Review of Austudy Debt (pre 1 July 1998) decisions 109-05030000

Debts raised for Austudy payments made before 1 July 1998 may be reviewed by Services Australia. There is a 3 month time limit for seeking review of these decisions, but the time limit may be extended to the date the review is requested if a determination is made that special circumstances exist.

If a determination to extend the time limit is made, the normal reconsideration process is followed.

Prior to 1 July 1998, the AUSTUDY scheme was administered under the Student Assistance Act 1973. This Act contains provisions for raising debts accrued under the AUSTUDY scheme. Even though this AUSTUDY scheme has been abolished, the debt raising and recovery provisions are still in force. This means that debts under the AUSTUDY scheme can still be investigated, raised and recovered. The Act also has a 3 month time limit on seeking a review of a decision under the Student Assistance Act 1973.

AUSTUDY debts appealed more than 3 months after the decision to raise and recover the debt can only be reviewed if a determination is made that special circumstances exist that allow the time limit to be extended.

The AUSTUDY scheme was abolished on 30 June 1998, with a new scheme being introduced that split study payments into Youth Allowance (YA) and Austudy. These payments were closely aligned with existing social security payments and incorporated into the Social Security Law. There is no time limit on seeking review of debt decisions made under the Social Security Law.

Most relevant staff members are delegated to make the determination extending the time limit for seeking a review under the Student Assistance Act.

It is impossible to give an exhaustive list of all factors relevant to special circumstances or prescribe those circumstances in which the discretion should or should not be exercised. Each case must be considered on its merits. Guidance is available in the procedure regarding special circumstance reviews of compensation payments under Section 1184K.

A determination to refuse the extension of time is a decision which may be appealed to a higher review level. That is, if an extension of time is refused by a Service Officer, the customer must be given the option of having the refusal reviewed by an Authorised Review Officer (ARO).