Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836164340.pdf (New Zealand)
2004/299 Student Allowances Amendment Regulations (No 2) 2004 Pursuant to sections 303, 306, and 307 of the Education Act 1989, Her Excellency the Governor­General, acting on the advice and with the consent of the Executive Council, makes the following regula­ tions.
Contents Title Commencement Interpretation Eligibility for basic grant Eligibility for independent circumstances grant Student not eligible for certain allowances if eligible for other government study assistance Period for which certain allowances payable No payment if income limit exceeded Applications Calculation of personal income Table 7 of Schedule 2 substituted Schedule New table 7 substituted in Schedule 2 of principal regulations Page 1 2 2 5 5 5 6 6 6 7 7 7 1 (1) Title These regulations are the Student Allowances Amendment Regulations (No 2) 2004.
1 r 2 (2) 2 (1) (2) 3 (1) Student Allowances Amendment Regulations (No 2) 2004 2004/299 In these regulations, 19981 are called “the principal regulations”.

the Student Allowances Regulations Commencement These regulations, except regulation 11 and the Schedule, come into force on the 28th day after the date of their notiﬁ­ cation in the Gazette.

Regulation 11 and the Schedule come into force on 1 January 2005.
Interpretation The deﬁnition of personal income in regulation 2(1) of the principal regulations is amended: (a) by omitting the word “but”, and substituting the word “and”: by inserting, before paragraph (a), the following para­ graph: (b) “(aa) includes, on and after 1 January 2005, and for the purposes 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” (c) by inserting in paragraph (c)(iii), before the word “lump”, the words “except as provided in paragraph (aa),”: by inserting in paragraph (c)(v), before the word “amounts”, the words “except as provided in paragraph (aa),”.
(d) (2) Regulation 2(1) of the principal regulations is amended by re­ voking the deﬁnition of married, and substituting the follow­ ing deﬁnition: “married— “(a) means having a spouse; and 1 SR 1998/277 2 2004/299 Student Allowances Amendment Regulations (No 2) 2004 r 3 “(b) (3) 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)”.
Regulation 2(1) of the principal regulations is amended by re­ voking the deﬁnition of single, and substituting the following deﬁnition: “single— “(a) means not having a spouse; and “(b) for the avoidance of doubt, includes a person who is legally married but who does not have a spouse (as that term is deﬁned in this subclause)”.
Regulation 2(1) of the principal regulations is amended by re­ voking the deﬁnition of spouse, and substituting the following deﬁnition: (4) “spouse, in relation to an applicant for or the recipient of an allow­ ance,— “(a) in respect of an allowance applied for to undertake a portion of a recognised course of study commencing on or after 1 January 2005, means a person who is legally married to, or who is living in a relationship in the nature of marriage with, that applicant or recipient, if— “(i) “(ii) one or both of them are younger than 25 and at least 1 both of them are of or over 25; or of them has a supported child: “(b) in respect of an allowance (other than an independent circum­ stances grant) applied for to undertake a portion of a recog­ nised course of study commencing before 1 January 2005,— “(i) means a person who is legally married to that applicant “(ii) or recipient; and includes a person who is living in a relationship in the nature of marriage with that applicant or recipient if— “(A) both of them are of or over 25; or “(B) one or both of them are younger than 25 and at least 1 of them has a supported child”.
(5) Regulation 2(1) of the principal regulations is amended by in­ serting, in their appropriate alphabetical order, the following deﬁnitions: 3 r 3 Student Allowances Amendment Regulations (No 2) 2004 2004/299 “standard tax means the amount of income tax calculated on a weekly basis that is deductible in accordance with tax code ‘M’ stated in section NC 8 of the Income Tax Act 1994 “weekly parental income, in relation to any person, means the amount of parental income in relation to that person divided by 52”.
The deﬁnition of spousal income in regulation 2(1) of the (6) principal regulations is amended: (a) by omitting the word “but”, and substituting the word “and”: by inserting before paragraph (a), the following para­ graph: (b) “(aa) includes on and after 1 January 2005, and for the purposes of any assessment of eligibility undertaken before 1 January 2005 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 spouse from any bursary, grant, or scholarship; but” (c) by inserting in paragraph (c)(i), before the word “lump”, the words “except as provided in paragraph (aa),”: by inserting in paragraph (c)(iii), before the word “amounts”, the words “except as provided in paragraph (aa),”.
(d) (7) Paragraph (c)(iii) of the deﬁnition of supported child in regu­ lation 2(1) of the principal regulations is amended by omitting the words “or a transitional retirement beneﬁt under the Social Welfare (Transitional Provisions) Act 1990”.
(8) Despite subclauses (2) to (4), any person who was married within the meaning of regulation 2(1) of the principal regula­ tions (as it read immediately before the commencement of this regulation) must continue to be treated after the commence­ ment of this regulation as married for the purposes of these regulations in respect of any portion of a course of study under­ taken by the person that— (a) (b) commences before 1 January 2005; and ends at any time after the commencement of this regu­ lation.
4 2004/299 Student Allowances Amendment Regulations (No 2) 2004 r 6 4 (1) “(b) (2) Eligibility for basic grant Regulation 7(1) of the principal regulations is amended by revoking paragraph (b), and substituting the following para­ graph: a tertiary student of or over 16 but younger than 18 who has a supported child or children; or”.
Regulation 7(1A) of the principal regulations is amended by omitting from paragraph (b)(ii) the words “Qualiﬁcations Framework”, and substituting the words “Certiﬁcate of Edu­ cational Achievement”.

