This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into on the day after the date on which they are notified in the Gazette, amend regulation 4 of the Student Allowances Regulations 1998 (
“the principal regulations”).
Regulation 4 of the principal regulations relates to the assessment of a student's parental income when that student applies for an allowance. The amendments add new subclauses (4) and (5) to regulation 4 of the principal regulations.
Currently a student whose parents do not live together may apply to have their parental income assessment based on just 1 parent's income, if the student can establish
“independence” from the other parent. New subclause (4) sets out criteria for establishing independence from a parent. New subclause (5) provides that a student cannot establish independence from a parent by reason only that he or she is financially independent from that parent.
The new criteria for establishing independence will apply to new applications under regulation 4 of the principal regulations, and to reviews of entitlements. However, any findings of the Student Allowance Appeal Authority in respect of an individual made before these regulations commence will not be affected.