Student Assistance Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

Statutory Rules

1977 No. 209

REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Student Assistance Act 1973.

Dated this third day of November 1977.

John R. Kerr

Governor-General

By His Excellency’s Command,

Minister of State for Education

 

AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS  

1. Regulation 4 of the Student Assistance Regulations is repealed and the following regulation substituted:

Meaning of advanced education institution for the purposes of the Act

“ 4. For the purposes of the definition of ‘ advanced education institution ’ in section 5 of the Act, each of the educational institutions specified in Schedule 1 to these Regulations or in Schedule 2 to the Tertiary Education Commission Act 1977 is to be treated as an advanced education institution for the purposes of the Act.”.

Living allowance—special circumstances affecting income of parent in certain periods prior to the relevant year

2. Regulation 28 of the Student Assistance Regulations is amended by omitting from sub-regulation (2) “ E is the number of days in the period of 12 months ending on that 30 June ” and substituting:

“ E is the number of days during which the first-mentioned person incurred those losses and outgoings in respect of which those deductions were so allowable ”.

 

* Notified in the Commonwealth of Australia Gazette on 9 November 1977.

  Statutory Rules 1974, No. 179 as amended by Statutory Rules 1974, Nos. 235 and 258; 1975, Nos. 136, 203 and 219; 1976, Nos. 92, 121, 286, 287, 292 and 293; and 1977, No. 147.

14117/77—Cat. No.—Recommended retail price 15c 14/7.10.1977

 

Living allowance—special circumstances affecting income of parent in the relevant year

3. Regulation 28aof the Student Assistance Regulations is amended by omitting from sub-regulation (2) “ E is the number of days in the period of 12 months ending on that 30 June ” and substituting:

“ E is the number of days during which the first-mentioned person incurred those losses and outgoings in respect of which those deductions were so allowable ”.

Living allowance—special circumstances affecting income of parent in certain periods prior tothe relevant year

4. Regulation 46 of the Student Assistance Regulations is amended by omitting from sub-regulation (3) “ E is the number of days in the period of 12 months ending on that 30 June ” and substituting:

“ E is the number of days during which the first-mentioned person incurred those losses and outgoings in respect of which those deductions were so allowable ”.

Living allowance—special circumstances affecting income of parent in the relevant year

5. Regulation 46aof the Student Assistance Regulations is amended by omitting from sub-regulation (3) “ E is the number of days in the period of 12 months ending on that 30 June ” and substituting:

“ E is the number of days during which the first-mentioned person incurred those losses and outgoings in respect of which those deductions were so allowable ”.

Eligibility

6. Regulation 51 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (7) “ sub-regulation (8) ” and substituting “ sub-regulations (8) and (9) ”; and

(b) by adding at the end thereof the following sub-regulation:

“ (9) Sub-regulation (7) does not apply in respect of benefit or assistance, referred to in that sub-regulation, granted or awarded to an applicant in respect of—

(a) expense incurred, by the applicant in connexion with his post-graduate course other than expense in respect of which an allowance is payable under regulation 70, 71, 72, 73 or 74;

(b) expense incurred by the applicant by reason that it is impracticable for him to reside at his permanent home while undertaking his postgraduate course; or

(c) research, educational studies or vocational training undertaken by the applicant outside Australia.”.

 

Suspension during temporary discontinuation

7. Regulation 61 of the Student Assistance Regulations is amended by inserting in sub-regulation (1) “ other than for the purpose of undertaking research work outside Australia as part of his studies in his post-graduate course ” after “ reason ”.

Living allowance

8. Regulation 70 of the Student Assistance Regulations is amended by inserting after paragraph (a) of sub-regulation (2) the following paragraph:

“ (b) if sub-regulation (1) does not apply to the holder and the holder is a woman—

(i) who has a spouse who is a holder; and

(ii) who is not living separately and apart from her spouse,

and a child is dependent on the woman or her spouse—the amount ascertained in accordance with the formula—

where—

A is $4,000; and

B is an amount calculated on the basis of $390 for each such child;”.

Thesis allowance

9. Regulation 72 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (1) “ amounts paid ” and substituting “ expenses incurred ”; and

(b) by inserting in sub-regulation (1) “ or liability for payment ” after “ payment ”.

Application

10. (1) The amendment of the Student Assistance Regulations effected by regulation 1 applies in relation to the grant of Tertiary Education Assistance or a Post-graduate Award in respect of a period commencing on or after 1 January 1978.

(2) The amendments of the Student Assistance Regulations effected by regulations 2, 3, 4, 5, 6, 8 and 9 apply in relation to the grant of student assistance to which the Act applies in respect of a period commencing on or after 1 January 1977.

Non-reduction

11. (1) Notwithstanding regulations 2 and 3, where in respect of the year that commenced on 1 January 1977 the amount of benefit under a Senior Secondary Scholarship that would have been payable in respect of a person by virtue of the Student Assistance Regulations if regulations 2 and 3 had not come into operation exceeds the amount of benefit under the Senior Secondary Scholarship payable in respect of the person in respect of that year by virtue of the Student Assistance Regulations as amended by these Regulations, there is payable in respect of the person an amount equal to the amount of the excess.

 

(2) Notwithstanding regulations 4 and 5, where in respect of the year that commenced on 1 January 1977 the amount of benefit under Tertiary Education Assistance that would have been payable in respect of a person by virtue of the Student Assistance Regulations if regulations 4 and 5 had not come into operation exceeds the amount of benefit under Tertiary Education Assistance payable in respect of the person in respect of that year by virtue of the Student Assistance Regulations as amended by these Regulations, there is payable in respect of the person an amount equal to the amount of the excess.

Printed by Authority by the Acting Commonwealth Government Printer

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0