Preliminary
Part 1—Preliminary
Division 1—Preliminary
1 Name
This instrument is the Student Assistance Regulations 2021.
3 Authority
This instrument is made under the Student Assistance Act 1973.
Division 2—Definitions
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Australia;
(b) current special educational assistance scheme;
(c) education institution;
(d) income year;
(e) Secretary.
In this instrument:
25% concessional study‑load student: see subsection 13(2).
66% concessional study‑load student: see subsection 13(3).
ABSTUDY payee: see section 12.
ABSTUDY Pensioner Education Supplement qualifying payment means any of the payments, pensions or other benefits that, under the ABSTUDY Scheme, must be receivable in respect of a student in order for ABSTUDY Pensioner Education Supplement to also be receivable in respect of the student.
Act means the Student Assistance Act 1973.
actual boarding charges means the boarding fees (including accommodation‑related costs such as laundry) charged by the boarding provider for the student during the relevant school year, including Goods and Services Tax but after any reduction, subsidy, scholarship or refund is taken into account.
AIC payee: see section 22.
Note: AIC is short for the Assistance for Isolated Children Scheme.
approved course, in relation to a student, means the course for which an amount under the Assistance for Isolated Children Scheme is receivable in respect of the student.
assets: see subsection 20(3).
base tax year, in relation to an amount, means the financial year ending on 30 June in the calendar year before the year for which the amount is received or claimed.
current tax year, in relation to an amount, means the financial year ending on 30 June in the calendar year for which the amount is received or claimed.
dependent child:
(a) in relation to the ABSTUDY Scheme—has the meaning given by section 15; and
(b) in relation to the Assistance for Isolated Children Scheme—has the meaning given by section 24A.
dependent status: a person has dependent status if the person:
(a) does not have independent status; and
(b) does not receive a pension under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; and
(c) is not in State care; and
(d) is not in lawful custody.
enrols: a student enrols in a course that is offered by a school if the student enrols at the school for the purposes of undertaking the course.
first offered: a course is first offered, in relation to a student, on the latest of the following:
(a) the day the student enrols in the course;
(b) if the course is run for a period in the calendar of an education institution (such as a term, semester or academic year)—the first day of that period;
(c) otherwise—the first day on which the student could start the course.
full‑time student load: see subsection 13(5).
illness separated couple: 2 persons are an illness separated couple if:
(a) they are unable to live together in their home as a result of the illness or infirmity of either or both of them; and
(b) because of that inability to live together, their living expenses are, or are likely to be, greater than they would otherwise be; and
(c) that inability is likely to continue indefinitely.
income support payment has the meaning given by subsection 23(1) of the Social Security Act 1991.
independent status, in relation to a person, means having independent status under the ABSTUDY Scheme.
Note: For whether a person has independent status under the ABSTUDY Scheme, see the ABSTUDY Policy Manual. The manual could in 2022 be viewed on the Department’s website (https://www.dss.gov.au).
Indigenous person means:
(a) an Aboriginal person (within the meaning of the Aboriginal and Torres Strait Islander Act 2005); or
(b) a Torres Strait Islander (within the meaning of that Act).
new apprentice has the meaning given by subsection 23(1) of the Social Security Act 1991.
normal amount of full‑time study: see subsection 13(4).
parent: see section 6.
partner: a person is the partner of another person if:
(a) the person:
(i) is legally married to the other person; and
(ii) is not living separately and apart from the other person on a permanent or indefinite basis (unless they are an illness separated couple or a respite care couple); or
(b) the person is the de facto partner (within the meaning of the Acts Interpretation Act 1901) of the other person.
permanent home: see subsection 16(2).
personal assets test limit means a limit for the value of assets in relation to receipt of living allowance under the ABSTUDY Scheme, as specified in A guide to Australian Government payments as in force from time to time.
