Commonwealth of Australia
Higher Education Support Act 2003
HECS-HELP BENEFIT GUIDELINES
Guidelines made under section 238-10 of the Higher Education Support Act 2003
I, Julia Gillard, Minister for Education pursuant to section 238-10 of the Higher Education Support Act 2003 (‘the Act’), make the attached HECS-HELP Benefit Guidelines, which provide for matters under Part 4-2 of the Act.
Dated this 21st day of November 2008.
───────────────────────
JULIA GILLARD
Minister for Education
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
HECS-HELP BENEFIT GUIDELINES
(i) CITATION
These guidelines may be cited as the ‘HECS-HELP Benefit Guidelines’.
(ii) AUTHORITY
These guidelines are made under section 238-10 of the Higher Education Support Act 2003, for the purposes of Part 4-2 of the Act.
(iii) DATE OF EFFECT
These guidelines shall come into effect on the day after the day on which they are registered on the Federal Register of Legislative Instruments.
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
HECS-HELP BENEFIT GUIDELINES
TABLE OF CONTENTS
CHAPTER 1 INTRODUCTION 3
1.1 PURPOSE 3
1.5 INTERPRETATION 3
CHAPTER 2 ELIGIBILITY REQUIREMENTS 6
2.1 PURPOSE 6
2.5 ELIGIBILITY REQUIREMENTS FOR MATHEMATICS OR SCIENCE GRADUATES 6
2.10 ELIGIBLE OCCUPATIONS FOR A MATHEMATICS OR SCIENCE GRADUATE 6
2.15 ELIGIBILITY REQUIREMENTS FOR EARLY CHILDHOOD EDUCATION TEACHERS 10
CHAPTER 3 WORKING OUT AN ELIGIBLE PERSON’S HECS-HELP BENEFIT FOR AN INCOME YEAR 12
3.1 PURPOSE 12
3.5 MAXIMUM HECS-HELP BENEFIT AMOUNT FOR AN INCOME YEAR 12
3.10 WORKING OUT A PERSON’S HECS-HELP BENEFIT FOR AN INCOME YEAR 12
3.15 EXAMPLES OF CALCULATING THE HECS-HELP BENEFIT 14
CHAPTER 4 APPLYING FOR THE HECS-HELP BENEFIT 19
4.1 PURPOSE 19
4.5 MANNER OF APPLICATION 19
4.10 INFORMATION THAT THE FORM MUST CONTAIN 19
4.15 TIME WITHIN WHICH AN APPLICATION MUST BE MADE 19
CHAPTER 5 NOTIFICATION OF DETERMINATIONS MADE BY THE COMMISSIONER 20
5.1 PURPOSE 20
5.5 TIME WITHIN WHICH NOTIFICATION OF A DETERMINATION MUST BE MADE 20
CHAPTER 1 INTRODUCTION
1.1 PURPOSE
1.1.1 The purpose of these guidelines is to specify:
(a) the eligibility requirements for the HECS-HELP benefit;
(b) how the amount of an eligible person’s HECS-HELP benefit for an income year is worked out;
(c) the form, manner and time within which an eligible person must apply for the HECS‑HELP benefit;
(d) the time within which the Commissioner must notify an applicant of a determination of the person’s HECS-HELP benefit.
1.5 INTERPRETATION
1.5.1 In these guidelines, unless the contrary intention appears, terms used have the same meaning as in the Higher Education Support Act 2003.
1.5.5 In these guidelines, unless the contrary intention appears:
Act means the Higher Education Support Act 2003;
Completion, in relation to a course of study, means successful completion of the academic requirements of the higher education provider at which that course of study was undertaken, and completed has an equivalent meaning;
Debt incurred at course completion means a person’s relevant debt multiplied by the HELP debt indexation factor as at 1 June each year after completion of the course of study;
In this definition, the term HELP debt indexation factor includes reference to the factor specified in section 106N of the Higher Education Funding Act 1988 where the person completed the course of study prior to 1 January 2005.
Early childhood education teacher means a person who:
(a) completed an early childhood education teaching course in whole or in part as a Commonwealth supported or HECS liable student; and
(b) has a debt incurred at course completion in respect of that course; and
(c) spends the majority of the time during an employed week in which they are employed in an early childhood setting teaching children aged 0-5 years but does not include a person who is employed as a primary education teacher; non-teaching child care director, coordinator, manager, preschool aide or other non‑teaching assistant and who does not meet this requirement.
