Student Assistance Regulations (Amendment)

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Statutory Rules

1978 No. 260

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 fourteenth day of December 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Education

 

AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS†

Payments in relation to the cost of a post graduate course

1. Regulation 70 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (3) “ The rate ” and substituting “ Subject to regulation 75a, the rate ”;

(b) by omitting from sub-regulation (5) “ The rate ” and substituting “ Subject to regulation 75a, the rate ”; and

(c) by omitting from sub-regulation (6a) “ The rate ” and substituting “ Subject to regulation 75a, the rate ”.

Incidentals allowance

2. Regulation 71 of the Student Assistance Regulations is amended by omitting “ , the rate ” and substituting “ and subject to regulation 75a, the rate ” .

* Notified in the Commonwealth of Australia Gazette on 21 December 1978.

† 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, No. 108 and 148.

13063/78 Cat. No. —Recommended retail price 15c  12/5.12.1978


3. Regulation 73 of the Student Assistance Regulations is repealed and the following regulation substituted:

Establishment allowance

“ 73. For the purposes of paragraph 15 (d) of the Act, where a holder changes his place of residence by reason of—

(a) being granted an Award in respect of a course at a university or advanced education institution situated in a town or city in which the holder docs not normally reside; or

(b) transferring, for a prescribed reason, his course from a university or advanced education institution situated in a town or city other than the town or city in which the university or advanced education institution to which his course has been transferred is situated,

there is payable in respect of the holder on the day on which he takes up his new place of residence an establishment allowance of—

(c) in the case of a holder who—

(i) has a spouse, not being a spouse who is living separately and apart from the holder; or

(ii) has a child, or children, wholly or substantially dependent on him—

$200; or

(d) in any other case—$100.”.

4. After regulation 75 of the Student Assistance Regulations the following regulation is inserted in Part IV:

Claims for allowances

“ 75a. (1) Subject to this regulation, a holder may submit a claim for living allowance to an authorized person on or before 31 December in the first year of the Award.

“ (2) Subject to this regulation, a holder may submit a claim for establishment allowance and travelling allowance to an authorized person—

(a) in the case of a holder in respect of whom the allowance is payable by reason of the holder’s transferring, for a prescribed reason, his course from a university or advanced education institution situated in a town or city other than the town or city in which the university or advanced education institution to which his course has been transferred is situated—on or before 31 December in the year in which the holder changes his place of residence or makes the journey, as the case requires; and

(b) in any other case—on or before 31 December in the first year of the Award.

“ (3) Where—

(a) a holder is in receipt of living allowance; and

(b) a change in circumstances occurs which may result in an increase in the amount of the allowance,

the holder may submit a claim for increased living allowance—

(c) where the change in circumstances occurs during the period that commences on 3 December in a year and ends on 31 December in that year—before the expiration of the period that commences on the date on which the change in circumstances occurs and ends on the day that is 28 days after that date; and

(d) in any other case—during the year in which the change in circumstances occurs.

“ (4) Where—

(a) a holder is not in receipt of living allowance; and

(b) a change in circumstances occurs which may result in the holder becoming entitled to be paid living allowance,

the holder may submit a claim for living allowance—

(c) where the change in circumstances occurs during the period that commences on 3 December in a year and ends on 31 December in that year—before the expiration of the period that commences on the date on which the change of circumstances occurs and ends on the day that is 28 days after that date; and

(d) in any other case—during the year in which the change in circumstances occurs.

“ (5) Where, by virtue of making a journey of the kind referred to in regulation 74 during the period that commences on 3 December in a year and ends on 31 December in that year, being a year of the Award, a holder becomes entitled to travelling allowance, the holder may submit his claim for travelling allowance before the expiration of the period that commences on the date on which the journey is completed and ends on the day that is 28 days after that date.

