SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (SCHOLARSHIP PAYMENTS) BILL 2010

i Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010 No.

, 2010

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Scholarship payments for students

Part 1--Main amendments

Social Security Act 1991

Part 2--Related amendments

Higher Education Support Act 2003

Military Rehabilitation and Compensation Act 2004

Social Security Act 1991

Social Security (Administration) Act 1999

Veterans' Entitlements Act 1986

Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010 No. ,

2010 1

A Bill for an Act to amend the law relating to social

security, veterans' affairs and higher education in

relation to scholarship payments, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Social Security and Other Legislation

Amendment (Scholarship Payments) Act 2010.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

2 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

No. , 2010

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere

covered by this

table

The day this Act receives the Royal Assent.

2. Schedule 1,

Part 1

1 January 2010.

1 January 2010

3. Schedule 1,

items 5 to 16

1 January 2010.

1 January 2010

4. Schedule 1,

item 17

Immediately after the commencement of

Schedule 1, Part 1 of the Social Security and

Other Legislation Amendment (Income

Support for Students) Act 2010.

1 January 2010

5. Schedule 1,

items 18 to 34

1 January 2010

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Scholarship payments for students Schedule 1

Main amendments Part 1

Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010 No. ,

2010 3

Schedule 1--Scholarship payments for

students

Part 1--Main amendments

Social Security Act 1991

1 Paragraph 8(8)(zja)

Omit "provided for under the Commonwealth Scholarships Guidelines

made for the purposes of Part 2-4 of the Higher Education Support Act

2003;".

2 Subsection 23(1)

Insert:

Commonwealth Accommodation Scholarship means a scholarship

of that name provided for under the Commonwealth Scholarships

Guidelines made for the purposes of Part 2-4 of the Higher

Education Support Act 2003.

3 Subsection 23(1)

Insert:

Commonwealth Education Costs Scholarship means a scholarship

of that name provided for under the Commonwealth Scholarships

Guidelines made for the purposes of Part 2-4 of the Higher

Education Support Act 2003.

4 After Part 2.11A of Chapter 2

Insert:

Schedule 1 Scholarship payments for students

Part 1 Main amendments

4 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

No. , 2010

Part 2.11B--Scholarship payments for students

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

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

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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

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.

General qualification

(3) A person is qualified for a student start-up scholarship payment at

a time (the qualification time) if:

(a) the person is undertaking full-time study in an approved

scholarship course; and

(b) 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

(d) the person's combined parental income (as defined in point

1067G-F10 of the Youth Allowance Rate Calculator in

section 1067G) for the tax year is less than $150,000; 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.

Schedule 1 Scholarship payments for students

Part 1 Main amendments

6 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

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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

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.

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(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

The amount of a student start-up scholarship payment is $1,000.

Note 1:

As payments will usually be made every 6 months, the scholarship

will generally be an annual amount of $2,000, paid in two instalments.

Note 2:

The amount of a student start-up scholarship payment is indexed

annually in line with CPI increases (see sections 1190 to 1194).

Division 2--Relocation scholarship payment

592J Qualification for relocation scholarship payment

Receiving youth allowance

(1) 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

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Part 1 Main amendments

8 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

No. , 2010

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.

General qualification

(2) A person is qualified for a relocation scholarship payment at a time

(the qualification time) if:

(a) the person is undertaking full-time study in an approved

scholarship course; and

(b) 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

required to live away from home (see section 1067D); and

(d) the person's combined parental income (as defined in point

1067G-F10 of the Youth Allowance Rate Calculator in

section 1067G) for the tax year is less than $150,000; and

(e) 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.

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(2) The circumstances are:

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

(b) the person has qualified for a payment under the ABSTUDY

Scheme known as an ABSTUDY relocation scholarship

payment; or

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:

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Part 1 Main amendments

10 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

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(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).

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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;

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.

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12 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

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(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.

Scholarship payments for students Schedule 1

Related amendments Part 2

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Part 2--Related amendments

Higher Education Support Act 2003

5 At the end of subsection 46-20(2)

Add:

; (m) information that providers are to give the Minister or the

Chief Executive Officer, or an

employee, of

Centrelink;

(n) information that providers are to give to:

(i) the Repatriation Commission; or

(ii) the Military Rehabilitation and Compensation

Commission; or

(iii) the Secretary, or an employee, of the Department

administered by the Minister who administers the

Veterans' Entitlements Act 1986; or

(iv) the Secretary, or an employee, of the Department

administered by the Minister who administers the

Military Rehabilitation and Compensation Act 2004.

6 Subclause 1(1) of Schedule 1

Insert:

Centrelink means the Commonwealth Services Delivery Agency

established by the Commonwealth Services Delivery Agency Act

1997.

7 Subclause 1(1) of Schedule 1

Insert:

employee of Centrelink means an employee within the meaning of

the Commonwealth Services Delivery Agency Act 1997.

8 Subclause 1(1) of Schedule 1

Military Rehabilitation and Compensation Commission means

the Military Rehabilitation and Compensation Commission

established by section 361 of the Military Rehabilitation and

Compensation Act 2004.

