Student Assistance Regulations (Amendment) (Cth)

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Statutory Rules 1988 No. 3461

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 15 December 1988.

N. M. STEPHEN.

Governor-General

By His Excellency's Command,

J. S. Dawkins

Minister of State for Employment

and Education Services

_________

Commencement

1. These Regulations commence on 1 January 1989.

Principal Regulations

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

Persons to be treated as permanent residents

3. Regulation 5 of the Principal Regulations is amended by omitting paragraphs (a), (b), (c) and (d) and substituting the following paragraphs:

"(a) persons who are permanent residents within the meaning of subsection 14a (2) of the Migration Act 1958, other than persons who are permanent residents within the meaning of that Act only because subsection 8 (1) of that Act applies to them;

(S.R. 373/88)—Cat. No. 14/1.12.1988

 

(b) persons to whom paragraph 8 (1) (e) of that Act applies who have permanently settled in Australia.".

4. Part III of the Principal Regulations is amended by omitting the heading "Division 1—Grant of Education Assistance" and substituting the following heading:

"Division 1Interpretation: Part III".

Interpretation

5. Regulation 29 of the Principal Regulations is amended:

(a) by omitting paragraph (b) of the definition of "income" in subregulation (1) and substituting the following paragraph:

“(b) in relation to the spouse or a parent of a grantee in relation to a period, means the sum of:

(i) the spouse's or parent's taxable income within the meaning of subsection 6 (1) of the Income Tax Assessment Act;

(ii) any amount received by the spouse or parent for his or her maintenance or the maintenance of a dependant of that spouse or parent; and

(iii) income of the spouse or parent that is derived from a foreign country, not being income referred to in subparagraph (i) or an amount referred to in subparagraph (ii), on which income tax is payable under a law of that or any other foreign country;";

(b) by inserting in subregulation (1) the following definitions:

" 'ESL course' means a course of study of English as a second language that is an approved course;

'year 9 level', in relation to study in a course of secondary education at an educational institution, means study at a level referred to in paragraph 34e (4) (a);";

(c) by omitting subregulations (5), (6), (7), (8) and (9) and substituting the following subregulations:

"(5) For the purposes of this Part, an ESL course shall be taken to be at year 9 level.

"(6) For the purposes of this Part, a child shall not be taken to be wholly or substantially dependent on a person only because the person pays for the maintenance of the child.".

6. After regulation 29 of the Principal Regulations the following regulation is inserted:

Interpretation—living allowance

“29aa. (1) For the purposes of this Part, the prescribed margin in relation to a grantee in respect of a relevant period is the amount calculated in accordance with the formula—

 

"(2) For the purposes of this Part, the prescribed allowable income in relation to a grantee in respect of a relevant period is the amount calculated in accordance with the formula—

 

"(3) For the purposes of this Part, in respect of a grantee in respect of a relevant period:

(a) prescribed proportion P is the amount calculated in accordance with the formula—

; and

(b) prescribed proportion Q is the amount calculated in accordance with the formula—

"(4) For the purposes of this Part, the prescribed quantum of educational assistance is the amount calculated in accordance with the formula—

"(5) In the formulae set out in subregulations (1), (2), (3) and (4):

(a) A is the maximum of:

(i) $4,244 where the grantee is under 18 years of age;

(ii) $5,094 where the grantee is 18 years of age or older;

(iii) $6,049 where the grantee:

(a) is undertaking an ESL course and is 21 years of age or older;

(b) is qualified; or

(c) has a dependant; or

(iv) $7,104 where the grantee has a natural or adopted child but does not have a spouse;

(b) B is the maximum of:

(i) $2,792 where the grantee is under 18 years of age;

(ii) $3,353 where the grantee is 18 years of age or older; or

(iii) $3,979 where the grantee:

 (a) is undertaking an ESL course and is 21 years of age or older; or

(b) is qualified;

(c) C is the number of days in the relevant period; and

(d) D is the number of days in the relevant year.

"(6) Where a grantee becomes qualified in respect of an approved course, the grantee shall be taken to remain so qualified until he or she discontinues or completes full-time study in the course.

"(7) A grantee who has lodged a claim for unemployment benefit under Part XIII of the Social Security Act shall, for the purposes of paragraph (6) (b), be taken to have been in receipt of the benefit in respect of the period beginning on the day on which the claim was lodged and ending on the day before the first day in respect of which the benefit was paid, except in respect of any part of the period during which he or she was:

(a) in full-time employment;

(b) on paid recreation leave; or

(c) in receipt of a benefit under a prescribed educational scheme.