Early childhood education teaching course means a course that leads to the award of a qualification that is recognised by a State or Territory Government as meeting the requirements to teach early childhood education;
Early childhood setting means a facility providing education and / or childcare services to children aged 0-5 years (that is, prior to the first year of compulsory schooling) including child care centres, preschools and kindergartens and excludes primary school settings.
Eligible Occupation means, for a person who is:
(a) a mathematics or science graduate: an occupation specified in subsection 2.10.1 of these guidelines;
(b) an early childhood education teacher: an occupation in which the person meets the requirements of paragraph (c) of the definition of early childhood education teacher that is undertaken in a location specified in paragraph 2.15.1.20;
Employed means having earned income in relation to an eligible occupation for an income year where the person is a resident of Australia for taxation purposes;
Employed Week, in relation to an income year, means a week in the year, which does not include a day that is before 1 July 2008, during which a person is employed in an eligible occupation for at least 15 hours, including any period of paid or unpaid leave, or, if the week includes only some days in the income year, at least 15 hours divided by 7 and multiplied by the number of such days, rounded down to the nearest hour;
Entitlement weeks means for a person who is:
(a) a mathematics or science graduate, 260 weeks minus the number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit for all income years for the person as a mathematics or science graduate;
(b) an early childhood education teacher, 260 weeks minus the number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit for all income years for the person as an early childhood education teacher;
Form means the form referred to in section 4.5;
HECS liable student means a contributing student as defined in section 34 of the Higher Education Funding Act 1988;
Majority means more than fifty per cent;
Mathematics or science graduate means a person who:
(a) completed an undergraduate natural and physical science course of study in or later than second semester 2008; and
(b) was a Commonwealth supported student for some or all of that course; and
(c) has a debt incurred at course completion in respect of that course;
Natural and physical science course of study means a course of study in the field of natural and physical sciences, as defined in subitem 13(4) of Schedule 2 of the Higher Education Support Amendment (2008 Budget Measures) Act 2008;
Relevant debt means:
(a) for a person who is a mathematics or science graduate:
the sum of:
(i) the person’s accumulated HELP debt plus any HECS-HELP debts that have been incurred but which have not yet become part of the person’s accumulated HELP debt, at the time of completion of the person’s natural and physical science course of study (‘relevant course of study’); and
(ii) any amounts on account of the HELP debt indexation factor applied to those debts (in accordance with the Act) on or before completion of the relevant course of study;
minus the sum of:
(iii) any voluntary discharge of the amounts referred to in paragraphs (a)(i) or (a)(ii), in accordance with Division 151 of the Act, on or before completion of the relevant course of study; and
(iv) any compulsory discharge of the amounts referred to in paragraphs (a)(i) or (a)(ii), in accordance with Division 154 of the Act, on or before completion of the relevant course of study; and
(v) any other discharge of the amounts referred to in paragraphs (a)(i) and (a)(ii) other than as a HECS-HELP benefit on or before completion of the relevant course of study; and
(b) for a person who is an early childhood education teacher:
the sum of:
(i) the person’s accumulated HELP debt plus any HECS-HELP debts that have been incurred but which have not yet become part of the person’s accumulated HELP debt, at the time of completion of the person’s early childhood education teacher course of study (‘relevant course of study’); and
(ii) any amounts on account of the HELP debt indexation factor applied to those debts (in accordance with the Act) on or before completion of the relevant course of study;
minus the sum of:
(iii) any voluntary discharge of the amounts referred to in paragraphs (b)(i) or (b)(ii), in accordance with Division 151 of the Act, on or before completion of the relevant course of study; and
(iv) any compulsory discharge of the amounts referred to in paragraphs (b)(i) or (b)(ii), in accordance with Division 154 of the Act, on or before completion of the relevant course of study; and
(v) any other discharge of the amounts referred to in paragraphs (b)(i) and (b)(ii) other than as a HECS-HELP benefit on or before completion of the relevant course of study.
Where some or all of the early childhood education teacher course of study was undertaken prior to 1 January 2005, the terms accumulated HELP debt, HECS‑HELP debts and HELP debt indexation factor in this definition respectively include any accumulated HEC debt, semester debt as defined in the Higher Education Funding Act 1988 (HEFA) and any amount on account of indexation factor applied to those debts under HEFA.
Second semester 2008 means a teaching period whether described by a higher education provider as a semester or by any other name that commences after 30 June 2008 and on or before 31 December 2008.
Week, in relation to an income year, means a calendar week in that year, or where a calendar week includes only some days that are in the income year, the days in that calendar week that are in the income year.
