Student Assistance Regulations (Amendment)

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Statutory Rules

1976 No. 286

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 sixteenth day of December, 1976.

John R. Kerr

Governor-General,

By His Excellency’s Command,

Minister of State for Education.

 

Amendments of the Student Assistance Regulations †

Commencement.

1. The amendments effected by regulations 2, 3, 4 and 5 shall be deemed to have come into operation on 1 January 1975.

Rate of living allowance payable under Senior Secondary Scholarship,

2. Regulation 27 of the Student Assistance Regulations is amended—

(a) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) Subject to sub-regulations (3) and (4) and regulations 28, 28a and 28b, the adjusted family income of the family of a holder in respect of a year is an amount equal to the amount in dollars calculated in accordance with the formula—

where—

A is the sum of the amounts in dollars of the gross income gained or produced in the period of 12 months ending on 30 June in the year preceding the first-mentioned year by each person who was a parent of the holder on that 30 June;

B is the sum of the amounts 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 in the period of

 

* Notified in the Australian Government Gazette on 20th December 1976.

† Statutory Rules 1974, No. 179, as amended by Statutory Rules 1974, Nos. 235 and 258; 1975, Nos. 136, 203 and 219; and 1976, No. 92 and 121.

15976/76—Recommended retail price 20c 15/8.12.1976


12 months ending on that 30 June the assessable income, within the meaning of that Act, of each of those parents; and

C is the number equal to the total number of children (not including the holder) each of whom was, on that 30 June, wholly or partly dependent upon one or more of those parents.”; and

(b) by omitting paragraph (a) of sub-regulation (3).

3. Regulation 28 of the Student Assistance Regulations is repealed and the following regulations are substituted:—

Living allowance— special circumstances affecting income of parent in certain periods prior to the relevant year.

“ 28. (1) Where—

(a) in the period of 18 months immediately preceding a year in respect of which living allowance is payable in respect of a holder the gross income in that period of a person who was, on any day in that period, a parent of the holder is adversely affected—

(i) by the retirement of the person; or

(ii) by 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 1 January in the first-mentioned year; or

(b) in the period of 6 months immediately preceding a year in respect of which living allowance is payable in respect of a holder, a parent of the holder dies or otherwise ceases to be a parent of the holder,

and it would be unreasonable, in those circumstances, for the adjusted family income of the family of the holder in respect of the first-mentioned year to be calculated in accordance with sub-regulation 27 (2), the adjusted family income of the family of the holder in respect of the first-mentioned year shall be calculated in accordance with sub-regulation (2).

“ (2) For the purposes of regulation 27, the adjusted family income of the family of a holder in respect of a year, being a holder in respect of whom paragraph (1) (a) or (b) applies in respect of that year, is an amount equal to the amount remaining after an amount in dollars calculated in accordance with the formula—

is deducted from an amount equal to the sum of the amounts each of which is calculated, in relation to each person who was a parent of the holder on 1 July in the year preceding that 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 during which that person was, in the period of 12 months ending on 30 June in the first-mentioned year, a parent of the holder;

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 holder) each of whom was, on that 30 June, wholly or partly dependent upon, a person who was a parent of the holder on that 30 June;

D is the number of days in the period during which the first-mentioned person was, in the period of 12 months ending on that 30 June, a parent of the holder; and

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

Living allowance-special circumstances affecting income of parent in the relevant year.

“ 28a. (1) Where in a year in respect of which living allowance is payable in respect of a holder—

(a) the gross income in the year of a person who was, on any day in the year, the parent of the holder is adversely affected—

(i) by the retirement of the person; or

(ii) by 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 that gross income is first so adversely affected; or

(b) a parent of the holder dies or otherwise ceases to be a parent of the holder,

and it would be unreasonable, in those circumstances, for the adjusted family income of the family of the holder in respect of the first-mentioned year to be calculated in accordance with sub-regulation 27 (2) or 28 (2), the adjusted family income of the family of the holder in respect of the first-mentioned year shall be calculated in accordance with sub-regulation (2),

“ (2) For the purposes of regulation 27, the adjusted family income of the family of a holder in respect of a year, being a holder in respect of whom paragraph (1) (a) or (b) applies in respect of a period in that year, is—

(a) in respect of the period in that year, being the period that ends on the day prior to the day on which paragraph (1) (a) or (b) becomes applicable in respect of the holder—an amount calculated in accordance with sub-regulation 27 (2) or 28 (2) whichever is applicable in respect of the holder in respect of that last-mentioned period; and

