The following allowances are continued:

A student’s parental income must be assessed if the student is single, younger than 24, without a supported child or children, and applies for an allowance continued by regulation 3(a) or (c).

Where a student’s parental income is to be assessed, the chief executive may make such an assessment and the following provisions apply:

Upon completion of the assessment, the assessment must be applied by the chief executive in determining the eligibility of any student for an allowance continued by regulation 3(a) or (c) or the rate at which payment is to be made.

A student must not be considered to have established independence from his or her other parent for the purposes of subclause (2)(c)(i) unless the chief executive is satisfied that—

To avoid doubt, a student is not independent from his or her other parent for the purposes of subclause (2)(c)(i) by reason only that he or she is financially independent from that other parent.

The chief executive may extend the time allowed for a student to provide evidence of parental income under subclause (2)(b) if he or she is satisfied that in the particular case there are special circumstances warranting an extension of time.

The chief executive may reassess the annual parental income of any student exceeding the amount specified in clause 3(3) of Schedule 2 multiplied by 52 if, in any year during that student’s course of study, that income decreases by not less than 25%.

A decrease in the parental income of any student may not be taken into account unless it is of a percentage to which subclause (1) applies.

If the parental income of the student is reassessed at a reduced level, the student must be paid at the new rate of the allowance on and from the beginning of the week in which the change in circumstances of the parents, as reassessed, occurs.

Where the parental income of a student is to be reassessed, regulation 4(2) and (3) apply with any necessary modifications.

The spousal or partner’s income of a student’s spouse or partner must be assessed if the student applies for any allowance continued by regulation 3(a) or (c).

Where a student’s spousal or partner’s income is to be assessed, regulation 4(2)(b) and (3) apply with any necessary modifications.

Where the income of a student or a student’s spouse or partner is negative, it must be treated as nil.

Every student is eligible for a basic grant if he or she is—

As from the commencement of 1 January 2004, the students who are eligible for a basic grant include a single tertiary student of or over 16 but younger than 18 who—

This regulation is subject to regulations 4 to 6, 12 to 16, 20, 28 to 31, 34, 35, 40, and 44 to 48.

A single student without a supported child or children is eligible for an independent circumstances grant, if—

Despite subclause (1), no student is eligible for an independent circumstances grant if the student receives a basic grant.

This regulation is subject to regulations 12 to 16, 20, 28 to 31, 34, 35, 40, and 44 to 48.

Subject to subclauses (2) to (6), a student who receives a basic grant or an independent circumstances grant is eligible for an accommodation benefit.

The following classes of student are not eligible for an accommodation benefit:

Where a student without supported children who receives an accommodation benefit begins living in a parental home or a married or partnered student begins living with a spouse or partner in circumstances where subclause 2(b) applies,—

For the purposes of this regulation,—

For the purposes of paragraph (b) of the definition of parental home in subclause (4), the area of the home occupied by the student is the part of the premises comprising the home that the student occupies with his or her spouse (if any) and supported children (if any).

This regulation is subject to regulations 4 to 6, 12 to 16, 20, 28 to 31, 34, 35, 40, and 44 to 48.

No student is eligible for an allowance continued by regulation 3(a) to (e) unless—

No student may be awarded an allowance continued by regulation 3(a) to (e) who—

Subclauses (1) to (3) are subject to—

For the purpose of regulation 12(1)(c)(iii), the chief executive may approve a course of study for a student that is less than a full-time course if either of the following applies:

For the purposes of subclause (1)(a)(iii), academic best interests, in relation to a student, means that the student would be likely to fail, for academic reasons, if he or she undertook a full-time course but would be likely to pass more than half of the course if he or she studied part-time.

No student is eligible for an allowance continued by regulation 3(a) to (c) while that student or that student’s spouse or partner is receiving any of the following benefits under the Social Security Act 2018:

No student is eligible for an allowance continued by regulation 3 while that student or that student’s spouse or partner is receiving either or both of the following:

Subclause (2) is subject to regulation 47A(b) (which relates to an application after 30 September 2010 for an allowance for a course commencing before 1 January 2011).

