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Raising ABSTUDY debts 107-09120050

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Policy

ABSTUDY

Links to the ABSTUDY Policy Manual go to pdf and docx documents. Select the document and go to the reference(s) below.

ABSTUDY Policy Manual

  • 3.1, Definition of an Overpayment
  • 3.3, Responsibility for Overpayments
  • 4.2, Review and Appeal of ABSTUDY Eligibility or Entitlement Decisions
  • 4.3, Review and Appeal of ABSTUDY Debt Recovery Decisions
  • 57.1, Overall Living Allowance rate calculation process

Taxation

Under the Income Tax Assessment Act 1936, student assistance allowances paid on behalf of, or directly to students under 16 years of age (regardless of their status) are not treated as taxable income.

ABSTUDY Policy Manual

  • 5.1 Tax status of ABSTUDY Allowances

Legislation

Links to the Federal Register of Legislation site go to a 'Series' page. Select the 'Latest' version.

What is a debt?

A reference to a special education assistance overpayment relates to an overpayment of a current or former payment of:

  • ABSTUDY
  • ABSTUDY Pensioner Education Supplement (PES), or
  • Assistance for Isolated Children (AIC) Scheme

A reference to a student assistance overpayment relates to an overpayment of:

  • AUSTUDY (before 1 July 1998), or
  • Financial Supplement Loan (FSL)

Student Assistance Act 1973

  • section 38, What is a Debt?
  • section 39, Debts are recoverable by the Commonwealth
  • section 42, Recovery of certain overpayments from third parties
  • section 43, Secretary may write off debt
  • section 43A, Power to waive Commonwealth's right to recover debt
  • section 43B, Waiver of debt arising from error
  • section 43D, Waiver of small debt
  • section 43F, Waiver in special circumstances