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Labor 2013-14 Budget Savings (Measures No. 2) Act 2015 (169 of 2015)

Schedule 1 Student start-up loans

Part 1 Amendments

Social Security Act 1991

24 After Chapter 2A

Insert:

Chapter 2AA - Student start-up loans

Part 2AA.1 - Introduction

1061ZVAA Simplified outline of this Chapter

Student start-up loans are social security payments that are income-contingent loans.

Broadly, full-time students who are receiving youth allowance or austudy might be qualified for a student start-up loan. A person can qualify for up to 2 loans each calendar year. To receive a loan, a person must make a claim before the end of the relevant period for each loan.

When the person's income reaches the minimum repayment income under the Higher Education Support Act 2003, and the person has finished repaying any debt under that Act, the person must start repaying student start-up loan debt.

Part 2AA.2 - Qualification for and amount of student start-up loan

1061ZVBA Simplified outline of this Part

Broadly, full-time students who are receiving youth allowance or austudy might be qualified for a student start-up loan. A person can qualify for up to 2 loans each calendar year.

1061ZVBB Qualification for student start-up loan

Receiving youth allowance

(1) A person is qualified for a student start-up loan for a qualification period if:

(a) on the person's qualification test day for the period:

(i) the person is qualified for youth allowance and youth allowance is payable to the person; and

(ii) the person is receiving youth allowance and would be receiving youth allowance if steps 2 and 3 of the method statement in point 1067G-A1 of the Youth Allowance Rate Calculator were disregarded for the purposes of working out the person's rate of that allowance; and

(iii) the person is qualified for youth allowance under section 540 in circumstances where paragraph 541(1)(a) (about full-time study) applies and the relevant course of education is an approved scholarship course; and

(b) the Secretary is satisfied that the person is not likely to receive the amount or value of a Commonwealth Education Costs Scholarship in the period of 6 months starting immediately after that qualification test day; and

Note 1: For approved scholarship course , see section 592M.

Note 2: If the condition in subparagraph (a)(iii) is no longer met in a certain period starting on the qualification test day, the amount of the loan might become an immediately recoverable debt, rather than an income-contingent SSL debt: see subsection 1223ABF(1).

Receiving austudy payment

(2) A person is qualified for a student start-up loan for a qualification period if:

(a) on the person's qualification test day for the period:

(i) the person is qualified for austudy payment and austudy payment is payable to the person; and

(ii) the person is receiving austudy payment and would be receiving austudy payment if steps 2 and 2A of the method statement in point 1067L-A1 of the Austudy Payment Rate Calculator were disregarded for the purposes of working out the person's rate of that payment; and

(iii) the person is qualified for austudy payment under section 568 in circumstances where subsection 569(1) (about qualifying study) applies and the relevant course of education is an approved scholarship course; and

Note 1: For approved scholarship course , see section 592M.

Note 2: The person might incur a debt if the condition in subparagraph (a)(iii) is no longer met in a certain period starting on the qualification test day: see subsection 1223ABF(1).

Qualification test day

(3) A person's qualification test day for a qualification period is the earliest of the following:

(a) the day the Secretary determines the person's claim for a student start-up loan for the qualification period;

(b) if the approved scholarship course ends in the qualification period - the last day of the approved scholarship course;

1061ZVBC Circumstances in which person is not qualified for student start-up loan

(1) Despite section 1061ZVBB, a person is not qualified for a student start-up loan for a qualification period if:

(a) immediately before the person's qualification test day for the period:

(i) a determination is in effect that the person is qualified for a student start-up loan for the qualification period; or

(ii) a determination is in effect that the person is qualified for an ABSTUDY student start-up loan under the Student Assistance Act 1973 for the qualification period; or

(iii) the person is a scholarship-entitled person (see subsection (2)); or

(b) in the period of 6 months ending immediately before that qualification test day, the person:

(i) has received a payment known as a student start-up scholarship payment under the scheme referred to in section 117 of the Veterans' Entitlements Act; or

(ii) has received a payment known as a student start-up scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or

(iii) has received the amount or value of a Commonwealth Education Costs Scholarship; or

(iv) was entitled to the amount or value of a Commonwealth Education Costs Scholarship but has not received the full entitlement only because the scholarship was suspended.