This regulation applies to every student who is the recipient of any bursary, scholarship, or award, however described (other than an allowance continued by regulation 3(d) or (e)), awarded or made out of money appropriated for the purpose by Parliament, for the purpose of study at a secondary school or a tertiary provider.

Despite anything to the contrary in these regulations, no student to whom this regulation applies may be awarded an allowance continued by regulation 3(a) to (c) without the consent of the chief executive, which allowance is subject to such conditions (if any) as the chief executive may determine in any particular case or class of case.

Without limiting the generality of subclause (2), it may be a condition of the award of an allowance continued by regulation 3(a) to (c) to a student to whom this regulation applies that the amount of that allowance and the term for which it is payable is less than that to which that student would be otherwise entitled.

Where any student at a secondary school or tertiary provider commences a second or further course at that school or at another school, or at that tertiary provider or at another tertiary provider, before completing any other course at that place or at another place, that student does not cease to be entitled to any allowance continued by regulation 3(a) to (c) because of that change of course, if—

A student continues to be eligible for an allowance continued by regulation 3(a) to (c) only if the student gives a statement in writing to the chief executive, during every specified period, in the form specified under regulation 42.

In subclause (1), specified period means a period specified from time to time for the purposes of that subclause by the chief executive.

Where in any year, after having undertaken the academic work of a full-time course for at least 12 weeks, the recipient of an allowance continued by regulation 3(a) to (c) has, on the advice of the chief executive, undertaken a reduced amount of work,—

The chief executive must not provide advice under subclause (1) unless, before providing that advice, he or she has consulted with the relevant tertiary provider or principal of the appropriate secondary school.

Every student who is eligible for a basic grant or an independent circumstances grant, and has not lost that eligibility, must be paid the appropriate amount calculated under Schedule 2, unless that schedule provides that the grant is not payable to the student.

The rates in Schedule 2 (as amended by regulation 15 and the Schedule of the Student Allowances Amendment Regulations (No 2) 2010) must be used for any payment on or after 1 October 2010 of an allowance continued by regulation 3 (regardless of whether the allowance is one awarded in respect of a course of study commencing before, on, or after 1 October 2010).

Every student who is eligible for an accommodation benefit, and has not lost that eligibility, must be paid the appropriate amount determined in accordance with regulation 24 or 24A.

Despite subclauses (1) to (3), no allowances are payable to any student unless the aggregate value of all of those allowances is $2 or more.

A student who is eligible for an allowance continued by regulation 3(a) to (c), and has not lost that eligibility, must be paid that allowance by instalments of such number of weeks’ allowance on such day or date or such date or dates in the month as the chief executive from time to time determines.

Payment of any allowance must be made by payment of the sum due into a bank account nominated from time to time by the student who is eligible for that allowance.

No student is entitled (except in the circumstances described in this regulation and in regulation 30(3)) to receive for more than the following period allowances continued by regulation 3:

The period of 92 weeks specified in subclause (1)(a)—

The period of 200 weeks or, as the case requires, the period of 120 weeks, specified in subclause (1)(b)—

For the purposes of subclauses (1) to (3), the recipient of an allowance continued by regulation 3 is deemed not to have received any payments under it in respect of a course of study if that recipient withdraws from the course before the commencement of his or her final examination period and, with the chief executive’s consent, ensures all payments made to the recipient in respect of the course under the allowance are refunded to the chief executive before the following deadline:

No recipient of an allowance continued by regulation 3 is entitled to receive, or may receive, despite anything in these regulations, any payments under that allowance in respect of any period during which he or she undertakes paid employment that is recognised as fulfilling part of the requirements of the recognised course of study in respect of which the allowance was awarded.

