43Entitlement to VET FEE‑HELP assistance

43  Entitlement to VET FEE‑HELP assistance  (1) Subject to this clause, a student is entitled to *VET FEE‑HELP assistance for a *VET unit of study if:  (a) the student meets the citizenship or residency requirements under clause 44; and  (b) the student’s *HELP balance is greater than zero; and  (c) the *census date for the unit is on or after 1 January 2008; and  (d) the unit meets the course requirements under clause 45; and  (e) the unit is, or is to be, undertaken as part of a *VET course of study; and  (ea) the student meets the entry procedure requirements under clause 45B; and  (f) the student:  (i) enrols in the unit at least 2 business days before the census date for the unit; and  (fa) in a case where the student is not already entitled to VET FEE‑HELP assistance for another VET unit of study forming part of the course—the body with whom the student is enrolled is approved as a *VET provider:  (i) for the day of the enrolment; or  (ii) if that day falls within a period when the body’s approval as a VET provider is suspended under subclause 36(5)—for a later day because that suspension has ended; and  (fb) if the VET provider was approved as a VET provider after 2015, the course is:  (i) one of the *qualifying VET courses that enabled paragraph 6(1)(ca) or (1A)(da) to be satisfied for the purposes of that approval; or  (ii) a qualifying VET course that superseded such a course directly or indirectly without interruption; and  (g) the student *meets the tax file number requirements (see clause 80); and  (h) the student meets the request for Commonwealth assistance requirements under clause 45C; and  (i) the student meets any other requirements set out in the *VET Guidelines. Note 1: For the purposes of paragraph (e), clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study. Note 2: For the purposes of paragraph (fa), a body’s approval as a VET provider ceases while the approval is suspended (see clause 29). If this approval is suspended when the student first enrols in units forming part of the course, the student can only become entitled to VET FEE‑HELP assistance when that suspension ends.  (2) A student is not entitled to *VET FEE‑HELP assistance for a *VET unit of study if:  (a) the unit forms a part of a *VET course of study; and  (b) the VET course of study is, or is to be, undertaken by the student primarily at an overseas campus.  (3) A student is not entitled to *VET FEE‑HELP assistance for a *VET unit of study if:  (a) the *census date for the unit is on or after 1 January 2017; or  (b) if the student is covered by subclause (4)—the census date for the unit is on or after:  (i) unless subparagraph (ii) applies—1 January 2018; or  (ii) if the Minister is satisfied that exceptional circumstances justify continued entitlement to VET FEE‑HELP assistance for the student—a day determined in writing by the Minister.  (4) A student is covered by this subclause if:  (a) immediately before 1 January 2017, the student was enrolled in the *VET course of study of which the *VET unit of study forms a part; and  (b) the unit is provided:  (i) by the *VET provider with whom the student was enrolled immediately before 1 January 2017; or  (ii) in compliance with the *VET tuition assurance requirements as they apply in relation to the provider; and  (c) before 1 January 2017, the student received *VET FEE‑HELP assistance for another unit that formed a part of the course; and  (d) the Secretary is satisfied that, at all times from the commencement of this paragraph, the student has been a genuine student (within the meaning of the VET Student Loans Act 2016).  (5) A student is not entitled to *VET FEE‑HELP assistance for a *VET unit of study if a *VET student loan has been approved for the student for the *VET course of study of which the unit forms a part.  (6) The *VET Guidelines may specify matters to which the Minister must or may have regard in deciding for the purposes of subparagraph (3)(b)(ii) whether exceptional circumstances justify continued entitlement to *VET FEE‑HELP assistance for the student.  (7) A determination under subparagraph (3)(b)(ii) is not a legislative instrument.