Statutory Rules 1991 No. 4801
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
Assistance Act 1973.
Dated 23 December 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
PETER BALDWIN
Minister of State for Higher
Education and Employment Services
1.
Commencement
1.1
These Regulations commence on 1 January 1992.
2. Amendment
2.1
The AUSTUDY Regulations are amended as set out in these Regulations.
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Chapter
2 Who can
get AUSTUDY? | Part
1—General requirements for all students |
3. Regulation 13 (Do assets affect AUSTUDY?) 3.1 Subregulation 13 (1): Omit items (a), (b), (c) and (d)
in the table, substitute: |
“(a) | Independent— without spouse2 | $107,000 for student |
(b) | Independent— with spouse | $152,500 for student
and spouse (except spouse to whom regulation 97 applies) |
(c) | Away-from-home | $359,250 for
student’s family (except parents3 to whom regulation 91 applies) |
(d) | Standard |
same as for item (c)”. |
3.2 After subregulation 13 (1),
insert: |
“(1a) For the purposes of subregulation
(1), ‘family’ includes, in addition to the student and the student’s
parents: |
(a) a natural or
adopted child of a parent of the student; and |
(b) a person who is
wholly or substantially dependent on a parent of the student; |
who, if over the age
of 16 years: |
(c) is undertaking
full-time study; and |
(d) is not
independent under regulation 67; and |
(e) is not a student
of the kind described in paragraph (2) (a) or (b).”. |
Chapter
2 Who can
get AUSTUDY? | Part
1—General requirements for all students |
4. Regulation 22 (Excluded: (b) students getting
certain pensions and allowances) |
4.1 Subregulation 22 (2): |
Omit the subregulation,
substitute: |
“(2) A student cannot
get AUSTUDY for a period in the year before the start of a course he or she
intends to undertake if the student, or the student’s spouse, gets any of the
following benefits for the period under the Social Security Act 1991: |
(a) | job search allowance; |
(b) | newstart allowance; |
(c) | sickness benefit: |
(i)
if the beneficiary is the student—at any rate; or |
(ii) if the beneficiary is the spouse—at a rate
calculated on the basis that the spouse is a member of a couple under section
1067 or 1068 of that Act.”.
|
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|
Chapter 2 Who can get AUSTUDY | Part 2—Special requirements for
secondary students |
5. Regulation 29
(Workload: (a) secondary students attending school) |
5.1
Subregulation 29 (3): |
Omit the
subregulation, substitute: |
“(3) A student cannot get AUSTUDY for a schoolday on which he or she is
absent from school in a school term if: |
(a) the absence is not approved by the school; and |
(b) the student has
already been absent, in the same school term, for other periods of time that
add up to at least the equivalent of 5 normal schooldays; and
|
(c) the absences for
those other periods of time were also not approved by the school.”.
|
6. Regulation 32
(Progress: (b) adult students repeating secondary study) |
6.1
Subregulation 32 (1): |
Omit
the subregulation, substitute: |
32 |
Progress: | “(1) A student cannot get AUSTUDY if the student: |
(b) repeating year 12 study | (a) is undertaking
secondary study that is, or the overall level1 of which is, year
12 study; and
|
(b) has undertaken
full-time study at that level in 2 previous years.”.
|
6.2 Subregulation 32 (2): |
Omit
from paragraph (2) (d) “started; or”, substitute “started.”. |
6.3 Subregulation 32 (2): |
Omit
paragraph (2) (e). |
|
Chapter 2 Who can get AUSTUDY | Part 3—Special requirements for
secondary students |
7. Regulation 37 (How
is a student’s academic progress calculated?) |
7.1 Omit the regulation. |
8. Regulation 38 (Levels of
tertiary courses) |
8.1
Paragraph 38 (4) (b): |
Omit
the paragraph, substitute: |
“(b) a diploma
course, or associate diploma course, other than: |
(i)
a graduate or postgraduate diploma course; or |
(ii) a course for which an entry requirement is
successful completion of year 10 of secondary studies;”.
|
9.
Regulation 39 (Overseas study) |
9.1 Omit the
regulation. |
10.
Regulation 40 (Progress: (a) to a second or later year) |
10.1 Omit the
regulation. |
11.
