Statutory Rules 1995 No. 3941
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AUSTUDY/ABSTUDY Supplement Regulations2 (Amendment)
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Student and Youth Assistance Act 1973.
Dated 12 December 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROSS FREE
Minister for Schools, Vocational Education and Training
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1. Amendment
1.1 The AUSTUDY/ABSTUDY Supplement Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]
2. Application
2.1 The amendments of the AUSTUDY/ABSTUDY Supplement Regulations made by subregulations 3.3, 3.4, 3.5, 3.6, 3.7 and 3.8 and regulations 4 and 5 of these Regulations apply only in relation to financial supplement for a year, or a part of a year, commencing on or after 1 January 1996.
3. Regulation 3 (Interpretation)
3.1 Definition of “Act”:
After “Student”, insert “and Youth”.
3.2 Definition of “AUSTUDY”:
Omit “the Student Assistance Act 1973;”, substitute “the Act;”.
3.3 Definition of “category 1 student”:
Omit the definition, substitute:
“ ‘category 1 student’ means a student who, in a year, qualifies, or apart from Part 4A of the Act would qualify, for a prescribed benefit under the AUSTUDY scheme or the ABSTUDY scheme for the year or a part of the year;”.
3.4 Definition of “category 2 student”:
Omit the definition, substitute:
“ ‘category 2 student’ means a student:
(a) in relation to whom, in a year, adjusted parental income is less than the amount prescribed by regulation 7; and
(b) who would, except for the parental income test applicable under the AUSTUDY scheme or the ABSTUDY scheme, qualify for a prescribed benefit under the AUSTUDY scheme or the ABSTUDY scheme for the year, or a part of the year;”.
3.5 Definition of “dependent spouse allowance”:
Omit the definition.
3.6 Definition of “grant eligibility period”:
Omit “, dependent spouse allowance” (twice occurring).
3.7 Definition of “living allowance”:
Paragraph (a):
Omit “scheme but does not include the dependent spouse allowance;”, substitute “scheme;”.
3.8 Definition of “living allowance”:
Paragraph (b):
Omit “Regulations but does not include the dependent spouse allowance under regulation 64 of the AUSTUDY”.
4. Regulation 6 (Prescribed benefits)
4.1 Omit the regulation, substitute:
Prescribed benefits
“6. For the purposes of Part 4A of the Act, each of the following benefits under the AUSTUDY scheme or the ABSTUDY scheme is declared to be a prescribed benefit:
(a) living allowance;
(b) pensioner education supplement.”.
5. Regulation 7 (Prescribed parental income)
5.1 Omit “$50,850”, substitute “$53,138”.
6. Regulation 9 (Maximum amount of financial supplement for category 1 students)
6.1 Paragraph 9 (1) (a):
Omit “or”, substitute “and”.
6.2 Subregulations 9 (2) and (3):
Omit the subregulations, substitute:
“(2) For the purposes of subparagraph 12F (1) (b) (i) of the Act, the maximum amount of financial supplement that a category 1 student is eligible to obtain in relation to a grant eligibility period of less than 1 year is the lesser of:
(a) the amount worked out using the formula in subregulation (3); and
(b) the amount worked out using the formula in subregulation (4).
“(3) For the purposes of paragraphs (1) (b) and (2) (a), the formula is:
2 x (annual benefit – overpayment – actual benefit)
where:
‘annual benefit’ is the amount of a prescribed benefit to which the student would be entitled in relation to the grant eligibility period if no financial supplement were obtained by the student; and
‘overpayment’ is the amount (if any):
(a) that is:
(i) a student assistance overpayment; or
(ii) a special educational assistance scheme overpayment; or
(iii) a prescribed educational scheme overpayment; or
(iv) a Social Security or Veterans’ legislation overpayment; and
(b) that has been paid, at any time, to, or in relation to, the student; and
(c) in relation to which there is an unsatisfied liability to the Commonwealth; and
(d) that the Secretary has determined is to be recovered from the student in the grant eligibility period; and
‘actual benefit’ is the amount (if any) of a prescribed benefit that has been paid to the student in relation to the grant eligibility period (except any amount that is, under subsection 7 (8) of the Act, taken never to have been paid to the student).”.
6.3 Subregulation 9 (4):
Omit “subregulation (2),”, substitute “paragraph (2) (b),”.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 12 December 1995.
2. Statutory Rules 1992 No. 454 as amended by 1993 No. 365.