Commonwealth Numbered Acts Commonwealth Numbered Acts
Higher Education Support Act 2003
1 After paragraph 140‑1(2)(d)
Insert:
; and (e) if compulsory repayment amounts are not required to be paid in respect of the debt--the * HECS‑HELP benefit (if any).
2 Subsection 140‑5(1) (method statement, after step 4)
Insert:
Step 4A. In respect of that period, subtract the amount of * HECS‑HELP benefit (if any) determined, in respect of the person, by the * Commissioner under section 157‑20 for an * income year, if the person did not have any * compulsory repayment amounts for that year.
3 Subsection 140‑5(1) (after step 4 of the example)
Insert:
Step 4A: Does not apply because Lorraine does not satisfy the eligibility requirements for the HECS‑HELP benefit.
4 At the end of section 140‑5
Add:
(3) If a determination by the * Commissioner under section 157‑20 is reviewed under Part 5‑7:
(a) the reference in step 4A of the method statement in subsection (1) to the determination includes a reference to the decision on review; and
(b) to the extent that the decision on review affects any step in the method statement--the decision on review must be taken into account in working out a person's * former accumulated HELP debt under this section.
5 Section 148‑1 (second paragraph)
Repeal the paragraph, substitute:
The person is required to make repayments, of amounts based on his or her income, if that income is above a particular amount. The Commissioner of Taxation makes assessments of repayment amounts, which are collected in the same way as amounts of income tax.
Repayment amounts may be reduced by the HECS‑HELP benefit. To receive the benefit, a person must satisfy eligibility requirements and apply for it. The Commissioner determines whether a person is eligible for the benefit, and if so, the amount of the benefit.
6 At the end of Division 148
Add:
148‑5 The HECS‑HELP Benefit Guidelines
The * HECS‑HELP benefit is also dealt with in the HECS‑HELP Benefit Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The HECS‑HELP Benefit Guidelines are made by the Minister under section 238‑10.
7 Subsection 154‑1(1)
Omit "If", substitute "Subject to section 154‑3, if".
8 After section 154‑1
Insert:
154‑3 Reduction of liability by HECS‑HELP benefit
If the * Commissioner has determined, in respect of a person, an amount of * HECS‑HELP benefit under section 157‑20 for an * income year, the amount that the person is liable to pay under section 154‑1 for that year is reduced by the amount of the benefit.
Note 1: The calculation of a person's compulsory repayment amount under section 154‑1 remains unaffected. A person's accumulated HELP debt is reduced by compulsory repayment amounts under Division 140. The HECS‑HELP benefit reduces a person's liability that arises under section 154‑1, so that the amount that the person will actually pay (if any) will be less than the compulsory repayment amount calculated.
Note 2: If a determination is reviewed, a reference to the determination includes a reference to the decision on review, see section 157‑30.
9 At the end of section 154‑35
Add:
Note: The amount that the person will actually pay (if any) will be less than the amount mentioned in paragraph (b) if the person receives the HECS‑HELP benefit.
10 Section 154‑40
Before "If", insert "(1)".
11 At the end of section 154‑40
Add:
(2) If the * Commissioner has determined, in respect of the person, an amount of * HECS‑HELP benefit under section 157‑20 for the * income year, the notice of assessment for that year may also refer to the amount of the benefit.
Note: If a determination is reviewed, a reference to the determination includes a reference to the decision on review, see section 157‑30.
12 At the end of Subdivision 154‑D
Add:
154‑85 Reduction of compulsory repayment amount by HECS‑HELP benefit
(1) This section applies if the * Commissioner has determined, in respect of a person, an amount of * HECS‑HELP benefit under section 157‑20 for an * income year.
(2) For the purposes of this Subdivision, a * compulsory repayment amount of a person in respect of an * income year is to be reduced by the amount of * HECS‑HELP benefit determined by the * Commissioner in respect of the person for that year.
Note: If a determination is reviewed, a reference to the determination includes a reference to the decision on review, see section 157‑30.
13 At the end of Part 4‑2
Add:
Division 157 -- HECS‑HELP benefit
Subdivision 157‑A -- Who is eligible for the HECS‑HELP benefit?
157‑1 Application for the HECS‑HELP benefit
A person may apply to the * Commissioner for the * HECS‑HELP benefit in respect of an * income year if:
(a) the HECS‑HELP Benefit Guidelines set out eligibility requirements for the HECS‑HELP benefit; and
(b) the person satisfies those eligibility requirements.
An application for the * HECS‑HELP benefit must:
(a) be in writing; and
(b) be in the form required by the HECS‑HELP Benefit Guidelines; and
(c) provide all the information, and be accompanied by any documents, required by the HECS‑HELP Benefit Guidelines.
157‑10 Providing application to Commissioner
An application must be made in the manner, and within the time, specified in the HECS‑HELP Benefit Guidelines.
Subdivision 157‑B -- What is the amount of the HECS‑HELP benefit?
157‑15 Amount of HECS‑HELP benefit
(1) The amount of the * HECS‑HELP benefit for an * income year is the amount specified in, or worked out in accordance with, the HECS‑HELP Benefit Guidelines.
(2) If an amount is required to be paid under section 154‑1 for an * income year, the amount of the * HECS‑HELP benefit for that year must not be more than the amount required to be paid for that year.
Subdivision 157‑C -- Determination of applications
157‑20 Commissioner must determine application
(1) If a person applies for the * HECS‑HELP benefit for an * income year, the * Commissioner must determine:
(a) whether the person is eligible for the benefit for the year; and
(b) if the person is eligible--the amount of the benefit, worked out in accordance with the HECS‑HELP Benefit Guidelines.
Note: A determination is reviewable under Part 5‑7.
(2) A determination made under subsection (1) is not a legislative instrument.
157‑25 Notifying applicant of determination
The * Commissioner must notify the applicant, in writing, of his or her determination. The notice must be given within the time specified in the HECS‑HELP Benefit Guidelines.
Note: Notification may also be given to a person by referring to the amount of HECS‑HELP benefit in the person's notice of assessment, see subsection 154‑40(2).
157‑30 Review of determinations
If a determination by the * Commissioner under section 157‑20 is reviewed under Part 5‑7, a reference in this Part (other than this Division) to the determination includes a reference to the decision on review.
14 Section 206‑1 (after table item 4)
Insert:
|
4A |
A determination |
section 157‑20 |
the * Commissioner |
15 Subsection 238‑10(1) (after table item 4)
Insert:
|
4A |
HECS‑HELP Benefit Guidelines |
Part 4‑2 |
16 Clause 1 of Schedule 1
Insert:
"HECS-HELP benefit" means a benefit for an * income year that:
(a) if a * compulsory repayment amount is required to be paid--has the effect of reducing the amount actually payable for that year; and
(b) if a compulsory repayment amount is not required to be paid--reduces a person's * accumulated HELP debt for that year.
17 Application
The amendments made by this Schedule apply in respect of the 2008‑2009 and later income years.