Student Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994 (Cth)

Student Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994

Act No. 184 of 1994

Contents

Student Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994

Act No. 184 of 1994

An Act to enact saving and transitional provisions, and amend various Acts, as a result of the enactment of the Student Assistance (Youth Training Allowance) Amendment Act 1994

[Assented to 23 December 1994]

The Parliament of Australia enacts:

Part 1Preliminary1Short title

This Act may be cited as the Student Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994.

2Commencement

This Act commences on 1 January 1995 immediately after the commencement of the Student Assistance (Youth Training Allowance) Amendment Act 1994.

Part 2Saving and Transitional provisions3Definition of YTA introduction day

In this Part:
YTA introduction day means the date of commencement of the Student Assistance (Youth Training Allowance) Amendment Act 1994.

4Certain job search allowances to continue even though allowee is under 18 years of age

If:
(a)
a determination granting a claim by a person for job search allowance under the Social Security Act 1991 was in force immediately before the YTA introduction day; and
(b)
the person is under 18 years of age on that day;
then:
(c)
the Social Security Act 1991 continues to apply in relation to the person as if Part 8 of the Student and Youth Assistance Act 1973 had not been enacted; but
(d)
paragraph (c) ceases to have effect if the person ceases to be qualified for Job search allowance for a period of at least 6 weeks.

5Outstanding claims for job search allowance

(1)
If:
(a)
before the YTA introduction day a person duly lodged a claim for job search allowance under the Social Security Act 1991; and
(b)
the claim was not determined before that day; and
(c)
the person is under 18 years of age on that day;
the following provisions of this section have effect.
(2)
The claim is to be considered in the first instance under the Social Security Act 1991 as amended and in force immediately before the YTA introduction day as if the Student Assistance (Youth Training Allowance) Amendment Act 1994 and this Act (other than this Part) had not been enacted.
(3)
If the effect of the consideration of the claim under subsection (2) is that the day as from which job search allowance would be paid to the person would be a day earlier than the YTA introduction day, Part 8 of the Student and Youth Assistance Act 1973 does not apply in relation to the claim and the Social Security Act 1991 as amended and in force from time to time applies in relation to the claim.
(4)
If the effect of the consideration of the claim under subsection (2) is that the day as from which job search allowance would be paid to the person would be the YTA introduction day or a later day, the claim is taken to be a claim for youth training allowance duly made under Part 8 of the Student and Youth Assistance Act 1973 and is to be dealt with accordingly.

6New claims for job search allowance or youth training allowance

(1)
If:
(a)
on or after the YTA introduction day a person duly lodges a claim for job search allowance under the Social Security Act 1991 or a claim for youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; and
(b)
the person is under 18 years of age on that day;
the following provisions of this section have effect.
(2)
The claim is to be considered in the first instance under Part 8 of the Student and Youth Assistance Act 1973 and, if it was a claim for job search allowance, is to be so considered as if it were a claim for youth training allowance.
(3)
If the effect of the consideration of the claim under subsection (2) is that the day as from which youth training allowance would be paid to the person would be a day earlier than the YTA introduction day, Part 8 of the Student and Youth Assistance Act 1973 does not apply in relation to the claim and the Social Security Act 1991 as amended and in force from time to time applies in relation to the claim and, if the claim was a claim for youth training allowance, so applies as if it were a claim for job search allowance.
(4)
If the effect of the consideration of the claim under subsection (2) is that the day as from which youth training allowance would be paid to the person would be the YTA introduction day or a later day, Part 8 of the Student and Youth Assistance Act 1973 applies in relation to the claim and, if the claim was a claim for job search allowance, so applies as if it were a claim for youth training allowance.

7Saving of certain instruments in force under Social Security Act

(1)
If an instrument was in force for the purposes of it provision of Part 2.11 of the Social Security Act 1991 immediately before the YTA introduction day, the instrument, to the extent (if any) to which it relates to people under 18 years of age, has effect on and after that day as if it were an instrument made for the purpose of the corresponding provision of Part 8 of the Student and Youth Assistance Act 1973.
(2)
Without limiting subsection (1), the instrument may be:
(a)
a determination; or
(b)
a direction; or
(c)
an approval; or
(d)
a notice; or
(e)
a declaration; or
(f)
an authorisation; or
(g)
a guideline.
(3)
Subsection (1) does not apply to:
(a)
a determination to which section 4 applies; or
(b)
a delegation.
(4)
If an instrument to which subsection (1) applies was, when made, to have effect only for a limited period, the instrument has effect under that subsection only for so much of the period as had not already expired before the commencement of the Student Assistance (Youth Training Allowance) Amendment Act 1994.

8This Part overrides Social Security Act and Part 8 of Student and Youth Assistance Act

This Part has effect despite anything in the Social Security Act 1991 or Part 8 of the Student and Youth Assistance Act 1973.

Part 3Amendments of the Social Security Act 19919Amendments

(1)
The Social Security Act 1991 is amended as set out in Schedule 1.
(2)
The Social Security Act 1991 is amended by inserting after Part 3.5 the Part set out in Schedule 2.

Part 4Amendments of other Acts10Amendments

The Acts referred to in Schedule 3 are amended as set out in that Schedule.

Schedule 1Amendments of the Social Security Act 1991

Subsection 9(1)

Paragraph 4(11)(b)

After subparagraph (ii), insert:
(iia)
is not receiving a youth training allowance; and

Paragraph 4(11)(c)

After subparagraph (ii), insert:
(iia)
a youth training allowance; and

Paragraph 4(11)(e)

After “social security benefit”, insert “or a youth training allowance”.

Subsection 5(1) (definition of homeless person)

After “benefit” in paragraph (e), insert “or a youth training allowance”.

Subsection 5(1) (definition of parent)

After “means”, insert (except in the modules constituting the sickness allowance rate calculator at the end of section 1067E)”.

Subsection 5(6)

After paragraph (b), insert:
(ba)
the young person is receiving a youth training allowance; or

Subsection 5(9A)

After paragraph (c), insert:
(ca)
is not receiving a youth training allowance; and

Subsection 8(8)

After paragraph (zc), insert:
(zca)
so much of a payment received by the person as is, in accordance with an agreement between Australia and a foreign country, applied in reduction of the amount of a payment of youth training allowance that would otherwise be payable to the person under Part 8 of the Student and Youth Assistance Act 1973;
9
Subsection 9(1) (definition of assessable period)
(a)
After “benefit” in paragraph (b), insert “or a youth training allowance”.
(b)
Omit “or benefit”, substitute “, benefit or allowance”.

Paragraphs 11(10)(d) and (e)

Omit the paragraphs, substitute:
(d)
if the person is a member of a couple and, immediately before the person and the person’s partner became members of that couple, the person was receiving such a pension, benefit or payment and the person’s partner was receiving such a pension, benefit or payment or a youth training allowance—the period of 12 months beginning on the day on which they became members of that couple; or
(e)
if:
(i)
the person is a member of a couple but paragraph (d) does not apply; and
(ii)
the person’s partner is receiving such a pension, benefit or payment or a youth training allowance;
the period of 12 months beginning on the day on which:
(iii)
such a pension, benefit or payment first became payable to the person; or
(iv)
such a pension, benefit or payment or youth training allowance first became payable to the person’s partner;
whichever was the earlier; or

Subsection 15(2)

After paragraph (a), insert:
(aa)
it youth training allowance;

Section 22

Insert the following definition:
review, in relation to Divisions 2 and 3 of Part 7.3, means a review:
(a)
by the SSAT under Chapter 6; or
(b)
by the SSAT under Part 9 of the Student and Youth Assistance Act 1973.
13
Subsection 23(1) (definition of activity test deferment period)
(a)
At the end of paragraph (b), add “or”.
(b)
After paragraph (b), insert:
(c)
a period worked out under section 109 of the Student and Youth Assistance Act 1973 in relation to the application of a youth training allowance automatic deferment provision included in Subdivision F of Division 2 of Part 8 of that Act;
14
Subsection 23(1) (definition of administrative breach deferment period)
(a)
At the end of paragraph (b), add “or”.
(b)
After paragraph (b), insert:
(c)
a period worked out under section 116 of the Student and Youth Assistance Act 1973 in relation to the application of a youth training allowance automatic deferment provision included in Subdivision G of Division 2 of Part 8 of that Act;
15
Subsection 23(1) (definition of automatic deferment provision)
After paragraph (b), insert:
(ba)
a youth training allowance automatic deferment provision; or
16
Subsection 23(1) (definition of education leavers waiting period)
After paragraph (b), insert:
(ba)
an education leavers waiting period under section 98 of the Student and Youth Assistance Act 1973; or
17
Subsection 23(1) (definition of ordinary waiting period)
After paragraph (b), insert:
(ba)
an ordinary waiting period under section 96 of the Student and Youth Assistance Act 1973; or

Subsection 23(1) (definition of Secretary)

Omit the definition, substitute:
Secretary means:
(a)
except in relation to Part 6.3—the Secretary to the Department; or
(b)
in relation to Part 6.3:
(i)
in the review of a decision other than a decision under the Student and Youth Assistance Act 1973—the Secretary to the Department; or
(ii)
in the review of a decision under the Student and Youth Assistance Act 1973—the Secretary to the Employment Department.
19
Subsection 23(1) (definition of social security recipient status)
After “social security benefit” in paragraph (a), insert “, a youth training allowance”.
20
Subsection 23(1) (definition of unused annual leave waiting period)
After paragraph (b), insert:
(ba)
an unused annual leave waiting period under sections 93 of the Student and Youth Assistance Act 1973; or
21
Subsection 23(1) (definition of waiting period)
After paragraph (fa), insert:
(fb)
an unused annual leave waiting period under section 93 of the Student and Youth Assistance Act 1973: or
(fc)
an ordinary waiting period under section 96 of the Student and Youth Assistance Act 1973; or
(fd)
an education leavers waiting period under section 98 of the Student and Youth Assistance Act 1973; or
(fe)
a newly arrived residents waiting period under section 101 of the Student and Youth Assistance Act 1973; or

Subsection 23(1)

Insert the following definitions:
student assistance benefit decision means a decision of an officer under the Student and Youth Assistance Act 1973:
(a)
relating to the AUSTUDY scheme; or
(b)
relating to the Student Financial Supplement Scheme; or
(c)
relating to the recovery of amounts under a current or former special educational assistance scheme.
youth training allowance means a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973.
youth training allowance automatic deferment provision has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.

Subparagraph 23(6)(b)(ii)

After “benefit”, insert “or a youth training allowance”.

Subparagraph 23(7)(b)(ii)

After sub‑subparagraph (A), insert:
(B)
a youth training allowance; or

After subsection 23(10)

Insert:
Served the waiting period for youth training allowance
(10AA)
If a person is subject to an unused annual leave waiting period, or an ordinary waiting period, for a youth training allowance, the person is taken to have served the waiting period if, and only if:
(a)
the waiting period has ended; and
(b)
the person was, throughout the waiting period, qualified for the youth training allowance.

Subsection 39(4)

Add at the end “and some points are divided into subpoints”.

Paragraph 46(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 73A(b)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 82(5)(b)

After subparagraph (ii), insert:
(iia)
was receiving a youth training allowance; or

Paragraph 98(1)(f)

After “benefit”, insert “or a youth training allowance”.

Paragraph 100(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 103(2)(b)

After “benefit”, insert youth training allowance”.

Paragraph 136(b)

After “benefit”, insert “,youth training allowance”.

Paragraph 141(b)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 146F(5)(b)

After subparagraph (ii), insert:
(iia)
was receiving a youth training allowance; or

Paragraph 148(1)(d)

After “benefit”, insert “or a youth training allowance”.

Paragraph 150(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 175B(b)

After “benefit”, insert “, a youth training allowance”.

Section 175B

Omit “or benefit” (last occurring), substitute “, benefit or allowance”.

Paragraph 201(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Section 175B

Omit “or benefit” (last occurring), substitute “, benefit or allowance”.

Paragraph 202(2)(b)

After “benefit” insert “, youth training allowance”.

Paragraph 225A(b)

After “benefit”, insert “, youth training allowance”.

Section 225A

Omit “or benefit”, substitute “, benefit or allowance”.

Paragraph 225B(c)

After “benefit”, insert “, a youth training allowance”.

Paragraph 225B(d)

Omit “or benefit”, substitute “, benefit or allowance”.

Section 225B

After “pension” (last occurring), insert “, benefit or allowance”.

Paragraph 227A(b)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Section 227A

Omit “or benefit”, substitute “, benefit or allowance”.

Subparagraph 236A(1)(d)(ii)

After sub‑subparagraph (B), insert:
(BA)
was not receiving a youth training allowance; and

Paragraph 253(1)(c)

After “benefit”, insert “or a youth training allowance”.

Paragraph 255(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 258(2)(b)

After “benefit”, insert”, youth training allowance”.

Paragraph 287A(b)

After “benefit”, insert “, youth training allowance”.

Section 287A

Omit “or benefit”, substitute “, benefit or allowance”.

Paragraph 290A(b)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 290A(c)

Omit “or benefit”, substitute “, benefit or allowance”.

Section 290A

Omit “or benefit” (last occurring), substitute “, benefit or allowance”.

Paragraph 316(1)(c)

After “benefit”, insert “or a youth training allowance”.

