Chapter 3
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Assistance to students
PART 3-4
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OS-HELP ASSISTANCE
Division 121
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How are amounts of OS-HELP assistance worked out?
SECTION 121-1
The amount of OS-HELP assistance for a period
121-1(1)
The amount of *OS-HELP assistance to which a student is entitled for a period of 6 months is the sum of the following amounts determined by the higher education provider to which the student applied for selection for receipt of the assistance:
(a)
the amount determined by the provider for the overseas study (see subsections (2) and (3));
(b)
if the student is entitled to a *supplementary amount for Asian language study
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the supplementary amount determined by the provider for that language study (see subsections (4) and (5)).
Determining amounts for overseas study
121-1(2)
The amount determined for overseas study must not exceed:
(a)
the amount specified in the application; or
(b)
the *maximum OS-HELP (overseas study) amount for a period of 6 months.
121-1(3)
The amount determined for overseas study must not be less than the higher education provider
'
s *minimum OS-HELP (overseas study) amount, if the provider has a minimum OS-HELP (overseas study) amount.
Determining supplementary amounts for Asian language study
121-1(4)
The supplementary amount determined for Asian language study must not exceed:
(a)
the amount specified in the application; or
(b)
the *maximum OS-HELP (Asian language study) amount for a period of 6 months.
121-1(5)
The supplementary amount determined for Asian language study must not be less than the higher education provider
'
s *minimum OS-HELP (Asian language study) amount, if the provider has a minimum OS-HELP (Asian language study) amount.
History
S 121-1 substituted by No 112 of 2013, s 3 and Sch 1 item 14, effective 30 June 2013. For application provisions see note under s
121-1
. No 112 of 2013, s 3 and Sch 1 Pt 2 contains the following application provisions:
Part 2
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Application of amendments
29 Application of amendments relating to OS-HELP assistance
(1)
Part 3-4 of the
Higher Education Support Act 2003
, as amended by this Schedule, applies in relation to OS-HELP assistance paid to a student if:
(a)
the assistance is paid on or after 1 January 2014; and
(b)
the student is selected, on or after 1 January 2014, by the home provider for receipt of OS-HELP assistance, or a supplementary amount for Asian language study, in relation to a period of 6 months; and
(c)
in the case of overseas study
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the overseas study to which the assistance relates is completed on or after 1 January 2014; and
(d)
in the case of a supplementary amount for Asian language study
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the intensive study in an Asian language to which the supplementary amount relates is completed on or after 1 January 2014.
(2)
To avoid doubt, subitem (1) applies even if:
(a)
the student applied for OS-HELP assistance before 1 January 2014; or
(b)
the period of 6 months to which the assistance relates started before 1 January 2014; or
(c)
the student started to undertake the overseas study to which the assistance relates, or the intensive study in an Asian language, before 1 January 2014.
30 Indexation of amounts in 2014
(1)
Despite section
198-10
of the
Higher Education Support Act 2003
, the amounts set out in items 5 and 6 of the table in subsection
198-5(1)
of that Act, as in force on and after the commencement of this item, are not to be indexed on 1 January 2014 in accordance with Part
5-6
of that Act.
(2)
Despite Part
5-6
of the
Higher Education Support Act 2003
, the maximum OS-HELP amount for a period of 6 months under section
121-5
of that Act, as in force immediately before the commencement of this item, is taken to be $6,250 for a student who:
(a)
is paid OS-HELP assistance on or after 1 January 2014; and
(b)
either:
(i)
is selected for receipt of OS-HELP assistance before 1 January 2014; or
(ii)
completes the overseas study in respect of the period before 1 January 2014.
S 121-1 formerly read:
SECTION 121-1 The amount of OS-HELP assistance for a period
121-1(1)
The amount of *OS-HELP assistance to which a student is entitled for a period of 6 months is the amount determined by the higher education provider to which the student applied for selection for receipt of the assistance.
121-1(2)
The amount must not exceed:
(a)
the amount specified in the application; or
(b)
the *maximum OS-HELP amount for a period of 6 months.
121-1(3)
The amount must not be less than the higher education provider's *minimum OS-HELP amount, if the provider has a minimum OS-HELP amount.