.1 A person is eligible for the HECS-HELP benefit for an income year if the person is an early childhood education teacher and the person satisfies all of the following requirements:

2.15.1.1 The person has not at any time between completion of the person’s early childhood education teaching course and the end of the income year discharged in full their accumulated HELP debt;

2.15.1.5 The person has one or more entitlement weeks as an early childhood education teacher at the commencement of the income year

2.15.1.10 The HECS-HELP benefit determined by the Commissioner for the person as an early childhood education teacher for all previous income years is less than the person’s debt incurred at course completion as an early childhood education teacher;

2.15.1.15 The person has at least one employed week in the income year in an eligible occupation as an early childhood education teacher in any eligible postcode location (as specified in paragraphs 2.15.1.20 to 2.15.1.25 of these Guidelines[1]).

2.15.1.20 The eligible postcode locations are:

(a) For the income years 2008-09 and 2009-10

(i). the Ongoing Postcode Locations specified in paragraph 2.15.1.30; and

(ii) the Restricted Non-ongoing Postcode Locations specified in paragraph 2.15.1.35

(b) for the income year 2010-11 the eligible postcode locations for a person are the Ongoing Postcode Locations specified in paragraph 2.15.1.30; and

(c) for the income year 2011-12 and any later income year, the eligible postcode locations for a person are the 2011-12 Ongoing Postcode Locations specified in paragraph 2.15.1.40.

2.15.1.30 The Ongoing Postcode Locations are:

2.15.1.35 The Restricted Non-ongoing Postcode Locations are:

2.15.40 The 2011-12 Ongoing Postcode Locations are:

2.20 ELIGIBILITY REQUIREMENTS FOR EDUCATION GRADUATES

2.20.1 A person is eligible for the HECS-HELP benefit for an income year if the person is an education graduate and the person satisfies all of the following requirements:

2.20.1.1 The person has not at any time between completion of the person’s education course of study and the end of the income year discharged in full their accumulated HELP debt;

2.20.1.5 The person has a compulsory repayment amount for the income year;

2.20.1.10 The person has one or more entitlement weeks in an eligible occupation as an education graduate at the commencement of the income year;

2.20.1.15 The person has at least one employed week in the income year in an eligible occupation as an education graduate;

2.20.1.20 The HECS-HELP benefit determined by the Commissioner for the person as an education graduate for all previous income years is less than the person’s debt incurred at course completion as an education graduate.

2.25 ELIGIBLE OCCUPATIONS FOR EDUCATION GRADUATES

2.25.1 An eligible occupation for an education graduate is an occupation that is specified in the table below:

2.30 ELIGIBILITY REQUIREMENTS FOR NURSING/MIDWIFERY GRADUATE

2.30.1 A person is eligible for the HECS-HELP benefit for an income year if the person is a nursing/midwifery graduate and the person satisfies all of the following requirements:

2.30.1.1 Where the person has completed only one of the person’s nursing course of study or midwifery course of study, the person has not discharged in full their accumulated HELP debt at any time between completion of that course and the end of the income year.

Where the person has completed both of the person’s nursing course of study and midwifery course of study, the person has not discharged in full their accumulated HELP debt at any time between whichever was the later of the two course completions and the end of the income year.

2.30.1.5 The person has a compulsory repayment amount for the income year;

2.30.1.10 The person has one or more entitlement weeks as a nursing/midwifery graduate at the commencement of the income year;

2.30.1.15 The person has at least one employed week in the income year in an eligible occupation as a nursing/midwifery graduate;

2.30.1.20 The HECS-HELP benefit determined by the Commissioner for the person as a nursing/midwifery graduate for all previous income years is less than the person’s debt incurred at course completion as a nursing/midwifery graduate.

