Commonwealth Numbered Acts Commonwealth Numbered Acts1 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:
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
(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
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.
4A Transitional rule for student scholarship start‑up payment
(1) Subsection 592G(1) of the Social Security Act 1991 does not prevent a person from being qualified exactly twice in 2010 for a student start‑up scholarship payment if:
(a) the person undertakes full‑time study in an approved scholarship course on 1 April 2010; and
(b) the person becomes qualified for youth allowance on or after 1 July 2010 but before 29 July 2010; and
(c) when the person becomes qualified for youth allowance, the person is not independent (see section 1067A of that Act).
(2) To avoid doubt, subitem (1) does not allow a person to qualify more than twice in 2010 for a student start‑up scholarship payment.
4B Transitional rule for relocation scholarship payment
(1) This item applies if:
(a) a person qualifies for a relocation scholarship payment on or after 1 July 2010 but before 29 July 2010 because the person is not independent (see section 1067A of the Social Security Act 1991 ) but is required to live away from home (see section 1067D of that Act); and
(b) the person undertakes full‑time study in an approved scholarship course on 1 April 2010; and
(c) the earliest time at which the person was required to live away from home (see section 1067D of that Act) in connection with the course was not more than 6 months before the person started full‑time study in the course in 2010.
(2) Subsection 592L(2) of the Social Security Act 1991 does not apply to affect the amount of the first relocation scholarship payment to the person.
Note: The amount of that relocation scholarship payment to the person will therefore be $4,000 (under subsection 592L(1) of the Social Security Act 1991 ) unless subsection 592L(3) of that Act applies.
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 .
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;
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;
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;
(c) a scholarship payment under the ABSTUDY Scheme;
(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 15 April 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 )
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(2) |
|
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 amount |
1 January |
June |
highest June quarter before reference quarter (but not earlier than June quarter 2009) |
$1.00 |
|
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 |
deductions |
1231, 1234A |
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:
(c) the amount of the payment is a debt due to the Commonwealth; and
(d) the debt is taken to have arisen when the person receives the payment.
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
(c) the person is not undertaking the course at the end of 35 days 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:
(c) the amount of the payment is a debt due to the 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.
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:
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;
(c) an amount equal to the deductible portion of the payment is 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;
(b) an amount equal to the deductible portion of the payment is credited to the Special Account;
(c) an amount equal to the deductible portion of the payment is 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:
(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.