Commonwealth Numbered Regulations - Explanatory Statements

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AUSTUDY REGULATIONS (AMENDMENT) 1994 NO. 13

STATUTORY RULES 1994 No. 13

Issued by the Authority of the Minister for Schools, Vocational Education and Training

Student Assistance Act 1973

AUSTUDY Regulations (Amendment)

The Student Assistance Act 1973 (the Act) provides the legislative authority for the AUSTUDY Scheme and for a debt management regime for the AUSTUDY, ABSTUDY and Assistance for Isolated Children Schemes. These schemes pay financial assistance directly to students or their parents.

Section 56 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The proposed Regulations implement a number of minor changes and corrections to the existing AUSTUDY Regulations:

•       16 year old secondary students living at home will not be excluded from AUSTUDY from 1 March 1994. (Regulation 2)

•       a concession allowing for the backdating of AUSTUDY payments for students whose break in study of more than one semester (not counting the normal vacation periods) was caused by illness or other circumstances beyond their control. (Regulation 3.1)

•       updating references to AUSTUDY Regulations. (Regulations 3.2, 4, 5, 6 and 7)

•       increasing the per kilometre rates that apply (where public transport is not available), for the purpose of calculating fares allowance. (Regulation 9)

The proposed Regulations will commence on the day of gazettal.

A detailed explanation of the Regulations is set out in the Attachment.

ATTACHMENT

Details of the AUSTUDY Regulations (Amendment)

Regulation 1 - Amendment

Subregulation 1.1 provides that the AUSTUDY Regulations are amended as set out in the Regulations.

Regulation 2 - Regulation 5 (Age)

Background

Statutory Rules No. 371/93 made a number of changes to the AUSTUDY Regulations. Regulation 4 of those changes inserted subregulations 5(2) and (3) in the AUSTUDY Regulations.

The purpose of the amendment was to give effect to the decision to transfer 16 year old students from the AUSTUDY Scheme to the Family Payments Scheme from 1 March 1994. Complementary amendments were to be made to the Social Security Act 7991 (SSA) by the Social Security (Budget and Other Measures) Legislation Amendment Act 1993.

However, the relevant amendments to the SSA were omitted from the amending Act. Sixteen year old secondary students will now remain under the AUSTUDY Scheme. Consequently, it is necessary to omit subregulations 5(2) and (3).

Subregulation 2.1 omits subregulations 5(2) and (3).

Regulation 3 - Regulation 7 (When is AUSTUDY payable from?)

Background

Subregulation 7(1A), inserted by S.R.No.371/93, provides that where a student resumes study after discontinuing full-time study for more than one semester, AUSTUDY is payable only from the start of the student's course. However, this rule does not apply where the discontinuance was due to the student's illness or other circumstances beyond the student's control, or when the student was previously a part-time student in receipt of AUSTUDY. In these cases AUSTUDY is backdated to either 1 January or 1 July of the year of study.

For students who have had a break in full-time study of more than one semester, paragraph 7(1A)(a) provides that paragraphs 7(1)(a), (b) and (d) - which allow for payment from the start of the year or semester - do not apply except in the circumstances specified in subparagraphs 7(1A)(a)(i) and (ii).

Where the circumstances specified in sub . paragraphs 7(1A)(a)(i) and (ii) apply, AUSTUDY is to be paid from the start of the year or semester in accordance with paragraphs 7(1)(a), (b) and (d).

Otherwise, AUSTUDY is to be paid from the start of the student's course. However, paragraph 7(1A)(b) as currently worded provides that AUSTUDY is to be paid from the start of the student's course "if subparagraph (a)(i) or (ii) applies". This should read: "if paragraph (a) does not apply".

Subregulation 3.1 deletes the words if subparagraph (a)(i) or (ii) applies and inserts the words if paragraph (a) does not apply. The amendment does not introduce new policy but is intended only to clarify the wording of the present provision.

Subregulation 3.2 amends subregulation 7(2) by deleting the words under Division 6 of Part 3 and inserting the words under Part 4. The amendment does not introduce new policy but simply reflects the current numbering of the AUSTUDY Regulations.

Regulation 4 - Regulation 8 (AUSTUDY is payable until when?)

Background

Subregulation 8(2) provides that the relevant regulations on the dates to which AUSTUDY may be paid apply to a student who is studying part-time as if the student were studying full-time, if the student is eligible to get AUSTUDY under the concessions for students who are disabled or who receive certain pensions under regulations 52-55.

The regulations describe the concessions for students who are disabled or who receive certain pensions by referring to "Division 6 of Part 3 in this Chapter".

Regulations 52-55 are now located in Part 4 of Chapter 2. Division 6 of Part 3 no longer exists.

Subregulation 4.1 amends subregulation 8(2) by deleting the words under Division 6 of Part 3 and inserting the words under Part 4 to reflect the current numbering of the AUSTUDY Regulations.

Regulation 5 - Regulation 9 (Is AUSTUDY paid for the long vacation?)

Subregulation 5.1 amends subregulation 9(2) parallel to the amendment of subregulation 8(2) (see Regulation 4 above).

Regulation 6 - Regulation 10 (Is AUSTUDY paid for vacations during the year?)

Subregulation 6.1 amends subregulation 10(2) parallel to the amendment of subregulation 8(2) (see Regulation 4 above).

Regulation 7 - Regulation 11 (Is AUSTUDY paid during illness?)

Subregulation 7.1 amends subregulation 11 (5) parallel to the amendment of subregulation 8(2) (see Regulation 4 above).

Regulation 8 - Regulation 64 (Is there additional allowance for a spouse?)

Subregulation 8.1 makes a minor drafting change to subregulation 64(1), correcting a previous drafting error.

Regulation 9 - Regulation 101 (How much is the fares allowance?)

Background

Regulation 101 provides for the calculation of the amount of fares allowance. It sets out the per kilometre rates that apply where public transport is not available. The rates are updated in accordance with changes made by APS Agreement Memorandum No. 15 to the rates of Motor Vehicle Allowance set by PSB Determination 1983/10, Clause 6.1.2, Schedule 11.

Subregulation 9.1 amends subregulation 101 (4) to vary the applicable rates.