The period of 92 weeks specified in subclause (1)(a) or, if applicable, the period of 200 weeks or, as the case requires, the period of 120 weeks, specified in subclause (1)(b) must be reduced, for a student who has been paid a basic grant, independent circumstances grant, or accommodation benefit before 1 January 1999, by the number of weeks calculated under regulation 48.

The chief executive may, where he or she considers that in any particular case special circumstances exist, extend for a person whichever of the following maximum entitlement periods applies to the person (even if the person will or may, during that extended entitlement period, achieve the age that is referred to in regulation 12(1)(ab)):

For the purposes of subclause (7), special circumstances do not exist merely because a person has been affected by an amendment to these regulations.

Subclauses (1) to (7) are subject to—

A basic grant or independent circumstances grant must be paid for a period commencing with the beginning of the week during which, in the opinion of the chief executive, the portion of the recognised course of study in respect of which the allowance was awarded commences, and ending—

Despite subclause (1), if the application for the basic grant or independent circumstances grant was received more than 7 days after the commencement of the portion of the recognised course of study (being a portion that commences on or after 1 January 2005), a basic grant or independent circumstances grant must not be paid for any period before the beginning of the week in which the application was received unless the application has been brought within any extended time for the application to be made given under regulation 40(7).

The period for which a basic grant or independent circumstances grant to which subclause (1A) applies must be paid commences with—

Despite subclause (1), the chief executive may extend or reduce by such number of weeks as the chief executive thinks fit the period in any year for which payments under a basic grant or an independent circumstances grant are made, in any particular case or class or classes of case, to provide for any variation in the course prescribed by the principal of any secondary school or the governing body of any tertiary provider.

This regulation applies to a student who is—

Payments may be made to the student while the student is studying overseas only if—

For the purposes of subclause (2)(b), a student is not familiar with a country if the student—

This regulation applies to a student who is—

Payments may be made to the student while the student is studying overseas only if—

For the purposes of subclause (2)(d), a student is not familiar with a country if the student—

The amount of an accommodation benefit per week is the amount, not exceeding the applicable weekly value of the benefit specified in Schedule 3, that may be determined in any case in accordance with guidelines issued from time to time by the chief executive.

Subclause (1) applies unless regulation 24A applies.

Any guidelines issued under subclause (1) may make provision for the payment of different rates in different regions, and for different types of accommodation.

Before issuing any guidelines under subclause (1), the chief executive must consider such information as is reasonably available to the chief executive about accommodation costs in different regions and for different types of accommodation.

This regulation applies to a single student who—

The amount of the accommodation benefit per week is the appropriate rate of accommodation supplement that the student would receive if the student were a beneficiary who—

For the purposes of subclause (2), the appropriate rate of accommodation supplement must be determined in accordance with section 65 of the Social Security Act 2018 (see in particular section 65(1)(b) of that Act, which states that MSD may grant a person (P), for the period that MSD determines, an accommodation supplement if P meets the assets requirement (as set out in regulations made under section 423 of that Act)).

In this regulation, beneficiary has the meaning given in Schedule 2 of the Social Security Act 2018.

Payments under an accommodation benefit must be made for a period commencing not earlier than the date the chief executive specifies, which date must not precede the date payments are made under the student’s basic grant or independent circumstances grant.

An amount of accommodation benefit is not payable to a student for a week for which the value of the basic grant or independent circumstances grant payable to the student is reduced to nil because of the student’s personal income for the week.

Where the chief executive is satisfied that it is desirable for the recipient of an allowance continued by regulation 3(a) to (e) to undertake any work outside New Zealand, the chief executive may declare specified work intended to be done by that student outside New Zealand to be a full-time course in respect of that student only; and payments may be made to that student while he or she is carrying out that work outside New Zealand.

Subclause (3) applies where the chief executive is satisfied that it is necessary or desirable for the recipient of an allowance continued by regulation 3(a) to (c) to undertake a short course of study overseas to augment—

Where subclause (2) applies, the chief executive of the Ministry of Education may, for the purposes of this subclause, declare that course to be associated with that programme and that recipient may be paid an allowance continued by regulation 3(a) to (c) to the same extent as would be appropriate if that course, and all travel reasonably necessary to enable that recipient to undertake that course, were part of that programme and being undertaken at the tertiary provider at which the recipient is enrolled in that programme.

