18Other tuition protection requirements—special circumstances

18 Other tuition protection requirements—special circumstances

HECS-HELP assistance (1) For the purposes of subsection 36-20(4) of the Act, if the higher education provider determines that section 36-20 of the Act applies to a person and the person enrolled in the unit as a replacement unit, the defaulting provider must: (a) pay the person an amount equal to the payment, or the sum of the payments, that the person made in relation to their student contribution amount for the affected unit; and (b) pay to the Commonwealth an amount equal to any HECS-HELP assistance to which the person was entitled to for the affected unit. (2) If the defaulting provider is unable to act for the purposes of paragraph (1)(a), the Higher Education Tuition Protection Director must ensure the person is paid an amount equal to the payment, or the sum of the payments, that the person made in relation to their student contribution amount for the affected unit. (3) If subsection (2) applies, the defaulting provider must pay the Commonwealth for the purposes of the Higher Education Tuition Protection Fund an amount equal to the amount that the Higher Education Tuition Protection Director paid in relation to the person under subsection (2). FEE-HELP assistance (4) For the purposes of subsection 110-5(1B) of the Act, if the circumstances at subsection 110-5(1A) of the Act apply, then the defaulting provider must pay to the Commonwealth an amount equal to any FEE-HELP assistance to which the person was entitled to for the affected unit which the replacement unit replaces.