2.35 ELIGIBLE OCCUPATIONS FOR NURSING/MIDWIFERY GRADUATES

2.35.1 An eligible occupation for a nursing/midwifery graduate is an occupation that requires nursing or midwifery registration as recognised by the relevant nursing and midwifery authority for employment purposes, as a registered nurse, registered midwife or an enrolled nurse (referred to as a Division 2 nurse in Victoria). Until 30 June 2010, the relevant authority will be the relevant State or Territory authority. From 1 July 2010, the relevant authority will be the national Nursing and Midwifery Board of Australia (and the term “Division 2 nurse” in Victoria will be discontinued).

CHAPTER 3 WORKING OUT AN ELIGIBLE PERSON’S HECS-HELP BENEFIT FOR AN INCOME YEAR

3.1 PURPOSE

3.1.1 The purpose of this chapter is to specify how an eligible person’s HECS-HELP benefit amount for an income year is worked out for the purpose of subsection 157-15(1) of the Act.

3.5 MAXIMUM HECS-HELP BENEFIT AMOUNT FOR AN INCOME YEAR

3.5.1 The maximum HECS-HELP benefit for a mathematics or science graduate is $1,500 for the 2008–09 income year. For each subsequent income year it is the amount specified in subsection 3.5.20.

3.5.5 The maximum HECS-HELP benefit for an early childhood education teacher is $1,600 for the 2008–09 income year. For each subsequent income year it is the amount specified in subsection 3.5.20.

3.5.10 The maximum HECS-HELP benefit for an education graduate is $1,558.50 for the
2009–10 income year. For each subsequent income year it is the amount specified in subsection 3.5.20.

3.5.15 The maximum HECS-HELP benefit for a nursing/midwifery graduate is $1,558.50 for the
2009–10 income year. For each subsequent income year it is the amount specified in subsection 3.5.20.

3.5.20 The maximum HECS-HELP benefit referred to in paragraphs 3.5.1 and 3.5.5 for an income year that is later than the 2008–09 income year and the maximum HECS-HELP benefit referred to in paragraphs 3.5.10 and 3.5.15 for an income year that is later than the 2009–10 income year is worked out by multiplying the maximum HECS-HELP benefit for the previous income year by the HELP debt indexation factor (as calculated in accordance with section 140‑10 of the Act) for 1 June in the financial year that coincides with that previous income year.

3.10 WORKING OUT A PERSON’S HECS-HELP BENEFIT FOR AN INCOME YEAR

Mathematics or science graduate

3.10.1 The HECS-HELP benefit amount for an income year that must be determined by the Commissioner for a person who is to receive the benefit as a mathematics or science graduate is the smallest of the three amounts worked out in paragraphs 3.10.1.1, 3.10.1.5 and 3.10.1.10 (“Benefit 3.10.1”), unless subsection 3.10.20 applies, in which case the HECS-HELP benefit amount is Benefit 3.10.1 multiplied by the Reduction Factor specified in subsection 3.10.20.

3.10.1.1 The amount worked out using the following formula:

A = the maximum HECS‑HELP benefit amount for a mathematics or science graduate for the income year, calculated in accordance with subsections 3.5.1 and 3.5.20; and

B = the number of employed weeks for the person in the income year that does not exceed the lesser of 52 weeks and the person’s entitlement weeks;

3.10.1.5 The compulsory repayment amount for the person for that income year; or

3.10.1.10 The person’s debt incurred at course completion as at the time of the determination in respect of the course that qualifies the person to be a mathematics or science graduate minus the sum of the HECS‑HELP benefit amounts that the Commissioner has determined for all income years for the person as a mathematics or science graduate.

Early childhood education teacher

3.10.5 The HECS-HELP benefit amount for an income year that must be determined by the Commissioner for a person who is to receive the benefit as an early childhood education teacher is the smallest of the four amounts worked out in paragraphs 3.10.5.1, 3.10.5.5, 3.10.5.10 and 3.10.5.15 (“Benefit 3.10.5”), unless subsection 3.10.20 applies, in which case the HECS-HELP benefit amount is Benefit 3.10.5 multiplied by the Reduction Factor specified in subsection 3.10.20.

