Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 3721

 

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 19 December 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Susan Ryan

Minister of State for Education

 

Commencement

1. (1) Regulations 3 to 10 (inclusive) shall come into operation on 1 January 1986.

(2) Regulations 11 and 12 shall be deemed to have come into operation on 1 January 1985.

Application of paragraph 70 (2) (c) of the Student Assistance Regulations

2. Paragraph 70 (2) (c) of the Student Assistance Regulations applies in respect of 1985 as if the reference to $520 had been a reference to $728.

Interpretation—Part III

3. Regulation 29 of the Student Assistance Regulations is amended

(a) by omitting sub-regulation (5) and substituting the following sub-regulation:

(S.R. 361/85)—Cat. No.  14/10.12.1985

 

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

.”;

(b) by omitting from paragraph (7) (a) “$3,308” and substituting “$3,821”; and

(c) by omitting paragraphs (7) (b) and (c) and substituting the following word and paragraph:

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

.”.

Independent status

4. Regulation 30 of the Student Assistance Regulations is amended by omitting paragraph (1) (f) and substituting the following paragraph:

“(f) has, in respect of periods amounting in the aggregate to not less than 104 weeks during the last 156 weeks, been a prescribed person and applies on that ground to be deemed to be of independent status;”.

Living allowance—students of independent status

5. Regulation 41 of the Student Assistance Regulations is amended

(a) by omitting from sub-regulation (3) “prescribed proportion R” and substituting “prescribed proportion P”;

(b) by omitting from sub-regulation (3ab) “$14,281” and substituting “$14,995”;

(c) by omitting from sub-regulation (4) “prescribed proportion R” and substituting “prescribed proportion P”;

(d) by omitting from sub-regulation (6) “$14” and substituting “$16”; and

(e) by omitting sub-regulations (6b) and (6c).

6. Regulation 41a of the Student Assistance Regulations is repealed and the following regulations are substituted:

Living allowance—spouses’ income concession

“41a. Where—

(a) the income of a person who was on 1 January in the relevant year the spouse of a grantee commences to be adversely affected

(i) in the period of 18 months immediately preceding the relevant year; or

(ii) in the period commencing on 1 January in the relevant year and ending on 30 June in the relevant year,

 

by the cessation of that person’s employment or by another circumstance, such as drought or bushfire, causing hardship to that person;

(b) that income is likely to continue to be so affected—

(i) where the adverse effect commences in the period of 18 months referred to in sub-paragraph (a) (i)—for a period of 2 years commencing on 1 January in the relevant year; or

(ii) where the adverse effect commences in the period referred to in sub-paragraph (a) (ii)—for a period of 2 years commencing on the day on which the adverse effect commences; and

(c) it would be unreasonable not to take that circumstance into account in applying sub-regulation 41 (3) or (4) in respect of the grantee in respect of the period, in the relevant year, after that adverse effect commences,

the reference in paragraph 41 (3) (c) to the income of the spouse of the grantee in the period of 12 months ending on 30 June in the year preceding the relevant year shall, in respect of each day in the period first mentioned in paragraph (c), be read as a reference to the income of the spouse in the period of 12 months ending on 30 June in the relevant year.

Separation of grantee from his or her spouse

“41b. (1) For the purposes of regulations 41 and 41a, 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.

“(2) For the purposes of regulations 41 and 41a, 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.”.

 

Living allowance—students not of independent status

7. Regulation 42 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (2) “, subject to sub-regulation (19),”;

(b) by omitting from sub-regulation (3) “regulations 46 and 46a” and substituting “regulation 42a”;

(c) by omitting from paragraph (6) (b) “$14,281” and substituting “$14,995”;

(d) by omitting from sub-regulation (7) “46, 46a and 46b” and substituting “42a and 42b”;

(e) by omitting from sub-regulation (16) “$14” and substituting “$16”; and

(f) by omitting sub-regulations (19), (20) and (21).

8. After regulation 42 of the Student Assistance Regulations the following regulations are inserted:

Living allowance—parental income concession

“42a. (1) Where—

(a) the income of a person who was on 1 January in the relevant year a parent of a grantee commences to be adversely affected—

(i) in the period of 18 months immediately preceding the relevant year; or

(ii) in the period commencing on 1 January in the relevant year and ending on 30 June in the relevant year,

by the cessation of the person’s employment or by another circumstance, such as drought or bushfire, causing hardship to the person;

(b) that income is likely to continue to be so affected—

(i) where the adverse effect commences in the period of 18 months referred to in sub-paragraph (a) (i)—for a period of 2 years commencing on 1 January in the relevant year; or

(ii) if the adverse effect commences in the period referred to in sub-paragraph (a) (ii)—for a period of 2 years commencing on the day on which the adverse effect commences;

and

(c) it would be unreasonable for the adjusted family income of the family of the grantee in respect of the relevant year to be calculated in accordance with sub-regulation 42 (7) in respect of the period, in the relevant year, after that adverse effect commences,

sub-regulation (3) applies in respect of the grantee in respect of each day in the period, in the relevant year, after that adverse effect commences.