"(8) The references in subparagraphs (5) (a) (iii) and (b) (iii) and subregulation (7) to a grantee who is qualified are references to a grantee:

(a) who was in receipt of a pension benefit specified in paragraph (a), (b), (c) or (d) of the definition of 'pension benefit' in subregulation 29 (1) in respect of:

(i) the last day on which the pension benefit could have been received in the year preceding the relevant year; or

(ii) a day in the relevant year;

(b) who was, before commencing full-time study in an approved course in the relevant year, in receipt of such a pension benefit in respect of a period of, or periods amounting to, not less than 6 months in the period of 9 months preceding the last day on which he or she was in receipt of the pension benefit; and

(c) who attained the age of 21 years on or before the first day on which he or she undertook the approved course to which the Assistance relates.

"(9) The reference in subparagraph (5) (a) (iii) to a dependant of a grantee is a reference to:

(a) a spouse in respect of whom living allowance payable under subregulation 41 (3) is increased by an amount calculated in accordance with subregulation 41 (5); or

(b) a dependent child unless:

(i) that subparagraph applies to the grantee's spouse because the child is dependent on that spouse; or

 (ii) the grantee's spouse is eligible for a rate of allowance under the Aboriginal Study Assistance Scheme because the child is dependent on that spouse.".

Independent status

7. Regulation 30 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) "assistance" and substituting "Assistance";

(b) by omitting paragraph (1) (c) and substituting the following paragraph:

“(c) has a natural or adopted child who is wholly or substantially dependent on the applicant or grantee or on his or her spouse;";

(c) by omitting "(c)," from paragraph (1) (g).

8. After regulation 30 of the Principal Regulations the following regulations and heading are inserted:

Isolated secondary students

"31. (1) In this regulation:

'Melbourne metropolitan area' has the same meaning as 'metropolitan area' in subsection 201 (1) of the Melbourne and Metropolitan Board of Works Act 1958 of Victoria;

'relevant school', in relation to a student, means a government secondary school:

(a) that is a full high school; or

(b) that provides instruction at a level appropriate for the student, not being a full high school or a school that the secondary education authority of the State or Territory where the student resides has stated in writing to be inappropriate for the student because of specified academic grounds other than because of the absence from its curriculum of a particular subject of study.

"(2) Subject to subregulation (8), a general secondary student is an isolated student for the purposes of this Part:

(a) if the residence that is the principal home of the student's parents is isolated;

(b) if the student undertakes a special course;

(c) if the student is disabled;

(d) if the student is a prescribed student; or

(e) if:

(i) the student's parents move their principal or temporary home frequently in a year because of the nature of a parent's work; and

 (ii) the student is consequently unable to attend one school continuously in the year while residing with either or both of his or her parents.

"(3) For the purposes of paragraph (2) (a), the residence that is the principal home of a student's parents is isolated:

(a) if it is 16 kilometres or more from the nearest relevant school and is 4.5 kilometres or more from the route of a public transport service to and from that school;

(b) if it is less than 4.5 kilometres from the route of a public transport service to or from a relevant school and:

(i) it is 56 kilometres or more from the school; or

(ii) the time taken for a return journey between the home and the school is 3 hours or more;

(c) if:

(i) it is 8 kilometres or more from the nearest relevant school and from the route of a public transport service to and from the school; and

(ii) because of circumstances that usually apply to a journey between the home and the school, it would be impractical for a parent of the student to transport him or her daily between the home and the school; or

(d) if, as a result of special weather conditions, it is likely that:

(i) the student would be unable to travel between the home and the nearest relevant school on 20 or more school days in the relevant year; or

(ii) paragraph (a), (b) or (c) would apply in respect of the home on 30 or more term days in the relevant year.

