Pursuant to section 303 of the Education Act 1989, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

2 Commencement

3 Principal regulations amended

4 Payment of certain allowances for programmes of study exceeding 200 weeks

Regulations

1 Title

These regulations are the Student Allowances Amendment Regulations (No 2) 2009.

2 Commencement

These regulations come into force on 3 July 2009.

3 Principal regulations amended

These regulations amend the Student Allowances Regulations 1998.

4 Payment of certain allowances for programmes of study exceeding 200 weeks

(1) The heading to regulation 22 is amended by omitting “programmes of study exceeding 200 weeks” and substituting “further programmes of study permitted for retraining for employment, etc”.
(2) Regulation 22 is amended by revoking subclause (1) and substituting the following subclause:
- “(1) The chief executive may approve the payment to a student of an allowance continued by regulation 3(a) to (c) with the effect that the student may receive an allowance of that kind (as an exception to the maximum period of eligibility under regulation 20(1)) for more than 200 weeks if—
  
  “(a) the student has received an allowance of that kind—
  
  “(i) in respect of 1 or more recognised programmes; and
  
  “(ii) for less than or equal to 200 weeks, or (for example, because of an earlier grant of eligibility or approval under regulation 20(8) or 21, or this subclause) for more than 200 weeks; and
  
  “(b) the payment is—
  
  “(i) in respect of a further recognised programme (other than a long programme of study approved by the Minister of Education under regulation 21); and
  
  “(ii) for a specified period (expressed in weeks) that is, in the chief executive's opinion, the minimum period necessary to complete that programme.”
(3) Regulation 22(2) is amended by omitting “(1)” in the second place where it appears and substituting “(1)(b)(i)”.

Rebecca Kitteridge,
Clerk of the Executive Council.

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 3 July 2009, are made under the Education Act 1989. They amend the Student Allowances Regulations 1998 to remove a defect from, and so give effect to the original policy intention of, regulation 22.

Regulation 22 allows the chief executive of the department responsible for the administration of the Social Security Act 1964 (the chief executive) to approve payment to an eligible student of an allowance in respect of a further programme of study with the effect that the student receives an allowance for more than the general, 200-week maximum period of eligibility. The payment must be for a period that is, in the chief executive’s opinion, the minimum period necessary for the completion of the programme. And the allowance cannot be paid in respect of the programme unless—

the chief executive of the Ministry of Education is satisfied that it is in the national interest for the student to undertake the programme for the purposes of retraining for employment; or
the chief executive of the Ministry of Education permits payment in a particular case or class of case.

The defect is a further requirement (in regulation 22(1)), namely that the programme be one the minimum period necessary for the completion of which is, in the opinion of the chief executive of the Ministry of Education, greater than 200 weeks. New regulation 22(1) (substituted by regulation 4(2)) removes this defect, and so gives effect to the original policy intention that payment of allowances in respect of a further retraining or other permitted programme be able to be approved by the chief executive regardless of whether (and without a decision from the chief executive of the Ministry of Education that) the minimum period necessary for the completion of the programme is greater than 200 weeks.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 July 2009.

These regulations are administered by the Ministry of Social Development.

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Student Allowances Amendment Regulations (No 2) 2009