AUSTUDY Regulations (Amendment) (Cth)

Statutory Rules 1998No. 33 1

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AUSTUDY Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Student and Youth Assistance Act 1973.

Dated 18 March 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

CHRISTOPHER ELLISON

Minister for Schools, Vocational Education and Training

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1.   Commencement

1.1   These Regulations commence on 20 March 1998.

2.   Amendment

2.1   The AUSTUDY Regulations are amended as set out in these Regulations.

3.   Regulation 22 (Excluded:  (b) students getting certain pensions and allowances)

3.1   Subregulation 22 (1):

Omit the subregulation, substitute:

 “(1) A student cannot get AUSTUDY living allowance if he or she gets:

• (a)

  a payment listed in Group A, AA or B in Schedule 11; or

• (b)

  benefit PP (partnered) under Part 2.10 of the Social Security Act 1991, in the circumstances stated in subregulations (1A) and (1C).

 “(1A) For paragraph (1) (b), the student was qualified for sole parent pension immediately before 20 March 1998, because of:

• (a)

  his or her partner being in gaol for a continuous period of at least 14 days; or

• (b)

  the illness or infirmity of his or her partner where the illness or infirmity:

• (i)

  resulted in the partner being unable to care for a child; and

• (ii)

  resulted in the student being unable to live together with the partner in a matrimonial home; and

• (iii)

  was, in the opinion of the Secretary to the Department of Social Security, likely to continue indefinitely.

 “(1B) In subregulation (1A):

‘partner’ has the same meaning as in the Social Security Act 1991.

 “(1C) Also for paragraph (1) (b), the situation stated in paragraph (1A) (a) or (b) still exists.”.

3.2   Paragraph 22 (2) (a):

Omit “parenting allowance,”, substitute “benefit PP (partnered) (other than in the circumstances stated in subregulations (1A) and (1C)),”.

Note   The following note should be added after regulation 22:

“3 ‘(PP)’ in ‘benefit (PP) partnered’ and ‘pension (PP) single’ stands for parenting payment: see s 18, Social Security Act 1991.”.

4.   Regulation 52 (Recognition of students with disabilities and students getting certain pensions)

4.1   Subparagraph 52 (1) (c) (i):

Omit “sole parent pension”, substitute “pension PP (single)”.

4.2   Subregulation 52 (1):

After paragraph 52 (1) (c), insert:

• “(ca)

  the student is receiving benefit PP (partnered) under Part 2.10 of the Social Security Act 1991 in the circumstances stated in subregulations 22 (1A) and (1C); or”.

5.   Regulation 55 (Students with disabilities and students getting certain pensions: total length of tertiary study)

5.1   Subregulation 55 (3):

Omit “sole parent pensioner student”, substitute “student who receives pension PP (single) under Part 2.10 of the Social Security Act 1991”.

5.2   Paragraph 55 (3) (a) and subparagraphs 55 (3) (b) (i) and (ii):

Omit “sole parent pensioner”, substitute “recipient of pension PP (single)”.

6.   Regulation 63 (Who gets special rate living allowance?)

6.1 Paragraph

  63 (1) (a):

Add at the end:

• “(iii)

  benefit PP (partnered) under Part 2.10 of the Social Security Act 1991 in the circumstances stated in subregulations 22 (1A) and (1C); or”.

6.2   After subregulation 63 (2), insert:

 “(3) For paragraph (1) (a), a student who received sole parent pension for a day is taken to have received pension PP (single) under Part 2.10 of the Social Security Act 1991 for the day.”.

7.   Regulation 64 (Is there additional allowance for a spouse?)

7.1   Subparagraph 64 (1) (c) (i):

Omit “benefit parenting allowance”, substitute “benefit PP (partnered)”.

8.   Regulation 91 (Concession to the parental income test: (c) pensions and allowances)

8.1   Subparagraph 91 (1) (d) (ii):

Omit “benefit parenting allowance”, substitute “benefit PP (partnered)”.

8.2   Subregulation 91 (1):

Add at the end:

• “; or (e)

  benefit PP (partnered) under Part 2.10 of the Social Security Act 1991, in the circumstances stated in subregulations 22 (1A) and (1C), as if a reference to the student in subregulation 22 (1A) were a reference to the parent.”.

9.   Regulation 98 (Can students with pensions get AUSTUDY?1)

9.1   Add at the end:

 “(3) A student who was qualified for pensioner education supplement immediately before 20 March 1998, and who receives benefit PP (partnered) under Part 2.10 of the Social Security Act 1991 in the circumstances stated in subregulations 22 (1A) and (1C), can continue to get the pensioner education supplement.”.

10.   Regulation 109 (What changes in circumstances must the Department be told about?)

10.1   Paragraph 109 (1) (b):

Add at the end:

• “(viii)

  starts to receive benefit PP (partnered) under Part 2.10 of the Social Security Act 1991; or”.

10.2   Subregulation 109 (1):

Add at the end:

• “; or (e)

  the situation stated in paragraph 22 (1A) (a) or (b) ceases to exist for the student.”.

11.   Schedule 1 (Pensions and allowances)

11.1   Group B:

Omit item 6, substitute:

“6 Pension PP (single) (Part 2.10 of the Social Security Act 1991)”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 March 1998.

2. Statutory Rules 1990 No. 443 as amended by 1991 No. 480; 1992 Nos. 24 and 399; 1993 No. 367; 1994 Nos. 13, 91 and 409; 1995 Nos. 132 and 393 (disallowed by the Senate on 10 September 1996); 1996 Nos. 21, 245, 246, 261 and 275; 1997 Nos. 83, 159, 187, 302, 323, 341 and 373.