{"id":"F2026L00397","name":"Social Security and Student Assistance (Student Start-up Loan Debts and ABSTUDY Student Start-up Loan Overpayments) Determination 2026","slug":"social-security-and-student-assistance-student-start-up-loan-debts-and-abstudy-student-start-up-loan","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108029,"registerId":"commonwealth-F2026L00397-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Social Security and Student Assistance (Student Start-up Loan Debts and ABSTUDY Student Start-up Loan Overpayments) Determination 2026.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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 (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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 1223ABF(2) of the Social Security Act 1991 and subsection 38A(2) of the Student Assistance Act 1973.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Social Security Act means the Social Security Act 1991.\n\n> Student Assistance Act means the Student Assistance Act 1973.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Student start-up loan debts","content":"#### 6 Student start-up loan debts\n\n Subject to subsections (2) and (3), subsection 1223ABF(1) of the Social Security Act applies to a person if the person is not undertaking full-time study (for the purposes of youth allowance) or undertaking qualifying study (for the purposes of austudy payment) in respect of an approved scholarship course at the end of 35 days after the later of:\n\n (a) the person’s qualification test day for a qualification period; and\n (b) the person’s course start day in a qualification period.\n (2) Subsection (1) does not apply if the person’s qualification test day is:\n (a) the day mentioned in paragraph 1061ZVBB(3)(a) of the Social Security Act and the person completes the relevant approved scholarship course in the period of 35 days that starts after that qualification test day; or\n (b) the day mentioned in paragraph 1061ZVBB(3)(b) of the Social Security Act.\n (3) Subsection 1223ABF(1) of the Social Security Act applies to a person if:\n (a) the person’s qualification test day is the day mentioned in paragraph 1061ZVBB(3)(a) of the Social Security Act; and\n (b) that qualification test day is less than 35 days before the person is expected to complete the relevant approved scholarship course; and\n (c) the person is not enrolled in the relevant approved scholarship course\n on the day that course ends.\n (4) In this section:\n\n> approved scholarship course has the same meaning as in subsection 23(1) of the Social Security Act.\n\n> qualification period has the same meaning as in subsection 23(1) of the Social Security Act.\n\n> qualification test day has the same meaning as in subsection 1061ZVBB(3) of the Social Security Act.\n\n> undertaking full-time study has the same meaning as in subsection 23(1) of the Social Security Act.\n\n> undertaking qualifying study has the same meaning as in section 569A of the Social Security Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"ABSTUDY student start-up loan overpayments","content":"#### 7 ABSTUDY student start-up loan overpayments\n\n Subject to subsections (2) and (3), subsection 38A(1) of the Student Assistance Act applies to a person if the person is not undertaking full-time study in respect of an approved scholarship course at the end of 35 days after the later of:\n\n (a) the person’s qualification test day for a qualification period; and\n (b) the person’s course start day in a qualification period.\n (2) Subsection (1) does not apply if the person’s qualification test day is:\n (a) the day mentioned in paragraph 7C(2)(a) of the Student Assistance Act and the person completes the relevant approved scholarship course in the period of 35 days that starts after that qualification test day; or\n (b) the day mentioned in paragraph 7C(2)(b) of the Student Assistance Act.\n (3) Subsection 38A(1) of the Student Assistance Act applies to a person if:\n (a) the person’s qualification test day is the day mentioned in paragraph 7C(2)(a) of the Student Assistance Act; and\n (b) that qualification test day is less than 35 days before the person is expected to complete the relevant approved scholarship course; and\n (c) the person is not enrolled in the relevant approved scholarship course on the day that course ends.\n (4) In this section:\n\n> approved scholarship course has the same meaning as in subsection 3(1) of the Student Assistance Act.\n\n> qualification period has the same meaning as in subsection 3(1) of the Student Assistance Act.\n\n> qualification test day has the same meaning as in subsection 3(1) of the Student Assistance Act.