1.5.10 Terms in these guidelines that are in italics have the meaning stated in subsection 1.5.5 of these guidelines.
CHAPTER 2 ELIGIBILITY REQUIREMENTS
2.1 PURPOSE
2.1.1 The purpose of this chapter is to specify the eligibility requirements for the HECS-HELP benefit for a person in respect of an income year for the purposes of section 157-1 of the Act.
2.5 ELIGIBILITY REQUIREMENTS FOR MATHEMATICS OR SCIENCE GRADUATES
2.5.1 A person is eligible for the HECS-HELP benefit for an income year if the person is a mathematics or science graduate and the person satisfies all of the following requirements:
2.5.1.1 The person has not at any time between completion of the person’s natural and physical science course of study and the end of the income year discharged in full their accumulated HELP debt;
2.5.1.5 The person has a compulsory repayment amount for the income year;
2.5.1.10 The person has one or more entitlement weeks as a mathematics or science graduate at the commencement of the income year;
2.5.1.15 The person has at least one employed week in the income year in an eligible occupation as a mathematics or science graduate;
2.5.1.20 The HECS-HELP benefit determined by the Commissioner for the person as a mathematics or science graduate for all previous income years is less than the person’s debt incurred at course completion as a mathematics or science graduate.
2.10 ELIGIBLE OCCUPATIONS FOR A MATHEMATICS OR SCIENCE GRADUATE
2.10.1 An eligible occupation for a mathematics or science graduate is an occupation that is specified in the table below or is determined in writing by the Minister for the purposes of this subsection:
OCCUPATION
DESCRIPTION
Actuary
Analyses mathematical, statistical, demographic, financial or economic data to predict and assess the long-term risk involved in financial decisions and planning.
Agricultural scientist
Studies commercial plants, animals and cultivation techniques to enhance the productivity of farms and agricultural industries.
Agronomist
Studies commercial plants, animals and cultivation techniques to enhance the productivity of farms and agricultural industries.
Biochemist
Studies the biochemistry of living organisms and the molecular structure and function of related components.
Biologist
Studies the origin, anatomy, physiology, reproduction and behaviour of living organisms and the ways in which they interact with the environment in which they live.
Biophysicist
Studies the structure and function of biological molecules, cells and organisms using the principles and methods of physics.
Botanist
Studies the anatomy, physiology, biochemistry and ecology of plants.
Chemist (not dispensing pharmacist)
Studies the chemical and physical properties of substances and develops and monitors chemical processes and production.
Chemistry technician
Performs laboratory tests on organic and inorganic chemicals, analyses test data and carries out technical functions in support of Chemists or Chemical Engineers in a wide variety of areas such as fuels, agricultural products, food, pharmaceuticals, paints, metals, plastics, textiles, detergents, paper, fertilisers and cosmetics.
Ecologist
Studies and develops policies and plans for the control of factors which may produce pollution, imbalance or degradation of the environment.
Environmental scientist
Studies, develops, implements and advises on policies and plans for managing and protecting the environment, flora, fauna and other natural resources.
Forester
Studies, develops and manages forest areas to maintain commercial and recreational uses, conserve flora and fauna, and protect against fire, pests and diseases.
Geologist
Studies the composition, structure and other physical attributes of the earth to increase scientific knowledge and to develop practical applications in fields such as mineral exploitation, civil engineering, environmental protection and rehabilitation of land after mining.
Geophysicist
Studies the composition, structure and other physical attributes of the earth, locates minerals, petroleum or ground water, and detects, monitors and forecasts seismic, magnetic, electrical, geothermal and oceanographic activity.
Laboratory assistant
Assists scientists in the physical, chemical, biological or life sciences by collecting and preparing samples, carrying out experiments, making measurements with scientific equipment, recording results and presenting results for critical analysis.
Laboratory technician
Performs tests and experiments, and provide technical support functions to assist with research, design, production and teaching in chemistry, earth sciences, life sciences, and physical sciences.
Life scientist
Examines the anatomy, physiology and biochemistry of humans, animals, plants and other living organisms to better understand how living organisms function and interact with each other and the environment in which they live.
Mathematician
Develops and applies mathematical principles and techniques to solve problems in all areas of the sciences, engineering, technology, social sciences, business, industry and commerce.
Medical laboratory scientist
Conducts medical laboratory tests to assist in the diagnosis, treatment and prevention of disease.
Medical laboratory technician
Performs routine medical laboratory tests and operates diagnostic laboratory equipment under the supervision of Medical Laboratory Scientists and Pathologists.
Medical physicist
Applies scientific knowledge and engineering and technological skills to help prevent, diagnose and treat diseases and health conditions, and develops, tests and evaluates specialist equipment.
