68Special circumstances

#### 68 Special circumstances (1) The course provider must, on the Secretary’s behalf, re‑credit a student’s HELP balance if: (a) the student applies to the provider in writing for the re‑credit; and (b) the application is made within 12 months after the census day for the course, or the part of the course; and (c) the provider is satisfied that special circumstances prevented, or will prevent, the student from completing the requirements for the course, or the part of the course. (2) The course provider may extend the period for making the application mentioned in paragraph (1)(b). (3) Circumstances are special circumstances if they: (a) are beyond the student’s control; and (b) do not make their full impact on the student until on or after the census day for the course, or the part of the course; and (c) make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student’s enrolment in the course, or the part of the course. (4) Subject to subsection (4A), the amount re‑credited must equal the amount of the VET student loan that has been used to pay tuition fees for the student for the course, or the part of a course. (4A) If: (a) this section applies to re‑credit a student’s HELP balance in relation to an amount of a VET student loan that has been used to pay tuition fees for the student for a course, or a part of a course; and (b) on or before 1 June 2025, the person incurred a VETSL debt relating to the amount of the VET student loan; then the amount to be re‑credited to the student’s HELP balance under this section is an amount equal to 80% of the amount of the VET student loan. (5) The course provider must, as soon as practicable: (a) consider an application for a student’s HELP balance to be re‑credited under this section; and (b) notify the student of the provider’s decision on the application. The notice must include a statement of the reasons for the decision.