Paragraph 318(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 321(2)(b)

After “benefit”, insert “, youth training allowance”.

Paragraph 344A(b)

After “benefit”, insert “, youth training allowance”.

Section 344A

Omit “or benefit”, substitute “, benefit or allowance”.

Paragraph 364(1)(c)

After “benefit”, insert “or a youth training allowance”.

Paragraph 366(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 392A(b)

After “benefit”, insert “, youth training allowance”.

Section 392A

Omit “or benefit”, substitute “, benefit or allowance”.

Paragraph 415(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 418(2)(b)

After “benefit”, insert “, youth training allowance”.

Paragraph 450(b)

After “benefit”, insert “, youth training allowance”.

Section 450

Omit “or benefit”, substitute “, benefit or allowance”.

Paragraph 456(b)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 456(c)

Omit “or benefit”, substitute “, benefit or allowance”.

Section 456

Omit “or benefit” (last occurring), substitute “, benefit or allowance”.

Paragraph 469(6)(a)

After “benefit”, insert “or a youth training allowance”.

Paragraph 469(6)(b)

After subparagraph (ii), insert:
(iia)
was receiving a youth training allowance; or

Paragraph 469(7)(a)

After “benefit”, insert “, youth training allowance”.

Subsection 513(1)

After “Subject to”, insert “subsection (2A) and”.

Subparagraph 513(1)(d)(ii)

Add at the end “; and”.

Subsection 513(1)

Add at the end:
(e)
the person was not in receipt of a youth training allowance during the period.

Subsection 513(1A)

After “Subject to”, insert “subsection (2A) and”.

Subparagraph 513(1A)(f)(v)

Add at the end “; and”.

Subsection 513(1A)

Add at the end:
(g)
the person was not in receipt of a youth training allowance during the period.

Subsection 513(2)

After “Subject to”, insert “subsection (2A) and”.

Paragraph 513(2)(d)

Add at the end “; and”.

Subsection 513(2)

Add at the end:
(e)
the person was not in receipt of a youth training allowance during the period.

After subsection 513(2)

Insert:
(2A)
A person who is under the age of 18 years is not qualified for a job search allowance at a particular time (the relevant time) unless:
(a)
the person was in receipt of job search allowance immediately before the commencement of this subsection; and
(b)
subject to subsection (2B), the person was in receipt of job search allowance throughout the period (the test period) from the commencement of this subsection until the relevant time.
(2B)
A person does not have to satisfy paragraph (2A)(b)in respect of:
(a)
a part of the test period that was not longer than 6 weeks; or
(b)
a part of the test period in which the person received sickness allowance if:
(i)
the person was in receipt of job search allowance immediately before that part of the test period; and
(ii)
the person began to receive job search allowance immediately after that part of the test period.

Section 514

Repeal the section, substitute:

514Effect of incapacity on qualification

(1)
In this section:
JSA change day, in relation to a person, means the day on which the person ceases to be qualified for a job search allowance because of:
(a)
paragraph 513(1)(d) (reaching 18 years of age) and being registered for more than 12 months; or
(b)
paragraph 513(2)(d) (being registered for more than 12 months).
JSA change sickness period, in relation to a person, means a period:
(a)
for which the person would be qualified for a sickness allowance under section 666 if subsections 666(7) and (8) were disregarded; and
(b)
that begins while the person is receiving a job search allowance.
YTA change day, in relation to a person, means the day on which the person ceases to be qualified for a youth training allowance because of subparagraph 65(1)(g)(i) of the Student and Youth Assistance Act 1973 (reaching 18 years of age).
YTA change sickness period, in relation to a person, means a period:
(a)
for which the person would be qualified for a sickness allowance under section 666 if subsections 666(7) and (8) were disregarded; and
(b)
that begins while the person is receiving a youth training allowance and ends after the person’s YTA change day.
(2)
Subject to subsection (5), a person is qualified for a job search allowance in respect of a JSA sickness period of the person that the Secretary does not expect to be longer than 13 weeks.
(3)
Subject to subsection (5), a person is qualified for a job search allowance in respect of so much of a YTA change sickness period of’ the person that the Secretary does not expect to be longer than 13 weeks as occurs after the person’s YTA change day.

(4)
Subject to subsections (5) and (6), a person is qualified for a job search allowance in respect of so much of a JSA change sickness period of the person as the Secretary does not expect to be longer than 13 weeks.
(5)
If:
(a)
a person is qualified for job search allowance in respect of a period under subsection (2), (3) or (4); and
(b)
the period lasts for longer than 13 weeks;
the person ceases to be qualified for a job search allowance 13 weeks after the period began.
(6)
A person is not qualified for a job search allowance in respect of any part of a JSA sickness period that occurs after the person’s JSA change day.

Paragraph 521 (1)(a)

After subparagraph (i), insert:
(ii)
a youth training allowances or

Paragraph 525AA(3)(a)

After “under”, insert “subsection 78(1) of the Student and Youth Assistance Act 1973 and”.

Section 525A

Add at the end:
(5)
For the purposes of this Part, if:
(a)
a person starts to receive job search allowance on a particular day; and
(b)
immediately before that day the person was a party to a Youth Training Activity Agreement under Part 8 of the Student and Youth Assistance Act 1973; and
(c)
the period covered by the agreement ends after that day;
the agreement has effect on and after that day as if it were a Job Search Activity Agreement.

Subparagraph 530(1)(b)(ii)

After “social security benefit”, insert “or a youth training allowance”.

Subparagraph 530(2)(b)(ii)

After “social security benefit” insert “or a youth training allowance”.

Paragraph 532(2)(b)

After “benefit”, insert “, a youth training allowance”.

Subsection 533(1)

Omit the subsection, substitute:
(1)
Subject to this section, a person’s provisional commencement day is:
(a)
if the person:
(i)
received a youth training allowance; and
(ii)
claims a job search allowance no later than 14 days after the person was last paid a youth training allowance;
the day immediately after the day in respect of which the person was last paid a youth training allowance; or
(b)
in any other case—the day on which the person claims a job search allowance.

Paragraph 533(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

Paragraph 535(1)(b)

Omit “period.”, substitute “period; and”.

Subsection 535(1)

Add at the end:
(c)
immediately before becoming qualified for the job search allowance, the person was not receiving a youth training allowance.

Paragraph 538(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

100

Subparagraph 538(g)(ii)

Omit “or benefit”, substitute “, a social security benefit or a youth training allowance”.

101

Paragraph 540(1)(c)

Omit the paragraph, substitute:
(c)
immediately before stopping the course, was not receiving any of the following:
(i)
a social security pension;
(ii)
a social security benefit;
(iii)
a youth training allowance;
(iv)
a service pension; and
(ca)
immediately before becoming qualified for the job search allowance, the person was not receiving a youth training allowance; and

102

Paragraph 540(4A)(a)

Omit “or social security benefit”, substitute “, a social security benefit or a youth training allowance”.

103

Paragraph 540(4A)(b)

Omit “or benefit”, substitute “, benefit or allowance”.

104

Paragraph 540(5)(b)

After “allowance”, insert “or youth training allowance”.

105

Paragraph 541(6)(b)

After “job search allowance,”, insert “a youth training allowance,”.

106

Paragraph 541A(11)(b)

After “job search allowance,”, insert “a youth training allowances,”.

107

Paragraph 578(b)

After “benefit”, insert “, a youth training allowance”.

108

Section 578

Omit “or benefit”, substitute “, benefit or allowance”.

109

Paragraph 582(b)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

110

Section 582

Omit “or benefit”, substitute “, benefit or allowance”.

111

Paragraph 593(1)(i)

After “allowance”, insert “or a youth training allowance”.

112

Paragraph 593(2)(i)

After “Allowance”, insert “or a youth training allowance”.

113

Subsection 594(1)

Insert:
YTA change day, in relation to a person, means the day on which the person ceases to be qualified for a youth training allowance because of subparagraph 65(1)(g)(i) of the Student and Youth Assistance Act 1973 (reaching 18 years of age).
YTA change sickness period, in relation to a person, means a period:
(a)
for which the person would be qualified for a sickness allowance under section 666 if subsections 666(7) and (8)were disregarded; and
(b)
that begins while the person is receiving a youth training allowance and ends after the person’s YTA change day.

114

After subsection 594(3)

insert:
(3A)
Subject to subsection (4), a person is qualified for a newstart allowance in respect of so much of a YTA change sickness period of the person that the Secretary does not expect to be longer than 13 weeks as occurs after the person’s YTA change day.

115

Paragraph 594(4)(a)

Omit “(2) or (3)”, substitute “(2), (3) or (3A)”.

116

Paragraph 603A(3)(a)

Omit the paragraph, substitute:
(a)
the Secretary makes a number of determinations under any one or more of the following provisions:
(i)
subsection 525AA(3);
(ii)
subsection 78(1) of the Student and Youth Assistance Act 1973;
(iii)
subsection (1) of this section; and

117

Paragraph 604(2)(b)

Omit the paragraph, substitute:
(b)
immediately before that day, the person was a party to:
(i)
a Youth Training Activity Agreement under Part 8 of the Student and Youth Assistance Act 1973; or
(b)
a Job Search Activity Agreement (see sections 525A to 525C); and

118

Subparagraph 612(1)(b)(ii)

Add at the end “and”.

119

Paragraph 612(1)(b)

Add at the end:
(iii)
is not in receipt of a youth training allowance;

120

Subparagraph 612(2)(b)(ii)

Add at the end “or”.

121

After subparagraph 612(2)(b)(ii)

Insert:
(iii)
a youth training allowance;

122

Paragraph 614(2)(b)

After “benefit”, insert “, a youth training allowance”.

123

Subsection 615(1)

Before paragraph (a), insert:
(aa)
if the person:
(i)
received a youth training allowance; and
(ii)
claims a newstart allowance no later than 14 days after the person was last paid a youth training allowance;
the day immediately after the day in respect of which the person was last paid a youth training allowance; or

124

Paragraph 615(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

125

Paragraph 617(1)(c)

Add at the end “or a youth training allowance”.

126

Paragraph 620(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

127

Subparagraph 620(j)(ii)

Omit “or benefit”, substitute “social security benefit or youth training allowance”.

128

Paragraph 622(1)(c)

Omit the paragraph, substitute:
(c)
immediately before stopping the course, was receiving none of the following:
(i)
a social security pension;
(ii)
a service pension;
(iii)
a social security benefit;
(iv)
a youth training allowance; and

129

Paragraph 622(1)(d)

After “job search allowance”, insert “or a youth training allowance”.

130

Paragraph 622(5)(b)

After “job search allowance”, insert “, a youth training allowance”.

131

Paragraph 623(6)(b)

After “job search allowance,”, insert “youth training allowance,”.

132

Paragraph 635(3)(a)

After “job search allowance”, insert “or a youth training allowance”.

133

Paragraph 660A(b)

After “benefit”, insert “, a youth training allowance”.

134

Section 660A

Omit “or benefit”, substitute “, benefit or allowance”.

135

Paragraph 660E(b)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

136

Section 660E

Omit “or benefit” (wherever occurring), substitute “benefit or allowance”.

137

Paragraph 660XCC(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

138

Paragraph 660XCK(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

139

Paragraph 660XJB(b)

After “benefit”, insert “, a youth training allowance”.

140

Section 660XJB

Omit “or benefit”, substitute “, benefit or allowance”.

141

Paragraph 660XJC(b)

After “benefit”, insert “, a youth training allowance”.

142

Section 660XJC

Omit “or benefit” (last occurring), substitute “, benefit or allowance”.

143

Paragraph 660XJF(b)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

144

Paragraph 660XJF(c)

Omit “or benefit”, substitute “, benefit or allowance”.

145

Section 660XJF

Omit “the allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit”, substitute “the mature age allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension, benefit or youth training allowance”.

146

Paragraph 660XKA(6)(b)

After subparagraph (ii), insert:
(iia)
was receiving a youth training allowance; or

147

Paragraph 660XKA(7)(a)

After “social security benefit”, insert “, youth training allowance”,

148

Subparagraph 661(2)(d)(i)

After “newstart allowance” (first occurring), insert “, youth training allowance”.

149

Paragraph 661(2)(e)

After “newstart allowance”, insert “, youth training allowance”.

150

Subparagraph 663(1)(c)(i)

After “job search allowance”, insert “or youth training allowance”.

151

Paragraph 663(1)(d)

After “job search allowance”, insert “or youth training allowance”.

152

Subparagraph 663(2)(c)(i)

After “job search allowance” (first occurring), insert “, youth training allowance”.

153

Paragraph 663(2)(d)

After “job search allowance”, insert “, youth training allowance”.

154

Paragraph 6641(1)(c)

After “newstart allowance”, insert “, youth training allowance”.

155

Heading to Division 5 of Part 2.13A

After “search”, insert “or youth training”.

156

Subparagraph 665Q(c)(i)

After “allowance”, insert “or youth training allowance”.

157

Paragraph 665Q(d)

After “allowance”, insert “or youth training allowance”.

158

Subpa ragraph 666(1)(d)(ii)

After “job search allowance”, insert “,youth training allowance”.

159

Subparagraph 666(1A)(e)(ii)

After “job search allowance”, insert “, youth training allowance”.

160

Paragraph 666(7)(a)

After “job search allowance”, insert “or youth training allowance”.

