Document ID: chunk:federal_register_of_legislation:C2009C00231:clause:3_4:p1
Version: federal_register_of_legislation:C2009C00231
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 1/3)
Character Range: 10732–13430

4  After Subdivision 52‑D
Insert:

Subdivision 52‑E—Exempt payments under the ABSTUDY scheme

Guide to Subdivision 52‑E

52‑130  What this Subdivision is about

      This Subdivision tells you:

                (a) the payments under the ABSTUDY scheme that are wholly or partly exempt from income tax; and
                (b) any special circumstances, conditions or exceptions that apply to a payment in order for it to be exempt; and
                (c) how to work out how much of a payment is exempt.

Table of sections

Operative provisions

52‑131 Payments under ABSTUDY scheme
52‑132 Supplementary amounts of payments
52‑133 Tax‑free amount of ordinary payment on death of partner if no bereavement payment payable
52‑134 Tax‑free amount if you receive a bereavement lump sum payment

Operative provisions

52‑131  Payments under ABSTUDY scheme

 (1) This section tells you about the income tax treatment of a payment under the ABSTUDY scheme made in respect of a period commencing at a time when you were at least 16 years old.

Note: The whole of a payment made under the ABSTUDY scheme in respect of a period commencing at a time when you are under 16 years old may be exempt under section 51‑10.

 (2) A crisis payment made to you under the ABSTUDY scheme is exempt from income tax.

 (3) If:
 (a) an *ordinary payment becomes due to you; and
 (b) the payment is not covered by subsection (4) or (6);
the *supplementary amount of the ordinary payment is exempt from income tax.

Note: To work out the supplementary amount of the ordinary payment, see section 52‑132.

 (4) If:
 (a) your partner dies; and
 (b) you do not qualify for a payment under the ABSTUDY scheme in respect of that death; and
 (c) an *ordinary payment becomes due to you during the bereavement period;
the *supplementary amount and the *tax‑free amount of the ordinary payment are exempt from income tax.

Note 1: To work out the supplementary amount of the ordinary payment, see section 52‑132.

Note 2: To work out the tax‑free amount of the ordinary payment, see section 52‑133.

 (5) If a payment becomes due to you under the ABSTUDY scheme because of a person's death (except a lump sum payment because of your partner's death), the payment is exempt from income tax.

 (6) If:
 (a) your partner dies; and
 (b) a lump sum payment under the ABSTUDY scheme becomes due to you because of your partner's death;
the total of the following are exempt from income tax up to the *tax free amount:
 (c) the lump sum payment; and
 (d) all other payments that become due to you under the ABSTUDY scheme during the bereavement lump sum period.

Note: To work out the tax‑free amount, see section 52‑134.

 (7) ABSTUDY