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INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-15 - NON-ASSESSABLE INCOME    View history reference

Division 52 - Certain pensions, benefits and allowances are exempt from income tax    View history reference

Subdivision 52-E - Exempt payments under the ABSTUDY scheme    View history reference

Operative provisions

SECTION 52-131  Payments under ABSTUDY scheme  

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52-131(1)  

This section tells you about the income tax treatment of a payment under the ABSTUDY scheme made in respect of a period commencing at a time when you were at least 16 years old.

Note:

The whole of a payment made under the ABSTUDY scheme in respect of a period commencing at a time when you are under 16 years old may be exempt under section 51-10.

52-131(2)  

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A crisis payment, or clean energy payment, made to you under the ABSTUDY scheme is exempt from income tax.

52-131(3)  

If:


(a) an *ordinary payment becomes due to you; and


(b) the payment is not covered by subsection (4) or (6);

the *supplementary amount of the ordinary payment is exempt from income tax.

Note:

To work out the supplementary amount of the ordinary payment, see section 52-132.

52-131(4)  

If:


(a) your partner dies; and


(b) you do not qualify for a payment under the ABSTUDY scheme in respect of that death; and


(c) an *ordinary payment becomes due to you during the bereavement period;

the *supplementary amount and the *tax-free amount of the ordinary payment are exempt from income tax.

Note 1:

To work out the supplementary amount of the ordinary payment, see section 52-132.

Note 2:

To work out the tax-free amount of the ordinary payment, see section 52-133.

52-131(5)  

If a payment becomes due to you under the ABSTUDY scheme because of a person's death (except a lump sum payment because of your partner's death), the payment is exempt from income tax.

52-131(6)  

If:


(a) your partner dies; and


(b) a lump sum payment under the ABSTUDY scheme becomes due to you because of your partner's death;

the total of the following are exempt from income tax up to the *tax free amount:


(c) the lump sum payment; and


(d) all other payments that become due to you under the ABSTUDY scheme during the bereavement lump sum period.

Note:

To work out the tax-free amount, see section 52-134.

52-131(7)  

ABSTUDY scheme means the scheme known as ABSTUDY.

52-131(8)  

Ordinary payment means a payment under the ABSTUDY scheme, other than:


(a) a crisis payment; or


(aa) a clean energy payment; or
 View history reference


(b) a payment made because of a person's death.

52-131(9)  

The following expressions used in this Subdivision have the same meaning as in the ABSTUDY Policy Manual:


(a) bereavement lump sum period;


(b) bereavement period;


(c) illness separated couple;


(d) lump sum payment;


(e) partner;


(f) pension age;


(g) respite care couple.

Note:

In 2009, the ABSTUDY Policy Manual was accessible through the website of the Department administered by the Student Assistance Minister.


 



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