(1) This Division applies if:
(a) the Secretary has paid an amount (the overpaid amount ) to a loan provider as subsidy, by way of a payment into a subsidised loan account for the benefit of a subsidised borrower (the debtor ); but
(b) the overpaid amount is not payable to the debtor under this Act.
(2) This Division applies in relation to a debtor who is not, or who has stopped being, a subsidised borrower as if the person were a subsidised borrower.