AUSTUDY REGULATIONS (AMENDMENT) 1997 NO. 83 AUSTUDY REGULATIONS (AMENDMENT) 1997 NO. 83 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. Regulation 12D (What happens if AUSTUDY has been underpaid?) 4. Regulation 12E (What happens if AUSTUDY has been overpaid?) 5. New regulation 23 6. Regulation 52 (Recognition of students with disabilities and students getting certain pensions) 7. Regulation 64 (Is there additional allowance for a spouse?) 8. Regulation 83 (What is a student's income?) 9. Regulation 87 (What are the deductions for children?) 10. Regulation 102F (What is the amount of rent assistance?) 11. Regulation 102F (What is the amount of rent assistance?) 12. Regulation 102G (What is the effect of the student income test on rent assistance?) 13. Regulation 109 (What changes in circumstances must the Department be told about?) 14. Schedule 1 (Pensions and allowances) 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 1 1. Commencement 1.1 Regulation 9 is taken to have commenced on 4 December 1996. 1.2 Regulation 10 is taken to have commenced on 1 January 1997. 1.3 Regulations 6, 11, 12 and 14 commence on 1 July 1997. [NOTE: The remaining provisions of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.] 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 2 2. Amendment 2.1 The AUSTUDY Regulations are amended as set out in these Regulations. 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 3 3. Regulation 12D (What happens if AUSTUDY has been underpaid?) 3.1 Omit the regulation, substitute: 12D What happens if AUSTUDY has been underpaid? "12D. If the Department determines that an AUSTUDY payment to a student, or to a parent of a student for the student, is less than the amount to which that person is entitled, an amount equal to the difference between the entitlement and the amount paid to the person must be added as soon as practicable to a fortnightly AUSTUDY payment to the person.". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 4 4. Regulation 12E (What happens if AUSTUDY has been overpaid?) 4.1. After "to a student", insert ", or to a parent of a student for the student,". 4.2 Paragraph 12E (b): Omit the paragraph, substitute: "(b) acting on that information, the Department had correctly determined the student's entitlement for the whole year;". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 5 5. New regulation 23 5.1 After regulation 22, insert: 23 Excluded: (c) students who are full-time apprentices or trainees "23. A student cannot get AUSTUDY if: (a) the student is employed as an apprentice or trainee in an industry, occupation, trade or kind of work; and (b) the student is undertaking an apprenticeship or traineeship in accordance with a training agreement; and (c) the student's ordinary hours of employment (including the training component of the employment) are not less than the usual hours of employment for a full-time apprentice or trainee in that industry, occupation, trade or kind of work.". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 6 6. Regulation 52 (Recognition of students with disabilities and students getting certain pensions) 6.1 Subparagraph 52 (1) (c) (i): Omit "carer pension", substitute "carer payment". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 7 7. Regulation 64 (Is there additional allowance for a spouse?) 7.1 Subparagraph 64 (1) (c) (i): After "special benefit", insert ", partner allowance". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 8 8. Regulation 83 (What is a student's income?) 8.1 Paragraphs 83 (1) (c) and (d): Omit the paragraphs, substitute: "(c) if the student is independent - an amount received by, or on behalf of, the student for his or her maintenance; and (d) if the student: (i) is independent; and (ii) has a dependent child who is not also dependent on the student's spouse; an amount received by, or on behalf of, the student for the maintenance of the child; and". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 9 9. Regulation 87 (What are the deductions for children?) 9.1 Subparagraph 87 (1) (b) (ii): Omit "22 years", substitute "25 years". 9.2 The amendment of the AUSTUDY Regulations made by subregulation 9.1 does not apply to an application for AUSTUDY for a period that ended before 1 January 1997. 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 10 10. Regulation 102F (What is the amount of rent assistance?) 10.1 Subregulation 102F (2): Omit "$37.20", substitute "$37.30". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 11 11. Regulation 102F (What is the amount of rent assistance?) 11.1 Subregulation 102F (2): Omit the subregulation, substitute: "(2) The maximum rent assistance is: (a) for a student who is a single person sharing accommodation - $24.90 a week; or (b) for any other student - $37.30 a week. "(3) A student is a single person sharing accommodation if the student: (a) does not have a spouse1; and (b) has, in common with 1 or more other people, the right to use at least 1 major area of accommodation. "(4) A student is not a single person sharing accommodation if the student: (a) pays, or is liable to pay, amounts for the student's board and lodging in the accommodation; or (b) resides in a nursing home. "(5) A student who has the exclusive right to use a bathroom, a bedroom and a kitchen is not a single person sharing accommodation only because the student has the right, in common with 1 or more other people, to use at least 1 other major area of accommodation. "(6) A student who lives alone in a caravan or mobile home, or on board a vessel, is not a single person sharing accommodation only because the student has the right, in common with 1 or more other people, to use at least 1 major area of accommodation in a caravan park or marina. "(7) In this regulation, 'major area of accommodation' means any of the following accommodation areas (whether or not identifiably separate from another accommodation area): (a) a bathroom; (b) a kitchen; (c) a bedroom. Note to regulation 102F 1 'Spouse' is defined in subregulation 93 (2).". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 12 12. Regulation 102G (What is the effect of the student income test on rent assistance?) 12.1 Subregulation 102G (1): After "maximum assistance", insert "to which he or she is entitled". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 13 13. Regulation 109 (What changes in circumstances must the Department be told about?) 13.1 After subparagraph 109 (1) (a) (vi), insert: "(vii) begins a full-time apprenticeship or traineeship; or". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - REG 14 14. Schedule 1 (Pensions and allowances) 14.1 Group B, item 1: Omit "Carer pension", substitute "Carer payment". 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - NOTE 1 NOTES *1* Notified in the Commonwealth of Australia Gazette on 16 April 1997. 1997 No. 83 AUSTUDY REGULATIONS (AMENDMENT) - NOTE 2 *2* Statutory Rules 1990 No. 443 as amended by 1991 No. 480; 1992 Nos. 24 and 399; 1993 No. 367; 1994 Nos. 13, 91 and 409; 1995 Nos. 132 and 393 (disallowed in the Senate on 10 September 1996); 1996 Nos. 21, 245, 246, 261 and 275. - NOTES 1997 No. 83*1* AUSTUDY REGULATIONS*2* (AMENDMENT) - Dated 16 April 1997