Document ID: chunk:federal_register_of_legislation:F2023C00916:reg:4:p29
Version: federal_register_of_legislation:F2023C00916
Segment Type: reg
Provision Reference: reg 4 (pt 29/33)
Character Range: 77883–80676

to undertake full‑time study in an approved scholarship course;
then:
 (c) the amount of the payment is a debt due to the Commonwealth; and
 (d) the debt is taken to have arisen when the person receives the payment.
However, this subparagraph does not apply if, in the Commission's opinion, the person does not start to undertake full‑time study in an approved scholarship course because of exceptional circumstances beyond the person's control.

Person not continuing to undertake a course
 (2) If a person:
 (a) has received a student start‑up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course (the qualifying course); and
 (b) starts to undertake an approved scholarship course; and
 (c) is not undertaking full‑time study in an approved scholarship course at the end of 35 days after the qualifying course commences;
then:
 (d) the amount of the payment is a debt due to the Commonwealth; and
 (e) the debt is taken to have arisen when the person received the payment.
 (3) If a person:
 (a) has received a student start‑up scholarship payment or a relocation scholarship payment because the person is undertaking an approved scholarship course; and
 (b) is not undertaking full‑time study in an approved scholarship course at the end of 35 days after qualifying for the payment;
then:
 (c) the amount of the payment is a debt due to the Commonwealth; and
 (d) the debt is taken to have arisen when the person received the payment.
 (4) Subparagraphs (2) and (3) do not apply if, in the Commission's opinion, the person is not undertaking full‑time study in an approved scholarship course because of exceptional circumstances beyond the person's control.

PART 8—Determination of Assistance

8.1  Determinations
 8.1.1 The Commission may, under the Scheme, determine:
 (a) eligibility;
 (b) levels of benefits; and
 (c) claims for benefits.
 8.1.2 The Commission may delegate any of its powers under the Scheme to an employee of the Department.

8.2  Review of decisions
 8.2.1 Where an application for benefit has been declined, reasons for that decision shall be provided, in writing, to the applicant.
 8.2.2 Where a student or a student's parent, guardian or trustee is dissatisfied with a decision of the Commission, that student, parent, guardian or trustee may make an application to the Commission for a review of the decision (applicant).
 8.2.3 The application for review must be made within 3 months of the student, parent, guardian or trustee receiving a copy of that decision.
 8.2.4 The Commission must, within 3 months after receipt of the application or within such longer period as is agreed in writing by the applicant, review the decision, or cause the decision to be reviewed by a person