EXPLANATORY STATEMENT
ADVANCE PAYMENT OF ENTITLEMENT (WAIVER OF WAITING PERIOD) DETERMINATION (NO.1) 1998
Issued by the authority of the Secretary to the Department of Social Security
Summary
This determination is made under subsection 1061A(2) of the Social Security Act 1991 (the Social Security Act), which was inserted by Schedule 9 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998.
The purpose of this determination is to exempt from the 3 month waiting period for an advance payment of a social security entitlement, certain persons undertaking study.
Background
Paragraph 1061A(l)(b) of the Social Security Act provides that for a person to qualify for an advance payment of a social security entitlement, the person must be in receipt of an income support payment for a period of at least 3 months immediately before applying for the advance payment. New subsection 1061A(2) provides that the Secretary may determine that the 3 month period does not apply to people who receive youth allowance or austudy payment.
Explanation of provisions
Section 1 cites the name of the instrument and section 2 states that the determination commences on 1 July 1998.
Section 5 provides that paragraph 1061A(l)(b) of the Social Security Act does not apply to a person who has applied for an advance payment of austudy payment if the person is receiving austudy payment. Similarly, a person who is receiving youth allowance and is undertaking, or about to undertake, an approved course of education or training, is also exempt from the 3 month waiting period. This exemption will help students to deal with costs related to their studies.
Section 3 provides that an approved course of education or training has the meaning given by subsection 541B(5) of the Act. The Act is also defined to mean the Social Security Act 1991.
Overview
The Advance Payment of Entitlement (Waiver of Waiting Period) Determination (No. 1) 1998 was issued under the authority of the Secretary to the Department of Social Security and aims to address a specific gap in the Social Security Act 1991. This gap was identified as the 3-month waiting period required for an advance payment of a social security entitlement, which posed a challenge for students undertaking approved courses of education or training. Enacted by the Parliament of Australia, this determination seeks to provide financial relief to eligible students by exempting them from this waiting period. The policy objective is to alleviate the financial burden on students by enabling them to access an advance payment of their austudy payment or youth allowance without the need to wait for the standard 3-month period. This initiative was implemented to better support students in managing the costs associated with their studies.
Scope and Application
The Advance Payment of Entitlement (Waiver of Waiting Period) Determination (No.1) 1998 applies to individuals who are receiving austudy payment or youth allowance and who are undertaking or about to undertake an approved course of education or training. This determination, made under the Social Security Act 1991, exempts eligible students from the usual three-month waiting period required before they can apply for an advance payment of their social security entitlement. This exemption is intended to assist students in managing the financial costs associated with their education. The determination outlines that the exemption applies to the specific provisions of the Social Security Act, ensuring that the three-month requirement does not apply to those who meet the specified criteria. The scope of this legislation is geographically confined to the Commonwealth level, as it is an instrument issued by the Secretary to the Department of Social Security under federal law. The determination does not include any explicit exclusions or exemptions beyond those specified, and its application is restricted to the conditions outlined within the Social Security Act.
Key Provisions
The main operative sections of this determination are sections 5, which outlines the exemption from the 3-month waiting period for certain students applying for an advance payment of a social security entitlement, and section 3, which defines the term "approved course of education or training" as per subsection 541B(5) of the Social Security Act 1991 (referred to as the "Act"). Section 5 specifies that students who are receiving austudy payment or youth allowance and are enrolled in or about to commence an approved course of education or training are exempt from the 3-month waiting period before they can apply for an advance payment of their entitlement (sections 5 and 1061A(2)). Section 2 states that the determination commences on 1 July 1998.
The Act imposes certain obligations on the students who wish to avail themselves of this exemption. Firstly, they must be receiving either an austudy payment or a youth allowance. Secondly, they must be enrolled in, or about to commence, an approved course of education or training. An approved course of education or training is defined by subsection 541B(5) of the Act, which the determination refers to in section 3. The Act also clarifies that it refers to the Social Security Act 1991. These conditions must be met for the exemption to apply.
There are no specific offences or penalties mentioned in this determination. However, if a student does not meet the criteria for exemption and falsely claims an exemption, this could potentially lead to civil or criminal consequences under the Social Security Act 1991 or other relevant legislation. The penalties for such offences would depend on the nature and severity of the offence, as well as the applicable laws. It is important to note that the determination itself does not stipulate any specific penalties, but rather, the penalties would be determined by the relevant legislation and the circumstances of the case.