Social Security and Other Legislation Amendment (Income Support for Students) Act 2010 (17 of 2010)

Schedule 2   Scholarship payments for students

Part 1   Main amendments

Social Security Act 1991

4   After Part 2.11A of Chapter 2

Insert:

Division 1 - Student start-up scholarship payment

592F Qualification for student start-up scholarship payment

Receiving youth allowance

(1) A person is qualified for a student start-up scholarship payment at a time (the qualification time ) if:

(a) at the qualification time, the person is qualified for youth allowance and youth allowance is payable to the person; and

(b) at the qualification time, 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

(c) the person is receiving youth allowance because the person is undertaking full-time study in an approved scholarship course; and

(d) the Secretary is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and

(e) 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 the qualification time.

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

Receiving austudy payment

(2) A person is qualified for a student start-up scholarship payment at a time (the qualification time ) if:

(a) at the qualification time, the person is qualified for austudy payment and austudy payment is payable to the person; and

(b) at the qualification time, 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

(c) the person is receiving austudy payment because the person is undertaking an approved scholarship course; and

(d) the Secretary is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and

(e) 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 the qualification time.

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

592G Circumstances in which person is not qualified for student start-up scholarship payment

Previous qualification for, or receipt of, same or similar payment

(1) Despite section 592F, a person is not qualified for a student start-up scholarship payment if 1 or more of the circumstances listed in subsection (2) apply to the person in the period of 6 months (or shorter period determined under subsection (3)) ending immediately before the person's qualification time.

(2) The circumstances are:

(a) the person has qualified for a student start-up scholarship payment; or

(b) the person has qualified for a payment under the ABSTUDY Scheme known as an ABSTUDY student start-up scholarship payment; or

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

(d) the person has qualified for 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

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

(f) the person 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.

Secretary may determine period of less than 6 months

(3) For the purposes of subsection (1), the Secretary may determine a period in relation to a person that is at least 2 months but less than 6 months if the Secretary considers that the determination would enable the person to qualify for a student start-up scholarship payment on or near the day on which the approved scholarship course concerned started or starts.

(4) However, the Secretary must not make a determination under subsection (3) if the effect of the determination would be to enable the person to receive more than 2 student start-up scholarship payments in a calendar year.

592H Amount of student start-up scholarship payment

Payment for which person is qualified in 2010

(1) The amount of a student start-up scholarship payment for which a person is qualified in 2010 is $650.

Payment for which person is qualified in 2011 or later

(2) The amount of a student start-up scholarship payment for which a person is qualified on or after 1 January 2011 is $1,064.

Note: The amount of a student start-up scholarship payment for which a person is qualified on or after 1 January 2011 is indexed annually in line with CPI increases (see sections 1190 to 1194).

Division 2 - Relocation scholarship payment

592J Qualification for relocation scholarship payment

A person is qualified for a relocation scholarship payment at a time (the qualification time ) if:

(a) at the qualification time, the person is qualified for youth allowance and youth allowance is payable to the person; and

(b) at the qualification time, 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

(c) the person:

(i) is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); or

(ii) is not independent (see section 1067A) but is required to live away from home (see section 1067D); and

(d) the person is receiving youth allowance because the person is undertaking full-time study in an approved scholarship course; and

(e) the Secretary is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and

(f) the Secretary is satisfied that the person is not likely to receive the amount or value of a Commonwealth Accommodation Scholarship in the period of 12 months starting immediately after the qualification time.

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

592K Circumstances in which person is not qualified for relocation scholarship payment

Previous qualification for, or receipt of, same or similar payment

(1) Despite section 592J, a person is not qualified for a relocation scholarship payment if 1 or more of the circumstances listed in subsection (2) apply to the person in the period of 12 months (or shorter period determined under subsection (3)) ending immediately before the person's qualification time.

(2) The circumstances are:

(a) the person has qualified for a relocation scholarship payment; or

(b) the person has qualified for a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship payment; or

(c) the person has qualified for a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans' Entitlements Act; or

(d) the person has qualified for a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or

(e) the person has received the amount or value of a Commonwealth Accommodation Scholarship; or

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

(3) For the purposes of subsection (1), the Secretary may determine a period in relation to a person that is at least 3 months but less than 12 months if the Secretary considers that the determination would enable the person to qualify for a relocation scholarship payment on or near 1 January in a year.

(4) However, the Secretary must not make a determination under subsection (3) if the effect of the determination would be to enable the person to receive more than 2 relocation scholarship payments in a period of 2 successive calendar years.

Independent but did not receive same or similar payment

(5) Despite section 592J, a person is not qualified for a relocation scholarship payment if:

(a) at the person's qualification time, the person has attained the age at which the person is independent (see subsection 1067A(4)); and

(b) before the qualification time, the person has not received any of the following:

(i) a relocation scholarship payment;

(ii) a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship;

(iii) a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans' Entitlements Act;

(iv) a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act;

(v) the amount or value of a Commonwealth Accommodation Scholarship.

592L Amount of relocation scholarship payment

Initial payment

(1) The amount of a relocation scholarship payment to a person is $4,000, unless subsection (2) or (3) applies to the person.

Note: The amount of a relocation scholarship payment is indexed annually in line with CPI increases (see sections 1190 to 1194).

Previously undertaken approved scholarship course and independent or required to live away from home

(2) The amount of a relocation scholarship payment to a person is $1,000 if:

(a) in the calendar year before the calendar year in which the person's qualification time falls, the person undertook a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and

(b) either of the following applied to the person at a time that was more than 6 months before the person's qualification time:

(i) the person was independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11);

(ii) the person was not independent (see section 1067A) but was required to live away from home (see section 1067D).

Note: The amount of a relocation scholarship payment is indexed annually in line with CPI increases (see sections 1190 to 1194).

Subsequent payment

(3) The amount of a relocation scholarship payment to a person is $1,000 if the person has received any of the following before the period described in subsection 592K(1):

(a) a relocation scholarship payment;

(b) a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship payment;

(c) a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans' Entitlements Act;

(d) a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act;

(e) the amount or value of a Commonwealth Accommodation Scholarship.

Note: The amount of a relocation scholarship payment is indexed annually in line with CPI increases (see sections 1190 to 1194).

Division 3 - Approved scholarship course

592M Definition

In this Part:

approved scholarship course means:

(a) a course of study or instruction approved by the Minister under a determination made for the purposes of section 592N; or

(b) if no determination is in force - a course determined to be a tertiary course under section 5D of the Student Assistance Act 1973 for the purposes of that Act.

592N Approved scholarship course

(1) The Minister may, by legislative instrument, determine that a course of study or instruction is an approved scholarship course for the purposes of this Part.

(2) Despite subsection 14(2) of the Legislative Instruments Act 2003, a determination made for the purposes of subsection (1) may make provision for, or in relation to, a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time.