Document ID: chunk:federal_register_of_legislation:F2023C00916:reg:4:p8
Version: federal_register_of_legislation:F2023C00916
Segment Type: reg
Provision Reference: reg 4 (pt 8/33)
Character Range: 25406–28178

out Commonwealth Departments and the legislation they administer and could be viewed on the Federal Register of Legislation website (https://www.legislation.gov.au).

2.5  Cessation of assistance under the Scheme
 2.5.1 If the Commission is of the opinion that a primary or secondary student's progress is not satisfactory, it may determine that the student cease to receive benefits under the Scheme.
 2.5.2 Where the Commission is of the opinion that a tertiary student aged sixteen years or over would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students (if Part 2.11A had applied to the student), it may determine that the student cease to receive benefits under the Scheme.
Note: The "progress rules" are mentioned in section 569H of the Social Security Act 1991.
 2.5.3 Benefits withdrawn under paragraphs 2.5.1 and 2.5.2 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.

2.6  Place of Study
 2.6.1 Subject to paragraph 2.6.2 or unless the Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must:
 (a) be undertaking study within Australia; or
 (b) have made application, or have been accepted, to undertake study within Australia.
 2.6.2 Subject to 2.6.3, if a student is eligible for an education allowance under PART 3 for secondary education (secondary student) or tertiary education (tertiary student), and the student undertakes a course of study outside Australia, then for the period of the study:
 (a) if the student is a secondary student — the student is eligible for an education allowance at the rate under 3.8.1(c) for a secondary student who lives away from home; or
 (b) if the student is a tertiary student — the student is eligible for an education allowance at the rate under 3.8.4 for a tertiary student who lives away from home.
 2.6.3 Payment of an education allowance under 2.6.2 is subject to the following conditions:
 (a) the student must not, in the Commission's opinion, have left Australia permanently;
 (b) the course of study outside Australia is part of a full‑time course the student has undertaken in Australia; and
 (c) the allowance is payable only for the duration of the course the student has undertaken in Australia.
Note: rent assistance, where the student is outside Australia, is covered by paragraph 5.5 and is limited to rent assistance for the student's premises in Australia and for a maximum period of 26 weeks.

2.7  Course coverage
 2.7.1 A student may receive benefits under the Scheme if the student is undertaking on a full‑time basis:
 (a) a course of general primary or secondary education; or
 (b) an