Commonwealth Numbered Regulations

1996 No. 246 AUSTUDY REGULATIONS (AMENDMENT) - REG 7

7.1 Paragraph 61 (1) (ab): Omit the paragraph.

7.2 After paragraph 61 (1) (b), insert:

"(ba) subject to subregulation (4) - $5,665, for a student who:

        (i)    qualifies for the independent living allowance only under
               regulation 68 (which relates to age); and

        (ii)   has not reached his or her 25th birthday; and

        (iii)  normally lives with his or her parents; or".

7.3 Paragraph 61 (1) (c): Omit the paragraph, substitute:

"(c) for any other student - in respect of a student in a category set out in
column 1 of the following table, the amount set out in whichever of column 2,
3 or 4 of that category applies to the student:
Column 1          Column 2        Column 3              Column 4

Category          Under 18 years  18 years and over     Special rate

                      $               $                      $

Standard           3,666           4,409                  5,409

Independent        6,052           6,691                  8,129

Away-from-home     6,052           6,691                  8,129"


7.4 Add at the end:

"(3) In paragraph (1) (ba):
'normally lives' has the same meaning as it has in subregulation 85 (4);
'parent' means:

   (a)  any natural or adoptive parent of the student; or

   (b)  a spouse of the student's parent; or

   (c)  another adult on whom the student is wholly or substantially dependent
        (except the student's spouse).



"(4) Paragraph (1) (ba) does not apply to a student:

   (a)  who would otherwise qualify for a special rate of living allowance
        under regulation 63; or

   (b)  if the student qualifies before 1 January 1996 for the independent
        living allowance under regulation 68 in relation to a course - in
        respect of that course.".