(2) A person is a scholarship-entitled person if:

(a) any of the following (a scholarship ) was received by the person in respect of a time before the commencement of this section:

(i) a student start-up scholarship payment under section 592F;

(ii) a payment under the ABSTUDY Scheme known as an ABSTUDY student start-up scholarship payment;

(iii) the amount or value of a Commonwealth Education Costs Scholarship; and

(b) for a continuous period since the time in respect of which the person received the scholarship, the person has been receiving at least one of the following:

(i) youth allowance in respect of the person undertaking full-time study;

(ii) austudy payment;

(iii) payments under the ABSTUDY Scheme known as Living Allowance.

1061ZVBD Amount of student start-up loan

The amount of a student start-up loan for which a person is qualified is $1,025.

Note: The amount of the loan is to be indexed on each 1 January in line with CPI increases (see sections 1190 to 1194).

Part 2AA.3 - Indebtedness

Division 1 - Introduction

1061ZVCA Simplified outline of this Part

A person incurs an SSL debt if the person receives a student start-up loan (except in certain circumstances when the loan is required to be recovered as a social security debt under this Act).

Each SSL debt is incorporated into the person's accumulated SSL debt. This accumulated SSL debt forms the basis for working out the amounts the person is obliged to repay.

Division 2 - Incurring SSL debts

1061ZVDA SSL debts

(1) A person incurs an SSL debt to the Commonwealth if the person is paid a student start-up loan for a qualification period.

(2) The SSL debt is incurred by the person on the later of:

(a) the day the person was paid the loan; and

(b) the day after the person's enrolment test day for the qualification period.

Note: For enrolment test day , see subsection (5).

(3) The amount of the person's SSL debt is the amount of the loan, reduced by any amount repaid before the day on which the debt is incurred.

(4) Despite subsection (1), an SSL debt is not incurred, and is taken never to have been incurred, in relation to a loan if:

(a) the loan has been fully repaid before the day on which the SSL debt in respect of the loan would be incurred; or

(b) the amount of the loan is a debt under section 1223 or 1223ABF; or

(c) the Secretary has formed an opinion under subsection 1223ABF(3) in relation to the loan (relating to exceptional circumstances beyond the person's control).

(5) A person's enrolment test day , for a qualification period, is the earliest of the following days:

(a) if the relevant approved scholarship course ends in the qualification period - the last day of that approved scholarship course;

(b) the last day of the qualification period;

(i) if the person's qualification test day for the qualification period was before the first day of the relevant approved scholarship course - the first day of that approved scholarship course;

(ii) otherwise - the qualification test day.

Note: For approved scholarship course , see section 592M.

1061ZVDB SSL debt discharged by death

Upon the death of a person who owes an SSL debt to the Commonwealth, the debt is taken to have been paid.

Note: SSL debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

1061ZVDC Notice to Commissioner

(1) If a person incurs an SSL debt, the Secretary must give the Commissioner a notice specifying the amount of the debt incurred by the person.

(2) The Secretary may include in the notice any other details the Commissioner requests for the purpose of ensuring the Commissioner has the information needed to exercise powers or perform functions of the Commissioner under this Act.

Division 3 - Working out accumulated SSL debts

1061ZVEA Simplified outline of this Division

There are 2 stages to working out a person's accumulated SSL debt for a financial year.

In stage 1, the person's former accumulated SSL debt is worked out by adjusting the preceding financial year's accumulated SSL debt to take account of:

(a) the HELP debt indexation factor for 1 June in that financial year; and

(b) the debts that the person incurs during the last 6 months of the preceding financial year; and

(d) compulsory SSL repayment amounts in respect of the debt.

In stage 2, the person's accumulated SSL debt is worked out from:

(a) the person's former accumulated SSL debt; and

(b) the SSL debts that the person incurs during the first 6 months of the financial year; and

1061ZVEB Stage 1 - working out a former accumulated SSL debt

(1) A person's former accumulated SSL debt , in relation to the person's accumulated SSL debt for a financial year, is worked out by multiplying:

(a) the amount worked out using the following method statement; by

(b) the HELP debt indexation factor for 1 June in that financial year.

Method statement

Step 1. Take the person's accumulated SSL debt for the immediately preceding financial year. (This amount is taken to be zero if the person has no accumulated SSL debt for that financial year.)

Step 2. Add the sum of all of the SSL debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year.

Step 3. Subtract the sum of the amounts by which the person's debts referred to in steps 1 and 2 are reduced because of any voluntary SSL repayments that have been made during the period:

(a) starting on 1 June in the immediately preceding financial year; and

(b) ending immediately before the next 1 June.

Step 4. Subtract the sum of all of the person's compulsory SSL repayment amounts that:

(a) were assessed during that period (excluding any assessed as a result of a return given before that period); or

(b) were assessed after the end of that period as a result of a return given before the end of that period.