161.Subsection 675(1)

Add at the end “or under the AUSTUDY scheme or the ABSTUDY scheme”.

162

Paragraph 676(5)(b)

Omit “the person is not qualified for job search allowance or newstart allowance”, substitute “, or because of section 72 of the Student and Youth Assistance Act 1973 (youth training allowance liquid assets test disqualification), the person is not qualified for job search allowance or newstart allowance, or for youth training allowance,”.

163

Paragraph 677(1)(c)

Omit “682,”.

164

Subsection 677(1)

After paragraph (c), insert:
(ca)
the person is receiving youth training allowance (see section 682); or

165

Subparagraph 681(1)(b)(ii)

After “allowance”, insert “or youth training allowance”.

166

Subparagraph 681(2)(b)(ii)

After “allowance”, insert “or youth training allowance”.

167

Section 682

Repeal the section, substitute:

682Person previously receiving youth training allowance

(1)
If a person was receiving youth training allowance immediately before the person became qualified for a sickness allowance, sickness allowance is not payable to the person during the period of 13 weeks beginning on the day the person became qualified for a sickness allowance.
(2)
Subsection (1) does not apply to a person who is qualified for sickness allowance under section 666.

168

Subsection 683(1)

Omit the subsection, substitute:
(1)
If a person was receiving a job search allowance immediately before the person became qualified for a sickness allowance, sickness allowance is not payable to the person during the period of 13 weeks beginning on the day the person became qualified for a sickness allowance.

169

Paragraph 686(2)(b)

After “benefit”, insert “, a youth training allowance”.

170

Paragraph 689(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

171

Paragraph 693(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

172

Subparagraph 695(1)(c)(ii)

After “benefit”, insert “or youth training allowance”.

173

Paragraph 695(2)(b)

After “job search allowance”, insert “, youth training allowance”.

174

Paragraph 695(3)(a)

Omit “or social security benefit”, substitute “, social security benefit or youth training allowance”.

175

Paragraph 696(6)(b)

After “job search allowance”, insert “, youth training allowance”.

176

Paragraph 696A(11)(b)

After “job search allowance,”, insert “youth training allowance,”.

177

Section 709

Repeal the section, substitute:

709How to work out a person’s sickness allowance rate

(1)
Subject to sections 710, 711 and 712, a person’s sickness allowance is to be worked out in accordance with this section.
(2)
If:
(a)
the person:
(i)
is under 18 years of age; and
(ii)
was in receipt of sickness allowance immediately before the commencement of this section; and
(iii)
has been in receipt of sickness allowance at all times since that commencement; or
(b)
the person:
(i)
is under 18 years of age; and
(ii)
was in receipt of job search allowance immediately before he or she became qualified for sickness allowance;
the rate is worked out using Benefit Rate Calculator A at the end of section 1067.
(3)
If the person:
(a)
is under 18 years of age; and
(b)
begins to receive sickness allowance on or after the commencement of this section;
the rate is worked out using the Sickness Allowance Rate Calculator at the end of section 1067A.
(4)
If neither subsection (2) nor subsection (3) applies to a person, the person’s sickness allowance rate is worked out using Benefit Rate Calculator B at the end of section 1068.

178

Subsection 710(1)

After “666(1)(d)(i)”, insert “or 666(1A)(e)(i)”.

179

Section 710

After subsection (1), insert:
Loss of salary or wages includes AUSTUDY and ABSTUDY payments
(1A)
For the purposes of subsection (1), the income that a person has lost because of the person’s incapacity for work includes a payment that, apart from the incapacity, the person would have received under the AUSTUDY scheme or the ABSTUDY scheme.

180

Section 711

After “job search allowance” (wherever occurring), insert “, youth training allowance”.

181

Paragraph 728D(b)

After “benefit”, insert “, a youth training allowance”.

182

Section 728D

Omit “or benefit”, substitute “, benefit or allowance”.

183

Paragraph 728G(b)

After subparagraph (i), insert:
(ii)
a youth training allowance; or

184

Section 728G

Omit “that pension or benefit” (wherever occurring), substitute “that pension, benefit or youth training allowance”.

185

Subsection 729(2)

After paragraph (b), insert:
(ba)
no youth training allowance is payable to the person for the period;

186

Subsection 729(2)

After paragraph (d), insert:
(da)
the person is not disqualified for a youth training allowance for the period solely because of the operation of one or more of the following:
(i)
subparagraph 65(1)(g)(iv) of the Student and Youth Assistance Act 1973 (is not registered as being unemployed by the CES);
(ii)
section 69 of that Act (unemployment due to industrial action);
(iii)
section 71 of that Act (move to area of lower employment prospects); and
(db)
if the person is qualified for a youth training allowance but the allowance is not payable to the person for the period—that result is not produced solely by the operation of one or more of the following:
(i)
section 114 of the Student and Youth Assistance Act 1973 (person failing to comply with Secretary’s requirements);
(ii)
section 103 of that Act (person failing to satisfy activity test);
(iii)
section 106 of that Act (unemployment due to voluntary act);
(iv)
section 107 of that Act (unemployment due to misconduct);
(v)
section 108 of that Act (refusal of offer of employment);
(vi)
section 115 of that Act (person failing to comply with notification requirement);
(vii)
section 120 of that Act (person failing to continue CES registration);
(viii)
section 121 of that Act (seasonal workers);
(ix)
section 122 of that Act (move to area of lower employment prospects); and

187

After subsection 729(4)

Insert:
(4A)
For the purposes of paragraph (2)(db) a youth training allowance is taken to be not payable to a person for a period because of the operation of a provision if:
(a)
the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or
(b)
were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.

188

Paragraph 731(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

189

Subparagraph 734(1)(b)(ii)

Add at the end “or a youth training allowance”.

190

Subparagraph 734(2)(b)(ii)

Add at the end “or a youth training allowance”.

191

Subsection 746(2)

After “gaol”, insert “or from psychiatric confinement”.

192

Subsection 746(2)

After “job search allowance” (wherever occurring), insert “, youth training allowance”.

193

Subsection 746(2)

After “gaol” in Note 1, insert “or from psychiatric confinement”.

194

Paragraph 762A(b)

After “benefit”, insert “, a youth training allowance”.

195

Section 762A

Omit “or benefit”, substitute “, benefit or allowance”.

196

Paragraph 771HA(1)(c)

After “job search allowance,”, insert “youth training allowance,”.

197

Subsection 771HA(3)

After “job search allowance,”, insert “youth training allowance,”.

198

Paragraph 771HA(3)(b)

After “608(1)(j)”, insert “of this Act, or paragraph 85(1)(k), (1) or (m) of the Student and Youth Assistance Act 1973,”.

199

Paragraph 771HC(1)(c)

After “benefit”, insert “, or a youth training allowance,”.

200

Paragraph 771HI(2)(b)

After “benefit”, insert “, a youth training allowance”.

201

Paragraph 771HN(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

202

Subsection 771KE(2)

After “job search allowance” (wherever occurring), insert “, youth training allowance”.

203

Paragraph 771NB(b)

After “benefit”, insert “, a youth training allowance”.

204

Section 771NB

Omit “or benefit”, substitute “, benefit or allowance”.

205

Paragraph 771NC(c)

After “job search allowance,”, insert “youth training allowance,”.

206

Section 771NC

After “pension referred to in paragraph (b)”, insert “or the allowance or benefit referred to in paragraph (c)”.

207

Section 771NH

Repeal the section, substitute:

771NHAutomatic rate reduction—partner starting to receive social security benefit or youth training allowance

If:
(a)
a person is receiving partner allowance; and
(b)
the person’s partner starts to receive a different social security benefit or a youth training allowance; and
(c)
the person’s partner allowance rate is reduced because of the partner’s receipt of that benefit or youth training allowance;
the partner allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that benefit or youth training allowance.

208

Paragraph 771NU(1)(d)

After “job search allowance,”, insert “youth training allowance,”.

209

Subsection 771NU(3)

After paragraph (a), insert:
(aa)
if the deceased partner was receiving a youth training allowance immediately before he or she died, the rate of partner allowance is the rate at which a partner allowance would have been payable to the surviving partner if:
(i)
the surviving partner had been qualified for youth training allowance; and
(ii)
the surviving partner was not a member of a couple;”.

210

Subsection 771NX(1)

After “subsection (2),” in Step 4 in the Lump Sum Calculator, insert “(2A),”.

211

Section 771NX

After subsection (2), insert:
Deceased partner receiving youth training allowance
(2A)
If, immediately before the deceased partner died, he or she was receiving youth training allowance, the surviving partner’s national rate is the amount of youth training allowance that would have been payable to the surviving partner on the surviving partner’s pay day immediately before the first available bereavement adjustment pay day if:
(a)
a youth training allowance had been payable to the surviving partner on that pay day; and
(b)
the surviving partner was not a member of a couple on that pay day.

212

Paragraph 784(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

213

Paragraph 822(5)(b)

After subparagraph (ii), insert:
(iia)
was receiving a youth training allowance; or

214

Subsection 831A(3)

After paragraph (a), insert:
(aa)
a youth training allowance; or

215

Paragraph 910(2)(a)

After subparagraph (i), insert:
(ia)
a youth training allowance; or

216

Subsection 1061P(2)

Omit from Notes 1 and 2 at the end of the subsection “a social security pension or benefit”, substitute “a social security pension, a social security benefit or a youth training allowance”.

217

Section 1064

After “benefit” in paragraph (b) of point 1064‑H5 in MODULE H of the Pension Rate Calculator A at the end of the section, insert “or a youth training allowance”.

218

Section 1065

After “benefit” in paragraph (b) of point 1065‑E4 in MODULE E of the Pension Rate Calculator B at the end of the section, insert “or a youth training allowance”.

219

Section 1066

After “benefit” in paragraph (b) of point 1066‑H4 in MODULE H of the Pension Rate Calculator C at the end of the section, insert “or a youth training allowance”.

220

Section 1066A

After “benefit” in paragraph (b) of point 1066A‑14 in MODULE I of the Pension Rate Calculator D at the end of the section, insert “or a youth training allowance”.

221

Section 1066B

After “benefit” in paragraph (b) of point 1066B‑F4 in MODULE F of the Pension Rate Calculator E at the end of the section, insert “or a youth training allowance”.

222

Subsection 1067(1)

Omit the subsection, substitute:
(1)
The rate of job search allowance of a person, and the rate of sickness allowance of a person referred to in subsection 709(2), are to be calculated in accordance with the Rate Calculator at the end of this section.

223

Section 1067

After “job search allowance,” in paragraph (b), of point 1067‑F12 in MODULE F in Benefit Rate Calculator A at the end of the section, insert “youth training allowance,”.

224

Section 1067

Omit “or a social security benefit” from paragraph (e) of point 1067‑G2 in MODULE G in Benefit Rate Calculator A at the end of the section, insert “, a social security benefit or a youth training allowance,”.

225

Section 1067

After “benefit” in paragraph (b) of point 1067‑K7 in MODULE K in Benefit Rate Calculator A at the end of the section, insert “or a youth training allowance”.

226

Paragraph 1068(1)(b)

Omit “who has turned 18”, substitute “to whom subsection 709(4) applies”.

227

section 1068

After “benefit” in paragraph (c) of point 1068‑B1A in MODULE B in Benefit Rate Calculator B at the end of the section, insert “or a youth training allowance”.

228

Section 1068

After “benefit” in paragraph (b) of point 1068‑F14 in MODULE F in Benefit Rate Calculator B at the end of the section, insert “or a youth training allowance”.

229

Section 1068

After “benefit” in paragraph (b) of point 1068‑J7 in MODULE J in Benefit Rate Calculator B at the end of the section, insert “or a youth training allowance”.

230

Section 1069

Omit point 1069‑D4 in MODULE D in the Family Payment Rate Calculator at the end of the section, substitute:
Assets test not to apply to recipient of pension, benefit or allowance
1069‑D4
Paragraph 1069‑D2(c) does not apply to a person who is, or whose partner is, receiving a social security pension, a social security benefit or a youth training allowance.

231

Section 1069

Omit “social security pension or benefit” from paragraph (b) of point 1069‑D10 in MODULE D in the Family Payment Rate Calculator at the end of the section, substitute “social security pension, social security benefit or youth training allowance”.

232

Section 1069

Omit “or a social security pension or benefit” from subparagraph (c)(i) of point 1069‑D15 in MODULE D in the Family Payment Rate Calculator at the end of the section, substitute “, a social security pension, a social security benefit or a youth training allowance”.

233

Section 1069

Omit “or benefit” from subparagraph (a)(i) of point 1069‑D20 in MODULE D in the Family Payment Rate Calculator at the end of the section, substitute “, a social security benefit or a youth training allowance”.

234

Section 1069

Omit “or benefit” from paragraph (a) of point 1069‑D22 in MODULE D in the Family Payment Rate Calculator at the end of the section, substitute “a social security benefit or a youth training allowance”.

235

Section 1069

Omit “or benefit” from paragraph (b) of point 1069‑D22 in MODULE D in the Family Payment Rate Calculator at the end of the section, substitute “benefit or allowance”.

236

Section 1069

Omit “or benefit” from point 1069‑Hl in MODULE H in the Family Payment Rate Calculator at the end of the section, substitute “, a social security benefit, a youth training allowance”.

