Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698833338306.pdf (New Zealand)
Reprint as at 15 July 2013 Student Allowances Regulations 1998 (SR 1998/277) Michael Hardie Boys, Governor-General Order in Council At Wellington this 21st day of September 1998 Present: The Right Hon Jenny Shipley presiding in Council Pursuant to sections 303, 306, and 307 of the Education Act 1989, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.
Contents 1 2 2A Title and commencement Interpretation Meaning of programme Page 4 4 18 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Social Development.
1 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Part 1 Allowances Allowances continued Part 2 Assessment of parental and spousal or partner’s income Assessment of parental income Reassessment of parental income Assessment of income of spouse or partner Part 3 Eligibility for allowances Eligibility for basic grant Eligibility for independent circumstances grant Eligibility for accommodation benefit Award of A-Bursary [Revoked] Award of B-Bursary [Revoked] Eligibility for certain allowances Student not eligible for certain allowances where student or spouse or partner receiving social security payments, New Zealand superannuation, or veteran’s pension Student may not be eligible for certain allowances if eligible for other government study assistance Eligibility where change of course Continuing eligibility for certain allowances Reduction of course Part 4 Payment of allowances Amount of allowances to be paid to students Payment of certain allowances Maximum periods of allowances Payment of certain allowances for long programme of study (other than secondary instruction) [Revoked] Payment of certain allowances for further programmes of study permitted for retraining for employment, etc [Revoked] Period for which certain allowances payable Amount of accommodation benefit and period for which benefit payable Payment of A-Bursaries and B-Bursaries [Revoked] Reprinted
Reprinted as at 15 July 2013 Student Allowances Regulations 1998 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Payments may be made where work undertaken outside New Zealand Part 5 Suspension of allowances No payment if income limit exceeded [Revoked] Suspension of allowances during detention in prison Suspension of certain allowances for failure to attend or perform work Suspension of certain allowances for failure of full-time course of study (other than secondary instruction) Suspension of certain allowances
 for failure to give statement Reinstatement of certain allowances Postponement of course of study Suspension of certain allowances due to tertiary provider losing accreditation Suspension of certain allowances due to injury, sickness, or holidays Part 6 Appeals Lodging of appeals Relevant chief executive or Minister of Education to be given copies of notices of appeal Evidence Matters to which Authority to have regard Part 7 Administration Applications Notification of change in student’s circumstances affecting entitlement Form of statement for continuing eligibility for certain allowances Part 8 General 42A 43 44 45 46 47 Relationship status for student allowance purposes Calculation of personal income Deprivation of income Review of certain allowances Certain allowances to be inalienable Transitional provision 38 39 39 39 40 41 41 41 42 43 43 44 45 45 46 47 48 48 49 49 50 51 51 3 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Applications on or after 1 October 2010 for allowances for courses commencing before 1 January 2011 Previous allowances Revocations Schedule 1 Reassessment of annual parental income [Revoked] Schedule 2 Amounts of certain grants Schedule 3 Weekly value of accommodation benefits Schedule 4 Regulations revoked Regulations 52 53 54 54 54 60 61 Title and commencement These regulations may be cited as the Student Allowances Regulations 1998 These regulations come into force on 1 October 1998.
Interpretation In these regulations, unless the context otherwise requires,— accommodation benefit means an accommodation benefit continued by regulation 3(c) the Act means the Education Act 1989 appeal means an appeal under section 305 of the Act applicant means an applicant for a student allowance or, if the context requires, a recipient of a student allowance Authority means the Student Allowance Appeal Authority es- tablished by section 304 of the Act basic grant means a basic grant continued by regulation 3(a) chief executive means the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 1964, and is the same person as the Secretary, as defined in section 302 of the Act r 1 47A 48 49 1 (1) (2) 2 (1) 4 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 r 2 childless means not having a supported child or children combined income, in relation to any student, means— the personal income of that student; and (a) the spousal or partner’s income of that student (b) council, in relation to a tertiary provider, means the governing body of that provider dependent student, in relation to a parent whose income is being assessed, means a child of that parent— (a) who is attending a full-time course at tertiary provider or a secondary school; and (c) (d) (e) (b) who is not younger than 16 on 31 December in the year before the year of application and is not older than 23 on 1 January in the year
 of application; and who has not been awarded an independent circum- stances grant; and in respect of whom an orphan’s benefit is not paid; and in respect of whom an unsupported child’s benefit is not paid; and who receives financial support from that parent (f) family scheme income has the meaning given to it by the def- inition of that term in section MA 8 of the Income Tax Act 2007 except that the calculation of the amount referred to in that definition must not include— (a) any income described as exempt
 income in section CW 32 of that Act; or to the extent that it would otherwise be included in fam- ily scheme income under that Act, any income of the kind referred to in section MB 11(1) of that Act derived by any dependent child (within the meaning of section YA 1 of that Act); or any income of the kind referred to in section MB 12 of that Act (b) (c) foreign-sourced amount has the same meaning as in section YA 1 of the Income Tax Act 2007 full-time course means any recognised course of study ap- proved by the chief executive as a full-time course forming part of a recognised programme 5 r 2 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 grant means a basic grant, an independent circumstances grant, or a merit grant income before tax includes gains before tax and profits before tax independent circumstances grant means an independent cir- cumstances grant continued by regulation 3(b) living with a parent has the same meaning as in section 3(1) of the Social Security Act 1964 married— (a) means having a spouse; and (b) for the avoidance of doubt, does not include a person who is legally married but who does not have a spouse (as that term is defined in this subclause) merit grant means a University Junior Scholarship, an A-Bur- sary, or a B-Bursary; and includes any other award declared by the chief executive of the Ministry of Education to be a merit grant parent, in relation to a student, includes a step-parent and any person acting in place of a parent of that student parental home, in relation to a student, means a home where the student is living with a parent parental income means, in relation to any person who is a parent in any tax year nominated by the chief executive as a relevant tax year for the purpose of assessment,— (a) if the person is or was resident in New Zealand through- out the year, the person’s family scheme income for the year; and if at any time during the year the person is or was not resident in New Zealand, the sum of—
 (i) (ii) the person’s family scheme income for the year; and every foreign-sourced amount derived by the per- son in the year (each being an amount on which tax, whether a form of income tax or some other form of tax, that is or was payable in the State in which the amount was derived, the State in which the person was resident when the amount was de- rived, or both States) (b) 6 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 r 2 partner, in relation to an applicant, means a person who is the civil union partner or de facto partner (as defined in section 29 of the Interpretation Act 1999) of that applicant if— (a) (b) both of them are of or over 24; or one or both of them are younger than 24 and at least 1 of them has a supported child partnered— (a) means having a partner; and (b) for the avoidance of doubt, does not include a person who is in a civil union or a de facto relationship (as defined in section 29A of the Interpretation Act 1999) but who does not have a partner (as defined in this sub- clause) personal income, in relation to any student, means the per- sonal income of that student which is derived in New Zealand or overseas, whether or not taxable; and— (aa) (a) includes, on and after 1 January 2005, and for the pur- poses of any assessment of eligibility undertaken before that date for an allowance that is to be paid in respect of the undertaking of a portion of a recognised course of study commencing on or after 1 January 2005, and
 to the extent (if any) determined by the chief executive, any lump sum or periodical payment of any kind received by the student from any bursary, grant, or scholarship; but does not include the amount of any of the following benefits or payments received by the student under the Social Security Act 1964, namely: (i) (ii) (iii) (iv) (v) (vi) (via) (vii) a childcare subsidy; or (viii) a home help payment; and a child disability allowance; or a disability allowance; or an accommodation supplement; or an
 orphan’s benefit; or an unsupported child’s benefit; or a special benefit; or temporary additional support; or 7 r 2 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (b) (c) does not include any other benefit, pension, or other payment from time to time determined by the chief ex- ecutive; and does not include— (i) any financial assistance received by the student from any parent of the student or the student’s caregiver, if the student is single, childless, and is younger than 24; or any compensation payment received under the Accident Compensation Act 2001 by the student as a result of the death of a parent of the student, if the student is single, childless, and is younger than 24; or except as provided in paragraph (aa), lump sum payments of any kind received by the student (ex- cluding any interest received from the investment of such sums); or any payment received by the student in respect of tuition fees payable for a course of study for which a grant or allowance may be awarded under these regulations; or except as provided in paragraph (aa), amounts received by the student under any grant other than a merit grant; or the lesser of the following amounts: (A) the total of all amounts received by the student under merit grants: $750; or (B) (ii) (iii) (iv) (v) (vi) (vii) any student loan, as defined in section 4(1) of the Student Loan Scheme Act 2011, received by the student; and does not include any amount received by way of family tax
 credit under the Income Tax Act 2007; and does not include income from work that is a pre-requi- site to a course (d) (e) programme has the meaning set out in regulation 2A recognised course of study— (a) means a course of study leading to the completion of a recognised programme; and 8 Reprinted as at 15 July 2013 (b) Student Allowances Regulations 1998 r 2 includes a course of study leading to the completion of a programme— (i) that was a recognised programme when the per- son enrolled in it; but (ii) whose
 recognition for the purposes of these regu- lations the Tertiary Education Commission or the chief executive of the Ministry of Education has later withdrawn recognised programme means,— (a) in relation to a tertiary provider, a programme approved by the Tertiary Education Commission, and recognised by— (i) the New Zealand Qualifications Authority under section 249 of the Act; or the New Zealand Vice Chancellors Committee under section 241 of the Act; and (ii) (b) (c) in relation to a secondary school, a programme deter- mined by the chief executive of the Ministry of Educa- tion to be a full-time course of secondary instruction; and in relation to any disabled student, a programme ap- proved by the chief executive secondary school means— (a) (b) (c) a secondary school established under Part 12 of the Act or registered under section 35A of the Act; or a school that provides secondary instruction and is a correspondence school under section 145 of the Act or is designated as a correspondence school under section 152 of the Act; or a special school that provides secondary instruction and is continued by Part 3 of the Education Act 1964, or a specified institution in Schedule 5 of the Act single— (a) means not having a spouse or partner; and (b) for the avoidance of doubt, includes— (i) a person who is legally married but who does not have a spouse (as that term is defined in this subclause); and 9 r 2 Student Allowances Regulations 1998 Reprinted as at 15 July 2013
 (ii) a person who is in a civil union but who does not have a partner (as that term is defined in this subclause) spousal or partner’s income, in relation to any student, means the personal income of the spouse or partner of that student which is derived in New Zealand and overseas, whether or not taxable; and— (aa) includes on and after 1 January 2005, and for the pur- poses of any assessment of eligibility undertaken be- fore 1 January 2005 for an allowance that is to be paid in respect of the
 undertaking of a portion of a recog- nised course of study commencing on or after 1 January 2005, and to the extent (if any) determined by the chief executive, any lump sum or periodical payment of any kind received by the spouse or partner from any bursary, grant, or scholarship; but does not include the amount of any of the following benefits or payments received by the spouse or partner under the Social Security Act 1964, namely: a child disability allowance; or (i) a disability allowance; or (ii) an accommodation supplement; or (iii) an orphan’s benefit; or (iv) an unsupported child’s benefit; or (v) a special benefit; or (vi) (via) temporary additional support; or (vii) a childcare subsidy; or (viii) a home help payment; and does not include any other benefit, pension, or other payment from time to time determined by the chief ex- ecutive; and does not include— (i) except as provided in paragraph (aa), lump sum payments of any kind received by the spouse or partner (excluding any interest received from the investment of such sums); or any payment received by the spouse or partner in respect of tuition fees payable for a course (a) (b) (c) (ii) 10 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 r 2 (iii) (iv) (v) of study for which a grant or allowance may be awarded under these regulations; or except as provided in paragraph (aa), amounts received by the spouse or partner under any grant other than a merit grant; or the lesser of the
 following amounts: (A) the total of all amounts received by the spouse or partner under merit grants: $750; or (B) any student loan, as defined in section 4(1) of the Student Loan Scheme Act 2011, received by the spouse or partner; and (d) (e) does not include any amount received by way of family tax credit under the Income Tax Act 1994; and does not include income from work that is a pre-requi- site to a course spouse, in relation to an applicant, means a person who is legally married to that applicant if— (a)
 (b) both of them are of or over 24; or one or both of them are younger than 24 and at least 1 of them has a supported child step-parent, in relation to a student, means a person— (a) who is not the student’s father or mother, or a person acting in place of a parent of the student; but (b) who is married to, or in a civil union or in a de facto relationship with, the mother or father of the student or a person acting in place of the parent of the student student means a person who is enrolled or intends to enrol in a recognised course of study supported child, in relation to a student applying for an al- lowance, means a person younger than 24— (a) whose well-being and financial support are the respon- sibility of the student; and (b) who lives with that student at least half of the time; and (c) who is not in receipt of— (i) an allowance continued by regulation 3(a) to (c); or 11 r 2 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (ii) jobseeker support, sole parent support, an emer- gency benefit, or a supported living payment under the Social Security Act 1964; or (iv) under (iii) New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001 or a veteran’s pension under the War Pensions Act 1954; or government-assisted any payments scheme (other than the Student Loan Scheme) which, in the opinion of the chief executive, is similar to a benefit under the Social Security Act 1964; or income before tax from
 employment or self-em- ployment which exceeds $80 per week; and in respect of whom no orphan’s benefit or unsupported child’s benefit is payable under the Social Security Act 1964 (v) (d) tax year has the the same meaning as in the Income Tax Act 2007 taxable income has the same meaning as in section YA 1 of the Income Tax Act 2007 tertiary provider means a university, polytechnic, college of education, or wananga, a private training establishment con- tinued by the Act, or any other education provider approved
 by the chief executive of the Ministry of Education for the pur- pose value means amount payable per week before tax weekly parental income, in relation to any person, means the amount of parental income in relation to that person divided by 52.
Terms used in these regulations that are defined in section 302 of the Act have the meanings given to them by that section.

