Statutory Rules 1997
No. 83 1
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AUSTUDY Regulations 2(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 16 April 1997.
WILLIAM
DEANE
Governor-General
By His Excellency’s
Command,
AMANDA
VANSTONE
Minister
for Employment, Education, Training and Youth Affairs
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1. Commencement
1.1 Regulation 9 is
taken to have commenced on 4 December 1996.
1.2 Regulation
10 is taken to have commenced on 1 January 1997.
1.3 Regulations 6, 11,
12 and 14 commence on 1 July 1997.
[NOTE: The remaining provisions of these Regulations commence
on gazettal: see Acts Interpretation Act 1901, s. 48.]
2. Amendment
2.1 The AUSTUDY
Regulations are amended as set out in these Regulations.
3. Regulation 12D (What happens if AUSTUDY has
been underpaid?)
3.1 Omit the regulation, substitute:
12D What happens if AUSTUDY has been
underpaid? | “12D. If the Department determines that an
AUSTUDY payment to a student, or to a parent of a student for the student, is
less than the amount to which that person is entitled, an amount equal to the
difference between the entitlement and the amount paid to the person must be
added as soon as practicable to a fortnightly AUSTUDY payment to the
person.”. |
4. Regulation 12E (What happens if AUSTUDY has
been overpaid?)
4.1. After “to a
student”, insert “, or to a parent of a student for the student,”.
4.2 Paragraph 12E (b):
Omit the paragraph, substitute:
5. New regulation 23
5.1 After regulation 22, insert:
23 Excluded: (c) students who are full-time apprentices or
trainees | “23. A student cannot get AUSTUDY if: - (a)
the student is employed as an apprentice or trainee in an
industry, occupation, trade or kind of work; and - (b)
the student is undertaking an apprenticeship or traineeship in
accordance with a training agreement; and - (c)
the student’s ordinary hours of employment (including the
training component of the employment) are not less than the usual hours of
employment for a full-time apprentice or trainee in that industry,
occupation, trade or kind of work.”.
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6. Regulation 52 (Recognition of students with
disabilities and students getting certain pensions)
6.1 Subparagraph 52 (1) (c) (i):
Omit “carer pension”, substitute
“carer payment”.
7. Regulation 64 (Is there additional allowance
for a spouse?)
7.1 Subparagraph 64 (1) (c) (i):
After “special benefit”, insert “,
partner allowance”.
8. Regulation 83 (What is a student’s income?)
8.1 Paragraphs 83 (1) (c) and (d):
Omit the
paragraphs, substitute:
- “(c)
if the student is independent—an amount
received by, or on behalf of, the student for his or her maintenance; and - (d)
if the student: an
amount received by, or on behalf of, the student for the maintenance of the
child; and”.
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9. Regulation 87 (What are the deductions for
children?)
9.1 Subparagraph 87 (1) (b) (ii):
Omit “22 years”, substitute “25 years”.
9.2 The amendment of the AUSTUDY Regulations made
by subregulation 9.1 does not apply to an application for AUSTUDY for a period
that ended before 1 January 1997.
10. Regulation 102F (What is the amount of rent
assistance?)
10.1 Subregulation 102F (2):
Omit “$37.20”, substitute “$37.30”.
11. Regulation 102F (What is the amount of rent
assistance?)
11.1 Subregulation 102F (2):
Omit the subregulation, substitute:
“(2) The maximum rent assistance is: |
“(3)A student is a single person sharing
accommodation if the student: - (a)
does not have a spouse1; and - (b)
has, in common with 1 or more other people,
the right to use at least 1 major area of accommodation.
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“(4)A student is not a single person
sharing accommodation if the student: - (a)
pays, or is liable to pay, amounts for the
student’s board and lodging in the accommodation; or - (b)
resides in a nursing home.
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“(5)A student who has the exclusive right
to use a bathroom, a bedroom and a kitchen is not a single person sharing
accommodation only because the student has the right, in common with 1 or
more other people, to use at least 1 other major area of accommodation. |
“(6)A student who lives alone in a caravan
or mobile home, or on board a vessel, is not a single person sharing
accommodation only because the student has the right, in common with 1 or
more other people, to use at least 1 major area of accommodation in a caravan
park or marina. |
“(7) In this regulation, ‘major area of
accommodation’ means any of the following accommodation areas (whether or
not identifiably separate from another accommodation area): - (a)
a bathroom; - (b)
a kitchen; - (c)
a bedroom.
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Note to regulation 102F 1‘Spouse’ is
defined in subregulation 93 (2).”. |
12. Regulation 102G (What is the effect of the
student income test on rent assistance?)
12.1 Subregulation 102G (1):
After “maximum assistance”, insert
“to which he or she is entitled”.
13. Regulation 109 (What changes in circumstances
must the Department be told about?)
13.1 After subparagraph
109 (1) (a) (vi), insert:
14. Schedule 1 (Pensions and allowances)
14.1 Group B, item 1:
Omit “Carer pension”, substitute
“Carer payment”.
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NOTES
1. Notified in the Commonwealth
of Australia Gazette on 16 April 1997.
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 in the Senate on 10
September 1996); 1996 Nos. 21, 245, 246, 261 and 275.