Note: The guide could in 2022 be viewed on the Services Australia website (https://www.servicesaustralia.gov.au).
program of assistance means:
(a) a program approved under section 28A of the Social Security Act 1991; or
(b) a program offered as part of the competitive employment training and placement services as defined by section 7 of the Disability Services Act 1986.
receivable: an amount is receivable in respect of a person (the first person) if any person (whether or not the first person) is receiving, or entitled to receive, the amount in respect of the first person.
rehabilitation program means:
(a) a rehabilitation program under Part III of the Disability Services Act 1986; or
(b) a follow‑up program in relation to which a determination under section 31 of the Social Security Act 1991 is in force.
relationship parent has the meaning given by subsection 5(25) of the Social Security Act 1991.
respite care couple: 2 persons are a respite care couple if:
(a) one of the persons has entered approved respite care (within the meaning of subsection 4(9) of the Social Security Act 1991); and
(b) the person who has entered the approved respite care has remained, or is likely to remain, in that care for at least 14 consecutive days.
secondary non‑school course means a course of study that:
(a) is a secondary course (as determined by the Minister under subsection 5D(1) of the Act); and
(b) is offered by an educational institution other than a secondary school.
second family home, of a student, means a home in Australia maintained by the AIC payee or the partner of the AIC payee for the purpose of providing daily access to appropriate education for the student, when the student would not normally have such access from the home where the AIC payee normally resides.
State care: see subsection 16(3).
student means a person in respect of whom an amount under a current special educational assistance scheme is receivable.
tertiary course means a course of study determined by the Minister under subsection 5D(1) of the Act to be a tertiary course.
youth allowance means a payment under Part 2.11 of the Social Security Act 1991.
6 Meaning of parent
(1) Subject to subsection (3), each of the following is a parent of a student in respect of whom an amount is receivable under the ABSTUDY Scheme: (a) a natural, adoptive or relationship parent of the student with whom the student normally lives; (b) a person (other than a partner of the student) on whom the student is wholly or substantially dependent; (c) if there is no person to whom paragraph (a) or (b) applies—a natural, adoptive or relationship parent of the student with whom the student last lived. (2) Subject to subsection (3), each of the following is a parent of a student in respect of whom an amount is receivable under the Assistance for Isolated Children Scheme: (a) a natural, adoptive or relationship parent of the student with whom the student normally lives; (b) a legal guardian of the student; (c) any other adult: (i) on whom the student is wholly or substantially dependent; and (ii) who does not reside at a boarding institution. (3) If: (a) under subsection (1) or (2), 2 or more persons would be parents of a student; and (b) those persons are not all partners of each other; the parent of the student is: (c) whichever of those persons has primary care responsibility for the student; or (d) if 2 or more of those persons have primary care responsibility for the student and are not partners of each other—whichever of those persons to whom an amount is receivable in respect of the student under the relevant scheme. Partners of parents (4) If: (a) a person is a parent of a student under subsections (1) to (3); and (b) the person has a partner; and (c) the student normally lives with the partner; the partner is also a parent of the student.
Part 3—Obligation to notify happening of certain events
Division 1—Preliminary
11 Simplified outline
Under section 48 of the Act, a person who is receiving, or entitled to receive, an amount under the following schemes must notify Services Australia with 14 days of the happening of a prescribed event:
(a) the ABSTUDY Scheme;
(b) the Assistance for Isolated Children Scheme.
This Part prescribes the events. The prescribed events relate to such matters as:
(a) attendance at courses; and
(b) parents, partners and dependent children; and
(c) living arrangements; and
(d) entitlement to other income support payments; and
(e) income and assets.
Division 2—ABSTUDY Scheme
12 Prescribed events
For the purposes of subsection 48(1) of the Act, this Division prescribes events in relation to a person (the ABSTUDY payee) who is receiving, or is entitled to receive, an amount under the ABSTUDY Scheme: (a) in respect of a student; and (b) in relation to a course at an education institution.