“(2) Where a person who was on 1 January in the relevant year a parent of a grantee dies in the period commencing on that 1 January and

ending on 30 June in the relevant year and it would be unreasonable for the adjusted family income of the family of the grantee in respect of the relevant year to be calculated in accordance with sub-regulation 42 (7) in respect of the period, in the relevant year, after that death, sub-regulation (3) applies in respect of the grantee in respect of each day in the period, in the relevant year, after that death.

“(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 remaining after an amount in dollars calculated in accordance with the formula—

is deducted from the amount equal to the sum of the amounts in dollars each of which is calculated, in relation to each person who was a parent of the grantee on 1 January in the relevant year, in accordance with the formula—

where, in those formulae—

A is the amount in dollars of the gross income gained or produced by that person in the period of 12 months ending on 30 June in the relevant year;

B is the amount of dollars of the deductions allowable under sections 51 to 54 (inclusive) of the Income Tax Assessment Act as in force on that 30 June for losses and outgoings incurred in gaining or producing during the period of 12 months ending on that 30 June the assessable income, within the meaning of that Act, of that person; 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 partly dependent upon a person who was on 1 January in the relevant year a parent of the grantee.

“(4) Where a person who was on 1 January in the relevant year a parent of a grantee ceases in the period commencing on that 1 January and ending on 30 June in the relevant year, otherwise than by the death of that person, to be a parent of the grantee and it would be unreasonable for the adjusted family income of the family of the grantee in respect of the relevant year to be calculated in accordance with sub-regulation 42 (7) in respect of the period, in the relevant year, after that cessation, 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 were an amount equal to the amount remaining after an amount in dollars calculated in accordance with the formula—

is deducted from the amount equal to the sum of the amounts in dollars each of which is calculated, in relation to each person who was a parent of

the grantee on 1 January in the relevant year, in accordance with the formula—

where, in those formulae—

A is the amount in dollars of the gross income gained or produced by that person in the period of 12 months ending on 30 June in the relevant year;

B is the amount in dollars of the deductions allowable under sections 51 to 54 (inclusive) of the Income Tax Assessment Act as in force on that 30 June for losses and outgoings incurred in gaining or producing during the period of 12 months ending on that 30 June the assessable income, within the meaning of that Act, of that person;

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 partly dependent upon a person who was, on 1 January in the relevant year, a parent of the grantee;

D is the number of days in the period during which that person was in the period of 12 months ending on that 30 June a parent of the grantee; and

E is the number of days in the period of 12 months ending on that 30 June.

Separation of the parents of a grantee

“42b. For the purposes of regulations 42 and 42a, a person who—

(a) by reason of living separately and apart from another person for a period of at least 6 months; and

(b) by reason of continuing to live separately and apart from that other person,

ceases, for the purposes of these Regulations, to be a parent of a grantee shall be deemed not to be a parent of the grantee for the period that commences on the day on which the persons commence so to live separately and apart and ends on the expiration of the day prior to the day on which the persons resume cohabitation.”.

Repeal

9. Regulations 46, 46a and 46b of the Student Assistance Regulations are repealed.

Living allowance

10. Regulation 70 of the Student Assistance Regulations is amended

(a) by omitting from paragraph (2) (a) “$9,836.40” (wherever occurring) and “$728” and substituting “$10,346.40” and “$832” respectively;

(b) by omitting from paragraph (2) (b) “$7,616” and “$728” and substituting “$8,126” and “$832” respectively;

 

(c) by omitting from paragraph (2) (c) “$7,616” and “$520” and substituting “$8,126” and “$832” respectively;

(d) by omitting from paragraph (2) (d) “$7,616” (wherever occurring) and “$728” (wherever occurring) and substituting “$8,126” and “$832” respectively; and

(e) by omitting from paragraph (2) (e) “$7,616” and substituting “$8,126”.

Schedule 3

11. Schedule 3 to the Student Assistance Regulations is amended—

(a) by omitting “Central Coast Secretarial College”;

(b) by omitting “Rose Bay Business College” and substituting “Passmores’ Business College”;

(c) by omitting “Tuggerah Lakes Secretarial College”, “Ashby’s Business College”, “Montfort Commercial College” and “Innisfail Business College”; and

(d) by omitting—

“Tasmania—

Mitchell Secretarial School”.

Schedule 6

12. Schedule 6 to the Student Assistance Regulations is amended—

(a) by omitting from Column 4 in Item 1 “27.1” and substituting “29.9”;

(b) by omitting from Column 4 in Item 2 “25.8” and substituting “28.2”;

(c) by omitting from Column 4 in Item 3 “21.5” and substituting “23.2”; and

(d) by omitting from Column 4 in Item 4 “18.8” and substituting “20.8”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 December 1985.

2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 35 and see also Statutory Rules 1985 Nos. 35, and 354.

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