Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 21 September 2020, amend the Student Allowances Regulations 1998 (the principal regulations). The amendments—
provide for income exclusions, and eligibility changes, related to the attacks on Christchurch mosques on 15 March 2019; and
apply only to study starting on or after 1 January 2021 (even if the enrolment concerned was applied for or permitted, or both, before 1 January 2021).
Income exclusions
Some of the amendments exclude from personal income, or from spousal or partner’s income, in relation to a student, any Christchurch Mosques Attack support payment received by, or received by the spouse or partner of, the student.
The principal regulations define parental income, of a parent of a student, by reference to family scheme income as defined in the Income Tax Act 2007. Under section MB 13(2)(o) of that Act, family scheme income therefore excludes “an amount that is declared not to be income for the purposes of the Social Security Act 2018 by regulations made under section 422 of that Act”. In the Social Security Regulations 2018, regulation 294, and Schedule 8, clause 4, item 24, exempt from income, for the purposes of that Act, a Christchurch mosques attack support payment made to a person on or after 15 March 2019 and related income.
Eligibility changes
The rest of the amendments adjust the principal regulations to enable to be eligible for an allowance (see new regulation 12(1)(a)(v) and (vi)) the following students:
a student who is the holder of a residence class visa that is a Christchurch response visa under the Immigration Act 2009; and
a student who would have been eligible for a Christchurch response visa if the student did not hold a residence class visa (other than a Christchurch response visa) under that Act.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 30 July 2020.
These regulations are administered by the Ministry of Social Development.