Medical technician
Operates anaesthetic, cardiac, operating theatre and medical testing equipment, performs and assists with laboratory tests, and fills prescriptions in support of Health Professionals.
Metallurgist
Researches, develops, controls and provides advice on processes used in extracting metals from their ores, and processes used for casting, alloying, heat treating or welding refined metals, alloys and other materials to produce commercial metal products or develop new alloys and processes.
Meteorologist
Studies the physics and dynamics of the atmosphere to increase understanding of weather and climate, and to forecast changes in the weather and long-term climatic trends.
Microbiologist
Studies microscopic forms of life such as bacteria, viruses and protozoa.
Park ranger or ranger –environmental/cultural/guide
Assists in controlling a State or national park, scenic area, historic site, nature reserve, recreation area or conservation reserve in accordance with authorised policies and priorities.
Physicist
Studies matter, space, time, energy, forces and fields, and the interrelationship between these physical phenomena, to further understanding of the laws governing the behaviour of the universe; and seeks to apply these laws to solve practical problems and discover new information about the earth and the universe.
Physiologist
Studies the anatomy and physiology of humans.
Primary school teacher
Teachers a range of subjects within a prescribed curriculum to primary school students.
Secondary school teacher of mathematics or science
Teaches mathematics or science subjects within a prescribed curriculum to secondary school students, as the majority of the teacher’s teaching activity in relation to each employed week.
Soil scientist
Studies the location, composition and characteristics of soils to improve soil management, ensure soil conservation, classify soil types and increase soil productivity.
Soil technician
Collects and tests earth and water samples, records observations and analyses data in support of Geologists or Geophysicists.
Statistician
Designs and applies statistical principles and techniques for collecting, organising and interpreting quantifiable data, and uses statistical methodologies to produce statistical reports and analyses for government, commercial and other purposes.
Technical officer
Performs tests and experiments, and provide technical support functions to assist with research, design, production and teaching in chemistry, earth sciences, life sciences, and physical sciences.
Zoologist
Studies the anatomy, physiology, characteristics, ecology, behaviour and environments of animals.
2.15 ELIGIBILITY REQUIREMENTS FOR EARLY CHILDHOOD EDUCATION TEACHERS
2.15.1 A person is eligible for the HECS-HELP benefit for an income year if the person is an early childhood education teacher and the person satisfies all of the following requirements:
2.15.1.5 The person has not at any time between completion of the person’s early childhood education teaching course and the end of the income year discharged in full their accumulated HELP debt;
2.15.1.10 The person has one or more entitlement weeks as an early childhood education teacher at the commencement of the income year;
2.15.1.15 The HECS-HELP benefit determined by the Commissioner for the person as an early childhood education teacher for all previous income years is less than the person’s debt incurred at course completion as an early childhood education teacher;
2.15.1.20 The person has at least one employed week in the income year in an eligible occupation as an early childhood education teacher in a postcode location specified in the following table, which lists postcodes for regional or remote areas, Indigenous Australian communities or areas of high socio‑economic disadvantage, or a postcode determined in writing by the Minister for the purposes of this paragraph.
State
Postcode
ACT/NSW
