{"id":"F2021L01341","name":"Family Assistance (Studying Overseas Full-time) Determination 2021","slug":"family-assistance-studying-overseas-full-time-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441008,"registerId":"F2021L01341-fast-fetch-1775956444131","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Assistance (Studying Overseas Full-time) Determination 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL:Sensitive]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nFamily Assistance (Studying Overseas Full-time) Determination 2021\n\nI, Anne Ruston, Minister for Families and Social Services make the following Determination.\n\nDated 27 September 2021    \n\nAnne Ruston\n\nMinister for Families and Social Services\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1 – Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\n5  Definitions\n\n6  Required amount of study\n\nPart 2 – Studying overseas full-time\n\n7  Meaning of studying overseas full-time\n\nSchedule 1—Repeals\n\nFamily Tax Benefit (Studying Overseas Full-time) Determination 2011\n\n \n\n \n\n \n\nPart 1 – Preliminary\n\n \n\n1  Name\n\n  This instrument is the Family Assistance (Studying Overseas Full-time) Determination 2021.\n\n \n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\n \n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n \n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n \n\n3  Authority\n\n  This instrument is made under section 3C of the Act.\n\n \n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\n5  Definitions\n\n \n\nNote: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:\n\n1.      Secretary.\n\n\n \n\n1.     In this instrument:\n\n\n \n\nAct means the A New Tax System (Family Assistance) Act 1999.\n\n \n\napproved foreign course of education or study has the meaning given by subsection (2).\n\n \n\nfirst fortnight of classes, in relation a study period, means the period that starts on the first day of classes in that study period and ends on the Friday of the second week of classes in that period.\n\n \n\nforeign educational institution means:\n\n \n\n1.     an institution that is established by a law of a foreign country as an educational institution; or\n\n\n \n\n1.     an institution registered by the relevant education recognition authority of a foreign country as an educational institution.\n\n\n \n\nrequired amount of study has the meaning given by section 6 of this instrument.\n\n \n\n1.     For this instrument, a course of education or study is an approved foreign course of education or study if:\n\n\n \n\n1.     the course is delivered by a foreign educational institution; and\n\n\n \n\n1.     the course is accredited under a law of a foreign country as a course of education or study for secondary or tertiary aged students; and\n\n\n \n\n1.     completion of the course results in a level of education that is broadly equivalent to that resulting from completion of a course determined under subsection 5D(1) of the Student Assistance Act 1973 to be a secondary course or tertiary course for the purposes of that Act.\n\n\n \n\n6  Required amount of study\n\n1.     Subject to subsection (2), an individual is undertaking the required amount of study in an approved foreign course of education or study, for the period for which the individual is enrolled in the course, if:\n\n\n \n\n1.     for an individual to whom subsection (3) does not apply – the individual is studying the course for at least three-quarters of the defined amount of full-time study in respect of the course for that period; or\n\n\n \n\n1.     for an individual to whom subsection (3) applies – the individual is studying the course for at least two-thirds of the defined amount of full-time study in respect of the course for that period.\n\n\nNote: For defined amount of full-time study see subsection (5).\n\n \n\n1.     An individual is taken to be undertaking the required amount of study in respect of an approved foreign course of education or study, during the first fortnight of classes in a particular study period, if the individual is enrolled in the course and undertakes study in the course on at least one day in the first fortnight of classes.\n\n\n \n\n1.     Subject to subsection (4), this subsection applies to an individual for the purposes of paragraph (1)(b) if the individual cannot undertake the  defined amount of full-time study because of:\n\n\n \n\n1.     the usual requirements of the foreign educational institution in respect of the course; or\n\n\n \n\n1.     a specific direction in writing to the individual from the academic registrar, or a person with an equivalent function, of the foreign educational institution; or\n\n\n \n\n1.     a recommendation in writing from the academic registrar, or a person with an equivalent function, of the foreign educational institution, that the individual undertake the amount of study mentioned in paragraph (1)(b) in respect of the course for specified academic or vocational reasons.\n\n\n \n\n1.      During any academic year, subsection (3) can only apply to an individual because of paragraph (3)(c) for a maximum period of half of the academic year.\n\n\n \n\n1.      For this section, the defined amount of full-time study in respect of an approved foreign course of education or study is:\n\n\n \n\n1.     if the Secretary has determined the normal amount of full-time study for the individual under subsection 22B(2A) of the Act – that amount; or\n\n\n \n\n1.     if the Secretary has not made such a determination, either:\n\n\n \n\n1.      if the foreign educational institution that delivers the course specifies an amount of full-time study that should typically be undertaken in respect of the course – that amount; or\n\n\n \n\n1.    