237

Subsection 1106(2)

Omit “or benefit” in paragraphs (a) and (b), insert “a social security benefit, a youth training allowance”.

238

Section 1115

Omit “and had an earnings credit account balance under this Act” from paragraph (b) of point 1115‑B4 in MODULE B in Earnings Credit Account Balance Calculator A at the end of the section, substitute “or a youth training allowance and had an earnings credit account balance under this Act or Part 8 of the Student and Youth Assistance Act 1973”.

239

Section 1115

Omit “and had an earnings credit account balance under this Act” from paragraph (b) of point 1115‑B5 in MODULE B in Earnings Credit Account Balance Calculator A at the end of the section, substitute “or a youth training allowance and had an earnings credit account balance under this Act or Part 8 of the Student and Youth Assistance Act 1973”.

240

Section 1115

After “social security benefit” in paragraph (b) of point 1115‑B6 in MODULE B in Earnings Credit Account Balance Calculator A at the end of the section, insert “or a youth training allowance”.

241

Section 1115

Omit “benefit, the person had an earnings credit account balance” from paragraph (c) of point 1115‑B6 in MODULE B in Earnings Credit Account Balance Calculator A at the end of the section, substitute “benefit or the youth training allowance, the person had an earnings credit account balance under this Act or Part 8 of the Student and Youth Assistance Act 1973”.

242

Paragraph 1115A(2)(c)

After subparagraph (ii), insert:
(iii)
is not receiving a youth training allowance; and

243

Subparagraph 1115B(2)(c)(ii)

After “benefit”, insert “or a youth training allowance”.

244

Section 1115C

(a)
After “social security benefit” in paragraph (b) of point 1115C‑B2 in MODULE B in Earnings Credit Account Balance Calculator B at the end of the section, insert “, a youth training allowance”.
(b)
After “this Act” in paragraph (b) of point 1115C‑B2 in MODULE B in Earnings Credit Account Balance Calculator B at the end of the section, insert “, Part 8 of the Student and Youth Assistance Act 1973”.
(c)
After “benefit” (last occurring) in paragraph (b) of point 1l15C‑B4 in MODULE 13 in Earnings Credit Account Balance Calculator B at the end of the section, insert “or a youth training allowance”.
(d)
Omit paragraph (c) of point 1115C‑B4 in MODULE B in Earnings Credit Account Balance Calculator B at the end of the section, substitute:
“(c)
immediately before the person ceased to receive the earlier social security benefit or the youth training allowance, the person had an earnings credit account balance under this Act or Part 8 of the Student and Youth Assistance Act 1973 that was greater than nil;”.
(e)
After “benefit” in subparagraph (c)(11) of point 1115C‑B5 in MODULE B in Earnings Credit Account Balance Calculator B at the end of the section, insert “or a Youth training allowance”.
(f)
After “benefit” (last occurring) in Paragraph (d) or a point 1115C‑B5 in MODULE B in Earnings Credit Account Balance Calculator B at the end of the section, insert “or a youth training allowance”.
(g)
Omit paragraph (e) of point 1115C‑B5 in MODULE B in Earnings Credit Account Balance Calculator B at the end of the section, substitute:
“(c)
immediately before the person ceased to receive the earlier social security benefit or the youth training allowance, the partner had an earnings credit account balance under this Act or Part 8 of the Student and Youth Assistance Act 1973 that was greater than nil;”.
(h)
After “benefit” in paragraph (b) of point 1115C‑D2 in MODULE D in Earnings Credit Account Balance Calculator B at the end of the section, insert “or youth training allowance”.

245

Paragraphs 1123(2)(a) and (b)

Omit the paragraphs, substitute:
(a)
obtaining a social security pension, a social security benefit or a service pension or enabling the person’s partner to obtain such a pension or benefit or a youth training allowance; or
(b)
obtaining a social security pension, a social security benefit or a service pension, or enabling the person’s partner to obtain such a pension or benefit or a youth training allowance, at a higher rate than would otherwise have been payable; or

246

Paragraph 1125A(1)(b)

After “subsection 11(10A)”, insert “or when the person’s partner claims a youth training allowance”.

247

Subparagraph 1125A(1)(c)(ii)

After “payment” (last occurring), insert “or has claimed a youth training allowance”.

248

Subsection 1125A(1)

Omit “for the purposes of determining whether a pension, benefit or payment”, substitute “for the purposes of determining whether a pension, benefit, payment or allowance”.

249

Subparagraph 1126(1)(a)(ii)

After “payment” (last occurring), insert “or is receiving a youth training allowance”.

250

Paragraph 1131(2)(b)

After “newstart allowance”, insert “, youth training allowance”.

251

Paragraph 1161(1)(a)

Omit the paragraph, substitute:
(a)
a person is released from gaol, or from psychiatric confinement that the person was undergoing because he or she had been charged with committing an offence, after spending at least 7 days in gaol or such confinement; and

252

Subsection 1166(2)

(a)
Insert “YTA” under “MAPA” in column 4 of the table in relation to items 2 and 3.
(b)
Insert under “MAPA” in the Key at the foot of the table
“YTA = youth training allowance”.

253

Subsection 1168(3)

At the end of the table, add the following items:

6	Partnered	CP DSP	qualified for YTA	person
SPP
SSB
DSWP
SNDSP
RHA
MA
MAPA
7	Partnered	CP DSP	qualified for YTA	partner
SPP
SSB
DSWP
SNDSP
RHA
MA
MAPA

254

Subsection 1168(3)

Insert under “MAPA” in the Key at the foot of the table “YTA youth training allowance”.

255

Subsection 1170(2)

(a)
Insert “YTA” under “MAPA” in column 4 of the table in relation to items 2 and 3.
(b)
Insert under “MAPA” in the Key at the foot of the table
“YTA = youth training allowance”.

256

Paragraph 1174(5)(b)

After “compensation affected payment”, insert “or a youth training allowance”.

257

Paragraph 1174(6)(b)

After “compensation affected payment”, insert “or a youth training allowance”.

258

Paragraph 1179(5)(b)

After “compensation affected payment”, insert “or a youth training allowance”.

259

Paragraph 1179(6)(b)

After “compensation affected payment”, insert “or a youth training allowance”.
260
Section 1190 (Indexed and Adjusted Amounts Table)
(a)
After “social security benefit” in column 2 of item 3, insert “(other than sickness allowance payable to a person referred to in subsection 709(3))”.
(b)
After item 3, insert:

Maximum basic rate for a sickness allowance payable to a person referred to in subsection 709(3)

SA (under 18) MBR

Sickness Allowance

Rate Calculator

—point 1067E‑B1

—column 3—all amounts

(c)
After “social security benefit” in column 2 of item 18, insert “(other than sickness allowance payable to a person referred to in subsection 709(3))”.
(d)
After item 18, insert:

18AA

Maximum rent assistance for sickness allowance payable to a person referred to in subsection 709(3)

SA (under 18) MBR

Sickness Allowance

Rate Calculator

Table DB in point 1067E‑D6—column 4—all amounts

(e)
After “social security benefit” in column 2 of item 18A, insert (other than sickness benefit payable to a person referred to in subsection 709(3))”.
(f)
After item 18A, insert:

18B

Rent threshold rate for sickness allowance payable to a person referred to in subsection 709(3)

Rent threshold SA (under 18)

Sickness Allowance

Rate Calculator

Table DA in point 1067E‑D2—column 3—all amounts and Table DB in point 1067E‑D6—column 3—all amounts

(g)
After “social security benefit” in column 2 of items 28, 29, 30, 31, 32 and 33, insert “(other than sickness benefit payable to a person referred to in subsection 709(3))”.
(h)
After item 35, insert:

35A

Minimum non‑independent payment rate for sickness allowance payable to a person referred to in subsection 709(3)

Minimum payment rate SA (under 18)

Sickness Allowance

Rate Calculator—Step 7 in point 1067E‑A1

(i)
After “social security benefit” in column 2 of items 45, 47, 47A, 49, 49B and 49D”, insert “(other than sickness allowance payable to a person referred to in subsection 709(3))”.
(j)
After item 49D, insert:

49E	Rate of pharmaceutical allowance for a person who is not a member of a couple	PA (SA) single	Sickness Allowance Rate Calculator—point 1067E‑C4—item 1—Table C—column 3
49F	Rate of pharmaceutical allowance for a person who is partnered	PA (SA) partnered	Sickness Allowance Rate Calculator—point 1067E‑C4—item 2—Table C—column 3
49G	Rate of pharmaceutical allowance for a person who is a member of an illness separated couple or a respite care couple	PA (SA) (item 49G)	Sickness Allowance Rate Calculator—point 1067E‑C4—items 3 and 4—Table C—column 3
49H	Rate of pharmaceutical allowance for a person: (a) who is a member of a couple; and (b) whose partner is receiving a service pension (b)	PA (SA) (item 49H)	Sickness Allowance Rate Calculator—point 1067E‑C4—item 5—column 3
49J	Rate of pharmaceutical allowance for a person: (a) who is a member of a couple; and (b) whose partner is in gaol	PA (SA) (item 49J)	Sickness Allowance Rate Calculator—point 1067E‑C4—item 6—column 3

261

Section 1191 (CPI Indexation Table)

(a)
After item 3, insert:

SA (under 18) MBR

1 January

June

highest June quarter before reference quarter (but not earlier than June quarter 1986)

$0.10

(b)
After item 12, insert:

12AA

Rent SA (under 18)

(a)20 March

(b) 20 September

(a)December

(b) June

highest June or December quarter before reference quarter (but not earlier than June quarter 1979)

$0.20

(c)
After item 12A, insert:

12B

Rent threshold SA (under 18)

(a)20 March

(b) 20 September

(a)December

(b) June

highest June or December quarter before reference quarter (but not earlier than June quarter 1979)

$0.20

(d)
After item 23, insert:

23A

Minimum payment rate SA (under 18)

1 January

June

highest June quarter before reference quarter (but not earlier than June quarter 1986)

$0.05

(e)
After item 33, insert:

33A

PA (SA) (item 49F) and PA(SA) (item 49H)

1 January

June

Highest September quarter before reference quarter (but not earlier than September quarter 1991)

$0.10

262

Section 1192

Add at the end:
(6)
The first indexation of the amounts under items 3A, 23A and 33A of the CPI indexation table in subsection 1191(1) is to take place on 1 January 1996.

263

Section 1206A

Add at the end:
(4)
This Act has effect as if, on 1 January l996 and on 1 January in each later year, there were substituted for the PA(SA) single rate, the PA(SA) (item 49G) rate and the PA(SA) (item 49J) rate the amount worked out using the formula:

where:
Current PA(SA) partnered rate means the current figure, as at that 1 January, for the PA(SA) partnered rate.

264

Subsection 1228(2)

After paragraph (c), insert:
(ca)
a payment under Part 8 of the Student and Youth Assistance Act 1973; or

265

Subsection 1228(2A)

Omit “Student Assistance Act 1973”, substitute “Student and Youth Assistance Act 1973”.

266

Paragraph 1234A(1)(a)

After “this Act,”, insert “the Student and Youth Assistance Act 1973,”.

267

Subsection 1260(1)

Insert (other than a decision under the Student and Youth Assistance Act 1973)” after “decision” (first occurring).

268

Section 1260

After subsection (1), insert the following subsection:
(1A)
For the purposes of subsection (1), if a decision is made on the basis of issues determined solely by officers of the Employment Department, the Secretary referred to in paragraph (1)(b) is the Employment Secretary.

269

Subsection 1261(1)

Omit, “the application” (first occurring), substitute “an application under Part 6.2 or under Division 2 of Part 9 of the Student and Youth Assistance Act 1973”.

270

Section 1261

(a)
After subsection (1), insert the following subsection:
(1A)
If an application under Division 2 of Part 9 of the Student and Youth Assistance Act 1973 is sent or delivered to an office of the Employment Department, the Secretary must send the application to the National Convener as soon as practicable and in any case not later than 7 days after the application is received at the office of the Employment Department.
(b)
Add at the end the following note:
Note: In this subsection Secretary has the meaning given in section 23.

271

Section 1262

After subsection (1), insert the following note:
Note: In this section Secretary has the meaning given in section 23.

272

Subsection 1263(1)

After “this Act”, insert “, Division 2 of Part 9 of the Student and Youth Assistance Act 1973”.

273

Subsection 1263(2)

After “section 1251”, insert “or under section 314 of the Student and Youth Assistance Act 1973”.

274

Paragraph 1264(2)(b)

After “section 1260”, insert “or under section 322 of the Student and Youth Assistance Act 1973”.

275

Section 1265

Add at the end the following note:
Note: In this section Secretary has the meaning given in section 23.

276

Section 1268

Add at the end the following note:
Note: In this section Secretary has the meaning given in section 23.

277

Subsection 1269(1)

(a)
After “section l304”, insert “of this Act or section 343 of the Student and Youth Assistance Act 1973, as the case requires,”.
(b)
Omit the note to the subsection, substitute:
Note: Under section 1304 of this Act or section 343 of the Student and Youth Assistance Act 1973, the Secretary may require a person to provide information or produce documents.

278

Section 1269

Add at the end the following note:
Note: In this section Secretary has the meaning given in section 23.

279

Paragraph 1273(2)(b)

After “section 1246”, insert “or section 310 of the Student and Youth Assistance Act 1973”.