2017-2018, 2094, 2128, 2141-2144, 2160-2166, 2168, 2170, 2174, 2177, 2190-2192, 2194-2200, 2204, 2256, 2262-2263, 2281, 2284, 2294-2298, 2303-2304, 2306-2308, 2312, 2319, 2324-2327, 2329, 2338, 2341, 2343, 2346-2347, 2355-2357, 2359-2361, 2365, 2369, 2370-2372, 2379-2382, 2386-2388, 2390, 2395-2406, 2408-2411, 2415, 2422-2431,2440-2441, 2243, 2447-2449, 2452-2553, 2455-2456, 2460, 2462-2463, 2465-2466, 2469-2477, 2485, 2502, 2505-2506, 2518, 2528, 2536, 2540-2541, 2545-2546, 2551, 2555, 2559, 2564, 2566, 2581, 2584-2585, 2587-2588, 2590, 2609, 2623, 2633, 2645, 2648-2650, 2653, 2660-2661, 2663, 2668, 2672, 2675, 2700, 2702, 2706, 2711-2712, 2715, 2717, 2720, 2722, 2725-2726, 2730-2731, 2739, 2760, 2767, 2770, 2790-2795, 2797, 2805-2810, 2820-2821, 2823-2825, 2827-2836, 2839-2840, 2842-2849, 2852, 2864, 2868-2871, 2873-2880, 2898-2899
VIC
3011-3012, 3019-3022, 3025, 3031, 3046-3048, 3051, 3053, 3060-3061, 3065-3066, 3072-3075, 3081, 3086, 3169, 3171, 3173-3175, 3177, 3200, 3214, 3219, 3236, 3250-3251, 3264, 3304, 3310-3311, 3317, 3319, 3322, 3324, 3335, 3338, 3355-3356, 3360, 3370-3371, 3373, 3377, 3380, 3390, 3392-3393, 3412, 3414, 3423, 3450, 3460, 3464-3465, 3467, 3469, 3472, 3475, 3478, 3480, 3485, 3496, 3500, 3505, 3516-3518, 3520, 3523, 3527, 3533, 3540, 3546, 3549, 3555-3556, 3558, 3566, 3575, 3580, 3588, 3591, 3594-3595, 3612, 3618, 3621, 3629-3630, 3638-3639, 3641, 3644, 3660, 3666, 3672, 3677, 3699, 3713, 3732-3733, 3737, 3799, 3825, 3833, 3835, 3840, 3842, 3858, 3865, 3885-3888, 3872-3888, 3890, 3892-3893, 3895-3896, 3909, 3915, 3939-3940, 3950, 3962, 3965-3967, 3971, 3976, 3984, 3989, 3995
State
Postcode
QLD
4008, 4019, 4021, 4074, 4076-4077, 4110, 4114, 4117, 4131-4132, 4153, 4183-4184, 4205, 4207, 4215, 4225, 4287, 4303-4306, 4310-4313, 4341-4343, 4345-4347, 4352-4353, 4355, 4357, 4362, 4365, 4370-4373, 4377-4378, 4380, 4383-4385, 4387-4388, 4390, 4401-4402, 4405-4408, 4410-4413, 4415-4428, 4454-4455, 4461-4462, 4465-4468, 4470-4472, 4474-4475,4477-4482, 4486-4494, 4496-4498, 4501, 4507-4508, 4510, 4515, 4570-4571, 4574, 4580, 4600-4601, 4605-4606, 4608, 4610-4615, 4620-4621, 4625-4627, 4630, 4650, 4655, 4659-4660, 4662, 4670-4671, 4673-4674, 4676-4678, 4680, 4694-4695, 4697, 4699, 4700-4707, 4709, 4711-4728, 4730-4733, 4735-4746, 4750-4751, 4753-4754, 4756-4757, 4798-4800, 4802-4812, 4814-4825, 4828-4830, 4849-4850, 4852, 4854-4861, 4865, 4868-4888, 4891, 4895
SA
5007-5008, 5010-5015, 5017, 5019, 5023, 5031, 5033, 5035, 5043, 5047, 5074-5075, 5084-5086, 5088, 5094, 5107-5108, 5110, 5112-5113, 5115-5116, 5120, 5163-5166, 5168, 5173, 5203, 5214, 5221, 5238, 5253, 5256, 5259-5260, 5263-5265, 5277-5280, 5090, 5301, 5304, 5309, 5311, 5320-5322, 5330-5331, 5340-5346, 5354, 5357, 5374, 5381, 5401, 5411-5414, 5421-5422, 5431, 5433-5434, 5440, 5470, 5472-5473, 5495, 5520-5522, 5540, 5550, 5554, 5556, 5558, 5570-5571, 5573, 5575-5577, 5580-5583, 5601, 5603, 5605-5606, 5608, 5670, 5690, 5700, 5710, 5720, 5722-5725, 5730-5734
WA
6017-6018, 6022, 6037, 6043-6044, 6061, 6064, 6102-6103, 6109, 6167-6168, 6213, 6218, 6220-6221, 6224-6225, 6229, 6239, 6254, 6258, 6262, 6304, 6306, 6308-6309, 6317, 6330, 6335, 6346, 6348, 6355-6356, 6359, 6370, 6372, 6383-6384, 6398, 6401, 6403, 6405, 6409-6410, 6418-6419, 6421-6432, 6434-6438, 6440, 6442-6443, 6445-6448, 6450, 6452, 6460-6461, 6463, 6467-6468, 6470, 6472-6473, 6475-6477, 6479, 6484-6485, 6487-6488, 6490, 6511, 6514, 6530, 6532, 6535-6537, 6560, 6564, 6569, 6612, 6620, 6623, 6625, 6627-6628, 6630-6632, 6635, 6638-6640, 6642, 6646, 6701, 6705, 6707, 6710-6714, 6716, 6718, 6720-6723, 6725-6726, 6728, 6731, 6733, 6740, 6743, 6751, 6753-6754, 6758, 6760-6762, 6765, 6770, 6798-6799
TAS
7009-7011, 7016, 7019, 7027, 7030, 7112-7113, 7116-7117, 7119-7120, 7139-7140, 7150, 7163, 7172-7180, 7182-7187, 7190, 7209-7211, 7213-7216, 7248, 7253, 7255-7257, 7259-7261, 7263-7265, 7270, 7301-7302, 7304-7306, 7310, 7315, 7320-7322, 7325, 7330-7331, 7466-7470
NT
0800, 0810, 0812, 0820, 0822, 0828, 0830, 0832, 0835-0838, 0840-0841, 0845-0847, 0850, 0852-0854, 0860, 0862, 0870, 0872, 0880, 0885-0886
CHAPTER 3 WORKING OUT AN ELIGIBLE PERSON’S HECS-HELP BENEFIT FOR AN INCOME YEAR
3.1 PURPOSE
3.1.1 The purpose of this chapter is to specify how an eligible person’s HECS-HELP benefit amount for an income year is worked out for the purpose of subsection 157-15(1) of the Act.