otherwise – an amount of full-time study equivalent to the average amount of full-time study that an individual would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.\n\n\n \n\nPart 2 – Studying overseas full-time\n\n \n\n7  Meaning of studying overseas full-time\n\nFor section 3C of the Act, an individual is studying overseas full-time if:\n\n \n\n1.     the individual:\n\n\n \n\n1.      is enrolled in an approved foreign course of education or study; or\n\n\n \n\n1.    was enrolled in an approved foreign course of education or study and has (since no longer being enrolled) always intended to re-enrol in the course when re-enrolments in the course are next accepted; or\n\n\n \n\n1.  was enrolled in an approved foreign course of education or study and has (since no longer being enrolled) always intended to enrol in another approved foreign course of education or study (at the same or a different foreign educational institution) when enrolments in the other course are next accepted; and\n\n\n \n\n1.     in the particular study period (for example, a semester) in which the individual is or intends to be enrolled in the course, they are or intend to be undertaking the required amount of study in the course; and\n\n\n \n\n1.     in the Secretary’s opinion, the individual is making satisfactory progress towards completing the course.\n\n\n  \n\n\n\n\nSchedule 1—Repeals\n\nFamily Tax Benefit (Studying Overseas Full-time) Determination 2011\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake/replacement of the 2011 Determination with the same scope. It modernises the instrument but does not expand beyond the original purpose of defining overseas full-time study for Family Tax Benefit purposes."},"complexity_factors":["Multiple nested conditions in section 7 (three alternative enrollment scenarios combined with two additional requirements)","Tiered definition of 'defined amount of full-time study' with three possible calculation methods in section 6(5)","Cross-reference to external Act (Student Assistance Act 1973) for course equivalency standards","Conditional logic with exceptions: standard 75% rule vs reduced 66% rule with three alternative triggering conditions","Temporal limitation on reduced study load (subsection 6(4) caps academic registrar recommendations at half the academic year)","Special rule for 'first fortnight of classes' creating a deemed status exception to normal study load requirements"],"plain_english_summary":"This instrument lets Australian families keep receiving Family Tax Benefit when a child studies full‑time overseas by defining eligible foreign courses, setting minimum study‑load thresholds (normally 75%, 66% in certain cases) and allowing a brief two‑week grace period for low attendance, while requiring the student to make satisfactory progress.\n\nIt affects families on Family Tax Benefit and their children, ensuring payments aren’t lost for genuine, substantial overseas study."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the Family Tax Benefit (Studying Overseas Full‑time) Determination 2011 (Schedule 1) and replaces it with the current definitions and mechanics for treating someone as studying overseas full‑time (notably the required study‑load thresholds, first‑fortnight rule, registrar/institution exceptions, and Secretary determinations) (sections 6–7; Schedule 1). The repeal plus the new detailed tests alters the operational criteria used to determine eligibility under section 3C of the Act."},"complexity_factors":["Multiple alternative methods for determining the defined amount of full‑time study (Secretary determination; foreign institution specification; otherwise an average for minimum completion) (section 6(5))","Tiered study‑load thresholds (normally 3/4 of full‑time; 2/3 where institutional requirements or registrar directions apply) and a specific first‑fortnight enrolment exception (sections 6(1)–(2))","Exceptions based on usual institutional requirements, written directions or written recommendations from an academic registrar, with a time limit on recommendation‑based relief (sections 6(3)–(4))","Discretion given to the Secretary to determine the normal amount of full‑time study and to form an opinion on whether an individual is making satisfactory progress (section 6(5); section 7(1)(c))","Cross‑references to other legislation and subsections (the Act generally, subsection 22B(2A) of the Act, and Student Assistance Act subsec. 5D(1)), which require users to consult multiple instruments to apply the rules","Repeal of the prior 2011 Determination, meaning operational rules are consolidated or updated in this instrument (Schedule 1)"],"plain_english_summary":"This Determination defines when a person is treated as \"studying overseas full-time\" for family assistance purposes. It sets who is covered (students enrolled or intending to re‑enrol in approved foreign courses), the required study load (three‑quarters normally, two‑thirds in limited cases), a first‑fortnight enrolment rule, institution/registrar exceptions, and that the Secretary decides full‑time amounts and satisfactory progress. It also repeals the 2011 Determination. The rules determine practical eligibility mechanics for overseas students and families claiming family assistance."}},"importantCases":[],"_links":{"self":"/api/acts/family-assistance-studying-overseas-full-time-determination-2021","history":"/api/acts/family-assistance-studying-overseas-full-time-determination-2021/history","analysis":"/api/acts/family-assistance-studying-overseas-full-time-determination-2021/analysis","conflicts":"/api/acts/family-assistance-studying-overseas-full-time-determination-2021/conflicts","importantCases":"/api/acts/family-assistance-studying-overseas-full-time-determination-2021/important-cases","documents":"/api/acts/family-assistance-studying-overseas-full-time-determination-2021/documents"}}