Regulation 41 (Progress: (b) minimum time) |
11.1 Omit the regulation, substitute: |
41 Previous study: time spent on a
course | “41. (1) A student
can get AUSTUDY in a year of study for a tertiary course if, at the relevant
date, the time already spent by the student in full-time study in the course,
or in courses at the same level,1 is not longer than: |
(a) if the minimum time for the course is more than
one year—the sum of the minimum time for the course plus:
|
(i)
half a year;2 or |
(ii) if the student is enrolled in a year-long
subject—one year; or
|
Chapter
2 | Part 3—Special requirements for
tertiary students |
Who
can get AUSTUDY? |
(iii) if the student’s further progress in the
course depends on passing a whole year’s work in the course—one year; or
|
(b) if the minimum time for the course is one year
or less—the minimum time.
|
“(2) If a student has
studied part-time in the course, or in a course at the same level, he or she
is taken to have undertaken the proportion of a full-time year calculated
using the formula: |
where: |
‘Work undertaken’ means the work in
the course undertaken part-time by the student; and |
‘Normal full-time work’ means the normal full-time
year’s work in the course.
|
“(3)
In this regulation: |
‘minimum time’ means: |
(a) the minimum time needed to complete the course
at pass level; and
|
(b) any additional honours years that the student
has undertaken or is undertaking in the course;
|
‘relevant date’ means: |
(a) the start of a semester; or |
(b) if the course is not divided into semesters—the
start of the academic year; or
|
(c) if, after a semester has started, a student who
is not studying a year-long subject changes his or her enrolment and starts
studying a year-long subject—when the change occurs; or
|
Chapter 2 | Part 3—Special
requirements for tertiary students |
Who can get AUSTUDY |
(d)
if, after a semester or academic year has started, a student’s enrolment is
changed and no longer includes a year-long subject—when the change occurs.”.
|
Notes to regulation 41 |
1 Levels of courses are explained in regulation 38. |
2 Example 1: Tim is doing only semester subjects
this year in his 3 year course. At the start of the academic year, he has so
far undertaken more than 3 but less than 3½ years of full-time tertiary
study. Because he is still eligible for AUSTUDY, he will get AUSTUDY until
the end of 1st semester.
|
12.
Regulation 42 (Progress: (c) completed course of the same level) |
12.1 Omit the
regulation. |
13.
Regulation 43 (Progress: (d) combined courses) |
13.1 Omit the
regulation, substitute: |
43 | “43.
If: |
Previous study: combined courses | (a) a student is undertaking a course of tertiary
study in addition to a completed course at the same level1; and
|
(b) at the institution in which the student is
enrolled there is an approved course that is a combination of those 2
tertiary courses;
|
the student can get
AUSTUDY for half a year, or a year, more than the minimum time needed for
completion of the approved combined course, on the same basis as a student
referred to in regulation 41.”. |
Chapter 2 Who can get AUSTUDY? | Part 3—Special requirements for
tertiary students |
Note to regulation 43 |
1 Levels of course are explained in
regulation 38. |
14.
Regulation 44 (Progress: (e) completed work in a higher course) |
14.1 Omit the regulation. |
15.
Regulation 45 (Progress: (g) postgraduate study) |
15.1 Add at the end: |
“(2) A written statement of the standing of a course at a foreign
institution made by an officer in the National Office of Overseas Skills
Recognition is taken to be prima facie evidence of whether the course
is of the same standing, or is at least of the same standing, as a course for
the degree of Master or Doctor at an Australian institution. |
“(3) The statement is taken to be signed by the officer whose signature
purports to appear on it unless it is proved otherwise.”. |
16. Regulation 47 (Progress:
concession (a) previous course needed to enter present course)
16.1
Omit the regulation, substitute:
47 Concession (a) completed previous
course needed for entry to present course | “47.
For the purposes of subregulation 41 (1), no account is taken of a course
completed by a student if completion of the course is the normal requirement
for admission to the student’s current course (unless the current course is a
Master’s qualifying course).”. |
17.
Chapter 2, Part 3, Division 6
17.1
Omit the heading.
Chapter 2 Who can get AUSTUDY? | Part
4—Students who are disabled or are sole parents
|
18.
New Part 4 of Chapter 2
18.1
After regulation 51, insert:
“Part 4—Students who are disabled or are sole parents”.
19. Regulation 52
(There are special rules for students with disabilities and students who are
sole parents)
19.1 Subparagraph 52
(1) (b) (ii):
Omit
“disability.”, substitute “disability; or”.
