Student, education provider and third party obligations
Obligations
Students, education providers and other third parties all have obligations, both to provide information, and to respond to requests for information.
Student obligations
Application and subsequent advice
A student must provide complete and accurate information when completing an application and when advising of a change in circumstances.
A student must advise of any change in circumstances that would materially affect their entitlement to a Student Allowance.
Written request to a student
At any time, by written notice to any student, MSD can require the student to provide any papers, documents, records, information or other things that are in the student's possession or under the student's control that are required to determine their entitlement to or rate of entitlement to a Student Allowance.
The authority also allows MSD to make copies of any such papers, documents or records that MSD receives in case MSD needs to retain the documents for any future assessments that may occur.
Investigation
At any time MSD may investigate a student's circumstances in order to determine whether or not a student is or was entitled to get a Student Allowance payment.
A student, who is asked questions during this investigation, must answer those questions.
Education provider obligations
Education providers are obliged to provide MSD with information and details that MSD reasonably require in order to determine a student's entitlement to a Student Allowance.
The mechanism for requesting this information is the Verification of Study (VoS) process and the procedures that surround it.
The Verification of Study (VoS) process may include follow up questions.
Private Training Establishment obligations
Private training establishments are also required to:
- keep accurate enrolment and academic records for each student enrolled in a programme or training scheme and
- ensure that the enrolment records are readily available, upon request, to MSD among others
This provision is specific to private training establishments as they are not public institutions and therefore are not subject to the provisions of the Public Records Act 2005.
Third party obligations
At any time MSD may investigate a student's circumstances in order to determine whether or not a student is or was entitled to get a Student Allowance.
In the course of this investigation, MSD may ask a third party questions. The third party must answer these questions.
MSD can ask the third party for documents supporting the answers to these questions, they are not required to provide any documents.
Suspension or refusal to grant entitlement
When MSD are satisfied that a student or third party has, without reasonable cause, failed or refused to comply with a request to supply information or documents or answer questions, MSD may suspend or refuse to grant entitlement.
A student must be warned of the consequence of failure or refusal to comply with a request, and given the opportunity to either explain their refusal or comply.
When a third party fails to comply with a request for information or documents or answer questions, MSD must, before taking action to suspend or refuse to grant entitlement, provide the student with the opportunity to provide the information.
Legislation
- Notification of change in student's circumstances affecting entitlement regulation 41 Student Allowances Regulations 1998
- Review of certain allowances regulation 45 Student Allowances Regulations 1998
- Student allowances and administration of student loans clause 8, schedule 9 Education and Training Act 2020
- Disclosure of enrolment information by private training establishments clause 9, schedule 9 Education and Training Act 2020
- Duties of private training establishments to maintain student records section 361 Education and Training Act 2020
- Disclosure of enrolment information by secondary schools clause 2, schedule 9 Education and Training Act 2020
- Recipients of allowances or student loans, and other persons, may be required to provide information clause 3, schedule 9 Education and Training Act 2020
- Suspension or refusal for not providing information clause 4, schedule 9 Education and Training Act 2020
