Social Security and Other Legislation Amendment (Income Support for Students) Act 2010 (17 of 2010)

Schedule 2   Scholarship payments for students

Part 2   Related amendments

Social Security Act 1991

23   After section 1223ABD

Insert:

1223ABE Debts in respect of scholarship payments

Person does not start to undertake course

(1) If a person:

(a) has received a student start-up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course; and

(b) the person does not start to undertake the course;

then:

(c) the amount of the payment is a debt due to the Commonwealth; and

(d) the debt is taken to have arisen when the person receives the payment.

However, this subsection does not apply if, in the Secretary's opinion, the person does not start to undertake the course because of exceptional circumstances beyond the person's control.

Note: For approved scholarship course , see section 592M.

Person not continuing to undertake course

(2) If a person:

(a) has received a student start-up scholarship payment or a relocation scholarship payment because the person is proposing to undertake an approved scholarship course; and

(b) the person starts to undertake the course; and

(c) the person is not undertaking the course at the end of 35 days after the course commences;

then:

(d) the amount of the payment is a debt due to the Commonwealth; and

(e) the debt is taken to have arisen when the person receives the payment.

Note: For approved scholarship course , see section 592M.

(3) If a person:

(a) has received a student start-up scholarship payment or a relocation scholarship payment because the person is undertaking an approved scholarship course; and

(b) is not undertaking the course at the end of 35 days after qualifying for the payment;

then:

(c) the amount of the payment is a debt due to the Commonwealth; and

(d) the debt is taken to have arisen when the person receives the payment.

Note: For approved scholarship course , see section 592M.

(4) Subsections (2) and (3) do not apply if, in the Secretary's opinion, the person is not undertaking the course as mentioned in those subsections because of exceptional circumstances beyond the person's control.