(3) Nothing in subclause (2) affects the eligibility of a student who is younger than 18 from receiving a basic grant on the ground in regulation 7(1A)(b)(ii) of the principal regulations as it read before the commencement of that subclause if the student had previously received a basic grant on that ground.
5 (1) Eligibility for independent circumstances grant Regulation 8 of the principal regulations is amended: (a) (b) by revoking subclause (2); and by omitting from subclause (3) the words “subclauses (1) and (2)”, and substituting the expression “subclause (1)”.
(2) Nothing in subclause (1) affects the entitlement of a student to continue to receive an independent circumstances grant that was granted under regulation 8(2) of the principal regulations before the commencement of this regulation in respect of a portion of a recognised course of study ending after that com­ mencement, and payment of that grant ends in accordance with regulation 23 of the principal regulations.
6 Student not eligible for certain allowances if eligible for other government study assistance The heading to regulation 14 of the principal regulations is amended by omitting the word “not”, and substituting the words “may not be”.
5 r 7 Student Allowances Amendment Regulations (No 2) 2004 2004/299 7 Period for which certain allowances payable Regulation 23 of the principal regulations is amended by in­ serting, after subclause (1), the following subclauses: “(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) 8 No payment if income limit exceeded Regulation 27 of the principal regulations is amended: (a) by inserting, after the words “No payment”, the words “in respect of any week”: by inserting, after the words “combined income”, the words “in that week”.
(b) 9 (1) Applications Regulation 40 of the principal regulations is amended by revoking subclause (4), and substituting the following sub­ clause: “(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— 6 2004/299 Student Allowances Amendment Regulations (No 2) 2004 Schedule “(a) “(b) 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 com­ mences on or after 1 January 2005, before that portion of the course ends.” (2) Regulation 40 of the principal regulations is amended by in­ serting, after subclause (6), the following subclause: “(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.” 10 11 Calculation of personal income Regulation 43 of the principal regulations is amended by in­ serting, after the word “regulations”, the words “, and the weekly amount of the personal income or, as the case requires, the combined income cannot be readily ascertained (for ex­ ample, because the person or spouse is self­employed)”.
Table 7 of Schedule 2 substituted Schedule 2 of the principal regulations is amended by revoking table 7, and substituting the table 7 set out in the Schedule of these regulations.
Schedule New table 7 substituted in Schedule 2 of principal regulations r 11 Table 7 Weekly value of basic grant for single students under 25 without a supported child on and after 1 January 2005 Groups Weekly value of allowance 7 Explanatory note Student Allowances Amendment Regulations (No 2) 2004 2004/299 A student living at home A student living away from home $128.74, which amount is, after the deduction of standard tax, to be reduced by 25 cents for each $1 of weekly parental income in excess of $648 a week.
$160.93, which amount is, after the deduction of standard tax, to be reduced by 25 cents for each $1 of weekly parental income in excess of $648 a week.

Martin Bell Acting for Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, most of which come into force on the 28th day after the date of their notiﬁcation in the Gazette,— •• the lower student parental o adjust income threshold to $33,696 and the abatement rate of student allowance payable to 25% of parental weekly income payable in excess of the threshold: o remove, subject to savings provisions, the entitlement of pre­ viously married students, and students in paid employment for 96 weeks, to an independent circumstances grant: o subject to savings provisions, require married students who are under 25 and without dependents to be parentally income tested and not subject to the spousal income test: o make a number of other changes designed to simplify the administration of the student allowances scheme.
•• •• •• Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 9 September 2004.

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