Step 5. Subtract the sum of the amounts by which any compulsory SSL repayment amount of the person is increased (whether as a result of an increase in the person's taxable income of an income year or otherwise) by an amendment of an assessment made during that period.

Step 6. Add the sum of the amounts by which any compulsory SSL repayment amount of the person is reduced (whether as a result of a reduction in the person's taxable income of an income year or otherwise) by an amendment of an assessment made during that period.

(2) For the purposes of this section, an assessment, or an amendment of an assessment, is taken to have been made on the day specified in the notice of assessment, or notice of amended assessment, as the date of issue of that notice.

1061ZVEC Stage 2 - working out an accumulated SSL debt

(1) A person's accumulated SSL debt , for a financial year, is worked out as follows:

where:

former accumulated SSL debt is the person's former accumulated SSL debt in relation to that accumulated SSL debt.

SSL debt repayments is the sum of all of the voluntary SSL repayments (if any) paid, on or after 1 July in the financial year and before 1 June in that year, in reduction of the SSL debts incurred in that year.

SSL debts incurred is the sum of the amounts of all of the SSL debts (if any) that the person incurred during the first 6 months of the financial year.

(2) The person incurs the accumulated SSL debt on 1 June in the financial year.

1061ZVED Rounding of amounts

(1) If, apart from this section, a person's accumulated SSL debt would be an amount consisting of a number of whole dollars and a number of cents, disregard the number of cents.

(2) If, apart from this section, a person's accumulated SSL debt would be an amount of less than $1.00, the person's accumulated SSL debt is taken to be zero.

1061ZVEE Accumulated SSL debt discharges earlier debts

(1) The accumulated SSL debt that a person incurs on 1 June in a financial year discharges, or discharges the unpaid part of:

(a) any SSL debt that the person incurred during the calendar year immediately preceding that day; and

(b) any accumulated SSL debt that the person incurred on the immediately preceding 1 June.

(2) Nothing in subsection (1) affects the application of Division 2 of this Part or sections 1061ZVEB and 1061ZVEC.

1061ZVEF Accumulated SSL debt discharged by death

(1) Upon the death of a person who has an accumulated SSL debt, the accumulated SSL debt is taken to be discharged.

(2) To avoid doubt, this section does not affect any compulsory SSL repayment amounts required to be paid in respect of the accumulated SSL debt, whether or not those amounts were assessed before the person's death.

Note: Accumulated SSL debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

Part 2AA.4 - Discharge of indebtedness

Division 1 - Introduction

1061ZVFA Simplified outline of this Part

A person who owes a debt to the Commonwealth under this Chapter may make voluntary SSL repayments.

The person is required to make repayments, of amounts based on his or her income, if that income is above a particular amount and if the person has repaid the person's accumulated HELP debts arising under the Higher Education Support Act 2003. The Commissioner makes assessments of repayment amounts, which are collected in the same way as amounts of income tax and accumulated HELP debts.

1061ZVFB Debts under this Chapter

(1) The debts under this Chapter are:

(a) SSL debts; and

(b) accumulated SSL debts.

(2) To avoid doubt, debts that arise under the following sections are not debts under this Chapter:

(a) section 1223 (Debts arising from lack of qualification, overpayment etc.);

(b) section 1223ABF (Debts in respect of student start-up loans).

Division 2 - Voluntary discharge of indebtedness

1061ZVGA Voluntary SSL repayments in respect of debts

(1) A person may at any time make a payment in respect of a debt that the person owes to the Commonwealth under this Chapter.

(2) The payment must be made to the Commissioner.

1061ZVGB Application of voluntary SSL repayments

(1) Any money a person pays under this Division to meet the person's debts to the Commonwealth under this Chapter is to be applied in payment of those debts as the person directs at the time of the payment.

(2) If the person has not given any directions, or the directions given do not adequately deal with the matter, any money available is to be applied as follows:

(a) first, in discharge or reduction of any accumulated SSL debt of the person;

(b) second, in discharge or reduction of:

(i) any SSL debt of the person; or

(ii) if there is more than one such debt, those debts in the order in which they were incurred.

1061ZVGC Refunding of payments

If:

(a) a person pays an amount to the Commonwealth under this Division; and

(b) the amount exceeds the sum of:

(i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

(ii) the total amount of the person's primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

Division 3 - Compulsory discharge of indebtedness

Subdivision A - Liability to repay amounts

1061ZVHA Liability to repay amounts

(1) If:

(a) a person's HELP repayment income for an income year exceeds the minimum HELP repayment income for the income year; and

(b) on 1 June immediately preceding the making of an assessment in respect of the person's income of that income year, the person had an accumulated SSL debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, so much of the person's repayable SSL debt for the income year as does not exceed the amount worked out by the formula:

where:

applicable percentage of HELP repayment income means the amount that is the percentage of the person's HELP repayment income applicable under the table in section 154-20 of the Higher Education Support Act 2003.