"(4) For the purposes of paragraph (2) (b) and subregulation (5), 'special course' means a course of one or more of the following kinds:

(a) a course specified in column 2 of an item in Schedule 3b at an educational institution specified in column 3 of that item;

(b) a course of secondary studies leading to the award of a formal qualification recognised by the secondary education authority of the State or Territory in which the educational institution providing the course is situated, not being a qualification relating to a course of matriculation or other general studies or to an approved tertiary course;

(c) a course at year 11 or 12 level including study of a subject that a student must pass to gain entry to a particular approved tertiary course (not merely to a particular subject of study in an approved tertiary course), being a tertiary course the student intends to undertake and to which he or she is reasonably likely to gain entry;

(d) except where the parents of the student:

(i) do not live in Victoria; or

 (ii) live in the Melbourne metropolitan area—

a year 10, 11 or 12 course of technical education, a preliminary year course for a diploma or degree or a tertiary orientation program in Victoria;

(e) where the student qualified below year 11 level for a boarding allowance under the Assistance for Isolated Children Scheme at the end of the 1988 school year in respect of a course at an educational institution that included a substantial agricultural studies component—a course undertaken by the student below year 11 level at that institution that includes a substantial agricultural studies component;

(f) where a guidance officer of a secondary education authority of a State or Territory or a non-government secondary education authority or a tertiary-qualified psychologist recommends in writing that the student should receive specialised remedial education—a course undertaken by the student in accordance with the recommendation.

"(5) For the purposes of paragraph (2) (b), a student shall be taken not to be undertaking a special course if the principal home of the student's parents is not a home to which subregulation (3) would apply if the references in that subregulation to a relevant school were references to any government secondary school that offers a special course of the same kind as the special course undertaken by the student.

"(6) For the purposes of paragraph (2) (c), a student is disabled if he or she does not reside at the principal home of his or her parents because of a medical condition, a physical disability or a behavioural or an emotional problem:

(a) that prevents the student from undertaking daily travel between that home and the relevant school nearest to the home;

(b) that requires frequent, extensive and essential medical treatment that is not available within a reasonable distance from the home;

(c) as a result of which the student needs special educational facilities that are not available within a reasonable distance from the home;

(d) in respect of which the student needs to attend an institution that caters for persons with the same condition, disability or problem as the student;

(e) that is substantially aggravated by the climatic conditions prevailing in the vicinity of the home; or

(f) in the case of a behavioural or an emotional problem—in respect of which a medical practitioner has recommended that the student attend a boarding school.

"(7) Subject to subregulation (10), for the purposes of paragraph (2) (d), where paragraph (2) (a), (b), (c) or (e) ceases to apply to a student in a year, the student is a prescribed student for the remainder of the year.

"(8) Subject to subregulation (10), for the purposes of paragraph (2) (d), a student:

(a) who was, at any time in a year, an isolated student while undertaking year 9 at an educational institution and would not, but for this regulation, be an isolated student while undertaking year 10 in the following year; or

(b) who was, at any time in a year, an isolated student while undertaking year 11 at an educational institution and would not, but for this regulation, be an isolated student while undertaking year 12 in the following year;

is a prescribed student while undertaking year 10 or 12, as the case may be, at that institution in that following year.

"(9) The reference in paragraph (8) (a) to an isolated student is a reference to an isolated student:

(a) undertaking a year 10 course on the satisfactory completion of which there will be issued a certificate of formal qualification; and

(b) in relation to whom the secondary education authority of the State or Territory in which the student is undertaking year 9 states in writing that it would be desirable for the student to undertake year 10 at the same educational institution that he or she attended while undertaking year 9.

"(10) Subregulation (2) ceases to apply to a student undertaking an approved course at an educational institution where:

(a) the student ceases to undertake studies at that institution; or

(b) in the case of a student to whom paragraph (2) (a) applied while attending that institution—paragraph (2) (a) would cease to apply to the student if references to a relevant school in subregulation (3) were references to that institution.

"(11) Despite anything in this regulation, a student of a course who is not under this regulation an isolated student for 5 or more weekdays of any one or more of the terms of the course in a year is not, for the purposes of this regulation, an isolated student in respect of the year.

Separation of grantee from his or her spouse

"31a. (1) Subject to subregulation (3), for the purposes of this Part, the husband or wife of a grantee shall be taken not to be a spouse of the grantee while he or she lives separately and apart from the grantee.

"(2) For the purposes of this Part, where a grantee who lives separately and apart from his or her spouse for a period of at least 6 months in duration subsequently resumes cohabitation with that spouse on a day in the relevant year, the grantee shall be taken not to have resumed that cohabitation in that year.