3.10.5.1 The amount worked out using the following formula:

A = the maximum HECS‑HELP benefit amount for an early childhood education teacher for the income year, calculated in accordance with subsections 3.5.5 and 3.5.20; and

B = the number of employed weeks for the person in the income year that does not exceed the lesser of 52 weeks and the person’s entitlement weeks;

3.10.5.5 if the person has a compulsory repayment amount, the compulsory repayment amount for the person for that income year;

3.10.5.10 if no compulsory repayment amount is required for that income year, the amount of the person’s accumulated HELP debt for that income year; or

3.10.5.15 the person’s debt incurred at course completion as at the time of the determination in respect of the course that qualifies the person to be an early childhood education teacher minus the sum of the HECS‑HELP benefit amounts that the Commissioner has determined for all income years for the person as an early childhood education teacher.

Education Graduate

3.10.10 The HECS-HELP benefit amount for an income year that must be determined by the Commissioner for a person who is to receive the benefit as an education graduate is the smallest of the three amounts worked out in paragraphs 3.10.10.1, 3.10.10.5 and 3.10.10.10 (“Benefit 3.10.10”), unless subsection 3.10.20 applies, in which case the HECS-HELP benefit amount is Benefit 3.10.10 multiplied by the Reduction Factor specified in subsection 3.10.20

3.10.10.1 The amount worked out using the following formula:

A = the maximum HECS‑HELP benefit amount for an education graduate for the income year, calculated in accordance with subsections 3.5.10 and 3.5.20; and

B = the number of employed weeks for the person in the income year that does not exceed the lesser of 52 weeks and the person’s entitlement weeks;

3.10.10.5 The compulsory repayment amount for the person for that income year;

3.10.10.10 The person’s debt incurred at course completion as at the time of the determination in respect of the course that qualifies the person to be a education graduate minus the sum of the HECS‑HELP benefit amounts that the Commissioner has determined for all income years for the person as an education graduate.

Nursing/midwifery Graduate

3.10.15 The HECS-HELP benefit amount for an income year that must be determined by the Commissioner for a person who is to receive the benefit as a nursing/midwifery graduate is the smallest of the three amounts worked out in paragraphs 3.10.15.1, 3.10.15.5 and 3.10.15.10 (“Benefit 3.10.15”), unless subsection 3.10.20 applies, in which case the HECS-HELP benefit amount is Benefit 3.10.15 multiplied by the Reduction Factor specified in subsection 3.10.20

3.10.15.1 The amount worked out using the following formula:

A = the maximum HECS‑HELP benefit amount for a nursing/midwifery graduate for the income year, calculated in accordance with subsections 3.5.15 and 3.5.20; and

B = the number of employed weeks for the person in the income year that does not exceed the lesser of 52 weeks and the person’s entitlement weeks;

3.10.15.5 The compulsory repayment amount for the person for that income year;

3.10.15.10 The person’s debt incurred at course completion as at the time of the determination in respect of the course that qualifies the person to be a nursing/midwifery graduate minus the sum of the HECS‑HELP benefit amounts that the Commissioner has determined for all income years for the person as a nursing/midwifery graduate.

More than one of a mathematics or science graduate, an early childhood education teacher, an education graduate and a nursing/midwifery graduate

3.10.20 This section applies if a person is eligible for a HECS-HELP benefit in an income year:

(a) as more than one of a mathematics or science graduate, an early childhood education teacher; an education graduate or a nursing/midwifery graduate; and

(b) the person has a compulsory repayment amount for that income year (CR); and

(c) the sum of any Benefit 3.10.1, Benefit 3.10.5, Benefit 3.10.10 and Benefit 3.10.15 exceeds the person’s compulsory repayment amount for that income year.