19.2 Subregulation 52
(1):
Add
at the end:
“(c)
the student is receiving a sole parent pension under the Social Security
Act 1991.”.
|
19.3
Subregulation 52 (2):
Omit
the subregulation, substitute:
“(2)
The workload and previous study rules set out in regulations 29, 30, 31, 32,
34, 36, 40 and 41 do not apply to a student referred to in subregulation
(1).”. |
19.4
Subregulation 52 (3):
Omit
“53 to 55 (inclusive):”, substitute “53 and 55:”.
19.5 Paragraph 52 (3)
(a):
Omit
“37 to 39 (inclusive)”, substitute “38 and 39”.
20. Regulation 54 (Students
with disabilities: previous year’s study)
20.1
Omit the regulation.
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|
Chapter 4 What is the living allowance? | Part
1—The kinds of living allowance and their value
|
21.
Regulation 61 (What is the maximum living allowance?)
21.1
Paragraph 61 (a):
Omit
“$8,330”, substitute “$8,638”.
21.2 Paragraph 61 (b):
Omit
“$6,341”, substitute “$6,575”.
21.3
Paragraph 61 (c):
Omit
the table, substitute:
“TABLE
|
Under
| 18 years
| Special
|
18 years
| & over
| rate3
|
standard
| $3,354
| $4,031
| $4,779
|
independent
| $5,537
| $6,123
| $7,260
|
away-from-home
| $5,537
| $6,123
| $7,260”.
|
22.
Regulation 64 (Is there an allowance for a spouse?)
22.1 Subregulation 64
(1):
Omit
“$6,341”, substitute “$6,575”.
23. Regulation 66 (Is
there a minimum rate of allowance?)
23.1
Omit “$50”, substitute “$250”.
|
Chapter 4 What is the living allowance? | Part 2—What are the conditions for getting the
independent living allowance?
|
24.
Regulation 74 (Independent student: (g) homelessness)
24.1 Subregulation 74
(1):
Omit
the subregulation, substitute:
“(1) A student qualifies as independent through
being homeless if the student does not live at a home of either or both of
his or her parents (natural or adoptive) because: |
(a)
the student’s physical or mental health would be substantially at risk from
domestic violence, sexual harassment, extreme family breakdown or another
similar and exceptional circumstance; or
|
(b)
the parents cannot give the student a home because of the parents’, or the
remaining parent’s:
(i) physical or mental incapacity; or (ii) imprisonment.”.
|
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Chapter 4 What is the living
allowance? | Part
3—What are the conditions for getting the away-from-home living allowance?
|
25.
Regulation 77 (Who gets the away-from-home living allowance?)
25.1 Subregulation 77
(1):
Omit
“general”.
25.2
After subregulation 77 (1), insert:
“(1a) A secondary student who is 19 years
of age or more on 1 January of the year in which the allowance is to be paid
and who undertaking a course at: |
(a)
a TAFE institution;1 or |
(b) an institution that gives year 11
and year 12 courses and that is intended to be attended mainly by persons
older than 18 years;
qualifies
for the away-from-home allowance if the principal home of the student’s
parents is isolated (as described in regulation 78) from the nearest
institutions of the kind referred to in paragraphs (a) and (b).”. |
25.4 Subregulation 77 (2):
Omit
“An adult secondary student or a”, substitute “A”.
Chapter 4 What is the living
allowance? | Part 4—Income test:
student |
26.
Regulation 82 (How does a student’s income affect living allowance?)
26.1 Subregulation 82
(2):
Omit
“$4,000”, substitute “$5,000”.
27. Regulation 83 (What
is student income?)
27.1 Subparagraphs 83
(2) (b) (ii) and (iii):
Omit
the subparagraphs, substitute:
“(ii) under a scholarship (however described) to
the extent that the assistance is for tuition fees;”.
|
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Chapter 4 What is the living
allowance? | Part 5—Income test:
parental |
28.
Regulation 87 (What are the deductions for children?)
28.1 Paragraph 87 (1)
(a):
Omit
the paragraph, substitute:
“(a)
is wholly or substantially dependent on a parent; and”. |
28.2
Subregulation 87 (1):
Omit
subparagraph (1) (c) (ii).
28.3 Paragraphs 87 (2)
(a) and (b):
Omit
the paragraphs, substitute:
“(a)
$3,700 for a child who: (i) is 16 years of age or more; and (ii) unless regulation 67 or 92
applies to the student—is a full-time student; and
|
(b)
$3,700 for a child in respect of whom a boarding allowance or second home
allowance is payable under the Assistance for Isolated Children Scheme;1
and |
(c)
$1,200 for a child who: (i) is under 16 years of age;
and (ii) is not a child referred to
in paragraph (b); and
|
(d)
$2,500 for a child who: (i) is under 16 years of age;
and (ii) is additional to the child
referred to in paragraph (c); and (iii) is not a child referred to
in paragraph (b).”.
|
29.
