Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 38211

 

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 18 December 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Susan Ryan

Minister of State for Education

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Student Assistance Regulations.

Commencement

2. These Regulations shall come into operation on 1 January 1987.

Interpretation

3. Regulation 29 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of “gross income” and substituting the following definition:

“ ‘income’, in relation to a person in relation to a period, includes—

(a) any amount that in respect of that period is assessable income of that person under the Income Tax Assessment Act, other than any amount that is an

 

(S.R. 404/86)—Cat. No.  12/9.12.1986

 

allowable deduction under sections 51 to 54 (inclusive) of that Act;

(b) any amount of income of that person derived from a source out of Australia that in respect of that period would be assessable income of that person under that Act if that income were derived from a source in Australia, other than any amount that would be an allowable deduction under those sections if that income were derived from a source in Australia;

(c) any amount payable for the maintenance of that person or a dependant of that person; and

(d) any amount payable on behalf of, or for the benefit of, another person,

and excludes any amount payable to that person—

(e) as an allowance under Part V, VI or VIB of the Social Security Act;

(f) as a pension under Part VIA of the Social Security Act;

(g) as rent assistance under the Social Security Act;

(h) as educational assistance payable in respect of another person;

(i) as domiciliary nursing care benefit under Part VB of the National Health Act 1953; or

(j) that is payable—

(i) under section 21 of the Child Welfare Ordinance 1957 of the Australian Capital Territory in respect of the care of a ward; or

(ii) under a corresponding provision of a law of a State or the Northern Territory in respect of the care of a ward;”; and

(b) by omitting sub-regulation (12) and substituting the following sub-regulation:

“(12) For the purposes of this Part, a reference to the income of a person shall be read as a reference to the income that the person derives within the meaning of the Income Tax Assessment Act.”.

Applications

4. Regulation 32 of the Principal Regulations is amended—

(a) by omitting from paragraph (2) (b) “gross”; and

(b) by omitting from paragraph (4) (b) “gross”.

Living allowance—students of independent status

5. Regulation 41 of the Principal Regulations is amended—

(a) by omitting sub-regulations (3a) and (3b) and substituting the following sub-regulation:

 

“(3b) For the purposes of this regulation, the income of a spouse does not include—

(a) a payment of a kind referred to in paragraph 23 (kb) or paragraph 23ad (3) (a), (b) or (c) of the Income Tax Assessment Act; or

(b) any other income of the spouse that is of a like kind to a payment referred to in paragraph (a).”; and

(b) by omitting sub-regulations (7) and (8) and substituting the following sub-regulation:

“(7) In this regulation, ‘educational assistance’, in relation to a grantee, means any benefit or assistance granted or awarded under a scholarship, bursary or like award, other than—

(a) benefit under Assistance; or

(b) benefit granted by an education institution from funds provided to the institution under the Commonwealth’s Special Assistance to Students Program.”.

Living allowance—students not of independent status

6. Regulation 42 of the Principal Regulations is amended—

(a) by omitting sub-regulations (7), (8), (9) and (10) and substituting the following sub-regulations:

“(7) Subject to sub-regulation (8) and regulations 42a and 42b, the adjusted family income of the family of a grantee in respect of the relevant year is an amount equal to the amount in dollars calculated in accordance with the formula—

,

where—

A is the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the year preceding the relevant year, of each person who was a parent of the grantee on 1 January in the relevant year; and

C is the number equal to the total number of children (not including the grantee) each of whom was, on that 30 June, wholly or substantially dependent on one or more of those parents.

“(8) For the purposes of sub-regulation (7), the income of a parent of a grantee does not include—

(a) a payment of a kind referred to in paragraph 23 (kb) or paragraph 23ad (3) (a), (b) or (c) of the Income Tax Assessment Act; or

(b) any other income of the parent that is income of a like kind to a payment referred to in paragraph (a).”; and

(b) by omitting sub-regulations (17) and (18) and substituting the following sub-regulation:

 

“(17) In this regulation, ‘educational assistance’, in relation to a grantee, means any benefit or assistance granted or awarded under a scholarship, bursary or like award, other than—

(a) benefit under Assistance; or

(b) benefit granted by an education institution from funds provided to that institution under the Commonwealth Special Assistance to Students Program.”.

Living allowance—parental income concession

7. Regulation 42a of the Principal Regulations is amended—

(a) by omitting sub-regulation (3) and substituting the following sub-regulation:

“(3) Where this sub-regulation applies in respect of a grantee in respect of a day in the relevant year, sub-regulation 42 (7) applies in respect of the grantee in respect of that day as if the adjusted family income of the family of the grantee in respect of the relevant year were in respect of that day an amount equal to the amount in dollars calculated in accordance with the formula—

where—

A is the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the relevant year, of each person who was a parent of the grantee on 1 January in the relevant year; and

C is the number of children (not including the 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, a parent of the grantee.”;

(b) by omitting from sub-regulation (4) all the words from and including “as if the adjusted family income of the family of the grantee” to and including “the assessable income, within the meaning of that Act, of that person;” and substituting—

“as if the adjusted family income of the family of the grantee were an amount equal to the amount in dollars calculated in accordance with the formula—

where—

A is the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the relevant year, of each person who was a parent of the grantee on 1 January in the relevant year;”; and

(c) by omitting from that sub-regulation “wholly or partly dependent” and substituting “wholly or substantially dependent”.

 

8. The Principal Regulations are amended by adding at the end the following regulation:

Certain information in writing to be evidence

“94. A document purporting to be signed by an officer within the meaning of section 16 of the Income Tax Assessment Act, containing information communicated to the Secretary under paragraph 16 (4) (hb) of that Act, is evidence of the information contained in the document.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1986.

2. Statutory Rules 1974 No. 179, as amended to date. For previous amendments see Note 2 to Statutory Rules 1986 No. 381 and see also Statutory Rules 1986 No. 381

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