Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 .
(1) Subject to subsections (2) to (10), this Act commences on 1 July 1998.
(2) Schedule 2 commences on 1 July 1998, immediately after the commencement of the
Social Security Legislation Amendment (Youth Allowance) Act 1998 (theYouth Allowance Act ).(3) Part 1 of Schedule 3 commences immediately after whichever of the following events occurs later:
(a) the commencement of the Youth Allowance Act;
(b) the start of the day on which the
Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998 (theBudget Measures Act ) receives the Royal Assent.If the 2 events occur at the same time, that Part commences immediately after the commencement of the Youth Allowance Act.
(4) Despite subsection (3), if the Budget Measures Act receives the Royal Assent after 1 July 1998, item 2 of Schedule 3 to this Act commences immediately after the commencement of the Youth Allowance Act.
(5) Part 2 of Schedule 3 commences immediately after the commencement of items 4, 5, 6 and 11 of Schedule 4 to the Budget Measures Act.
(6) Part 3 of Schedule 3 commences on 20 September 1998, immediately after the commencement of Schedule 3 to the Budget Measures Act.
(7) Part 4 of Schedule 3 commences on 1 July 1999, immediately after the commencement of item 1 of Schedule 5 to the Budget Measures Act.
(8) Items 89 to 91 of Schedule 9 commence on the day on which this Act receives the Royal Assent.
(9) Item 1 of Schedule 10 commences on the day on which this Act receives the Royal Assent.
(10) Item 71 of Schedule 13 commences on 20 September 1998, immediately after the commencement of Part 4 of Schedule 1 to the
Veterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 .(11) Schedule 14 commences immediately after the commencement of subsection 543A(2A) of the
Social Security Act 1991 (inserted in that Act by theSocial Security Legislation Amendment (Youth Allowance) Act 1998 ).
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Insert the following entries in their appropriate alphabetical position, determined on a letter‑by‑letter basis:
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After “1067E”, insert “and 1067J”.
3
Section 3 (entry relating to long term income support student) After “1067F”, insert “and 1067K”.
Insert:
higher education institution means an institution that is a higher education institution for the purposes of theStudent Assistance Act 1973 .
Insert:
TAFE institution means an institution that is a technical and further education institution for the purposes of theStudent Assistance Act 1973 .
Insert:
Subject to this Subdivision, a person is qualified for an austudy payment in respect of a period if, throughout the period:
(a) the person satisfies the activity test (see Subdivision B); and
(b) the person is of austudy age (see Subdivision C); and
(c) the person satisfies the residency requirements that apply to the person under Subdivision D.
Note: Division 2 sets out situations in which an austudy payment is not payable even if the person qualifies for it.
If:
(a) a person was receiving a social security pension; and
(b) the person claims an austudy payment within 14 days after the day on which the last instalment of the person’s pension was paid; and
(c) the person becomes qualified for an austudy payment at some time during the 14 day period but after the first day of that period;
the person is taken to be qualified for an austudy payment for the whole of the 14 day period.
General
(1) Subject to subsection (2), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is undertaking qualifying study (see section 569A).
Persons who do not satisfy the activity test
(2) A person cannot be taken to satisfy the activity test if the person:
(a) is employed on a full‑time basis as an apprentice or trainee under an industrial instrument and has a training agreement (however described) with a training authority (by whatever name called) of a State or Territory; or
(b) has completed a course for:
(i) a degree of Master or Doctor at an educational institution; or
(ii) a qualification at a foreign institution that is, in the Secretary’s opinion, of the same standing as a degree of Master or Doctor at an educational institution.
Note: For
educational institution see subsection 23(1).
Industrial instrument
(3) In paragraph (2)(a):
industrial instrument means an award or agreement (however described) that:
(a) is made under or recognised by a law of the Commonwealth or of a State or Territory that:
(i) regulates the relationships between employers and employees; or
(ii) provides for the prevention or settlement of disputes between employers and employees; and
(b) concerns the relationship between an employer and the employer’s employees, or provides for the prevention or settlement of a dispute between an employer and the employer’s employees.
For the purposes of this Part, a person is
undertaking qualifying study if:
(a) the person:
(i) is enrolled in a course of education at an educational institution; or
(ii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re‑enrol in the course when re‑enrolments in the course are next accepted; or
(iii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and
(b) the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 569B); and
(c) the person is a full‑time student or a concessional study‑load student in respect of that course (see sections 569C and 569D); and
(d) the person satisfies the progress rules (see sections 569G and 569H).
For the purposes of paragraph 569A(b), a course is an approved course of education or study if it is a course that the Employment Minister has determined, under section 5D of the
Student Assistance Act 1973 , to be a secondary course or a tertiary course for the purposes of that Act.
For the purposes of this Subdivision, a person is a
full‑time student in respect of a course if:
(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least three quarters of the normal amount of full‑time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least three quarters of the normal amount of full‑time study in respect of the course for that period.
Note: For
normal amount of full‑time study see section 569E.
(1) For the purposes of this Subdivision, there are 2 classes of concessional study‑load students, namely:
(a) 25% concessional study‑load students; and
(b) 66% concessional study‑load students.
(2) For the purposes of this Subdivision, a person is a
25% concessional study‑load student in respect of a course if this subsection applies to the person and:
(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least one quarter, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least one quarter, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period.
(3) For the purposes of this Subdivision, a person is a
66% concessional study‑load student in respect of a course if this subsection applies to the person and:
(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least two thirds, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least two thirds, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period.
Note: For
normal amount of full‑time study see section 569E.(4) Subsection (2) applies to a person if:
(a) an officer in the Commonwealth Rehabilitation Service has stated in writing that:
(i) the person has a substantial physical disability; and
(ii) the person cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or
(b) a medical practitioner specialising in psychiatry has stated in writing that:
(i) the person has a substantial psychiatric disability; and
(ii) the person cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or
(c) a psychologist who is registered with the Australian Psychological Society has stated in writing that the person:
(i) is intellectually disabled; and
(ii) cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability.
(5) Subsection (3) applies to a person if:
(a) the person cannot undertake the course as a full‑time student because of:
(i) the relevant educational institution’s usual requirements for the course; or
(ii) a specific direction in writing to the person from the academic registrar or an equivalent officer; or
(b) the academic registrar (or an equivalent officer) of the relevant educational institution recommends in writing that the person undertake less than the normal amount of full‑time study in respect of the course for specified academic or vocational reasons for a period not exceeding half an academic year.
(1) For the purposes of this Subdivision, the
normal amount of full‑time study in respect of a course is:
(a) if the course is a designated course of study within the meaning of Chapter 4 of the
Higher Education Funding Act 1988 —the standard student load determined in respect of the course by the institution in question under subsection 39(2) of that Act; or(b) if the course is not such a designated course and the institution defines an amount of full‑time study that a full‑time student should typically undertake in respect of the course—the amount so defined; or
(c) otherwise—an amount of full‑time study equivalent to the average amount of full‑time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.
(2) Without limiting subsection (1), the
normal amount of full‑time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
A person is taken to be undertaking full‑time study or a concessional study‑load (as the case may be) in respect of a course during the period (the
relevant period ):
(a) starting on the first day of classes in a study period; and
(b) ending on the Friday of the second week of classes in the study period;
if the person is enrolled in the course and undertakes study in respect of the course on at least one day in the relevant period.
General rule
(1) Subject to subsection (2), a person enrolled in, or intending to enrol in, a secondary course satisfies the progress rules for the purposes of paragraph 569A(d) if, in the Secretary’s opinion, the person is making satisfactory progress towards completing the course.
Students repeating year 12
(2) A person does not satisfy the progress rules if:
(a) the person is enrolled in a secondary course that is at year 12 level, or the overall level of which is at year 12 level (see subsections (3) and (4)); and
(b) the person has been a full‑time student in respect of a course at that level (a
previous course ) in each of 2 previous years; and(c) none of the following circumstances apply:
(i) the person failed a previous course because of an illness that had not been diagnosed when the person began that course;
(ii) the person failed a previous course because of other circumstances beyond the person’s control that were not apparent when the person began that course;
(iii) the person failed a previous course because English is not the person’s native language;
(iv) the person completed or discontinued a previous course within 6 months after the relevant academic year started;
(v) each of the previous courses was undertaken more than 10 years before the present study.
Course at year 12 level
(3) A secondary course is at year 12 level if the institution in which the course is undertaken regards it as being at year 12 level.
Overall level of course at year 12 level
(4) The overall level of a secondary course is at year 12 level if the institution in which the course is undertaken regards at least 50% of the course as being at year 12 level.
Meaning of secondary course
(5) For the purposes of this section, a course is a secondary course if the Employment Minister has determined, under section 5D of the
Student Assistance Act 1973 , that the course is a secondary course for the purposes of that Act.
Full‑time students
(1) A person who is a full‑time student in respect of a tertiary course satisfies the progress rules if:
(a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or
(b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;
the time already spent by the student on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for that course.
Note: For allowable study time for a course see subsection (3).
Concessional study‑load students
(2) A person who is a concessional study‑load student in respect of a tertiary course satisfies the progress rules if:
(a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or
(b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;
the time already spent by the person on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for the course.
Note: For allowable study time for a course see subsections (3) and (4).
Allowable study time—full‑time students and 66% concessional study‑load students
(3) The allowable study time for a course undertaken by a full‑time student or a 66% concessional study‑load student is:
(a) if the minimum amount of time needed to complete the course as a full‑time student is one year or less—that minimum amount of time; or
(b) if the minimum amount of time needed to complete the course as a full‑time student is more than 1 year and:
(i) the student is enrolled, or intends to enrol, in a year‑long subject; or
(ii) the student’s further progress in the course depends on passing a whole year’s work in the course;
the minimum amount of time plus 1 year; or
(c) in any other case—the minimum amount of time needed to complete the course as a full‑time student plus half an academic year.
