Student Assistance Regulations (Amendment) (Cth)
REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973*
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
Dated this fifth day of October 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Education
AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS
(a) by omitting sub-regulation (2);
(b) by omitting from sub-regulation (3) “ Where, in respect of a relevant period, the maximum allowance in respect of a grantee ” and substituting “ Living allowance is payable, in respect of a relevant period, in respect of a grantee to whom this regulation applies where prescribed proportion R in relation to the grantee in respect of the relevant period ”;
(c) by omitting from sub-regulation (3) all words after “ relevant year ” (last occurring); and
(d) by inserting after sub-regulation (3) the following sub-regulations:
“ (3aaa) Where—
(a) for the purpose of ascertaining if living allowance is in respect of a relevant period, payable in respect of a grantee, 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 is taken into account in accordance with sub-regulation (3);
*
Notified in the
Statutory Rules 1974, No. 179 as amended by Statutory Rules 1974, Nos. 235 and 258; 1975, Nos. 136, 203 and 219; 1976, Nos. 92, 121, 286, 287, 292 and 293; 1977, Nos. 147, 209, 210, 211, 219.
17251/77 Cat. No. —Recommended retail price 20c 12/28.8.1978
(b) in the period of 18 months immediately preceding the relevant year, or in the relevant year, the income of the spouse was adversely affected by reason of—
(i) the retirement, retrenchment or resignation of the spouse; or
(ii) drought, bushfire or other occurrence causing hardship to the person,
and is likely to continue to be so affected for a period of 2 years commencing on the day on which the income is first so adversely affected; and
(c) it would be unreasonable not to take those circumstances into account in calculating the spouse’s income for the purpose of sub-regulation (3),
a reference to the income of the spouse in the first-mentioned period of 12 months shall be read as a reference to—
(d) where the adverse effect occurs during the period of 18 months immediately preceding the relevant year—the income of the spouse in the period of 12 months ending on 30 June in the relevant year; and
(e) where the adverse effect occurs during the relevant year— the income of the spouse ascertained in accordance with sub-regulation (3aab).
“ (3aab) For the purposes of paragraph (3aaa) (e), the income of the spouse is—
(a) in respect of the period in the relevant year, being the period that commences on 1 January in the relevant year and ends on the day immediately preceding the day on which sub-paragraph (3aaa) (b) (i) or (3aaa) (b) (ii) becomes applicable in respect of the spouse—an amount equal to the amount calculated in accordance with the formula—
where—
A is the amount in dollars of the gross income of the spouse of the grantee in the period of 12 months ending on 30 June in the year preceding 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 the spouse of: the grantee;
C is the number of days in the first-mentioned period;
D is the number of days in the relevant year; and
(b) in respect of the period in the relevant year, being the period that commences on the day on which sub-paragraph (3aaa) (b) (i) or (3aaa) (b) (ii) becomes applicable in respect of the spouse and ends on 31 December in the relevant year—an amount equal to the amount calculated in accordance with the formula—
where—
A is the amount in dollars of the gross income of the spouse of the grantee in the period of 12 months ending on 30 June in the year succeeding the relevant year;
B is the amount in dollars of the deductions allowable under sections 50 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 the spouse of the grantee;
C is the number of days in the first-mentioned period; and
D is the number of days in the relevant year.
“ (3aac) Where—
(a) the income of the spouse of a grantee is ascertained in a relevant year in accordance with paragraph (3aaa) (d); and
(b) there is a fall in the relevant year in the income of the spouse, being a fall to which paragraphs (3aaa) (b) and (3aaa) (c) apply,
for the purposes of the application of paragraph (3aaa) (e) to that income, the references in paragraph (3aab) (a) to the period of 12 months ending on 30 June in the year preceding the relevant year shall be read as references to the period of 12 months ending on 30 June in the relevant year.
“ (3aad) For the purpose of sub-regulation (3aaa) and (3aac), a spouse of a grantee who—
(a) by reason of living separately and apart from the grantee for a period of at least 6 months; and
(b) by reason of continuing to live separately and apart from the grantee,
ceases, for the purpose of that sub-regulation, to be the spouse of the grantee shall be deemed not to be the spouse of the grantee for the period that commences on the day on which the grantee and the spouse commence so to live separately and apart and ends on the expiration of the day prior to the day on which the grantee and the spouse resume cohabitation.”;
(e) by omitting from sub-regulation (3b) “ paragraph 41 (3) (c) ” and substituting “ paragraph (3) (c) ”; and
(f) by omitting from sub-regulation (4) “ the amount of the maximum allowance ” and substituting “ prescribed proportion R ”.
(2) Regulation 41 of the Student Assistance Regulations is amended by adding at the end thereof the following sub-regulation:
“ (8) For the purposes of this regulation, the income of a person from educational assistance, being educational assistance—
(a) granted or awarded to that person in respect of another person; or
(b) granted or awarded to another person but payable to that first-mentioned person,
shall be deemed to be income of that other person from educational assistance. ”
(a) by omitting sub-regulations (5) and (14);
(b) by adding at the end thereof the following sub-regulations:
“ (17) Subject to sub-regulation (9), in this regulation, ‘ educational assistance ’ means any benefit or assistance granted or awarded under a scholarship, bursary or like award, other than benefit under Assistance.
“ (18) For the purposes of this regulation, the income of a person from educational assistance, being educational assistance—
(a) granted or awarded to that person in respect of another person; or
(b) granted or awarded to another person but payable to that first-mentioned person,
shall be deemed to be income of that other person from educational assistance.”.
“ (2) For the purposes of sub-regulation (1), in relation to the part of a grantee’s approved course undertaken in a year at a tertiary education institution, where the grantee—
(a) was prevented, by illness or other circumstances beyond his control, from commencing the part of his approved course on the day on which that institution first provided that part of his approved course in that year; and
(b) commenced to undertake that part of his approved course at that institution—
(i) in that year; and
(ii) as soon as practicable after he ceased to be so prevented from commencing that part of his approved course,
he shall be deemed to have commenced to undertake that part of his approved course on the day in that year on which that institution first provided that part of his approved course.”.
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