Compare: SR 1991/295 r 2 Regulation 2(1) A-Bursary: revoked, on 15 December 2006 (applying in re- spect of allowances payable on and after 1 January 2007), by regulation 6(1) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
Regulation 2(1) applicant: inserted, on 1 October 2011 (applying to allow- ances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by (2) 12 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 r 2 regulation 5(6) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).
Regulation 2(1) B-Bursary: revoked, on 15 December 2006 (applying in re- spect of allowances payable on and after 1 January 2007), by regulation 6(1) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).

Regulation 2(1) combined income paragraph (b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Regulation 2(1) dependent student paragraph (b): amended, on 1 January 2009, by regulation 4(1) of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).

Regulation 2(1) family scheme income: inserted, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regulation 5(6) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).
Regulation 2(1) foreign-sourced amount: amended, on 1 April 2008 (effective only for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) income limit: revoked, on 1 September 2005, by regulation 4(a) of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Regulation 2(1) income year: revoked, on 1 April 2005, by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Regulation 2(1) married: substituted, on 7 October 2004, by regulation 3(2) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).

Regulation 2(1) parent: amended, on 6 September 2012 (applying to allow- ances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students before, on, or after that date)), by regulation 5(1) of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Regulation 2(1) parental home: replaced, on 6 September 2012 (applying to allowances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students before, on, or after that date)), by regulation 5(2) of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Regulation 2(1) parental income paragraph (a): amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 Janu- ary 2012 (whether the allowance was first payable to students before, on, or after that date)), by regulation 5(1) of the Student Allowances Amendment Regula- tions (No 2) 2011 (SR 2011/288).
Regulation 2(1) parental income paragraph (b)(i): amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regulation 5(1) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).

Regulation 2(1) parental income: amended, on 1 April 2005 (effective for 2005–06 tax year and later), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
13 r 2 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Regulation 2(1) partner: substituted, on 1 April 2007 (applying in respect of allowances payable on and after 1 April 2007), by regulation 9 of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
Regulation 2(1) partner: amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regu- lation 5(2) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).
Regulation 2(1) partner: amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regu- lation 5(3) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).

Regulation 2(1) partner paragraph (a): amended, on 1 January 2009, by regula- tion 4(2) of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).
Regulation 2(1) partner paragraph (b): amended, on 1 January 2009, by regu- lation 4(2) of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).

Regulation 2(1) partnered: substituted, on 1 April 2007, by regulation 9 of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).

Regulation 2(1) personal income: amended, on 7 October 2004, by regulation 3(1)(a) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
Regulation 2(1) personal income paragraph (aa): inserted, on 7 October 2004, by regulation 3(1)(b) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).

Regulation 2(1) personal income paragraph (a)(via): inserted, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Regulation 2(1) personal income paragraph (c)(i): amended, on 1 January 2009, by regulation 4(3) of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).

Regulation 2(1) personal income paragraph (c)(i): amended, on 15 December 2006 (applying in respect of allowances payable on and after 1 January 2007), by regulation 5 of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
Regulation 2(1) personal income paragraph (c)(ii): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Regulation 2(1) personal income paragraph (c)(ii): amended, on 1 January 2009, by regulation 4(3) of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).
Regulation 2(1) personal income paragraph (c)(ii): amended, on 15 December 2006 (applying in respect of allowances payable on and after 1 January 2007), by regulation 5 of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).

14 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 r 2 Regulation 2(1) personal income paragraph (c)(iii): amended, on 7 October 2004, by regulation 3(1)(c) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
Regulation 2(1) personal income paragraph (c)(v): amended, on 7 October 2004, by regulation 3(1)(d) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).

Regulation 2(1) personal income paragraph (c)(vii): amended, on 1 April 2012, by section 224 of the Student Loan Scheme Act 2011 (2011 No 62).

Regulation 2(1) personal income paragraph (d): amended, on 1 April 2008 (effective only for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Regulation 2(1) personal income paragraph (d): amended (with effect on 1 April 2007), on 19 December 2007, by section 305 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Regulation 2(1) programme: replaced, on 6 September 2012 (applying to allowances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students before, on, or after that date)), by regulation 5(3) of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).

Regulation 2(1) recognised course of study paragraph (b)(ii): amended, on 28 September 2006, by regulation 5(1) of the Student Allowances Amendment Regulations (No 2) 2006 (SR 2006/270).
Regulation 2(1) recognised programme paragraph (a): amended, on 28 Sep- tember 2006, by regulation 5(2) of the Student Allowances Amendment Regu- lations (No 2) 2006 (SR 2006/270).
Regulation 2(1) recognised programme paragraph (a)(i): amended, on 6 Sep- tember 2012 (applying to allowances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students be- fore, on, or after that date)), by regulation 5(4)(a) of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Regulation 2(1) recognised programme paragraph (a)(ii): amended, on 6 Sep- tember 2012 (applying to allowances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students be- fore, on, or after that date)), by regulation 5(4)(b) of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).

Regulation 2(1) single: substituted, on 26 April 2005, by section 12 of the Re- lationships (Statutory References) Act 2005 (2005 No 3).
Regulation 2(1) spousal or partner’s income: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) spousal or partner’s income: amended, on 7 October 2004, by regulation 3(6)(a) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
Regulation 2(1) spousal or partner’s income paragraph (aa): inserted, on 7 Oc- tober 2004, by regulation 3(6)(b) of the Student Allowances Amendment Regu- lations (No 2) 2004 (SR 2004/299).

15 r 2 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Regulation 2(1) spousal or partner’s income paragraph (aa): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Regulation 2(1) spousal or partner’s income paragraph (a): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) spousal or partner’s income paragraph (a)(via): inserted, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Regulation 2(1) spousal or partner’s income paragraph (c)(i): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) spousal or partner’s income paragraph (c)(i): amended, on 7 October 2004, by regulation 3(6)(c) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
Regulation 2(1) spousal or partner’s income paragraph (c)(ii): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) spousal or partner’s income paragraph (c)(iii): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Regulation 2(1) spousal or partner’s income paragraph (c)(iii): amended, on 7 October 2004, by regulation 3(6)(d) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).

Regulation 2(1) spousal or partner’s income paragraph (c)(iv)(A): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Regulation 2(1) spousal or partner’s income paragraph (c)(v): amended, on 1 April 2012, by section 224 of the Student Loan Scheme Act 2011 (2011 No 62).

Regulation 2(1) spousal or partner’s income paragraph (c)(v): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Regulation 2(1) spousal or partner’s income paragraph (d): amended (with effect on 1 April 2007), on 19 December 2007, by section 305 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).

Regulation 2(1) spouse: substituted, on 1 April 2007, by regulation 9 of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
Regulation 2(1) spouse: amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regu- lation 5(4) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).
Regulation 2(1) spouse: amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regu- 16 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 r 2 lation 5(5) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).
Regulation 2(1) spouse paragraph (a): amended, on 1 January 2009, by regula- tion 4(4) of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).

Regulation 2(1) spouse paragraph (b): amended, on 1 January 2009, by regula- tion 4(4) of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).

Regulation 2(1) standard tax: revoked, on 1 September 2005, by regulation 4(c) of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).
Regulation 2(1) step-parent: inserted, on 6 September 2012 (applying to allow- ances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students before, on, or after that date)), by regulation 5(5) of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).

Regulation 2(1) supported child: amended, on 1 January 2009, by regula- tion 4(5) of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).
Regulation 2(1) supported child paragraph (c)(ii): amended, on 15 July 2013, by section 86 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Regulation 2(1) supported child paragraph (c)(ii): amended, on 15 July 2013, by section 97 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
Regulation 2(1) supported child paragraph (c)(ii): amended, on 15 July 2013, by section 114 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Regulation 2(1) supported child paragraph (c)(ii): amended, on 15 July 2013, by section 129 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
Regulation 2(1) supported child paragraph (c)(iii): substituted, on 15 April 2003, by section 12(2) of the War Pensions Amendment Act 2003 (2003 No 18).

Regulation 2(1) supported child paragraph (c)(iii): amended, on 21 April 2005, by section 9(2) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Regulation 2(1) supported child paragraph (c)(iii): amended, on 7 October 2004, by regulation 3(7) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
Regulation 2(1) tax year: inserted, on 1 April 2005 (effective for 2005–06 tax year and later), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) tax year: amended, on 1 April 2008 (effective only for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) taxable income: amended, on 1 April 2008 (effective only for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
17 r 2A Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Regulation 2(1) weekly parental income: added, on 7 October 2004, by regu- lation 3(5) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
2A Meaning of programme (1) In these regulations, programme means,— (a) (b) in relation to a secondary school, a full-time course: in relation to a tertiary provider, any aggregate of courses, classes, and work required for the completion of a degree, diploma, certificate, or other qualification awarded by that provider.
(3) (4) (2) Despite subclause (1)(b), a programme does not include a de- gree, diploma, certificate, or other qualification that is listed at level 8 or above on the Qualifications Framework.

Subclause (2) does not apply to a Bachelor Honours degree described in the Qualifications Framework.

In this regulation, Qualifications Framework means the framework referred to in section 248 of the Education Act 1989.
Regulation 2A: inserted, on 6 September 2012 (applying to allowances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students before, on, or after that date)), by regulation 6 of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Part 1 Allowances Allowances continued The following allowances are continued: basic grants: (a) independent circumstances grants: (b) accommodation benefits: (c) [Revoked] (d) (e) [Revoked] Compare: SR 1991/295 r 18 Regulation 3(d): revoked, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 6(2) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
3 18 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 2 r 4 Regulation 3(e): revoked, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 6(2) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).