13 Events relating to courses
(1) The following events are prescribed: (a) if the student does not enrol in the course before the end of the enrolment period for the course—the enrolment period ends; (b) if the student: (i) enrols in the course; but (ii) does not start the course before the end of the period of 3 weeks starting on the day the course is first offered in relation to the student; the period ends; (c) the student’s enrolment in the course is cancelled (whether by the student or otherwise); (d) the student ceases to participate in the course without his or her enrolment being cancelled; (e) if the student is undertaking a course offered by a school—the ABSTUDY payee becomes aware that the student has ceased to be studying full‑time in accordance with the requirements for the course as determined by the school; (f) if the student is enrolled in a tertiary course or a secondary non‑school course and the student is a 25% concessional study‑load student in respect of the course for a particular study period—the circumstances that were the basis for the student being a 25% concessional study‑load student in respect of the course for the particular study period change; (g) if the student is enrolled in a tertiary course or a secondary non‑school course and the student is a 66% concessional study‑load student in respect of the course for a particular study period—the circumstances that were the basis for the student being a 66% concessional study‑load student in respect of the course for the particular study period change; (h) if the student is enrolled in a tertiary course or a secondary non‑school course and paragraphs (f) and (g) do not apply in relation to the student—the student’s study‑load in respect of the course falls below three‑quarters of the normal amount of full‑time study in respect of the course for the particular study period. Meaning of 25% concessional study‑load student (2) A person is a 25% concessional study‑load student in respect of a course if: (a) the person is enrolled in the course for a particular study period (such as, for example, a semester or a year); and (b) the person is undertaking at least one‑quarter, but less than three‑quarters, of the normal amount of full‑time study in respect of the course for the particular study period; and (c) the person cannot undertake the normal amount of full‑time study in respect of the course for the particular study period: (i) because an appropriate medical practitioner who has a detailed knowledge of the person’s physical condition has stated in writing that the person has a substantial physical disability and cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or (ii) because a medical practitioner specialising in psychiatry has stated in writing that the person has a substantial psychiatric disability and cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or (iii) because a psychologist who is registered with the Board established under the law of a State or Territory that registers psychologists has stated in writing that the person is intellectually disabled and cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability. Meaning of 66% concessional study‑load student (3) A person is a 66% concessional study‑load student in respect of a course if: (a) the person is enrolled in the course for a particular study period (such as, for example, a semester or a year); and (b) the person is undertaking at least two‑thirds, but less than three‑quarters, of the normal amount of full‑time study in respect of the course for the particular study period; and (c) the person cannot undertake the normal amount of full‑time study in respect of the course for the particular study period: (i) because of the relevant educational institution’s usual requirement of the course; or (ii) because of a specific direction in writing to the person from the academic registrar (or an equivalent officer) of the relevant educational institution; or (iii) because the academic registrar (or an equivalent officer) of the relevant educational institution recommends in writing that the person undertake less than the normal amount of full‑time study in respect of the course for academic or vocational reasons for a period not exceeding half an academic year. Meaning of normal amount of full‑time study (4) The normal amount of full‑time study in respect of a course is: (a) if: (i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and (ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course; the full‑time student load for the course; or (b) if the course is not such a course and the relevant education institution defines an amount of full‑time study that a full‑time student should typically undertake in respect of the course—the amount so defined; or (c) otherwise—an amount of full‑time study equivalent to the average amount of full‑time study that a person 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. Meaning of full‑time student load (5) The full‑time student load for a course is the study load represented by units of study, forming part of the course, that have a total EFTSL value of one EFTSL. (6) Expressions used in subsection (5) that are defined in the Higher Education Support Act 2003 have the same meaning as in that Act.
14 Events relating to personal relationships
(1) The following events are prescribed if the ABSTUDY payee is the student and the student has independent status: (a) a person becomes a partner of the student; (b) a person ceases to be a partner of the student; (c) the student becomes aware that a dependent child of the student will be outside Australia for any period; (d) a person ceases to be a dependent child of the student. (2) The following events are prescribed if the ABSTUDY payee is the student and the student has dependent status: (a) the student becomes aware that a person has become a parent of the student; (b) the student becomes aware that a person (other than the student) has ceased to be a dependent child of a parent of the student. (3) The following events are prescribed if the ABSTUDY payee is a parent of the student: (a) another person becomes a parent of the student; (b) a person (other than the student) ceases to be a dependent child of the ABSTUDY payee.
