The Commonwealth Government bought back the loans and collects repayments through the taxation system. Loan recipients do not have to repay their loan until their income is above the specified level. Prior to 1 July , students could access a loan under the former Austudy Scheme. The loan was previously called the Austudy Supplement. This item provides that despite anything in the repealed subsection 1 as it applies to the income year, an amount referred to in paragraphs 1 a or b is not to be indexed for the income year.
This item repeals and substitutes subsection ZVHA 1. New subsection ZVHA 1 provides that if the person's HELP repayment income for the income year is greater than the minimum HELP repayment income for the income year and, on the preceding 1 June prior to making an assessment of the person's income for the income year, the person had an accumulated SSL debt - then the person is liable to pay, in accordance with Division 3 of Part 2AA.
This item repeals and substitutes the definition of relevant income-contingent loans liability in subsection 10F 1. This item repeals and substitutes the definition of relevant income-contingent loans liability in subsection 46 1.
Item 3 is a transitional provision that ensures that the new amounts inserted by items 1 and 2 are not also indexed on 1 January under Part of the Act. The changed headings are listed in the following table. Section requires a provider to repay amounts of student contribution amounts paid by a person for a unit of study, or to remit a person's HECS-HELP debt for a unit of study, if satisfied that special circumstances applied to the person.
These special circumstances are specified in section This item makes a consequential amendment to the note at subsection 2 so that the note will read "Guidelines made for the purposes of this subsection also have effect for the purposes of subsections 2 and 2 re-crediting a person's HELP balance ".
Item 2 inserts an additional condition as new paragraph ba that the student's HELP balance must be greater than zero. Item 3 adds a note to section which explains that transitional provisions relating to new paragraph ba are set out in Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment Student Loan Sustainability Act This item adds a note to section to explain that a lesser amount may be payable because of section which is inserted by item 5 of this Schedule.
Note 1 to new subsection 1 explains that transitional provisions relating to subparagraph 2 a i are set out in Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment Student Loan Sustainability Act An example illustrates this limitation.
Note 1 to new subsection 2 explains that transitional provisions relating to subparagraph 2 b i are set out in Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment Student Loan Sustainability Act New subsection 3 concerns the situation where a student as referred to in subsection 2 has enrolled in units with more than one higher education provider or VET provider.
Subsection 1 provides that section does not apply in circumstances where section applies to re-credit a person's HELP balance with an amount equal to the amounts of HECS-HELP assistance the person received for units of study. Subsection 3 provides that if a provider is unable to act for one or more of the purposes in subsection 2 , or sections , or - then the Secretary may act as if the references in those provisions to the provider were a reference to the Secretary instead.
Subsection 1 requires a higher education provider to cancel a person's enrolment in a unit of study if they do not have, or no longer have, a tax file number. Subsection 2 provides that if the higher education provider is unable to re- credit a person's HELP balance under subsection 1 , then the Secretary may re-credit the HELP balance.
One of these criteria is that the provider is satisfied special circumstances within the meaning of section apply to the person paragraph 2 c. Subsection 2 provides that a higher education provider's decision on special circumstances must be in accordance with any criteria that may be specified in the Administration Guidelines see section with respect to matters referred to in paragraphs 1 a , b , or c.
A note to subsection 2 explains that the matters in paragraphs 1 a , b , or c are identical to those in paragraphs 1 a , b and c. Section Section sets out rules governing the application period for the purpose of applications made under paragraph 2 d for the re-crediting of HELP balances.
Subsection 1 provides that as long as a person applying to a higher education provider under paragraph 1 d for the re-crediting of their HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit and the provider has given the person notice the withdrawal has taken effect - then the period in which the person must make their application is within 12 months after the day specified in the notice as the day the withdrawal took effect.
Subsection 2 provides that in circumstances where subsection 1 does not apply, the application period is within 12 months after the period when the person undertook, or was to have undertaken, the unit. Section Section concerns how higher education providers must deal with applications for re-crediting HELP balances.
Subsection 1 provides that where a higher education provider has received an application within the month timeframe stipulated in paragraph 1 d , or the provider has waived the requirement the application be made within that timeframe on the ground that it would not be possible, or was not possible, for the application to have been made within the timeframe - then the provider must 32 consider and make a decision on the application and notify the applicant as soon as practicable.
Under subsection 2 the notices under subsection 1 must include a statement of reasons for the decision. A note to subsection 2 explains that refusals of applications are reviewable under Part of HESA. Subsection 1 provides that the Secretary may act to re-credit a person's HELP balance under subsection 1 if the provider is unable to do so.
These sections are no longer required due to other amendments made by this Schedule especially those made by item 54 which adds a new Part titled 'HELP balances', consisting of new sections , and Item 17 adds a new subsection which provides that if Open Universities Australia is unable to act for one of the purposes in subsection 2 , or sections , or - then the Secretary may act as if the 33 references in those provisions to Open Universities Australia were a reference to the Secretary.
Item 16 makes a minor consequential amendment to subsection 3 to remove reference to 'or 2 '. Item 39 inserts new notes at subsection 1. Note 1 explains that transitional provisions relating to subparagraph 10 1 a ia are contained in Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment Student Loan Sustainability Act Item 45 inserts new notes at subsection 2. Note 1 explains that transitional provisions relating to subparagraph 2 b ia are contained in Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment Student Loan Sustainability Act Section New section gives a brief explanation of Part Note 2 to section explains that transitional provisions relating to section are set out in Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment Student Loan Sustainability Act It goes on to explain that the effect of those provisions is that subparagraph 1 a i does not apply to a unit of study if its census date is before 1 January Subsection 3 provides that subsection 2 is included for the avoidance of doubt.
Section Section provides for the re-crediting of a person's HELP balance by the Secretary, by an amount equal to the amount of repayments the person has made on their HELP debt in the preceding financial year. If a person makes a repayment in discharge of a debt under Chapter 4 of HESA during a financial year - including a voluntary payment in accordance with Division of HESA, or where the ATO applies an amount of a payment compulsorily made to the ATO, such as amount withheld under PAYG arrangements, to the debt - the ATO must inform the Secretary of that repayment, as soon as practicable after the end of the financial year.
As a consequence of being informed of the repayment, the Secretary must then re-credit the person's HELP balance with an amount equivalent to the amount of the repayment. Item 55 adds a new subsection 5 which provides that a person's HECS-HELP debt for a unit of study is taken to be remitted if the person's HELP balance is re-credited under sections , , or in relation to the unit. A note to new subsection explains that the person's debt is taken to be remitted even if their HELP balance is not increased by an amount equal to the amount re-credited.
Items 62 and 63 - Subsection 1 Section concerns there being no HECS-HELP assistance for students without tax file numbers and subsection 1 sets out a number of criteria that govern when a provider must cancel a person's enrolment in a unit of study. These items add an additional note as note 2 and number the existing note as note 1.
New note 2 explains that a person's HELP balance in relation to the unit of study in question is re-credited and draws reference to subsection 1 see item 6 which inserts new section The student begins repaying the financial supplement debt from the tax return for the financial year in which the contract period ends, PROVIDED their income is above the specified level.
If the student is required to make a repayment for a financial year, the amount is included in the ATO assessment notice provided to the student. The amount of financial supplement debt a student is required to repay for a financial year depends on the level of their taxable income. Policy reference: SS Guide 3.
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