Document ID: chunk:federal_register_of_legislation:F2024C01295:reg:4:p25
Version: federal_register_of_legislation:F2024C01295
Segment Type: reg
Provision Reference: reg 4 (pt 25/35)
Character Range: 67528–70259

and place of study.
Note: a fare may be the cost of using private transport.
 5.1.2 In making a decision under paragraph 5.1.1 in respect of whether to accept liability for a fare, the Commission is to take into account Part 2.26 of the Social Security Act 1991 as it relates to the circumstances in which fares allowance under that Act is payable and as it relates to the level of fares allowance payable in those circumstances.
Note: under Part 2.26 of the Social Security Act 1991 (SSA) a determination may be made amending levels of fares allowance in the Act (Henry VIII clause).  The SSA as amended by any such determination would constitute the SSA "in force from time to time" (see definition of SSA) and therefore the Commission could lawfully consider those new levels of fares allowance as introduced by the determination.

5.2  Additional Tuition
 5.2.1 Where an education authority has established that a discrepancy exists between the student's intellectual potential and the student's actual academic achievement, the Commission may arrange for provision of Additional Tuition in respect of that student.

5.3  Special Assistance
 5.3.1 Where the Commission considers that exceptional circumstances, beyond the control of the student, have hindered or will hinder a student's progress the Commission may approve payment of Special Assistance in respect of that student.

5.4  Rates for Additional Tuition and Special Assistance
 5.4.1 The Commission shall determine from time to time the maximum value of Additional Tuition and Special Assistance which may be provided to a student in any year.

5.5  Rent assistance
 5.5.1 Subject to paragraph 5.5.2, a student who has been granted a Homeless Student Education Allowance or an education allowance at a 'living away from home' rate or 'double orphan' rate is entitled to the payment of rent assistance.
 5.5.2 Rent assistance payable under the Scheme, whether to a student in or outside Australia, is only payable in the same circumstances that rent assistance would have been payable to the student under the Social Security Act 1991 if the student had not been a student receiving benefits under the Scheme but had been a person receiving youth allowance under that Act.
Note 1 – rent assistance criteria under the Social Security Act 1991 are set out in point 1067G‑D1 of that Act.
Note 2 – as at 1 April 2003, rent assistance must, among other things, be only for premises in Australia and the maximum period that rent assistance is payable, while a student is outside Australia, is 26 weeks.
Note 3 – in order to receive rent assistance for premises in Australia, while studying outside Australia, a student must also satisfy paragraph 2.6.
Note 4 – if the rent