Regulation 88 (How does parental income affect living allowance?)
29.1 Subregulations 88
(1) and (2):
Omit
“$19,300,”, substitute “$20,700,”.
|
Chapter 4 What is the living
allowance? | Part 5—Income test:
parental |
30.
Regulation 89 (Concession to the parental income test: (a) for brother or
sister)
30.1
Omit the regulation.
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Chapter 4 What is the living allowance? | Part 6—Income test:
spouse |
31.
Regulation 94 (What is the spouse’s income?)
31.1 Subregulation 94
(2):
Omit
the subregulation, substitute:
“(2) A spouse’s income is reduced
by: |
(a)
payments by the spouse for the maintenance of: (i) a child of the spouse by a person other than
the spouse; or (ii) a former spouse; and |
(b) deductions for
children allowed under subregulation (2a). |
“(2a) A spouse who has a child gets the same deductions for
children as does a parent of a student under regulation 87.”. |
32.
Regulation 95 (How does spouse’s income affect living allowance?)
32.1 Subregulation 95
(1):
Omit “$12,150.”,
substitute “$13,000.”.
32.2 Subregulation 95
(2):
Omit
“$12,150,”, substitute “$13,000,”.
Chapter 6 |
What is the allowance
for fares? |
33.
Regulation 99 (Who can get fares allowance?)
33.1 Paragraph 99 (1)
(a):
Omit “an adult
secondary1 or tertiary”, substitute “a tertiary1”.
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Chapter 8 Notifying changes in
circumstances |
34.
Regulation 109 (What changes in circumstances must the Department be told
about?)
34.1 Paragraph 109 (1)
(a):
Add
at the end:
“(xvii)
becomes aware that his or her assets have increased in value beyond the
maximum value set out in subregulation 13 (1) since the AUSTUDY application
form was lodged or since the last time notification of the value of assets
was made in accordance with section 48 of the Act; or”.
|
34.2
Paragraph 109 (1) (b):
Add
at the end:
“(vii)
becomes aware that his or her assets have increased in value beyond the
maximum value set out in subregulation 13 (1) since the AUSTUDY application
form was lodged or since the last time notification of the value of assets
was made in accordance with section 48 of the Act; or”.
|
Chapter 8 Notifying changes in
circumstances |
34.3
Subregulation 109 (1):
After
paragraph (1) (b), insert:
“(ba)
a member of the student’s family referred to in subregulation 13 (1a) becomes aware that his or her
assets have increased in value beyond the maximum value set out in
subregulation 13 (1) since the AUSTUDY application form was
lodged or since the last time notification of the value of assets was made in
accordance with section 48 of the Act; or”.
|
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Chapter 9 Miscellaneous matters |
35.
New regulation 111a
35.1
After regulation 111, insert:
111a Interest on late repayment of an
overpayment | “111a. For the purpose of paragraph 40
(2) (b) of the Act, the rate of interest payable to the Commonwealth on a
recoverable amount of overpayment is 20% per year.”. |
NOTES
1. Notified in the Commonwealth of Australia Gazette on 23
December 1991.
2. Statutory Rules 1990 No. 443.
3. The following alterations are made to headings and notes in the
Regulations:
Regulation
affected | Alteration |
Regulation
32 | Omit
the note, insert: |
“1 The table in subregulation 28 (3)
sets out the meaning of ‘overall level’”.
|
Regulation
45 | Omit
the heading, substitute: |
“45 Previous
study: postgraduate
study”. |
Regulation
45 | Omit
the note. |
Regulation
46 | Omit
the heading, substitute: |
“46 Previous
study: honours
year and Master’s qualifying course”. |
Regulation
46 | Omit
the note. |
Regulation
61 | After
note 2, add: |
“3 Special rate eligibility is set out in
regulation 63.”.
|
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NOTES—continued |
Regulation
77 | Omit
notes 1 and 2, substitute: |
“1 ‘TAFE
institution’ is defined in subregulation 33 (4).”.
|
Regulation
87 | Add
at the end: |
“1 The Assistance
for Isolated Children Scheme is a non-statutory scheme administered by the
Department.”.
|
Regulation
99 | Omit
note 1, substitute: |
“1 ‘Tertiary
student’ is defined in subregulation 33 (1).”.
|
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