Document ID: chunk:federal_register_of_legislation:F2024C01295:reg:4:p28
Version: federal_register_of_legislation:F2024C01295
Segment Type: reg
Provision Reference: reg 4 (pt 28/35)
Character Range: 75058–77832

the allowance is payable to the person and the person is receiving it; and
 (b) the person is receiving the education allowance because the person is undertaking an approved scholarship course; and
 (c) the Commission is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and
 (d) the Commission is satisfied that the person is not likely to receive the amount or value of a disqualifying education costs scholarship in the period of 6 months starting immediately after the qualification time.

Circumstances in which Person is Not Qualified for Student Start‑up Scholarship Payment
 7.4.4 A person is not qualified for a student start‑up scholarship payment if one or more of the following circumstances apply to the person in the period of 6 months (or shorter period determined by the Commission) ending immediately before the person's qualification time:
 (a) the person has qualified for a student start‑up scholarship payment under the Scheme; or
 (b) the person has qualified for a payment under the ABSTUDY Scheme known as an "ABSTUDY student start‑up scholarship payment"; or
 (c) the person has qualified for a payment known as a "student start‑up scholarship payment" under Part 2.11B of the Social Security Act 1991 (in force from time to time); or
 (d) the person has qualified for a payment known as a "student start‑up scholarship payment" under the scheme made under the Military Rehabilitation and Compensation Act 2004 known as the Military Rehabilitation and Compensation Act Education and Training Scheme (in force from time to time); or
 (e) the person has received the amount or value of a disqualifying education costs scholarship or the person was entitled to the amount or value of such a scholarship but has not received the full entitlement only because the scholarship was suspended.

Commission may determine period less than 6 months
 7.4.5 For 7.4.4, the Commission may determine a period in relation to a person that is at least 2 months but less than 6 months if the Commission considers that the determination would enable the person to qualify for a student start‑up scholarship payment on or near the day on which the approved scholarship course concerned started or starts.
 7.4.6 For 7.4.5, the Commission must not make a determination if the effect of the determination would be to enable the person to receive more than 2 student start‑up scholarship payments in a Calendar year.
Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)

Amount of student start‑up scholarship payment
 7.4.7 The amount of a student start‑up scholarship payment for which a person is qualified on or after 1