Commonwealth Numbered Regulations - Explanatory Statements

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AUSTUDY REGULATIONS (AMENDMENT) 1997 NO. 323

Statutory Rules 1997 No. 323

Issued by the Authority of the Minister for Schools, Vocational Education and Training

Subject: Student and Youth Assistance Act 1973

AUSTUDY Regulations (Amendment)

The Student and Youth Assistance Act 1973 (the Act) provides the legislative authority for the AUSTUDY scheme. Section 56 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The purpose of the amendments is to extend the "grandfathering" provisions relating to the increase in the AUSTUDY age of independence from 22 to 25 years, which came into effect on 1 January 1997. The "grandfathering" provisions provide for-students who received the independent living allowance in 1996 solely because they had reached 22 years of age to continue to get that allowance after 11996.

Some students who got the independent living allowance in 1995 only because they had reached 22 years of age did not study in 1996 because they Were undertaking a compulsory year of employment in their particular field. When they returned to study in 1997 some were ineligible to get the independent living allowance because they were not 25 and did, not get the allowance in 1996. The Government has decided that these students should get the independent living allowance in 1997 and later years. Regulation 3 amends regulation 68 to implement this decision.

Regulation 1 provides that the amendment made, by regulation 3 are taken to have commenced on 1 January 1997. As this amendment does not disadvantage clients, its retrospective commencement does not contravene subsection 48(2) of the Acts Interpretation Act 1901.

The Attachment contains more details about the amendments.

ATTACHMENT

DETAILS OF AUSTUDY REGULATIONS (AMENDMENT)

Regulation 1 Commencement

Subregulation 1.1 provides that the amendment made by regulation 3 is taken to have commenced on 1 January 1997. As this change does not disadvantage. clients, its retrospective commencement does not contravene subsection 48(2) of the Acts Interpretation Act 1901.

Regulation 2 Amendment

Subregulation 2.1 provides that the AUSTUDY Regulations are amended as set out in these Regulations.

Regulation 3 Regulation 68 Independent student: (a) age

Background

Paragraphs 67(1)(a) and 68(1)(b) provide that most students qualify for the independent living allowance on and after the student's 25th birthday (this was increased from the student's 22nd birthday from 1 January 1997). Paragraph 68(1)(a) enables students who received the independent living allowance in 1996 only because they, had reached the age of 22 to continue to qualify for that allowance in 1997 and later years.

The effect of these provisions is that students who did not receive the independent living allowance in 1996 are not eligible to get it in 1997 and later years if they are, not 25 years of age, unless they qualify under a criterion other than age.

Some students who got the independent living allowance in 1995 only because they had reached 22 years of age did not study in 1906 because they were undertaking a compulsory year of employment in their particular field. When they returned to study in 1997 some were ineligible to get the independent living allowance because they were not 25 and did not get the allowance in 1996. The Government has decided that. these students should get the independent living allowance in 1997 and later years.

Amendments made by these regulation

Subregulation 3.1 omits regulation 68 and substitutes a new regulation 68. This retains the existing provisions and adds a provision to the effect that a student is independent if the student.

*       received the, independent living allowance in 1995 only because he or she had turned 22; and

*       did not receive that allowance in 1996 only because a requirement of his or her course was that the student undertake employment related to the course; and

*       resumed full-time study in the, course in 1997.