3.5 MAXIMUM HECS-HELP BENEFIT AMOUNT FOR AN INCOME YEAR
3.5.1 The maximum HECS-HELP benefit for a mathematics or science graduate is $1,500 for the 2008-09 income year. For each subsequent income year it is the amount specified in subsection 3.5.10.
3.5.5 The maximum HECS-HELP benefit for an early childhood education teacher is $1,600 for the 2008-09 income year. For each subsequent income year it is the amount specified in subsection 3.5.10.
3.5.10 The maximum HECS-HELP benefit for an income year that is later than the 2008-09 income year is worked out by multiplying the maximum HECS-HELP benefit for the previous income year by the HELP debt indexation factor (as calculated in accordance with section 140‑10 of the Act) for 1 June in the financial year that coincides with that previous income year.
3.10 WORKING OUT A PERSON’S HECS-HELP BENEFIT FOR AN INCOME YEAR
Mathematics or science graduate
3.10.1 The HECS-HELP benefit amount for an income year that must be determined by the Commissioner for a person who is to receive the benefit as a mathematics or science graduate is the smallest of the three amounts worked out in paragraphs 3.10.1.1, 3.10.1.5 and 3.10.1.10 (“Benefit 3.10.1”), unless subsection 3.10.10 applies, in which case the HECS-HELP benefit amount is Benefit 3.10.1 multiplied by the Reduction Factor specified in subsection 3.10.10.
3.10.1.1 The amount worked out using the following formula:
A
÷
52
x
B
Where:
A = the maximum HECS‑HELP benefit amount for a mathematics or science graduate for the income year, calculated in accordance with subsections 3.5.1 and 3.5.10; and
B = the number of employed weeks for the person in the income year that does not exceed the lesser of 52 weeks and the person’s entitlement weeks;
3.10.1.5 The compulsory repayment amount for the person for that income year; or
3.10.1.10 The person’s debt incurred at course completion as at the time of the determination in respect of the course that qualifies the person to be a mathematics or science graduate minus the sum of the HECS‑HELP benefit amounts that the Commissioner has determined for all income years for the person as a mathematics or science graduate.
Early childhood education teacher
3.10.5 The HECS-HELP benefit amount for an income year that must be determined by the Commissioner for a person who is to receive the benefit as an early childhood education teacher is the smallest of the four amounts worked out in paragraphs 3.10.5.1, 3.10.5.5, 3.10.5.10 and 3.10.5.15 (“Benefit 3.10.5”), unless subsection 3.10.10 applies, in which case the HECS-HELP benefit amount is Benefit 3.10.5 multiplied by the Reduction Factor specified in subsection 3.10.10.
3.10.5.1 The amount worked out using the following formula:
A
÷
52
x
B
Where:
A = the maximum HECS‑HELP benefit amount for an early childhood education teacher for the income year, calculated in accordance with subsections 3.5.5 and 3.5.10; and
B = the number of employed weeks for the person in the income year that does not exceed the lesser of 52 weeks and the person’s entitlement weeks;
3.10.5.5 if the person has a compulsory repayment amount, the compulsory repayment amount for the person for that income year;
3.10.5.10 if no compulsory repayment amount is required for that income year, the amount of the person’s accumulated HELP debt for that income year; or
3.10.5.15 the person’s debt incurred at course completion as at the time of the determination in respect of the course that qualifies the person to be an early childhood education teacher minus the sum of the HECS‑HELP benefit amounts that the Commissioner has determined for all income years for the person as an early childhood education teacher.