Part 2 Assessment of parental and spousal or partner’s income Part 2 heading: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Assessment of parental income 4 (1) A student’s parental income must be assessed if the student is single, younger than 24, without a supported child or children, and applies for an allowance continued by regulation 3(a) or (c).
(2) Where a student’s parental income is to be assessed, the chief executive may make such an assessment and the following provisions apply: (a) (b) (c) if a student has more than 2 parents, the student must nominate, as the student’s parents for the purposes of this subclause, the 2 parents who are the major contribu- tors to the student’s support, and the combined parental incomes of those 2 contributors is considered to be the parental income of the student: the chief executive may require any student who applies for a basic grant to ensure that such evidence of the parental income of that student as the chief executive specifies is provided to the chief executive before the portion of the course of study to which the allowance relates ends: if a student whose parents are not living together wishes to have the income tested portion of a basic grant as- sessed on 1 parental income, the chief executive may make such an assessment if the student— (i) makes an application to the chief executive ac- companied by a statement from that parent estab- lishing the student’s independence from the stu- dent’s other parent; and 19 Part 2 r 4 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (ii) provides any other statements and information from independent persons specified by the chief executive as the chief executive may require to establish that fact: (d) where one or both of the parents of any student has or have more than 1 dependent student who is enrolled in a full-time course at a secondary school or tertiary provider, the combined parental income of the parents of that student is considered to be reduced by $7,000 for each such additional dependent student: if both the parents of the student live in separate house- holds and the assessment is not made under paragraph (c), the combined parental income of the parents of the student is considered to be reduced by $3,400 (in add- ition to any reduction under paragraph (d)): where the income of a parent of a student is negative, it must be treated as nil.
(da) (e) (3) Upon completion of the assessment, the assessment must be applied by the chief executive in determining the eligibility of any student for an allowance continued by regulation 3(a) or (c) or the rate at which payment is to be made.
(4) A student must not be considered to have established inde- pendence from his or her other parent for the purposes of sub- clause (2)(c)(i) unless the chief executive is satisfied that— (a) the student is estranged from that other parent to the ex- tent that contact between them would have a detrimental psychological effect on the student or the parent; or the student is or has been subject to severe mental cru- elty by that other parent; or the student is or has been subject to physical or sexual abuse by that other parent or that other parent’s spouse; or that other parent is unable to take responsibility for the student or contribute towards the student’s support be- cause that other parent is— (i) (ii) subject to a sentence of imprisonment; or otherwise remanded or detained in a prison; or (b) (c) (d) 20 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 2 r 5 (5) (6) (e) (iii) under an inpatient order made under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or by reason of other special circumstances, the relation- ship between the student and that other parent has so broken down that the student should be considered in- dependent of the other parent.
To avoid doubt, a student is not independent from his or her other parent for the purposes of subclause (2)(c)(i) by reason only that he or she is financially independent from that other parent.

The chief executive may extend the time allowed for a student to provide evidence of parental income under subclause (2)(b) if he or she is satisfied that in the particular case there are special circumstances warranting an extension of time.
Compare: SR 1991/295 r 15 Regulation 4(1): amended, on 1 January 2009, by regulation 5 of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).

Regulation 4(2)(a): amended, on 1 September 2005, by regulation 5(1) of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Regulation 4(2)(b): amended, on 19 January 2007, by regulation 5(1) of the Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).
Regulation 4(2)(d): amended, on 1 September 2005, by regulation 5(2) of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Regulation 4(2)(da): inserted, on 1 September 2005, by regulation 5(3) of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Regulation 4(4): added, on 18 March 2005, by regulation 4 of the Student Al- lowances Amendment Regulations (No 2) 2005 (SR 2005/62).
Regulation 4(5): added, on 18 March 2005, by regulation 4 of the Student Al- lowances Amendment Regulations (No 2) 2005 (SR 2005/62).

Regulation 4(6): added, on 19 January 2007, by regulation 5(2) of the Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).

5 (1) Reassessment of parental income The chief executive may reassess the annual parental income of any student exceeding $55,027.96 if, in any year during that student’s course of study, that income decreases by not less than 25%.
(2) A decrease in the parental income of any student may not be taken into account unless it is of a percentage to which sub- clause (1) applies.

21 Part 2 r 6 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (3) If the parental income of the student is reassessed at a reduced level, the student must be paid at the new rate of the allowance on and from the beginning of the week in which the change in circumstances of the parents, as reassessed, occurs.
(4) Where the parental income of a student is to be reassessed, regulation 4(2) and (3) apply with any necessary modifica- tions.

Compare: SR 1991/295 r 16 Regulation 5(1): substituted, on 1 September 2007 (applying in relation to the assessment and payment of allowances to students for weeks starting on or after 1 January 2008), by regulation 5(1) of the Student Allowances Amendment Regulations (No 2) 2007 (SR 2007/253).
Regulation 5(1): amended, on 1 April 2011, by regulation 4 of the Student Allowances Amendment Regulations 2011 (SR 2011/18).

Regulation 5(2): amended, on 1 September 2007 (applying in relation to the assessment and payment of allowances to students for weeks starting on or after 1 January 2008), by regulation 5(2) of the Student Allowances Amendment Regulations (No 2) 2007 (SR 2007/253).
6 (1) Assessment of income of spouse or partner The spousal or partner’s income of a student’s spouse or part- ner must be assessed if the student applies for any allowance continued by regulation 3(a) or (c).

(2) Where a student’s spousal or partner’s income is to be as- sessed, regulation 4(2)(b) and (3) apply with any necessary modifications.

(3) Where the income of a student or a student’s spouse or partner is negative, it must be treated as nil.
Regulation 6 heading: amended, on 26 April 2005, by section 12 of the Rela- tionships (Statutory References) Act 2005 (2005 No 3).

Regulation 6(1): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 6(2): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 6(3): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Part 3 Eligibility for allowances Eligibility for basic grant Every student is eligible for a basic grant if he or she is— 7 (1) 22 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 3 r 8 (a) (b) (c) a secondary student of or over 16 but younger than 18 who is married or partnered with a supported child or children; or a tertiary student of or over 16 but younger than 18 who has a supported child or children; or a secondary student or tertiary student who is of or over 18, whether living at home or away from home.
(1A) As from the commencement of 1 January 2004, the students who are eligible for a basic grant include a single tertiary stu- dent of or over 16 but younger than 18 who— (a) (b) has completed a course of secondary instruction to year 13 level; or has not completed a course of secondary instruction to year 13 level but— (i) has obtained, in the University Bursaries Exam- ination, 3 “C” grade passes or better; or has obtained, at level 3 of the National Certificate of Educational Achievement, 42 credits or more.
This regulation is subject to regulations 4 to 6, 12 to 16, 20, 28 to 31, 34, 35, 40, and 44 to 48.

Compare: SR 1991/295 rr 2(1), 22(1) (ii) (2) Regulation 7(1)(a): amended, on 26 April 2005, by section 12 of the Relation- ships (Statutory References) Act 2005 (2005 No 3).

Regulation 7(1)(b): substituted, on 7 October 2004, by regulation 4(1) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
Regulation 7(1A): inserted, on 16 October 2003, by regulation 3 of the Student Allowances Amendment Regulations (No 2) 2003 (SR 2003/251).

Regulation 7(1A)(b)(ii): amended, on 7 October 2004, by regulation 4(2) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).

Regulation 7(2): amended, on 1 January 2013, by regulation 13(1) of the Stu- dent Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Regulation 7(2): amended, on 1 September 2005, by regulation 6 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).
Eligibility for independent circumstances grant 8 (1) A single student without a supported child or children is eli- gible for an independent circumstances grant, if— (a) either— 23 Part 3 r 9 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (i) (ii) the student is of or over 16 and younger than 24, and is undertaking a course at a tertiary provider; or is of or over 18 and younger than 24, and is under- taking a course at a secondary school; and the student is neither living in a parental home nor re- ceiving financial assistance from any parent of that stu- dent; and the chief executive considers that it would, by reason of exceptional circumstances, be unreasonable for the student to live with a parent and receive financial as- sistance from any parent of that student.
(b) (c) [Revoked] (2) (3) Despite subclause (1), no student is eligible for an independent circumstances grant if the student receives a basic grant.

This regulation is subject to regulations 12 to 16, 20, 28 to 31, 34, 35, 40, and 44 to 48.

Compare: SR 1991/295 r 20 (4) Regulation 8(1)(a)(i): amended, on 1 January 2009, by regulation 7 of the Stu- dent Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).
Regulation 8(1)(a)(ii): amended, on 1 January 2009, by regulation 7 of the Stu- dent Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).

Regulation 8(2): revoked, on 7 October 2004, by regulation 5(1)(a) of the Stu- dent Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).

Regulation 8(3): amended, on 7 October 2004, by regulation 5(1)(b) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
Regulation 8(4): amended, on 1 January 2013, by regulation 13(1) of the Stu- dent Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).

Regulation 8(4): amended, on 1 September 2005, by regulation 7 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Eligibility for accommodation benefit Subject to subclauses (2) to (6), a student who receives a basic grant or an independent circumstances grant is eligible for an accommodation benefit.
The following classes of student are not eligible for an accom- modation benefit: (aa) students who are applicable persons in respect of HNZ housing (as the terms applicable person and HNZ hous- 9 (1) (2) 24 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 3 r 9 (a) ing are defined in section 42(1) of the Housing Restruc- turing and Tenancy Matters Act 1992): students who live in a parental home if neither the stu- dent nor his or her spouse or partner (if any) have any supported children: (b) married or partnered students living with a spouse or partner whose combined income before tax for the rele- vant week is more than the amount of combined income for the week specified in clause 2(1) of Schedule 2.
(3) Where a student without supported children who receives an accommodation benefit begins living in a parental home or a married or partnered student begins living with a spouse or partner in circumstances where subclause 2(b) applies,— (a) (b) his or her beginning so to live will cancel that benefit; and he or she will not be entitled to any payment under that benefit in respect of any period beginning after his or her beginning so to live.
For the purposes of this regulation,— outgoings include— (a) local authority rates charged by a local authority (in- cluding water rates, regardless of how the rates are cal- culated): (4) (b) mortgage payments (where there is a mortgage on the (c) property): house insurance premiums, excluding contents insur- ance (where the house is insured): essential repairs and maintenance (d) parental home, in relation to a student, means— (a) (b) a home where the student is living with a parent; or a home (not being a home to which paragraph (a) ap- plies) provided or maintained by a parent of the student unless, in the opinion of the chief executive, that stu- dent— (i) is paying the market rent for the area of the home occupied by the student; or has responsibility for the payment of the out- goings payable for the area of the home occupied by the student.
(ii) 25 Part 3 r 10 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (4A) For the purposes of paragraph (b) of the definition of parental home in subclause (4), the area of the home occupied by the student is the part of the premises comprising the home that the student occupies with his or her spouse (if any) and supported children (if any).

This regulation is subject to regulations 4 to 6, 12 to 16, 20, 28 to 31, 34, 35, 40, and 44 to 48.
Compare: SR 1991/295 rr 34, 36 (5) Regulation 9(2)(aa): inserted, on 17 November 2000, by section 7(4) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Regulation 9(2)(aa): amended, on 1 July 2006, by section 5(2)(j) of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).

Regulation 9(2)(a): substituted, on 1 September 2007, by regulation 12(1) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
Regulation 9(2)(b): amended, on 1 September 2005, by regulation 8(1) of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Regulation 9(2)(b): amended, on 26 April 2005, by section 12 of the Relation- ships (Statutory References) Act 2005 (2005 No 3).