280

Paragraph 1273(2)(c)

Omit “sections 1241 or 1251”, substitute “section 1241 or 1251 or under section 305 or 314 of the Student and Youth Assistance Act 1973,”.

281

Paragraph 1274(2)(a)

Omit the paragraph, substitute:
(a)
sending or delivering written notice of withdrawal:
(i)
in the withdrawal of an application for the review of a decision other than a student assistance benefit decision—to an office of the SSAT or an office of the Department; or
(ii)
in the withdrawal of an application for the review of a student assistance benefit decision—to an office of the SSAT or an office of the Employment Department; or

282

Section 1274

Omit paragraph (2A)(a), substitute:
(a)
is a student assistance benefit decision, or is about youth training allowance, job search allowance or newstart allowance; and

283

Section 1274

Add at the end the following note:
Note: in this section Secretary has the meaning given in section 23.

284

Paragraph 1279(1)(a)

After “this Act”, insert “, the Student and Youth Assistance Act 1973”.

285

Subsection 1279(5)

After paragraph (a), insert:
(aa)
the provisions of the Student and Youth Assistance Act l973 or the regulations made under that Act; or

286

Section 1281

Add at the end the following note:
Note: In this section Secretary has the meaning given in section 23.

287

Subsection 1324(1)

Omit “and the senior members”, substitute “, the senior members and the other members.”.

288

Subsection 1324(2)

Omit the subsection.

289

Subsection 1325A(1)

Omit “and the senior members”, substitute “, the senior members and the other members”.

290

Subsection 1325A(2)

Omit the subsection.

291

Subsection 1326(1)

Omit the subsection, substitute:
(1)
The Governor‑General may appoint a person to act as National Convener:
(a)
during a vacancy in the office of National Convener, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the National Convener is absent from duty or from Australia or is, for any reason, unable to perform the duties of the National Convener’s office;
but a person appointed to act under paragraph (a) must not continue to act for more than 12 months.

292

Subsection 1326(2)

Omit the subsection, substitute:
(2)
The Minister may appoint a person to act as National Convener during a vacancy in the office of National Convener, whether or not an appointment has been previously made to the office, but a person so appointed must not continue to act for more than 3 months.

293

Subsection 1326(3)

Omit “Minister”, substitute “Governor‑General”.

294

Section 1326

After subsection (3), insert:

(3A)
The Minister may appoint a person to act as a full‑time senior member in the place of a person who has ceased to be such a member, but a person so appointed must not continue to act for more than 3 months.

295

Subsection 1326(4)

Omit “Minister”, substitute “Governor‑General”.

296

Section 1326

After subsection (4), insert:
(4A)
The Minister may appoint a person to act as a part‑time senior member in the place of a person who has ceased to be such a member; but a person so appointed must not continue to act for more than 3 months.

297

Subsection 1326(5)

Omit “Minister”, substitute “Governor‑General”.

298

Section 1326

After subsection (5), insert:
(5A)
Where a person has been appointed under subsection (2), the Minister may direct that the person is to continue to act in the appointment after the normal terminating event occurs.”.

299

Subsection 1326(6)

Insert “or (5A)” after “(5)”.

300

Subsection 1326(8)

Insert “or (5A)” after “(5)”.

301

Subsection 1326(9)

Insert “or (5A)” after “(5)”.

302

Subsection 1326(12)

Omit the subsection, substitute:
(12)
For the purposes of this section, the normal terminating event for an appointment under subsection (1), (2), (3) or (4) is:
(a)
if the appointment is made under paragraph (1)(a) or subsection (2)—the filling of the vacancy in the office of National Convener; or
(b)
if the appointment is made under paragraph (1)(b) the National Convener ceasing to be absent or ceasing to be unable to perform the duties of the National Convener’s office; or
(c)
if the appointment is made under subsection (3) the senior member ceasing to be absent or ceasing to be unable to perform the duties of the member’s office; or
(d)
if the appointment is made under subsection (4) the senior member ceasing to be absent or ceasing to be unable to perform the duties of the member’s office.

303

Subsection 1334(1)

Omit “the National Convener or a senior member”, substitute “a member”.

304

Subsection 1334(2)

Omit the subsection.

305

Subsection 1334(4)

Omit “the National Convener or a senior member”, substitute “a member”.

306

Paragraph 1334(4)(a)

Omit “National Convener or the senior

307

Subsection 1334(6)

Omit the subsection, substitute:
(6)
The Governor‑General may remove a member from office if disqualifying circumstances exist in relation to the member.

308

Subsection 1334(7)

Omit the subsection.

309

Subsection 1334(9)

Omit the subsection, substitute:
(9)
If a member is:
(a)
an eligible employee for the purposes of the Superannuation Act 1976; or
(b)
a member of the superannuation scheme established by deed under the Superannuation Act 1990;
the Governor‑General may, with the consent of the member, by signed instrument, retire the member from office on, the ground of physical or mental incapacity on a date specified in the instrument.

310 Subsection 1334(10)

Omit the subsection.

311

Subsection 1334(11)

Omit “or (10)”.

312

Paragraph 1336(1)(d)

Omit “under Chapter 6”.

313

Subsection 1336(2)

Insert “or the Student and Youth Assistance Act 1973” after Act”.

314

Paragraph 1336(3)(c)

Insert “or the Student and Youth Assistance Act 1973” after “Act”.

315

Paragraph 1336(3)(d)

Insert “or the Student and Youth Assistance Act 1973” after “Act”.

316

Subsection 1336(5)

Insert “or the Student and Youth Assistance Act 1973” after “Act”.

317

Subsection 1336(7)

(a)
Omit “under Chapter 6”.
(b)
Insert “or the Student and Youth Assistance Act 1973” after “Act”.

318

Section 1337

Insert “or the Student and Youth Assistance Act 1973” after “Act”.

319

Subsection 1367(1)

Omit “subsection (2)”, substitute “this section”.

320

Subsection 1363(1)

Omit “subsection (2)”, substitute “this section”.

321

Section 1363

Add at the end:
(3)
Social security payments the making of which is dependent upon the recipient being qualified for youth training allowance are to be made in accordance with subsection 55A(1B) of the Student and Youth Assistance Act 1973.

NOTE ABOUT SECTION HEADINGS

On the commencement of this Act:
(a)
the heading to subsection 5(6) of the Social Security Act 1991 is altered by inserting “, allowance” after “benefit”;
(b)
the headings to sections 73A, 141, 227A, 290A, 456, 582, 660E, 660XJF and 728G of the Social Security Act 1991 are altered by Omitting “or benefit” and substituting “, benefit or allowance”;
(c)
the heading to section 661 of the Social Security Act 1991 is omitted and replaced by “Qualification for employment entry payment”;
(d)
the heading to section 663 of the Social Security Act 1991 is altered by adding at the end “or youth training allowees”;
(e)
the headings to sections 6650 and 711 of the Social Security Act 1991 are altered by inserting “, youth training” after “job search”;
(f)
the heading to section 1161 of the Social Security Act 1991 is altered by adding at the end “or from psychiatric confinement following criminal charge”;
(g)
the heading to section 1269 of the Social Security Act 1991 is omitted and the following heading is substituted:
“Request for Secretary to exercise powers”; and
(h)
the headings to sections 1268 and 1269 of the Social Security Act 1991 are altered by inserting “or Employment Secretary” after “Secretary”.

Schedule 2New Part 3.5A to be inserted in the Social Security Act 1991

Subsection 9(2)

“Part 3.5A—Sickness allowance rate calculator

Interpretation

“1067A.
In this Part:
accounting period, in MODULE F, means a period of 12 months.
employer, in MODULE F, has the meaning given by MODULE K.
fringe benefits year means a year beginning on 1 April.
independent has the meaning given by section 1067B.
living at home has the meaning given by section 1067D.
parent, in relation to a person (the ‘relevant person’), means, in the modules constituting the sickness allowance rate calculator at the end of section 1067E:
(a)
a natural or adoptive parent of the relevant person with whom the relevant person normally lives; or
(b)
if a parent referred to in paragraph (a) is a member of a couple and normally lives with ‘the other member of the couple—the other member of the couple; or
(c)
any other person (other than the relevant person’s partner) on whom the relevant person is wholly or substantially dependent; or
(d)
if none of the preceding paragraphs applies—the natural or adoptive parent of the relevant person with whom the relevant person last lived.
required to live away from home has the meaning given by section 1067C.

When a person is regarded as independent

Application

“1067B.
(1) This section applies to determine whether a person is to be regarded as independent for the purposes of this Part.

Member of a couple

“(2)
A person is independent if the person is a member of a couple.
Note: For ‘member of a couple’ see subsections 4(2), (3) and (6).

Person with a dependent child

“(3)
Subject to subsection (4), a person is independent if:
(a)
the person has a natural or adoptive child who is wholly or substantially dependent on the person or his or her partner; or
(b)
the person previously had a natural or adoptive child who was wholly or substantially dependent on the person or on a person who, at the time, was the person’s partner.

Child not dependent if maintenance paid for the child

“(4)
If a person pays maintenance for a child, the child is taken not to be dependent on the person.

Orphan

“(5)
A person is independent if both of the person’s parents are dead, whether or not the person is dependent, or was last dependent, on someone other than his or her parents.

If parents cannot exercise responsibilities

“(6)
A person is independent if both of the person’s parents are (or, if the person has only one parent, that parent is):
(a)
serving a prison sentence of at least 10 years; or
(b)
mentally incapacitated and likely to remain so incapacitated for an indefinite period; or
(c)
living in a nursing home and likely to remain there for an indefinite period; or
(d)
missing;
whether or not the person is dependent, or was last dependent, on someone other than a parent of the person.

Refugee

“(7)
Subject to subsection (8), a person is independent if the person:
(a)
is the holder, within the meaning of the Migration (1993) Regulations, of a Group 1.3 entry permit (permanent resident) (refugee and humanitarian); or
(b)
while the holder of such a permit, was granted Australian citizenship.

Certain refugees cannot qualify as independent

“(8)
A person is not independent under subsection (7) if the person:
(a)
has a parent living in Australia; or
(b)
is wholly or substantially dependent on someone else on a long‑term basis.

Person in State care

“(9)
A person is independent if:
(a)
the person is in the guardianship, care or custody of a Court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or
(b)
there is a current direction from such a Court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person’s parent; or
(c)
the person stopped being in a situation described in paragraph (a) or
(b)
only because of his or her age;
and:
(d)
the person is not living with a parent; and
(e)
the person does not qualify under a law of, or a non‑statutory scheme administered by, a State or Territory for the making of any payments by, or by an authority of, the State or Territory to or in respect of the person for his or her upkeep, and no such payments are being made.

Unreasonable to live at home

“(10)
A person is independent if:
(a)
the person can not live at the home of either or both of his or her parents:
(i)
because of extreme family breakdown or other similar exceptional circumstances; or
(ii)
because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her physical or mental well‑being due to violence, sexual abuse or other similar unreasonable circumstances; and
(b)
the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person or from another person who is acting as the person’s guardian on a long‑term basis; and
(c)
the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit or youth training allowance) from the Commonwealth, a State or a Territory.

Living away from home for 18 weeks

“(11)
A person is independent if the person:
(a)
does not live, and for a continuous period of at least 18 weeks has not lived, at a home of the parents, or of a parent, of the person; and
(b)
has, at a time when the person was not living at such a home been employed for at least 20 hours a week for the period of, or for periods that total, at least 13 weeks; and
(c)
is not receiving financial or other support from either or both of his or her parents, or from someone else who is acting as his or her guardian, and did not receive such support during the period referred to in paragraph (a).
“(12)
A person is taken to be independent for the purposes of this Part if:
(a)
the person does not live at a home of the parents, or of a parent, of the person; and
(b)
the person does not receive regular financial support from a parent of the person; and
(c)
immediately before qualifying for sickness allowance or, if the person has qualified for sickness’ allowance on more than one occasion, immediately before last qualifying for that allowance, the person was receiving youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; and
(d)
for the purposes of the payment of that youth training allowance the person was regarded as independent within the meaning of Schedule 1 to that Act (otherwise than because of subclause (10) of clause 2 of Part 1 of that Schedule).

Section to be exclusive

“(13)
A person is not to be regarded as independent except as provided by this section.
Note: For ‘parent’ see section 5.

Person required to live away from home

When a person is taken to be required to live away from home

“1067C.
(1) A person is taken to be required to live away from home for the purposes of this Part if, and only if:
(a)
the person is not independent; and
(b)
the person does not live at the home of either or both his or her parents; and
(c)
the Secretary determines that:
(i)
the person needs to live away from home for the purpose of education, training, searching for employment or doing anything else in preparation for getting employment; or
(ii)
the likelihood of the person’s getting employment will be significantly increased if the person lives away from home.

Secretary may have regard to advice from case manager

“(2)
In making a determination under paragraph (1)(c), the Secretary may have regard to any advice given by a case manager to whom the person has been referred under Part 4.3 of the Employment Services Act 1994.

Matters to which Secretary is to have regard

“(3)
In making a determination under subparagraph (1)(c)(ii), the Secretary is to have regard to:
(a)
the overall employment prospects for young people in the areas where the home is situated and in the area where the person is living; and
(b)
matters relating to the person that would affect the likelihood of the person’s getting employment in those areas.
Note: For ‘parent’ see section 5.

