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Government Advice on HELP Remissions

The criteria for special circumstances are located in the Administrative Information for Providers:

42.5 - When must a provider re‑credit, remit, and/or repay?

A provider must re‑credit, remit and/or repay a person if they are satisfied, in respect of a unit of study, that the threshold criteria and the special circumstances test apply to the person.

Special circumstances apply to a person if, and only if, the provider is satisfied that circumstances apply to the person that:

• are beyond the person’s control

• do not make their full impact on the person until on, or after, the census date for the unit of study; and

• make it impracticable for the person to complete the requirements for the unit during the period in which the person undertook, or was to undertake, the unit [HESA sections 36-21 and 104-30].

Chapter 3 of the Administration Guidelines specifies the circumstances in which a provider can satisfy itself that special circumstances apply to the person. This chapter does not apply to OUA as a matter of law, but rather as a matter of departmental policy.

The person’s application for re-credit, remission or repayment may include any independent supporting documentation, for example, a letter from the person’s doctor or counsellor, to support the person’s claims.

Each application should be examined and determined on its merits. The provider should consider the person’s claims, together with any supporting documentary evidence that substantiates these claims.

Special circumstances

Chapter 3 of the Administration Guidelines specifies circumstances in which a provider will be satisfied that special circumstances apply to the person. This section summarises these requirements. More detailed guidance for decision-making is at Appendix J.

Special circumstances do not include, for example:

• lack of knowledge or understanding of the requirements under the schemes; or

• a person’s incapacity to repay a HELP debt, as repayments are income contingent and the person can apply for a deferral of a compulsory repayment in certain circumstances [HESA sections 154-45 and 36-21].

Special circumstances beyond a person’s control

Circumstances are beyond a person’s control if a situation occurs that a reasonable person would consider is not due to the person’s action or inaction, either direct or indirect, and for which the person is not responsible [Administration Guidelines section 3.5]. This situation must be unusual, uncommon or abnormal.

For example, a lack of knowledge of how HECS-HELP or FEE-HELP works is not considered beyond a person’s control.

Special circumstances that do not make full impact until on or after the census date

A provider will be satisfied that a person’s circumstances did not make their full impact on the person until on or after the census date for a unit of study if the person’s circumstances occur:

• before the census date, but worsen after that day

• before the census date, but the full effect or magnitude does not become apparent until on or after that day; or

• on or after the census date [Administration Guidelines section 3.10].

A person does not need to demonstrate they were prevented from withdrawing from the unit prior to the census date.

Special circumstances arising from pre-existing conditions

A pre-existing condition is not necessarily a basis to reject an application to re‑credit a person’s FEE-HELP balance or remit a person’s HECS-HELP debt.

For example, a person may have an illness, or other underlying, pre-existing condition or incapacity, prior to the census date for a unit of study, but have a reasonable expectation that they will recover and be able to complete the requirements of the unit.

A delegate must consider whether the person’s condition changed on or after the census date and when the full effect or magnitude of the circumstances became apparent, taking into account any additional circumstances, including continuation of a pre‑existing condition, that may have affected the person on or after the census date.

Special circumstances that made it impracticable for the person to complete the unit

A provider will be satisfied that a person’s circumstances make it impracticable for the person to complete the requirements for the unit of study during which the person undertook, or was to undertake, the unit, if circumstances such as the following occur [Administration Guidelines section 3.15]:

• Medical circumstances – for example, where a person’s medical condition has changed to such an extent that he or she is unable to continue studying.

• Family/personal circumstances – for example, death or severe medical problems within a family, or unforeseen family financial difficulties, so that it is unreasonable to expect a person to continue studies.

• Employment-related circumstances – for example, where a person’s employment status or arrangements have changed so the person is unable to continue their studies, and this change is beyond the person’s control.

• Course-related circumstances – for example, where the provider has changed the unit it had offered and the person is disadvantaged by either not being able to complete the unit, or not being given credit towards other units or courses.

A person is unable to complete the requirements for a unit, for example, if the person is unable to:

• undertake the necessary private study required, or attend sufficient lectures or tutorials or meet other compulsory attendance requirements in order to meet their compulsory course requirements

• complete the required assessable work

• sit the required examinations; or

• complete any other course requirements because of their inability to meet the above.

Consideration should also be given to whether at the time the person’s special circumstances emerged, it was already not practicable for the person to meet the requirements of the unit.

This situation may arise where a person has not met progressive requirements relating to compulsory assessment and/or attendance at classes for the unit of study.

For example, a person may have failed to sit the final examination and/or a special/supplementary examination on the basis of a special circumstance that applied at the time of the examination. If that person has not met the ongoing compulsory requirements of the unit of study, their failure to sit the final or special examination does not of itself make it impracticable for them to complete the unit of study.

In this case, the provider may make a decision not to re‑credit the person’s FEE-HELP balance or remit the person’s HECS-HELP debt.

Providers need to state these requirements for continuous assessment and attendance in the provider’s rules prior to the commencement of the unit and substantiated if the need arises.

A person, who has met the compulsory requirements of the unit, but still failed the unit, is also taken to have not completed the requirements of the unit. In this circumstance, providers should consider whether or not the person applied for a supplementary exam when evaluating whether the threshold criteria, including special circumstances, have been met.

It is best to have a chat with the students and request they apply for special circumstances if they will meet the requirements. The process for application and consideration lies with the provider.

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