Regulation 9(3): amended, on 1 September 2007, by regulation 12(2) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
Regulation 9(3): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

replaced, on 6 September 2012 (applying to allowances Regulation 9(4): for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students before, on, or after that date)), by regulation 7 of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Regulation 9(4A): inserted, on 6 September 2012 (applying to allowances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students before, on, or after that date)), by regulation 7 of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).

Regulation 9(5): amended, on 1 January 2013, by regulation 13(1) of the Stu- dent Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Regulation 9(5): amended, on 1 September 2005, by regulation 8(2) of the Stu- dent Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Award of A-Bursary [Revoked] Regulation 10: revoked, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 6(3) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
10 26 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 3 r 12 11 Award of B-Bursary [Revoked] Regulation 11: revoked, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 6(3) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
Eligibility for certain allowances 12 (1) No student is eligible for an allowance continued by regulation 3(a) to (e) unless— (a) he or she— (i) (ii) (iii) (iv) is a New Zealand citizen; or satisfies the chief executive that he or she is or- dinarily resident in New Zealand, has lived in New Zealand for at least 2 years, and has been entitled under the Immigration Act 2009 to reside indefinitely in New Zealand for at least 2 years; or satisfies the chief executive that he or she is a refugee or a protected person and is entitled under the Immigration Act 2009 to reside indefinitely in New Zealand; or satisfies the chief executive that he or she is en- titled under the Immigration Act 2009 to reside indefinitely in New Zealand and was sponsored into New Zealand by a family member who, at the time of the student’s entry into New Zealand,— (A) was recognised under the Immigration Act 1987 or the Immigration Act 2009 as a refugee or protected person; and held a residence permit issued under the Immigration Act 1987 or a residence class visa issued under the Immigration Act 2009; and (B) (b) makes an application for an allowance in accordance (c) with Part 7; and either— (i) is enrolled in a full-time course at a tertiary provider or secondary school and meets the at- 27 Part 3 r 12 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 tendance and performance requirements of that provider or school for tuition; or is approved to study overseas under regulation 26; or is approved to study in a part-time course under subclause (2).
(ii) (iii) (1A) Subclause (1)(a)(iv) is subject to regulation 47A(a) (which re- lates to an application after 30 September 2010 for an allow- ance for a course commencing before 1 January 2011).
(2) An allowance continued by regulation 3(a) to (c) may be paid to every student enrolled, or intending to enrol, in a recognised course of study that is less than a full-time course, who would otherwise be eligible for such an allowance, if either of the following paragraphs applies: (a) the chief executive has, on the advice of a tertiary provider or the principal of the appropriate secondary school, approved a course of study that is less than a full-time course for that student for that year— because of that student’s illness; or (i) for any cause that is, in the opinion of the chief (ii) executive, a sufficient cause that is outside that student’s control; or (iii) where the chief executive considers such a course to be in that student’s academic best interests: (b) (ii) in the opinion of the chief executive, the student— (i) will, on completing that course, complete a recognised programme; and is taking a course, or combination of courses, that constitutes more than half of a full-time course.
(2A) For the purposes of subclause (2)(a)(iii), academic best inter- ests, in relation to a student, means that the student would be likely to fail, for academic reasons, if he or she undertook a full-time course but would be likely to pass more than half of the course if he or she studied part-time.
(3) No student may be awarded an allowance continued by regu- lation 3(a) to (e) who— (a) either— (i) has been granted a temporary permit to enter New Zealand for the purposes of study, training, or 28 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 3 r 13 paid employment, which permit requires that stu- dent to leave New Zealand after completing that study, training, or paid employment; or is the spouse or partner of such a student and is not a New Zealand citizen; and (ii) (b) is not or has not subsequently become a person to whom subclause (1)(a) applies.
Compare: SR 1991/295 rr 9, 22(3) Regulation 12(1)(a): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Regulation 12(1)(a)(iii): amended, immediately after 2 am on 29 November 2010, by regulation 5(1) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 12(1)(a)(iv): added, immediately after 2 am on 29 November 2010, by regulation 5(2) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).
Regulation 12(1)(a)(iv)(A): amended, on 1 October 2011 (applying to allow- ances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regulation 6 of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).

Regulation 12(1A): inserted, on 1 October 2010, by regulation 4(3) of the Stu- dent Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).
Regulation 12(1A): amended, immediately after 2 am on 29 November 2010, by regulation 5(3) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 12(2): replaced, on 1 January 2013, by regulation 8 of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).

Regulation 12(2A): inserted, on 1 January 2013, by regulation 8 of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Regulation 12(3)(a)(ii): amended, on 26 April 2005, by section 12 of the Rela- tionships (Statutory References) Act 2005 (2005 No 3).

Regulation 12(3)(b): amended, on 1 October 2002, by regulation 4 of the Stu- dent Allowances Amendment Regulations (No 2) 2002 (SR 2002/257).
13 Student not eligible for certain allowances where student or spouse or partner receiving social security payments, New Zealand superannuation, or veteran’s pension (1) No student is eligible for an allowance continued by regulation 3(a) to (c) while that student or that student’s spouse or part- ner is receiving any of the following benefits under the Social Security Act 1964: 29 Part 3 r 13 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (a) (ab) (b) (c) (d) (e) (f) (g) (h) [Revoked] jobseeker support: sole parent support: an emergency benefit: [Revoked] a supported living payment: [Revoked] a youth payment: a young parent payment.
(2) No student is eligible for an allowance continued by regula- tion 3 while that student or that student’s spouse or partner is receiving either or both of the following: (a) New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001: a veteran’s pension under the War Pensions Act 1954.

(b) Subclause (2) is subject to regulation 47A(b) (which relates to an application after 30 September 2010 for an allowance for a course commencing before 1 January 2011).
Compare: SR 1991/295 r 19 Regulation 13 heading: amended, on 1 October 2010, by regulation 6(1) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 13 heading: amended, on 26 April 2005, by section 12 of the Rela- tionships (Statutory References) Act 2005 (2005 No 3).

Regulation 13(1): amended, on 26 April 2005, by section 12 of the Relation- ships (Statutory References) Act 2005 (2005 No 3).
Regulation 13(1)(a): revoked, on 15 July 2013, by section 114 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Regulation 13(1)(ab): replaced, on 15 July 2013, by section 129 of the So- cial Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Regulation 13(1)(b): replaced, on 15 July 2013, by section 86 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
Regulation 13(1)(d): revoked, on 20 August 2012, by section 28(3) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Regulation 13(1)(e): replaced, on 15 July 2013, by section 97 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Regulation 13(1)(f): revoked, on 15 July 2013, by section 86 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
(3) 30 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 3 r 15 Regulation 13(1)(g): inserted, on 20 August 2012, by section 28(3) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Regulation 13(1)(h): inserted, on 20 August 2012, by section 28(3) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
Regulation 13(2): added, on 1 October 2010, by regulation 6(2) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 13(3): added, on 1 October 2010, by regulation 6(2) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).
14 (1) Student may not be eligible for certain allowances if eligible for other government study assistance This regulation applies to every student who is the recipi- ent of any bursary, scholarship, or award, however described (other than an allowance continued by regulation 3(d) or (e)), awarded or made out of money appropriated for the purpose by Parliament, for the purpose of study at a secondary school or a tertiary provider.
(2) Despite anything to the contrary in these regulations, no stu- dent to whom this regulation applies may be awarded an allow- ance continued by regulation 3(a) to (c) without the consent of the chief executive, which allowance is subject to such con- ditions (if any) as the chief executive may determine in any particular case or class of case.
(3) Without limiting the generality of subclause (2), it may be a condition of the award of an allowance continued by regula- tion 3(a) to (c) to a student to whom this regulation applies that the amount of that allowance and the term for which it is payable is less than that to which that student would be other- wise entitled.

Compare: SR 1991/295 r 45 Regulation 14 heading: amended, on 7 October 2004, by regulation 6 of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
15 Eligibility where change of course Where any student at a secondary school or tertiary provider commences a second or further course at that school or at an- other school, or at that tertiary provider or at another tertiary provider, before completing any other course at that place or at another place, that student does not cease to be entitled to 31 Part 3 r 16 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 any allowance continued by regulation 3(a) to (c) because of that change of course, if— (a) (b) the allowance is not suspended under Part 5; and the appropriate principal, proprietor, or head of depart- ment or head of faculty certifies that the student is cap- able of passing the course of study in which the student is enrolled or is intending to enrol; and the student is in all other respects eligible for the allow- ance.
(c) Compare: SR 1991/295 r 13 Continuing eligibility for certain allowances 16 (1) A student continues to be eligible for an allowance continued by regulation 3(a) to (c) only if the student gives a statement in writing to the chief executive, during every specified period, in the form specified under regulation 42.

In subclause (1), specified period means a period specified from time to time for the purposes of that subclause by the chief executive.
(2) Reduction of course 17 (1) Where in any year, after having undertaken the academic work of a full-time course for at least 12 weeks, the recipient of an allowance continued by regulation 3(a) to (c) has, on the advice of the chief executive, undertaken a reduced amount of work,— (a) (b) the recipient does not, by reason only of that reduction, cease to be entitled to that allowance; and regulation 29 will apply to the recipient as if every refer- ence in that regulation to his or her course of study were a reference to the residue of that full-time programme.
The chief executive must not provide advice under subclause (1) unless, before providing that advice, he or she has con- sulted with the relevant tertiary provider or principal of the appropriate secondary school.
Compare: SR 1991/295 r 24 (2) 32 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 4 r 19 Part 4 Payment of allowances 18 (1) Amount of allowances to be paid to students Every student who is eligible for a basic grant or an independ- ent circumstances grant, and has not lost that eligibility, must be paid the appropriate amount calculated under Schedule 2, unless that schedule provides that the grant is not payable to the student.
(1A) The rates in Schedule 2 (as amended by regulation 15 and the Schedule of the Student Allowances Amendment Regulations (No 2) 2010) must be used for any payment on or after 1 Octo- ber 2010 of an allowance continued by regulation 3 (regardless of whether the allowance is one awarded in respect of a course of study commencing before, on, or after 1 October 2010).
[Revoked] Every student who is eligible for an accommodation benefit, and has not lost that eligibility, must be paid the appropri- ate amount determined in accordance with regulation 24 and Schedule 3.

(2) (3) (4) Despite subclauses (1) to (3), no allowances are payable to any student unless the aggregate value of all of those allowances is $2 or more.

Regulation 18(1): amended, on 1 September 2005, by regulation 11(1) of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).
Regulation 18(1A): inserted, on 1 October 2010, by regulation 7 of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 18(2): revoked, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 6(3) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
Payment of certain allowances 19 (1) A student who is eligible for an allowance continued by regu- lation 3(a) to (c), and has not lost that eligibility, must be paid that allowance by instalments of such number of weeks’ al- lowance on such day or date or such date or dates in the month as the chief executive from time to time determines.

