Student Allowance appeals
The Education and Training Act 2020 sets out the decisions that have a statutory right of review. The table below describes those decisions and the applicable regulations from the Student Allowances Regulations 1998.
Education and Training Act 2020 - clause 5(1), Schedule 10 | Student Allowance Regulations 1998 |
(a) Fixing the amount of any allowance | Regulation 2 Interpretation Regulation 4 Assessment of parental income Regulation 5 Reassessment of parental income Regulation 6 Assessment of income of spouse or partner Regulation 18 Amount of allowances to be paid to students Regulation 24 Amount of accommodation benefit Regulation 24A Amount of accommodation benefit for single student with supported child Regulation 42A Relationship status for student allowance purposes Regulation 43 Calculation of personal income Regulation 44 Deprivation of income Regulation 45 Review of certain allowances Schedule 2 Amount of certain grants Schedule 3 Maximum weekly value of accommodation benefit payable under regulation 24(1) |
(b) Declining to award an allowance to any person | Regulation 7 Eligibility for basic grant Regulation 8 Eligibility for independent circumstances grant Regulation 9 Eligibility for accommodation benefit Regulation 12 Eligibility for certain allowances Regulation 12A Chief Executive may approve part-time course for student Regulation 13 Student not eligible for certain allowances Regulation 14 Student may not be eligible for allowances Regulation 20 Maximum periods of allowances Regulation 23A Limitation on payment for permanent residents Regulation 23B Limitation on payment for students enrolled at overseas campus or delivery sites Regulation 40 Applications Regulation 41 Notification of change in student's circumstances Regulation 42 Form of statement for continuing eligibility Regulation 45 Review of certain allowances |
(c) Approving as a full-time programme for any person in any year any specified part of a course of study (d) Refusing to approve as a full-time programme in any year any part of a course of study for any person | MSD does not approve or have the ability to refuse to approve a programme, including whether it is full-time or not. The Tertiary Education Commission and the Ministry of Education are responsible for approving programmes. See the definition of 'recognised course of study' and 'recognised programme' in Regulation 2 - Interpretation. |
(e) Refusing to extend the period for which any person may receive payments under any allowance | Regulation 19 Payment of certain allowances Regulation 20 Maximum periods of allowances Regulation 23 Period for which certain allowances payable |
(f) Refusing to recognise the amount of work passed in any year by any person as being sufficient to entitle the person to the reinstatement of any allowance (g) Refusing to recognise any qualification or amount of work gained or passed by any person as being equivalent to any other qualification or amount of work | Regulation 30 Suspension of certain allowances for failure of full-time course of study (other than secondary instruction) Regulation 32 Reinstatement of certain allowances. |
Regulations that are not directly covered by clause 5(1) of Schedule 10 of the Education and Training Act 2020.
Regulation 33 | Postponement of course of study |
Regulation 24B | Period for which accommodation benefit payable |
Regulation 28 | Suspension of allowances during detention in prison |
Regulation 29 | Suspension of allowances for failure to attend or perform work |
Regulation 31 | Suspension of certain allowances for failure to give statements |
Regulation 34 | Suspension of certain allowances due to tertiary provider losing accreditation |
Regulation 35 | Suspension of certain allowances due to injury, sickness or holidays |
Part 6 | Regulations 36-39 - Appeals |
Regulation 46 | Certain allowances to be inalienable |
Schedule 3A | Regions and countries - in relation to overseas study |
When there is no agreement whether a statutory right of review exists
When there is doubt whether a decision is subject to a statutory right of review, or a student disputes whether a decision is subject to a statutory right of review, then it would generally be appropriate to provide a statutory review.
In some circumstances it may be necessary for the Student Allowance Appeal Authority to make a determination whether a statutory right of review exists, before considering the substantive matter under dispute.
Where this occurs, a legal submission will be required on the question of whether a statutory right of review exists.
For more information see:
Legislation
- Appeals Part 6 Student Allowances Regulations 1998
- Appeals clause 5, Schedule 10 Education and Training Act 2020