Allowable study time—25% concessional study‑load students
(4) The allowable study time for a course undertaken by a 25% concessional study‑load student is twice the minimum period in which it is possible to complete the course as a full‑time student but the Secretary may approve, in particular cases, an allowable study time of up to four times the minimum period in which it is possible to complete the course as a full‑time student.
Time spent by person studying part‑time
(5) If a student has studied part‑time for a course over a certain period, the time spent by the student on that course is taken to be the proportion of that period calculated by using the formula:
where:
normal full‑time study means the normal amount of full‑time study for the course.
study undertaken means the amount of study undertaken part‑time by the student for the course.
Current full‑time students who have previously undertaken courses as concessional study‑load students
(6) If:
(a) a person is undertaking a course as a full‑time student; and
(b) the person has previously undertaken:
(i) part of the course; or
(ii) one or more than one other course at the same level as that course;
as a concessional study‑load student; and
(c) the time spent by the person undertaking the part of the course referred to in subparagraph (b)(i), or the course or courses referred to in subparagraph (b)(ii), (the
previous study ) is not to be disregarded under subsection (7);
the time spent by the person undertaking the previous study is taken to be equal to the minimum amount of time that a full‑time student would have taken to complete the previous study.
Matters to be disregarded in determining whether someone has exceeded the allowable study time
(7) In determining whether a person has exceeded the allowable study time (for a full‑time student or a concessional study‑load student), disregard the following:
(a) if the person has completed a course (a pre‑requisite course) the completion of which is the normal requirement for admission to the course in which the person is enrolled or intends to enrol—time spent undertaking the pre‑requisite course;
(b) a failed year of study, or a failed part of a year of study, if the failure is because of:
(i) the person’s illness; or
(ii) other circumstances beyond the person’s control;
(c) time spent undertaking a course that has been permanently discontinued because of:
(i) the person’s illness; or
(ii) other circumstances beyond the person’s control;
(d) time spent undertaking a course that has been completed but which, because of the person’s illness, the person cannot use in any of the trades or profession to which the course is appropriate;
(e) time spent undertaking a TAFE course if the normal length of the course for a full‑time student is one year or less;
(f) time spent undertaking a course more than 10 years ago, unless the course has since been completed;
(g) time spent undertaking a course after 1973 if the course was not:
(i) approved for the Tertiary Education Assistance Scheme; or
(ii) approved for the AUSTUDY scheme; or
(iii) an approved course for the purposes of paragraph 541B(1)(c), 569A(b) or 1061PB(1)(b) of this Act;
(h) time spent undertaking a course at a foreign institution;
(i) time spent undertaking a subject from which the student withdrew, if the educational institution in which the subject was undertaken did not record the withdrawal from the subject as a failure;
(j) any time spent undertaking a course during which the person was ineligible to receive:
(i) AUSTUDY; or
(ii) a benefit under the Tertiary Education Assistance Scheme; or
(iii) youth allowance; or
(iv) austudy payment;
because of the application of rules in respect of academic progress.
Levels of tertiary courses
(8) There are 4 levels of tertiary courses, levels A, B, C and D.
Level A courses
(9) The following are Level A courses:
(a) a postgraduate bachelor degree course, with or without honours;
(b) a graduate or postgraduate diploma course;
(c) a course of practical legal training at a higher education institution;
(d) a course of advanced education regarded by an accrediting authority as being at PG1 level;
(e) a graduate certificate course.
Level B courses
(10) The following are Level B courses:
(a) a bachelor degree course (other than a postgraduate course), with or without honours;
(b) the bachelor level component of a masters degree course with concurrent bachelor and masters level study;
(c) a diploma course other than:
(i) a graduate or postgraduate diploma course; or
(ii) a course for which an entry requirement is successful completion of year 10 of secondary studies; or
(iii) a TAFE course;
(d) a Master’s qualifying course;
(e) the Barristers or Solicitors Admission Board’s course;
(f) a course of advanced education regarded by an accrediting authority as being at UG1 or UG2 level.
Level C courses
(11) The following are Level C courses:
(a) an associate degree course;
(b) an associate diploma course;
(c) a diploma course at a TAFE institution for which an entry requirement is successful completion of year 12 of secondary studies;
(d) a 2‑year undergraduate diploma course.
Level D courses
(12) The following are Level D courses:
(a) a TAFE course at a higher education institution;
(b) a TAFE course, unless the course is in Level A, B or C.
Meaning of tertiary course
(13) For the purposes of this section, a course is a tertiary course if the Employment Minister has determined, under section 5D of the
Student Assistance Act 1973 , that the course is a tertiary course for the purposes of that Act.
General
(1) Subject to subsection (2), a person is of austudy age for the purposes of this Part if the person is at least 25 years old.
Study begun before turning 25
(2) Even if the person is at least 25 years old, the person is taken not to be of austudy age if the person:
(a) was receiving youth allowance immediately before turning 25; and
(b) has not yet attained the maximum age for youth allowance (see subsection 543B(2)).
The requirements that apply to a person relating to residency in respect of a period are that, throughout the period, the person:
(a) is an Australian resident; and
(b) subject to this Subdivision, is in Australia.
General
(1) Paragraph 571(b) does not apply to a person if the person is undertaking qualifying study and:
(a) is absent from Australia for the purpose of undertaking part of the studies for the course of education in respect of which the person is undertaking qualifying study; or
(b) is absent from Australia, for any other purpose, for not more than 26 weeks.
Temporary return to Australia
(2) If the person:
(a) returns to Australia after having been outside Australia (whether before or after the commencement of this section) for more than 13 weeks; and
(b) leaves Australia before the end of 13 weeks after he or she so returned to Australia;
the person is taken, for the purposes of paragraph (1)(b), to have continued to be absent from Australia throughout the period from the time of the return to the time when the person so left Australia.
An austudy payment is not payable to a person who is qualified for austudy payment:
(a) if the value of the person’s assets exceeds the person’s assets value limit (see Subdivision B); or
(b) before the person’s provisional commencement day (see Subdivision C); or
(c) while the person is subject to a waiting period (see Subdivision D); or
(d) while an activity test non‑payment period applies to the person (see Subdivision E); or
(e) while the person is subject to an administrative exclusion (see Subdivision F); or
(f) while the person is subject to a multiple entitlement exclusion (see Subdivision G); or
(g) while the person’s austudy payment rate would be nil.
Note 1: An austudy payment is not payable if the person is in gaol or is undergoing psychiatric confinement because the person has been charged with committing an offence (see Division 2 of Part 3.13).
Note 2: An austudy payment is not payable to a person if the person is subject to a compensation preclusion period (see Part 3.14).
An austudy payment is not payable to a person if:
(a) the person is not excluded from the application of the austudy payment assets test; and
(b) the value of the person’s assets is more than the person’s assets value limit.
Note 1: For persons excluded from application of test see section 573A.
Note 2: For
assets value limit see section 573B.
A person is excluded from the application of the austudy payment assets test if the person’s partner is receiving:
(a) a payment of pension, benefit or allowance referred to in the table at the end of this section; or
(b) a payment under Part 5 or 6 of the
Farm Household Support Act 1992 .
1 | Age pension | (Part 2.2) |
2 | Service pension (age) | (Section 36 of the Veterans’ Entitlements Act) |
3 | Defence widow’s pension—if the widow has no dependent children | (Section 70 of the Veterans’ Entitlements Act) |
4 | War widow’s pension—if the widow has no dependent children | (Section 13 of the Veterans’ Entitlements Act) |
5 | Mature age allowance | (Part 2.12A or 2.12B) |
6 | Rehabilitation allowance | (Clause 35 of Schedule 1A) |
7 | Commonwealth allowance | (New Enterprise Incentive Scheme (NEIS)) |
8 | Carer payment | (Part 2.5) |
9 | Service pension (carer) | (Section 39 of the Veterans’ Entitlements Act) |
10 | Defence widow’s pension—if the widow has a dependent child | (Section 70 of the Veterans’ Entitlements Act) |
11 | Disability support pension | (Part 2.3) |
12 | Service pension (invalidity) | (Section 37 of the Veterans’ Entitlements Act) |
13 | War widow’s pension—if the widow has a dependent child | (Section 13 of the Veterans’ Entitlements Act) |
14 | Newstart allowance | (Part 2.12) |
15 | Sickness allowance | (Part 2.14) |
16 | Special benefit | (Part 2.15) |
17 | Benefit PP (partnered) | (Part 2.10) |
(1) A person’s
assets value limit is:
(a) $125,750 if the person:
(i) is not a member of a couple (see section 4); and
(ii) is a homeowner; or
(b) $215,750 if the person:
(i) is not a member of a couple; and
(ii) is not a homeowner; or
(c) $178,500 if the person:
(i) is a member of a couple; and
(ii) is a homeowner; or
(d) $268,500 if the person:
(i) is a member of a couple; and
(ii) is not a homeowner.
Note 1: For
homeowner see subsection 11(4).Note 2: The amounts in this section are indexed annually on 1 July (see sections 1191 to 1194).
(2) If the Secretary determines in writing a higher amount in substitution for an amount specified in subsection (1) (the
existing amount ), the higher amount is taken, from the commencement of this section, to have been substituted for the existing amount. A determination under this subsection is a disallowable instrument.(3) Subsection (2) and this subsection are repealed at the end of 31 December 1998.
The value of a person’s assets is the sum of the following values:
(a) the value of the person’s assets (disregarding paragraph (b));
(b) if the person is a member of a couple (see section 4)—the value of the assets of the person’s partner.
Sections 573D and 573E apply for the purpose of working out the value of the person’s assets and of his or her partner (if any).