15 Meaning of dependent child in relation to ABSTUDY Scheme
(1) Subject to subsection (2), a person (the first person) is a dependent child of another person in relation to the ABSTUDY Scheme if: (a) the first person is wholly or substantially in the care of the other person; and (b) the first person is less than 22; and (c) an income support payment is not receivable in respect of the first person, other than youth allowance; and (d) the first person does not have independent status. (2) Subsection (1) does not apply if: (a) the other person is the student; and (b) ABSTUDY Pensioner Education Supplement is receivable in respect of the student; and (c) the relevant ABSTUDY Pensioner Education Supplement qualifying payment is a pension or payment under the Veterans’ Entitlements Act 1986. (3) If, at a particular time, paragraphs (2)(b) and (c) apply in relation to the student, a person is a dependent child of the student if: (a) the person is wholly or substantially in the care of the student; and (b) the person is less than 22; and (c) an income support payment is not receivable in respect of the person, other than youth allowance; and (d) the person is not a partner of the student; and (e) if the person is less than 16: (i) the person is in full‑time education; or (ii) the person is not in receipt of income (within the meaning of the Social Security Act 1991); or (iii) the person is in receipt of income and the rate of that income does not exceed the amount mentioned in subsection 5(3)(c) of that Act per week; and (f) if the person is at least 16—the person meets the requirement of paragraph 5(4)(b) of the Social Security Act 1991 at that time.
Note: Paragraph 5(4)(b) of the Social Security Act 1991 is an income test.
16 Events relating to place of residence etc.
(1) The following events are prescribed: (a) the student changes his or her place of residence; (b) the student changes his or her permanent home; (c) if rent assistance under the ABSTUDY Scheme is receivable in respect of the ABSTUDY payee: (i) the student starts residing with another person; or (ii) the student starts residing in government housing for which rent is payable; (d) if remote area allowance under the ABSTUDY Scheme is receivable in respect of the student—the ABSTUDY payee becomes aware that the student will be absent from the student’s permanent home for a period of more than 8 weeks; (e) the ABSTUDY payee becomes aware that the student will be outside Australia for any period. (2) The following table defines the permanent home of the student.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Meaning of </span><span style="font-style:italic">permanent home</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>If …</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>the </span><span style="font-style:italic">permanent home</span><span> of the student is the place where …</span></p></td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:45.7%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the student has dependent status</span></p></td><td style="width:45.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the parent, or all of the parents, of the student normally reside.</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the student:</span></p><p class="Tablea"><span>(a) is considered to be in State care; and</span></p><p class="Tablea"><span>(b) has a foster carer;</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the foster carer normally resides.</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>no other item of this table applies</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>the student normally resides.</span></p></td></tr></tbody></table>
(3) A student is considered to be in State care if the student is not living with a parent and one of the following applies: (a) the student is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; (b) there is a current direction from such a court, Minister or Department placing the student in the guardianship, care or custody of someone who is not the student’s parent; (c) the student stopped being in a situation described in paragraph (a) or (b) only because of the student’s age.
17 Events relating to benefits etc.
The following events are prescribed: (a) any of the following becomes receivable in respect of the student: (i) a benefit for education or vocational training paid by the Commonwealth, a Commonwealth authority, a State or Territory, or a State or Territory authority; (ii) a pension or payment under the Veterans’ Entitlements Act 1986; (iii) Living Away from Home Allowance under the program known as the Australian Apprenticeships Incentives Program; (iv) a payment in relation to a claim for compensation for economic loss relating to personal injury; (v) a payment from an amount of money paid in relation to a claim for compensation for economic loss relating to personal injury; (b) an ABSTUDY Pensioner Education Supplement qualifying payment ceases to be receivable in respect of the student and no other such payment is receivable in respect of the student; (c) the student becomes a new apprentice; (d) the student ceases to be a new apprentice.
18 Events relating to income for reporting periods
Scope (1) This section applies if: (a) Services Australia requires a student to provide, for purposes relating to an amount mentioned in section 12, an estimate or statement of the amount of income of either or both of the following persons for a period not exceeding 14 days (the reporting period): (i) the student; (ii) the student’s partner; and (b) an estimate or statement of the amount of income for the reporting period has been given by the student to Services Australia. (2) However, if more than one estimate or statement of the amount of income of the student or the student’s partner for the reporting period has been given to Services Australia for those purposes, this section applies only in relation to the latest statement given in relation to the income. Event (3) The event of the reporting period ending is prescribed if the amount of income of the student or the student’s partner for the period is greater than the estimated or stated amount.
