Student Assistance Regulations (Amendment) (Cth)
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
Dated this twenty third day of December, 1976.
John R. Kerr
Governor-General.
By His Excellency’s Command,
Minister of State for Education
–––––––
Amendments of The Student Assistance Regulations
“ (5) In this Part, ‘relevant period’, in relation to a grantee, means a period in the relevant year, being a period—
(a) other than a period in respect of which living allowance is, by virtue of regulation 43a, 43b or 44, not payable in respect of the grantee; and
(b) in respect of which the application of these Regulations in relation to the grantee is not affected, other than at the commencement of the period, by—
(i) the grantee becoming a person who is to be deemed to be of independent status;
(ii) the grantee acquiring, or ceasing to have, a spouse in relation to whom paragraph 41 (3) (c) applies;
(iii) the grantee becoming, or ceasing to be, a person in relation to whom paragraph 42 (2) (a) applies; or
(iv) the grantee acquiring, or ceasing to have, a brother or sister in relation to whom sub-regulation 42 (3), 42 (6) or 42 (12) applies.
*
Notified in the
Statutory Rules 1974 No. 179 as amended by Statutory Rules 1974, 235 258; 1975, Nos.136, 203 and 219 and 1976, Nos.92, 121 and
167.70/76—Recommended retail price 40c 10/8.12.1976
“ (6) For the purposes of this Part, where in relation to a grantee there is not more than one relevant period in the relevant year, the prescribed allowable income in respect of the relevant period is—
(a) where the relevant period is not more than 3 months—$375;
(b) where the relevant period is more than 3 months but not more than 6 months—$750;
(c) where the relevant period is more than 6 months but not more than 9 months—$1,125; and
(d) where the relevant period is more than 9 months—$1,500.
“ (7) For the purposes of this Part, where in relation to a grantee there are not less, or more, than 2 relevant periods in the relevant year, the prescribed allowable income is—
(a) where each relevant period is not more than 3 months—$375 in respect of each relevant period;
(b) where one relevant period is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months— $750 in respect of the longer relevant period and $375 in respect of the other relevant period;
(c) where one relevant period is not more than 3 months and the other relevant period is more than 6months but not more than 9 months— $1,125 in respect of the longer relevant period and $375 in respect of the other relevant period;
(d) where one relevant period is not more than 3 months and the other relevant period is more than 9 months—$1,125 in respect of the longer relevant period and $375 in respect of the other relevant period;
(e) where each relevant period is more than 3 months but not more than 6 months—$750 in respect of the longer relevant period and $375 in respect of the other relevant period; and
(f) where one relevant period is more than 3 months but not more than 6 months and the other relevant period is more than 6 months but not more than 9 months—$1,125 in respect of the longer relevant period and $375 in respect of the other relevant period.
“ (8) For the purposes of this Part, where in relation to a grantee there are not less, or more, than 3 relevant periods in the relevant year, the prescribed allowable income is—
(a) where each relevant period is not more than 3 months—$375 in respect of each relevant period;
(b) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months—$750 in respect of the longest relevant period and $375 in respect of each of the other 2 relevant periods;
(c) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 6 months but not more than 9 months—$750 in respect of the longest relevant period and $375 in respect of each of the other 2 relevant periods;
(d) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 9 months—$750 in respect of the longest relevant period and $375 in respect of each of the other 2 relevant periods;
(e) where one relevant period is not more than 3 months and each of the other 2 relevant periods is more than 3 months but not more than 6 months—$750 in respect of the longest relevant period and $375 in respect of each of the other 2 relevant periods;
(f) where one relevant period is not more than 3 months, one relevant period is more than 3 months but not more than 6 months and the other relevant period is more than 6 months but not more than 9 months—$750 in respect of the longest relevant period and $375 in respect of each of the other 2 relevant periods; and
(g) where each relevant period is more than 3 months but not more than 6 months—$750 in respect of the longest relevant period and $375 in respect of each of the other 2 relevant periods.
