Student Assistance Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 29

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 Student Assistance Act 1973.

Dated this twenty first day of January 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

(Sgd WAL FIFE)

Minister of State for Education

 

AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS 

Interpretation—general

1. Regulation 3 of the Student Assistance Regulations is amended by omitting paragraph (a) of the definition of “spouse” in sub-regulation (1) and substituting the following paragraph:

“ (a) where the first-mentioned person or the other person is the parent of a person who is—

(i) a child, or a legally adopted child, of the first-mentioned person and either a child or a legally adopted child of that other person; and

(ii) wholly or substantially dependent on the first-mentioned person or that other person—

of 1 year; or ”.

Interpretation—Part III

2. Regulation 29 of the Student Assistance Regulations is amended by adding at the end thereof the following sub-regulation:

“ (12) For the purposes of this Part, a reference to income, being—

(a) income received by a grantee in respect of another person;

 

* Notified in the Commonwealth of Australia Gazette on 28 February 1980.

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, 242 and 243; 1978 Nos. 108, 148, 189, .199, 200, 260, 261, 202, 263, 264 and 265; 1979 Nos. 139, 216, 267, 268 and 304; and 1980 Nos. 14 and 15.

14398/79 Cat. No. ––Recommended retail price 20c 13/24.12.1979

(b) income of the spouse of a grantee; or

(c) income of a parent of a grantee,

shall be read as a reference to income other than income received by way of—

(d) a double orphan’s pension payable under Part VIa of the Social Services Act 1947;

(e) a handicapped child’s allowance payable under Part VIb of the Social Services Act 1947;

(f) domiciliary nursing care benefit payable under Part Vb of the National Health Act 1953; or

(g) payment made—

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

(ii) to a person in respect of the care of a ward under a corresponding provision of a law of a State or the Northern Territory.”.

Eligibility—benefit from the Commonwealth for education or vocational training

3. Regulation 33 of the Student Assistance Regulations is amended by omitting “ An applicant is not eligible to be granted Assistance ” (wherever occurring) and substituting “ Living allowance is not payable in respect of an applicant ”.

Living allowance—where not payable for period prior to commencement of course

4. Regulation 43a of the Student Assistance Regulations is amended—

(a) by omitting “ a person is not a grantee ” and substituting “ living allowance is not payable in respect of a person ”; and

(b) by omitting “ as a grantee “.

5.After regulation 47 of the Student Assistance Regulations the following regulation is inserted:

Claims for fares allowance

“ 47a. (1) A grantee may submit a claim for fares allowance before or within the specified period.

“ (2) Notwithstanding the provisions of regulation 47, where an authorized person receives a claim for fares allowance otherwise than before or within the specified period, the authorized person shall disregard the claim.

“ (3) Sub-regulation (2) does not apply—

(a) where—

(i) the grantee has taken reasonable steps to ensure that his claim is received by an authorized person before or within the specified period; and

 

(ii) by reason of circumstances beyond the grantee’s control, the claim is not received by an authorized person before or within that period; or

(b) where—

(i) by reason of circumstances beyond the grantee’s control, the grantee is unable to take reasonable steps to ensure that his claim is received by an authorized person before or within the specified period; and

(ii) as soon as practicable after those circumstances cease to be applicable in respect of the grantee, the grantee takes reasonable steps to furnish his claim to an authorized person.

“ (4) In this regulation—

‘ fares allowance ’ means an allowance payable under regulation 47;

‘ specified period ’ means the period commencing on the date on which the journey in respect of which fares allowance is payable is completed and ending on 31 March in the next succeeding year.”.

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