Statutory Rules 1987 No. 305 1

Student Assistance Regulations2

(Amendment)

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 21 December 1987.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

J. S. Dawkins

Minister of State for Employment,

Education and Training

Commencement

1. These Regulations shall come into operation on 1 January 1988.

Principal Regulations

2. In these Regulations, "Principal Regulations" means the Student Assistance Regulations.

Interpretation—general

3. Regulation 3 of the Principal Regulations is amended by omitting "have, for a period of at least 6 months, lived, and continue to live," from paragraph (b) of the definition of "parents" and substituting "live".

Interpretation—Part III

4. Regulation 29 of the Principal Regulations is amended:

(S.R. 335/87) Cat. No 15/7.12.1987

 " 'income':

 (a) in relation to a grantee in relation to a period, includes:

  (i) any amount that in respect of that period is assessable income of the grantee under the Income Tax Assessment Act, other than any amount that is an allowable deduction under sections 51 to 54 (inclusive) of that Act;

 (ii) any amount of income of the grantee derived from a source out of Australia that in respect of that period would be assessable income of the grantee under that Act if that income were derived from a source in Australia, other than any amount that would be an allowable deduction under those sections if that income were derived from a source in Australia;

 (iii) any amount received by the grantee for the maintenance of the grantee or a dependant of the grantee; and

 (iv) any amount received by the grantee on behalf, or for the benefit, of another person;

and excludes any amount payable to the grantee:

 (v) as an allowance under Part IX, X or XII of the Social Security Act;

 (vi) as a pension under Part XI of the Social Security Act;

 (vii) as rent assistance under the Social Security Act;

 (viii) as educational assistance payable in respect of another person;

 (ix) as assistance with tuition fees at a secondary school payable under a scholarship;

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

 (xi) that is payable under section 21 of the Child Welfare Ordinance 1957 of the Australian Capital Territory, or under a corresponding provision of a law of a State or the Northern Territory, in respect of the care of a ward;

 (b) in relation to the spouse or a parent of a grantee in relation to a period, means the sum of the spouse's or parent's taxable income within the meaning of subsection 6 (1) of the Income Tax Assessment Act and any amount received by that spouse or parent for his or her maintenance or the maintenance of a dependant of that spouse or parent;";

 (b) by inserting after the definition of "part-time student" the following definition:

" 'pension benefit', in respect of a person, means:

(a) an age, invalid, wife's or carer's pension payable to that person under Part IV of the Social Security Act;

(b) a widow's pension payable to that person under Part V of that Act;

(c) a supporting parent's benefit payable to that person under Part VI of that Act;

(d) unemployment, sickness or special benefit or a jobsearch allowance payable to that person under Part XIII of that Act;

(e) a service pension payable to that person under Part III of the Veterans' Entitlements Act 1986; or

(f) a full-time vocational training allowance payable to that person by the Commonwealth excluding an allowance provided under a prescribed educational scheme or by an education institution;";

(c) by inserting after the definition of "pensioner" the following definition:

" 'prescribed educational scheme' means any of the following schemes:

(a) the AUSTUDY scheme;

(b) the Aboriginal Study Assistance Scheme to the extent that the scheme applies to full-time students;

(c) the Aboriginal Secondary Assistance Scheme;

(d) the Post-graduate Awards Scheme;

(e) the Veterans' Children Education Scheme;

(f) the Assistance for Isolated Children Scheme;

(g) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance;

(h) the scheme to provide an allowance known as the Maintenance Allowance for Refugees;";

(d) by omitting from subparagraph (9) (a) (i) "$3,821" and substituting "$3,974";

(e) by omitting from subparagraph (9) (a) (ii) "$4,171" and substituting "$4,768";

(f) by omitting paragraph (9) (b) and substituting the following paragraph:

"(b) B is:

(i) $2,614 where the grantee is under 18 years of age; or

(ii) $3,137 where the grantee is 18 years of age or older;"; and

(g) by omitting from subregulation (12) "person" (wherever occurring) and substituting "grantee".