“ (9) For the purposes of this Part, where in relation to a grantee there are not less, or more, than 4 relevant periods in the relevant year, the prescribed allowable income is—
(a) where each relevant period is not more than 3 months—S375 in respect of each relevant period;
(b) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months— $750 in respect of the longest relevant period and S250 in respect of each of the other 3 relevant periods;
(c) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 6 months but not more than 9 months—$1,125 in respect of the longest relevant period and $125 in respect of each of the other 3 relevant periods;
(d) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 9 months—$1,125 in respect of the longest relevant period and $125 in respect of each of the other 3 relevant periods;
(e) where each of 2 relevant periods is not more than 3 months and each of the other 2 relevant periods is more than 3 months but not more than 6 months—$375 in respect of each relevant period;
(f) where each of 2 relevant periods is not more than 3 months, one relevant period is more than 3 months but not more than 6 months and one relevant period is more than 6 months but not more than 9 months—$375 in respect of each relevant period; and
(g) where one relevant period is not more than 3 months and each of the other 3 relevant periods is more than 3 months but not more than 6 months—$375 in respect of each relevant period.
“ (10) For the purposes of this Part, where in relation to a grantee there are 5 or more relevant periods in the relevant year, the prescribed allowable income in respect of each relevant period is an amount in dollars calculated in accordance with the formula—
where A is the number of relevant periods in the relevant year.
“ (11) For the purposes of paragraph 41 (3) (c), where in relation to a grantee there is not more than one relevant period in the relevant year, the prescribed income in respect of the relevant period is—
(a) where the relevant period is not more than 3 months—$1,900;
(b) where the relevant period is more than 3 months but not more than 6 months—$3,800;
(c) where the relevant period is more than 6 months but not more than 9 months—$5,700; and
(d) where the relevant period is more than 9 months—$7,600.
“ (12) For the purposes of paragraph 41 (3) (c), where in relation to a grantee there are not less, or more, than 2 relevant periods in the relevant year, the prescribed income is—
(a) where each relevant period is not more than 3 months—$1,900 in respect of each relevant period;
(b) where one relevant period is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months— $3,800 in respect of the longer relevant period and $1,900 in respect of the other relevant period;
(c) where one relevant period is not more than 3 months and the other relevant period is more than 6 months but not more than 9 months— $5,700 in respect of the longer relevant period and $1.900 in respect of the other relevant period;
(d) where one relevant period is not more than 3 months and the other relevant period is more than 9 months—$5,700 in respect of the longer relevant period and $1,900 in respect of the other relevant period;
(e) where each relevant period is more than 3 months but not more than 6 months—$3,800 in respect of the longer relevant period and $1,900 in respect of the other relevant period; and
(f) where one relevant period is more than 3 months but not more than 6 months and the other relevant period is more than 6 months but not more than 9 months—$3,800 in respect of each relevant period.
“ (13) For the purposes of paragraph 41 (3) (c), where in relation to a grantee there are not less, or more, than 3 relevant periods in the relevant year, the prescribed income is—
(a) where each relevant period is not more than 3 months—$1,900 in respect of each relevant period;
(b) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months—$3,800 in respect of the longest relevant period and $1,900 in respect of each of the other 2 relevant periods;
(c) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 6 months but not more than 9 months—$3,800 in respect of the longest relevant period and $1,900 in respect of each of the other 2 relevant periods;
(d) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 9 months—$3,800 in respect of the longest relevant period and $1,900 in respect of each of the other 2 relevant periods;
(e) where one relevant period is not more than 3 months and each of the other 2 relevant periods is more than 3 months but not more than 6 months—$3,800 in respect of the longest relevant period and $1,900 in respect of each of the other 2 relevant periods;
(f) where one relevant period is not more than 3 months, one relevant period is more than 3 months but not more than 6 months and the other relevant period is more than 6 months but not more than 9 months—$3,800 in respect of the longest relevant period and $1,900 in respect of each of the other 2 relevant periods; and
(g) where each relevant period is more than 3 months but not more than 6 months—$3,800 in respect of the longest relevant period and $1,900 in respect of each of the other 2 relevant periods.
