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l985 No. 35*1* STUDENT ASSISTANCE REGULATIONS*2* (AMENDMENT) - REG 4
4. Regulations 45, 45A, 45B and 45BA of the Student Assistance Regulations are
repealed and the following regulations substituted: Time limit for
applications
"45. Subject to regulations 45A and 45B, where an application by a student for
Assistance for a year or part of a year in respect of an approved course is
not received by an authorized person on or before the applicable lodgment
date, living allowance is not payable in respect of any period in that year
before the day on which the application was received by an authorized person.
Time limit for applications-change in circumstances
"45A. (1) Subject to regulation 45B, this regulation applies in respect of an
application by a student for Assistance for a year or part of a year in
respect of an approved course-
(a) if living allowance was not payable under these Regulations, other
than regulation 45, for that year or that part of that year in respect
of the student in respect of that course; and
(b) if because of a change in circumstances affecting the student living
allowance would, but for regulation 45, have become so payable for a
period in that year or that part of that year.
"(2) Where this regulation applies in respect of an application by a student
for Assistance for a year or part of a year in respect of an approved course,
regulation 45 does not apply in respect of that application.
"(3) Where because of a change in circumstances this regulation applies in
respect of an application by a student for Assistance for a year or part of a
year in respect of an approved course and an authorized person receives after
the applicable lodgment date and more than 4 weeks after that change-
(a) where that application is received by an authorized person before that
change-written notification of that change; or
(b) in any other case-that application, living allowance is not payable in
respect of any period in that year or that part of that year before
the day on which the authorized person received that notification or
application, as the case requires. Time limit for
applications-extenuating circumstances
"45B. (1) Where a student takes reasonable steps to ensure that an application
for Assistance or a notification in relation to such an application is
received by an authorized person within a time limit set by regulation 45 or
45A, that application or notification, as the case requires, shall be deemed
to have been so received.
"(2) Where-
(a) a student is unable because of circumstances beyond his or her control
to take reasonable steps to ensure that an application for Assistance
or a notification in relation to such an application is received by an
authorized person within a time limit set by regulation 45 or 45A; and
(b) as soon as practicable after those circumstances cease to apply, the
student takes reasonable steps to ensure that the application or
notification, as the case requires, is received by an authorized
person, that application or notification shall be deemed to have been
received by an authorized person within that time limit.".
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