• “(v) satisfies the chief executive that he or she is entitled under the Immigration Act 1987 to reside indefinitely in New Zealand and was sponsored into New Zealand by a family member who, at the time of the student's entry into New Zealand,—

  • “(A) was recognised under the Immigration Act 1987 as a refugee; and

  • “(B) held a residence permit issued under that Act; and”.

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

• “(iv) satisfies the chief executive that he or she is entitled under the Immigration Act 2009 to reside indefinitely in New Zealand and was sponsored into New Zealand by a family member who, at the time of the student's entry into New Zealand,—

  • “(A) was recognised under the Immigration Act 1987 or the Immigration Act 2009 as a refugee; and

  • “(B) held a residence permit issued under the Immigration Act 1987 or a residence class visa issued under the Immigration Act 2009; and”.

• “(2) 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:

  • “(a) New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001:

  • “(b) a veteran's pension under the War Pensions Act 1954.

• “(3) 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).”

• “(1A) 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).”

“20 Maximum periods of allowances

• “(1) No student is entitled (except in the circumstances described in this regulation and in regulations 21, 22, and 30(3)) to receive for more than the following period allowances continued by regulation 3:

  • “(a) 92 weeks, if the allowances are for any recognised course or courses of study leading to the completion of any recognised programme or programmes that are a full-time course or courses of secondary instruction:

  • “(b) 200 weeks, if the allowances are for any other recognised course or courses of study.

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

  • “(a) commences when a student first receives an allowance continued by regulation 3 in respect of the course or courses specified in subclause (1)(a); but

  • “(b) does not include any period when no allowance of that type is paid.

  “(3) The period of 200 weeks specified in subclause (1)(b)—

  • “(a) commences when a student first receives an allowance continued by regulation 3 in respect of the course or courses specified in subclause (1)(b); but

  • “(b) does not include any period when no allowance of that type is paid.

  “(4) 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:

  • “(a) within 12 months of the commencement of the course, where it is a full academic year long; and

  • “(b) before the end of the course, in every other case.

  “(5) 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.

  “(6) The period of 92 weeks specified in subclause (1)(a) or, if applicable, the period of 200 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.

  “(7) The chief executive may, where he or she considers that in any particular case special circumstances exist, grant a person eligibility for an allowance continued by regulation 3 for a period longer than the period of 92 weeks specified in subclause (1)(a) or, if applicable, the period of 200 weeks specified in subclause (1)(b).

  “(8) Subclauses (1) to (7) are subject to regulation 47A(c) (which relates to an application after 30 September 2010 for an allowance for a course commencing before 1 January 2011).”

• “(3) Subclauses (1) and (2) are subject to regulation 47A(d) (which relates to an application after 30 September 2010 for an allowance for a course commencing before 1 January 2011).”

• “(3) Subclauses (1) and (2) are subject to regulation 47A(e) (which relates to an application after 30 September 2010 for an allowance for a course commencing before 1 January 2011).”

• “(1A) 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).”

“47A Applications on or after 1 October 2010 for allowances for courses commencing before 1 January 2011

• An application made on or after 1 October 2010 for an allowance in respect of a course of study commencing before 1 January 2011, despite any other provision of these regulations to the contrary,—

  • “(a) is not subject to regulation 12(1)(a)(v) but is subject to regulation 12(1)(a) as in force immediately before it was amended by regulation 4 of the Student Allowances Amendment Regulations (No 2) 2010:

  • “(b) is not subject to regulation 13(2) but is subject to regulation 13 as in force immediately before it was amended by regulation 6 of the Student Allowances Amendment Regulations (No 2) 2010:

  • “(c) is not subject to regulation 20(1) to (7) but is subject to the regulation 20 revoked on 1 October 2010 by regulation 8 of the Student Allowances Amendment Regulations (No 2) 2010:

  • “(d) is not subject to regulation 21(1) and (2) but is subject to regulation 21 as in force immediately before it was amended by regulation 9 of the Student Allowances Amendment Regulations (No 2) 2010:

  • “(e) is not subject to regulation 22(1) and (2) but is subject to regulation 22 as in force immediately before it was amended by regulation 10 of the Student Allowances Amendment Regulations (No 2) 2010:

  • “(f) is not subject to regulation 33(1) but is subject to regulation 33(1) as in force immediately before it was amended by regulation 12 of the Student Allowances Amendment Regulations (No 2) 2010.”