“ (14) For the purposes of paragraph 41 (3) (c), where in relation to a grantee there are not less, or more, than 4 relevant periods in the relevant year, the prescribed income is—
(a) where each relevant period is not more than 3 months—$1,900 in respect of each relevant period;
(b) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months—$3,800 in respect of the longest relevant period and $1,266 in respect of each of the other 3 relevant periods;
(c) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 6 months but not more than 9 months—$5,700 in respect of the longest relevant period and $633 in respect of each of the other 3 relevant periods;
(d) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 9 months—$5,700 in respect of the longest relevant period and $633 in respect of each of the other 3 relevant periods;
(e) where each of 2 relevant periods is not more than 3 months and each of the other 2 relevant periods is more than 3 months but not more than 6 months—$1,900 in respect of each relevant period;
(f) where each of 2 relevant periods is not more than 3 months, one relevant period is more than 3 months but not more than 6 months and one relevant period is more than 6 months but not more than 9 months—$1,900 in respect of each relevant period; and
(g) where one relevant period is not more than 3 months and each of the other 3 relevant periods is more than 3 months but not more than 6 months—$1,900 in respect of each relevant period.
“ (15) For the purposes of paragraph 41 (3) (c), where in relation to a grantee there are 5 or more relevant periods in the relevant year, the prescribed income in respect of each relevant period is an amount in dollars calculated in accordance with the formula—
where A is the number of relevant periods in the relevant year.
“ (16) For the purposes of this
Part, the prescribed margin in respect of a relevant period in relation to a
grantee is an amount in dollars calculated in accordance with the formula
where
C is the number of days in the relevant period; and
D is the number of clays in the relevant year.
“ (17) For the purposes of this Part, prescribed proportion P in respect of a relevant period in relation to a grantee is an amount in dollars calculated in accordance with the formula—
where—
C is the number of days in the relevant period; and
D is the number of days in the relevant year.
“ (18) For the purposes of this Part, prescribed proportion Q in respect of a relevant period in relation to a grantee is an amount in dollars calculated in accordance with the formula—
where—
C is the number of days in the relevant period; and
D is the number of days in the relevant year.
“ (19) For the purposes of this Part, where in relation to a grantee there is not more than one relevant period in the relevant year, the prescribed quantum of educational assistance in respect of the relevant period is—
(a) where the relevant period is not more than 3 months—$150;
(b) where the relevant period is more than 3 months but not more than 6 months—$300;
(c) where the relevant period is more than 6 months but not more than 9 months—$450; and
(d) where the relevant period is more than 9 months—$600.
“ (20) For the purposes of this Part, where in relation to a grantee there are not less, or more, than 2 relevant periods in the relevant year, the prescribed quantum of educational assistance is—
(a) where each relevant period is not more than 3 months—$150 in respect of each relevant period;
(b) where one relevant period is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months— $300 in respect of the longer relevant period and $150 in respect of the other relevant period;
(c) where one relevant period is not more than 3 months and the other relevant period is more than 6 months but not more than 9 months— $450 in respect of the longer relevant period and $150 in respect of the other relevant period;
(d) where one relevant period is not more than 3 months and the other relevant period is more than 9 months—$450 in respect of the longer relevant period and $150 in respect of the other relevant period;
(e) where each relevant period is more than 3 months but not more than 6 months—$300 in respect of the longer relevant period and $150 in respect of the other relevant period; and
(f) where one relevant period is more than 3 months but not more than 6 months and the other relevant period is more than 6 months but not more than. 9 months—$300 in respect of each relevant period.