The Reduction Factor is:

with the result rounded to six decimal places with 0.0000005 to be rounded down

where

3.10.20.1 If 3.10.20 applies, then, with reference to paragraphs (a), (b), (c) and (d) of the definition of the term entitlement weeks in subsection 1.5.5 above, the ‘number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit’ under subsections 3.10.1, 3.10.5, 3.10.10 and 3.10.15 respectively for the income year is taken to be the result of the following calculation rounded to the nearest whole number of weeks with 0.5 to be rounded down:

For paragraph (a):

For paragraph (b):

For paragraph (c):

For paragraph (d):

3.15 EXAMPLES OF CALCULATING THE HECS-HELP BENEFIT

3.15.1 The following examples are provided to illustrate the calculation of the HECS-HELP benefit.

Example 1
Anna completed an eligible undergraduate science degree in November 2008 and worked as a chemistry technician from January 2009 to June 2009 for a period of 26 employed weeks in the 2008-09 income year.

Anna had incurred a HELP debt of $12,000 upon completion of her science degree.

Anna lodges her 2008-09 income tax return in August 2009 and applies for the HECS‑HELP benefit at the same time.

Her repayment income is $60,000 and her compulsory repayment amount is $3,600.

Anna’s HECS-HELP benefit amount is calculated as follows:

Note: The Commissioner determines that Anna’s HECS-HELP benefit is $750. Anna is required to make a HELP repayment of $2,850 ($3,600 - $750) (section 154-3 of the Act).

Note: Anna’s accumulated HELP debt is reduced by her compulsory repayment amount (ie $3,600) (Step 4 of the Method Statement under subsection 140-5(1) of the Act).

Note: Example 2

Note: Max completed an early childhood education teaching course of study in 2007.

Note: He was employed as a preschool teacher in an eligible remote area for the entire 2008‑09 income year.

Note: Max lodges his 2008-09 income tax return in July 2009 and applies for the HECS-HELP benefit at the same time.

Note: His repayment income is $28,000 and his accumulated HELP debt is $10,000.

Note: Max’s repayment income is below the minimum repayment threshold and no compulsory HELP repayment is required.

Note: Max is eligible for the maximum HECS-HELP benefit as an early childhood education teacher, which is $1,600.

Note: The Commissioner determines that Max’s HECS-HELP benefit is $1,600. Max’s accumulated HELP debt is reduced by $1,600 to $8,400 (Step 4A of the Method Statement under subsection 140-5(1) of the Act).

Note: Example 3

Note: Sharon completed an undergraduate science degree course of study at the end of 2008.

Note: She has worked as a laboratory assistant since January 2009 and received a HECS‑HELP benefit in each income year prior to 2013–14. The Commissioner had determined a HECS‑HELP benefit as a mathematics or science graduate for all income years for a total of 228 employed weeks.

Note: Sharon lodges her 2013–14 income tax return and applies for the HECS-HELP benefit at the same time. Sharon was employed for 40 employed weeks in 2013–14.

Note: Her accumulated HELP debt is $2,000 and her repayment income in 2013–14 is $70,000

Note: The number of entitlement weeks for Sharon as a mathematics or science graduate is:

Note: That is: 260 – 228 = 32 weeks

Note: Although Sharon was employed for 40 employed weeks she will only be entitled to receive the HECS-HELP benefit for 32 weeks as this is all that remains in relation to her entitlement weeks.

Note: Sharon will then have received her full entitlement to a HECS-HELP benefit in respect to her eligible undergraduate science degree.

Note: Example 4

Note: Ben completed an undergraduate science degree at the end of 2008. He paid for some of his course of study up front and his accumulated HELP debt when he completed this course was $13,000. Ben had also previously completed an early childhood education teaching course in 2001. His HECS debt when he completed this course of study was $11,040.

Note: Ben was employed for 15 hours per week as a preschool teacher in an eligible remote area for the 50 weeks in the 2008–09 income year. He also worked for 15 hours per week for 40 weeks as a teacher in a primary school over the same period.

Note: Ben is eligible for the HECS-HELP benefit as both a mathematics or science graduate and an early childhood education teacher.

Note: Ben’s repayment income is $50,000 and his compulsory repayment amount is $2,250.

Note: Ben’s HECS-HELP benefit that would have been worked out under each of those subsections ("Benefit 3.10.1" and "Benefit 3.10.5", respectively) is:

For subsection 3.10.1 (Mathematics and science graduate):

= $1153.85

For subsection 3.10.5 (Early childhood education teacher):

Note: = $1538.46

Note: As the sum of these amounts ($2692.31) is greater than Ben’s compulsory repayment amount ($2250), for the purposes of their respective subsections, each of the two benefit amounts is reduced by the “Reduction Factor”.

