Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-4 - OS-HELP ASSISTANCE  

Division 118 - Who is entitled to OS-HELP assistance?  

SECTION 118-5   Citizenship or residency requirements  

118-5(1)  
The citizenship or residency requirements for *OS-HELP assistance are that the student in question is:


(a) an Australian citizen; or


(b) a *permanent humanitarian visa holder; or


(c) a student to whom subsection (2) applies.

118-5(2)  


This subsection applies to a student who:


(a) is a New Zealand citizen; and


(b) holds a special category visa under the Migration Act 1958 ; and


(c) both:


(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (3) (the test day ); and

(ii) was a *dependent child when he or she first began to be usually resident in Australia; and


(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and


(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

118-5(3)  


For the purposes of subsection (2), the day is the earlier of:


(a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the *course of study the student is enrolled in with the home provider - the day the student first made such a request; or


(b) otherwise - the day the student made the request for Commonwealth assistance in relation to the period.




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