Student Assistance Regulations (Amendment)

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Statutory Rules

1978 No. 189

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 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†

Living allowance— student deemed to to be of independent status

1. (1) Regulation 41 of the Student Assistance Regulations is amended—

(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 Commonwealth of Australia Gazette on 12 October 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.

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. ”

Living allowance— other students

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

(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.”.

Living allowance— late commencement of approved course

3. Regulation 43b of the Student Assistance Regulations is amended by adding at the end thereof the following sub-regulation:

“ (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.”.

Application

4. The amendments of the Student Assistance Regulations effected by sub-regulation 1 (1) and regulation 3 apply in relation to the grant of Tertiary Education Assistance in respect of a period commencing on or after 1 January 1978.

Non-reduction

5. Notwithstanding regulations 1 and 3, where, in respect of the year that commenced on 1 January 1978, the amount of assistance that would have been payable in respect of a person by virtue of the Student Assistance Regulations if regulations 1 and 3 had not come into operation exceeds the amount of assistance payable in respect of the person in respect of that year 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 1978 were enacted to implement provisions of the Student Assistance Act 1973, which aimed to provide financial assistance to students to facilitate their access to education and training. The Regulations were made under the authority of the Governor-General, acting on advice from the Federal Executive Council, and were designed to ensure the effective administration of student assistance by detailing the specific requirements and conditions under which assistance would be granted. These regulations addressed gaps in the application of student assistance by clarifying the criteria for determining student eligibility and the calculation of allowances, particularly focusing on aspects such as the living allowance for students and the impact of a spouse's income on student eligibility. The overarching policy objective was to support students in their educational pursuits by providing necessary financial support in a structured and equitable manner. These amendments to the Student Assistance Regulations further refined the application of financial assistance, particularly in relation to the living allowance for students and the impact of a spouse's income on a student's eligibility for assistance. The changes were intended to provide more flexibility and support for students facing specific hardships, such as those resulting from the retirement, retrenchment, or resignation of a spouse, or natural disasters. By adjusting the calculation of living allowance and the treatment of a spouse's income, the Regulations sought to ensure that the assistance provided was fair and responsive to the changing circumstances of students and their families.

Scope and Application

The Student Assistance Regulations, made under the Student Assistance Act 1973, apply to students receiving tertiary education assistance in Australia. These regulations govern the criteria and amounts of living allowances and other financial support provided to eligible students. The amendments introduced by these regulations primarily focus on adjustments to the calculation of living allowances for students, particularly considering the income of the student's spouse in certain hardship circumstances. The regulations apply nationally across Australia, impacting students and their families regardless of state or territory. The regulations provide specific provisions for situations where the spouse's income has been adversely affected by events such as retirement, retrenchment, resignation, drought, or bushfire, ensuring these circumstances are taken into account in the allowance calculations. Subordinate instruments may further extend or restrict the application of these regulations, offering additional guidelines or clarifications as necessary.

Key Provisions

The Student Assistance Regulations, amended by Statutory Rules 1978 No. 189, make several key changes to the eligibility and calculation of living allowances for students receiving Tertiary Education Assistance. Regulation 41, which pertains to the living allowance for students deemed to be of independent status, has been amended to clarify the income assessment process. Specifically, sub-regulation (3) now includes provisions for adjusting the income calculation when a student's spouse experiences a significant adverse change in income due to retirement, retrenchment, resignation, or natural disaster (sections 1(1)(b) and (c)). Additionally, the regulation includes new sub-regulations (3aaa) to (3aad) that detail how to adjust the spouse's income when such adverse changes occur, ensuring that these circumstances are factored into the living allowance calculation. Regulation 41 has also been updated to clarify the definition of educational assistance and the treatment of income from such assistance (section 1(1)(e) and (f)). The amended Student Assistance Regulations impose specific obligations on students and their spouses when it comes to reporting income for living allowance calculations. Students must ensure that any changes in their spouse's income due to significant events like retirement or natural disasters are accurately reported. This includes providing detailed information about the spouse's income during the specified periods, as outlined in sub-regulations (3aaa) to (3aad). Additionally, students must disclose any educational assistance received by themselves or their spouse that could affect their eligibility or the amount of the living allowance. Breach of the requirements outlined in the amended regulations could result in civil or administrative penalties. While the regulations themselves do not explicitly state penalties for non-compliance, failure to accurately report income or other required information could lead to adjustments in the amount of assistance granted, potentially resulting in overpayments that would need to be repaid. The regulations do include a provision for non-reduction, ensuring that students do not receive less assistance than they would have under the previous regulations in the year commencing on 1 January 1978 (section 5). The amendments to the Student Assistance Regulations are designed to provide a more equitable assessment of living allowances for students by taking into account significant changes in their spouse's income. These changes ensure that students facing genuine hardship due to adverse events affecting their spouse's income receive appropriate support. The regulations impose clear obligations on students and their spouses to report income accurately and include provisions to prevent undue financial loss in the event of overpayments due to non-compliance.

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