A person’s assets include:
(a) any benefit to which the person is entitled directly or indirectly out of the assets of a trust; and
(b) any asset of a trust that the person can deal with directly or indirectly to his or her advantage; and
(c) any interest in the assets of a trust which has been assigned to someone else but which the person can directly or indirectly control.
If:
(a) an exceptional circumstances certificate referred to in section 8A of the
Farm Household Support Act 1992 was issued in respect of a person; and(b) the certificate has effect;
the person’s assets do not include any asset that is an exempt asset in respect of the person within the meaning of that Act.
Subject to this Subdivision, a person’s provisional commencement day is the day on which the person claims an austudy payment.
Subject to section 574B, if:
(a) a person makes a claim (
initial claim ) for:
(i) a social security pension, a social security benefit (other than an austudy payment) or a service pension; or
(ii) a pension, allowance, benefit or other payment that is similar in character to an austudy payment under an Act other than this Act or under a program administered by the Commonwealth; and
(b) on the day on which the person makes the initial claim, the person is qualified for austudy payment; and
(c) the person afterwards makes a claim for austudy payment; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person’s provisional commencement day is the day on which the person made the initial claim.
If a person:
(a) is a transferee to austudy payment; and
(b) claims austudy payment within 14 days after the transfer day;
the person’s provisional commencement day is the person’s transfer day.
Note: For
transferee to austudy payment andtransfer day see subsections 23(6) and (7).
If:
(a) a person receives an austudy payment; and
(b) either:
(i) the person is subject to an administrative exclusion because of the application of section 577C; or
(ii) an administrative breach rate reduction period under Subdivision C of Division 5 applies to the person and the person’s administrative breach reduced rate is a nil rate; and
(c) payment of the allowance is cancelled or automatically terminated; and
(d) the person lodges a claim for austudy payment within 14 days after the date of effect of the cancellation or automatic termination referred to in paragraph (c);
the person’s provisional commencement day is the day after the date of effect of the cancellation or automatic termination.
If a person:
(a) claims a disaster relief payment; and
(b) is qualified for the payment; and
(c) as a result of the major disaster to which the payment relates, claims austudy payment within 14 days after the day on which the person claimed the disaster relief payment;
the person’s provisional commencement day is the day on which he or she was affected by the disaster.
For the purposes of this Part, a person may be subject to the following waiting periods:
(a) a liquid assets test waiting period (see sections 575A, 575B and 575C);
(b) a newly arrived resident’s waiting period (see sections 575D and 575E).
When person subject to liquid assets test waiting period—general
(1) Subject to this section, if:
(a) the value of a person’s liquid assets is more than the person’s maximum reserve on:
(i) the day on which the person becomes qualified for austudy payment; or
(ii) the day on which the person claims austudy payment; and
(b) the person is not a transferee to austudy payment;
the person is subject to a liquid assets test waiting period.
Note 1: For
liquid assets andmaximum reserve see section 14A.Note 2: For
transferee to austudy payment see subsections 23(6) and (7).
Exception—person already subject to liquid assets test waiting period in previous 12 months
(2) Subsection (1) does not apply to a person if, at any time during the 12 months before:
(a) the day on which the person becomes qualified for austudy payment; or
(b) the day on which the person claims austudy payment;
the person:
(c) was subject to a liquid assets test waiting period under this Part and that period has ended; or
(d) has served a liquid assets test waiting period under another Part of this Act; or
(e) has served a liquid assets test waiting period under the
Student Assistance Act 1973 as previously in force.
Exception—waiver for hardship
(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.
Note 1: For
in severe financial hardship see subsections 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).Note 2: For
unavoidable or reasonable expenditure see subsection 19C(4).
Exception—certain transferees to austudy payment
(4) Subsection (1) does not apply to a person if:
(a) the person is a transferee to austudy payment; and
(b) the person claims austudy payment within 14 days of the transfer day.
The liquid assets test waiting period of a person starts on the day on which the person became qualified for austudy payment.
Number of weeks
(1) A person’s liquid assets test waiting period is:
(a) if the result obtained under subsection (2) is 13 or more whole weeks—13 weeks; or
(b) if the result obtained under subsection (2) is fewer than 13 whole weeks—the number of whole weeks obtained under that subsection.
Working out number of weeks
(2) Subject to subsection (3), the number of weeks is worked out by using the following formula:
where:
divisor , in relation to the person, means:
(a) if the person is not a member of a couple and does not have a dependent child—$500; or
(b) otherwise—$1,000.
liquid assets means the person’s liquid assets on the day referred to in subparagraph 575A(1)(a)(i) or (ii) (as the case requires).
maximum reserve amount means the maximum reserve in relation to the person under subsection 14A(1).
Weeks etc. to be disregarded
(3) For the purposes of subsection (2), disregard:
(a) any weeks after the person claimed austudy payment during which the person was not qualified for austudy payment; and
(b) any fractions of a week.
Basic rule
(1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person:
(a) has entered Australia on or after 4 March 1997; and
(b) has not been an Australian resident in Australia for a period of, or periods totalling, 104 weeks.
Note: For
Australian resident see subsection 7(2).
Exception—qualifying residence exemption
(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.
Note: For
qualifying residence exemption see subsection 7(6).
Exception—person already subject to waiting period etc.
(3) Subsection (1) does not apply to a person if:
(a) the person has been subject to:
(i) a newly arrived resident’s waiting period under this Act; or
(ii) a waiting period under Part 2 of the
Student Assistance Act 1973 as in force immediately before 1 July 1998; or(iii) a newly arrived resident’s waiting period under Part 8 of the
Student Assistance Act 1973 as in force immediately before 1 July 1998; and(b) that period has ended.
(4) Subsection (1) does not apply to a person if:
(a) the person would:
(i) if the person had made a claim under this Act for a social security payment other than youth allowance—have been subject to a newly arrived resident’s waiting period under this Act; or
(ii) if the person had, before 1 July 1998, made a claim under the
Student Assistance Act 1973 —have been subject to a waiting period under Part 2 of that Act or a newly arrived resident’s waiting period under Part 8 of that Act;and that period would have ended; or
(b) the person has had:
(i) a qualifying residence exemption for a newstart allowance or a sickness allowance under this Act; or
(ii) a qualifying residence exemption for a youth training allowance under the
Student Assistance Act 1973 ; or(c) in the case of an AUSTUDY allowance recipient—the person was not subject to a waiting period.
If a person is subject to a newly arrived resident’s waiting period, the period:
(a) starts on the day on which the person first entered Australia; and
(b) ends when the person has been an Australian resident in Australia for a period of, or periods totalling, 104 weeks after that day.
Note: For
Australian resident see subsection 7(2).
For the avoidance of doubt, if a person is subject to 2 waiting periods under this Subdivision, an austudy payment is not payable to the person until both of those waiting periods have ended.
An activity test non‑payment period applies to a person if:
(a) the person commits an activity test breach (
latest breach ); and(b) the latest breach is the third or subsequent activity test breach in the 2 years immediately before the day after the latest breach.
Note: If the latest breach is the first or second activity test breach in the 2 years before the latest breach, an activity test rate reduction period applies to the person (see Subdivision B of Division 5).
A person has committed an activity test breach if:
(a) the person fails to satisfy the activity test (see Subdivision B of Division 1); or
(b) the person refuses or fails, without reasonable excuse, to provide information in relation to the person’s income from remunerative work when required to do so under this Act; or
(c) the person knowingly or recklessly provides false or misleading information in relation to the person’s income from remunerative work when required to do so under this Act.
Note: An activity test breach may also arise under other sections of this Act and the
Student Assistance Act 1973 as in force immediately before the commencement of section 576A of this Act (see subsection 23(1)).
Basic rule
(1) Subject to subsection (2), the length of an activity test non‑payment period is 8 weeks.
Pre‑existing non‑payment period
(2) If, at the time of the commencement of an activity test non‑payment period under this Part, the person is already subject to an activity test non‑payment period (
pre‑existing non‑payment period ), the pre‑existing non‑payment period is taken to end immediately before the commencement of the activity test non‑payment period under this Part.
Notice of start of period
(1) If an activity test non‑payment period applies to a person under this Part, the Secretary must give the person a written notice telling the person of the start of the period.
(1A) A notice under subsection (1) must contain reasons why the activity test non‑payment period applies to the person.
General rule
(2) Subject to subsection (3) of this section and section 576E, the activity test non‑payment period starts on the day on which the notice is given to the person.
Austudy payment ceasing to be payable
(3) Subject to section 576E, if:
(a) on or before the day on which a person’s activity test non‑payment period would (apart from this subsection) have started, an austudy payment ceases to be payable to the person; and
(b) it has not ceased to be payable because of the application of an activity test non‑payment period;
the activity test non‑payment period starts on the day on which the austudy payment ceases to be payable to the person.
Application of section
(1) This section applies if, under this Part:
(a) an activity test non‑payment period applies to a person; and
(b) during the whole or a part of that period, the whole or a part of an activity test breach rate reduction period (
overlap period ) applies to the person.Note: An administrative breach rate reduction period may also apply to the person (see section 583C).
Overlap period
(2) Subject to subsection (4), the activity test non‑payment period and the activity test breach rate reduction period are to run concurrently during the overlap period.
Which restriction is to apply
(3) Subject to section 576E, only the non‑payment restriction relating to the activity test non‑payment period is to apply to the person during the overlap period.
Pre‑existing activity test breach rate reduction period
(4) If, at the time of the commencement of an activity test non‑payment period under this Part, the person is already subject to an activity test breach rate reduction period (
pre‑existing reduction period ), the pre‑existing reduction period is taken to end immediately before the commencement of the activity test non‑payment period under this Part.