The Reduction Factor is:

where

= 0.835713

For the purposes of subsection 3.10.1, the amount of Benefit (3.10.1) is reduced to:

Note: = $964.29

For the purposes of subsection 3.10.5, the amount of Benefit (3.10.5) is reduced to:

Note: = $1285.71

Note: Entitlement weeks

Note: In addition, with reference to paragraphs (a) and (b) of the definition of the term entitlement weeks in subsection 1.5.5, the ‘number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit’ for Ben under subsections 3.10.1 and 3.10.5, respectively for the 2008–09 income year is taken to be the result of the following calculation rounded to the nearest whole number of weeks with 0.5 to be rounded down:

For paragraph (a) of the definition of entitlement weeks, the number of weeks is:

Note: = 33.43 weeks rounded to 33 weeks.

For paragraph (b) of the definition of entitlement weeks, the number of weeks is:

Note: = 41.79 weeks rounded to 42 weeks

Note: Ben will have 33 weeks deducted from his entitlement weeks as a mathematics or science graduate and 42 weeks deducted from his entitlement weeks an early childhood education teacher.

Noting the amount of the HECS-HELP benefit:

- for a mathematics or science graduate specified in subsection 3.10.1:

Ben’s total lifetime benefit in relation to an eligible occupation (specified in subsection 2.10.1 of these guidelines) as a mathematics or science graduate cannot exceed $13,000 indexed as specified in subsection 3.5.1.

- for an early childhood education teacher specified in subsection 3.10.5:

Ben’s total lifetime benefit in relation to his occupation (specified in paragraph (b) of the definition of the term eligible occupation in subsection 1.5.5 of these guidelines) as an early childhood education teacher cannot exceed $11,040 indexed as specified in subsection 3.5.10.

Example 5

Michelle completed a Bachelor of Education (Early Childhood and Primary) at the end of 2009.

She worked as an early childhood education teacher in an eligible remote area for the 20 weeks in the 2009–10 income year.

Michelle’s accumulated HELP debt is $28,000.

Michelle’s repayment income for 2009–10 is $50,000 and her compulsory repayment amount is $2250.

Michelle is eligible for the HECS-HELP benefit for the 2009­–10 income year as both early childhood education teacher and an education graduate.

Michelle elects to apply for both benefits for the same employment period with the same employer.

Michelle’s benefit:

For subsection 3.10.5 (Early childhood education teacher):

| $1662.401 | ÷ | 52 | x | 20 |

= $639.39

For subsection 3.10.10 (Education graduates):

Note: = $599.42

Note: Michelle’s compulsory HELP repayment would be reduced by $1238.81. In addition, Michelle’s eligible employment weeks would be reduced by 20 weeks for each of;

Note: - an early childhood education teacher; and

Note: - an education graduate.

Note: 1. 2009–10 indexed amounts

Example 6

Kimberley completed a Bachelor of Science/Bachelor of Education at the end of 2009.

She worked as a teacher for 20 weeks in the 2009–10 income year.

Kimberley’s accumulated HELP debt is $28,000.

Kimberley’s repayment income for 2009–10 is $60,000 and her compulsory repayment amount is $3600.

Kimberley is eligible for the HECS-HELP benefit for the 2009­–10 income year as an education graduate and as a science graduate.

Kimberley elects to apply for both benefits for the same employment period with the same employer.

Kimberley’s benefit:

For subsection 3.10.1 (Mathematics and science graduate):

= $599.42

For subsection 3.10.10 (Education graduate):

Note: = $599.42

Note: Kimberley’s compulsory HELP repayment would be reduced by $1198.84. In addition, Kimberley’s eligible employment weeks would be reduced by 20 weeks for each of;

Note: - a mathematics and science graduate; and

Note: - an education graduate.

