Document ID: chunk:federal_register_of_legislation:F2023C00916:reg:4:p11
Version: federal_register_of_legislation:F2023C00916
Segment Type: reg
Provision Reference: reg 4 (pt 11/33)
Character Range: 33127–35849

person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person), who will then have the option of directing payment to the student or spouse, and if there is no entitled person ‑ to a person approved by the Commission to receive the payment on the student's behalf.
 3.3.4 Payment will be made directly to tertiary students.

3.4  Living away from home allowance for secondary students
 3.4.1 Living away from home rates of education allowance may be paid in respect of a student undertaking full time secondary education if the Commission is satisfied that additional expenses are incurred as a result of the student living away from home, and
 (a) educational facilities are not readily accessible from the student's place of residence; or
 (b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or
Note: the Assistance for Isolated Children Scheme is a non‑statutory Scheme administered by that Department of the responsible Departments that administers the Student Assistance Act 1973.
 (c) the student is physically or intellectually handicapped; or
 (d) the student requires specialised remedial tuition; or
 (e) the student is a member of an itinerant family; or
 (f) the academic needs of that student are not met by local secondary facilities; or
 (g) home conditions are detrimental to the student's educational progress.
 3.4.2 Payment under paragraph 3.4.1 for secondary students living away from home will be made to:
 (a) the person who is entitled to be paid the family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999; or
 (b) to the institution or person, if any, providing board to the student; or
 (c) if the payment methods in paragraphs (a) and (b) are inappropriate or non‑existent – a person approved by the Commission to receive the payment on behalf of the student.
 3.4.3 Payment under sub‑paragraph 3.4.2 may be made either in part or in full, and:
 (a) may be made to an institution a term in advance; or
 (b) may be made to a person either a term in advance or fortnightly, as determined by the Commission.
 3.4.4 A person in receipt of education allowance under sub‑paragraph 3.4.2(a) may direct payment of the allowance to the student or to a parent, guardian or trustee of the student.
 3.4.5 If only part of the payment is made to the institution or person providing board, the other part shall be paid to the person described at subparagraph 3.4.2(a) or, if relevant, to the person to whom they have directed payment and if there is no person for the purposes of subparagraph 3.4.2(a),