Commonwealth Consolidated Regulations

STUDENT ASSISTANCE REGULATIONS 2003 - REG 5

                In this Part:

"ABSTUDY payee" means a person (including an Australian apprentice) who is receiving, or is entitled to receive, an amount under the ABSTUDY Scheme.

"Australian apprentice" means a person who has a current Commonwealth registration number in relation to a full-time apprenticeship, traineeship or trainee apprenticeship under the scheme known as Australian Apprenticeships, but does not include a person whose registration number is suspended.

"base tax year" means the financial year ending on 30 June of the year before the calendar year to which an application for ABSTUDY relates.

"dependent child"  has the meaning given by regulation 5A.

"dependent student" means a student, or an Australian apprentice, who:

                (a)    does not have independent status; and

               (b)    does not receive a pension under the Social Security Act 1991 or the Veterans' Entitlements Act 1986 ; and

                (c)     is not in the care of an authority of a State or a Territory; and

               (d)    is not in lawful custody.

"designated parent " means a parent of an ABSTUDY payee who:

                (a)    in the base tax year:

                          (i)    had an interest in a trust, private company or unlisted public company; or

                         (ii)    was self-employed otherwise than as a sole trader mainly or wholly engaged in a primary production business owned by the parent; or

                        (iii)    was a partner in a business partnership; or

                        (iv)    derived income of at least $2 500 that did not consist solely of income from a pension or similar payment from a source in Norfolk Island or overseas; or

                         (v)    derived income from a salary or wage, and claimed a tax deduction for a business loss for that year or a previous year that does not consist solely of a net passive business loss; or

               (b)    has an interest of at least $2 500 or more in assets located outside Australia and its external territories; or

                (c)    entered Australia under:

                          (i)    a permanent visa; or

                         (ii)    a temporary visa relating to business skills;

                        in the 10 years before the start of the calendar year in which the ABSTUDY payment period ends.

Guide to Australian Government Payments means the Commonwealth's guide booklet containing details of payment rates and eligibility criteria for all payments:

                (a)    issued by Centrelink and the Family Assistance Office; and

               (b)    dated 20 September 2004.

"independent rate" means the rate of payment to a student or an Australian apprentice of ABSTUDY or Youth Allowance worked out by reference to the independent status of the student or Australian apprentice.

"independent status"  has the meaning given by regulation 5B.

"parent" has the meaning given by regulation 5C.