“ (6) Where, by virtue of changing his place of residence in the manner referred to in regulation 73 during the period that commences on 3 December in a year and ends on 31 December in that year, being a year of the Award, a holder becomes entitled to establishment allowance, the holder may submit his claim for establishment allowance before the expiration of the period that commences on the date on which he takes up his new place of residence and ends on the day that is 28 days after that date.

“ (7) Notwithstanding the provisions of regulation 70, where a holder submits a claim to an authorized person otherwise than within the period specified in the preceding provisions of this regulation with respect to that claim, the holder is not entitled to receive the allowance to which, by virtue of regulation 70, he would otherwise be entitled in respect of the period that commenced on 1 January in the year in which he submitted the claim and ended on the day immediately preceding the day on which he submitted the claim.

“ (8) Notwithstanding the provisions of regulations 73 and 74, where a holder submits a claim for establishment allowance or travelling allowance to an authorized person otherwise than within the period specified in the preceding provisions of this regulation with respect to that, claim, the authorized person shall disregard the claim.”.

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Overview

The Student Assistance Regulations 1978 were enacted to amend the existing Student Assistance Regulations under the Student Assistance Act 1973, addressing issues related to the payment of allowances and claims for allowances for students receiving awards. The regulations were made by the Governor-General, acting with the advice of the Federal Executive Council, and published in the Commonwealth of Australia Gazette on 21 December 1978. The primary objective of these amendments was to adjust the rates of allowances and to specify the conditions under which students could claim these allowances. The changes included modifying the rates of payments for postgraduate courses, establishing new rates for incidentals and establishment allowances, and specifying the timeframes for submitting claims for living, establishment, and travelling allowances, including scenarios where changes in circumstances could affect entitlement or the amount of the allowance.

Scope and Application

The Student Assistance Regulations 1978, made under the Student Assistance Act 1973, apply to students who are recipients of a Commonwealth supported place in a course of study at an eligible university or approved higher education institution. These regulations govern the payment of allowances, such as living, incidentals, and establishment allowances, and outline the conditions under which these payments are made. The regulations apply across the Commonwealth of Australia, affecting students nationwide who are enrolled in eligible courses. Notably, these regulations also detail the timeframes within which students must submit claims for allowances, with specific deadlines set for various types of claims, including changes in circumstances that may affect allowance amounts. The scope of the regulations is further defined by exclusions and conditions, such as the requirement that claims must be submitted within specified periods, or they will be disregarded by the authorized person. The regulations also provide for the amendment of existing provisions, such as those relating to postgraduate courses and establishment allowances, ensuring that the payment structure remains aligned with the policy objectives of the Act.

Key Provisions

The key operative sections of this legislative instrument, the Student Assistance Regulations, pertain to the amendments of existing provisions and the introduction of new regulations regarding student assistance payments, allowances, and claims. Regulation 70 is amended to subject the rates of payments to regulation 75a (paragraph 1), while regulation 71 is modified to include the same subjection to regulation 75a (paragraph 2). Additionally, regulation 73 is repealed and replaced with a new regulation on establishment allowance (paragraph 3). Lastly, a new regulation, 75a, is introduced to outline the claims process for various allowances (paragraph 4). The obligations and requirements imposed by these regulations on parties or entities include, among others, adherence to the specified rates and conditions for allowances, timely submission of claims for living, establishment, and travelling allowances, and compliance with the deadlines for submitting claims as outlined in regulation 75a. This regulation mandates that claims for living allowance must be submitted by 31 December of the first year of the award, whereas claims for establishment and travelling allowances must be submitted within specific timeframes depending on the circumstances (sub-paragraphs 75a(1)–(6)). For breach of the regulations, there are no specific offences, penalties, or civil/criminal consequences mentioned in the text of this legislative instrument. However, it is clear that failure to comply with the specified claim submission deadlines results in forfeiture of the entitlement to the respective allowances. This consequence is explicitly stated in sub-paragraphs 75a(7) and (8), which indicate that non-compliance with the claim submission periods disqualifies the holder from receiving the allowances for the specified periods.

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