Payment of any allowance must be made by payment of the sum due into a bank account nominated from time to time by the student who is eligible for that allowance.
(2) 33 Part 4 r 20 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 20 Maximum periods of allowances (1) No student is entitled (except in the circumstances described in this regulation and in regulation 30(3)) to receive for more than the following period allowances continued by regulation 3: (a) 92 weeks, if the allowances are for any recognised course or courses of study leading to the completion of any recognised programme or programmes that are a full-time course or courses of secondary instruction: 200 weeks, if the allowances are for any other recog- nised course or courses of study.
(b) (2) (3) (4) The period of 92 weeks specified in subclause (1)(a)— (a) commences when a student first receives an allowance continued by regulation 3 in respect of the course or courses specified in subclause (1)(a); but does not include any period when no allowance of that type is paid.
(b) The period of 200 weeks specified in subclause (1)(b)— (a) commences when a student first receives an allowance continued by regulation 3 in respect of the course or courses specified in subclause (1)(b); but does not include any period when no allowance of that type is paid.
(b) For the purposes of subclauses (1) to (3), the recipient of an allowance continued by regulation 3 is deemed not to have re- ceived any payments under it in respect of a course of study if that recipient withdraws from the course before the com- mencement of his or her final examination period and, with the chief executive’s consent, ensures all payments made to the recipient in respect of the course under the allowance are refunded to the chief executive before the following deadline: within 12 months of the commencement of the course, (a) where it is a full academic year long; and before the end of the course, in every other case.
(b) (5) No recipient of an allowance continued by regulation 3 is en- titled to receive, or may receive, despite anything in these regulations, any payments under that allowance in respect of any period during which he or she undertakes paid employ- ment that is recognised as fulfilling part of the requirements of 34 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 4 r 21 (6) (7) the recognised course of study in respect of which the allow- ance was awarded.
The period of 92 weeks specified in subclause (1)(a) or, if ap- plicable, the period of 200 weeks specified in subclause (1)(b) must be reduced, for a student who has been paid a basic grant, independent circumstances grant, or accommodation benefit before 1 January 1999, by the number of weeks calculated under regulation 48.
The chief executive may, where he or she considers that in any particular case special circumstances exist, grant a per- son eligibility for an allowance continued by regulation 3 for a period longer than the period of 92 weeks specified in sub- clause (1)(a) or, if applicable, the period of 200 weeks speci- fied in subclause (1)(b).

(8) (7A) For the purposes of subclause (7), special circumstances do not exist merely because a person has been affected by an amend- ment to these regulations.
Subclauses (1) to (7) are subject to regulation 47A(c) (which relates to an application after 30 September 2010 for an allow- ance for a course commencing before 1 January 2011).

Regulation 20: substituted, on 1 October 2010, by regulation 8 of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 20(1): amended, on 1 January 2013, by regulation 13(2) of the Stu- dent Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
Regulation 20(7A): inserted, on 6 September 2012 (applying to allowances for courses of study that commence on or after 1 January 2013 (whether the allowance was first payable to students before, on, or after that date)), by regulation 9 of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
21 Payment of certain allowances for long programme of study (other than secondary instruction) [Revoked] Regulation 21: revoked, on 1 January 2013, by regulation 10 of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
35 Part 4 r 22 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 22 Payment of certain allowances for further programmes of study permitted for retraining for employment, etc [Revoked] Regulation 22: revoked, on 1 January 2013, by regulation 10 of the Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212).
(b) Period for which certain allowances payable 23 (1) A basic grant or independent circumstances grant must be paid for a period commencing with the beginning of the week dur- ing which, in the opinion of the chief executive, the portion of the recognised course of study in respect of which the allow- ance was awarded commences, and ending— (a) on the Sunday of the last week on which the last exam- ination of the course in that year is conducted; or at the end of the week during which, in the opinion of the chief executive, that portion ends, if that portion ends without any examination of the student.
(1A) Despite subclause (1), if the application for the basic grant or independent circumstances grant was received more than 7 days after the commencement of the portion of the recognised course of study (being a portion that commences on or after 1 January 2005), a basic grant or independent circumstances grant must not be paid for any period before the beginning of the week in which the application was received unless the application has been brought within any extended time for the application to be made given under regulation 40(7).
(1B) The period for which a basic grant or independent circum- stances grant to which subclause (1A) applies must be paid commences with— (a) the beginning of the week in which the application for it is received; or if the application for it is brought within any extended time allowed under regulation 40(7), on the same day on which payment would have commenced under sub- clause (1).
(b) (2) Despite subclause (1), the chief executive may extend or re- duce by such number of weeks as the chief executive thinks fit the period in any year for which payments under a basic grant or an independent circumstances grant are made, in any 36 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 4 r 24 particular case or class or classes of case, to provide for any variation in the course prescribed by the principal of any sec- ondary school or the governing body of any tertiary provider.
Compare: SR 1991/295 r 21(1) Regulation 23(1A): inserted, on 7 October 2004, by regulation 7 of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).

Regulation 23(1B): inserted, on 7 October 2004, by regulation 7 of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
24 (1) Amount of accommodation benefit and period for which benefit payable The amount of an accommodation benefit per week is the amount, not exceeding the applicable weekly value of the benefit specified in Schedule 3, that may be determined in any case in accordance with guidelines issued from time to time by the chief executive.

(3) (2) Any guidelines issued under subclause (1) may make provi- sion for the payment of different rates in different regions, and for different types of accommodation.
Before issuing any guidelines under subclause (1), the chief executive must consider such information as is reasonably available to the chief executive about accommodation costs in different regions and for different types of accommodation.

Payments under an accommodation benefit must be made for a period commencing not earlier than the date the chief execu- tive specifies, which date must not precede the date payments are made under the student’s basic grant or independent cir- cumstances grant.
(4) (5) Despite subclause (1), an amount of accommodation benefit is not payable to a student for a week for which the value of the basic grant or independent circumstances grant payable to the student is reduced to nil because of the student’s personal income for the week.

Compare: SR 1991/295 r 35 Regulation 24(1): amended, on 1 October 2002, by regulation 6 of the Student Allowances Amendment Regulations (No 2) 2002 (SR 2002/257).
Regulation 24(5): added, on 1 September 2005, by regulation 12 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

37 Part 4 r 25 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 25 Payment of A-Bursaries and B-Bursaries [Revoked] Regulation 25: revoked, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 6(3) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
26 Payments may be made where work undertaken outside New Zealand (1) Where the chief executive is satisfied that it is desirable for the recipient of an allowance continued by regulation 3(a) to (e) to undertake any work outside New Zealand, the chief executive may declare specified work intended to be done by that student outside New Zealand to be a full-time course in respect of that student only; and payments may be made to that student while he or she is carrying out that work outside New Zealand.
Subclause (3) applies where the chief executive is satisfied that it is necessary or desirable for the recipient of an allowance continued by regulation 3(a) to (c) to undertake a short course of study overseas to augment— (a) (2) a full-time course that that recipient is undertaking in New Zealand as part of a programme; or a full-time course that— (i) does not constitute the completion of the pro- gramme of which it forms part; but has been satisfactorily completed by the recipient in New Zealand.
(ii) (b) (3) Where subclause (2) applies, the chief executive of the Min- istry of Education may, for the purposes of this subclause, de- clare that course to be associated with that programme and that recipient may be paid an allowance continued by regulation 3(a) to (c) to the same extent as would be appropriate if that course, and all travel reasonably necessary to enable that re- cipient to undertake that course, were part of that programme and being undertaken at the tertiary provider at which the re- cipient is enrolled in that programme.
Compare: SR 1991/295 r 6 38 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 5 r 29 Part 5 Suspension of allowances 27 No payment if income limit exceeded [Revoked] Regulation 27: revoked, on 1 September 2005, by regulation 13 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).
Suspension of allowances during detention in prison 28 (1) A student who is imprisoned or detained in a prison, as de- fined in section 3(1) of the Corrections Act 2004, pursuant to a sentence of imprisonment, preventive detention, or correct- ive training is not entitled to receive any payment under these regulations in respect of any period of any such imprisonment or detention.
[Revoked] Compare: SR 1991/295 r 47 (2) Regulation 28 heading: amended, on 1 June 2005, by section 207 of the Cor- rections Act 2004 (2004 No 50).

Regulation 28(1): amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).

Regulation 28(2): revoked, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 6(3) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
29 (1) Suspension of certain allowances for failure to attend or perform work Subject to regulation 17, if any student— (a) fails to attend regularly for classes appropriate to his or her course of study; or fails to submit the work required by the teachers or lec- turers of that course or any part of it,— (b) the chief executive may order the suspension of any allowance continued by regulation 3(a) to (c) which is received by the student for that course.
(2) Where the chief executive orders the suspension of any allow- ance under this regulation, the student ceases to be entitled to that allowance, and it must be suspended at the end of the week during which the chief executive so orders.
39 Part 5 r 30 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (3) Where an allowance is suspended under this regulation, the chief executive may reinstate that allowance in the year of its suspension if, in that year, the recipient resumes meeting the requirements of the course of study which he or she is under- taking.
Compare: SR 1991/295 r 26 30 (1) Suspension of certain allowances for failure of full-time course of study (other than secondary instruction) Subject to regulations 12(2) and 17 and this regulation, an al- lowance continued by regulation 3(a) to (e) must be suspended if the amount of work (if any) passed by the recipient in the most recent course of study for which an allowance was paid (the relevant course) was, in the opinion of the chief execu- tive, equivalent to half of or less than half of a full-time course.
(2) Where— (a) the chief executive is satisfied that the failure of the re- cipient of an allowance continued by regulation 3(a) to (e) to pass the required proportion of a full-time course is due to reasons beyond the recipient’s control; or the recipient of an allowance continued by regulation 3(a) to (e) awarded in respect of a Masters degree has not completed the degree due to reasons beyond the re- cipient’s control,— (b) the chief executive may direct that that allowance should not be suspended despite the amount of work the recipient has passed in the relevant course; and, in that case, that allowance may not be suspended merely because of the work passed by that recipient in the relevant course.
(3) Where the chief executive gives a direction under subclause (2), the chief executive may also direct that the recipient of the allowance concerned may receive payments under that allow- ance for such further period as the chief executive specifies which may exceed the maximum period of eligibility for an allowance continued by regulation 3(a) to (c), allowed under regulation 20(1)(b).

(4) Nothing in this regulation applies to secondary students.
Compare: SR 1991/295 r 31 40 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 5 r 33 Regulation 30 heading: amended, on 1 October 2010, by regulation 11(1) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 30(1): amended, on 19 January 2007, by regulation 6(1)(a) of the Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).
Regulation 30(1): amended, on 19 January 2007, by regulation 6(1)(b) of the Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).

Regulation 30(2): amended, on 19 January 2007, by regulation 6(2) of the Stu- dent Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).

Regulation 30(3): amended, on 1 October 2010, by regulation 11(2) of the Stu- dent Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).
31 Suspension of certain allowances for failure to give statement If a student awarded an allowance continued by regulation 3(a) to (c) does not give the chief executive a statement in accord- ance with regulation 16, the chief executive must suspend the allowance.
Reinstatement of certain allowances 32 (1) A student whose allowance has been suspended under regula- tion 30 is entitled to have it reinstated if the student satisfies the chief executive that he or she has, since the suspension, passed work that is or forms part of a course of study that is, in the opinion of the chief executive, equivalent to more than half of the work of a full-time course.
(2) A student whose allowance has been suspended under regu- lation 31 will be entitled to have it reinstated if the student satisfies the chief executive that he or she has, since the sus- pension, rectified the failure to give a statement in accordance with regulation 16.

(3) Nothing in subclause (1) applies to secondary students.

(4) Nothing in subclause (1) applies to any allowance continued under regulation 3(d) or (e).
Compare: SR 1991/295 r 32 Postponement of course of study 33 (1) Where— (a) the recipient of an allowance continued by regulation 3(a) to (c) has, with the consent of the chief executive, postponed his or her course of study; and 41 Part 5 r 34 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (b) (c) before postponing that course he or she had success- fully completed work that is, in the opinion of the chief executive, equivalent to at least more than half of that part of the work of the course of study that was offered before that postponement and in respect of which the allowance concerned was awarded; and that recipient resumes the course of study concerned at approximately the same point at a subsequent time and at a similar point in the course at which it was post- poned,— then, only the weeks that the student was attending the course count as part of the maximum period of eligibility for an allow- ance continued by regulation 3(a) to (c), allowed under regu- lation 20(1)(a) or, if applicable, 20(1)(b).
(1A) Subclause (1) is subject to regulation 47A(f) (which relates to an application after 30 September 2010 for an allowance for a course commencing before 1 January 2011).

