Commonwealth Numbered Regulations

AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 33 - REG 3

3.1 Subregulation 22 (1):
Omit the subregulation, substitute:

"(1) A student cannot get AUSTUDY living allowance if he or she gets:

   (a)  a payment listed in Group A, AA or B in Schedule 1 -1-; or

   (b)  benefit PP (partnered) under Part 2.10 of the Social Security  Act
        1991 , in the circumstances stated in subregulations (1A) and (1C).

"(1A) For paragraph (1) (b), the student was qualified for sole 
parent pension immediately before 20 March 1998, because of:

   (a)  his or her partner being in gaol for a continuous period of at least
        14 days; or

   (b)  the illness or infirmity of his or her partner where the illness or
        infirmity:

        (i)    resulted in the partner being unable to care for a child; and

        (ii)   resulted in the student being unable to live together with the
               partner in a matrimonial home; and

        (iii)  was, in the opinion of the Secretary to the Department of
               Social Security, likely to continue indefinitely.

"(1B) In subregulation (1A):
'partner' has the same meaning as in the Social Security Act 1991.

"(1C) Also for paragraph (1) (b), the situation stated in paragraph (1A) (a)
or (b) still exists.".

3.2 Paragraph 22 (2) (a):
Omit "parenting allowance,", substitute "benefit PP (partnered) (other than in
the circumstances stated in subregulations (1A) and (1C)),". Note The
following note should be added after regulation 22: "3 '(PP)' in 'benefit (PP)
partnered' and 'pension (PP) single' stands for parenting payment: see s 18,
Social Security Act 1991.".