Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 4021

____________________

Student Assistance Regulations2 (Amendment)

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 21 December 1989.

BILL HAYDEN

Governor-General

By His Excellency's Command,

MARGARET REYNOLDS

Minister of State for Local Government for and on behalf of

Minister of State for Employment and Education Services

________________

Commencement

1. These Regulations commence on 1 January 1990.

Principal Regulations

2. In these Regulations, "Principal Regulations" means the Student Assistance Regulations.

Interpretation: general

3. Regulation 3 of the Principal Regulations is amended:

(a) by omitting paragraph (b) of the definition of "child" in subregulation

(1) and substituting the following paragraph:

“(b) has attained the age of 16 years and:

(i) is undertaking, as a full-time student, a course of study or instruction: and

(S.R. 439/89) Cat. No.  14/11.12.1989

 (ii) is not a party to a training agreement: and

(iii) is not to be taken to be of independent status under regulation 30;";

(b) by omitting subparagraph (c) (ii) from the definition of "child" in subregulation (1) and substituting the following subparagraph:

“(ii) the spouse or cohabitant of the person; and";

(c) by inserting in subregulation (1) the following definition:

“ ‘cohabitant’, in relation to a person, means a person who lives with the person as his wife or her husband on a permanent domestic basis although not his or her spouse;";

(d) by omitting from subregulation (1) the definition of "parents'" and substituting the following definition:

“ ‘parent’, in relation to a person, means

(a) in the case of a person, other than a person referred to in paragraph (b) or (c):

(i) a natural parent of the person; or

(ii) if the person has been legally adopted, an adoptive parent of the person; and

(b) in the case of a person, other than a person referred to in paragraph (c), whose natural or adoptive parents are divorced or live separately and apart—the natural or adoptive parent:

(i) with whom the person normally resides; or

(ii) if the person does not normally reside with either of his or her natural or adoptive parents:

(a) the natural or adoptive parent on whom the person is wholly or substantially dependent; or

(b) if the person is not wholly or substantially dependent upon either of his or her natural or adoptive parents, the natural or adoptive parent upon whom he or she was last wholly or substantially dependent;

or a spouse or cohabitant of the parent on whom the person is wholly or substantially dependent; and

(c) in the case of a person who is wholly or substantially dependent on a person who is not:

(i) his or her natural or adoptive parent; or

(ii) the spouse or cohabitant of the natural or adoptive parent of the person;

a person on whom he or she is so dependent:”:

(e) by adding at the end the following subregulations:

“(2) For the purposes of these Regulations, the husband or wife of a person is not to be taken to be a spouse of the person while he or she lives separately and apart from the person.

“(3) For the purposes of these Regulations, the fact that a person is living with his or her natural or adoptive parent is evidence that the person is wholly or substantially dependent on a spouse or cohabitant of that parent.".

Interpretation

4. Regulation 29 of the Principal Regulations is amended:

(a) by omitting from the definition of "grantee" in subregulation (1) "granted" and substituting "eligible for the grant of;

(b) by omitting from subparagraph (a) (v) of the definition of "income" in subregulation (1) "or XII" and substituting ", XII or XIII";

(c) by adding at the end of subparagraph (b) (i) of the definition of "income" in subregulation (1) "and";

(d) by adding at the end of paragraph (b) of the definition of "income" in subregulation (1) the following word and subparagraph:

“and (iv) income of the spouse or parent:

(a) that is derived from a foreign country or an external Territory; and

(b) on which income tax is not payable under a law of that or any other foreign country or external Territory;

not being income referred to in subparagraph (i) or (iii) or an amount referred to in subparagraph (ii);".

Independent status

5. Regulation 30 of the Principal Regulations is amended:

(a) by omitting from subparagraph (1a) (c) (ii) ", and is unlikely in the near future to receive,";

(b) by omitting from subparagraph (1a) (c) (v) "or" (last occurring);

(c) by adding at the end of subregulation (la) the following word and paragraph:

“: or (e) the spouse or cohabitant of the person is not receiving, on a continuing basis, any payment in the nature of income support from the Commonwealth, a State or Territory, other than Assistance, because he or she is the spouse or cohabitant of the person.".

Isolated secondary students

6. Regulation 31 of the Principal Regulations is amended by adding at the end of subregulation (2) "; and the principal home of the student's parents is situated in Australia or the Territory of Christmas Island".

Repeal

7. Regulations 31a and 31b of the Principal Regulations are repealed.

Ineligibility: previous study and other reasons

8. Regulation 34 of the Principal Regulations is amended by omitting from subregulation (1) “, 34b”.

Repeal

9. Regulation 34b of the Principal Regulations is repealed.

Living allowance: students of independent status

10. Regulation 41 of the Principal Regulations is amended:

(a) by omitting from paragraph (3) (c) ", being a spouse who was the spouse of the grantee on 1 January in the relevant year";

(b) by omitting paragraph (5) (b) and substituting the following paragraph:

"(b) is not entitled to receive a pension benefit or:

(i) Assistance; or

(ii) a benefit under a current special educational assistance scheme; or

(iii) a benefit under a prescribed educational scheme; in respect of his or her studies;".

Living allowance: spouse's income concession

11. Regulation 41a of the Principal Regulations is amended by omitting from paragraph (1) (a) "was on 1 January in the relevant year" and substituting "is".