Independent status

5. Regulation 30 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) "a person who is an applicant" and substituting "an applicant who is studying full-time in an approved course and is not ineligible, under any of regulations 32c to 34e (inclusive), to be granted assistance";

(b) by omitting from subregulation (1) "the person –" and substituting "he or she:";

(c) by omitting from paragraph (1) (f) "104" and "156" and substituting "156" and "208", respectively;

(d) by adding at the end of paragraph (1) (g) "or that the person was deemed under paragraph (c), (e) or (f) to be of independent status in 1987 in respect of that year but was not eligible to be granted Assistance in respect of any part of that year";

(e) by omitting paragraph (2) (a);

(f) by omitting from subparagraph (2) (b) (i) "25" and substituting "35";

(g) by omitting paragraph (2) (e) and substituting the following paragraph:

"(e) in respect of a period during which the person was:

(i) a pensioner within the meaning of Part IV or V of the Social Security Act;

(ii) a beneficiary within the meaning of Part VI, XII or XVI of the Social Security Act;

(iii) a service pensioner within the meaning of Division 5 of Part III of the Repatriation Act 1920 or Part III of the Veterans' Entitlements Act 1986;

(iv) a sufferer from tuberculosis to whom, or in respect of whom, an allowance under section 9 of the Tuberculosis Act 1948 was payable;

(v) in receipt of benefit or assistance granted for the purposes of full-time vocational training by the Commonwealth or any authority or body constituted by or under the law of the Commonwealth or a Territory excluding benefit or assistance granted under a prescribed educational scheme or by an education institution;

(vi) supplied with subsistence by a religious order if the person was a member of that order or was otherwise engaged in the performance of the functions of that order or by a religious institution of which the person was a member of the staff; or

 (vii) in lawful custody; or";

(h) by omitting from subregulation (3) "(a),"; and

(i) by omitting from subregulation (6) "(a) or".

Ineligibility—previous study and other reasons

6. Regulation 34 of the Principal Regulations is amended:

(a) by inserting after subregulation (5e) the following subregulations:

"(5f) Paragraph (1) (k) does not apply in respect of an applicant, where:

(a) in relation to that applicant, the approved course first referred to in subregulation (1) and the completed course of study or instruction referred to in that paragraph are courses to which subregulation (3a) applies (other than a Master's qualifying course);

(b) that approved course can not be entered by virtue only of the successful completion of a secondary course or the obtaining of a secondary qualification; and

(c) it is the normal requirement for entry to that approved course that the completed course of study or instruction referred to in that paragraph be successfully completed.

"(6) For the purposes of paragraphs (1) (g), (h), (ha), (hb) and (j) a reference to a year of study or to a year of relevant study does not include a reference to a year of study in a course to which subregulation (3b) applies where that course does not exceed one year in duration.";

(b) by omitting subparagraph (13) (a) (i) and substituting the following subparagraph:

"(i) work of a subject that the applicant discontinued in that year:

(a) being a subject that was not regarded by the education institution at which that work was undertaken as a subject that the applicant had successfully or unsuccessfully undertaken in that year; and

(b) not being work that is in excess of the normal full-time amount of work of that course for a year;"; and

(c) by adding at the end the following subregulations:

"(15) For the purposes of paragraph (1) (k), where the completed course referred to in that paragraph is a course of part-time study at an education institution, being a course that is offered by that institution only as a part-time course, a reference to the amount of work successfully undertaken by the applicant in that course is a reference to the amount of work determined in accordance with the formula:

where:

M is the minimum time a full-time student would take to complete the course; and

N is the normal full-time amount of work, for a year, in that course.

"(16) Subject to subregulation (17), for the purposes of subregulation (15), a reference to the normal full-time amount of work, for a year, in a course is a reference to the amount of work calculated in accordance with the formula:

where:

T is the total amount of work to be completed in that course; and

M has the same meaning as in subregulation (15).

"(17) In paragraphs (13) (b) and (c) and subregulation (15), a reference to the normal full-time amount of work, for a year, in relation to a course that is offered by an education institution only as a part-time course shall be read as a reference:

(a) where the institution offered, in that year, one or more full-time courses at the same level as the part-time course—to the normal full-time amount of work, for a year, in relation to a comparable full-time course offered by that institution; and

(b) where the institution did not, in that year, offer such a full-time course—to the normal full-time amount of work, for a year, in relation to a comparable full-time course that is at the same level as the part-time course and in a similar field of study as the part-time course, being a full-time course offered at a similar institution.