Both a mathematics or science graduate and an early childhood education teacher
3.10.10 This section applies if a person is eligible for a HECS-HELP benefit in an income year:
(a) as both a mathematics or science graduate and an early childhood education teacher; and
(b) the person has a compulsory repayment amount for that income year (CR); and
(c) the sum of Benefit 3.10.1 and Benefit 3.10.5 exceeds the person’s compulsory repayment amount for that income year.
The Reduction Factor is:
CR
÷
Combined Benefits
with the result rounded to six decimal places with 0.0000005 to be rounded down
where
“Combined Benefits”
=
Benefit 3.10.1
+
Benefit 3.10.5
3.10.10.1 If 3.10.10 applies, then, with reference to paragraphs (a) and (b) of the definition of the term "entitlement weeks" in subsection 1.5.5 above, the ‘number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit’ under subsections 3.10.1 and 3.10.5, respectively for the income year is taken to be the result of the following calculation rounded to the nearest whole number of weeks with 0.5 to be rounded down:
For paragraph (a):
Value of B in 3.10.1.1
x
Reduction Factor
(as calculated in subsection 3.10.10)
For paragraph (b):
Value of B in 3.10.5.1
x
Reduction Factor
(as calculated in subsection 3.10.10)
3.15 EXAMPLES OF CALCULATING THE HECS-HELP BENEFIT
3.15.1 The following examples are provided to illustrate the calculation of the HECS-HELP benefit.
Example 1
Anna completed an eligible undergraduate science degree in November 2008 and worked as a chemistry technician from January 2009 to June 2009 for a period of 26 employed weeks in the 2008-09 income year.
Anna had incurred a HELP debt of $12,000 upon completion of her science degree.
Anna lodges her 2008-09 income tax return in August 2009 and applies for the HECS‑HELP benefit at the same time.
Her repayment income is $60,000 and her compulsory repayment amount is $3,600.
Anna’s HECS-HELP benefit amount is calculated as follows:
Maximum HECS‑HELP benefit amount for the income year for a mathematics or science graduate
÷
52
x
Number of employed weeks for the person in the income year
=
HECS‑HELP benefit for income year
$1,500
÷
52
x
26
=
$750
The Commissioner determines that Anna’s HECS-HELP benefit is $750. Anna is required to make a HELP repayment of $2,850 ($3,600 - $750) (section 154-3 of the Act).
Anna’s accumulated HELP debt is reduced by her compulsory repayment amount (ie $3,600) (Step 4 of the Method Statement under subsection 140-5(1) of the Act).
Example 2
Max completed an early childhood education teaching course of study in 2007.
He was employed as a preschool teacher in an eligible remote area for the entire 2008‑09 income year.
Max lodges his 2008-09 income tax return in July 2009 and applies for the HECS-HELP benefit at the same time.
His repayment income is $28,000 and his accumulated HELP debt is $10,000.
Max’s repayment income is below the minimum repayment threshold and no compulsory HELP repayment is required.
Max is eligible for the maximum HECS-HELP benefit as an early childhood education teacher, which is $1,600.
The Commissioner determines that Max’s HECS-HELP benefit is $1,600. Max’s accumulated HELP debt is reduced by $1,600 to $8,400 (Step 4A of the Method Statement under subsection 140-5(1) of the Act).
Example 3
Sharon completed an undergraduate science degree course of study at the end of 2008.
She has worked as a laboratory assistant since January 2009 and received a HECS‑HELP benefit in each income year prior to 2015-16. The Commissioner had determined a HECS‑HELP benefit as a mathematics or science graduate for all income years for a total of 228 employed weeks.
Sharon lodges her 2015-16 income tax return and applies for the HECS-HELP benefit at the same time. Sharon was employed for 40 employed weeks in 2015-16.
Her accumulated HELP debt is $2,000 and her repayment income in 2015-16 is $70,000
The number of entitlement weeks for Sharon as a mathematics or science graduate is:
260 weeks
–
The number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit for all previous income years as a mathematics or science graduate.
That is: 260 – 228 = 32 weeks
Although Sharon was employed for 40 employed weeks she will only be entitled to receive the HECS-HELP benefit for 32 weeks as this is all that remains in relation to her entitlement weeks.
Sharon will then have received her full entitlement to a HECS-HELP benefit in respect to her eligible undergraduate science degree.
Example 4
Ben completed an undergraduate science degree at the end of 2008. He had also previously completed an early childhood education teaching course in 2001.
