Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Australia;
(b) current special educational assistance scheme;
(c) education institution;
(d) income year;
(e) Secretary.
In this instrument:
"ABSTUDY payee " : see section 12.
"ABSTUDY Pensioner Education Supplement qualifying payment " means any of the payments, pensions or other benefits that, under the ABSTUDY Scheme, must be receivable in respect of a student in order for ABSTUDY Pensioner Education Supplement to also be receivable in respect of the student.
"ABSTUDY Policy Manual " means the document:
(a) named ABSTUDY Policy Manual; and
(b) published on the Department's website;
as existing from time to time.
"Act " means the Student Assistance Act 1973 .
"actual boarding charges " has the same meaning as in the Assistance for Isolated Children Scheme Guidelines.
"AIC payee " : see section 22.
Note: AIC is short for the Assistance for Isolated Children Scheme.
"approved course " has the same meaning as in the Assistance for Isolated Children Scheme Guidelines.
"approved institution " has the same meaning as in the Assistance for Isolated Children Scheme Guidelines.
"assets " : see subsection 20(3).
"Assistance for Isolated Children Scheme Guidelines " means the document:
(a) named Assistance for Isolated Children Scheme Guidelines; and
(b) published on the Department's website;
as existing from time to time.
"dependent child " : see section 15.
"dependent status " : a person has dependent status if the person is considered to have a dependent status under the ABSTUDY Policy Manual.
"enrols " : a student enrols in a course that is offered by a school if the student enrols at the school for the purposes of undertaking the course.
"entitlement period " has the same meaning as in the ABSTUDY Policy Manual.
"first offered " : a course is first offered , in relation to a student, on the latest of the following:
(a) the day the student enrols in the course;
(b) if the course is run for a period in the calendar of an education institution (such as a term, semester or academic year)--the first day of that period;
(c) otherwise--the first day on which the student could start the course.
"illness separated couple " : 2 persons are an illness separated couple if:
(a) they are unable to live together in their home as a result of the illness or infirmity of either or both of them; and
(b) because of that inability to live together, their living expenses are, or are likely to be, greater than they would otherwise be; and
(c) that inability is likely to continue indefinitely.
"income support payment " has the meaning given by subsection 23(1) of the Social Security Act 1991 .
"independent status " : a person has independent status if the person is considered to be independent for the purposes of ABSTUDY under the ABSTUDY Policy Manual.
(a) an Aboriginal person (within the meaning of the Aboriginal and Torres Strait Islander Act 2005 ); or
(b) a Torres Strait Islander (within the meaning of that Act).
"nearest appropriate state school " has the meaning given by the Assistance for Isolated Children Scheme Guidelines.
"new apprentice " has the meaning given by subsection 23(1) of the Social Security Act 1991 .
"parent " : see section 6.
"partner " : a person is the partner of another person if:
(a) the person:
(i) is legally married to the other person; and
(ii) is not living separately and apart from the other person on a permanent or indefinite basis (unless they are an illness separated couple or a respite care couple); or
(b) the person is the de facto partner (within the meaning of the Acts Interpretation Act 1901 ) of the other person.
"permanent home " : see subsection 16(2).
"personal assets test limit " has the same meaning as in the ABSTUDY Policy Manual.
"principal family home " has the same meaning as in the Assistance for Isolated Children Scheme Guidelines.
"program of assistance " means:
(a) a program approved under section 28A of the Social Security Act 1991 ; or
(b) a program offered as part of the competitive employment training and placement services as defined by section 7 of the Disability Services Act 1986 .
"receivable " : an amount is receivable in respect of a person (the first person ) if any person (whether or not the first person) is receiving, or entitled to receive, the amount in respect of the first person.
"rehabilitation program " means:
(a) a rehabilitation program under Part III of the Disability Services Act 1986 ; or
(b) a follow-up program in relation to which a determination under section 31 of the Social Security Act 1991 is in force.
"relationship parent " has the meaning given by subsection 5(25) of the Social Security Act 1991 .
"respite care couple " : 2 persons are a respite care couple if:
(a) one of the persons has entered approved respite care (within the meaning of subsection 4(9) of the Social Security Act 1991 ); and
(b) the person who has entered the approved respite care has remained, or is likely to remain, in that care for at least 14 consecutive days.
"second family home " has the same meaning as in the Assistance for Isolated Children Scheme Guidelines.
"student " means a person in respect of whom an amount under a current special educational assistance scheme is receivable.
"youth allowance " means a payment under Part 2.11 of the Social Security Act 1991 .