19 Events relating to income for income years
Scope (1) This section applies if: (a) an estimate or statement of the amount of income (however defined or described) of a parent of the student has been given to Services Australia for purposes relating to the amount mentioned in section 12; and (b) the income is income for either of the following income years: (i) the current tax year in relation to the amount mentioned in section 12; (ii) the base tax year in relation to that amount. (2) However, if more than one estimate or statement of the amount of income of the parent for the income year has been given to Services Australia for those purposes, this section applies only in relation to the latest estimate or statement. Events (3) If: (a) the ABSTUDY payee is the student; and (b) the student has dependent status; the event of the ABSTUDY payee becoming aware that the amount of income of the parent for the year exceeded, or will exceed, the estimated or stated amount by at least 25% is prescribed. (4) If: (a) the ABSTUDY payee is a parent of the student; and (b) the income is the income of: (i) the ABSTUDY payee; or (ii) another parent of the student; the event of the ABSTUDY payee becoming aware that the amount of income of the ABSTUDY payee or of the other parent for the year exceeded, or will exceed, the estimated or stated amount by at least 25% is prescribed.
20 Events relating to assets
(1) This section applies if the student has independent status. (2) The following events are prescribed: (a) the student becomes aware that the value of his or her assets is greater than the relevant personal assets test limit; (b) if the student has a partner—the student becomes aware that the combined value of the assets of the student and of the student’s partner is greater than the relevant personal assets test limit. (3) A person’s assets are things that, under the ABSTUDY Scheme, are assets for the purposes of applying the personal assets test.
Note: For things that are assets under the ABSTUDY Scheme, see the ABSTUDY Policy Manual. The manual could in 2022 be viewed on the Department’s website (https://www.dss.gov.au).
21 Other events
(1) The following events are prescribed: (a) the student ceases to be an Australian citizen; (b) the student ceases to be recognised as an Indigenous person; (c) the student ceases employment; (d) the student is taken into lawful custody. (2) The event of the student dying is prescribed if the ABSTUDY payee is a parent of the student.
Division 3—Assistance for Isolated Children Scheme
22 Prescribed events
For the purposes of subsection 48(1) of the Act, this Division prescribes events in relation to a person (the AIC payee) who is receiving, or is entitled to receive, an amount under the Assistance for Isolated Children Scheme: (a) in respect of a student; and (b) in relation to an approved course.
23 Events relating to courses
The following events are prescribed: (a) if the student does not enrol in the approved course before the end of the enrolment period for the course—the enrolment period ends; (b) if the student: (i) enrols in the approved course; but (ii) does not start the approved course before the end of the period of 14 days starting on the day the course is first offered in relation to the student; the period ends; (c) if: (i) the approved course is offered by a school; and (ii) the amount mentioned in section 22 is a boarding allowance; and (iii) the student does not start boarding at the school before the end of the period of 14 days starting on the day the approved course is first offered in relation to the student; the period ends; (d) the student’s enrolment in the approved course is cancelled (whether by the student or otherwise); (e) the student ceases to participate in the approved course without his or her enrolment being cancelled; (f) if the amount mentioned in section 22 is a boarding allowance—there is a change in the actual boarding charges that are relevant to that amount.
24 Events relating to personal relationships
The following events are prescribed: (a) a person (other than the AIC payee) becomes a parent of the student under subsection 6(4); (b) the AIC payee ceases to be a parent of the student; (c) if the amount mentioned in section 22 includes an additional boarding allowance—a person (other than the student) ceases to be a dependent child of the AIC payee; (d) the student enters into foster care; (e) if the student is in foster care: (i) there is a change in the foster care arrangements that apply to the student; or (ii) the student ceases to be in foster care.
