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Social Security Amendment (Student Income Support Reforms) Bill 2011

Schedule 2 Other amendments

Part 1 Amendments commencing at start of 1 January 2012

Social Security Act 1991

1  Point 1067G-G15 (note)

Repeal the note, substitute:

Note:          Points 1067G-G19 and 1067G-G20 affect whether a person to whom the parental income test applies has parental income in common with certain other persons.

2  Paragraph 1067G-G19(a)

Omit “under this Module”.

3  Section 1067G (at the end of Module G of the Youth Allowance Rate Calculator)

Add:

Extension to senior secondary school FTB children

1067G-G20  This Submodule applies in relation to a person who is an FTB child aged 16 or more and a senior secondary school child but is not a person described in point 1067G-G19 as if:

                     (a)  the parental income test applied to the person; and

                     (b)  the following amount were the maximum payment rate for the person:

                              (i)  if the person is aged less than 18—the amount specified in column 3 of item 1 of the table in point 1067G-B2 (as indexed);

                             (ii)  if the person is aged 18 or more—the amount specified in column 3 of item 2 of the table in point 1067G-B2 (as indexed).

1067G-G21  For the purposes of point 1067G-G20, senior secondary school child has the meaning given by section 22B of the Family Assistance Act (disregarding subparagraph 22B(1)(a)(i) of that Act).

4  Section 1223ABE

Repeal the section, substitute:

1223ABE   Debts in respect of scholarship payments

Person does not start to undertake a 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)  does not start to undertake full-time study in an approved scholarship 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 received the payment.

However, this subsection does not apply if, in the Secretary’s opinion, the person does not start to undertake full-time study in an approved scholarship course because of exceptional circumstances beyond the person’s control.

Note:          For approved scholarship course , see section 592M.

Person not continuing to undertake a 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 (the qualifying course ); and

                     (b)  starts to undertake an approved scholarship course; and

                     (c)  is not undertaking full-time study in an approved scholarship course at the end of 35 days after the qualifying 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 received 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 full-time study in an approved scholarship 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 received 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 full-time study in an approved scholarship course because of exceptional circumstances beyond the person’s control.

5  Application

Section 1223ABE of the Social Security Act 1991 as amended by this Part applies to payments received on or after the commencement of this Part.



 

Part 2 Amendments commencing later on 1 January 2012

Social Security Act 1991

6  At the end of subsection 543A(2AA)

Add:

               ; or (d)  the Secretary determines that the person is not benefiting from family tax benefit that is being paid to the person’s parents.

7  Point 1067G-F31

Omit “who is a senior secondary school child”, substitute “a senior secondary school child but is not a person described in point 1067G-F30”.