"(3) Where:

(a) a grantee was, on 1 January in the relevant year, living separately and apart from his or her spouse; and

(b) the grantee resumes cohabitation with that spouse and the period during which the grantee and the spouse lived separately and apart was less than 6 months in duration;

then, for the purposes of calculating, in respect of a day on or after the day on which the grantee resumed cohabitation with that spouse:

(c) whether living allowance is payable under subregulation 41 (3) in respect of that day in respect of the grantee; or

(d) the rate at which any such living allowance is payable under subregulation 41 (4) in respect of that day in respect of the grantee;

that spouse shall be taken to have been the spouse of the grantee on that 1 January.

Separation of the parents of a grantee

"31b. (1) For the purposes of this Part, where a person:

(a) ceases to be a parent of a grantee because he or she lives separately and apart from another parent of the grantee;

(b) so lives, for period of at least 6 months in duration; and

(c) subsequently resumes cohabitation with that other parent on a day in the relevant year;

that person shall be taken not to have resumed that cohabitation in that year.

"(2) Where:

(a) a person was, because he or she was living separately and apart from a parent of a grantee, not a parent of the grantee on 1 January in the relevant year; and

(b) the person resumes cohabitation with that parent within a period that commenced on the day on which the person and that parent commenced to live separately and apart and that is less than 6 months in duration;

then, for the purposes of calculating in respect of a day on or after the day on which the person resumes cohabitation with that parent:

(c) whether living allowance is payable under subregulation 42 (3) in respect of that day in respect of the grantee; or

(d) the rate at which any such living allowance is payable under subregulation 42 (4) in respect of that day in respect of the grantee;

that person shall be taken to have been a parent of the grantee on that 1 January.

"Division 1a—Grant of Education Assistance".

Ineligibility—age of student

9. Regulation 32c of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulation:

"(2) Subregulation (1) does not apply to a student to whom paragraph 30 (1a) (c) applies.".

10. After regulation 33b of the Principal Regulations the following regulation is inserted:

Ineligibility—New Zealand citizens

"33c. (1) A New Zealand citizen who is included in the class of persons specified in paragraph 5 (b) is not eligible to be granted Assistance in respect of a period unless the last arrival of the citizen in Australia was at least 6 months before the commencement of the period.

"(2) The reference in subregulation (1) to the last arrival in Australia of a New Zealand citizen does not include a reference to an arrival immediately before which the citizen was eligible for the grant of Assistance.".

Ineligibility—secondary students: previous tertiary study

11. Regulation 34d of the Principal Regulations is amended by inserting ", other than an ESL course," after "approved secondary course".

Ineligibility—adult secondary students: repeat year of secondary study

12. Regulation 34e of the Principal Regulations is amended by omitting from subregulation (1) the definition of "year 9 level".

Termination—completion or cessation of approved course

13. Regulation 37 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) "and (3)" and substituting ", (3) and (4)";

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

"(4) Despite subregulations (2) and (3), where:

(a) an isolated student who boards at a boarding establishment ceases to undertake his or her approved course at an educational institution on the last day of a term of the course in a year; and

(b) Assistance is payable in respect of the student in respect of that day;

the student's Assistance terminates on the last day of the pay period that includes the last day of that term.

"(5) In subregulation (4):

'boarding establishment' means a boarding school, student hostel or an establishment for the accommodation of disabled persons;

'pay period', in relation to a student, means a period in respect of which Assistance in respect of students to whom paragraph 42 (2) (aa) applies is paid in the State or Territory in which the educational institution attended by the student is situated.".

Living allowance—students of independent status

14. Regulation 41 of the Principal Regulations is amended:

(a) by inserting in subregulation (1) "42b," after "regulations";

(b) by omitting from subregulation (1) ", 45b and 45c" and substituting "and 45b";

(c) by omitting from subregulation (3ab) "$16,000" and substituting "$16,950";

(d) by omitting subregulation (5) and substituting the following subregulations:

"(5) Where living allowance is payable under subregulation (3) in respect of a grantee in respect of a day in an applicable period and the grantee has a spouse who on that day.

(a) is dependent on the grantee: and

(b) does not receive a pension benefit or a benefit under a prescribed educational scheme;

the rate of living allowance payable in those respects is increased by the amount calculated in accordance with the formula—

where:

F is the amount calculated in accordance with the formula—

G is the amount (if any) calculated on the basis of $1 for every $2 by which the income of the grantee's spouse in the applicable period exceeds the amount calculated in accordance with the formula—

H means the number of days in the applicable period; and

Y means the number of days in the relevant year.