Application of section
(1) This section applies if, under this Part:
(a) an activity test non‑payment period applies to a person; and
(b) during the whole or a part of that period, the whole or a part of a waiting period (
overlap period ) applies to the person.Note: An administrative breach rate reduction period may also apply to the person (see section 583C).
Overlap period
(2) The non‑payment period and the waiting period are to run concurrently during the overlap period.
Which restriction is to apply
(3) Despite any other provision of this Act, only the restriction on payment relating to the waiting period is to apply to the person during the overlap period.
For the avoidance of doubt, sections 576C, 576D and 576E do not prevent an austudy payment ceasing to be payable in circumstances that do not involve the application of an activity test non‑payment period under this Part.
If, but for this section, an event would result in both an activity test penalty period and an administrative breach rate reduction period applying to a person under the provisions of this Act, only the provision imposing the activity test penalty period is to apply to the person.
For the purposes of this Division, a person is subject to an administrative exclusion while one or more of sections 577A to 577D apply to the person.
Note: These sections apply because the person fails to do certain things. It is open to the person to end the administrative exclusion by doing those things.
Person must provide tax file number or employment declaration
(1) A person is subject to an administrative exclusion if:
(a) the Secretary has requested the person under section 579F or 586:
(i) to give the Secretary a written statement of the person’s tax file number; or
(ii) to apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and
(b) at the end of 28 days after the request is made, the person has neither:
(i) given the Secretary a written statement of the person’s tax file number; nor
(ii) given the Secretary an employment declaration and satisfied either subsection (2) or (3).
Person does not know tax file number
(2) A person satisfies this subsection if:
(a) the employment declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform him or her of the number; and
(b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the person has no tax file number.
Application for tax file number pending
(3) A person satisfies this subsection if:
(a) the person’s declaration states that the person has applied for a tax file number; and
(b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and
(d) the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and
(e) the application for a tax file number has not been withdrawn.
Person must provide partner’s tax file number
(1) Subject to subsection (4), a person is subject to an administrative exclusion if:
(a) the person is a member of a couple; and
(b) the person is requested under section 579G or 586A to give the Secretary a written statement of the tax file number of the person’s partner; and
(c) at the end of 28 days after the request is made the person has neither:
(i) given the Secretary a written statement of the partner’s tax file number; nor
(ii) given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3).
Partner does not know tax file number
(2) The person satisfies this subsection if:
(a) the partner’s declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of the partner’s tax file number; and
(b) the person has given the Secretary a document signed by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the partner has no tax file number.
Application for partner’s tax file number pending
(3) The person satisfies this subsection if:
(a) the partner’s declaration states that the partner has applied for a tax file number; and
(b) the person has given the Secretary a document signed by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
Secretary may waive requirement
(4) The Secretary may waive the request for a statement of the partner’s tax file number if the Secretary is satisfied that:
(a) the person does not know the partner’s tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner’s tax file number;
(ii) a statement of the partner’s tax file number;
(iii) a declaration by the partner under subparagraph (1)(c)(ii).
Requirement to attend the Department etc.
(1) Subject to subsection (2), a person is subject to an administrative exclusion if:
(a) a person is receiving, or has lodged a claim for, an austudy payment; and
(b) the Secretary is of the opinion that the person should:
(i) attend an office of the Department; or
(ii) contact the Department; or
(iii) give information to the Secretary; and
(c) the Secretary gives the person a written notice stating that the person is required, within a period stated in the notice, being a period of not less than 14 days, to:
(i) attend that office; or
(ii) contact that Department; or
(iii) give that information; and
(d) the requirement is reasonable; and
(e) the person does not comply with the requirement.
Content of notice
(1A) A notice under paragraph (1)(c) must inform the person to whom it is given of the effect of failure by the person to comply with the requirement set out in the notice without reasonable excuse.
Reasonable excuse for non‑compliance
(2) The Secretary may determine that a person is not subject to an administrative exclusion under this section if the Secretary is satisfied that the person had a reasonable excuse for not complying with the requirement.
Period within which account is to be nominated
(1) A person is subject to an administrative exclusion if, at the end of the period (
preliminary period ) of 28 days starting on the day on which an austudy payment became payable to the person:
(a) no account has been nominated for the purposes of subsection 584E(2); and
(b) the Secretary has not given a direction under subsection 584E(4) in relation to the payment of instalments of the austudy payment to the person.
Cessation of administrative exclusion
(2) If an account is nominated for the purposes of subsection 584E(2) after the end of the preliminary period, then, subject to this Part, the person ceases to be subject to the administrative exclusion and the allowance is payable to the person:
(a) if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or
(b) otherwise—on and from the day on which the nomination was made.
For the purposes of this Division, a person is subject to a multiple entitlement exclusion if:
(a) the person is receiving an austudy payment and another social security benefit, a social security pension or a service pension becomes payable to the person; or
(b) a payment under a scheme referred to in section 578A has been or may be made to the person; or
(c) an assurance of support applies to the person (see section 578B); or
(d) the person has received, or may receive, income that is paid by a community or group from funds provided under a Commonwealth funded employment program.
Note: For
Commonwealth funded employment program see subsection 23(1).
General
(1) Subject to subsection (2), the schemes for the purposes of paragraph 578(b) are:
(a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part‑time students; and
(b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and
(c) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; and
(d) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full‑time students; and
(e) a LEAP program.
Note 1: For
prescribed educational scheme see section 5.Note 2: For
LEAP program see subsection 23(1).
Application made under ABSTUDY Scheme
(2) If:
(a) a person is undertaking qualifying study in respect of a course of education that is to last for 6 months or more; and
(b) an application is made for a payment in respect of the person under:
(i) the ABSTUDY Schooling Scheme; or
(ii) the ABSTUDY Tertiary Scheme; and
(c) the person was receiving an austudy payment immediately before the start of the course;
the Secretary may decide that the person is not subject to a multiple entitlement exclusion, because of subsection (1), before:
(d) the application is determined; or
(e) the end of the period of 3 weeks beginning on the day on which the course starts;
whichever happens first.
An assurance of support applies to a person if:
(a) an assurance of support is in force in respect of the person (
assuree ); and(b) the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and
(c) it was reasonable for the assuree to accept that support.
Note: For
assurance of support see subsection 23(1).
Proper claim
(1) A person who wants to be granted an austudy payment must make a proper claim for the austudy payment.
Note: For
proper claim see section 579A (form), sections 579B and 579C (manner of lodgment) and section 579D (residence/presence in Australia).
Claim taken not to be made
(2) For the purposes of subsection (1), if:
(a) a claim for an austudy payment is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for austudy payment;
the claim is taken not to have been made.
To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.
To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place in Australia approved for the purpose by the Secretary; or
(c) with a person in Australia approved for the purpose by the Secretary.
Contacting Department prior to lodging claim
(1) A person is taken to have lodged a claim in accordance with section 579B on the day on which the Department is contacted under paragraph (a) of this section if:
(a) the Department is contacted by or on behalf of the person by telephone, or by the transmission of a message by use of facsimile or computer equipment, in relation to making a claim for:
(i) an austudy payment; or
(ii) a disability support pension; or
(iii) a sickness allowance; or
(iv) a newstart allowance; and
(b) on that day, the person was qualified for an austudy payment; and
(c) the Secretary gives the person a written notice acknowledging that the Department has been contacted in relation to making the claim; and
(d) the person lodges a claim for a pension or allowance referred to in paragraph (a) within the period allowed under this section; and
(e) if the claim referred to in paragraph (d) is not a claim for an austudy payment—the person subsequently lodges a claim for an austudy payment; and
(f) either:
(i) the person gives the Secretary the notice referred to in paragraph (c) when lodging the claim referred to in paragraph (d); or
(ii) the Department has a written record that the notice referred to in paragraph (c) has been sent to the person.
Period for lodging claim
(2) Subject to subsection (3), for the purposes of paragraph (1)(d), the period is 14 days after the day on which the Department is contacted.
Extensions of period
(3) The Secretary may determine by written notice given to the person:
(a) within the 14 day period referred to in subsection (2); or
(b) within the period of any extension under this subsection;
that the period for the purposes of paragraph (1)(d) is extended for such further period as the Secretary considers reasonable.
Time Department taken to have been contacted
(4) For the purposes of this section, a person who contacts the Department by transmitting a message by use of facsimile or computer equipment is taken to have done so when the message is received in the Department.
A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note: For
Australian resident see subsections 7(2) and (3).
Withdrawal of claim
(1) A claimant for an austudy payment or a person on behalf of the claimant may withdraw a claim that has not been determined.
Effect of withdrawal
(2) A claim that is withdrawn is taken not to have been made.
Manner of withdrawal
(3) A withdrawal may be made orally or in writing.
Request for claimant’s tax file number etc.
(1) The Secretary may request but not compel a claimant for an austudy payment:
(a) if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number; and
(ii) to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.
Failure to satisfy request
(2) An austudy payment is not payable to a claimant if, at the end of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the request.
Request for partner’s tax file number
(1) If:
(a) a claimant for an austudy payment is a member of a couple; and
(b) the claimant’s partner is in Australia;
the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.
Failure to satisfy request
(2) An austudy payment is not payable to a claimant if, at the end of 28 days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the request.
Note 1: In some cases the request can be satisfied by giving the Secretary a declaration by the partner about the partner’s tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information relevant to the partner’s tax file number (see subsections 577B(2) and (3)).
Note 2: The Secretary may waive the requirement in some cases (see subsection 577B(4)).
The Secretary must, in accordance with this Part, determine a claim for an austudy payment.
General rule
(1) The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for austudy payment; and
(b) the allowance is payable.
Person subject to waiting period etc.