Person living at home

“1067D.
If a person:
(a)
is not independent; and
(b)
is not taken by section 1067C to be required to live away from home; the person is taken for the purposes of this Part to be living at home.

Rate of sickness allowance (under 18)

“1067E.
(1) The rate of sickness allowance of a person referred to in subsection 709(3) is to be calculated in accordance with the Rate Calculator at the end of this section.
“(2)
If:
(a)
a person is living with another person as the spouse of that other person on a genuine domestic basis although not legally married to the other person; and
(b)
the other person is of the opposite sex; and
(c)
either or both of them are under the age of consent applicable in the State or Territory in which they are living;
the person’s sickness allowance rate is not to be more than the rate at which it would be payable to the person if the other person were the person’s partner.
Note: This provision has the effect of taking into account the ordinary income and assets of the partner in applying the ordinary income test and assets test respectively.

“Sickness allowance rate calculator

“Module A—Overall rate calculation process

Method of calculating rate

“1067E‑A1.
The rate of allowance is a fortnightly rate.
Method statement
Step 1.Work, out the person’s maximum basic rate using MODULE B below.
Step 2.Work out the amount a fortnight (if any) of pharmaceutical allowance using MODULE C below.
Step 3.Work out any applicable additional amount for rent using MODULE D below.
Step 4.Add up the amounts obtained in Steps 1 to 3: the result is called the maximum payment rate.
Step 5.Work out, using MODULE E below, whether the assets test applies to the person and, if it does, whether or not the value of the person’s assets is more than the person’s assets value limit.
Step 6.If the value of the person’s assets is not more than the person’s assets value limit, the assets test does not affect the maximum payment rate.
Step 7.If the value of the person’s assets is more than the person’s assets value limit, then:
(a)
if the person is not independent, the maximum payment rate is reduced to $62.90 (this is called the minimum non‑independent payment rate) and Step 8 is to be disregarded; or
(b)
if the person is independent—a sickness allowance is not payable to the person and the following Steps are to be disregarded.
Step 8.If the person is not independent and the parental income test applies to the person (see points 1067E‑F2 and 1067E‑F3 in MODULE F below), work out the reduction for parental income using that MODULE and take the reduction away from the maximum payment rate but not so as to reduce that rate below the minimum non‑independent payment rate; the result is called the parental income test reduced rate.
Step 9.Apply the ordinary income test using MODULE G below to work out the person’s ordinary income reduction.
Step 10.The rate of the allowance is worked out by taking the person’s ordinary income reduction away from:
(a)
if the person is not independent:
(i)
if paragraph (a) of Step 7 applied to the person—the minimum non‑independent payment rate; or
(ii)
if Step 8 did not apply to the person because of points 1067E‑F2 and 1067E‑F3 (other than paragraph (g) of point 1067E‑F3)—the maximum payment rate; or
(iii)
if paragraph (g) of point 1067E‑F3 applied to the person and Step 7 did not apply to the person—the maximum payment rate; or
(iv)
if Step 8 applied to the person—the parental income test reduced rate; or
(b)
if the person is independent—the maximum payment rate;
and adding any amount payable by way of remote area allowance (see MODULE H below).
Note:
If a person’s rate is reduced under Step 8 or Step 10, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1207 (maximum basic rate first, then rent assistance).

“Module B—Maximum basic rate

Maximum basic rate

“1067E‑B1.
A person’s maximum basic rate is to be worked out using Table B.
Work out:
(a)
whether the person is independent; and
(b)
if the person is not independent—whether the person lives at home or is required to live away from home; and
(c)
if the person is independent:
(i)
whether the person is a member of a couple; and
(ii)
whether the person has a dependent child;
The maximum basic rate is the corresponding amount in column 3.

TABLE B MAXIMUM BASIC RATES
Column 1 Item	Column 2 Person’s situation	Column 3 Rate
1.	Not independent and lives at home	$134.50
2.	Not independent and required to live away from home	$222.10
3.	Independent and: (a) is not a member of a couple; and (b) does not have a dependent child	$222.10
4.	Independent and: (a) is a member of a couple; and (b) does not have a dependent child	$222.10
5.	Independent and: (a) is not a member of a couple; and (b) has a dependent child	$321.60
6.	Independent and: (a) is a member of a couple; and (b) has a dependent child	$269.20

Note 1: For ‘independent’ see section 1067B.
Note 2: For ‘member of a couple’ see section 4.
Note 3: For ‘dependent child’ see section 5.
Note 4: For ‘lives at home’ see section 1067D.
Note 5: For ‘required to live away from home’ see section 1067C.
Note 6: The rates in column 3 are indexed annually in line with CPI increases (see sections 1191‑1194).

“Module C—Pharmaceutical allowance

Qualification for pharmaceutical allowance

“1067E‑C1.
Subject to points 1067E‑C2 and 1067E‑C3, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:
(a)
the person is an Australian resident; and
(b)
the person is in Australia; and
(c)
the person is receiving sickeness allowance.

No pharmaceutical allowance if partner receiving pharmaceutical allowance under the Veterans’ Entitlements Act

“1067E‑C2.
Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving pharmaceutical allowance under the Veterans’ Entitlements Act.

No pharmaceutical allowance if partner receiving pharmaceutical allowance under the Veterans’ Entitlements Act and not a service pensioner

“1067E‑C3.
Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:
(a)
the person is a member of a couple; and
(b)
the person’s partner is receiving pharmaceutical allowance under the Veterans’ Entitlements Act; and
(c)
the person’s partner is not receiving a service pension.
Note: If paragraphs (a), (b) and (c) apply to the person’s partner, the partner is receiving pharmaceutical allowance under the Veterans’ Entitlements Act at the higher rate (rather than the person and the person’s partner each receiving pharmaceutical allowance at the lower rate)

Amount of pharmaceutical allowance

“1067E‑C4.
The amount of pharmaceutical allowance is the amount a fortnight worked out using the following table:

TABLE C PHARMACEUTICAL ALLOWANCE AMOUNT
Column 1 Item	Column 2 Person’s family situation	Column 3 amount a fortnight
1.	Not member of couple	$5.20
2.	Partnered	$2.60
3.	Member of illness separated couple	$5.20
4.	Member of respite care couple	$5.20
5.	Partnered (partner getting service pension)	$2.60
6.	Partnered (partner in gaol)	$5.20

Note 1: For ‘member of a couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.

(ii)
the intervals between instalments are not more than 6 months;
(iii)
the first instalment is due for payment within 6 months after the loan is made.
“(5)
For the purposes of this point, if the provider makes a deferred interest loan (the ‘principal loan’) to the recipient, the following provisions apply:
(a)
the provider is taken, at the end of:
(i)
the period of 6 months beginning on the day on which the principal loan was made; and
(ii)
each later period of 6 months;
to have made a notional loan to the recipient;
(b)
the amount of the loan is taken to be equal to the amount by which the interest (the ‘accrued interest’) that has accrued on the principal loan in respect of the period is more than any amount paid in relation to the accrued interest before the end of the period;
(c)
if any part of the accrued interest becomes payable, or is paid, after the time when the notional loan is taken to have been made, the notional loan is taken to be reduced accordingly;
(d)
the notional loan is taken to have been made at a nil rate of interest.
“(6)
Paragraph (5)(a) only applies to a period of 6 months if the recipient is under an obligation during the whole of the period to repay the whole or a part of the principal loan.
“(7)
For the purposes of this Part of this MODULE, if no interest is payable in relation to a loan, a nil rate of interest is taken to be payable in relation to the loan.

“Division 2—Exempt loan benefits

“1067E‑K15.
(1) A loan is an exempt loan benefit if:
(a)
the loan is made by a provider that carries on a business that consists of, or includes, making loans to members of the public; and
(b)
the rate of interest payable in respect of the loan:
(i)
is stated in a document in existence at the time the loan is made; and
(ii)
is not less than the rate of interest in respect of a similar arm’s length loan made by the provider, at or about that time, to a member of the public in the ordinary course of carrying on that business; and
(iii)
cannot be varied.
“(2)
A loan is an exempt loan benefit if:
(a)
the loan is made by a provider who carries on a business that consists of, or includes, making loans to members of the public; and
(b)
the interest rate payable from time to time for the loan is not less than the rate applicable to a comparable arm’s length loan made by the provider to another person in the ordinary course of carrying on that business.
“(3)
A loan is an exempt loan benefit if:
(a)
the loan consists of an advance to a recipient by a provider who is an employer of the recipient; and
(b)
the sole purpose of the making of the loan is to enable the recipient to meet the expenses incurred by the recipient:
(i)
in the course of performing the duties of that employment; and
(ii)
not later than 6 months after the loan is made; and
(c)
the amount of the loan is not substantially greater than the amount of those expenses that could reasonably be expected to be incurred by the recipient; and
(d)
the recipient is required:
(i)
to account to the employer, not later than 6 months after the loan is made, for expenses met from the loan; and
(ii)
to repay (whether by set‑off or otherwise) any amount not so accounted for.
“(4)
A loan is an exempt loan benefit if:
(a)
the loan consists of an advance to a recipient by a provider who is an employer of the recipient; and
(b)
the sole purpose of the making of the loan is to enable the recipient to pay any of the following amounts payable by the recipient in respect of accommodation:
(i)
a rental bond;
(ii)
a security deposit in respect of electricity, gas or telephone services;
(iii)
any similar amount; and
(c)
the recipient is required to repay (whether by set‑off or otherwise) the loan no later than 12 months after the loan is made.

“Division 3—Value of a loan benefit

Method of valuing loan benefits

“1067E‑K16. (1) The value of a loan benefit is calculated as follows:
Method statement
Step 1.Work out whether the loan is a housing loan or another type of loan.
Note:
For the meaning of ‘housing loan’, see point 1067E‑K17.
Step 2.Work out the notional rate of interest for the loan using subpoint (2).
Step 3.Work out the actual rate of interest for the loan in the relevant fringe benefits year using subpoint (3).
Step 4.Work out whether the actual rate of interest is more than the notional rate of interest.
Step 5.If the actual rate of interest is equal to or more than the notional rate of interest, the value of the loan benefit is nil.
Note:
If the value of the loan benefit is nil, the remainder of this subpoint does not apply.
Step 6.If the actual rate of interest is less than the notional rate of interest, take the actual rate of interest away from the notional rate of interest.
Step 7.Work out the amount of the loan (both the principal and interest) that is outstanding in the relevant fringe benefits year using subpoint (5).
Step 8.Multiply the rate of interest obtained in Step 6 and the amount obtained in Step 7: the result is the interim value of the loan.
Step 9.Work out how many complete weeks in the relevant fringe benefits year the person had, or will have, the loan: the result is the number of allowable weeks.
Step 10.Apply the formula:

Step 11.The amount obtained by applying the formula in Step 10 is the value of the loan benefit.
Note: If the recipient is a member of a couple, the value of the loan benefit is to be halved in certain circumstances (see subpoint (5)).
“(2)
The notional rate of interest for a fringe benefits year is:
(a)
for a housing loan—the rate prescribed for the purposes of this paragraph; and
(b)
for a loan of any other kind—the rate prescribed for the purposes of this paragraph.
“(3)
The actual rate of interest for the loan is:
(a)
if the loan starts after 1 April in the relevant fringe benefits year‑the rate of interest payable under the loan on the day on which the loan starts; and
(b)
in any other case‑the rate of interest payable under the loan on 1 April in the relevant fringe benefits year.
“(4)
The amount of the loan that is outstanding is:
(a)
if the loan starts after 1 April in the relevant fringe benefits year‑the amount outstanding on the day on which the loan starts; and
(b)
in any other case—the amount outstanding on 1 April in the relevant fringe benefits year.
“(5)
if:
(a)
the recipient is a member of a couple; and
(b)
the recipient’s partner receives a loan benefit in the relevant fringe benefits year; and
(c)
the recipient’s, and the recipient’s partner’s, loan benefits relate to the same loan;
the value of the loan benefit obtained in Step 11 in subpoint (1) is halved.

What is a housing loan?

“1067E‑K17.
A loan is taken to be a housing loan if:
(a)
the loan is made to, or used by, a recipient (whether in his or her own right or jointly with his or her partner) wholly:
(i)
to enable the recipient to acquire a relevant interest in land on which a dwelling or a building containing a dwelling is to be constructed; or
Note: For the meaning of ‘relevant interest’, see point 1067E‑K18.
(ii)
to enable the recipient to acquire a relevant interest in land and construct, or complete the construction of, a dwelling or a building containing a dwelling on the land; or
(iii)
to enable the recipient to construct, or complete the construction of, a dwelling or a building containing a dwelling on land in which the recipient held a relevant interest; or
(iv)
to enable the recipient to acquire a relevant interest in land on which there was a dwelling or a building containing a dwelling; or
(v)
to enable the recipient to acquire a relevant interest in a stratum unit in relation to a dwelling; or
(vi)
to enable the recipient to extend a building that is a dwelling or contains a dwelling, and is constructed on land in which the recipient held a relevant interest, by adding a room, or part of a room, to the building or the part of the building containing the dwelling, as the case may be; or
(vii)
if the recipient held a relevant interest in a stratum unit in relation to a dwelling‑to enable the recipient to extend the dwelling by adding a room or part of a room to the dwelling; or
(viii)
to enable the recipient to repay a loan that was made to, and used by, the recipient wholly for a purpose mentioned in subparagraphs (i) to (vii); and
(b)
when the loan was made, the dwelling was used, or proposed to be used, as the recipient’s usual place of residence.