"(6) In subregulation (5):

'applicable period', in relation to a person who is the spouse of and dependent on a grantee, means a part of the relevant period when the person is not in receipt of a pension benefit or a benefit under a prescribed educational scheme.".

Repeal

15. Regulation 41b of the Principal Regulations is repealed.

Living allowance—students not of independent status

16. Regulation 42 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) "43b, 43c, 44b, 44f, 44g, 45, 45a, 45b and 45c" and substituting "42b, 43b, 43c, 44b, 44f, 44g, 45, 45a and 45b";

 (b) by omitting from paragraph (2) (a) “, prescribed proportion P: and" and substituting "—prescribed proportion P;";

(c) by inserting after paragraph (2) (a) the following paragraph:

"(aa) in the case of a grantee who is an isolated student who does not reside with either or both of his or her parents— prescribed proportion P; and";

(d) by omitting from paragraph (6) (a) all the words from and including "who:" to and including "paragraph 32c (2) (b)" and substituting "to whom subregulation (8)";

(e) by omitting from paragraph (6) (a) "subparagraphs (i) and (ii) apply" and substituting "subregulation (8) applies";

(f) by omitting from paragraph (6) (b) "$16,000" and substituting "$16.950";

(g) by omitting from subregulation (7) "42a and 42b" and substituting "31b and 42a";

(h) by omitting from paragraph (7) (b) "(not including the grantee)" and substituting "who is not the grantee or a brother or sister of the grantee, being a brother or sister to whom subregulation (8) applies";

(i) by omitting from paragraph (7) (c) "(not including the grantee)" (wherever occurring) and substituting "(not including the grantee or a brother or sister of the grantee, being a brother or sister to whom subregulation (8) applies)";

(j) by omitting subregulation (11) and substituting the following subregulation:

“(8) This subregulation applies to a brother or sister of a grantee where:

(a) the brother or sister is 16 years of age or older, is undertaking an approved course as a full-time student and is not:

(i) a person who, under regulation 33, is not eligible to be granted Assistance;

(ii) a person who, under regulation 33a, is not eligible to be granted Assistance;

(iii) deemed to be of independent status;

(iv) a person who would, if he or she were a grantee, be deemed to be of independent status; or

(v) a pensioner; or

(b) the brother or sister is a person in respect of whom benefits are paid under the Assistance for Isolated Children Scheme and is not a person:

(i) who is less than 16 years of age and in respect of whom correspondence allowance is payable under that Scheme; or

 (ii) who receives an invalid pension under Part IV of the Social Security Act.".

17. Regulation 42b of the Principal Regulations is repealed and the following regulation substituted:

Living allowance—assets test

"42b. (1) In this regulation, unless the contrary intention appears:

'assets', in relation to a person, means the property of the person, whether or not situated in Australia;

'business' includes:

(a) the carrying on of primary production; and

(b) the provision of professional services;

'family member', in relation to a person, means:

(a) the person or the spouse of the person;

(b) a parent or child of the person or of the spouse; or

(c) a spouse of the parent or child referred to in paragraph (b);

'property' means property of every kind whether real or personal or corporeal or incorporeal.

"(2) In this regulation, a reference to the value of the assets of a person who is a beneficiary of a trust includes a reference to:

(a) the value of assets that the person may deal with in any manner and whether directly or indirectly, in order that the assets will benefit the person at a future time, whether in the form of income or not;

(b) if the person is entitled to receive a benefit (including a loan, a repayment, in whole or in part, of a loan or any other payment of any kind) provided directly or indirectly out of assets of the trust—the value of the benefit;

(c) if the person has, directly or indirectly, assigned to another person his or her interest in the assets and is able, in any manner and whether directly or indirectly, to control the use to which the interest is put—the value of that interest; and

(d) if the person has power to make or revoke an appointment or otherwise to obtain, whether with or without the consent of any other person, the beneficial enjoyment of any assets of the trust—the value of those assets.

"(3) Living allowance is not payable in respect of a grantee:

(a) who is deemed to be of independent status and does not have a spouse—if the value of the assets of the grantee exceeds $89,250;

(b) who is deemed to be of independent status and has a spouse—if the value of the assets of the grantee and the spouse together exceeds $127,000; or

 (c) who is not deemed to be of independent status—if the value of the assets of the parent or both parents of the grantee exceeds $300,000.