\n\nSchedule 1—Repeals\n\nStudent Start-up Loan Debts and ABSTUDY Student Start-up Loan Overpayments Determination 2016\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier 2016 Determination (Schedule 1) and re-establishes the rules that make ss 1223ABF(1) (Social Security Act) and 38A(1) (Student Assistance Act) apply in specified circumstances (see sections 6–7). The repeal means the 2016 instrument no longer governs these application rules; the text does not state whether the substantive criteria differ from the repealed instrument, only that the new instrument now prescribes the timing, exceptions and definitions that govern debt/overpayment application."},"complexity_factors":["Cross-references to multiple external statutory provisions and defined terms (see section 5; sections 6(4) and 7(4) referencing Social Security Act and Student Assistance Act definitions).","Precise timing condition that triggers liability: '35 days after the later of the qualification test day and the course start day' (sections 6(1) and 7(1)), which requires calendar calculations for each case.","Multiple conditional exceptions that point to specific paragraphs in the parent Acts (sections 6(2)(a)/(b) referencing 1061ZVBB(3)(a)/(b); sections 7(2) referencing 7C(2)(a)/(b)), increasing interpretive complexity.","Overlap of similar but separately governed rules for general student start‑up loans and ABSTUDY overpayments (compare sections 6 and 7), requiring administrators to apply parallel frameworks.","Repeal of the earlier instrument (Schedule 1) changes which administrative instrument governs the mechanics, creating transition and regulatory‑consistency issues.","Dependence on terms whose meanings differ by Act (for example, 'approved scholarship course', 'qualification test day', 'qualification period'), introducing potential alignment and application risk."],"plain_english_summary":"This Determination sets when student start‑up loan debt and ABSTUDY student start‑up loan overpayment rules apply. It makes subsections 1223ABF(1) (Social Security Act) and 38A(1) (Student Assistance Act) apply where a scholarship recipient is not in full‑time/qualifying study 35 days after the later of their qualification test day and course start day, with narrow exceptions. It affects scholarship holders and the Department by clarifying when debts/overpayments arise, and it repeals the 2016 Determination."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2016 Determination with identical scope. It maintains the same purpose of setting repayment trigger conditions for student start-up loans. The repeal of the 2016 instrument and replacement with this 2026 version represents a standard legislative refresh without expansion of scope."},"complexity_factors":["Multiple cross-references to external Acts (Social Security Act 1991 and Student Assistance Act 1973) for defined terms","Parallel structure with near-identical provisions for two different schemes (Social Security and ABSTUDY), requiring careful comparison","Conditional logic with nested exceptions: subsection (1) sets the rule, subsections (2) and (3) create overlapping exceptions and counter-exceptions","Time-based calculations involving '35 days after the later of' two different dates, creating a floating window","Five defined terms per section that rely on external statutory definitions rather than standalone definitions"],"plain_english_summary":"This instrument sets a 35‑day grace period after the student’s “qualification test day” (or course start) during which they must show full‑time enrolment; if not enrolled by the end of that window the Student Start‑up Loan becomes repayable. It protects students who finish within 35 days but requires repayment for those who drop out just before completing.\n\nIt affects Youth Allowance, Austudy and ABSTUDY recipients with these loans and the agencies that administer them."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-and-student-assistance-student-start-up-loan-debts-and-abstudy-student-start-up-loan","history":"/api/acts/social-security-and-student-assistance-student-start-up-loan-debts-and-abstudy-student-start-up-loan/history","analysis":"/api/acts/social-security-and-student-assistance-student-start-up-loan-debts-and-abstudy-student-start-up-loan/analysis","conflicts":"/api/acts/social-security-and-student-assistance-student-start-up-loan-debts-and-abstudy-student-start-up-loan/conflicts","importantCases":"/api/acts/social-security-and-student-assistance-student-start-up-loan-debts-and-abstudy-student-start-up-loan/important-cases","documents":"/api/acts/social-security-and-student-assistance-student-start-up-loan-debts-and-abstudy-student-start-up-loan/documents"}}