(2) The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified, or is expected to be qualified, for austudy payment; and
(b) the austudy payment would be payable, apart from the application of:
(i) a waiting period; or
(ii) an activity test non‑payment period; or
(iii) an activity test breach rate reduction period where the person’s activity test breach reduced rate is a nil rate; or
(iv) an administrative breach rate reduction period where the person’s administrative breach reduced rate is a nil rate; or
(v) an income maintenance period within the meaning of point 1067G‑H11.
Date of effect
(1) Subject to this section, a determination under section 580A takes effect on the day on which the determination is made or on any later day or earlier day that is stated in the determination.
Notified decision—review sought within 3 months
(2) If:
(a) a decision (
previous decision ) is made rejecting a person’s claim for an austudy payment; and(b) a notice is given to the person telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
Notified decision—review sought after 3 months
(3) If:
(a) a decision (
previous decision ) is made rejecting a person’s claim for an austudy payment; and(b) a notice is given to the person telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.
Decision not notified
(4) If:
(a) a decision (
previous decision ) is made rejecting a person’s claim for an austudy payment; and(b) no notice is given to the person telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
Austudy Payment Rate Calculator in section 1067L
(1) Subject to this section, the rate of a person’s austudy payment is to be worked out in accordance with the Austudy Payment Rate Calculator in section 1067L.
Activity test breach rate reduction period only
(2) Subject to subsection (4), if an activity test breach rate reduction period applies to the person, the person’s rate of austudy payment for that period is to be worked out in accordance with Subdivision B.
Administrative breach rate reduction period only
(3) Subject to subsection (4), if an administrative breach rate reduction period applies to the person, the person’s rate of austudy payment for that period is to be worked out in accordance with Subdivision C.
Activity test breach rate reduction period and administrative breach rate reduction period
(4) If both an activity test breach rate reduction period and an administrative breach rate reduction period apply to the person, the person’s rate of austudy payment is to be worked out in accordance with Subdivisions B and C.
An activity test breach rate reduction period applies to a person if:
(a) a person commits an activity test breach referred to in section 576A (
latest breach ); and(b) the latest breach is the first or second activity test breach in the 2 years immediately before the day after the latest breach.
Note: If the latest breach is the third or subsequent activity test breach in the 2 years before the latest breach, an activity test non‑payment period applies to the person (see Subdivision E of Division 2).
Basic rule
(1) Subject to subsection (2), the length of an activity test breach rate reduction period is 26 weeks.
Pre‑existing rate reduction period
(2) If, at the time of the commencement of an activity test breach rate reduction period under this Part, the person is already subject to an activity test breach rate reduction period (
pre‑existing rate reduction period ), the pre‑existing rate reduction period is taken to end immediately before the commencement of the activity test breach rate reduction period under this Part.
Notice of start of period
(1) If an activity test breach rate reduction period applies to a person under this Part, the Secretary must give to the person a written notice telling the person of the start of the period.
(1A) A notice under subsection (1) must contain reasons why the activity test breach rate reduction period applies to the person.
General rule
(2) Subject to subsection (3), the activity test breach rate reduction period starts on the day on which the notice is given to the person.
Austudy payment ceasing to be payable
(3) If, on or before the day on which the person’s activity test breach rate reduction period would (apart from this subsection) have started, an austudy payment ceases to be payable to the person, the period starts on the day on which the austudy payment ceases to be payable to the person.
Application of section
(1) This section applies if, under this Part:
(a) an activity test breach rate reduction period applies to a person; and
(b) during the whole or a part of that period the whole or a part of a waiting period also applies to the person (
overlap period ).Note: Other periods such as an administrative breach rate reduction period may also apply (see section 583D).
Overlap period
(2) The activity test breach rate reduction period and the waiting period are to run concurrently during the overlap period.
Which restriction is to apply
(3) Despite any other provision of this Act, only the restriction on payment relating to the waiting period is to apply to the person during the overlap period.
Activity test breach reduced rate
(1) If an activity test breach rate reduction period applies to a person under this Part, the person’s rate of austudy payment for the activity test breach rate reduction period is worked out as follows:
Method statement
Step 1. Work out the person’s maximum basic rate of austudy payment using Module B of the Austudy Payment Rate Calculator in section 1067L: the result is the
maximum payment rate .Step 2. Work out the rate reduction amount as follows:
(a) if the activity test breach is the person’s first breach in the 2 year period:
(b) if the activity test breach is the person’s second breach in the 2 year period:
Step 3. Take the rate reduction amount away from the rate of austudy payment worked out in accordance with the Austudy Payment Rate Calculator in section 1067L: the result is the
activity test breach reduced rate .
Note: An activity test breach reduced rate may be a nil rate.
(2) In this section:
2 year period means the 2 years immediately before the day after the activity test breach.
General rule
(1) Subject to subsection (2), an administrative breach rate reduction period applies to a person if:
(a) the person is subject to an administrative exclusion because of the application of section 577C and an austudy payment later becomes payable to the person; or
(b) the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 586A, 586B, 586C or 1304.
Exception
(2) An administrative breach rate reduction period does not apply to a person if:
(a) the person receives an austudy payment; and
(b) an administrative breach rate reduction period would, apart from this subsection, apply to the person; and
(c) the person’s administrative breach reduced rate would be a nil rate; and
(d) payment of the austudy payment is cancelled or automatically terminated; and
(e) the person lodges a claim for an austudy payment more than 14 days after the date of effect of the cancellation or automatic termination referred to in paragraph (d).
Basic rule
(1) Subject to subsection (2), the length of an administrative breach rate reduction period is 13 weeks.
Pre‑existing administrative breach rate reduction period
(2) If, at the time of the commencement of an administrative breach rate reduction period under this Part, the person is already subject to an administrative breach rate reduction period (
pre‑existing reduction period ), the pre‑existing reduction period is taken to end immediately before the commencement of the administrative breach rate reduction period under this Part.
Notice of start of period
(1) If an administrative breach rate reduction period applies to a person under this Part, the Secretary must give to the person a written notice telling the person of the start of the period.
(1A) A notice under subsection (1) must contain reasons why the administrative breach rate reduction period applies to the person.
General rule
(2) Subject to subsection (3), the administrative breach rate reduction period starts on the day on which the notice is given to the person.
Austudy payment ceasing to be payable
(3) If:
(a) on or before the day on which a person’s administrative breach rate reduction period would (apart from this subsection) have started, an austudy payment ceases to be payable to the person; and
(b) it has not ceased to be payable because of the application of an administrative breach rate reduction period;
the administrative breach rate reduction period starts on the day on which the austudy payment ceases to be payable to the person.
Application of section
(1) This section applies if, under this Part:
(a) an administrative breach rate reduction period applies to a person; and
(b) during the whole or a part of that period, the whole or a part of an activity test non‑payment period also applies to the person (
overlap period ).Note: Other periods such as a waiting period may also apply (see section 583E).
Overlap period
(2) The activity test non‑payment period and the administrative breach rate reduction period are to run concurrently during the overlap period.
Which restriction is to apply
(3) Subject to section 576E, the non‑payment penalty relating to the activity test non‑payment period is to apply to the person during the overlap period.
Application of section
(1) This section applies if, under this Part:
(a) an administrative breach rate reduction period applies to a person; and
(b) during the whole or a part of that period, the whole or a part of an activity test breach rate reduction period also applies to the person (
overlap period ).Note: Other periods such as a waiting period may also apply (see section 583E).
Overlap period
(2) Subject to subsection (3), the administrative breach rate reduction period and the whole or a part of the activity test breach rate reduction period are to run concurrently during the overlap period.
Which restriction is to apply
(3) Subject to sections 576D, 582C and 582D, the only rate reduction amount that is to apply to the person during the overlap period is the higher of the following:
(a) the rate reduction amount that relates to the activity test breach rate reduction period (see subsection 582D(1));
(b) the rate reduction amount that relates to the administrative breach rate reduction period (see section 583G).
Application of section
(1) This section applies if, under this Part:
(a) an administrative breach rate reduction period applies to a person; and
(b) during the whole or a part of that period the whole or a part of a waiting period also applies to the person (
overlap period ).Note: Other periods such as an activity test breach rate reduction period may also apply (see section 583D).
Overlap period
(2) The administrative breach rate reduction period and the whole or a part of the waiting period are to run concurrently during the overlap period.
Which restriction is to apply
(3) Despite any other provision of this Act, only the restriction on payment relating to the waiting period is to apply to the person during the overlap period.
For the avoidance of doubt, sections 583C, 583D and 583E do not prevent an austudy payment ceasing to be payable in circumstances that do not involve the application of an administrative breach rate reduction period.
If an administrative breach rate reduction period applies to a person under this Part, the person’s rate of austudy payment for the administrative breach rate reduction period is worked out as follows:
Method statement Step 1. Work out the person’s maximum basic rate of austudy payment using Module B of the Austudy Payment Rate Calculator in section 1067L: the result is the
maximum payment rate .Step 2. Multiply the person’s maximum payment rate by 0.16: the result is the
rate reduction amount .Step 3. Take the rate reduction amount away from the rate of austudy payment worked out in accordance with the Austudy Payment Rate Calculator in section 1067L: the result is the
administrative breach reduced rate .
Note: An administrative breach reduced rate may be a nil rate.
An austudy payment becomes payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the person.
Note 1: For qualification see Subdivision A of Division 1.
Note 2: For circumstances in which an austudy payment is not payable see section 572.
Austudy payment paid by instalments
(1) Austudy payment is to be paid by instalments for periods determined by the Secretary.
Time of payment
(2) Instalments of austudy payment are to be paid at the times determined by the Secretary.
Period less than a fortnight
(1) If:
(a) an instalment of austudy payment is for a period; and
(b) the period is less than a fortnight;
the instalment for the period is the amount worked out by using the formula:
Period consisting of whole fortnights and period less than fortnight
(2) If:
(a) an instalment of austudy payment is for a period; and
(b) the period consists of:
(i) a number of whole fortnights; and
(ii) a period that is less than a fortnight;
the instalment, in so far as it relates to the period that is less than a fortnight, is the amount worked out by using the formula:
Fraction of a cent
(1) If the amount of an instalment includes a fraction of a cent, the amount is to be rounded to the nearest whole cent (0.5 cent being rounded upwards).
