Student Allowances Regulations 1998

12 Eligibility for certain allowances

(1)

No student is eligible for an allowance continued by regulation 3(a) to (e) unless—

(a)

he or she—

(i)

is a New Zealand citizen; or

(ii)

satisfies the chief executive that he or she is ordinarily resident in New Zealand, has lived in New Zealand for at least 3 years, and has been entitled under the Immigration Act 2009 to reside indefinitely in New Zealand for at least 3 years; or

(iii)

satisfies the chief executive that he or she is recognised under the Immigration Act 2009 as a refugee or a protected person and is entitled under the Immigration Act 2009 to reside indefinitely in New Zealand; or

(iv)

satisfies the chief executive that he or she is entitled under the Immigration Act 2009 to reside indefinitely in New Zealand and was sponsored into New Zealand by a family member who, at the time of the student’s entry into New Zealand,—

(A)

was recognised under the Immigration Act 1987 or the Immigration Act 2009 as a refugee or protected person; and

(B)

held a residence permit issued under the Immigration Act 1987 or a residence class visa issued under the Immigration Act 2009; and

(ab)

if the allowance is in respect of a course of study commencing on or after 1 January 2014, he or she is, when the course of study commences, under the age specified in section 7(1) of the New Zealand Superannuation and Retirement Income Act 2001; and

(b)

he or she makes an application for an allowance in accordance with Part 7; and

(c)

he or she either—

(i)

is enrolled in a full-time course at a tertiary provider or secondary school and meets the attendance and performance requirements of that provider or school for tuition; or

(ii)

is approved to study overseas under regulation 26; or

(iii)

is approved to study in a part-time course under regulation 12A.

(1A)

[Revoked]

(2)

[Revoked]

(2A)

[Revoked]

(3)

No student may be awarded an allowance continued by regulation 3(a) to (e) who—

(a)

either—

(i)

has been granted a temporary permit to enter New Zealand for the purposes of study, training, or paid employment, which permit requires that student to leave New Zealand after completing that study, training, or paid employment; or

(ii)

is the spouse or partner of such a student and is not a New Zealand citizen; and

(b)

is not or has not subsequently become a person to whom subclause (1)(a) applies.

(4)

Subclauses (1) to (3) are subject to—

(a)

regulation 47B (which relates to the effect of the 1 September 2013 changes to residence-related eligibility periods); and

(b)

regulation 47C (which contains an exception to the ineligibility ground introduced on 1 September 2013).

Compare: SR 1991/295 rr 9, 22(3)

Regulation 12(1)(a): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Regulation 12(1)(a)(ii): amended, on 1 September 2013, by regulation 5(1) of the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013 (SR 2013/324).

Regulation 12(1)(a)(iii): amended, on 1 September 2013, by regulation 5(2) of the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013 (SR 2013/324).

Regulation 12(1)(a)(iii): amended, immediately after 2 am on 29 November 2010, by regulation 5(1) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 12(1)(a)(iv): added, immediately after 2 am on 29 November 2010, by regulation 5(2) of the Student Allowances Amendment Regulations (No 2) 2010 (SR 2010/291).

Regulation 12(1)(a)(iv)(A): amended, on 1 October 2011 (applying to allowances for courses of study that commence on or after 1 January 2012 (whether the allowance was first payable to students before, on, or after that date)), by regulation 6 of the Student Allowances Amendment Regulations (No 2) 2011 (SR 2011/288).

Regulation 12(1)(ab): inserted, on 1 September 2013, by regulation 5(3) of the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013 (SR 2013/324).

Regulation 12(1)(b): amended, on 1 July 2015, by regulation 5(1) of the Student Allowances Amendment Regulations (No 2) 2015 (LI 2015/135).

Regulation 12(1)(c): amended, on 1 July 2015, by regulation 5(2) of the Student Allowances Amendment Regulations (No 2) 2015 (LI 2015/135).

Regulation 12(1)(c)(iii): amended, on 1 July 2015, by regulation 5(3) of the Student Allowances Amendment Regulations (No 2) 2015 (LI 2015/135).

Regulation 12(1A): revoked, on 1 July 2015, by regulation 5(4) of the Student Allowances Amendment Regulations (No 2) 2015 (LI 2015/135).

Regulation 12(2): revoked, on 1 July 2015, by regulation 5(4) of the Student Allowances Amendment Regulations (No 2) 2015 (LI 2015/135).

Regulation 12(2A): revoked, on 1 July 2015, by regulation 5(4) of the Student Allowances Amendment Regulations (No 2) 2015 (LI 2015/135).

Regulation 12(3)(a)(ii): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 12(3)(b): amended, on 1 October 2002, by regulation 4 of the Student Allowances Amendment Regulations (No 2) 2002 (SR 2002/257).

Regulation 12(4): inserted, on 1 September 2013, by regulation 5(4) of the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013 (SR 2013/324).