"(4) In calculating the value of the assets of a person for the purposes of subregulation (3), there shall be disregarded:

(a) the value of any right or interest of the person in the residence that is the principal home of the person and of his or her spouse;

(b) the value of any asset of the person that is not able to be disposed of for valuable consideration;

(c) the value of any assets (not including a contingent, remainder or reversionary interest) to which the person is entitled from the estate of a deceased person but that is not able to be received;

(d) if the person or the spouse of the person, or a dependent child of either of them, is a disabled person:

(i) the value of any personal property used by the disabled person that is designed for use by a disabled person; and

(ii) any part of the value of personal property used by the disabled person that is attributable to modifications made to the property to enable it to be used by a disabled person; and

(e) if the person:

(i) has sold, on terms under which payment of part of the purchase price is deferred, a residence that was the principal home of the person; and

(ii) has purchased, on those terms, another residence that is the principal home of the person;

so much of the balance of the purchase price that is due to the person in respect of the sale as is applied by the person in respect of the purchase of the other residence.

"(5) Where a person sells the residence that is his or her principal home and is likely, within a period of 12 months, to apply the whole or part of the proceeds of that sale in the acquisition of another residence that is to be the principal home of the person, there shall be disregarded in calculating the value of the assets of the person for the purposes of subregulation (3) in respect of that period so much of the proceeds of that sale as the person is likely to apply in the acquisition of the other residence.

"(6) A reference in this regulation to the principal home of a person includes a reference to:

(a) in the case of a dwelling, other than an apartment, a flat or a home unit—any land adjacent to the dwelling to the extent that the land, together with the area of the ground floor of the dwelling, does not exceed 2 hectares; or

(b) in the case of an apartment, a flat or a home unit—a garage or storeroom that is used primarily for private or domestic purposes in association with the apartment, flat or unit.

"(7) The reference in paragraph (6) (a), in relation to a dwelling, to land is a reference to land used primarily for private or domestic purposes in association with that dwelling.

"(8) Where a person owes an amount of money that was applied by the person in the acquisition or improvement of an asset of the person, the value of that asset shall be reduced by that amount.

"(9) Where a person is owed an amount of money, the value of the assets of the person for the purposes of subregulation (3):

(a) includes so much of that amount that has not been repaid to the person; and

(b) does not include any amount payable by way of interest on the amount owed to the person.

"(10) For the purposes of subregulation (3), the value of the assets of a person on a day includes the value of assets that the person disposed of within the period of 5 years preceding that day but on or after 24 August 1988.

"(11) For the purposes of subregulation (10), a person shall be taken to have disposed of an asset:

(a) if the person receives no, or unreasonably low, valuable consideration for the asset; or

(b) if the person engages in conduct that diminishes, directly or indirectly, the value of the asset, not being conduct by which the person ceases employment, ceases to engage in a business, reduces the extent to which the person is employed or reduces the extent to which the person engages in a business;

and the value of the asset so disposed of shall be taken to be an amount equal to the value of the asset when the asset was so disposed of less the value of any consideration received by the person for the asset.

"(12) Where in a period a person is engaged, for periods amounting in the aggregate to a substantial proportion of the period, in a business that is owned by:

(a) the person;

(b) a trust under the terms of which the person is a beneficiary and a family member has, or family members have, as a beneficiary or beneficiaries, assets amounting to more than 50% of the value of the trust estate;

(c) the person and another person or persons in partnership; or

(d) a body corporate in which the person has an interest and a family member has, or family members have, whether directly or indirectly, a controlling interest;

there shall be disregarded in calculating the value of the assets of the person or the spouse of the person for the purposes of subregulation (3):

 (e) where paragraph (a) applies—50% of the value of the assets of the business;

(f) where paragraph (b) applies—50% of the amount that bears to the value of the business the same proportion as the value of the share of the person or the spouse in the business as a beneficiary of the trust bears to the value of the interest of the trust in the business; and

(g) where paragraph (c) or (d) applies—50% of the amount that bears to the value of the business the same proportion as the value of the share of the person or the spouse in the assets of the partnership or body corporate that comprise the business bears to the value of the assets of the partnership or body corporate that comprise the business.

