Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 52.131

  (1)   This section tells you about the income tax treatment of a payment under the ABSTUDY scheme made in respect of a period commencing at a time when you were at least 16 years old.

Note:   The whole of a payment made under the ABSTUDY scheme in respect of a period commencing at a time when you are under 16 years old may be exempt under section   51 - 10.

  (2)   The following payments made to you under the ABSTUDY scheme are exempt from income tax:

  (a)   a crisis payment;

  (b)   a clean energy payment;

  (c)   a first 2020 economic support payment;

  (d)   a second 2020 economic support payment;

  (e)   a 2022 cost of living payment.

  (3)   If:

  (a)   an * ordinary payment becomes due to you; and

  (b)   the payment is not covered by subsection   (4) or (6);

the * supplementary amount of the ordinary payment is exempt from income tax.

Note:   To work out the supplementary amount of the ordinary payment, see section   52 - 132.

  (4)   If:

  (a)   your partner dies; and

  (b)   you do not qualify for a payment under the ABSTUDY scheme in respect of that death; and

  (c)   an * ordinary payment becomes due to you during the bereavement period;

the * supplementary amount and the * tax - free amount of the ordinary payment are exempt from income tax.

Note 1:   To work out the supplementary amount of the ordinary payment, see section   52 - 132.

Note 2:   To work out the tax - free amount of the ordinary payment, see section   52 - 133.

  (5)   If a payment becomes due to you under the ABSTUDY scheme because of a person's death (except a lump sum payment because of your partner's death), the payment is exempt from income tax.

  (6)   If:

  (a)   your partner dies; and

  (b)   a lump sum payment under the ABSTUDY scheme becomes due to you because of your partner's death;

the total of the following are exempt from income tax up to the * tax free amount:

  (c)   the lump sum payment; and

  (d)   all other payments that become due to you under the ABSTUDY scheme during the bereavement lump sum period.

Note:   To work out the tax - free amount, see section   52 - 134.

  (7)   ABSTUDY scheme means the scheme known as ABSTUDY.

  (8)   Ordinary payment means a payment under the ABSTUDY scheme, other than:

  (a)   a crisis payment; or

  (aa)   a clean energy payment; or

  (ab)   a first 2020 economic support payment; or

  (ac)   a second 2020 economic support payment; or

  (ad)   a 2022 cost of living payment; or

  (b)   a payment made because of a person's death.

  (9)   The following expressions used in this Subdivision have the same meaning as in the ABSTUDY Policy Manual:

  (a)   bereavement lump sum period;

  (b)   bereavement period;

  (c)   illness separated couple;

  (d)   lump sum payment;

  (e)   partner;

  (f)   pension age;

  (g)   respite care couple.

Note:   In 2009, the ABSTUDY Policy Manual was accessible through the website of the Department administered by the Student Assistance Minister.