(2) Nothing in subclause (1) entitles the recipient of an allowance continued by regulation 3(a) to (c) which is awarded in respect of a course of study postponed under that subclause to be paid that allowance for any period between the postponement of that course and its resumption.
Compare: SR 1991/295 r 33 Regulation 33(1): amended, on 1 October 2010, by regulation 12(1) of the Stu- dent Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 33(1A): inserted, on 1 October 2010, by regulation 12(2) of the Stu- dent Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).
34 (1) Suspension of certain allowances due to tertiary provider losing accreditation If a tertiary provider loses its accreditation or course approval under the Act, allowances continued by regulation 3(a) to (c) which are received by students undertaking approved courses at that tertiary provider are suspended.
(2) Any allowance suspended under subclause (1) will be rein- stated if that accreditation or course approval is granted again before the end of the same academic year or before such time as the chief executive may determine.

42 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 6 r 36 (3) Despite subclause (1), the chief executive may, at his or her discretion, decide that a student should not lose an allowance under this regulation.
35 Suspension of certain allowances due to injury, sickness, or holidays (1) Where a student does not attend a secondary school or tertiary provider for a period exceeding 2 weeks because of injury or sickness, the chief executive may suspend the payment of any allowance continued by regulation 3(a) to (c) until that student resumes meeting the requirements of the course of study which he or she is undertaking.
(2) Where a student who is not on study leave does not attend any course conducted at a secondary school or tertiary provider for a period of more than 3 weeks, because of a break in tuition at the secondary school or tertiary institution, the payment of any allowance continued under regulation 3(a) to (c) must be suspended until the staff of the secondary school or tertiary institution resume teaching a course in which the student is enrolled, unless the chief executive permits payment to con- tinue.
Part 6 Appeals 36 (1) (2) Lodging of appeals Every appeal must be by notice in writing lodged with the Authority within 21 days after the decision appealed against, or such longer period as the Authority in any case allows.

Every such notice must— (a) be signed by the appellant or a person authorised by the appellant to act on his or her behalf; and specify the decision appealed against; and provide an address for the sending of communications in connection with the appeal.
(b) (c) Compare: SR 1991/295 r 40 43 Part 6 r 37 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 37 (1) Relevant chief executive or Minister of Education to be given copies of notices of appeal Immediately after the lodgement of a notice of appeal, the Au- thority must send a copy of that notice to the chief executive of the department of State who made the decision appealed against, or to the Minister of Education, if that Minister made the decision appealed against.
(2) As soon as possible after receiving a copy of any notice of appeal, the relevant chief executive, or the Minister of Educa- tion, as the case may require, must send to the Authority— (a) all applications, documents, written submissions, state- ments, reports, and other papers relating to the decision appealed against, that are in the possession or under the control of the relevant chief executive, or the Minister of Education; and a copy of the decision appealed against; and a report setting out the matters to which the relevant chief executive or the Minister of Education had regard in making the decision appealed against; and a statement of any other matters that the relevant chief executive or the Minister of Education wishes to draw to the attention of the Authority.
(b) (c) (d) (3) Immediately after receiving a report under subclause (2)(c), the Authority must send a copy of it, and of any statement under subclause (2)(d), to the appellant concerned.

(4) An appellant may send to the Authority— (a) (b) any comments the appellant has on the report, and on any statement, a copy of which has been sent to the appellant under subclause (3); or notice that the appellant wishes to discontinue the ap- peal; and, in that case, the appeal will be discontinued.
The Authority must not determine any appeal until the expir- ation of 14 days after the date on which a copy of the report under subclause (2)(c) was sent to the appellant.
(5) (6) Where, before an appeal is decided, the Authority receives from the appellant comments sent to the Authority under sub- clause (4)(a),— (a) the Authority must immediately send a copy to the rele- vant chief executive or to the Minister of Education, as 44 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 6 r 39 the case may require, who, as soon as possible, must send to the Authority either any comments he or she wishes to make on those comments or a new decision; and the Authority must not determine the appeal concerned until the expiration of 14 days after the date on which the copy was sent to the relevant chief executive or to the Minister of Education, as the case may require.
(b) (7) Where, under subclause (6)(a), the relevant chief executive or the Minister of Education sends the Authority a new de- cision,— (a) (b) without affecting the appellant’s right to appeal against the new decision, the appeal against the old decision is considered to have been discontinued.
he or she must also send a copy to the appellant; and Compare: SR 1991/295 r 41 38 (1) (2) Evidence The Authority has full discretionary power to request further written evidence from any appellant on questions of fact, and may require any such evidence to be verified by statutory dec- laration.
In the exercise of its powers the Authority may receive as evi- dence any statement, document, information, or matter, that, in its opinion, may assist it to deal with any matter before it, whether or not the same would be admissible in a court of law.
Compare: SR 1991/295 r 42 39 Matters to which Authority to have regard (1) In reaching any decision, the Authority must have regard to— (a) (b) the notice of appeal concerned; and all documents sent to the authority under regulation 37(2) or (4) or (6); and all evidence received by it— (c) whether or not that notice, those documents, or that evidence, or any part of it or them, would be admissible in a court of law.
45 Part 7 r 40 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (2) On the determination of an appeal, the Authority must notify the chief executive and the appellant, in writing, of the Au- thority’s decision and the reasons for it.
Compare: SR 1991/295 r 43 Part 7 Administration (3) (2) Applications 40 (1) Any person who, in any year, is enrolled or proposes to apply for enrolment in a recognised course of study at a secondary school or a tertiary provider may apply to the chief executive, on a form approved by the chief executive for the purpose, for an allowance continued by regulation 3(a) to (e) to be awarded to him or her in respect of that course.
Every applicant for an allowance must forward the application to the chief executive.

The chief executive may require any applicant for the award of an allowance, before being awarded that allowance, to make a statement or to provide information in some other form as to any matters that, under these regulations, are conditions prece- dent to the award of that allowance to that applicant.
(4) Where a statement or information has been required under sub- clause (3), unless the chief executive is satisfied that there are special circumstances justifying a delay in the provision of that statement or information beyond the applicable date specified in paragraph (a) or paragraph (b), the applicant must provide that statement or information to the chief executive— (a) on or before 31 December, in the year in which the ap- plication is made; or if the portion of the recognised course of study for which the student applied for the allowance commences on or after 1 January 2005, before that portion of the course ends.
(b) (5) Where a statement or information or evidence has been re- quired under subclause (3) or regulation 4(2)(b), the appli- cant— 46 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 7 r 41 (a) must not be awarded that allowance until he or she has made that statement or has provided that information or supplied that evidence; and (b) must not be awarded that allowance if he or she has made that statement or has provided that information or supplied that evidence, as the case may require, after the date by which the applicant was required to provide it.
(6) Except in the circumstances described in subclause (7), where a student would, but for his or her omission to make an appli- cation, become entitled to receive an allowance continued by regulation 3(a) to (e) during his or her course of study, his or her application may be considered only if it is made within 60 days of the day on which he or she would become so entitled.
(6A) Subclause (6) applies only in respect of an application made by a student in respect of a portion of a course of study that commences before 1 January 2005.

The chief executive may extend the time allowed for applying for an allowance continued by regulation 3(a) to (e) if he or she is satisfied that in the particular case there are special cir- cumstances warranting an extension of time.
Compare: SR 1991/295 r 3 (7) Regulation 40(4): substituted, on 7 October 2004, by regulation 9(1) of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).

Regulation 40(6A): inserted, on 7 October 2004, by regulation 9(2) of the Stu- dent Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
41 (1) (2) Notification of change in student’s circumstances affecting entitlement If there occurs in the circumstances of the recipient of an al- lowance continued by regulation 3(a) to (c) any change of such a nature that it affects or may affect the recipient’s entitlement to that allowance, the rate at which it is paid, or payment of it, he or she must, without delay, give notification of that change to the chief executive.
The recipient of an allowance continued by regulation 3(a) to (c) must notify the chief executive of— (a) any change of residence by the recipient; and 47 Part 7 r 42 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (b) any commencement of residence by the recipient with the recipient’s parents.
Compare: SR 1991/295 r 27 42 (1) (2) Form of statement for continuing eligibility for certain allowances The chief executive may specify from time to time the form of the statement required to be given under regulation 16 in order to maintain continuing eligibility for an allowance continued by regulation 3(a) to (c).
The form of statement specified under subclause (1) may in- clude any information considered by the chief executive to be relevant to determining the recipient’s entitlement to receive an allowance continued under regulation 3(a) to (c), the rate at which it is paid, or the payment of it.
Part 8 General 42A Relationship status for student allowance purposes For the purposes of determining any application for any allow- ance continued by regulation 3(a) to (c), or of reviewing any allowance already granted, or of determining the rate of any allowance, the chief executive— (a) may regard as single any applicant or student who is married or in a civil union but is— (i) estranged from his or her spouse or civil union partner; and lives apart from that person; and (ii) (b) may determine a date on which they are to be regarded as having commenced to live apart; and (c) may then, in the chief executive’s discretion, grant an allowance, refuse to grant an allowance, or terminate, reduce, or increase any allowance already granted, from that date accordingly.
Regulation 42A: inserted, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 7 of the Student Al- lowances Amendment Regulations (No 3) 2006 (SR 2006/356).
48 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 8 r 44 43 Calculation of personal income Where the personal income or combined income of a person for a week is required to be calculated for the purposes of these regulations, and the amount for the week of the personal in- come or, as the case requires, the combined income cannot be readily ascertained (for example, because the person or spouse or partner is self-employed), that income may be calculated by the chief executive by— (a) dividing the person’s total personal or combined in- come, as the case may require, over a period of such number of weeks specified by the chief executive (not exceeding 52) by the number of weeks in that period; and deducting from the figure derived from paragraph (a) such items, if any, that the chief executive is satisfied are likely to reduce that income, or combined income, as the case may require; and adding to the figure derived from paragraph (a), such items, if any, that the chief executive is satisfied are likely to increase that income, or combined income, as the case may require.
(b) (c) Regulation 43: amended, on 1 September 2005, by regulation 14(a) of the Stu- dent Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Regulation 43: amended, on 1 September 2005, by regulation 14(b) of the Stu- dent Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Regulation 43: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Regulation 43: amended, on 7 October 2004, by regulation 10 of the Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299).
Deprivation of income 44 (1) Despite any thing to the contrary in these regulations, the chief executive may, in any particular case, in respect of any allow- ance continued by regulation 3(a) to (c),— terminate the allowance; or (a) reduce the allowance; or (b) (c) grant the allowance at a reduced rate— if the chief executive is satisfied that the applicant or any par- ent, spouse, or partner of the applicant has directly or indi- rectly deprived himself or herself of any income resulting in 49 Part 8 r 45 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 the applicant becoming eligible for that allowance or payment of that allowance at an increased rate.
In this regulation, income means,— (a) (b) in the case of an applicant, personal income: in the case of the spouse or partner of an applicant, spousal or partner’s income: (c) in the case of a parent of an applicant, parental income.
Regulation 44(1): amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the al- lowance was first payable to students before, on, or after that date)), by regula- tion 7(1) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).
Regulation 44(1): amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the al- lowance was first payable to students before, on, or after that date)), by regula- tion 7(2) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).
Regulation 44(2): added, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regulation 7(3) of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).
Review of certain allowances The chief executive may from time to time review any allow- ance continued by regulation 3(a) to (c) in order to ascertain— whether the recipient of the allowance is entitled to re- (a) ceive it; or (b) whether the recipient of the allowance may not be, or may not have been entitled to receive that allowance, or the rate of allowance that is or was payable to the recipient of the allowance.
If, after reviewing an allowance, the chief executive is satis- fied that the recipient of the allowance is no longer or was not entitled to receive the allowance or is or was entitled to receive it at a different rate, the chief executive may suspend, termin- ate, or vary the rate of that allowance from such date as the chief executive reasonably determines.
If, after reviewing an allowance, the chief executive consid- ers that the recipient of the allowance is more appropriately entitled to receive some other allowance, the chief executive may, in his or her discretion, cancel the allowance and grant (2) 45 (1) (2) (3) 50 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 8 r 47 the recipient of that allowance another type of allowance, com- mencing from the date of cancellation.
46 (1) Certain allowances to be inalienable Except as provided in any other enactment, a student who re- ceives an allowance continued by regulation 3(a) to (c) may not— (a) (b) assign the allowance: permit the allowance to be made the subject of a charge.