Amount increased to fortnightly PA rate
(2) If:
(a) an amount of pharmaceutical allowance is added to a person’s maximum basic rate in working out the amount of an instalment of austudy payment; and
(b) apart from this subsection, the amount of the instalment would be less than the person’s fortnightly PA rate;
the amount of the instalment is to be increased to the person’s fortnightly PA rate.
Fortnightly PA rate
(3) For the purposes of subsection (2), the person’s
fortnightly PA rate is the rate worked out by using the formula:where:
N means whichever of the following applies:
(a) if the instalment is for a number of whole fortnights—the number of fortnights;
(b) if the instalment is for a period of less than a fortnight—the number worked out by using the formula:
(c) if the instalment is for a period that consists of a number of whole fortnights and a period of less than a fortnight—the number worked out by using the formula:
pharmaceutical allowance rate means the fortnightly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment.
Amount increased to $1.00
(4) If, apart from this section, the amount of an instalment would be less than $1.00, the amount is to be increased to $1.00.
(1) Subject to subsection (3), instalments of a person’s austudy payment are to be paid to that person.
(2) The Secretary may direct that the whole or part of the instalments of a person’s austudy payment is to be paid to someone else on behalf of the person.
(3) If the Secretary makes a direction under subsection (2), the instalments are to be paid in accordance with the direction.
Manner of payment
(1) An amount that is to be paid to a person under section 584D is to be paid in the manner set out in this section.
Payment into account
(2) Subject to this section, the amount is to be paid, at the intervals that the Secretary directs, to the credit of a bank account, credit union account or building society account nominated and maintained by the person.
Joint or common account
(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.
Secretary may direct payment in different way
(4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).
Payment in accordance with direction
(5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction.
If the Secretary is satisfied that an amount of austudy payment that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.
Payment to person determined by Secretary
(1) If:
(a) an austudy payment is payable to a person; and
(b) the person dies; and
(c) at the date of the person’s death the person had not received an amount of austudy payment payable to him or her; and
(d) another person applies to receive the amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.
No further liability for Commonwealth
(2) If the Secretary pays an amount of austudy payment under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of austudy payment.
Austudy payment absolutely inalienable
(1) Subject to subsections (2) and (3) and section 1359, an austudy payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
132
Transitional provisions—claims and applications
(1) If:
(a) a person lodged an application for a benefit under the AUSTUDY scheme under the SA Act as in force before the commencement day; and
(b) the application is made in respect of a period commencing before that day; and
(c) the application was not dealt with before that day;
the application has effect, on and after that day, as if the SA Act as in force immediately before that day had continued in force.
(2) If:
(a) a person lodges a claim for a youth training allowance under the SA Act on or after the commencement day; and
(b) the claim is made in respect of a period commencing before that day;
the claim has effect as if it had been made immediately before that day and that Act as in force immediately before that day had continued in force.
(3) If:
(a) one of the following circumstances applies:
(i) a person lodges an application for a benefit under the AUSTUDY scheme under the SA Act on or after the commencement day;
(ii) a person lodges an application for a financial supplement in connection with a benefit under the AUSTUDY scheme under the SA Act on or after that day; and
(b) the application is made in respect of a period commencing before that day;
the application has effect as if it had been made immediately before that day and the SA Act as in force immediately before that day had continued in force.
(4) Nothing in this item permits the granting of a benefit under the AUSTUDY scheme, a youth training allowance or a financial supplement for a period after the commencement day.
Note: Section 56 of the SA Act is amended by this Schedule to enable regulations to be made to modify provisions in this Part of the Schedule so as to allow payments of AUSTUDY benefit to be made to a person for a period ending on 3 July 1998 in specified circumstances.
133
Transitional provisions—review of decisions made before commencement day
(1) Subject to subitem (4), if:
(a) an applicable decision might have been reviewed by the Secretary under section 303 of the SA Act before the commencement day; but
(b) the Secretary did not so review that decision before that day;
then, on and after that day:
(c) the Secretary may review that decision; and
(d) the review and any further review of the decision have effect;
as if the SA Act as in force immediately before that day had continued in force.
(2) Subject to subitem (4), if:
(a) a person might have applied to the Secretary, the SSAT or the AAT for a review of an applicable decision under Part 9 of the SA Act before the commencement day; but
(b) the person did not apply for such a review before that day;
then, on and after that day:
(c) subject to any limitation regarding the time during which such an application must be made under the SA Act as in force immediately before that day, the person may make the application; and
(d) the application and any review (including any further review) resulting from that application have effect;
as if the SA Act as in force immediately before that day had continued in force.
(3) Subject to subitem (4), if:
(a) an application to the Secretary, the SSAT or the AAT for a review of an applicable decision under Part 9 of the SA Act was made before the commencement day; and
(b) the application was not determined before that day;
then, on and after that day, the application and any review (including any further review) resulting from that application have effect as if the SA Act as in force immediately before that day had continued in force.
(4) The Secretary, an authorised review officer, the SSAT or the AAT, when determining a review because of the operation of subitem (1), (2) or (3), may make a decision in relation to the payment of a benefit under the AUSTUDY scheme, a youth training allowance or Financial Supplement only to the extent that the payment is in respect of a period that ends before the commencement day.
Note: Section 56 of the SA Act is amended by this Schedule to enable regulations to be made to modify provisions in this Part of the Schedule so as to allow payments of AUSTUDY benefit to be made to a person for a period ending on 3 July 1998 in specified circumstances.
(5) For the purposes of this item, if an applicable decision was the original decision that has been the subject of a review, or further review, by the Secretary, an authorised review officer, the SSAT or the AAT in accordance with the SA Act, a reference in this item to an applicable decision includes a reference to:
(a) if a decision has been affirmed in connection with that review or further review—the decision as affirmed; or
(b) if a decision has been varied in connection with that review or further review—the decision as varied; or
(c) if a decision has been set aside and a new decision substituted in connection with that review or further review—the new decision.
134
Transitional provisions—review of decisions made on or after commencement day
(1) Subject to subitem (2), if:
(a) on or after the commencement day an officer made a decision in relation to the AUSTUDY scheme, or in relation to the Student Financial Supplement Scheme in connection with the AUSTUDY scheme, under:
(i) Part 6 of the SA Act; or
(ii) the SA Act as continued in force because of this Part of the Schedule; and
(b) apart from the amendments to that Act made by this Schedule, a person would have a right to apply to the Secretary, the SSAT or the AAT under the SA Act for a review of that decision;
the person has that right as if the SA Act as in force immediately before the commencement day had continued in force.
(2) The Secretary, an authorised review officer, the SSAT or the AAT, when determining a review because of the operation of subitem (1), may make a decision in relation to the payment of a benefit under the AUSTUDY scheme or the payment of a financial supplement only to the extent that the payment is in respect of a period that ends before the commencement day.
Note: Section 56 of the SA Act is amended by this Schedule to enable regulations to be made to modify provisions in this Part of the Schedule so as to allow payments of AUSTUDY benefit to be made to a person for a period ending on 3 July 1998 in specified circumstances.
(3) For the purposes of this item, if a decision referred to in paragraph (1)(a) was the original decision that has been the subject of a review, or further review, by the Secretary, an authorised review officer, the SSAT or the AAT in accordance with the SA Act, a reference in subitem (1) to that decision includes a reference to:
(a) if a decision has been affirmed in connection with that review or further review—the decision as affirmed; or
(b) if a decision has been varied in connection with that review or further review—the decision as varied; or
(c) if a decision has been set aside and a new decision substituted in connection with that review or further review—the new decision.
135
Transitional provisions—obligations to waive the right to recover amounts
(1) In this item:
applied provisions means the provisions applied by subsection 43(2) of the SA Act as in force before the commencement day.
recoverable amount means an amount of any of the following kinds:
(a) a special educational assistance scheme overpayment;
(b) a student assistance overpayment;
(c) an amount payable to the Commonwealth in relation to an amount of a kind referred to in paragraph (a) or (b) (including an amount payable under section 40 or subsection 42(10) of the SA Act).
Secretary means:
(a) the Secretary to the Department of Employment, Education, Training and Youth Affairs; or
(b) the Secretary to the Department of Social Security.
(2) If a Secretary was, immediately before the commencement day, obliged to waive the right to recover a recoverable amount under the applied provisions, then, on and after the commencement day, the Secretary to the Department of Employment, Education, Training and Youth Affairs is taken to be obliged to waive that right as if:
(a) in the case of an obligation under subsection 290B(1) of the applied provisions, the obligation were an obligation under subsection 43E(1) of the SA Act; and
(b) in the case of an obligation under subsection 290B(2) of the applied provisions, the obligation were an obligation under subsection 43E(2) of the SA Act; and
(c) in the case of an obligation under paragraph 290B(3)(b) of the applied provisions, the obligation were an obligation under paragraph 43E(3)(b) of the SA Act; and
(d) in the case of an obligation under subsection 290B(4) of the applied provisions, the obligation were an obligation under subsection 43E(4) of the SA Act.
1 Subsection 6(1) (subparagraph (b)(i) of the definition of Commonwealth education or training payment ) Repeal the subparagraph.
After “the Secretary to the Department of Education”, insert “and the Secretary to the Department of Social Security”.
Repeal the subsections.
Repeal the subsections.
After “
Higher Education Funding Act 1988 ”, insert “, theSocial Security Act 1991 ”.
6
Subsection 79A(4) (paragraph (a) of the definition of prescribed allowance ) Omit “, Part 8 of the
Student and Youth Assistance Act 1973 ”.
