Document ID: chunk:federal_register_of_legislation:F2024C01295:reg:4:p31
Version: federal_register_of_legislation:F2024C01295
Segment Type: reg
Provision Reference: reg 4 (pt 31/35)
Character Range: 82643–85492

subsection (1) nor subsection (4) applies.
 (4) The amount of a relocation scholarship payment to a person is $2,000 (or the amount equal to the amount, including as indexed, under subsection 592L(4) of the Social Security Act 1991 (in force from time to time), whichever is higher) if:
 (a) in 1 or more Calendar years (the prior years) that precede the Calendar year containing the qualification time, the person undertook full‑time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and
Note: The Acts Interpretation Act 1901 defines Calendar year (s.22)
 (b) in 1 or 2 (but no more) of the prior years:
 (i) the person was, while undertaking such study, in receipt of a homeless student education allowance under the Scheme; or
 (ii) the person, while undertaking such study, did not receive, a homeless student education allowance under the Scheme but received, under the Scheme, a living away from home allowance for a tertiary student or a double orphan allowance for a tertiary student; or
 (iii) the person received a student relocation payment (see subparagraph (5)).
 (5) A student relocation payment means any of the following:
 (a) a relocation scholarship payment;
 (b) a payment under the ABSTUDY Scheme known as an "ABSTUDY relocation scholarship payment";
 (c) a payment known as a relocation scholarship payment under Part 2.11B of the Social Security Act 1991;
 (d) a payment known as a "relocation scholarship payment" under the scheme made under the Military Rehabilitation and Compensation Act 2004 known as the Military Rehabilitation and Compensation Act Education and Training Scheme;
 (e) the amount or value of a Commonwealth Accommodation Scholarship.

Debts in respect of scholarship payments

Person does not start to undertake course
 7.5.8
 (1) 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; and
 (b) does not start 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