(2) Where a student contravenes subclause (1), the chief executive may, in respect of any allowance continued under regulation 3(a) to (c) that is received by the student,— (a) (b) terminate the allowance; or reduce the allowance.
47 (1) (2) (3) Transitional provision Subject to this regulation, these regulations apply in respect of an application for an allowance made on or after 1 October 1998 in respect of a course of study commencing on or after 1 January 1999.
In the case of a student enrolled at any time in 1998 in a course of study which expires during 1998, the Student Al- lowances Regulations 1991, the Student Allowances Notice 1995 (SR 1995/70), and the Education (Student Allowances) Notice 1998 (SR 1998/51) continue in force and apply to that student until the expiry of that course.
The Student Allowances Regulations 1991 apply in respect of an application for an allowance in respect of a course of study commencing before 1 January 1999 and expiring on or after 1 January 1999.
(4) Where a student is awarded an allowance in circumstances where subclause (3) applies, the Student Allowances Regula- tions 1991, the Student Allowances Notice 1995, and the Edu- cation (Student Allowances) Notice 1998 continue in force and continue to apply to that student after the close of 31 De- cember 1998, until— (a) there is a change in the circumstances of the student; or 51 Part 8 r 47A Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (b) (c) (d) the student’s parental income is reassessed under regu- lation 5 of these regulations; or the student makes an application in accordance with regulation 40 of these regulations, in respect of a course of study; or the student would have been required to make a further application for an allowance in respect of a course of study under regulation 40, if the allowance awarded under the Student Allowance Regulations 1991 had been awarded under these regulations.
(5) Where paragraph (a), or (b), or (c), or (d) of subclause (4) ap- plies to any student, these regulations apply in respect of that student, instead of the Student Allowance Regulations 1991, the Student Allowances Notice 1995, and the Education (Stu- dent Allowances) Notice 1998.
(6) Despite subclause (4), a student to whom that subclause ap- plies may receive the rate of allowance prescribed under these regulations if it exceeds the rate payable under the Student Al- lowances Notice 1995 or the Education (Student Allowances) Notice 1998, as a consequence of any amendment to these regulations increasing the prescribed value of an allowance.
(7) Despite anything in these regulations, a student to whom this regulation applies may not receive any payments under an al- lowance for a period of greater than 52 weeks, unless he or she is again awarded an allowance as a consequence of an appli- cation or further application under these regulations.
(8) Despite anything in these regulations, a student who satisfies the requirements of regulation 9(1) of the Student Allowances Regulations 1991, but does not satisfy the requirements of regulation 12(1) of these regulations may apply for or receive an allowance until the close of 31 December 1998, but ceases to be eligible to receive an allowance on and from 1 January 1999.
Compare: SR 1991/295 r 51 47A Applications on or after 1 October 2010 for allowances for courses commencing before 1 January 2011 An application made on or after 1 October 2010 for an allow- ance in respect of a course of study commencing before 1 Janu- 52 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Part 8 r 48 ary 2011, despite any other provision of these regulations to the contrary,— (a) is not subject to regulation 12(1)(a)(iv) but is subject to regulation 12(1)(a) as in force immediately before it was amended by regulation 4 of the Student Allowances Amendment Regulations (No 2) 2010: is not subject to regulation 13(2) but is subject to regu- lation 13 as in force immediately before it was amended by regulation 6 of the Student Allowances Amendment Regulations (No 2) 2010: is not subject to regulation 20(1) to (7) but is subject to the regulation 20 revoked on 1 October 2010 by regu- lation 8 of the Student Allowances Amendment Regu- lations (No 2) 2010: is not subject to regulation 21(1) and (2) but is sub- ject to regulation 21 as in force immediately before it was amended by regulation 9 of the Student Allowances Amendment Regulations (No 2) 2010: is not subject to regulation 22(1) and (2) but is subject to regulation 22 as in force immediately before it was amended by regulation 10 of the Student Allowances Amendment Regulations (No 2) 2010: is not subject to regulation 33(1) but is subject to regulation 33(1) as in force immediately before it was amended by regulation 12 of the
 Student Allowances Amendment Regulations (No 2) 2010.
(b) (c) (d) (e) (f) Regulation 47A: inserted, on 1 October 2010, by regulation 13 of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 47A(a): amended, immediately after 2 am on 29 November 2010, by regulation 14 of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).
Previous allowances 48 (1) Where a student has been paid a basic grant, independent cir- cumstances grant, or accommodation benefit in any year be- fore 1 January 1999, the following provisions apply for the purpose of calculating the continuing entitlement (if any) of that student for an allowance continued by regulation 3(a) to (c): 53 Part 8 r 49 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 (a) (b) any course of 1 academic year (37 weeks or more) must be treated as 40 weeks: any course of less than 1 academic year (12 weeks to 36 weeks) must be treated as the number of actual weeks the student was paid an allowance.
(2) Despite subclause (1), where a student has been paid a basic grant, independent circumstances grant, or accommodation benefit in any year before 1 January 1999, solely in respect of a course of study undertaken at a secondary school, the period during which the student was paid an allowance must be dis- regarded for the purposes of determining the continuing en- titlement (if any) of that student to an allowance continued by regulation 3(a) to (c).
49 Revocations The regulations specified in Schedule 4 are revoked.

Compare: SR 1991/295 r 52 Schedule 1 Reassessment of annual parental income [Revoked] r 5(1) Schedule 1: revoked, on 1 September 2007 (applying in relation to the as- sessment and payment of allowances to students for weeks starting on or after 1 January 2008), by regulation 6 of the Student Allowances Amendment Regu- lations (No 2) 2007 (SR 2007/253).
Schedule 2 Amounts of certain grants r 18 Schedule 2: substituted, on 1 September 2005, by regulation 16 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

Part 1 Basic grant Schedule 2 Part 1: substituted, on 1 September 2005, by regulation 16 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).
54 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Schedule 2 Part 1—continued Subpart 1—Married and partnered students Schedule 2 subpart 1: substituted, on 1 September 2005, by regulation 16 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

1 (1) Combined income not more than $416.00 for week The table sets out the value of a basic grant payable for a week to a married or partnered student whose combined income for the week is not more than $416.00.
Item 1 2 3 4 Circumstances The student’s spouse or partner is not enrolled in more than half of a full-time course The student’s spouse or partner is enrolled in more than half of a full-time course but does not receive, and is not eligible for, a grant; and the student has 1 or more supported children The student’s spouse or partner is enrolled in more than half of a full-time course but does not receive, and is not eligible for, a grant; and the student is childless The student’s spouse or partner is enrolled in more than half of a full-time course and re- ceives, or is eligible for, a grant Value ($) 393.74 335.18 230.40 192.00 (2) However, if the student’s personal income exceeds $208.00 for the week, the value of the basic grant for the week is reduced by an amount equalling the excess.
(2A) [Revoked] Schedule 2 clause 1 heading: amended, on 1 April 2013 (applying to student allowances payable on and after that date), by regulation 4 of the Student Al- lowances Amendment Regulations 2013 (SR 2013/23).

Schedule 2 clause 1(1): amended, on 1 April 2013 (applying to student allow- ances payable on and after that date), by regulation 4 of the Student Allowances Amendment Regulations 2013 (SR 2013/23).
Schedule 2 clause 1(1) table: substituted, on 1 October 2010, by regulation 15 of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Schedule 2 clause 1(1) table: amended, on 1 April 2013 (applying to student allowances payable on and after that date), by regulation 4 of the Student Al- lowances Amendment Regulations 2013 (SR 2013/23).
Schedule 2 clause 1(2): amended, on 1 April 2013 (applying to student allow- ances payable on and after that date), by regulation 4 of the Student Allowances Amendment Regulations 2013 (SR 2013/23).

55 Schedule 2 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Part 1—continued Subpart 1—continued Schedule 2 clause 1(2A): revoked, on 1 April 2009, by regulation 5 of the Stu- dent Allowances Amendment Regulations 2009 (SR 2009/22).
2 (1) Combined income between $416.00 and $866.53 for week The table sets out the value of a basic grant payable for a week to a married or partnered student whose combined income for the week is more than $416.00.
Item 1 2 Circumstances The student is not living with his or her spouse or partner The student is living with his or her spouse or partner Value ($) 124.00 83.24 (2) However, if the student’s personal income exceeds $208.00 for the week, the value of the basic grant for the week is reduced by an amount equalling the excess.

(2A) [Revoked] (3) Despite subclause (1), the basic grant is not payable for the week if the student’s combined income for the week is $866.53 or more.
Schedule 2 clause 2 heading: substituted, on 1 April 2010, by regulation 5 of the Student Allowances Amendment Regulations 2010 (SR 2010/29).

Schedule 2 clause 2 heading: amended, on 1 April 2013 (applying to student allowances payable on and after that date), by regulation 4 of the Student Al- lowances Amendment Regulations 2013 (SR 2013/23).
Schedule 2 clause 2(1): amended, on 1 April 2013 (applying to student allow- ances payable on and after that date), by regulation 4 of the Student Allowances Amendment Regulations 2013 (SR 2013/23).

Schedule 2 clause 2(1) table: substituted, on 1 October 2010, by regulation 15 of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).
Schedule 2 clause 2(1) table: amended, on 1 April 2013 (applying to student allowances payable on and after that date), by regulation 4 of the Student Al- lowances Amendment Regulations 2013 (SR 2013/23).

Schedule 2 clause 2(2): amended, on 1 April 2013 (applying to student allow- ances payable on and after that date), by regulation 4 of the Student Allowances Amendment Regulations 2013 (SR 2013/23).
Schedule 2 clause 2(2A): revoked, on 1 April 2009, by regulation 5 of the Stu- dent Allowances Amendment Regulations 2009 (SR 2009/22).

Schedule 2 clause 2(3): amended, on 1 April 2013 (applying to student allow- ances payable on and after that date), by regulation 4 of the Student Allowances Amendment Regulations 2013 (SR 2013/23).
56 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Schedule 2 Part 1—continued Subpart 2—Single students Schedule 2 subpart 2: substituted, on 1 September 2005, by regulation 16 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

3 (1) Basic grant for week for single students The table sets out the value of a basic grant payable for a week to a single student.
Item 1 Circumstances The student has 1 or more supported children 2 3 4 5 The student is 24 or older, childless, and not living in a parental home The student is 24 or older, childless, and living in a parental home The student is under 24, childless, and not liv- ing in a parental home The student is under 24, childless, and living in a parental home Value ($) 335.18 230.40 184.31 192.00 153.60 (2) However, if the student’s personal income exceeds $208.00 for the week, the value of the basic grant for the week is reduced by an amount equalling the excess.
(2A) [Revoked] (3) Despite subclause (1), if the student is childless and under 24, and the weekly parental income of the student’s parents or par- ent exceeds $1,058.23 for the week, the value of the basic grant for the week is reduced by 27.93296% of that excess.

