Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_1067l:p1
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 1067L (pt 1/2)
Character Range: 126528–129243

1067L  Rate of austudy payment

Austudy Payment Rate Calculator
 (1) The rate of austudy payment of a person referred to in subsection 581(1) is to be calculated in accordance with the Rate Calculator in this section.

Limit on rate of payment
 (2) If:
 (a) a person is living with another person as the spouse of the other person on a genuine domestic basis although not legally married to the other person; and
 (b) the other person is of the opposite sex and under the age of consent that applies in the State or Territory in which they are living;
the rate of the person's austudy payment is not to be more than the rate at which the austudy payment would be payable to the person if the other person were the person's partner.

Austudy Payment Rate Calculator

Module A—Overall rate calculation process

Method of calculating rate
 1067L‑A1 The rate of payment is a fortnightly rate.

      Method statement
           Step 1.  Work out the person's maximum basic rate using Module B below.
           Step 2.  Work out the amount a fortnight (if any) of pharmaceutical allowance using Module C below.
           Step 3.  Add up the amounts obtained in Steps 1 to 2: the result is the maximum payment rate.
           Step 4. Apply the income test using Module D below to work out the person's income reduction.
           Step 5. Take away the person's income reduction from the maximum payment rate: the result is the provisional payment rate.
                  Note: If a person's rate is reduced under this step, the order in which the reduction is to be made is laid down by section 1207 (maximum basic rate first, then pharmaceutical allowance).
           Step 6. The rate of payment is the difference between:

                (a) the provisional payment rate; and
                (b) any advance payment deduction (see Part 3.16A);

            plus any applicable amount of remote area allowance (see Module F below).

Module B—Maximum basic rate

Maximum basic rate
 1067L‑B1 A person's maximum basic rate is to be worked out as follows:
 (a) if the person is not a long term income support student (see section 1067K)—use Table BA;
 (b) if the person is a long term income support student—use point 1067L‑B3.

Person who is not a long term income support student
 1067L‑B2 If the person is not a long term income support student (see section 1067K), work out whether the person:
 (a) is a member of a couple (see section 4); and
 (b) has a dependent child (see subsections 5(2) to (9)).
The person's maximum basic rate is the amount in column 3 of the table that corresponds to the person's situation as described in column 2 of the table.

Table BA—Maximum basic rates (persons who are not long