7
Subsection 82A(2) (paragraph (c) of the definition of expenses of self‑education ) After “under”, insert “Chapter 2B of the
Social Security Act 1991 or”.
8
Subsection 160AAA(1) (paragraph (a) of the definition of rebatable benefit ) After “2.8A,”, insert “2.11, 2.11A,”.
9
Subsection 160AAA(1) (paragraph (b) of the definition of rebatable pension ) After “PP (partnered),”, insert “2.11, 2.11A,”.
Insert:
FS assessment debt means an FS assessment debt under:
(a) an instrument under Chapter 2B of the
Social Security Act 1991 establishing a Student Financial Supplement Scheme; or(b) the
Student Assistance Act 1973 .
Insert:
HEC assessment debt has the same meaning as in Chapter 5A of theHigher Education Funding Act 1988 ;
Insert:
(ha) to facilitate the administration of a provision of an instrument under Chapter 2B of the
Social Security Act 1991 establishing a Student Financial Supplement Scheme, being a provision relating to the recovery through the taxation system of a student’s outstanding indebtedness in respect of financial supplement paid to the student in accordance with the Scheme; and
After “applicant for”, insert “an austudy payment,”.
Omit “or a sickness allowance”, insert “, a sickness allowance or a youth allowance”.
Repeal the paragraph.
Omit “such a benefit or pension”, substitute “a payment referred to in paragraph (a)”.
After “applicant for”, insert “an austudy payment,”.
Omit “or a sickness allowance”, insert “, a sickness allowance or a youth allowance”.
Repeal the paragraph.
Omit “such a benefit or pension”, substitute “a payment referred to in paragraph (a)”.
21
Subsection 221A(1) (paragraph (c) of the definition of prescribed non‑resident ) After “Part” insert “2.11, 2.11A,”.
22
Subsection 221ZY(1) (definition of FS assessment debt ) Repeal the definition, substitute:
FS assessment debt means an FS assessment debt under:
(a) an instrument under Chapter 2B of the
Social Security Act 1991 establishing a Student Financial Supplement Scheme; or(b) the
Student Assistance Act 1973 .
The amendments to the
Income Tax Assessment Act 1936 made by this Part do not apply to payments of benefits under the AUSTUDY scheme under Part 2 of theStudent Assistance Act 1973 (as in force before 1 July 1998).Note: This Act repeals Part 2 of the
Student Assistance Act 1973 (as in force before 1 July 1998), and payments of benefits under the AUSTUDY scheme will cease to be made under that Part.
24
Application—payments of youth training allowance The amendments to the
Income Tax Assessment Act 1936 made by this Part do not apply to payments of youth training allowance under Part 8 of theStudent Assistance Act 1973 (as in force before 1 July 1998).Note: This Act repeals Part 8 of the
Student Assistance Act 1973 (as in force before 1 July 1998), and payments of youth training allowance will cease to be made under that Part.
25 Section 11‑15 (table item headed “social security or like payments”) Omit:
|
|
After “under”, insert “Chapter 2B of the
Social Security Act 1991 or”.
Insert:
2A.1 | Supplementary amount is exempt (see section 52‑15) | Supplementary amount, and tax‑free amount, are exempt (see sections 52‑15 and 52‑20) | Exempt | Exempt up to the tax‑free amount (see section 52‑30) |
Insert:
13A.1 | Exempt | Exempt | Not applicable | Not applicable |
Insert:
22A.1 | Exempt | Exempt | Not applicable | Not applicable |
Add:
35.1 | Supplementary amount is exempt (see section 52‑15) | Supplementary amount, and tax‑free amount, are exempt (see sections 52‑15 and 52‑20) | Exempt | Exempt up to the tax‑free amount (see section 52‑30) |
31 Section 52‑15 (table item 1, paragraph (d) of the column relating to the supplementary amount) Omit “; and”.
32 Section 52‑15 (table item 1, paragraph (e) of the column relating to the supplementary amount) Repeal the paragraph.
After “Widow allowance”, insert “Youth allowance”.
34
Section 52‑15 (table item 2, paragraph (c) of the column relating to the supplementary amount) Omit “; and”.
35
Section 52‑15 (table item 2, paragraph (d) of the column relating to the supplementary amount) Repeal the paragraph.
36
Section 52‑15 (table item 4, paragraph (d) of the column relating to the supplementary amount) Repeal the paragraph.
Add:
|
|
|
Insert:
|
|
|
|
|
|
Before “Mature age allowance (paid under Part 2.12B)”, insert “Austudy payment”.
Add “Youth allowance”.
Insert:
|
|
|
|
|
Insert:
|
|
|
|
|
Insert:
|
|
|
|
|
Add:
|
|
|
|
|
Omit “allowance; and”, substitute “allowance.”.
Repeal the paragraph.
47 Subsection 3(1) (definition of FS assessment debt ) Repeal the definition, substitute:
FS assessment debt means an FS assessment debt under:(a) an instrument under Chapter 2B of the
Social Security Act 1991 establishing a Student Financial Supplement Scheme; or(b) the
Student Assistance Act 1973 .
1 Clause 1 of Schedule 1 (paragraph (c) of the definition of income support payment ) Omit “
1992 ; or”, substitute “1992 .”.2 Clause 1 of Schedule 1 (paragraph (d) of the definition of income support payment ) Repeal the paragraph.
The amendments made by items 1 and 2 apply for the purposes of working out whether a person was receiving income support payment at or after the commencement of this item.
4 Section 139L (subparagraph (b)(iii) of the definition of income ) Repeal the subparagraph.
Insert:
(ba) receives a youth allowance or a newstart allowance under Part 2.11 or 2.12 of the
Social Security Act 1991 ; or
Repeal the paragraph.
Repeal the subsection.
Repeal the paragraph, substitute:
(a) receives youth allowance under the
Social Security Act 1991 and is undertaking full‑time study (as defined in that Act); or(aa) receives austudy payment under the
Social Security Act 1991 ; or(ab) receives a pensioner education supplement under the
Social Security Act 1991 ; or
9 Subsection 3(1) (at the end of paragraph (da) of the definition of personal assistance ) Add “as in force before 1 July 1998”.
10 Subsection 22(4) (paragraph (b) of the definition of pensioner or beneficiary ) After “2.7,”, insert “2.11, 2.11A,”.
11 Subsection 22(4) (paragraph (ca) of the definition of pensioner or beneficiary ) Repeal the paragraph.
After “
Australian resident ”, insert “austudy payment ”.
After “
social security benefit ”, insert “youth allowance ”.
14
Subsection 3(2) (definition of youth training allowance ) After “
1973 ”, insert “as in force before 1 July 1998”.
Omit “or partner allowance”, substitute “, partner allowance, youth allowance or austudy payment”.
Omit “or partner allowance”, substitute “, partner allowance, youth allowance or austudy payment”.
Omit “a youth training allowance,”.
Omit “youth training allowance or newstart allowance”, substitute “newstart allowance, youth allowance or austudy payment”.
Omit “18”, substitute “21”.
Note: The heading to section 21A is altered by omitting “
18 ” and substituting “21 ”.
Omit “training” (wherever occurring).
Omit “18”, substitute “21”.
Note: The heading to section 22 is altered by omitting “
18 ” and substituting “21 ”.
Omit “a youth training allowance,”.
Omit “youth training allowance or newstart allowance”, substitute “newstart allowance, youth allowance or austudy payment”.
Omit “18”, substitute “21”.
Repeal the subsection, substitute:
(4) If the farm was sold within the period of 9 months from the beginning of the grant period in relation to the person and the person had not reached the age of 21 years at the time of the sale:
(a) the person is entitled to a grant equal to the amount of youth allowance that would be payable to the person in respect of the period (the
youth qualifying period ) from the time of the sale of the farm to the end of the period of 9 months or the time when the person reaches the age of 21 years, whichever first happens, if, under Part 2.11 of theSocial Security Act 1991 :
(i) the person were entitled to receive youth allowance for the youth qualifying period; and
(ii) youth allowance were payable to him or her at the rate that would be the person’s maximum payment rate at the beginning of the youth qualifying period; and
(b) if the person reaches the age of 21 years before the end of the period of 9 months, the person is entitled to a grant equal to the amount of newstart allowance that would be payable to the person in respect of the period (the
post‑21 period ) from the time when the person reached that age until the end of the period of 9 months if, under theSocial Security Act 1991 :
(i) the person were entitled to receive newstart allowance for the post‑21 period; and
(ii) newstart allowance were payable to the person at the rate that would be the person’s maximum payment rate at the beginning of the post‑21 period.
Note: For the person’s maximum payment rate, see the Youth Allowance Rate Calculator in Part 3.5 of the
Social Security Act 1991 or Module A of the Benefit Rate Calculator applicable to the person under section 643 of that Act (as appropriate).
The amendments made by items 24 and 25 apply in relation to the sale of farms on or after the commencement of this item.
27 Subsection 3(1) (definition of DSS benefit dependant ) Omit “or a youth training allowance under the
Student and Youth Assistance Act 1973 ”, substitute “, or the recipient of youth allowance under that Act who is not undertaking full‑time study for the purposes of that Act”.
Insert:
youth allowance means youth allowance under theSocial Security Act 1991 .
Omit “training allowance under Part 8 of the
Student and Youth Assistance Act 1973 ”, substitute “allowance but is not undertaking full‑time study as defined in theSocial Security Act 1991 ”.
30
Subsection 4D(3) (definition of qualified recipient ) Repeal the definition, substitute:
qualified recipient means:
(a) a person who is in receipt of:
(i) a social security pension (except a special needs pension) under the
Social Security Act 1991 ; or(ii) a social security benefit (except a youth allowance or austudy payment) under that Act; or
(iii) a Commonwealth allowance; or
(b) a person who is in receipt of youth allowance but is not undertaking full‑time study as defined in the
Social Security Act 1991 .