Note: 1. 2009–10 indexed amounts

CHAPTER 4 APPLYING FOR THE HECS-HELP BENEFIT

4.1 PURPOSE

4.1. The purpose of this chapter is to specify for the purposes of subsection 157-5 of the Act the:

(a) manner in which a person must apply to the Commissioner for the HECS-HELP Benefit; and

(b) the time within which the application must be made to the Commissioner.

4.5 CONDITION FOR APPLICATION

4.5.5 An application is not valid unless the person lodges an income tax return for the income year or advises the Commissioner that they are not required to lodge a return for the income year.

4.10 MANNER OF APPLICATION

4.10.1 An application must be made using the approved form.

4.15 TIME WITHIN WHICH AN APPLICATION MUST BE MADE

4.15.1 An application must be submitted no later than two years after the end of the income year for which a person is applying for the HECS-HELP benefit.

CHAPTER 5 NOTIFICATION OF DETERMINATIONS MADE BY THE COMMISSIONER

5.1 PURPOSE

5.1.1 The purpose of this chapter is to specify for the purposes of subsection 157-25 of the Act the time within which the Commissioner must notify an applicant in writing of his or her determination of the person’s HECS-HELP benefit.

5.5 TIME WITHIN WHICH NOTIFICATION OF A DETERMINATION MUST BE MADE

5.5.1 The Commissioner must notify a person in writing of the Commissioner’s determination of the person’s HECS-HELP benefit on or before 60 days after the day on which the Commissioner has made the determination.

Notes to the HECS-HELP BENEFIT GUIDELINES NO. 1

Note 1

1. The HECS-HELP Benefit Guidelines No.1, in force under section 238-10 of the Higher Education Support Act 2003, as shown in this compilation, is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments

<table cellspacing="0" cellpadding="0" style="margin-right:auto; margin-left:auto; border-collapse:collapse"><tbody><tr><td colspan="2" style="width:467pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:8pt"><span style="font-weight:bold">ad. = added or inserted</span><span style="font-weight:bold"> </span><span style="font-weight:bold">am. = amended</span><span style="font-weight:bold"> </span><span style="font-weight:bold">rep. = repealed</span><span style="font-weight:bold"> </span><span style="font-weight:bold">rs. = repealed and substituted</span></p><p style="page-break-inside:avoid; font-size:8pt"><span style="font-weight:bold"></span></p></td></tr><tr><td style="width:172.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span style="font-weight:bold">Provision affected</span></p></td><td style="width:283.8pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span style="font-weight:bold">How affected</span></p></td></tr><tr><td style="width:172.4pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span style="font-weight:bold"></span></p></td><td style="width:283.8pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span style="font-weight:bold"></span></p></td></tr><tr><td style="width:172.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td></tr><tr><td style="width:172.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span>Subclause 5(1)</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>Paragraph 1.5.5</span><br><span>Paragraph 2.15.1.20</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>Paragraph 2.15.1.25</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>Paragraph 2.15.40</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>Chapter 4</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>Subsection 4.1</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>Subsection 4.5</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>Subsection 4.10</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>Subsection 4.15</span></p><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span>rs. </span><span></span><span>2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>am. 2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>rs. </span><span></span><span>2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>rep. 2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>ad. </span><span></span><span>2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>rs. </span><span></span><span>2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>rs.</span><span> </span><span>2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>rs.</span><span> </span><span>2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>rs.</span><span> </span><span>2012 F2012L01178</span></p><p style="page-break-inside:avoid; font-size:11pt"><span>rs.</span><span> </span><span>2012 F2012L01178</span></p></td></tr><tr><td style="width:172.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td></tr><tr><td style="width:172.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td></tr><tr style="height:4pt"><td style="width:172.4pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td><td style="width:283.8pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-inside:avoid; font-size:11pt"><span></span></p></td></tr></tbody></table>

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[1] The postcode locations are for regional or remote areas, Indigenous Australian communities or areas of high socio-economic disadvantage. From time to time, the Minister may, by legislative instrument, make changes to the postcode locations.