Australian Apprenticeship Support Loans Act 2014
CHAPTER 2
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Loan PAYMENTS
PART 2.1
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QUALIFICATION AND PAYABILITY
SECTION 11
SPECIAL CASE QUALIFICATION AND PAYABILITY
11(1)
If: (a) an amount is paid to a person as an instalment of Australian apprenticeship support loan in relation to an instalment period of the person; and (b) apart from this section, some or all of the amount is not payable to the person in relation to the instalment period; and (c) the Secretary determines that this subsection is to apply to the person;
11(2)
The rules may prescribe circumstances in which the Secretary is to determine that subsection (1) is, or is not, to apply to a person.
11(3)
If: (a) an amount paid to a person is taken under subsection (1) to have been an instalment of Australian apprenticeship support loan in relation to an instalment period; and (b) an instalment of Australian apprenticeship support loan (a later instalment ) is payable (or would apart from this subsection be payable) to the person in relation to a later instalment period;
11(4)
The rules may prescribe circumstances in which the Secretary is to determine under subsection (3) that amounts of later instalments are to be reduced.
If: (a) an amount is paid to a person as an instalment of Australian apprenticeship support loan in relation to an instalment period of the person; and (b) apart from this section, some or all of the amount is not payable to the person in relation to the instalment period; and (c) the Secretary determines that this subsection is to apply to the person;
then:
(d) the amount that was paid to the person is taken to have been an instalment of Australian apprenticeship support loan; and (e) the person is taken to have been qualified for Australian apprenticeship support loan, and Australian apprenticeship support loan is taken to have been payable to the person, in relation to the instalment period.
View history note
Hide history note11(2)
The rules may prescribe circumstances in which the Secretary is to determine that subsection (1) is, or is not, to apply to a person.
11(3)
If: (a) an amount paid to a person is taken under subsection (1) to have been an instalment of Australian apprenticeship support loan in relation to an instalment period; and (b) an instalment of Australian apprenticeship support loan (a later instalment ) is payable (or would apart from this subsection be payable) to the person in relation to a later instalment period;
the Secretary may determine that the amount of the later instalment is to be reduced (including reduced to nil). However, the sum of all such reductions connected with the amount mentioned in paragraph (a) must not exceed that amount.
11(4)
The rules may prescribe circumstances in which the Secretary is to determine under subsection (3) that amounts of later instalments are to be reduced.
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