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9 Subclause 1(1) of Schedule 1

Insert:

Repatriation Commission means the body corporate continued in

existence by section 179 of the Veterans' Entitlements Act 1986.

Military Rehabilitation and Compensation Act 2004

10 After paragraph 258(3)(a)

Insert:

(aa) the payment of scholarships for eligible young persons who

are being provided with education or training under the

scheme;

Social Security Act 1991

11 Subsection 5(1) (definition of independent)

After "2.11,", insert "2.11B".

12 After subparagraph 8(8)(y)(vii)

Insert:

(viiaa) a payment known as a student start-up scholarship

payment, or a relocation scholarship payment, under the

scheme referred to in section 117 of the Veterans'

Entitlements Act; or

(viiab) a payment known as a student start-up scholarship

payment, or a relocation scholarship payment, under the

scheme referred to in section 258 of the Military

Rehabilitation and Compensation Act; or

13 After paragraph 8(8)(zjc)

Insert:

(zjd) a payment of a scholarship to a person during a calendar year

(other than an excluded payment):

(i) for the person to study, or to undertake research, at an

educational institution; or

(ii) for the person's achievement in studying, or in

undertaking research, at an educational institution;

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Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010 No. ,

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to the extent that the payment does not exceed the person's

threshold amount for that year;

Note: For

excluded payment see subsection (8AA). For educational

institution see subsection 23(1). For threshold amount see

subsection (8AB).

14 After subsection 8(8)

Insert:

(8AA) For the purposes of paragraph (8)(zjd), each of the following is an

excluded payment:

(a) a payment of a scholarship referred to in paragraph (8)(zia),

(zj) or (zja);

(b) a scholarship payment under Part 2.11B;

(d) a payment known as a student start-up scholarship payment,

or a relocation scholarship payment, under the scheme

referred to in section 117 of the Veterans' Entitlements Act;

(e) a payment known as a student start-up scholarship payment,

or a relocation scholarship payment, under the scheme

referred to in section 258 of the Military Rehabilitation and

Compensation Act.

(8AB) For the purposes of paragraph (8)(zjd), a person's threshold

amount, for a calendar year, means $6,762 less the amount of any

payment made to that person during that year that is not income for

the purposes of this Act because of that paragraph.

Note:

The dollar amount mentioned in this subsection is indexed annually in

line with CPI increases (see sections 1190 to 1194).

Example: On 1 March 2010 a person is paid a scholarship of $3,000 to study at

an educational institution. The threshold amount is $6,762 (as no other

payment has been excluded under paragraph (8)(zjd) for 2010). The

$3,000 is not income under that paragraph and the threshold amount is

reduced to $3,762.

On 1 May 2010 the person is paid a scholarship of $5,000 to study at

an educational institution. Of the $5,000, $3,762 is not income under

that paragraph. The threshold amount is reduced to zero.

There can be no further payments excluded under that paragraph for

that person for 2010.

15 Subsection 1067(1) (note to the definition of independent)

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Part 2 Related amendments

16 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

No. , 2010

After "2.11,", insert "2.11B,".

16 Subsection 1067A(1)

After "2.11,", insert "2.11B,".

17 Subsection 1067A(4)

Omit "Part 2.11", substitute "Parts 2.11 and 2.11B".

18 Subsections 1067B(1) and 1067D(1)

After "for the purposes of", insert "Part 2.11B and".

19 Section 1190 (at the end of the table)

Add:

Amounts related

to scholarships

67. threshold

amount

scholarship

threshold amount

subsection 8(8AB)

68. student

start-up

scholarship

payment amount

student start-up

scholarship

payment amount

subsection 592H

69. relocation

scholarship

payment amount

relocation

scholarship

payment amount

subsections 592L(1), (2) and

(3)

20 Subsection 1191(1) (at the end of the table)

Add:

Amounts

related to

scholarships

39. scholarship

threshold

amount

1 January

June

highest June

quarter before

reference quarter

(but not earlier

than June quarter

2009)

$1.00

40. student

start-up

scholarship

payment

1 January

June

highest June

quarter before

reference quarter

(but not earlier

$1.00

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amount

than June quarter

2009)

41. relocation

scholarship

payment

amount

1 January

June

highest June

quarter before

reference quarter

(but not earlier

than June quarter

2009)

$1.00

21 At the end of section 1192

Add:

(8) The first indexation of the amounts to which items 39, 40 and 41 of

the CPI Indexation Table in subsection 1191(1) relate is to take

place on 1 January 2011.

22 Subsection 1222(2) (after table item 4C)

Insert:

4D 1223ABE

(debts in respect of

scholarship payments)

deductions

legal proceedings

garnishee notice

repayment by instalments

1231, 1234A

1232

1233

1234

23 After section 1223ABD

Insert:

1223ABE Debts in respect of scholarship payments

Person does not start to undertake course

(1) If a person:

(a) has received a student start-up scholarship payment or a

relocation scholarship payment because the person is

proposing to undertake an approved scholarship course; and

(b) the person does not start to undertake the course;

then:

Commonwealth; and

(d) the debt is taken to have arisen when the person receives the

payment.

