This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, most of which come into force on 1 October 2010, amend the Student Allowances Regulations 1998.
Most of the amendments arise from Budget 2010 Student Support Changes, and apply only in respect of an application for an allowance made on or after 1 October 2010 in respect of a course of study commencing on or after 1 January 2011. In particular,—
regulation 12(1)(a) is amended so that a student who is not a New Zealand citizen, a refugee, or a protected person can be eligible for an allowance without having resided lawfully in New Zealand for at least 2 years if he or she is entitled under the Immigration Act 1987 or, as the case requires, 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 new regulation 13(2) is added to ensure that no student is eligible for an allowance while that student or that student's spouse or partner is receiving New Zealand superannuation or a veteran's pension (regulation 6(2)):
a new 92-week lifetime limit is introduced for allowances in respect of recognised courses that lead to completion of a recognised programme of secondary instruction, and the existing 200-week lifetime limit is confined to other recognised courses (new regulation 20(1)(a) and (b) substituted by regulation 8):
allowances paid before 1 January 2011 are required to be taken into account in calculating the continuing entitlement (if any) of a student for an allowance in respect of a course of study commencing on or after 1 January 2011 (new regulation 20(5) substituted by regulation 8):
regulation 20(4), which enabled the Minister of Education to exempt courses of study undertaken at a secondary school, and transition courses, from the 200-week lifetime limit on certain allowances, is revoked (regulation 8):
regulation 20(5), which enabled the chief executive of the Ministry of Social Development to exempt any courses from the 200-week lifetime limit on certain allowances, is revoked (regulation 8):
a new regulation 20(6) is substituted, replacing regulation 20(8) and enabling the chief executive of the Ministry of Social Development, where special circumstances exist, to grant a person eligibility for an allowance for longer than the 92-week lifetime limit for recognised programmes of secondary instruction and the 200-week lifetime limit for other recognised programmes (regulations 8 and 10(2)).
Schedule 2 is amended (regulations 7, 15, and 16 and the Schedule) to reduce gross rates of basic grants, and the gross rate of the independent circumstances grant, so that new tax rules operating on and after 1 October 2010 do not result in changes to net (after-tax) rates of payments of student allowances.
Date of notification in Gazette: 2 September 2010.
These regulations are administered by the Ministry of Social Development.