Student Assistance Regulations (Amendment)

Legislation au C2004L01065 Regulations Not in force Legislative Instrument

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Statutory Rules

1980 No. 50

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 eleventh day of March 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

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

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

“ (a) prescribed proportion P is an amount calculated in accordance with the formula—

;” and

(b) by omitting paragraph (b) of sub-regulation (7) and substituting the following paragraph:

“ (b) prescribed proportion Q is an amount calculated in accordance with the formula—

; and”

 

* Notified in the Commonwealth of Australia Gazette on 20 March 1980.

† Statutory Rules 1974 No. 179 as amended to date. For previous amendments see footnote † to Statutory Rules 1980 No. 14 and see also Statutory Rules 1980 Nos.14, 15 and 29. 1974 Nos. 235 and 258; 1975 Nos. 136, 203 1976 Nos. 92, 121, 286, 287, 292 and 293; 1977 Nos. 147, 209, 210, 211, 219 108, 148. 189, 199, 200, 260, 261, 262, 263, 264 and 265; 1979 Nos. 139, 216, 267, 268 and 1980 Nos

13444/79 Cat. No. —Recommended retail price 20c 13/24.12.1979


Living allowance— other students

2. (1) Regulation 42 of the Student Assistance Regulations is amended by inserting in sub-regulation (2) “ subject to sub-regulation (19),” after “ applies is,”.

(2) Regulation 42 of the Student Assistance Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (6) and substituting the following paragraph:

“ (a) if the grantee has, during any part of the relevant period, a brother or sister who is undertaking an approved course as a full-time student—an amount equal to the sum of the following amounts:

(i) in respect of the part of the relevant period during which the grantee has such a brother or sister—an amount calculated in accordance with the formula—

where—

M is the amount equal to the amount calculated in accordance with paragraph (b) in relation to the grantee;

N is the number of children (including the grantee) of the parents of the grantee or either of them (whether or not those children are grantees) undertaking in the relevant period approved courses as full-time students;

X is the number of days in the part of the relevant period during which the grantee has a brother or sister who is undertaking an approved course as a full-time student; and

Y is the number of days in the relevant period; and

(ii) in respect of the part of the relevant period during which the grantee docs not have such a brother or sister—an amount calculated in accordance with the formula—


where—

I is an amount calculated on the basis of $2.50 for every $10 by which the adjusted family income of the family of the grantee in respect of the relevant year exceeds $9,400;

Z is the number of days in the part of the relevant period during which the grantee does not have a brother or sister who is undertaking an approved course as a full-time student; and

Y is the number of days in the relevant period;”;

(b) by inserting after sub-regulation (13) the following sub-regulation:

“ (14) A reference in sub-regulations (11), (12), (13) and (15) to a. relevant period shall be read as including a reference to a part of a relevant period.”.

Living allowance

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

(a) by inserting in paragraph (c) of sub-regulation (2) “ , not being a child, or children, by reason of whom the rate of the living allowance payable in, respect of a grantee and the dependants of that grantee has been increased by virtue of sub-regulation 41 (6) or in respect of whom the maximum living allowance payable in respect of a. holder and the dependants of that holder includes by virtue of paragraph (d) an amount calculated, for each dependent child of that holder ” after “ dependent on the holder ”; and

(b) by inserting in paragraph (d) of sub-regulation (2) “ , not in either case being a child, or children, by reason of whom the rate of the living allowance payable in respect of a grantee and. the dependants of that grantee has been increased by virtue of sub-regulation 41 (6) or in respect of whom the maximum living allowance payable in respect of a holder and the dependants of that holder includes by virtue of paragraph (c) an amount calculated for each dependent child of that holder ” after “ children of the holder ” (second occurring).

Printed by Authority by the Commonwealth Government Printer

Overview

The Student Assistance Regulations 1980 were introduced to provide detailed rules and guidelines for the implementation of the Student Assistance Act 1973. The regulations were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to ensure that the provisions of the Act are effectively administered, particularly in relation to the calculation and payment of student assistance, including allowances for living expenses and other support for students. This legislative instrument aims to address the need for specific, operational rules to support the broader objectives of the Act, which seeks to provide financial assistance to students to help them access and continue their education.

Scope and Application

The Student Assistance Regulations 1980, made under the Student Assistance Act 1973, apply to individuals who are recipients of student assistance, referred to as "grantees" in the regulations, and their families. These regulations are designed to provide financial assistance to students pursuing approved courses, ensuring they have the necessary resources to complete their education. The scope of these regulations is national, as they are enacted by the Commonwealth Government and apply across Australia. The regulations set out the criteria and formulas for calculating various allowances and financial aid based on factors such as family income, the number of children in full-time education, and the duration of the relevant period. The amendments introduced by these regulations refine the formulas and calculations to more accurately reflect the financial needs of students and their families, ensuring that support is both fair and effectively targeted. Any exclusions or exemptions are implicitly defined through the eligibility criteria and the specific conditions outlined in the regulations. The application of these regulations may be further detailed or extended through subsequent legislative instruments, which may provide additional guidelines or clarifications on particular aspects of student assistance.

Key Provisions

The main operative sections of the Student Assistance Regulations (Statutory Rules 1980 No. 50) involve amendments to specific regulations under the Student Assistance Act 1973. Regulation 29 (1) modifies the prescribed proportions P and Q, which are calculated using specific formulas, while Regulation 42 (2) introduces new provisions for the living allowance for students with siblings undertaking approved courses as full-time students. Regulation 42 (6) further adjusts the calculation of the living allowance based on family income and the number of days in the relevant period. Regulation 70 (2) provides additional definitions regarding the dependents of a grantee or holder and how they affect the living allowance rates. These Regulations impose specific obligations on students and their families. For example, students must provide accurate information about their family income and the number of siblings studying full-time. Families are required to ensure their children comply with these regulations to qualify for the appropriate living allowance. Educational institutions and student assistance bodies must verify the information provided and apply the regulations correctly when determining the allowances. Breaches of these regulations may result in various civil and administrative consequences. For example, incorrect information provided by students or their families may lead to the underpayment or overpayment of allowances. Such errors could result in the need for repayments or adjustments, and in severe cases, could lead to administrative penalties or investigations. The specific penalties are not detailed in the statutory rules provided, but generally, the penalties for providing false information in such contexts can include financial penalties, disqualification from receiving further assistance, or other administrative sanctions as determined by the relevant authorities.

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