Commonwealth Numbered Regulations

1990 No. 443 AUSTUDY REGULATIONS - REG 77

77. (1) A general secondary student 1 qualifies for the away-from-home living
allowance if the student meets any of the following conditions for an isolated
student:

   (a)  isolated home, as described in regulation 78;

   (b)  frequent changes of home, as described in regulation 79;

   (c)  special course of study, as described in regulation 80;

   (d)  disability, as described in regulation 81.

(2) An adult secondary student 2 or a tertiary student qualifies for the
away-from-home living allowance if it would be impractical for the student to
live at his or her parents' 3 home because:

   (a)  of the time and distance that would be involved in travelling daily
        between the home and the educational institution; or

   (b)  it is difficult to study there; or

   (c)  the student is required by the educational institution to live-in to
        undertake his or her course.

(3) In addition, a student qualifies for the away-from-home living allowance
if:

   (a)  the student is not living with a natural or adoptive parent; and

   (b)  either:

        (i)    the student is in the guardianship, care or custody of a Court,
               Minister or Department; or

   (ii) there is a current direction from a Court, Minister or Department
        placing the student in the guardianship, care or custody of someone
        who is not the student's natural or adoptive parent; or

        (iii)  the student stopped being in a situation described in
               subparagraph (i) or (ii) only because of his or her age; and

   (c)  no payments are being made by a State or Territory Government for the
        student's upkeep (but this does not apply to payments for dependent
        children in general). 3

(4) The Court, Minister or Department can be from the Commonwealth or a State
or Territory.

(5) However, a secondary student cannot get the away-from-home living
allowance if the principal home of the student's parents 4 is outside
Australia and Christmas Island. Notes to regulation 77
1 "General secondary student" is defined in subregulation 26 (3).
2 "Adult secondary student" is defined in subregulation 26 (4). 3 If a State
care order has been made about a student, the test on parental assets and
income usually does not apply: see regulations 13 (2) and 92.
4 "Parent" is defined in subregulation 85 (2).