Ben was employed for 15 hours per week as a preschool teacher in an eligible remote area for the 50 weeks in the 2008‑09 income year. He also worked for 15 hours per week for 40 weeks as a teacher in a primary school over the same period.
Ben is eligible for the HECS-HELP benefit as both a mathematics or science graduate and an early childhood education teacher.
Ben’s repayment income is $50,000 and his compulsory repayment amount is $2,250.
Ben’s HECS-HELP benefit that would have been worked out under each of those subsections ("Benefit 3.10.1" and "Benefit 3.10.5", respectively) is:
For subsection 3.10.1 (Mathematics and science graduate):
A
÷
52
x
B
1500
÷
52
x
40
= $1153.85
For subsection 3.10.5 (Early childhood education teacher):
A
÷
52
x
B
1600
÷
52
x
50
= $1538.46
As the sum of these amounts ($2692.31) is greater than Ben’s compulsory repayment amount ($2250), for the purposes of their respective subsections, each of the two benefit amounts is reduced by the “Reduction Factor”.
The Reduction Factor is:
CR
÷
Combined Benefits
where
“Combined Benefits”
=
Benefit 3.10.1
+
Benefit 3.10.5
$2250
÷
$2692.31
= 0.835713
For the purposes of subsection 3.10.1, the amount of Benefit (3.10.1) is reduced to:
Reduction Factor
x
Preliminary Benefit (3.10.1)
0.835713
x
$1153.85
= $964.29
For the purposes of subsection 3.10.5, the amount of Benefit (3.10.5) is reduced to:
Reduction Factor
x
Benefit (3.10.5)
0.835713
x
$1538.46
= $1285.71
Entitlement weeks
In addition, with reference to paragraphs (a) and (b) of the definition of the term "entitlement weeks" in subsection 1.5.2, the ‘number of weeks in respect of which the Commissioner has determined a HECS-HELP benefit’ for Ben under subsections 3.10.1 and 3.10.5, respectively for the 2008-09 income year is taken to be the result of the following calculation rounded to the nearest whole number of weeks with 0.5 to be rounded down:
For paragraph (a) of the definition of “entitlement weeks”, the number of weeks is:
Value of B
in 3.10.1.1
x
Reduction Factor
(as calculated in subsection 3.10.10)
40
x
0.835713
= 33.43 weeks rounded to 33 weeks.
For paragraph (b) of the definition of “entitlement weeks”, the number of weeks is:
Value of B
in 3.10.5.1
x
Reduction Factor
(as calculated in subsection 3.10.10)
50
x
0.835713
= 41.79 weeks rounded to 42 weeks
Ben will have 33 weeks deducted from his entitlement weeks as a mathematics or science graduate and 42 weeks deducted from his entitlement weeks an early childhood education teacher.
CHAPTER 4 APPLYING FOR THE HECS-HELP BENEFIT
4.1 PURPOSE
4.1.1 The purpose of this chapter is to specify for the purposes of subsection 157-5 of the Act the:
(a) manner in which a person must apply to the Commissioner for the HECS-HELP benefit;
(b) information that must be included in the form; and
(c) time within which the application must be made to the Commissioner.
4.5 MANNER OF APPLICATION
4.5.1 An application must be made in the form approved in writing by the Commissioner.
4.5.5 A person must complete, sign and submit the form to the Commissioner in respect of the income year for which they are applying. It must contain the information that the form requires.
4.5.10 A person must submit the form in accordance with the instructions determined in writing by the Commissioner.
4.5.15 An application is not valid unless the person lodges an income tax return for the income year or advises the Commissioner that they are not required to lodge a return for the income year.
4.10 INFORMATION THAT THE FORM MUST CONTAIN
4.10.1 The form must contain the information required to identify the person and enable their eligibility for the HECS-HELP benefit to be determined. The form may require documents or other information to be attached to the form.
4.15 TIME WITHIN WHICH AN APPLICATION MUST BE MADE
4.15.1 An application must be submitted no later than two years after the end of the income year for which a person is applying for the HECS-HELP benefit.
CHAPTER 5 NOTIFICATION OF DETERMINATIONS MADE BY THE COMMISSIONER
5.1 PURPOSE
5.1.1 The purpose of this chapter is to specify for the purposes of subsection 157-25 of the Act the time within which the Commissioner must notify an applicant in writing of his or her determination of the person’s HECS-HELP benefit.
5.5 TIME WITHIN WHICH NOTIFICATION OF A DETERMINATION MUST BE MADE
5.5.1 The Commissioner must notify a person in writing of the Commissioner’s determination of the person’s HECS-HELP benefit on or before 60 days after the day on which the Commissioner has made the determination.