“ (21) For the purposes of this Part, where in relation to a grantee there are not less, or more, than 3 relevant periods in the relevant year, the prescribed quantum of educational assistance is—
(a) where each relevant period is not more than 3 months—$150 in respect of each relevant period;
(b) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months—$300 in respect of the longest relevant period and $150 in respect of each of the other 2 relevant periods;
(c) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 6 months but not more than 9 months—$300 in respect of the longest relevant period and $150 in respect of each of the other 2 relevant periods;
(d) where each of 2 relevant periods is not more than 3 months and the other relevant period is more than 9 months—-$300 in respect of the longest relevant period and $150 in respect of each of the other 2 relevant periods;
(c) where one relevant period is not more than 3 months and each of the other 2 relevant periods is more than 3 months but not more than 6 months—$300 in respect of the longest relevant period and $150 in respect of each of the other 2 relevant periods;
(f) where one relevant period is not more than 3 months, one relevant period is more than 3 months but not more than 6 months and the other relevant period is more than 6 months but not more than 9 months—$300 in respect of the longest relevant period and $150 in respect of each of the other 2 relevant periods; and
(g) where each relevant period is more than 3 months but not more than 6 months—$300 in respect of the longest relevant period and $150 in respect of each of the other 2 relevant periods.
“ (22) For the purposes of this Part, where in relation to a grantee there are not less, or more, than 4 relevant periods in the relevant year, the prescribed quantum of educational assistance is—
(a) where each relevant period is not more than 3 months—$150 in respect of each relevant period;
(b) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 3 months but not more than 6 months—$300 in respect of the longest relevant period and $100 in respect of each of the other 3 relevant periods;
(c) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 6 months but not more than 9 months—$450 in respect of the longest relevant period and $50 in respect of each of the other 3 relevant periods;
(d) where each of 3 relevant periods is not more than 3 months and the other relevant period is more than 9 months—$450 in respect of the longest relevant period and $50 in respect of each of the other 3 relevant periods;
(e) where each of 2 relevant periods is not more than 3 months and each of the other 2 relevant periods is more than 3 months but not more than 6 months—$150 in respect of each relevant period;
(f) where each of 2 relevant periods is not more than 3 months, one relevant period is more than 3 months but not more than 6 months and one relevant period is more than 6 months but not more than 9 months—$150 in respect of each relevant period; and
(g) where one relevant period is not more than 3 months and each of the other 3 relevant periods is more than 3 months but not more than 6 months—-$150 in respect of each relevant period.
“ (23) For the purposes of this Part, where in relation to a grantee there are 5 or more relevant periods in the relevant year, the prescribed quantum of educational assistance in respect of each relevant period is an amount in dollars calculated in accordance with the formula—
where is the number of relevant periods in the relevant year.”.
(a) by omitting sub-regulations (1), (2), (3) and (4) and substituting the following sub-regulations:—
“ (1) Subject to regulations 43a
, 43b and 44, this regulation applies to a grantee who is to be deemed to be of independent status,“ (2) For the purposes of sub-regulation (3), the maximum allowance in respect of a grantee to whom this regulation applies is, in respect of a relevant period, prescribed proportion P.
“ (3) Where, in respect of a relevant period, the maximum allowance in respect of a grantee exceeds, by not less than the prescribed margin, the sum of the following amounts:—
(a) if the income of the grantee in the relevant period from educational assistance exceeds the prescribed quantum of educational assistance—the amount of the excess;
(b) the amount (if any) calculated on the basis of $1 for every $1.50 by which the sum of the following amounts exceeds the prescribed allowable income:—
(i) if the income of the grantee in the relevant period from educational assistance does not exceed the prescribed quantum of educational assistance—the amount of that income;
(ii) if the income of the grantee in the relevant period from educational assistance exceeds the prescribed quantum of educational assistance—the prescribed quantum of educational assistance; and
(iii) the amount of other income (if any) that the grantee receives in the relevant period from any source; and
(c) if the grantee has a spouse who is not a grantee in respect of whom living allowance is payable under paragraph 11 (b) of the Act—the amount (if any) calculated on the basis of $1 for every $1.50 by which the income of the spouse, from all sources, in the relevant period, exceeds the prescribed income,
living allowance is payable in respect of the grantee, or in respect of the grantee and his dependants.
