Failure for reasons beyond a student's control

The 'failure for reasons beyond a student's control' exception provides discretion to make an entitlement decision based on the intent and wording of the regulation, and the facts of the particular situation.

A student may qualify for this exception if:

• they failed to pass more than half of a full-time course because of reasons beyond their control or
• they were unable to complete a Master's Degree due to reasons beyond the student's control

'Reasons beyond their control' may include but are not limited to:

• medical, social or psychological reasons which prevented the student passing their course - in the case of continuing illness or other reasons, evidence should also be obtained that the student is now capable of undertaking their study
• course cancellation - where the education provider has cancelled or changed the course or withdrawn tuition

Financial hardship is not in itself an acceptable circumstance.

Where an exception under 'reasons beyond a student's control' is approved, the student must be advised of the consequences of further failure for the same reasons for their future entitlement. In particular, that ongoing failure will more likely than not result in a further application being declined.

Acceptable evidence of reasons beyond a student's control may include:

• a medical certificate specifically stating the effect of the illness on the student's study. Where the illness is on-going, it needs to include confirmation that the student is now capable of successfully undertaking their study
• statement from a solicitor, minister of religion, social worker etc, setting out details of the family circumstances that have adversely affected the student's study. Where this reason is ongoing, it needs to include confirmation that the student is now capable of successfully undertaking their study.
• a statement by their education provider advising of a change in the course, withdrawal of tuition etc. which was not initiated by the student and which made it impossible for them to complete the course

It is not appropriate to continue to allow a student to access a Student Allowance where it is evident that they are continuing to fail more than half of their study, even if this is for reasons that are beyond the student's control.

The performance test is designed to ensure only students who succeed in their study can continue to access a Student Allowance.

If a student is repeatedly failing to meet the performance requirement, even for reasons beyond their control, further investigation is required. This investigation may include, but is not limited to, consideration of whether:

• a reduction in study is likely to improve the student's performance. If this means the student reduces their study to less than full-time, a limited full-time approval may be appropriate
• the student is receiving their full and correct entitlement. A student who is not succeeding may be under financial pressure due to unanticipated costs associated with their situation. They may also have difficulty in accessing the services they need if there is a cost involved

In some cases, it may be prudent to suspend access to a Student Allowance until a decision is made.

If a 'failure for reasons beyond a student's control' exception is approved, you may also consider extending a student's entitlement to the Student Allowance beyond the 120 or 200 week limit.

An extension granted under this provision would need to relate to the reasons beyond the students control. The decision to grant an extension needs to clearly explain why the number of weeks was approved. A reasonable decision needs to be made that ensures the student is not disadvantaged due to their failure for reasons beyond their control.

In addition, there may be situations where a tertiary student has been granted an extension under the special circumstances provision, but has subsequently failed for reasons beyond the student's control. They can be granted a further extension under the 'reasons beyond their control' provision, provided they relate to the study undertaken during their extension period.

Students granted extensions due to 'reasons beyond their control' are subject to the age limitation when the student reaches 65 years of age.

For study starting on or after 1 January 2013, Student Allowance eligibility for all NZQF (New Zealand Qualifications Framework) level 8 and above postgraduate certificates, diplomas, master's degrees, and doctorates were removed. There was a transitional provision for some students affected by this policy change.