HELP liability means any amount the person is liable to pay under section 154-1 of the Higher Education Support Act 2003 for the income year in respect of an accumulated HELP debt.

(2) A person is not liable under this section to pay an amount for an income year if the amount worked out under subsection (1) is zero or less.

(3) A person is not liable under this section to pay an amount for an income year if, under section 8 of the Medicare Levy Act 1986:

(a) no Medicare levy is payable by the person on the person's taxable income for the income year; or

(b) the amount of the Medicare levy payable by the person on the person's taxable income for the income year is reduced.

1061ZVHB Repayable SSL debt for an income year

(1) A person's repayable SSL debt for an income year is:

(a) the person's accumulated SSL debt referred to in paragraph 1061ZVHA(1)(b) in relation to that income year; or

(b) if one or more amounts:

(i) have been paid in reduction of that debt; or

(ii) have been assessed under section 1061ZVHC to be payable in respect of that debt;

the amount (if any) remaining after deducting from that debt any amounts referred to in subparagraph (i) or (ii).

(2) A reference in paragraph (1)(b) of this section to an amount assessed to be payable is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased amount or the reduced amount.

Subdivision B - Assessments

1061ZVHC Commissioner may make assessments

The Commissioner may, from any information in the Commissioner's possession, whether from a return or otherwise, make an assessment of:

(a) the person's accumulated SSL debt on 1 June immediately before the making of the assessment; and

(b) the amount required to be paid in respect of the person's repayable SSL debt under section 1061ZVHA.

1061ZVHD Notification of notices of assessment of tax

If:

(a) the Commissioner is required to serve on a person a notice of assessment in respect of the person's income of an income year under section 174 of the Income Tax Assessment Act 1936; and

(b) the Commissioner has made, in respect of the person, an assessment under paragraph 1061ZVHC(b) of this Act of the amounts referred to in that paragraph; and

notice of the assessment under that paragraph may be served by specifying the amounts concerned in the notice referred to in paragraph (a).

1061ZVHE Commissioner may defer making assessments

(1) A person may apply in the approved form to the Commissioner for deferral of the making of an assessment in respect of the person under section 1061ZVHC.

(2) The application must specify:

(a) the income year for which the deferral is being sought; and

(b) the reasons for seeking the deferral.

(3) The income year specified in the application must be:

(a) the income year in which the person makes the application; or

(b) the immediately preceding income year; or

(4) The Commissioner may, on application by a person under this section, defer making an assessment in respect of the person under section 1061ZVHC if the Commissioner is of the opinion that:

(a) if the assessment were made, payment of the assessed amount would cause serious hardship to the person; or

(b) there are other special reasons that make it fair and reasonable to defer making the assessment.

(5) The Commissioner may defer making the assessment for any period that he or she thinks appropriate.

(6) The Commissioner must, as soon as practicable after an application is made under this section:

(a) consider the matter to which the application relates; and

(b) notify the applicant of the Commissioner's decision on the application.

Note: Deferrals of making assessments, or refusals of applications, are reviewable under Division 2A of Part 4 of the Administration Act.

1061ZVHF Commissioner may amend assessments

(1) A person may apply in the approved form to the Commissioner for an amendment of an assessment made in respect of the person under section 1061ZVHC so that:

(a) the amount payable under the assessment is reduced; or

(b) no amount is payable under the assessment.

(2) The application:

(a) must be made within 2 years after the day on which the Commissioner gives notice of the assessment to the person; or

(b) must specify the reasons justifying a later application.

(3) The Commissioner may, on application by a person under this section, amend an assessment made in respect of the person under section 1061ZVHC so that:

(a) the amount payable under the assessment is reduced; or

(b) no amount is payable under the assessment;

if the Commissioner is of the opinion that:

(d) there are other special reasons that make it fair and reasonable to make the amendment.

(4) The Commissioner must, as soon as practicable after an application is made under this section:

(a) consider the matter to which the application relates; and

(b) notify the applicant of the Commissioner's decision on the application.

Note: Amendments of assessments, or refusals of applications, are reviewable under Division 2A of Part 4 of the Administration Act.