"(18) For the purposes of subregulation (13), in calculating the amount of work a student has undertaken in respect of an approved course referred to in the definition of A in paragraph (1) (m) any amount that exceeds the minimum duration of that course shall be disregarded.".

Living allowance—students of independent status

7. Regulation 41 of the Principal Regulations is amended:

(a) by omitting from paragraph (3) (aa) "Part VII" and substituting "Part XIII";

(b) by omitting from subregulation (3ab) "$15,745" and substituting "$16,000";

(c) by omitting subregulation (3b);

 (d) by omitting from subparagraph (5) (b) (i) "Part VI of that Act) or the Repatriation Act 1920" and substituting "Part X of that Act) or the Veterans' Entitlements Act 1986"; and

(e) by omitting subregulations (6), (6a), (6d) and (6e).

Living allowance—spouses' income concession

8. Regulation 41a of the Principal Regulations is amended:

(a) by omitting "and 41 (6e) (b)"; and

(b) by adding at the end the following subregulation:

"(2) If the spouse of a grantee to whom regulation 41 applies is eligible, in respect of a day in a relevant period, to receive pension benefit, paragraph 41 (3) (c) shall be disregarded when calculating:

(a) whether living allowance is payable under subregulation 41 (3), in respect of that day in respect of that grantee; and

(b) the rate at which any such living allowance is payable under subregulation 41 (4), in respect of that day in respect of that grantee.".

9. Regulation 41b of the Principal Regulations is repealed and the following regulation substituted:

Separation of grantee from his or her spouse

"41b. (1) Subject to subregulation (3), for the purposes of regulations 41 and 41a, the husband or wife of a grantee shall be deemed not to be a spouse of the grantee while he or she lives separately and apart from the grantee.

"(2) For the purposes of regulations 41 and 41a, where a grantee who lives separately and apart from his or her spouse for a period of at least 6 months in duration subsequently resumes cohabitation with that spouse on a day in the relevant year, the grantee shall, notwithstanding anything in these Regulations, be deemed not to have resumed that cohabitation in that year.

"(3) Where:

(a) a grantee was, on 1 January in the relevant year, living separately and apart from his or her spouse; and

(b) the grantee resumes cohabitation with that spouse and the period during which the grantee and the spouse lived separately and apart was less than 6 months in duration;

then, for the purposes of calculating, in respect of a day on or after the day on which the grantee resumed cohabitation with that spouse:

(c) whether living allowance is payable under subregulation 41 (3) in respect of that day in respect of the grantee; and

(d) the rate at which any such living allowance is payable under subregulation 41 (4) in respect of that day in respect of the grantee;

that spouse shall be deemed to have been the spouse of the grantee on that 1 January.".

Living allowance—students not of independent status

10. Regulation 42 of the Principal Regulations is amended:

(a) by inserting in subregulation (1) "42a," before "43b";

(b) by omitting from paragraph (3) (bb) "Part VII" and substituting "Part XIII";

(c) by omitting from subregulation (3) ", or in respect of the grantee and his dependants";

(d) by omitting from subregulation (4) ", or in respect of the grantee and his dependants,";

(e) by omitting paragraphs (6) (a) and (aa) and substituting the following paragraph:

"(a) where the grantee has on that day a brother or sister who:

(i) is undertaking an approved course as a full-time student; and

(ii) is 16 years of age or older or is a person in relation to whom paragraph 32c (2) (b) applies;

an amount calculated in accordance with the formula:

where:

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

N is the number of children (including the grantee) of the parents of the grantee, or either of them, who on that day are children to whom subparagraphs (i) and (ii) apply;";

(f) by omitting from paragraph (6) (b) "$15,745" and substituting "$16,000";

(g) by omitting subregulation (7) and substituting the following subregulation:

"(7) Subject to regulations 42a and 42b, 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:

(a) where the grantee is the only child who was, on 30 June in the year preceding the relevant year, wholly or substantially dependent on one or more of those parents—equal to the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the year preceding the relevant year, of each person who was a parent of the grantee on 1 January in the relevant year;

 (b) where there is only one such child (not including the grantee)—calculated in accordance with the formula:

; and

(c) where there is more than one such child (not including the grantee) calculated in accordance with the formula:

;

where:

A is the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the year preceding the relevant year, of each person who was a parent of the grantee on 1 January in the relevant year; and

C is the number that is one less than the total number of children (not including the grantee) each of whom was, on that 30 June, wholly or substantially dependent on one or more of those parents.";

(h) by omitting subregulation (8);

(i) by omitting paragraph (11) (a) and substituting the following paragraph:

"(a) is not eligible, by virtue of regulation 33 or 33a, to be granted Assistance;";

(j) by omitting from subregulation (11a) ", other than sub-regulations 44 (2), (3), (4), (5) and (6) and regulation 44e,";

(k) by inserting in subregulation (11a) ", 44f or 44g" after "44b"; and

(1) by omitting subregulation (16).

Living allowance—parental income concession

11. Regulation 42a of the Principal Regulations is amended by omitting subregulations (3) and (4) and substituting the following subregulations:

"(3) Where this subregulation applies in respect of a grantee in respect of a day in the relevant year, subregulation 42 (7) applies in respect of the grantee in respect of that day as if the adjusted family income of the family of the grantee in respect of the relevant year were in respect of that day an amount equal to the amount in dollars:

(a) where the grantee is the only child who was, on 30 June in the relevant year, wholly or substantially dependent on a person who was, on 1 January in the relevant year, a parent of the grantee— equal to the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the relevant year, of each person who was a parent of the grantee on 1 January in the relevant year;

(b) where there is only one such child (not including the grantee) calculated in accordance with the formula:

; and

 (c) where there is more than one such child (not including the grantee)-calculated in accordance with the formula:

;

where:

A is the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the relevant year, of each person who was a parent of the grantee on 1 January in the relevant year; and

C is the number that is one less than the total number of children (not including the grantee) each of whom was, on that 30 June, wholly or substantially dependent on a person who was, on 1 January in the relevant year, a parent of the grantee.

"(4) Where:

(a) a person who was on 1 January in the relevant year a parent of a grantee ceases in the period commencing on that 1 January and ending on 30 June in the relevant year, otherwise than by the death of that person, to be a parent of the grantee; and

(b) it would be unreasonable for the adjusted family income of the family of the grantee in respect of the relevant year to be calculated in accordance with subregulation 42 (7) in respect of the period, in the relevant year, after that cessation;

subregulation 42 (7) applies in respect of the grantee in respect of each day in the relevant year in respect of which that person is not regarded as a parent of the grantee as if the adjusted family income of the family of the grantee were an amount equal to the amount in dollars calculated:

(c) if the grantee is the only child who was, on 30 June in the relevant year, wholly or substantially dependent on a person who was, on 1 January in that year, a parent of the grantee—in accordance with the formula:

(d) if there is only one child (not including the grantee) who was, on 30 June in the relevant year, wholly or substantially dependent on a person who was, on 1 January in that year, a parent of the grantee—in accordance with the formula:

; or

(e) if there is more than one such child (not including the grantee)— in accordance with the formula:

;

where:

A is the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the relevant year, of one person who was a parent of the grantee on 1 January in the relevant year;

AD is the number of days in that period during which that person was a parent of the grantee;

B is the sum of the amounts in dollars of the income, in the period of 12 months ending on 30 June in the relevant year, of the other person who was a parent of the grantee on 1 January in the relevant year;

BD is the number of days in that period during which that other person was a parent of the grantee;

C is the number that is one less than the number of children (not including the grantee) each of whom was, on that 30 June, wholly or substantially dependent upon a person who was, on 1 January in the relevant year, a parent of the grantee; and

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

"(5) If a parent of a grantee to whom regulation 42 applies is eligible, in respect of a day in a relevant period, to receive pension benefit, paragraph 42 (3) (a) shall be disregarded when calculating:

(a) whether living allowance is payable under subregulation 42 (3), in respect of that day in respect of that grantee; and

(b) the rate at which any such living allowance is payable under subregulation 42 (4), in respect of that day in respect of that grantee.".

