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Social Security Amendment (Student Income Support Reforms) Bill 2011

Schedule 1 Student income support reforms

Part 1 Independence

Social Security Act 1991

1  Paragraph 1067A(10E)(a)

After “as”, insert “Inner Regional Australia,”.



 

Part 2 Amount of relocation scholarship payment

Social Security Act 1991

2  Subsection 5(1) (paragraphs (a) and (b) of the definition of parent )

Omit “and in”, substitute “, section 592L and”.

3  Section 592L

Repeal the section, substitute:

592L   Amount of relocation scholarship payment

             (1)  The amount of a relocation scholarship payment to a person is $4,000 if the person has not received a student relocation payment (see subsection (7)) before.

Note:          The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).

             (2)  Subsection (1) does not apply if:

                     (a)  the person has, at any time before the calendar year containing the qualification time, undertaken full-time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and

                     (b)  at a time that was both while the person was undertaking that study and more than 6 months before the qualification time, the person was either:

                              (i)  independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); or

                             (ii)  required to live away from home (see section 1067D).

             (3)  The amount of a relocation scholarship payment to a person is $1,000 if neither subsection (1) nor subsection (4) applies.

Note:          The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).

             (4)  The amount of a relocation scholarship payment to a person is $2,000 if:

                     (a)  in 1 or more calendar years (the prior years ) that precede the calendar year containing the qualification time, the person undertook full-time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and

                     (b)  in 1 or 2 (but no more) of the prior years:

                              (i)  the person was, while undertaking such study, either independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11) or required to live away from home (see section 1067D); or

                             (ii)  the person received a student relocation payment (see subsection (7)); and

                     (c)  subsection (5) or (6) applies to the person.

Note:          The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).

             (5)  This subsection applies to a person if, at the qualification time:

                     (a)  the person is not independent (see section 1067A); and

                     (b)  the person is required to live away from home (see section 1067D); and

                     (c)  the home of a parent of the person is in a regional or remote location (see subsection (7)).

Note:          For parent see subsection 5(1).

             (6)  This subsection applies to a person if:

                     (a)  at the qualification time, the person is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); and

                     (b)  at the time 6 months before the person first undertook study described in paragraph (4)(a) of this section, the person’s usual place of residence was in a location that at the qualification time is a regional or remote location (see subsection (7)).

Definitions

             (7)  In this section:

regional or remote location means a location categorised as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia, under the Remoteness Structure as defined in subsection 1067A(10F).

student relocation payment means any of the following:

                     (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.

4  Application

(1)       Section 592L of the Social Security Act 1991 as amended by this Part applies to amounts of relocation scholarship payments for which the qualification times are on or after the commencement of this Part.

(2)       In determining whether subsection (1) of that section applies, take account of payments and value received before, on or after the commencement of this Part.

(3)       In determining whether subsection (4) of that section applies, take account of prior years occurring before or after the commencement of this Part.

5  Section 1190 (table item 69, column 4)

Omit “(2) and (3)”, substitute “(3) and (4)”.

6  Transitional—no indexation on 1 January 2012

The relocation scholarship payment amount is not to be indexed under section 1191 of the Social Security Act 1991 on 1 January 2012.



 

Part 3 Amount of student start-up scholarship payment

Social Security Act 1991

7  Section 592H

Repeal the section, substitute:

592H   Amount of student start-up scholarship payment

                   The amount of a student start-up scholarship payment for which a person is qualified on or after 1 January 2012 is $1,025.

Note:          The amount of a student start-up scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).

8  Section 1190 (cell at table item 68, column 4)

Repeal the cell, substitute:

section 592H

9  Transitional—no indexation on 1 January 2012

The student start-up scholarship payment amount is not to be indexed under section 1191 of the Social Security Act 1991 on 1 January 2012.



 

Part 4 Rural Tertiary Hardship Fund

Social Security Act 1991

10  Chapter 2BA

Repeal the Chapter.

11  Saving

Despite the repeal of Chapter 2BA of the Social Security Act 1991 by this Part, that Chapter and the scheme determined under it continue to apply in relation to:

                     (a)  reviews of refusals, before that repeal, of applications for assistance under the scheme; and

                     (b)  approvals of such applications, and payment of assistance, under that scheme as a result of such reviews.