Part 2AA.5 - Tax administration matters

1061ZVJA Simplified outline of this Part

The Secretary and the Commissioner may share information about tax file numbers for the purposes of administering student start-up loans. The Commissioner is also responsible for the recovery of debts under this Chapter and has functions and powers to fulfil that responsibility relating to returns, assessments, collection and other administrative matters.

1061ZVJB Verification of tax file numbers

(1) The Secretary may provide to the Commissioner a tax file number that a person has notified to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c), for the purpose of verifying that the number is the person's tax file number.

(2) If the Commissioner is satisfied that the number is the person's tax file number, the Commissioner may give the Secretary a written notice informing the Secretary accordingly.

1061ZVJC When person with tax file number incorrectly notifies number

(1) If the Commissioner is satisfied:

(a) that the tax file number that a person has notified to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c):

(i) has been cancelled or withdrawn since the notification was given; or

(ii) is otherwise wrong; and

(b) that the person has a tax file number;

the Commissioner may give to the Secretary written notice of the incorrect notification and of the person's tax file number.

(2) That number is taken to be the number that the person notified to the Secretary.

1061ZVJD When person without tax file number incorrectly notifies number

(1) If:

(a) the Commissioner is satisfied that the tax file number that a person notified to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c):

(i) has been cancelled since the notification was given; or

(ii) is for any other reason not the person's tax file number; and

(b) the Commissioner is not satisfied that the person has a tax file number;

the Commissioner may give to the Secretary a written notice informing the Secretary accordingly.

(2) The Commissioner must give a copy of any notice under subsection (1) to the person concerned, together with a written statement of the reasons for the decision to give the notice.

Note: Decisions to give notice under subsection (1) are reviewable under section 202F of the Income Tax Assessment Act 1936.

1061ZVJE When tax file numbers are altered

(1) If the Commissioner issues, to a person who has notified a tax file number to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c), a new tax file number in place of a tax file number that has been withdrawn, the Commissioner may give to the Secretary a written notice informing the Secretary accordingly.

(2) That new number is taken to be the number that the person notified to the Secretary.

1061ZVJF When tax file numbers are cancelled

(1) If the Commissioner cancels a tax file number issued to a person who has notified the tax file number to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c), the Commissioner may give to the Secretary a written notice informing the Secretary accordingly.

(2) The Commissioner must give a copy of any notice under subsection (1) to the person concerned, together with a written statement of the reasons for the decision to give the notice.

Note: Decisions to give notice under subsection (1) are reviewable under section 202F of the Income Tax Assessment Act 1936.

1061ZVJG Returns, assessments, collection and recovery

Subject to Part 2AA.4 and this Part:

(a) Part IV of the Income Tax Assessment Act 1936; and

(b) Division 5 of the Income Tax Assessment Act 1997; and

apply, so far as they are capable of application, in relation to a compulsory SSL repayment amount of a person as if it were income tax assessed to be payable by a taxpayer by an assessment made under Part IV of the Income Tax Assessment Act 1936.

1061ZVJH Charges and civil penalties for failing to meet obligations

(1) Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 has effect as if:

(a) any compulsory SSL repayment amount of a person were income tax payable by the person in respect of the income year in respect of which the assessment of that debt was made; and

(b) paragraphs 1061ZVBB(1)(c) and (2)(c), and Parts 2AA.3 and 2AA.4 and this Part, were income tax laws.

(2) Subsection (1) does not have the effect of making a person liable to a penalty for any act or omission that happened before the commencement of this subsection.

1061ZVJJ Pay as you go (PAYG) withholding

Part 2-5 (other than section 12-55 and Subdivisions 12-E, 12-F and 12-G) in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of amounts of a compulsory SSL repayment amount of a person as if the compulsory SSL repayment amount were income tax.

1061ZVJK Pay as you go (PAYG) instalments

Division 45 in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of a compulsory SSL repayment amount of a person as if the compulsory SSL repayment amount were income tax.

1061ZVJL Administration of this Chapter

The Commissioner has the general administration of:

(a) paragraphs 1061ZVBB(1)(c) and (2)(c); and

(b) Parts 2AA.3 and 2AA.4 and this Part; and

(c) Division 2A of Part 4 of the Administration Act (Internal review of certain Commissioner decisions relating to student start-up loans).

Note: One effect of this is that these provisions are taxation laws for the purposes of the Taxation Administration Act 1953.

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Labor 2013-14 Budget Savings (Measures No. 2) Act 2015 (169 of 2015)

Schedule 1 Student start-up loans

Part 1 Amendments

Social Security Act 1991

24 After Chapter 2A

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