A student who is imprisoned or detained in a prison, as defined in section 3(1) of the Corrections Act 2004, pursuant to a sentence of imprisonment or preventive detention is not entitled to receive any payment under these regulations in respect of any period of any such imprisonment or detention.

Subject to regulation 17, if any student—

the chief executive may order the suspension of any allowance continued by regulation 3(a) to (c) which is received by the student for that course.

Where the chief executive orders the suspension of any allowance under this regulation, the student ceases to be entitled to that allowance, and it must be suspended at the end of the week during which the chief executive so orders.

Where an allowance is suspended under this regulation, the chief executive may reinstate that allowance in the year of its suspension if, in that year, the recipient resumes meeting the requirements of the course of study which he or she is undertaking.

Subject to regulations 12A and 17 and this regulation, an allowance continued by regulation 3(a) to (e) must be suspended if the amount of work (if any) passed by the recipient in the most recent course of study for which an allowance was paid (the relevant course) was, in the opinion of the chief executive, equivalent to half of or less than half of a full-time course.

Where—

the chief executive may direct that that allowance should not be suspended despite the amount of work the recipient has passed in the relevant course; and, in that case, that allowance may not be suspended merely because of the work passed by that recipient in the relevant course.

Where the chief executive gives a direction under subclause (2), the chief executive may also direct that the recipient of the allowance concerned may receive payments under that allowance for such further period as the chief executive specifies which may exceed the maximum period of eligibility for an allowance continued by regulation 3(a) to (c), allowed under regulation 20(1)(b).

Nothing in this regulation applies to secondary students.

If a student awarded an allowance continued by regulation 3(a) to (c) does not give the chief executive a statement in accordance with regulation 16, the chief executive must suspend the allowance.

A student whose allowance has been suspended under regulation 30 is entitled to have it reinstated if the student satisfies the chief executive that he or she has, since the suspension, passed work that is or forms part of a course of study that is, in the opinion of the chief executive, equivalent to more than half of the work of a full-time course.

A student whose allowance has been suspended under regulation 31 will be entitled to have it reinstated if the student satisfies the chief executive that he or she has, since the suspension, rectified the failure to give a statement in accordance with regulation 16.

Nothing in subclause (1) applies to secondary students.

Nothing in subclause (1) applies to any allowance continued under regulation 3(d) or (e).

Where—

then, only the weeks that the student was attending the course count as part of the maximum period of eligibility for an allowance continued by regulation 3(a) to (c), allowed under regulation 20(1)(a) or, if applicable, 20(1)(b).

Subclause (1) is subject to regulation 47A(f) (which relates to an application after 30 September 2010 for an allowance for a course commencing before 1 January 2011).

Nothing in subclause (1) entitles the recipient of an allowance continued by regulation 3(a) to (c) which is awarded in respect of a course of study postponed under that subclause to be paid that allowance for any period between the postponement of that course and its resumption.

If a tertiary provider loses its accreditation or course approval under the Act, allowances continued by regulation 3(a) to (c) which are received by students undertaking approved courses at that tertiary provider are suspended.

Any allowance suspended under subclause (1) will be reinstated if that accreditation or course approval is granted again before the end of the same academic year or before such time as the chief executive may determine.

Despite subclause (1), the chief executive may, at his or her discretion, decide that a student should not lose an allowance under this regulation.

Where a student does not attend a secondary school or tertiary provider for a period exceeding 2 weeks because of injury or sickness, the chief executive may suspend the payment of any allowance continued by regulation 3(a) to (c) until that student resumes meeting the requirements of the course of study which he or she is undertaking.