What is a relevant interest?

“1067E‑K18.
(1) For the purposes of point 1067E‑K17, an interest described in a following provision of this point is a relevant interest.
“(2)
If:
(a)
a person; or
(b)
2 or more persons as joint tenants or tenants in common;
acquire, hold or held an estate in fee simple in land or in a stratum unit, the person or those persons are taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit.
“(3)
If:
(a)
a person acquires, holds or held an interest in land or in a stratum unit as lessee or licensee under a lease, or licence; and
(b)
the lease or licence gives or gave reasonable security of tenure to the lessee or licensee for a period of, or for periods totalling, 10 years or more;
the person is taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit, as the case requires.
“(4)
If:
(a)
a person acquires, holds or held an interest in land or in a stratum unit as purchaser of an estate in fee simple in the land or in the stratum unit under an agreement; and
(b)
the agreement provides or provided for payment of the purchase price, or a part of the purchase price, to be made at a future time or by instalments;
the person is taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit, as the case requires.
“(5)
If:
(a)
a person acquires, holds or held an interest in land or in a stratum unit as purchaser of a right to be granted a lease of the land or of the stratum unit under an agreement; and
(b)
the agreement provides or provided for payment of the purchase price, or it part of the purchase price, for the lease to be made at a future time or by instalments; and
(c)
the Secretary is satisfied that the lease will give reasonable security of tenure to the lessee for a period of, or for periods totalling, 10 years or more;
the person is taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit, its the case requires.
“(6)
If:
(a)
2 or more persons acquire, hold or held an interest referred to in paragraph (3)(a), (4)(a) or (5)(a) in land or in stratum unit as joint tenants or tenants in common; and
(b)
paragraph (3)(b) or (4)(b) or paragraphs (5)(b) and (c) are satisfied;
those persons are taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit, as the case requires.

“Part 6—School fees benefits

“Division 1—What is a school fees benefit?

Definition

“1067E‑K19.
In this Part of this MODULE, unless the contrary intention appears:
school means a school, college or other educational institution that provides primary or secondary level education.

School fees benefits

“1067E‑K20.

(1) If:

(a)
a person pays an amount, whether directly or indirectly, to a school; and
(b)
the person is the employer, or an associate of the employer, of a recipient; and
(c)
the amount is for fees for:
(i)
tuition at primary or secondary level provided by the school; or
(ii)
books or equipment provided by the school in relation to that tuition; and
(d)
the tuition, books or equipment is provided to a dependant of the recipient or of the recipient’s partner;
the payment is taken to be a school fees benefit provided by the person to the recipient.
“(2)
For the purposes of this point, if:
(a)
a school is providing tuition at primary or secondary level to a dependant of a person; and
(b)
the dependant is boarding at the school;
the fees that are payable for the dependant to board at the school are taken to be fees for the tuition provided by the school to the dependant.

“Division 2—Value of a school fees benefit

Value of school fees benefits

“1067E‑K21.
The value of a school fees benefit is the amount of the payment that constitutes the school fees benefit.”.

Schedule 3Amendments of Acts other than the Social Security Act 1991

Section 10

Bankruptcy Act 1966

Section 139L (definition of income)

Omit all the words after paragraph (f), substitute:
but does not include:
(g)
an amount that is not income for the purposes of the Social Security Act 1991 because of subsection 8(8) of that Act (other than paragraph (a), (b), (h), (ha), (j), (k), (ka), (m), (z), (za) or (zb) of that subsection); or
(h)
an amount that is not income for the purposes of Part 8 of the Student and Youth Assistance Act 1973 because of subsection 8(8) of the Social Security Act 1991 (other than paragraph (a), (b), (h), (ha), (j), (k), (ka), (m), (z), (za) or (zb) of that subsection) as that subsection has effect for the purposes of that Part because of section 57 of the Student and Youth Assistance Act 1973.

Childcare Rebate Act 1993

Subsection 29(2)

Omit the note at the end of the subsection.

Section 29

Add at the end of the section:
(3)
For the purposes of paragraph (1)(d), a person is also registered in an allowance category if the person is registered in it category approved under subsection 58(2) of the Student and Youth Assistance Act 1973 for the purposes of Part 8 of that Act its being unemployed.
Note: The Commonwealth Employment Service registers the unemployed in various categories. The categories relevant here are the categories that are relevant for the purposes of receiving a job search allowance or a newstart allowance under the Social Security Act 1991 or a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973.

Data‑matching Program (Assistance and Tax) Act 1990

Section 3 (definition of personal assistance)

After paragraph (d) insert:
(da)
any youth training allowance given under Part 8 of the Student and Youth Assistance Act 1973;

Disability Services Act 1986

5
Subsection 22(4) (definition of pensioner or beneficiary)
After paragraph (c) insert:
(ca)
is receiving a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973;

Employment Services Act 1994

[The section and subsection numbers of the Employment Services Act referred to below are the numbers as contained in the Employment Services Bill 1994 as introduced in the House of Representatives and amended in that House before being renumbered for the purposes of the third reading print]

Section 24

(a)
After “1991 insert “and section 114 of the Student and Youth Assistance Act 1973”.
(b)
Omit from the Note “or newstart allowance”, substitute “, newstart allowance or youth training allowance”.

Section 26A

(a)
After “1991”, insert “and section 114 of the Student and Youth Assistance Act 1973
(b)
Omit from the Note “or newstart allowance”, substitute “, newstart allowance or youth training allowance”.

Subsection 29(2)

Add at the end “or his or her qualification for youth training allowance under Part 8 of the Student and Youth Assistance Act 1973”.

Paragraph 32(1)(e)

After, “1991”, insert “or in return for payment of youth training allowance under Part 8 of the Student and Youth Assistance Act 1973”.

Paragraph 32(9)(a)

After “1991”, insert “or a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973”.

Paragraph 32(9)(b)

Omit the paragraph, substitute:
(b)
throughout the period of 18 months ending at that time, the person received:
(i)
a job search allowance, or newstart allowance, under the Social Security Act 1991; or
(ii)
a youth training allowance under Part 8, of the Student and Youth Assistance Act,1973.

Subsection 32(9A)

Omit the subsection, substitute:

Gaps in receipt of job search allowance, newstart allowance or youth training allowance

(9A)
For the purposes of paragraph (9)(b), if:
(a)
a person is in receipt of:
(i)
job search allowance, or newstart allowance, under the Social Security Act 1991; or
(ii)
youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; and
(b)
one of the following occurs:
(i)
the person ceases for a period of not longer than 6 weeks to be in receipt of job search allowance; or
(ii)
the person ceases for a period of not longer than 13 weeks to be in receipt of newstart allowance; or
(iii)
the person ceases for a period of not longer than 6 weeks to be in receipt of youth training allowance; and
(c)
at the end of that period, the person begins to receive such an allowance;
the person is taken to have been in receipt of such an allowance throughout that period.

Paragraph 32A(1)(a)

Omit “either”, substitute “one”.

Subparagraph 32A(1)(a)(ii)

Omit the subparagraph, substitute:
(ii)
a newstart allowance under the Social Security Act l991; or
(iii)
a youth training allowance under the Student and Youth Assistance Act 1973; and

Subsection 32A(2)

Omit the subsection, substitute:

Maximum basic rate

(2)
For the purposes of subparagraph (1)(b)(ii), a person’s maximum basic rate is:
(a)
if the person had been receiving job search allowance‑the person’s maximum basic rate worked out under Module B of Benefit Rate Calculator A (within the meaning of the Social Security Act 1991); or
(b)
if the person had been receiving newstart allowance—the person’s maximum basic rate worked out under Module B of Benefit Rate Calculator B (within the meaning of the Social Security Act 1991); or
(c)
if the person had been receiving youth training allowance‑the person’s maximum basic rate worked out under Module B of Schedule 1 to the Student and Youth Assistance Act 1973.

Subparagraphs 32A(3)(b)(iv) and (c)(iv)

Omit the subparagraphs, substitute:
(iv)
a Newstart Activity Agreement; or
(v)
a Youth Training Activity Agreement;

Subsection 32A(6)

Add at the end:
Youth Training Activity Agreement has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.

Paragraphs 32B(1)(a) and (2)(a)

Omit “either”, substitute “one”.

Subparagraphs 32B(1)(a)(ii) and (2)(a)(ii)

Omit the subparagraphs, substitute:
(ii)
a newstart allowance under the Social Security Act 1991;
(iii)
a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; and

Subsection 32B(3)

Omit the subsection, substitute:

Maximum basic rate

(3)
For the purposes of this section, a person’s maximum basic rate is:
(a)
if the person had been receiving job search allowance‑the person’s maximum basic rate worked out under Module B of Benefit Rate Calculator A (within the meaning of the Social Security Act 1991); or
(b)
if the person had been receiving newstart allowance‑the person’s maximum basic rate worked out under Module B of Benefit Rate Calculator B (within the meaning of the Social Security Act 1991); or
(c)
if the person had been receiving Youth training allowance‑the person’s maximum basic rate worked out under Module B of Schedule 1 to the Student and Youth Assistance Act l973.

Subparagraphs 32B(4)(b)(iv) and (c)(iv)

Omit the subparagraphs, substitute:
(iv)
a Newstart Activity Agreement; or
(v)
a Youth Training Activity Agreement;

Subsection 32B(6)

Add at the end:
Youth Training Activity Agreement has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.

Subsection 33(2)

Omit the note, substitute:
Note: The effect of sections 513 and 593 of the Social Security Act 1991 and section 65 of the Student and Youth Assistance Act 1973 is that, as a general rule, a person is not qualified for job search allowance, newstart allowance or youth training allowance unless the person satisfies the activity test.

Subsections 35(3) and (3A)

Omit the subsections, substitute:

Job Search Activity Agreement, Newstart Activity Agreement and Youth Training Activity Agreement superseded

(3)
If:
(a)
the person was a party to a Job Search Activity Agreement, a Newstart Activity Agreement or a Youth Training Activity Agreement that was in force immediately before the beginning of the person’s case management period; and
(b)
the person enters into a Case Management Activity Agreement with a case manager;
the Job Search Activity Agreement, Newstart Activity Agreement or Youth Training Activity Agreement, as the case requires, ceases to be in force immediately before the Case Management Activity Agreement comes into force.

Participant not to be required to enter into a Job Search Activity Agreement, Newstart Activity Agreement or Youth Training Activity Agreement

(3A)
The person is not to be required to enter into a Job Search Activity Agreement, a Newstart Activity Agreement or a Youth Training Activity Agreement during the person’s case management period.

Subsection 35(4)

Omit all the words before paragraph (a), substitute “The person is not qualified for a job search allowance, a new start allowance or a youth training allowance in respect of a period unless (in addition to meeting any other requirements set out in the Social Security Act 1991 or Part 8 of the Student and Youth Assistance Act 1973, as the case may be):

After subsection 35(5)

Insert:

Modification of power to treat person as unemployed for the purposes of Part 8 of the Student and Youth Assistance Act 1973

(5A)
During the person’s case management period, section 68 of the Student and Youth Assistance Act 1973 has effect, in relation to the person, as if a reference in that section to a Youth Training Activity Agreement were a reference to a Case Management Activity Agreement.

After subsection 35(6)

Insert:

Modification of activity test requirements under Part 8 of the Student and Youth Assistance Act 1973

(6A)
During the person’s case management period, section 75 of the Student and Youth Assistance Act l973 has effect, in relation to the person, as if a reference in that section to a Youth Training Activity Agreement between the Commonwealth Employment Service and the person were a reference to a Case Management Activity Agreement between a case manager and the person.

After subsection 35(7)

Insert:

Modification of rules in Part 8 of the Student and Youth Assistance Act 1973 relating to failure to enter into, or to comply with, agreements

(7A)
During the person’s case management period, sections 104 and 105 of the Student and Youth Assistance Act 1973 have effect, in relation to the person as if a reference in those sections to a Youth Training Activity Agreement were a reference to a Case Management Activity Agreement.

Subsection 35(9)

Omit the subsection, substitute:

This section has effect despite the Social Security Act 1991 and Part 8 of the Student and Youth Assistance Act 1973

(9)
This section has effect despite anything in the Social Security Act 1991 and Part 8 of the Student and Youth Assistance Act l973.

Subsection 35(10)

Add at the end:
youth training allowance has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.
Youth Training Activity Agreement has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.

Subsection 36(2)

Omit the subsection, substitute:

Notification requirements—allowees under the Social Security Act 1991 and recipients of youth training allowance

(2)
If a person is an allowee (within the meaning of Part 2.11 or 2.12 of the Social Security Act 1991) or a recipient of youth training allowance under Part 8 of the Student and Youth Assistance Act 1973, the person must notify the Employment Secretary of any circumstances preventing or affecting the person’s compliance with the agreement

Subsection 36(5)

After “1991”, insert “and section 114 of the Student and Youth Assistance Act l973”.

Subsection 36(5) (Note)

Omit “or newstart allowance”, substitute “, newstart allowance or youth training allowance”.

