Contents
Student allowance : Contents

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.

Legislation