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18 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

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However, this subsection does not apply if, in the Secretary's

opinion, the person does not start to undertake the course because

of exceptional circumstances beyond the person's control.

Note: For

approved scholarship course, see section 592M.

Person not continuing to undertake course

(2) If a person:

(a) has received a student start-up scholarship payment or a

relocation scholarship payment because the person is

proposing to undertake an approved scholarship course; and

(b) the person starts to undertake the course; and

after the course commences;

then:

(d) the amount of the payment is a debt due to the

Commonwealth; and

(e) the debt is taken to have arisen when the person receives the

payment.

Note: For

approved scholarship course, see section 592M.

(3) If a person:

(a) has received a student start-up scholarship payment or a

relocation scholarship payment because the person is

undertaking an approved scholarship course; and

(b) is not undertaking the course at the end of 35 days after

qualifying for the payment;

then:

Commonwealth; and

(d) the debt is taken to have arisen when the person receives the

payment.

Note: For

approved scholarship course, see section 592M.

(4) Subsections (2) and (3) do not apply if, in the Secretary's opinion,

the person is not undertaking the course as mentioned in those

subsections because of exceptional circumstances beyond the

person's control.

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Social Security (Administration) Act 1999

24 After section 12G

Insert:

12H Student start-up scholarship payment and relocation

scholarship payment

A claim is not required for a student start-up scholarship payment

or a relocation scholarship payment.

25 Subsection 47(1) (after paragraph (b) of the definition of

lump sum benefit)

Insert:

(ba) student start-up scholarship payment; or

(bb) relocation scholarship payment; or

26 Subsection 47(4)

After "and (4)", insert ", section 47DA".

27 After section 47C

Insert:

47DA Student start-up scholarship payments and relocation

scholarship payments

If:

(a) a person is qualified for a student start-up scholarship

payment, or a relocation scholarship payment, on a particular

day because the person is receiving youth allowance; and

(b) the whole or a part of the person's instalment of youth

allowance in respect of a period that included that day is paid

to a parent of the person under section 45 of this Act;

the Secretary may pay the whole, or the same proportion, of the

person's scholarship payment to that parent or to any other person.

28 After Subdivision DB of Division 5 of Part 3B

Insert:

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Part 2 Related amendments

20 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

No. , 2010

Subdivision DC--Student start-up scholarship payments and

relocation scholarship payments

123XPF Deductions from student start-up scholarship payments

Scope

(1) This section applies if:

(a) a person is subject to the income management regime; and

(b) a student start-up scholarship payment is payable to the

person.

Deductions from payment

(2) The following provisions have effect:

(a) the Secretary must deduct from the student start-up

scholarship payment the deductible portion of the payment;

(b) an amount equal to the deductible portion of the payment is

credited to the Special Account;

credited to the person's income management account.

(3) For the purposes of subsection (2), the deductible portion of a

student start-up scholarship payment is 100% of the amount of the

payment.

123XPG Deductions from relocation scholarship payments

Scope

(1) This section applies if:

(a) a person is subject to the income management regime; and

(b) a relocation scholarship payment is payable to the person.

Deductions from payment

(2) The following provisions have effect:

(a) the Secretary must deduct from the relocation scholarship

payment the deductible portion of the payment;

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(b) an amount equal to the deductible portion of the payment is

credited to the Special Account;

credited to the person's income management account.

(3) For the purposes of subsection (2), the deductible portion of a

relocation scholarship payment is 100% of the amount of the

payment.

29 At the end of paragraph 195(2)(i)

Add:

(xviii) the amount or value of a Commonwealth Education

Costs Scholarship, or of a Commonwealth

Accommodation Scholarship, received by the person;

30 Subsection 202(1)

Repeal the subsection, substitute:

(1) A person may obtain protected information if the information is

obtained for the purposes of:

(a) the social security law; or

(b)

the

Farm Household Support Act 1992; or

(c)

the

Dental Benefits Act 2008; or

(d) the Family Homelessness Prevention and Early Intervention

Pilot; or

(e) administering Commonwealth scholarships payable under

Part 2-4 of the Higher Education Support Act 2003.

31 After paragraph 202(2)(da)

Insert:

(db) for the purposes of the administration of Commonwealth

scholarships payable under Part 2-4 of the Higher Education

Support Act 2003; or

Veterans' Entitlements Act 1986

32 After paragraph 5H(8)(f)

Insert:

Schedule 1 Scholarship payments for students

Part 2 Related amendments

22 Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010

No. , 2010

(fa) a payment known as a student start-up scholarship payment,

or a relocation scholarship payment, under the Veterans'

Children Education Scheme;

33 After paragraph 5H(8)(hd)

Insert:

(he) a payment of a scholarship, to the extent that the payment is

not income for the purposes of the Social Security Act 1991

because of paragraph 8(8)(zjd) of that Act;

34 Application

The amendments made by items 13 and 33 apply in relation to

payments made on or after the commencement of those items.

Commonwealth of Australia Bills

SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (SCHOLARSHIP PAYMENTS) BILL 2010