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
In these guidelines, unless the contrary intention appears, terms used have the same meaning as in the Higher Education Support Act 2003.
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;
an education graduate: an occupation specified in subsection 2.25.1 of these guidelines;
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:
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
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
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.