Social Security (FaCSIA) (Exempt Northern Territory Persons) Determination 2007 (Cth)

Social Security (FaCSIA) (Exempt Northern Territory Persons) Determination 2007

Social Security (Administration) Act 1999

I, MALCOLM THOMAS BROUGH, Minister for Families, Community Services and Indigenous Affairs, make this Determination under subsection 123UG (4) of the Social Security (Administration) Act 1999.

Dated 13 September 2007

MAL BROUGH

Minister for Families, Community Services and Indigenous Affairs

1. Name of Determination

This Determination is the Social Security (FaCSIA) (Exempt Northern Territory Persons) Determination 2007.

1. Commencement

This Determination commences on the day after it is registered.

1. Interpretation

In this Determination:

ABSTUDY is a current special educational assistance scheme within the meaning of that term given in subsection 3 (1) of the Student Assistance Act 1973.

Act means the Social Security (Administration) Act 1999.

Assistance for Isolated Children is a current special educational assistance scheme within the meaning of that term given in subsection 3 (1) of the Student Assistance Act 1973.

austudy means the austudy payment described in Part 2.11A of the Social Security Act 1991.

educational institution has the same meaning as in subsection 23 (1) of the Social Security Act 1991.

Secretary has the same meaning as in subsection 23 (1) of the Social Security Act 1991.

student income support payment means any of the following:

(a)    ABSTUDY;

(b)    Assistance for Isolated Children;

(c)    austudy;

(d)    youth allowance.

third party means any of the following:

(a)    an educational institution;

(b)    an accommodation provider engaged by Centrelink;

(c)    a transport provider engaged by Centrelink.

youth allowance means the youth allowance described in Part 2.11 of the Social Security Act 1991.

Note   The following expressions are defined in the Act:

·      declared relevant Northern Territory area

·      exempt Northern Territory person

·      relevant Northern Territory area.

1. Exempt Northern Territory persons

(1)   For subsection 123UG (4) of the Act, the following persons are specified:

(a)    a person who is in a relevant Northern Territory area or a declared relevant Northern Territory area as part of the implementation of the Australian Government package of national emergency measures to protect Aboriginal children in the Northern Territory;

(b)    a student whose student income support payment is paid to a third party;

(c)    a student who receives an ABSTUDY Residential Costs Option;

(d)    a student:

(i)    enrolled in an educational institution outside a relevant Northern Territory area or a declared relevant Northern Territory area; and

(ii)    receiving a student income support payment at the away from home rate.

(2)   A student mentioned in paragraph (1) (c) or (d) who lives in a relevant Northern Territory area or declared relevant Northern Territory area during the long vacation between academic years ceases to be an exempt Northern Territory person for the period of that vacation.