“(4) The rate at which living allowance is payable under sub-regulation (3) in respect of a grantee, or in respect of a grantee and his dependants, is, in respect of a relevant period, the amount per day calculated in accordance with the formula—
where—
A is the amount of the maximum allowance in respect of the grantee, in respect of the relevant period;
B is the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee; and
C is the number of days in the relevant period.”; and
(b) by inserting after sub-regulation (6a) the following sub-regulations:—
“ (6b) For the purposes of paragraph (3) (c), a person—
(a) who, but for this sub-regulation, would have ceased, for the purposes of these Regulations, to be the spouse of a grantee by reason of having commenced on a day to live separately and apart from the grantee;
(b) who was before that day, by virtue only of the definition of ‘ spouse ’ in sub-regulation 3 (1), the spouse of the grantee for the purposes of these Regulations; and
(c) who resumes cohabitation with the grantee within a period not exceeding 6 months commencing on that day,
shall be deemed to have been the spouse of the grantee during that period.
“ (6c) For the purposes of paragraph (3) (c), a person-—
(a) who, but for this sub-regulation, would, for the purposes of these Regulations, be the spouse of a grantee;
(b) who has commenced on a day to live separately and apart from the grantee; and
(c) who does not resume cohabitation with the grantee within a period of 6 months commencing on that day,
shall, notwithstanding anything contained in these Regulations, be deemed not to have been the spouse of the grantee at any time while the person continues so to live.
“ (6d) In sub-regulation (6e), ‘ prescribed joint incomes ’ means, in relation to a grantee and the spouse of the grantee, the incomes, in the aggregate, of the grantee and the spouse from all sources other than income—
(a) by way of living allowance at the increased rate referred to in sub-regulation (5) or (6); or
(b) by way of allowance under regulation 47 or 48.
“ (6e) For the purposes of sub-regulations (6) and (6a), where in the relevant period—
(a) one, and not more than one, child is dependent on a grantee and the spouse of the grantee and the income of the grantee in the relevant year is less than 25 per cent of the prescribed joint incomes in the relevant year;
(b) not less, or more, than 2 children are dependent on a grantee and the spouse of the grantee and the income of the grantee in the relevant year is less than 15 per cent of the prescribed joint incomes in the relevant year; or
(c) not less than 3 children are dependent on a grantee and the spouse of the grantee and the income of the grantee in the relevant year is less than 7.5 per cent of the prescribed joint incomes in the relevant year,
each such child shall be deemed not to be substantially dependent on the grantee in the relevant period.”.
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:—
“ (1) Subject to regulations 43a, 43b and 44, this regulation applies to a grantee, other than a grantee who is to be deemed to be of independent status.”;
(b) by inserting in sub-regulation (2) after the word “ is ” (first occurring) the words “ , in respect of a relevant period”;
(c) by omitting from paragraph (a) of sub-regulation (2) the figures ‘$1,600 ” and substituting the words “ prescribed proportion P ”;
(d) by omitting from paragraph (b) of sub-regulation (2) the figures “ $1,000 ” and substituting the words “ prescribed proportion Q ”; (c) by omitting sub-regulations (3) and (4) and substituting the following sub-regulations:—
“ (3) Where, in respect of a relevant period, the maximum allowance in respect of a grantee, other than a grantee who has a brother or sister who is undertaking an approved course as a full-time student and is in’ receipt of income (including education assistance), exceeds by not less than the prescribed margin the sum of the following amounts:—
(a) the proportion of the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year, being the proportion calculated in accordance with the formula—
where
E is the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year;
C is the number of days in the relevant period; and
D is the number of days in the relevant year;
(b) if the income of the grantee in the relevant period from educational assistance exceeds the prescribed quantum of educational assistance—the amount of the excess; and
(c) the amount (if any) by which the sum of the following amounts exceeds the prescribed allowable income—
(i) if the income of the grantee in the relevant period from educational assistance does not exceed the prescribed quantum of educational assistance—the amount of that income;
(ii) if the income of the grantee in the relevant period from educational assistance exceeds the prescribed quantum of educational assistance—the prescribed quantum of educational assistance; and
(iii) the amount of other income (if any) that the grantee receives in the relevant period from any source,
living allowance is payable in respect of the grantee, or in respect of the grantee and his dependants.
