Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Income Tax Assessment Act 1936
1 Subsection 6(1) (subparagraph (b)(i) of the definition of Commonwealth education or training payment )
Repeal the subparagraph.
2 Paragraph 16(4)(hb)
After “the Secretary to the Department of Education”, insert “and the Secretary to the Department of Social Security”.
3 Subsections 24ABZE(4) and (5)
Repeal the subsections.
4 Subsections 24ABZF(2), (3), (4) and (5)
Repeal the subsections.
5 Subsection 51(6AA) (note)
After “ Higher Education Funding Act 1988 ”, insert “, the Social Security Act 1991 ”.
6 Subsection 79A(4) (paragraph (a) of the definition of prescribed allowance )
Omit “, Part 8 of the Student and Youth Assistance Act 1973 ”.
7 Subsection 82A(2) (paragraph (c) of the definition of expenses of self-education )
After “under”, insert “Chapter 2B of the Social Security Act 1991 or”.
8 Subsection 160AAA(1) (paragraph (a) of the definition of rebatable benefit )
After “2.8A,”, insert “2.11, 2.11A,”.
9 Subsection 160AAA(1) (paragraph (b) of the definition of rebatable pension )
After “PP (partnered),”, insert “2.11, 2.11A,”.
10 Subsection 163B(10)
Insert:
"FS assessment debt" means an FS assessment debt under:
(a) an instrument under Chapter 2B of the Social Security Act 1991 establishing a Student Financial Supplement Scheme; or
(b) the Student Assistance Act 1973 .
11 Subsection 163B(10)
Insert:
"HEC assessment debt" has the same meaning as in Chapter 5A of the Higher Education Funding Act 1988 ;
12 After paragraph 202(h)
Insert:
(ha) to facilitate the administration of a provision of an instrument under Chapter 2B of the Social Security Act 1991 establishing a Student Financial Supplement Scheme, being a provision relating to the recovery through the taxation system of a student’s outstanding indebtedness in respect of financial supplement paid to the student in accordance with the Scheme; and
13 Paragraph 202CB(6)(a)
After “applicant for”, insert “an austudy payment,”.
14 Paragraph 202CB(6)(a)
Omit “or a sickness allowance”, insert “, a sickness allowance or a youth allowance”.
15 Paragraph 202CB(6)(aa)
Repeal the paragraph.
16 Paragraph 202CB(6)(b)
Omit “such a benefit or pension”, substitute “a payment referred to in paragraph (a)”.
17 Paragraph 202CE(7)(a)
After “applicant for”, insert “an austudy payment,”.
18 Paragraph 202CE(7)(a)
Omit “or a sickness allowance”, insert “, a sickness allowance or a youth allowance”.
19 Paragraph 202CE(7)(aa)
Repeal the paragraph.
20 Paragraph 202CE(7)(b)
Omit “such a benefit or pension”, substitute “a payment referred to in paragraph (a)”.
21 Subsection 221A(1) (paragraph (c) of the definition of prescribed non-resident )
After “Part” insert “2.11, 2.11A,”.
22 Subsection 221ZY(1) (definition of FS assessment debt )
Repeal the definition, substitute:
"FS assessment debt" means an FS assessment debt under:
(a) an instrument under Chapter 2B of the Social Security Act 1991 establishing a Student Financial Supplement Scheme; or
(b) the Student Assistance Act 1973 .
23 Application—payments of AUSTUDY
The amendments to the Income Tax Assessment Act 1936 made by this Part do not apply to payments of benefits under the AUSTUDY scheme under Part 2 of the Student Assistance Act 1973 (as in force before 1 July 1998).
Note: This Act repeals Part 2 of the Student Assistance Act 1973 (as in force before 1 July 1998), and payments of benefits under the AUSTUDY scheme will cease to be made under that Part.
24 Application—payments of youth training allowance
The amendments to the Income Tax Assessment Act 1936 made by this Part do not apply to payments of youth training allowance under Part 8 of the Student Assistance Act 1973 (as in force before 1 July 1998).
