Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-4 - OS-HELP ASSISTANCE  

Division 118 - Who is entitled to OS-HELP assistance?  

SECTION 118-5   Citizenship or residency requirements  

118-5(1)    
The citizenship or residency requirements for *OS-HELP assistance are that the student in question is:

(a)    an Australian citizen; or

(b)    

a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; or

(c)    a student to whom subsection (2) applies.

118-5(2)    

This subsection applies to a student who:

(a)    is a New Zealand citizen; and

(b)    

either:

(i) holds a special category visa under the Migration Act 1958 ; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and

(c)    both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (3) (the test day ); and

(ii) was a *dependent child when he or she first began to be usually resident in Australia; and

(d)    has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

(e)    has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

118-5(3)    

For the purposes of subsection (2) , the day is the earlier of:

(a)    if the student has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the *course of study the student is enrolled in with the home provider - the day the student first made such a request; or

(b)    otherwise - the day the student made the request for Commonwealth assistance in relation to the period.