Where a student who is not on study leave does not attend any course conducted at a secondary school or tertiary provider for a period of more than 3 weeks, because of a break in tuition at the secondary school or tertiary institution, the payment of any allowance continued under regulation 3(a) to (c) must be suspended until the staff of the secondary school or tertiary institution resume teaching a course in which the student is enrolled, unless the chief executive permits payment to continue.

Every appeal must be by notice in writing lodged with the Authority within 21 days after the decision appealed against, or such longer period as the Authority in any case allows.

Every such notice must—

Immediately after the lodgement of a notice of appeal, the Authority must send a copy of that notice to the chief executive of the department of State who made the decision appealed against, or to the Minister of Education, if that Minister made the decision appealed against.

As soon as possible after receiving a copy of any notice of appeal, the relevant chief executive, or the Minister of Education, as the case may require, must send to the Authority—

Immediately after receiving a report under subclause (2)(c), the Authority must send a copy of it, and of any statement under subclause (2)(d), to the appellant concerned.

An appellant may send to the Authority—

The Authority must not determine any appeal until the expiration of 14 days after the date on which a copy of the report under subclause (2)(c) was sent to the appellant.

Where, before an appeal is decided, the Authority receives from the appellant comments sent to the Authority under subclause (4)(a),—

Where, under subclause (6)(a), the relevant chief executive or the Minister of Education sends the Authority a new decision,—

The Authority has full discretionary power to request further written evidence from any appellant on questions of fact, and may require any such evidence to be verified by statutory declaration.

In the exercise of its powers the Authority may receive as evidence any statement, document, information, or matter, that, in its opinion, may assist it to deal with any matter before it, whether or not the same would be admissible in a court of law.

In reaching any decision, the Authority must have regard to—

whether or not that notice, those documents, or that evidence, or any part of it or them, would be admissible in a court of law.

On the determination of an appeal, the Authority must notify the chief executive and the appellant, in writing, of the Authority’s decision and the reasons for it.

Any person who, in respect of any year, is enrolled or proposes to apply for enrolment in a recognised course of study at a secondary school or a tertiary provider may apply to the chief executive, on a form approved by the chief executive for the purpose, for an allowance continued by regulation 3(a) to (e) to be awarded to him or her in respect of that course.

Every applicant for an allowance must forward the application to the chief executive.

The chief executive may require any applicant for the award of an allowance, before being awarded that allowance, to make a statement or to provide information in some other form as to any matters that, under these regulations, are conditions precedent to the award of that allowance to that applicant.

Where a statement or information has been required under subclause (3), unless the chief executive is satisfied that there are special circumstances justifying a delay in the provision of that statement or information beyond the applicable date specified in paragraph (a) or paragraph (b), the applicant must provide that statement or information to the chief executive—

Where a statement or information or evidence has been required under subclause (3) or regulation 4(2)(b), the applicant—

Except in the circumstances described in subclause (7), where a student would, but for his or her omission to make an application, become entitled to receive an allowance continued by regulation 3(a) to (e) during his or her course of study, his or her application may be considered only if it is made within 60 days of the day on which he or she would become so entitled.

Subclause (6) applies only in respect of an application made by a student in respect of a portion of a course of study that commences before 1 January 2005.

The chief executive may extend the time allowed for applying for an allowance continued by regulation 3(a) to (e) if he or she is satisfied that in the particular case there are special circumstances warranting an extension of time.

If there occurs in the circumstances of the recipient of an allowance continued by regulation 3(a) to (c) any change of such a nature that it affects or may affect the recipient’s entitlement to that allowance, the rate at which it is paid, or payment of it, he or she must, without delay, give notification of that change to the chief executive.

The recipient of an allowance continued by regulation 3(a) to (c) must notify the chief executive of—

The chief executive may specify from time to time the form of the statement required to be given under regulation 16 in order to maintain continuing eligibility for an allowance continued by regulation 3(a) to (c).

The form of statement specified under subclause (1) may include any information considered by the chief executive to be relevant to determining the recipient’s entitlement to receive an allowance continued under regulation 3(a) to (c), the rate at which it is paid, or the payment of it.