"(13) A reference in subregulation (12) to the value of the assets of a business does not include a reference to the value of:

(a) an interest in a chose in action, other than in a copyright, design, patent, plant variety right or trade mark, to which the business is entitled;

(b) a reversionary interest to which the business is entitled; or

(c) assets used for private or domestic purposes by the owner or owners of the business.

"(14) A statement in writing, given to an authorised person by a person performing the duties of an office of Valuer in the Australian Valuation Office of the Department of Administrative Services that contains information about the value of assets is evidence of the information contained in the statement.".

Living allowance—new pensioner students

18. Regulation 43 of the Principal Regulations is amended by omitting from subregulation (2)  and substituting .

Notice to be given of matters affecting Assistance

19. Regulation 85 of the Principal Regulations is amended:

(a) by omitting from subparagraph (1) (p) (iv) "or";

(b) by inserting after subparagraph (1) (p) (v) the following word and subparagraph:

"or (vi) ceases to be a person in respect of whom benefits are paid under the Assistance for Isolated Children Scheme;";

(c) by inserting after paragraph (1) (s) the following word and paragraph:

"or (t) where the grantee is a grantee to whom:

(i) paragraph 42b (3) (a) applies—the value of the assets of the grantee exceed the sum specified in that paragraph;

 (ii) paragraph 42b (3) (b) applies—the value of the assets of the grantee and the spouse of the grantee together exceed the sum specified in that paragraph; or

(iii) paragraph 42b (3) (c) applies—the value of the assets of the parent or both parents of the grantee exceed the sum specified in that paragraph;";

(d) by omitting subregulation (2) and substituting the following subregulation:

"(2) Words and expressions in this regulation have the same respective meanings as those words and expressions in Part III.".

Schedule 3

20. Schedule 3 to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 3  Regulation 7

EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS TECHNICAL AND FURTHER EDUCATION INSTITUTIONS FOR THE PURPOSES OF THE ACT

New South Wales:

C. B. Alexander Agricultural College

Murrumbidgee College of Agriculture

St Joseph's Business College

St Patrick's Business College

Victoria:

Ballet Victoria School

Community Welfare Training Institute

Institute of Social Welfare

Royal Melbourne Institute of Technology Technical College

The Australian Ballet School

Queensland:

Burdekin Rural Education Centre

Dalby Agricultural College

Emerald Rural Training School

Kindercraft Civic Day Nursery

Longreach Pastoral College

Northern Territory:

Katherine Rural Training Centre

Community College of Central Australia.

Schedule 3b

21. After Schedule 3a to the Principal Regulations the following Schedule is inserted:

SCHEDULE 3b

Paragraph 31 (4) (a)

SPECIAL COURSES

Column 1

Column 2

Column 3

Item

Course

Educational institution

NEW SOUTH WALES

1

Secondary course

Conservatorium of Music High School

VICTORIA

2

Special course in music or dance

Victorian College of the Arts Technical School

QUEENSLAND

3

Secondary course

Centre of Excellence in Ballet

WESTERN AUSTRALIA

4

Special art course

Applecross Senior High School

5

Special art course

Balcatta Senior High School

6

Special music course

Churchlands Senior High School

7

Special dance course

Girrawheen Senior High School

8

Special dance course

Hampton Senior High School

9

Special art course

Kalamunda Senior High School

10

Special course in dance or theatre arts

John Curtin Senior High School

11

Special music course

Perth Modern School

12

Special placement program for intellectually talented students

A government secondary school nominated by the Department of Education

SOUTH AUSTRALIA

13

Special music course

Brighton High School

14

Special music course

Marryatville High School

15

Special music course

Woodville High School

16

Year 8-12 2-unit music course

Fremont High School

Application

22. (1) Subregulation (2) applies to a course at an educational institution that was specified in Schedule 3 immediately before the commencement of these Regulations and that was not so specified at the commencement of these Regulations.

(2) If a student commenced before 24 August 1988 a course to which this subregulation applies, the Student Assistance Regulations apply in respect of that student in respect of any period after 31 December 1988 in relation to that course as if the amendment of those Regulations made by regulation 20 had not been made.

notes

1. Notified in the Commonwealth of Australia Gazette on 21 December 1988.

2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 316 and see also Statutory Rules 1988 No. 316 and 345.

Printed by Authority by the Commonwealth Government Printer

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