Paragraphs 135A(2)(c), (d) and (e)

Omit the paragraphs, substitute:
(c)
payment of job search allowance, newstart allowance or youth training allowance, as the case requires; is to be made pending the determination of the review, as if the Case Management Activity Agreement had not been required;
(d)
if payments of the allowance had ceased for a period before the person applied for the review—arrears of allowance are payable to the person for the period despite section 589 or 660L of the Social Security Act 1991 or section 167 of the Student and Youth Assistance Act 1973;
(e)
this Act, the Social Security Act 1991 and Part 8 of the Student and Youth Assistance Act 1973 apply as if the Case Management Activity Agreement had not been required.

Subsection 135A(4)

Add at the end:
youth training allowance has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.

Paragraphs 139B(2)(c), (d) and (e)

Omit the subparagraphs, substitute:
(c)
payment of job search allowance, newstart allowance or youth training allowance, as the case requires, is to be made pending the determination of the review, as if the Case Management Activity Agreement had not been required;
(d)
if payment of the allowance had ceased for a period before the person applied for the review—despite section 589 or 660L of the Social Security Act 1991 or section 167 of the Student and Youth Assistance Act 1973, arrears of allowance are payable, to the person for the period;
(e)
this Act, the Social Security Act 1991 and Part 8 of the Student and Youth Assistance Act 1973 apply as if the Case Management Activity Agreement had not been required.

Subsection 139B(4)

Add at the end:
youth training allowance has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.

Farm Household Support Act 1992

Subsection 3(2)

Insert:
youth training allowance means a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973.

Subsection 5(2)

After “paid”, insert “youth training allowance,”.

Paragraph 8(2)(b)

After “paid”, insert “youth training allowance,”.

Subsections 12(1) and (2)

After “receiving”, insert “a youth training allowance,”.

After section 21

Insert:

Maximum fortnightly rate for person under 18—how worked out

21A
(1) The maximum fortnightly rate at which farm household support may be paid to a person who is under 18 years of age is:
(a)
if the person is not a member of a couple—the fortnightly rate at which youth training allowance would be payable to the person if the person were entitled to receive youth training allowance; or
(b)
if the person is a member of a couple—the fortnightly rate at which youth training allowance would be payable to the person if the person were entitled to receive youth training allowance plus the fortnightly rate at which partner allowance would be payable to the person’s partner if the partner were entitled to receive partner allowance.
(2)
For the purposes of calculating a rate referred to in subsection (1), the value of assets that are exempt assets for the purposes of this Act is to be disregarded.

Subsection 22(1)

After “person” (first occurring), insert “who is over 18 years of age”.

Subsection 43(1)

Omit the subsection, substitute:
(1)
If a person is receiving farm household support and:
(a)
a youth training allowance, a social security benefit, a social security pension or a service pension becomes payable to the person; or
(b)
youth training allowance, job search allowance or newstart allowance becomes payable to the person’s partner;
farm household support ceases to be payable to the person immediately before the day on which:
(c)
the allowance, pension or benefit becomes payable to the person; or
(d)
youth training allowance, job search allowance or newstart allowance becomes payable to the person’s partner.

Subsection 52(1)

Omit the subsection, substitute:
(1)
If the person sold his or her farm within the grant period in relation to the person, subsections (1A), (1B) and (1C) apply.
(1A)
The total amount of farm household support paid to the person is converted into a grant and the person is not liable to repay any instalments of farm household support.
(1B)
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 reached the age of 18 years at the time of the sale, the person is entitled to a grant equal to the amount of job search allowance that would be payable to the person in respect of the period (the ‘qualifying period’) from the time of the sale to the end of the period of 9 months if, under the Social Security Act 1991:
(a)
the person were entitled to receive job search allowance for the qualifying period; and
(b)
job search allowance were payable to the person at the rate that would be the person’s maximum payment rate at the beginning of the qualifying period.
Note: For the person’s maximum payment rate, see MODULE A of the Benefit Rate Calculator applicable to the person under section 559 of the Social Security Act 1991.
(1C)
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 18 years at the time of the sale:
(a)
the person is entitled to a grant equal to the amount of youth training 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 18 years, whichever first happens, if, under Part 8 of the Student and Youth Assistance Act 1973:
(i)
the person were entitled to receive youth training allowance for the youth qualifying period; and
(ii)
youth training 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
Note: For the person’s maximum payment rate, see MODULE A in Schedule 1 to the Student and Youth Assistance Act 1973.
(b)
if the person reaches the age of 18 years before the end of the period of 9 months, the person is entitled to a grant equal to the amount of job search allowance that would be payable to the person in respect of the period (the ‘post‑18 period’) from the time when the person reached that age until the end of the period of 9 months if, under the Social Security Act 1991:
(i)
the person were entitled to receive job search allowance for the post‑18 period; and
(ii)
job search allowance were payable to the person at the rate that would be the person’s maximum payment rate at the beginning of the post‑18 period.
Note: For the person’s maximum payment rate, see MODULE A of the Benefit Rate Calculator applicable to the person under section 559 of the Social Security Act 1991.

Health Insurance Act 1973

46
Subsection 3(1) (definition of DSS benefit dependant)
After “1991,”, insert “or a recipient of a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973,”.

Section 4D

After subsection (1), insert:
(1A)
This section also applies to a person who is in receipt of a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973.
48
Subsection 41(3) (definition of qualified recipient)
After paragraph (a), insert:
(aa)
a youth training allowance within the meaning of Part 8 of the Student and Youth Assistance Act 1973; or

Subsection 5B(12) (definition of dependant)

Omit subparagraphs (a)(i) and (ii), substitute:
(i)
in a case where the person is receiving youth training allowance under Part 8 of the Student and Youth Assistance Act 1973 or unemployment benefit or job search allowance under the Social Security Act 1991—is a DSS benefit dependant of the person; or
(ii)
in any other case‑would be a DSS benefit dependant of the person if the person were receiving youth training allowance, unemployment benefit or job search allowance referred to in subparagraph (i); or

Subsection 5B(12) (definition of income)

(a)
After “Social Security Act 1991” (first occurring), insert “or Part 8 of the Student and Youth Assistance Act l973”.
(b)
After paragraph (a), insert:
“(aa)
a youth training allowance within the meaning of Part 8 of the Student and Youth Assistance Act 1973;”.

Paragraph 51(1)(a)

After “granted”, insert “a youth training allowance,”.

Paragraph 51(1A)(b)

After “pay”, insert “a youth training allowance,”.

Subsection 51(8)

Insert:
youth training allowance means youth training allowance under Part 8 of the Student and Youth Assistance Act 1973.

Section 130H

After “1991 “, insert “and sections 351 to 360 of the Student and Youth Assistance Act 1973”.

Income Tax Assessment Act 1936

Subsection 16(4)

After paragraph (e), insert:
(ea)
the Secretary to the Department of Employment, Education and Training for the purpose of the administration of any law of the Commonwealth relating to pensions, allowances or benefits;

Heading to Division 1AA of Part III

After “199 1”, insert “, Part 8 of the Student and Youth Assistance Act 1973”.

Section 24AAA

After:

“Payments under the Social Security Act 1991

Subdivision B

24AB‑24ABZB”

insert:

“Payments under part 8 of the Student and Youth Assistance Act 1973

Subdivision BA

24AB‑24ABZF”.

58
After Subdivision B of Division 1AA of Part III
Insert:

“Subdivision BA—Exemption from income tax‑payments of youth training allowance under Part 8 of the Student and Youth Assistance Act 1973

Interpretation

“24ABZE.
(1) For the purpose of applying this Subdivision to a payment, of youth training allowance derived by a taxpayer, the supplementary amounts are:
(a)
so much of the payment as was included in the payment because the taxpayer or the partner of the taxpayer paid rent; and
(b)
so much of the payment as was included in the payment by way of remote area allowance.
“(2)
A reference in subsection (1) to a partner or other person includes a reference to a dead partner or a dead other person.
“(3)
Expressions used in this Subdivision that are also used in Part 8 of the Student and Youth Assistance Act l973 have the same meanings as in that Part.
“(4)
Expressions used in a section of this Subdivision that relates to payments under a particular provision of Part 8 of the Student and Youth Assistance Act 1973 that are also used in that provision have the same meanings as in that provision.

Youth training allowance

“24ABZF.
(1) The treatment of payments of youth training allowance under Part 8 of the Student and Youth Assistance Act 1973 is as follows:
(a)
the supplementary amount is exempt;
(b)
the balance is not exempt.
“(2)
Payments under section 169 of the Student and Youth Assistance Act 1973 (which deal with bereavement payments) are exempt.
“(3)
If a taxpayer derives a payment under section 170 of the Student and Youth Assistance Act 1973:
(a)
so much of the sum of that payment and other payments under Part 8 of the Student and Youth Assistance Act 1973 derived by the taxpayer during the bereavement lump sum period as is not more than the tax‑free amount calculated in accordance with subsection (5) is exempt; and
(b)
the balance of the sum is not exempt.
“(4)
If:
(a)
a taxpayer’s partner died; and
(b)
the taxpayer would have been qualified for payments under Division 10 of Part 8 of the Student and Youth Assistance Act 1973 apart from paragraph 168(1)(f) of that Act (taxpayer’s allowance increased on partner’s death to such an extent that no bereavement payments); and
(c)
the taxpayer derives payments of youth training allowance during the bereavement period; then those payments are not treated under subsection (1) but are treated as follows:
(d)
the supplementary amounts are exempt;
(e)
so much of the balance as is more than what would have been the balance (payments less supplementary amounts) if the partner had not died is exempt;
(f)
the rest of the balance is not exempt.
“(5)
The tax‑free amount referred to in paragraph (3)(a) is worked out as follows:
Method statement
Step 1.Work out the amount of payments under Part 8 of the Student and Youth Assistance Act 1973 that would have been derived by the taxpayer during the bereavement lump sum period and would have been exempt if:
(a)
the partner had not died; and
(b)
if immediately before the partner’s death the couple were an illness separated couple or a respite care couple‑they were not such a couple;
the result is called the notional exempt amount for the taxpayer.
Step 2.Work out the amount of payments (if any) under Part 8 of the Student and Youth Assistance Act 1973 or the Social Security Act 1991 that would have been derived by the partner during the bereavement lump sum period if the partner had not died: the result is called the notional amount for the partner.
Step 3.Add up the notional exempt amount for the taxpayer and the notional amount for the partner: the result is the tax‑free amount.”.
59
Subsection 79A(4) (definition of prescribed allowance)
After “1991”, insert “, Part 8 of the Student and Youth Assistance Act 1973”.
60
Subsection 160AAA(1) (definition of rebateable benefit)
Omit paragraph (b), substitute:
(b)
paid by way of a benefit under Part 8 of the Student and Youth Assistance Act 1973; or

Subsection 202CB(6)

After paragraph (a), insert:
(aa)
by a person who is an applicant for a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; or

Subsection 202CE(7)

After paragraph (a), insert:
(aa)
by a person who is an applicant for a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; or

National Health Act 1953

63
Subsection 4(1) (definition of social security beneficiary)
After paragraph (a), insert:
(aa)
a person who is in receipt of a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; or
64
Subsection 84(1) (definition of concessional beneficiary)
After paragraph (ad), insert:
(ae)
a person to whom or in respect of whom there is being paid a youth training allowance under Part 8 of the Student and Youth Assistance Act l973; or

Registration of Deaths Abroad Act 1984

65
Subsection 3(1) (definition of prescribed person)
(a)
Insert “or” at the end of paragraphs (a) and (b).
(b)
After paragraph (c), insert:
“(ca)
is in receipt of a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973; or”.

Veterans’ Entitlements Act 1986

Section 5

Insert at the end of the index:

“youth training allowance

5Q(1)”.

Paragraph 5E(5)(b)

Add at the end:
(iv)
is not receiving a youth training allowance; and

Paragraph 5E(5)(c)

Insert after subparagraph (ii):
(iia)
a youth training allowance; or

Paragraph 5E(5)(e)

Add at the end “or a youth training allowance”.

Subsection 5F(1) (definition of child)

Add at the end “or if the person is receiving a youth training allowance”.

Subsection 5H(8)

After paragraph (h), insert:
(ha)
a payment under Part 8 of the Student and Youth Assistance Act 1973;

Subsection 5Q(1)

Insert:
youth training allowance means a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973.
73
Subsection 5Q(1) (definition of education leavers waiting period)
(a)
Add at the end of paragraph (c) “or”.
(b)
Add at the end of the definition:
“(d)
an education leavers waiting period under section 98 of the Student and Youth Assistance Act 1973;”.

NOTE ABOUT SECTION AND SUBSECTION HEADINGS

On the commencement of this Act:
(a)
the heading to subsection 32(9)of the Employment Services Act 1994 is altered by omitting “or newstart allowance” and substituting “, newstart allowance or youth training allowance”;
(b)
the heading to section 35 of the Employment Services Act 1994 is altered by omitting “and Newstart Activity Agreements” and substituting “, Newstart Activity Agreements and Youth Training Activity Agreements”;
(c)
the heading to section 135A of the Employment Services Act 1994 is altered by omitting “or newstart allowance” and substituting “‘, newstart allowance or youth training allowance”;
(d)
the heading to section 22 of the Farm Household Support Act 1992 is altered by inserting “for person over 18” after “rate”.