Direction by the Minister of Social Welfare In the matter of section 5 (2) of the Social Security Act 1964, to the Director-General of Social Welfare: Pursuant to section 5 (2) of the Social Security Act 1964, I, Roger Morrison Sowry, Minister of Social Welfare, give the following direction. Dated this 30th day of June 1998. Hon. Dr N. SMITH, for Hon. ROGER SOWRY, Minister of Social Welfare. D i r e c t i o n Grant of Emergency Benefits to Students In relation to the granting of the emergency benefit under section 61 of the Social Security Act 1964 to full-time students, and without limiting the discretion available to you in that section, you must have regard to the following matters: 1. In this direction, unless the context otherwise requires, ``Act'' means the Social Security Act 1964: ``Cash assets'', in relation to any person, means the assets of that person and his or her spouse (if any) that can be readily converted into cash and includes: (a) Shares, stocks, debentures, bonus bonds, and other bonds; (b) Bank accounts, including fixed and term deposits with any bank, friendly society, credit union, or building society; (c) Money invested with or lent to any bank or other financial institution; (d) The net equity held in any property or land not used as the person's home; (e) Building society shares; (f) Mortgage investments and other long term loans; (g) Bills of exchange or promissory notes; (h) The applicant's share in any partnership; but does not include: (i) The motor vehicle principally used by the applicant for his or her personal use; (j) A caravan, boat, or other vehicle (i) The net equity in which is less than $2,000; or (ii) Which is used by the person or a member of his or her family for day to day accommodation; (k) The personal effects of the person and his or her spouse (if any): ``Course'' means a full-time course within the meaning of the Student Allowances Regulations 1991: ``Full-time student'' has the same meaning as in section 18 of the Social Security Amendment Act 1998: ``Student Allowance'' means a basic grant or an independent circumstances grant under the Student Allowances Regulations 1991; and terms otherwise defined in section 3 (1) of the Act have the meanings so defined. 2. Where an applicant for an emergency benefit is a full-time student and (a) Has cash assets of or less than (i) $4,300, where the applicant is single; or (ii) $7,464, where the applicant is married or single with dependent children; and (b) Has no other means to support himself or herself or his or her dependent spouse or dependent children; and (c) The applicant (i) Has been receiving a student allowance during the academic year; or (ii) At the time of application is entitled to a student allowance or would be entitled to a student allowance but for the fact the course he or she intends to enrol in or has enrolled in has not commenced, the applicant may be granted an emergency benefit. 3. Where clause 2 (a) and (b) apply to an applicant for an emergency benefit who is a full-time student, but the applicant (a) Has not received a student allowance during the academic year; or (b) At the time of the application for the benefit, is not entitled to a student allowance or would not be entitled to a student allowance if he or she was attending a course, the applicant should not be granted an emergency benefit unless, having regard to the following matters, you believe that such a grant is justified: (c) The sources of money for living costs which have been or are available to the applicant to support himself or herself, including a student loan; (d) Any decision by the applicant not to access any source of money available to him or her for living costs, including a student loan; (e) The reasons why the applicant is not entitled to a student allowance; (f) Where the applicant would not be eligible for a student allowance because of parental income, his or her parents' financial circumstances; (g) The causes of the applicant's hardship (if hardship exists); (h) The nature and likely duration of that hardship; (i) The health of the applicant; (j) The ability of the applicant to improve his or her financial situation; and (k) Any other matters that in the particular case you consider to be relevant. 4. Nothing in this Direction requires you to grant an emergency benefit if, in your discretion, you determine such grant ought not to be made.