24A Meaning of dependent child in relation to Assistance for Isolated Children Scheme
A person (the first person) is a dependent child of another person (the second person) in relation to the Assistance for Isolated Children Scheme if: (a) the first person is wholly or substantially in the care of the second person; and (b) the first person is under 22; and (c) the first person is not independent for the purposes of youth allowance; and (d) the first person does not have independent status for the purposes of the ABSTUDY Scheme; and (e) one or more of the following apply in relation to the first person: (i) additional boarding allowance under the Assistance for Isolated Children Scheme is receivable in respect of the first person; (ii) living allowance under the ABSTUDY scheme is receivable in respect of the first person; (iii) the means‑tested component of the Group 2 School Fees Allowance under the ABSTUDY scheme is receivable in respect of the first person; (iv) youth allowance is receivable in respect of the first person; (v) the first person is an FTB child (within the meaning given in Subdivision A of Division 1 of Part 3 of the A New Tax System (Family Assistance) Act 1999) of the second person; (vi) the first person is a regular care child (within the meaning of that Act) of the second person.
25 Events relating to place of residence etc.
The following events are prescribed: (a) the student changes his or her place of residence; (c) a place becomes a second family home of the student; (d) a place ceases to be a second family home of the student; (e) the student: (i) ceases to reside at the place of residence of a parent of the student; and (ii) begins residing at the place of residence of another parent of the student; (f) if the approved course is offered by a school—the student ceases to board at the school; (g) the student ceases to reside at his or her second family home.
26 Events relating to benefits etc.
The following events are prescribed: (a) the AIC payee becomes aware that any of the following become receivable in respect of the student: (i) a benefit for education or vocational training paid by the Commonwealth, a Commonwealth authority, a State or Territory, or a State or Territory authority; (ii) an income support payment; (iii) an amount under the ABSTUDY Scheme or the Assistance for Isolated Children Scheme; (b) if second home allowance is receivable in respect of the student under the Assistance for Isolated Children Scheme—the AIC payee becomes aware that rent assistance under the Social Security Act 1991 becomes receivable in respect of the AIC payee.
27 Events relating to income
Scope (1) This section applies if: (a) an estimate or statement of the amount of income (however defined or described) of the AIC payee, or a partner of the AIC payee, has been given to Services Australia for purposes relating to the amount mentioned in section 22; and (b) the income is income for the either of the following income years: (i) the current tax year in relation to the amount mentioned in section 22; (ii) the base tax year in relation to that amount. (2) However, if more than one estimate or statement of the amount of income of the AIC payee or partner for the income year has been given to Services Australia for those purposes, this section applies only in relation to the latest estimate or statement. Event (3) The event of the AIC payee becoming aware that the amount of income of the AIC payee or partner for the income year exceeded, or will exceed, the estimated or stated amount by at least 25% is prescribed.
28 Other events
Events relating to student (1) The following events are prescribed: (a) the student begins a full‑time apprenticeship or traineeship; (c) the student ceases to be an Australian citizen; (d) the student ceases to be an Australian permanent resident under the Migration Regulations 1994; (e) the student ceases to be the holder of a special category visa under the Migration Act 1958; (f) the student ceases to be the holder of a special purpose visa under the Migration Act 1958; (g) the student is taken into lawful custody; (h) the student dies. Events relating to AIC payee (2) The following events are prescribed: (a) the AIC payee ceases to be an Australian citizen; (b) the AIC payee ceases to be an Australian permanent resident under the Migration Regulations 1994; (c) the AIC payee ceases to be the holder of a special category visa under the Migration Act 1958; (d) the AIC payee ceases to be the holder of a special purpose visa under the Migration Act 1958; (e) the AIC payee is taken into lawful custody; (f) the AIC payee is admitted to a psychiatric facility (whether or not part of a hospital).
Division 4—Notifications must be given to Services Australia
29 Notifications must be given to Services Australia
A person who is required under subsection 48(1) of the Act to notify the Department of the happening of an event must do so by notifying Services Australia of the happening of the event.
Part 4—Application and transitional provisions
Division 1—Provisions relating to this instrument as originally made
30 Transitional provision—estimates and statements of income
(1) In this section:
Human Services Department has the same meaning as in the Act, as in force immediately before 1 February 2020.
(2) For the purposes of Part 3 of this instrument, an estimate or statement of an amount of income (however defined or described) that was given to the Human Services Department before 1 February 2020 is taken to have been given to Services Australia.