12. Regulation 42b of the Principal Regulations is repealed and the following regulation substituted:

Separation of the parents of a grantee

"42b. (1) For the purposes of regulations 42 and 42a, where a person:

(a) ceases to be a parent of a grantee by virtue of living separately and apart from another parent of the grantee;

(b) so lives for a period of at least 6 months in duration; and

(c) subsequently resumes cohabitation with that other parent on a day in the relevant year;

that person shall, notwithstanding anything in these Regulations, be deemed not to have resumed that cohabitation in that year.

"(2) Where:

(a) a person was, by virtue of living separately and apart from a parent of a grantee, not a parent of the grantee on 1 January in the relvant year; and

 (b) that person resumes cohabitation with that parent within a period that commenced on the day on which the person and that parent commenced to live separately and apart and that is less than 6 months in duration;

then, for the purposes of calculating, in respect of a day on or after the day on which the person resumes cohabitation with that parent:

(c) whether living allowance is payable under subregulation 42 (3) in respect of that day in respect of the grantee; and

(d) the rate at which any such living allowance is payable under subregulation 42 (4) in respect of that day in respect of the grantee;

that person shall be deemed to have been a parent of the grantee on that 1 January.".

Workload for tertiary students—work deemed not to be undertaken

13. Regulation 44 of the Principal Regulations is amended:

(a) by omitting from subregulations (2) and (3) "sub-regulations (4)" and substituting "subregulations (3a), (4)"; and

(b) by inserting after subregulation (3) the following subregulation:

"(3a) A reference in subregulation (2) or (3) to work of an approved course at a tertiary institution that a tertiary student shall be deemed not to be undertaking does not include a reference to work in a course to which subregulation 34 (3b) applies where that course is no longer than one year in duration.".

Fares allowance

14. (1) Regulation 47 of the Principal Regulations is amended:

(a) by omitting paragraph (2) (a) and substituting the following paragraph:

"(a) a student who has a spouse with whom the student lives during the academic year;"; and

(b) by inserting after paragraph (2) (aa) the following paragraph:

"(ab) a new or continuing pensioner student who is deemed to be of independent status and who does not have a spouse;".

(2) The amendments of the Principal Regulations made by subregulation (1) do not apply in respect of a journey referred to in subparagraph 47 (1) (c) (iii) of the Principal Regulations that is made upon completion or discontinuation of the work of a course for 1987.

Living allowance

15. Regulation 70 of the Principal Regulations is amended:

(a) by omitting from subparagraph (1) (b) (ii) "Part VI of that Act) or the Repatriation Act 1920" and substituting "Part X of that Act) or the Veterans' Entitlements Act 1986";

(b) by omitting paragraphs (2) (a), (b) and (c) and substituting the following paragraph:

"(a) if subregulation (1) applies to the holder $11,102.40;"; and

(c) by omitting from paragraphs (2) (d) and (e) "$8,126" (wherever occurring) and substituting "$8,882".

Notice to be given of certain matters affecting Assistance

16. Regulation 85 of the Principal Regulations is amended by omitting paragraph (1) (s) and substituting the following paragraph:

"(s) any benefit, pension or allowance begins to be, payable to or in respect of the grantee under Part IV, V, VI, XIII or XVI of the Social Security Act;".

Schedule 1

17. Schedule 1 to the Principal Regulations is amended by adding at the end:

"Western Australia—

Curtin University of Technology".

Schedule 3

18. Schedule 3 to the Principal Regulations is amended:

(a) by omitting "HSC Secretarial College" and substituting "Hales Business Studies College"; and

(b) by omitting "Hartill-Underwood Commercial College" and substituting "Hartill Business College".

Schedule 3A

19. Schedule 3a to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 3a

Regulation 29, 29a, 43 and 43a

Pensions

SCHEDULE 3a—continued

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1987.

2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments see Statutory Rules 1987 No.  288 / Nos 288, 289 and 304 and see also Statutory Rules 1987 No

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