(a) (b) (c) If both subclauses (2) and (3) apply, the reduction under sub- clause (2) occurs after the reduction under subclause (3).
Schedule 2 clause 3(1) table: substituted, on 1 October 2010, by regulation 15 of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

[Revoked] [Revoked] [Revoked] (4) Schedule 2 clause 3(1) table: amended, on 1 April 2013 (applying to student allowances payable on and after that date), by regulation 4 of the Student Al- lowances Amendment Regulations 2013 (SR 2013/23).
Schedule 2 clause 3(2): amended, on 1 April 2013 (applying to student allow- ances payable on and after that date), by regulation 4 of the Student Allowances Amendment Regulations 2013 (SR 2013/23).

57 Schedule 2 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Part 1—continued Subpart 2—continued Schedule 2 clause 3(2A): revoked, on 1 April 2009, by regulation 5 of the Stu- dent Allowances Amendment Regulations 2009 (SR 2009/22).
Schedule 2 clause 3(3): amended, on 1 April 2011, by regulation 5 of the Stu- dent Allowances Amendment Regulations 2011 (SR 2011/18).

Schedule 2 clause 3(3): amended, on 1 October 2008, by regulation 9 of the Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282).

Schedule 2 clause 3(3): amended, on 19 January 2007, by regulation 7(a) of the Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).
Schedule 2 clause 3(3)(a): revoked, on 19 January 2007, by regulation 7(b) of the Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).

Schedule 2 clause 3(3)(b): revoked, on 19 January 2007, by regulation 7(b) of the Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).

Schedule 2 clause 3(3)(c): revoked, on 19 January 2007, by regulation 7(b) of the Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379).
Part 2 Independent circumstances grant Schedule 2 Part 2: substituted, on 1 September 2005, by regulation 16 of the Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254).

4 (1) Independent circumstances grant for week The value of an independent circumstances grant payable for a week to a student is $192.00.

(2) However, if the student’s personal income exceeds $208.00 for the week, the value of the independent circumstances grant for the week is reduced by an amount equalling the excess.
(2A) [Revoked] Schedule 2 clause 4(1): substituted, on 1 October 2010, by regulation 15 of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Schedule 2 clause 4(1): amended, on 1 April 2013 (applying to student allow- ances payable on and after that date), by regulation 4 of the Student Allowances Amendment Regulations 2013 (SR 2013/23).
Schedule 2 clause 4(2): amended, on 1 April 2013 (applying to student allow- ances payable on and after that date), by regulation 4 of the Student Allowances Amendment Regulations 2013 (SR 2013/23).

Schedule 2 clause 4(2A): revoked, on 1 April 2009, by regulation 5 of the Stu- dent Allowances Amendment Regulations 2009 (SR 2009/22).
58 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Schedule 2 Part 3 Bursaries [Revoked] Schedule 2 Part 3: revoked, on 15 December 2006 (applying in respect of allow- ances payable on and after 1 January 2007), by regulation 6(4) of the Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
5 6 A-Bursary for year [Revoked] Schedule 2 clause 5: revoked, on 15 December 2006 (applying in respect of allowances payable on and after 1 January 2007), by regulation 6(4) of the Stu- dent Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).

B-Bursary for year [Revoked] Schedule 2 clause 6: revoked, on 15 December 2006 (applying in respect of allowances payable on and after 1 January 2007), by regulation 6(4) of the Stu- dent Allowances Amendment Regulations (No 3) 2006 (SR 2006/356).
59 Schedule 3 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Schedule 3 Weekly value of accommodation benefits rr 18(3), 24 Schedule 3: substituted, on 1 October 2002, by regulation 7 of the Student Allowances Amendment Regulations (No 2) 2002 (SR 2002/257).
Part 1 Academic year commencing 1 January 2002 Allowance Weekly value Accommodation benefit payable dur- ing the academic year commencing 1 January 2002 A maximum of $40 per week Schedule 3 Part 1: substituted, on 1 October 2002, by regulation 7 of the Student Al- lowances Amendment Regulations (No 2) 2002 (SR 2002/257).
Part 2 Academic year commencing 1 January 2003 and subsequent academic years Allowance Weekly value Accommodation benefit payable dur- ing the academic year commencing on 1 January 2003 and subsequent academic years For a single student with a supported child or children, a maximum of $60 per week For any other student, a maximum of $40 per week Schedule 3 Part 2: substituted, on 1 October 2002, by regulation 7 of the Student Al- lowances Amendment Regulations (No 2) 2002 (SR 2002/257).
60 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Schedule 4 Regulations revoked r 49 Student Allowances Regulations 1991 (SR 1991/295) Student Allowances Regulations 1991, Amendment No 1 (SR 1992/336) Student Allowances Regulations 1991, Amendment No 2 (SR 1995/309) Student Allowances Amendment Regulations 1997 (SR 1997/34) Student Allowances Amendment Regulations (No 2) 1997 (SR 1997/311) Marie Shroff, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 24 September 1998.
61 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282) Anand Satyanand, Governor-General Order in Council At Wellington this 25th day of August 2008 Present: His Excellency the Governor-General in Council Pursuant to section 303 of the Education Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Regulations Title These regulations are the Student Allowances Amendment Regulations (No 2) 2008.

Commencement Regulation 8 and Schedule 1 are deemed to have come into force on 1 April 2008.

Regulations 6(1) and 9 and Schedule 2 come into force on 1 October 2008.

Regulations 4, 5, 6(2), 7, 10, and 11 and Schedule 3 come into force on 1 January 2009.

The rest of these regulations come into force on the day after the date of their notification in the Gazette.
Transitional provision Subclause (2) applies to any student who— 1 2 (1) (2) (3) (4) 11 (1) 62 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 (a) (b) is partway through a course of study as at 1 January 2009; and either— (i) (ii) is aged 24; or is under the age of 24 and has a sibling aged 24 who is studying.

(2) (3) The allowances payable to a student who meets the criteria in subclause (1) must not be reduced as a result only of the amendments made by regulations 4, 5, 7, and 10.
Subclause (2) applies only until the first of the following oc- curs— (a) (b) the student reaches the age of 25; or the period of study in respect of which the allowance is paid ends; or a change of circumstances makes the student eligible for a higher rate of entitlement under the principal regula- tions (as amended by these regulations).

(c) Rebecca Kitteridge, Clerk of the Executive Council.

Date of notification in Gazette: 28 August 2008.
63 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212) Jerry Mateparae, Governor-General Order in Council At Wellington this 6th day of August 2012 Present: His Excellency the Governor-General in Council Pursuant to section 303 of the Education Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Regulations Title These regulations are the Student Allowances Amendment Regulations (No 2) 2012.

Commencement These regulations, except as provided in subclause (2), come into force on 6 September 2012.

Regulations 8, 10, and 13 come into force on 1 January 2013.
Transitional arrangement for certain postgraduate students This regulation applies to a student— (a) who, during the year ending 31 December 2012, was en- rolled in a course of study leading to the completion of a programme (as that term was defined in the principal regulations before it was amended by regulations 5 and 1 2 (1) (2) 11 (1) 64 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 6 of these regulations), and who was granted an allow- ance in respect of that course of study, and who intends to re-enrol in that course of study for study commenc- ing on or after 1 January 2013; and (b) who, but for this regulation, would cease to be eligible for an allowance by reason only of the amendments made by regulations 5 and 6 of these regulations; and who, in the year ending 31 December 2012,— (i) had a supported child or supported children and continues to have the same supported child or supported children; or (c) (2) (3) 12 (1) (ii) was married to, or partnered with, a person and continues to be married to, or partnered with, the same person, whether with or without supported children.
If this regulation applies to a student at any time before the close of 31 December 2013, the eligibility of the student for an allowance must be assessed as if the term programme in the principal regulations had not been amended by regulations 5 and 6 of these regulations.

This regulation is revoked on 1 January 2014.


Continuation of certain approvals given in respect of part-time courses This regulation applies to a student who, before 31 Decem- ber 2012, had an allowance granted by reason of an approval given under regulation 12(2) of the principal regulations (as in force immediately before the commencement of regulation 8 of these regulations) on the ground set out in regulation 12(2)(a)(iii) (as so in force).
(2) An allowance may, before 1 January 2015, be paid to the stu- dent on the basis of the approval if,— (a) during the year ending 31 December 2013 and the year ending 31 December 2014, the student is enrolled in a course that is less than a full-time course; and the student otherwise qualifies for an allowance con- tinued by regulation 3(a) to (c).

This regulation is revoked on 1 January 2015.


(b) (3) 65 Student Allowances Regulations 1998 Reprinted as at 15 July 2013 13 Amendments consequential on revocation of regulations 21 and 22 and saving for approvals given under those regulations Amendment(s) incorporated in the regulations.

Amendment(s) incorporated in the regulations.


(1) (2) (3) Any approval given under regulation 21 or 22 (as in force im- mediately before their revocation by regulation 10 of these regulations) continues in effect according to its tenor.

Subclause (3) does not limit the Interpretation Act 1999.

(4) Michael Webster, for Clerk of the Executive Council.

Date of notification in Gazette: 9 August 2012.


66 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the Student Allowances Regulations 1998.
The reprint incorporates all the amendments to the regulations as at 15 July 2013, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 67 Notes Student Allowances Regulations 1998 Reprinted as at 15 July 2013 are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 4 68 Reprinted as at 15 July 2013 Student Allowances Regulations 1998 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
5 List of amendments incorporated in this reprint (most recent first) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13): sections 86, 97, 114, 129 Student Allowances Amendment Regulations 2013 (SR 2013/23) Student Allowances Amendment Regulations (No 2) 2012 (SR 2012/212) Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50): section 28(3) Student Loan Scheme Act 2011 (2011 No 62): section 224 Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288) Student Allowances Amendment Regulations 2011 (SR 2011/18) Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291) Accident Compensation Amendment Act 2010 (2010 No 1): section 5(1)(b) Student Allowances Amendment Regulations 2010 (SR 2010/29) Student Allowances Amendment Regulations (No 2) 2009 (SR 2009/191) 69 Notes Student Allowances Regulations 1998 Reprinted as at 15 July 2013 Immigration Act 2009 (2009 No 51): section 406(2) Student Allowances Amendment Regulations 2009 (SR 2009/22) Student Allowances Amendment Regulations (No 2) 2008 (SR 2008/282) Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109): section 305 Income Tax Act 2007 (2007 No 97): section ZA 2(1) Student Allowances Amendment Regulations (No 2) 2007 (SR 2007/253).
Student Allowances Amendment Regulations (No 4) 2006 (SR 2006/379) Student Allowances Amendment Regulations (No 3) 2006 (SR 2006/356) Student Allowances Amendment Regulations (No 2) 2006 (SR 2006/270) Housing Restructuring and Tenancy Matters (Information Matching) Amend- ment Act 2006 (2006 No 34): section 5(2)(j) Student Allowances Amendment Regulations (No 3) 2005 (SR 2005/254) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(2) Relationships (Statutory References) Act 2005 (2005 No 3): section 12 Student Allowances Amendment Regulations (No 2) 2005 (SR 2005/62) Student Allowances Amendment Regulations (No 2) 2004 (SR 2004/299) Social Security (Working for Families) Amendment Act 2004 (2004 No 51): section 21 Corrections Act 2004 (2004 No 50): section 207 Income Tax Act 2004 (2004 No 35): section YA 2 Student Allowances Amendment Regulations (No 2) 2003 (SR 2003/251) War Pensions Amendment Act 2003 (2003 No 18): section 12(2) Student Allowances Amendment Regulations (No 2) 2002 (SR 2002/257) Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22): section 7(4) 12 70 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013