(b) in respect of the period in that year, being the period that commences on the day on which paragraph (1) (a) or (b) becomes applicable in respect of the holder—an amount equal to the amount remaining after an amount in dollars calculated in accordance with the formula—

is deducted from an 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 holder on 1 July in that 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 during which that person was, in the period of 12 months ending on 30 June in the year succeeding the first-mentioned year, a parent of the holder;


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 holder) each of whom was, on that 30 June, wholly or partly dependent upon a person who was a parent of the holder on that: 30 June;

D is the number of days in the period during which the first-mentioned person was, in the period of 12 months ending on that 30 June, a parent of the holder; and

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

Parent of a holder— separation from another person.

“ 28b. For the purposes of regulations 27, 28 and 28a, 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 holder shall be deemed not to be a parent of the holder for the period that commences on the day on which the persons commence so to live separately and apart end ends on the expiration of the day prior to the day on which the persons resume cohabitation.”.

Living allowance--other students.

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

(a) by omitting sub-regulation (7) and substituting the following sub-regulation:—

“ (7) Subject to sub-regulations (8) and (10) and regulations 46, 46a and 46b, for the purposes of sub-regulation (6), the adjusted family income of the family of a grantee in respect of the relevant year is an amount equal to the amount in dollars calculated in accordance with the formula—

where—

A is the sum of the amounts in dollars of the gross income gained or produced in the period of 12 months ending on 30 June in the year preceding the relevant year by each person who was a parent of the grantee on that 30 June;

B is the sum of the amounts 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 in the period of 12 months ending on that 30 June the assessable income, within the meaning of that Act, of each of those parents; 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 one or more of those parents.”; and

(b) by omitting paragraph (a) of sub-regulation (8).


5. Regulation 46 of the Student Assistance Regulations is repealed and the following regulations are substituted:—

Living allowance— special circumstances affecting income of parent in certain periods prior to the relevant year.

“ 46. (1) This regulation applies to a grantee to whom regulation 42 applies.

“ (2) Where—

(a) in the period of 18 months immediately preceding the relevant year the gross income in that period of a person who was, on any day in that period, a parent of a grantee is adversely affected—

(i) by the retirement of the person; or

(ii) by 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 1 January in the relevant year; or

(b) in the period of 6 months immediately preceding the relevant year a parent of the grantee dies or otherwise ceases to be a parent of the grantee,

and it would be unreasonable, in those circumstances, 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), the adjusted family income of the family of the grantee in respect of the relevant year shall be calculated in accordance with sub-regulation (3).

“ (3) For the purposes of regulation 42, the adjusted family income of the family of a grantee in respect of the relevant year, being a grantee in respect of whom paragraph (2) (a) or (b) applies in respect of the relevant year, is an amount equal to the amount remaining after an amount in dollars calculated in accordance with the formula—

is deducted from an 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 July in the year preceding 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 during which that person was, in the period of 12 months ending on 30 June in the relevant year, a parent of the grantee;

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 a parent of the grantee on that 30 June;

D is the number of days in the period during which the first-mentioned 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.


Living allowance— special circumstances affecting income of parent in the relevant year.

“ 46a. (1) This regulation applies to a grantee to whom regulation 42 applies.

“ (2) Where in the relevant year—

(a) the gross income in the relevant year of a person who was, on any day in the relevant year, the parent, of a grantee is adversely affected—

(i) by the retirement of the person; or

(ii) by 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 that gross income is first so adversely affected; or

(b) a parent of the grantee dies or otherwise ceases to be a parent of the grantee,

and it would be unreasonable, in those circumstances, 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) or 46 (3), the adjusted family income of the family of the grantee in respect of the relevant year shall be calculated in accordance with sub-regulation (3).

“ (3) For the purposes of regulation 42, the adjusted family income of the family of a grantee in respect of the relevant year, being a grantee in respect of whom paragraph (2) (a) or (b) applies in respect of a period in the relevant year, is—

(a) in respect of the period in the relevant year, being the period that ends on the day prior to the day on which paragraph (2) (a) or (b) becomes applicable in respect of the grantee—an amount calculated in accordance with sub-regulation 42 (7) or 46 (3) whichever is applicable in respect of the grantee in respect of that last-mentioned period; and

(b) in respect of the period in the relevant year, being the period that’ commences on the day on which paragraph.(2) (a) or (b) becomes applicable in respect of the grantee—an amount equal to the amount remaining after an amount in dollars calculated in accordance with the formula—

is deducted from an 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 holder on 1 July 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 during which that person was, in the period of 12 months ending on 30 June in the year succeeding the relevant year, a parent of the grantee;

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 a parent of the grantee on that 30 June;

D is the number of days in the period during which the first-mentioned 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.