“ (4) The rate at which living allowance is payable under sub-regulation (3) in respect of a grantee, or in respect of the grantee and his dependants, is, in respect of a relevant period, the amount per day calculated in accordance with the formula—
where—
A is the amount of the maximum allowance in respect of the grantee, in respect of the relevant period;
B is the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee; and
C is the number of days in the relevant period.”;
(f) by omitting sub-regulation (6) and substituting the following sub-regulation:—
“ (6) For the purposes of this regulation, the prescribed amount based on the adjusted family income of the family of a grantee in respect of the relevant year is, in respect of a relevant period—
(a) if the grantee has, in the relevant period, a brother or sister who is undertaking an approved course as a full time student—an amount calculated in accordance with the formula—
where—
M is the amount equal to the amount calculated in accordance with paragraph (b) in relation to the grantee; and
N is the number of children (including the grantee) of the parents of the grantee or cither of them (whether or not those children are grantees) undertaking in the relevant period approved courses as full-time students; and
(b) in any other case—an amount calculated on the basis of $2 for every $10 by which the adjusted family income of the family of the grantee in respect of the relevant year (excluding, if that adjusted family income exceeds 515,200 the amount of the excess) exceeds $7,600 and S3 for every $10 by which that adjusted family income exceeds $15,200.”;
(g) by omitting sub-regulations (11), (12) and (13) and substituting the following sub-regulations:—
“ (11) For the purpose of calculating the prescribed amount based on the adjusted family income of the family of a grantee in respect of the relevant year, where in a relevant period a brother or sister of the grantee—
(a) is a party to a training agreement;
(b) is a grantee, who is to be deemed to be of independent status;
(c) receives in the aggregate in the relevant period by way of educational assistance an amount in excess of whichever prescribed quantum of educational assistance would, if he or she were a grantee in respect of the relevant period, be applicable in relation to the brother or sister in respect of the relevant period; or
(d) would, if he or she were a grantee, be a grantee who is to be deemed to be of independent status,
the brother or sister shall be deemed not to be undertaking in the relevant period an approved course as a full-time student.
“ (12) Where in respect of a relevant period—
(a) the prescribed amount based on the adjusted family income of the family of a grantee in respect of the relevant year is calculated as provided in paragraph (6) (a);
(b) a brother or sister of the grantee (excluding a brother or sister referred to in sub-regulation (11)) is undertaking an approved course as a full-time student and is in receipt of income (including educational assistance); and
(c) the sum of—
(i) the amount (if any) by which the maximum allowance in respect of the grantee, in respect of the relevant period, would exceed the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee if, in respect of the relevant period, sub-regulation (3) applied to the grantee and the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year were calculated as provided in paragraph (6) (b); and
(ii) the amount (if any) by which the amount of the additional living allowance, in respect of the relevant period, exceeds the sum of the respective amounts by which the respective incomes, in the relevant period, of each brother or sister referred to in paragraph (b) exceeds—
(A) if the brother or sister is living at home— prescribed proportion Q; or
(B) in any other case—prescribed proportion P.
is not less than the prescribed margin,
living allowance is payable in respect of the grantee, or in respect of the grantee and his dependants.
