1993 No. 367 AUSTUDY REGULATIONS (AMENDMENT) - REG 8 8. Regulation 12A (Frequency of payments)

1993 No. 367 AUSTUDY REGULATIONS (AMENDMENT) - REG 8

8.1 Omit the regulation, substitute: 12A When and to whom is AUSTUDY paid?

"12A. (1) Subject to subregulation (2), AUSTUDY is paid fortnightly to a
student.

"(2) AUSTUDY is paid to a parent of the student, if:

   (a)  the student is undertaking a secondary course at a secondary school;
        and

   (b)  the student has not turned 18; and

   (c)  the student's entitlement to living allowance:

        (i)    is calculated taking account of the parent's income; or

        (ii)   would be calculated taking account of the parent's income, if
               regulation 98 ('Can students with pensions get AUSTUDY?') did
               not apply; and

   (d)  the student usually lives with the parent during the academic year.

"(3) A parent of the student may request the Department in writing to pay
AUSTUDY to the student if:

   (a)  paragraphs (2) (a), (b) and (c) apply to the student; and

   (b)  the student lives at the home of either of his or her parents, except
        during the academic year when he or she boards away from home.

"(4) The Department must pay AUSTUDY to a student whose parent makes a request
in accordance with subregulation (3).

"(5) Subregulations (2), (3) and (4) do not apply if:

   (a)  the student qualifies as independent under regulation 67 ('Who gets
        the independent rate?'); or

   (b)  paragraph 92 (1) (a), (b) or (c) ('Concession to the parental income
        test: (d) students in State care') applies to the student, unless:

        (i)    a State or Territory welfare authority; or

        (ii)   an organisation approved in writing by a State or Territory
               welfare authority to arrange for foster care for the student;
               has advised the Department in writing that it would be in the
               best interests of the student for AUSTUDY to be paid to the
               parent; or

   (c)  there are reasonable grounds for believing that AUSTUDY payments would
        not be applied to the support of the student.".