For the purposes of determining any application for any allowance continued by regulation 3(a) to (c), or of reviewing any allowance already granted, or of determining the rate of any allowance, the chief executive—

Where the personal income or combined income of a person for a week is required to be calculated for the purposes of these regulations, and the amount for the week of the personal income or, as the case requires, the combined income cannot be readily ascertained (for example, because the person or spouse or partner is self-employed), that income may be calculated by the chief executive by—

Despite any thing to the contrary in these regulations, the chief executive may, in any particular case, in respect of any allowance continued by regulation 3(a) to (c),—

if the chief executive is satisfied that the applicant or any parent, spouse, or partner of the applicant has directly or indirectly deprived himself or herself of any income resulting in the applicant becoming eligible for that allowance or payment of that allowance at an increased rate.

In this regulation, income means,—

The chief executive may from time to time review any allowance continued by regulation 3(a) to (c) in order to ascertain—

If, after reviewing an allowance, the chief executive is satisfied that the recipient of the allowance is no longer or was not entitled to receive the allowance or is or was entitled to receive it at a different rate, the chief executive may suspend, terminate, or vary the rate of that allowance from such date as the chief executive reasonably determines.

If, after reviewing an allowance, the chief executive considers that the recipient of the allowance is more appropriately entitled to receive some other allowance, the chief executive may, in his or her discretion, cancel the allowance and grant the recipient of that allowance another type of allowance, commencing from the date of cancellation.

Except as provided in any other enactment, a student who receives an allowance continued by regulation 3(a) to (c) may not—

Where a student contravenes subclause (1), the chief executive may, in respect of any allowance continued under regulation 3(a) to (c) that is received by the student,—

An application is subject to regulation 12(1)(a)(ii) (as amended on 1 September 2013 by regulation 5(1) of the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013) only if the application is for an allowance continued by regulation 3(a) to (c) in respect of a course of study commencing on or after 1 January 2014.

An application made on or after 1 September 2013 for an allowance continued by regulation 3(a) to (c) in respect of a course of study commencing before 1 January 2014 is therefore subject to regulation 12(1)(a)(ii) (as in force immediately before 1 September 2013).

An application must be treated as if the applicant complies with regulation 12(1)(a)(ii) (as amended on 1 September 2013 by regulation 5(1) of the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013) if—

No allowance granted in reliance on subclause (3) can commence before the date on which the applicant first complies with the requirements of regulation 12(1)(a)(ii) (as in force immediately before 1 September 2013).

An application is not subject to regulation 12(1)(ab) (as inserted on 1 September 2013 by regulation 5(3) of the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013) if—

The exception in subclause (1) ends at, and so is unavailable to the applicant after, the close of 31 December 2014.

An application is not subject to regulation 20(1)(b) and (3) (as amended on 1 September 2013 by regulation 6 of the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013), and is instead subject to the 200-week maximum entitlement under regulation 20(1)(b) and (3) (as in force immediately before 1 September 2013), if—

The exception in subclause (1) ends at, and so is unavailable to the applicant after, the close of 31 December 2014.

Extended eligibility sought and granted under regulation 20(7) before 1 September 2013 continues on and after that date as if the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013 had not been made.

Extended eligibility sought under regulation 20(7), but not determined (declined or granted), before 1 September 2013 must be determined on or after that date as if the Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013 had not been made.

Where a student has been paid a basic grant, independent circumstances grant, or accommodation benefit in any year before 1 January 1999, the following provisions apply for the purpose of calculating the continuing entitlement (if any) of that student for an allowance continued by regulation 3(a) to (c):

Despite subclause (1), where a student has been paid a basic grant, independent circumstances grant, or accommodation benefit in any year before 1 January 1999, solely in respect of a course of study undertaken at a secondary school, the period during which the student was paid an allowance must be disregarded for the purposes of determining the continuing entitlement (if any) of that student to an allowance continued by regulation 3(a) to (c).

The regulations specified in Schedule 4 are revoked.