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Higher Education Support Act 2003
54Amounts of VET FEE‑HELP assistance, HECS‑HELP assistance and FEE‑HELP assistance must not exceed the HELP balance
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54 Amounts of VET FEE‑HELP assistance, HECS‑HELP assistance and FEE‑HELP assistance must not exceed the HELP balance
Amount of VET FEE‑HELP assistance for one unit
(1) The amount of *VET FEE‑HELP assistance to which a student is entitled for a *VET unit of study is an amount equal to the student’s *HELP balance on the *census date for the unit if:
(i) VET unit of study, with the same census date, for which the student is entitled to VET FEE‑HELP assistance; or
(ia) unit of study, with the same census date, for which the student is entitled to *HECS‑HELP assistance; or
(ii) unit of study, with the same census date, for which the student is entitled to *FEE‑HELP assistance; and
(b) the amount of VET FEE‑HELP assistance to which the student would be entitled under clause 52 for the unit would exceed that HELP balance.
Note 1: For transitional provisions relating to subparagraph (a)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.
Note 2: The amount of a *VET student loan is limited by reference to the student’s HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student’s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 128‑15.
Amount of VET FEE‑HELP assistance for more than one unit
(a) the amount of *VET FEE‑HELP assistance to which a student would be entitled under clause 52 for a *VET unit of study; and
(i) VET FEE‑HELP assistance to which the student would be entitled under that clause for other units that have the same *census date as that unit; and
(ia) *HECS‑HELP assistance to which the student would be entitled under section 93‑1 for other units that have the same census date as that unit; and
(ii) *FEE‑HELP assistance to which the student would be entitled under section 107‑1 for other units that have the same census date as that unit;
would exceed the student’s *HELP balance on the census date for the unit, then, despite subclause (1) of this clause, the total amount of VET FEE‑HELP assistance, HECS‑HELP assistance and FEE‑HELP assistance to which the student is entitled for all of those units is an amount equal to that HELP balance.
Example: Kath has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath’s VET tuition fee for each unit is $600. The total amount of VET FEE‑HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her VET tuition fees for the units is $2,400.
Note 1: For transitional provisions relating to subparagraph (b)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.
Note 2: The amount of a *VET student loan is limited by reference to the student’s HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student’s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 128‑15.
(3) If the student has enrolled in the units with more than one *VET provider or higher education provider, the student must notify each provider of the proportion of the total amount of *VET FEE‑HELP assistance,*HECS‑HELP assistance or *FEE‑HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.