31
Transitional provision for qualified recipients Section 4D of the
Health Insurance Act 1973 as amended by item 30 operates as if a person who received youth training allowance under Part 8 of theStudent and Youth Assistance Act 1973 before the commencement of that item had received a social security benefit under theSocial Security Act 1991 for each period for which the person received youth training allowance.
Insert:
(1A) If:
(a) a person was declared under section 5D to be a disadvantaged person; and
(b) on the last day for which that declaration was in force he or she:
(i) was undertaking full‑time study (as defined in the
Social Security Act 1991 ); and(ii) was an eligible person; and
(c) he or she received youth allowance for that day;
this section applies to him or her as if he or she had lodged on that day an application in accordance with subsection (1) of this section.
Repeal the definition, substitute:
dependant of a person means:
(a) a child of the person; or
(b) the person’s partner (as defined in the
Social Security Act 1991 ), if:
(i) the partner is a DSS benefit dependant of the person and the person is receiving a youth allowance or unemployment benefit; or
(ii) the partner would be a DSS benefit dependant of the person were the person receiving a youth allowance or unemployment benefit.
Omit “or Part 8 of the
Student and Youth Assistance Act 1973 ”.
35
Subsection 5B(12) (paragraph (aa) of the definition of income ) Repeal the paragraph.
Omit “youth training allowance”, substitute “youth allowance”.
Note: The heading to section 5D is altered by inserting “
, youth allowance ” after “newstart allowance ”.
Insert:
(1AA) However, the Secretary must not declare a person to be a disadvantaged person under subsection (1) if the person is undertaking full‑time study (as defined in the
Social Security Act 1991 ) when he or she is granted a youth allowance.
Omit “youth training allowance”, substitute “youth allowance”.
Insert:
(2) However, the Secretary must not declare a person to be a disadvantaged person under subsection (1A) if the person is undertaking full‑time study (as defined in the
Social Security Act 1991 ) when a determination is made to pay him or her a youth allowance.(3) Subsections (1AA) and (2) do not cause a declaration under this section to cease to be in force if the person who is the subject of the declaration starts to undertake full‑time study (as defined in the
Social Security Act 1991 ) while the declaration is in force.
40
Subsection 5D(8) (definition of youth training allowance ) Repeal the definition.
A declaration made under section 5D of the
Health Insurance Act 1973 as in force before the commencement of this item continues in force for the period specified in the declaration, despite the amendment of that section by this Act.
Omit “and sections 351 to 360 of the
Student and Youth Assistance Act 1973 ”.
43 Subsection 4(1) (subparagraph (aa)(iii) of the definition of pensioner ) After “mature age allowance”, insert “or austudy payment”.
44 Subsection 4(1) (subparagraph (a)(i) of the definition of social security beneficiary ) After “benefit”, insert “(other than youth allowance or austudy payment)”.
45 Subsection 4(1) (paragraph (aa) of the definition of social security beneficiary ) Repeal the paragraph, substitute:
(aa) a person who is in receipt of youth allowance under the
Social Security Act 1991 and is not undertaking full‑time study (as defined in that Act); or
The amendments made by items 44 and 45 apply for the purposes of working out whether a person is a social security beneficiary (within the meaning of the
National Health Act 1953 ) at a time after the commencement of those items.
47
Subsection 84(1) (paragraph (ae) of the definition of concessional beneficiary ) Repeal the paragraph, substitute:
(ae) a person who is being paid youth allowance under the
Social Security Act 1991 but is not undertaking full‑time study (as defined in that Act); or
48 Subsection 3(1) (paragraph (ca) of the definition of prescribed person ) Repeal the paragraph.
49 Subsection 23(11) (paragraph (a) of the definition of tertiary education institution ) Omit “
Student and Youth Assistance Act 1973 ”, substitute “Student Assistance Act 1973 ”.
Omit:
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Insert in their appropriate alphabetical position, determined on a letter‑by‑letter basis:
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52 Subsection 5E(1) (definition of member of a couple ) Omit “and (4)”, substitute “, (4) and (4A)”.
Insert:
(4A) The partner of a person who:
(a) is receiving a youth allowance under the Social Security Act; and
(b) is not independent within the meaning of Part 3.5 of that Act;
is not a
member of a couple for the purposes of:
(c) the provisions of this Act referred to in the table at the end of this subsection; and
(d) any provision of this Act that applies for the purposes of a provision mentioned in paragraph (c).
Note: Paragraph (d) has the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test or compensation recovery provisions, including section 5H (Income test definitions), section 5L (Assets test definitions), section 5NB (Compensation recovery definitions) and Divisions 1 to 11 of Part IIIB (General provisions relating to the income and assets tests).
1 | Part IIIC | Compensation recovery |
2 | Module E of the Rate Calculator in Part 2 of Schedule 6 | Ordinary/adjusted income test |
3 | Module F of the Rate Calculator in Part 2 of Schedule 6 | Assets test |
Repeal the subparagraph.
Repeal the subparagraph.
Omit “or a youth training allowance”.
57
Subsection 5F(1) (at the end of paragraph (j) of the definition of child ) Add “(except youth allowance paid because the person is at least 16 but less than 25 and is receiving full‑time education at a school, college or university)”.
Omit “or if the person is receiving a youth training allowance”.
Repeal the subsection.
Repeal the paragraph.
The repeal of paragraph 5H(8)(ha) of the
Veterans’ Entitlements Act 1986 applies for the purposes of working out income earned, derived or received after 1 July 1998.
After “allowance”, insert “or youth allowance”.
Repeal the paragraph.
Insert:
austudy payment has the meaning given by theSocial Security Act 1991 .
65
Subsection 5Q(1) (definition of education leavers waiting period ) Repeal the definition.
66
Subsection 5Q(1) (after paragraph (aa) of the definition of social security benefit ) Insert:
(ab) youth allowance under Part 2.11; or
(ac) austudy payment under Part 2.11A; or
Insert:
youth allowance has the meaning given by theSocial Security Act 1991 .
68
Subsection 5Q(1) (definition of youth training allowance ) Repeal the definition.
Repeal the paragraph, substitute:
(d) by way of youth allowance; or
Add “or”.
Insert:
(2A) If a veteran has a child who is receiving youth allowance, subsection 53E(2) applies to the veteran as if the child were a dependent child.
Insert:
53F‑6A Points 53F‑4, 53F‑5 and 53F‑6 apply to a person (the
parent ) as if each other person who is a child of the parent and is receiving youth allowance were a dependent child of the parent.
Repeal the paragraph.
Repeal the paragraph, substitute:
(a) by way of youth allowance; or
Omit “AUSTUDY scheme”, substitute “Social Security Act or the
Student Assistance Act 1973 ”.
Omit “an approved course under the AUSTUDY scheme”, substitute “the subject of a determination made under section 5D of the
Student Assistance Act 1973 by the Minister administering that Act”.
77
Subsection 205(8) (paragraph (d) of the definition of prescribed educational scheme ) Repeal the paragraph.
The amendment made by item 77 does not affect arrangements or proceedings for recovery of an amount purportedly paid under the AUSTUDY scheme before the commencement of this item but was not lawfully payable under that scheme.
Insert:
(3A) Subclause (2) ceases to apply to the rate of service pension or income support supplement payable to a person:
(a) from the start of the day the
Social Security Legislation Amendment (Youth Allowance) Act 1998 commences, if the child or youngest child because of whom this clause applies to the person is 16 or over then; or(b) from the start of the 16th birthday of the child or youngest child because of whom this clause applies to the person, if that child is under 16 on the day that Act commences.
(3B) In working out the amount of:
(a) a person’s notional pension/supplement child‑related amount; and
(b) the notional family allowance child‑related amount for a person or his or her partner;
at a time at or after the commencement of the
Social Security Legislation Amendment (Youth Allowance) Act 1998 , disregard a child who is 16 or over at the time.
Repeal the paragraph.
Omit “, a social security benefit or a youth training allowance”, substitute “or a social security benefit”.
82
At the end of Module E of the Rate Calculator in Schedule 6 Add:
In this Module:
dependent child , in relation to a person, includes any child of the person who is under 18 and is receiving a youth allowance.
Repeal the paragraph, substitute:
(p) is receiving Commonwealth funded intensive assistance for jobseekers or State, Territory or community provided case management approved by the Secretary or, where no intensive assistance or case management place is available to the person, is suitable for and agrees to undertake intensive assistance or case management; or
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 | 45, 1998 | 17 June 1998 | Sch 3 (items 1, 3–17): 15 July 1998 (s 2(3)(b)) Sch 3 (item 24) and Sch 13 (item 71): 20 Sept 1998 (s 2(6), (10)) Sch 3 (items 25–30): 1 July 1999 (s 2(7)) Sch 9 (items 89–91) and Sch 10 (item 1): 17 June 1998 (s 2(8), (9)) Sch 14: 1 Jan 1999 (s 2(11)) Remainder: 1 July 1998 (s 2(1), (2), (4), (5)) | |
Statute Law Revision Act 2005 | 100, 2005 | 6 July 2005 | Sch 2 (items 28, 29): 1 July 1998 (s 2(1) items 46, 47) | — |
Statute Law Revision Act 2010 | 8, 2010 | 1 Mar 2010 | Sch 2 (item 22): 1 Mar 2010 (s 2(1) item 22) | — |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 6 (item 4): 18 Oct 2023 (s 2(1) item 3) | — |
item 21.................................. | rep No 74, 2023 |
item 22.................................. | rep No 8, 2010 |
item 41.................................. | am No 100, 2005 |
item 169................................ | am No 100, 2005 |
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