Note: This Act repeals Part 8 of the Student Assistance Act 1973 (as in force before 1 July 1998), and payments of youth training allowance will cease to be made under that Part.
Income Tax Assessment Act 1997
25 Section 11‑15 (table item headed “social security or like payments”)
Omit:
| youth training allowance, payment of............................ | 24ABZE and 24ABZF |
26 Paragraph 26-20(1)(d)
After “under”, insert “Chapter 2B of the Social Security Act 1991 or”.
27 Section 52-10 (after table item 2.1)
Insert:
| 2A.1 | Austudy payment |
Supplementary amount is exempt (see section 52-15) | Supplementary amount, and tax-free amount, are exempt (see sections 52-15 and 52-20) | Exempt | Exempt up to the tax-free amount (see section 52-30) |
28 Section 52-10 (after table item 13.1)
Insert:
| 13A.1 | Fares allowance | Exempt | Exempt | Not applicable | Not applicable |
29 Section 52-10 (after table item 22.1)
Insert:
| 22A.1 | Pensioner education supplement | Exempt | Exempt | Not applicable | Not applicable |
30 Section 52-10 (at the end of the table)
Add:
| 35.1 | Youth allowance | Supplementary amount is exempt (see section 52-15) | Supplementary amount, and tax-free amount, are exempt (see sections 52-15 and 52-20) | Exempt | Exempt up to the tax-free amount (see section 52-30) |
31 Section 52‑15 (table item 1, paragraph (d) of the column relating to the supplementary amount)
Omit “; and”.
32 Section 52‑15 (table item 1, paragraph (e) of the column relating to the supplementary amount)
Repeal the paragraph.
33 Section 52‑15 (table item 2)
After “Widow allowance”, insert “Youth allowance”.
34 Section 52‑15 (table item 2, paragraph (c) of the column relating to the supplementary amount)
Omit “; and”.
35 Section 52‑15 (table item 2, paragraph (d) of the column relating to the supplementary amount)
Repeal the paragraph.
36 Section 52‑15 (table item 4, paragraph (d) of the column relating to the supplementary amount)
Repeal the paragraph.
37 Section 52‑15 (at the end of the table)
Add:
| 5 | Austudy payment |
(a) so much of the payment as is included by way of remote area allowance; and (b) so much of the payment as is included by way of pharmaceutical allowance
|
38 Subsection 52-20(3) (after table item 5)
Insert:
| 5A | Division 10 of Part 2.11 | paragraph 567(1)(f) |
|
5B | Division 10 of Part 2.11A | paragraph 592(1)(f) |
39 Subsection 52‑30(1)
Before “Mature age allowance (paid under Part 2.12B)”, insert “Austudy payment”.
40 Subsection 52‑30(1) (at the end of the table)
Add “Youth allowance”.
41 Section 52‑40 (after table item 2)
Insert:
| 2A | Austudy payment | Part 2.11A | Section 592A | Section 592B |
42 Section 52‑40 (after table item 13)
Insert:
| 13A | Fares allowance | Part 2.26 | Not applicable | Not applicable |
43 Section 52‑40 (after table item 22)
Insert:
| 22A | Pensioner education supplement | Part 2.27 |
Not applicable | Not applicable |
44 Section 52‑40 (at the end of the table)
Add:
| 35 | Youth allowance | Part 2.11 | Section 567A |
Section 567B |
45 Paragraph 52-70(c)
Omit “allowance; and”, substitute “allowance.”.
46 Paragraph 52-70(d)
Repeal the paragraph.
Taxation (Interest on Overpayments and Early Payments) Act 1983
47 Subsection 3(1) (definition of FS assessment debt )
Repeal the definition, substitute:
"FS assessment debt" means an FS assessment debt under:
(a) an instrument under Chapter 2B of the Social Security Act 1991 establishing a Student Financial Supplement Scheme; or
(b) the Student Assistance Act 1973 .