Parent of grantee-separation from another person.

“ 46b. For the purposes of regulations 42, 46 and 46a, 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.”.

Non-reduction

6. Notwithstanding regulation 1, where during the period of 2 years that commenced on 1 January 1975 the amount of benefit under a Senior Secondary Scholarship or Tertiary Education Assistance that would have been payable in respect of a person by virtue of the Student Assistance Regulations if these Regulations had not come into operation exceeds the amount of benefit under a Senior Secondary Scholarship or Tertiary Education Assistance payable in respect of the person by virtue of the Student Assistance Regulations as amended by these Regulations, there is payable in respect of the person an amount equal to the amount of the excess.

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Overview

The Student Assistance Regulations 1976 were enacted under the authority of the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to provide detailed provisions for the implementation of the Student Assistance Act 1973. The regulations address the need for clear guidelines on the calculation of living allowances and the circumstances under which special considerations apply to the income of parents, ensuring that financial support for students is provided fairly and equitably. The policy objective is to support students from families with reduced income due to specific circumstances, such as the retirement of a parent or other hardships, thereby maintaining their access to education. These amendments and new regulations aim to provide flexibility and fairness in the calculation of family income for the purposes of determining eligibility and the amount of financial assistance under the Student Assistance Act 1973.

Scope and Application

The Student Assistance Regulations, made under the Student Assistance Act 1973, apply to students and their families in Australia who are eligible for student assistance, including those receiving Senior Secondary Scholarships or Tertiary Education Assistance. These regulations primarily govern the calculation of adjusted family income and living allowances for students and their families, particularly addressing special circumstances that may affect the income of parents, such as retirement, hardship events like drought or bushfire, and the cessation of parental relationships. The regulations also specify the circumstances under which parents are deemed not to be parents for the purpose of these calculations. The scope of the regulations is national, as they are a legislative instrument of the Commonwealth of Australia. Subordinate instruments may further extend or modify the application of these regulations, although the primary legislative instrument does not explicitly mention any exclusions, exemptions, or thresholds. The amendments to the regulations, effective from 1 January 1975, include adjustments to the formulae for calculating family income and living allowances, ensuring that these calculations remain fair and reflective of the students' and families' actual circumstances.

Key Provisions

The Student Assistance Regulations, 1976, made under the authority of the Student Assistance Act 1973, primarily revise the formulae for calculating adjusted family income for the purposes of determining eligibility for living allowances under Senior Secondary Scholarships and Tertiary Education Assistance. Regulation 2 amends the formula for calculating the adjusted family income of the family of a holder in respect of a year, taking into account gross income and allowable deductions of parents over a specified period (regulation 27(2)). Regulation 3 further details the calculation of adjusted family income under special circumstances, such as retirement or significant hardship, affecting parents in periods prior to the relevant year (regulation 28). Regulation 4 modifies the formula for calculating the adjusted family income of the family of a grantee, similar to the adjustments made for holders, ensuring consistency in the calculation method (regulation 42(7)). Regulation 5 introduces provisions for calculating adjusted family income under special circumstances affecting parents in periods prior to the relevant year for grantees (regulation 46). Regulation 6 ensures that no reduction in benefits occurs for those who would have received higher amounts under the previous regulations. These Regulations impose specific obligations on the parties involved, primarily the students and their families. They must provide accurate information about the income and circumstances of the parents or guardians to ensure the correct calculation of living allowances. This includes disclosing details about income changes due to retirement, hardship, or other significant events. Families must also report changes in their circumstances, such as separation or the death of a parent, to ensure that the adjusted family income is calculated correctly. Failure to comply with the provisions of these Regulations may result in civil or administrative penalties. While the Regulations do not explicitly state penalties, non-compliance could lead to incorrect determinations of living allowances, resulting in either overpayments or underpayments of assistance. Overpayments may require repayment, while underpayments may entitle the student to claim the difference. Additionally, providing false or misleading information with the intent to defraud could lead to more severe consequences, potentially involving criminal charges and penalties as outlined in the Student Assistance Act 1973 or other relevant legislation.

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Education Law
Instrument
Regulation
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Definitions & Interpretation
Adjustments to Income Calculations
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Living Allowances
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