“(13)The rate at which living allowance is payable under sub-regulation (12) is in respect of a relevant period, the amount per day calculated in accordance with the formula—
where—
A is the amount (if any) by which the maximum allowance in respect of the grantee, in respect of the relevant period, would exceed the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee if, in respect of the relevant period, sub-regulation (3) applied to the grantee and the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year were calculated as provided in paragraph (6) (b);
B is the amount (if any) by which the amount of the additional living allowance, in respect of the relevant period, exceeds the sum of the amounts by which the income in the relevant period, of each brother or sister referred to in paragraph (12) (b), exceeds—
(a) if the brother or sister is living at home—prescribed proportion Q; or
(b) in any other case—prescribed proportion P; and
C is the number of days in the relevant period.”;
(h) by inserting in sub-regulation (15) after the word “ grantee ” (first occurring) the words “ , in respect of a relevant period,”;
(i) by inserting in paragraph (a) of sub-regulation (15) after the words “ in respect of the grantee ” the words “ , in respect of the relevant period, ”;
(j) by inserting in paragraph (a) of sub-regulation (15) after the word “ if ” the words “, in respect of the relevant period,”;
(k) by inserting in paragraph (b) of sub-regulation (15) after the words “ in respect of the grantee ” the words “, in respect of the relevant period,”; and
(1) by inserting in paragraph (b) of sub-regulation (15) after the word “ if ” the words “ in respect of the relevant period,”.
“ 43a. Where a person is not a grantee on the day on which the tertiary education institution first provides the part of his approved course, being the part that he proposed to undertake, or is undertaking, in the relevant year, living allowance is not payable in respect of the grantee in respect of the period in the relevant year, being the period prior to the day on which the person first becomes a grantee in respect of that part of the approved course.
“ 43b. Where a grantee does not, on the day on which the tertiary education Institution first provides the part of his approved course, being the part that be proposed to undertake in the relevant year, commence to undertake that part of his approved course, living allowance is not payable in respect of the grantee in respect of the period in the relevant year, being the period prior to the day on which the grantee first commences to undertake that part of his approved course in the relevant year.”.
(a) by omitting from paragraph (i) of sub-regulation (1) the words “ in the relevant year of the grantee ” and substituting the words “ of the grantee in the relevant period ”;
(b) by omitting from paragraph (i) of sub-regulation (1) the figures “ $600 ” and substituting the words “ the prescribed quantum of educational assistance ”;
(c) by omitting from paragraph (j) of sub-regulation (1) the words “ in the relevant year of the grantee ” and substituting the words “ of the grantee in the relevant period ”;
(d) by omitting from paragraph (i) of sub-regulation (1) the figures “ $1,500 ” and substituting the words “ the prescribed allowable income ”;
(e) by omitting from paragraph (k) of sub-regulation (1) the words “ in the relevant year of the grantee ” and substituting the words “ of the grantee in the relevant period ”;
(f) by omitting from paragraph (k) of sub-regulation (1) the figures “ $600 ” and substituting the words “ the prescribed quantum of educational assistance ”;
(g) by omitting from paragraph (l) of sub-regulation (1) the words “ in the relevant year of the grantee ” and substituting the words “ of the grantee in the relevant period ”;
(h) by omitting from paragraph (l) of sub-regulation (1) the figures “ $1,500 ” and substituting the words “ the prescribed allowable income ”;
(i) by omitting sub-paragraphs (iii) and (iv) of paragraph (p) of sub-regulation (1) and substituting the following sub-paragraphs:—
“ (iii) receives in the relevant period by way of educational assistance within the meaning of paragraph 42 (11) (c), an amount in
excess of the prescribed quantum of educational assistance referred to in that paragraph;
(iv) becomes a grantee who is to be deemed to be of independent status within the meaning of regulation 30; or
(v) becomes a person who, if he or she were a grantee, would be a grantee who is to be deemed to be of independent status within the meaning of regulation 30;”; and
(k) by omitting sub-regulation (2) and substituting the following sub-regulation:—
“ (2) In this regulation—
(a) ‘ approved course ’, ‘ Assistance ’, ‘ grantee ’, ‘ relevant period ’ and ‘ relevant year ’ have the same meanings, respectively, as in Part III;
(b) a reference to living allowance shall be read as a reference to living allowance under paragraph 11 (b) of the Act; and
(c) a reference to prescribed allowable income and prescribed quantum of educational assistance shall be read as a reference to prescribed allowable income and prescribed quantum of educational assistance, respectively, for the purposes of Part III.”.
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