Commonwealth Numbered Regulations

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1993 No. 367 AUSTUDY REGULATIONS (AMENDMENT) - REG 11

11. Regulation 22 (Excluded: (b) certain students getting pensions and allowances)
11.1 Subregulation 22 (1):
Omit "group A or B", substitute "Group A, AA or B".
11.2 Paragraph 22 (2) (c): Omit the paragraph, substitute:

"(c) sickness allowance;

   (d)  special benefit; if the beneficiary is:

   (e)  the student-at any rate; or

   (f)  the spouse-at a rate calculated on the basis that the spouse is a
        member of a couple under section 1067 or 1068 of that Act.".
11.3 After subregulation 22 (2), insert:

"(3) A student cannot get AUSTUDY if the student:

   (a)  gets job search allowance or newstart allowance under the Social 
        Security Act 1991 ; and

   (b)  has commenced a full-time course of 6 months or less; and

   (c)  has been required to undertake the course by the Secretary to the
        Department of Social Security.

"(4) If subregulation (5) applies to a student undertaking a course, the
student cannot get AUSTUDY:

   (a)  before the start of the course; or

   (b)  for the period:

        (i)    of 21 days commencing at the beginning of the day on which the
               course starts; or

        (ii)   commencing on the day on which the course starts and ending at
               the end of the last day before the day on which the student's
               entitlement to AUSTUDY is determined; whichever is the shorter.

"(5) This subregulation applies to a student who:

   (a)  has commenced:

        (i)    a full-time course of a duration of longer than 6 months; or

        (ii)   a full-time course of a duration of 6 months or less that the
               student has not been required to undertake by the Secretary to
               the Department of Social Security; and

   (b)  immediately before commencing the course, gets job search allowance or
        newstart allowance under the Social Security Act 1991.".
11.4 Notes to regulation 22: Notes 1 and 2: Omit "education supplement",
substitute "pensioner education supplement". 


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