Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 3411

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 November 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

(Sgd) Wal Fife

Minister of State for Education

 

Commencement

1. These Regulations shall come into operation on 1 January 1982.

Interpretation of Part III

2. Regulation 29 of the Student Assistance Regulations is amended—

(a) by omitting paragraph (2) (b) and substituting the following paragraph:

“(b) he has been married;”;

(b) by omitting from paragraph (3) (d) “or” (last occurring); and

(c) by inserting at the end of sub-regulation (3) the following word and paragraph:

‘‘; or (f) in respect of a period when he was—

(i) resident in Australia;

(ii) registered with the Commonwealth Employment Service for employment;

(iii) available for full-time employment;

 

S.R. No. 296/81 Cat. No.—Recommended retail price 20c 12/26.10.1981

(iv) unemployed;

(v) not undertaking a full-time course of study or instruction; and

(vi) not on vacation from a full-time course of study or instruction that he was undertaking”.

Living allowance—students deemed to be of independent status

3. Regulation 41 of the Student Assistance Regulations is amended by omitting from sub-regulation (3ab) “$10,312” and substituting “$11,034”.

Living allowance—students not deemed to be of independent status

4. Regulation 42 of the Student Assistance Regulations is amended by omitting paragraphs (2) (a) and (b) and substituting the following paragraphs:

“(a) in the case of a grantee—

(i) for whom residence at the tertiary education institution at which he is undertaking his approved course is a compulsory requirement of that institution for students undertaking that approved course;

(ii) who does not reside with his parents and for whom it would be impracticable to reside with his parents by reason of the time and distance that would be involved in daily travel from his parents permanent home to the tertiary education institution of his choice; or

(iii) who does not reside with his parents and for whom it would be impracticable to reside with his parents by reason of inadequacy of opportunity, or facilities, for study at his parents’ permanent home or other similar circumstances,

prescribed proportion P; and

(b) in any other case—prescribed proportion Q.”.

Living allowance—students not deemed to be of independent status

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

(a) by omitting from sub-paragraph (6) (a) (ii) “$10,312” and substituting “$11,034”; and

(b) by omitting from paragraph (6) (b) “$10,312” and substituting “$11,034”.

Non-reduction

6. Notwithstanding regulations 1 and 4, where benefit under Tertiary Education Assistance is, or has been, paid in respect of a person under sub-paragraph 42 (2) (a) (i) of the Student Assistance Regulations as in operation before 1 January 1982 and where on or after 1 January 1982 the amount of benefit under that Assistance that would have been payable in respect of the person under sub-paragraph 42 (2) (a) (i) of the Student Assistance Regulations if regulations 1 and 4 of these Regulations had not come into operation exceeds the amount of benefit under that Assistance

 

payable in respect of the person under sub-regulation 42 (2) of the Student Assistance Regulations as amended by regulation. 4 of these Regulations, there is payable in respect of the person an amount equal to the amount of the excess.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 November 1981.

2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No, 23 and see also Statutory Rules 1981 Nos. 23, 61, 62 and 117.

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