Living allowance: students not of independent status

12. Regulation 42 of the Principal Regulations is amended:

(a) by omitting from paragraph (6) (a) "applies;" (first occurring) and substituting "applies —";

(b) by omitting from subregulation (7) "regulations 31b and" and substituting "regulation";

(c) by omitting from paragraph (7) (a) "was a parent of the grantee on 1 January in the relevant year" and substituting "is a parent of the grantee, other than a person who became in the relevant year:

(i) a parent of the grantee; and

(ii) the spouse or cohabitant of the other parent of the grantee; if that other parent was not a parent who separated from another spouse or cohabitant in that year immediately before he or she began living with the person;";

(d) by omitting from paragraph (7) (c) "was a parent of the grantee on 1 January in the relevant year" and substituting "is a parent of

 

the grantee, not being a parent described in subparagraphs (a) (i) and (ii)";

(e) by adding at the end of subparagraph (8) (a) (ii) "or";

(f) by omitting subparagraphs (8) (a) (iii) and (iv).

Living allowance: parental income concession

13. Regulation 42a of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (a) "was on 1 January in the relevant year" and substituting "is a parent of the grantee, not being a parent described in subparagraphs (3) (a) (i) and (ii)";

(b) by omitting subregulation (2);

(c) by omitting paragraph (3) (a) and substituting the following paragraph:

“(a) if the grantee was on 30 June in the relevant year the only child who is wholly or substantially dependent on a person who is a parent of the grantee, other than a person who became in that year:

(i) a parent of the grantee; and

(ii) the spouse or cohabitant of the other parent of the grantee;

if that other parent was not a parent who separated from another spouse or cohabitant in that year immediately before he or she began living with the person—equal to the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in that year, of each of those parents of the grantee;";

(d) by omitting from the definition of "a" in paragraph (3) (c) "was a parent of the grantee on 1 January in the relevant year" and substituting "is a parent of the grantee, not being a parent described in subparagraphs (a) (i) and (ii)";

(e) by omitting from the definition of "c" in paragraph (3) (c) "grantee (each of whom was, on that 30 June, wholly or substantially dependent on a person who was, on 1 January in the relevant year," and substituting "grantee or a brother or sister of the grantee to whom subregulation 42 (8) applies) each of whom was, on that 30 June, wholly or substantially dependent on";

(f) by omitting subregulation (4).

14. After regulation 43ba of the Principal Regulations the following regulation is inserted:

Living allowance: benefits under Social Security Act

“43bb. If a student is entitled to receive a payment under Part XIII of the Social Security Act in respect of a period in the relevant year that occurs before the first day on which instruction in his or her approved

course is first offered to the student in that year, living allowance is not payable to the student in respect of that period.".

Number of Awards to be granted each year

15. Regulation 52 of the Principal Regulations is amended:

(a) by omitting paragraphs (1) (a), (b) and (d);

(b) by omitting from subregulation (2) "paragraphs (1) (a), (1) (b), (1) (c) and (1) (d)" and substituting "paragraph (1) (c)".

Repeal

16. Regulations 53, 54 and 56 of the Principal Regulations are repealed.

17. Regulation 71 of the Principal Regulations is repealed and the following regulation substituted:

Incidentals allowance

"71. For the purposes of paragraph 15 (c) of the Act and subject to regulation 75a, the rate at which an incidentals allowance is payable in relation to the holder of an Award is $105 per year.".

Further amendments of the Principal Regulations

18. The Principal Regulations are further amended as set out in the Schedule.

  

SCHEDULE

 Regulation 18

Provision Amended	Omit	Substitute
Subparagraph 29aa (5) (a) (i)...........................................................................	$4,244	$4,959
Subparagraph 29aa (5) (a) (ii)...........................................................................	$5,094	$5,483
Subparagraph 29aa (5) (a) (iii)...........................................................................	$6,049	$6,505
Subparagraph 29aa (5) (a) (iv)...........................................................................	$7,104	$7,639
Subparagraph 29aa (5) (b) (i)...........................................................................	$2,792	$3,003
Subparagraph 29aa (5) (b) (ii)...........................................................................	$3,353	$3,608
Subparagraph 29aa (5) (b) (iii)...........................................................................	$3,979	$4,281
Paragraph 42b (3) (a)...........................................................................	$89,250	$96,000
Paragraph 42b (3) (b)...........................................................................	$127,000	$137,000
Paragraph 42b (3) (c)...........................................................................	$300,000	$322,750
Paragraph 70 (2) (a)...........................................................................	$12,635	$13,227.40
Subparagraph 70 (2) (d) (i)...........................................................................	$10,415	$10,903
Subparagraph 70 (2) (d) (ii)...........................................................................	(a) $10,415	(a) $10,903
(b) $2,220.40	(b) $2,324.40
Paragraph 70 (2) (e)...........................................................................	$10,415.40	$10,903
Paragraph 70 (1) (a)...........................................................................	$250	$262
Paragraph 73 (c)...........................................................................	$200	$209
Paragraph 73 (d)...........................................................................	$100	$105

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 119 and see also Statutory Rules 1989 No. 119.

Printed by Authority by the Commonwealth Government Printer