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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social
Security Legislation Amendment (Youth Allowance Consequential and Related
Measures) Bill 1998
No. ,
1998
(Social
Security)
A Bill for an Act to amend the
Social Security Act 1991, and for related purposes
9801120—ISBN 0644 516410
Contents
Part 1—Amendments commencing after youth allowance and austudy
payment provisions commence and the Budget Measures Act has been assented
to 0644516410.html
Part 2—Other amendments commencing on 1 July 1998 after certain
provisions of the Budget Measures
Act 0644516410.html
Part 3—Amendment commencing on 20 September
1998 0644516410.html
Part 4—Amendments commencing on 1 July 1999 after some provisions of
the Budget Measures Act 0644516410.html
Part 1—Amendment of the Social Security Act
1991 0644516410.html
Part 2—Consequential amendments of other
Acts 0644516410.html
Data-matching Program (Assistance and Tax) Act
1990 0644516410.html
Veterans’ Entitlements Act
1986 0644516410.html
Part 1—Amendments relating to
definitions 0644516410.html
Part 2—Amendments relating to newstart
allowance 0644516410.html
Part 3—Amendments relating to sickness
allowance 0644516410.html
Part 4—Amendments relating to family
allowance 0644516410.html
Part 5—Amendments relating to family tax
payments 0644516410.html
Part 6—Amendments relating to education leaver’s waiting
period 0644516410.html
Part 7—Amendments relating to education entry payments and employment
entry payments 0644516410.html
Part 8—Amendments relating to incorrect or inappropriate
claims 0644516410.html
Part 9—Amendments relating to claims made by telephone, facsimile or
computer 0644516410.html
Part 10—Amendments relating to multiple entitlement exclusion
provisions 0644516410.html
Part 11—Amendments relating to automatic termination
provisions 0644516410.html
Part 12—Amendments relating to automatic rate reduction
provisions 0644516410.html
Part 13—Amendments relating to mobility
allowance 0644516410.html
Part 14—Amendments relating to special
benefit 0644516410.html
Part 15—Amendments relating to exclusion from assets
test 0644516410.html
Part 16—Amendments relating to the value of the assets of members of
couples 0644516410.html
Part 17—Amendments relating to partner
allowance 0644516410.html
Part 18—Amendments relating to parenting
payment 0644516410.html
Part 19—Amendments relating to advance
payments 0644516410.html
Part 20—Amendments relating to overpayment and debt
recovery 0644516410.html
Part 21—Amendments relating to compensation
recovery 0644516410.html
Part 22—Amendments relating to the review of
decisions 0644516410.html
Part 23—Miscellaneous
amendments 0644516410.html
Part 1—Amendment of the Student and Youth Assistance Act
1973 0644516410.html
Part 2—Transitional
provisions 0644516410.html
Income Tax Assessment Act
1936 0644516410.html
Income Tax Assessment Act
1997 0644516410.html
Taxation (Interest on Overpayments and Early Payments) Act
1983 0644516410.html
Aged Care Act
1997 0644516410.html
Bankruptcy Act
1966 0644516410.html
Child Care Payments Act
1997 0644516410.html
Data-matching Program (Assistance and Tax) Act
1990 0644516410.html
Disability Services Act
1986 0644516410.html
Farm Household Support Act
1992 0644516410.html
Health Insurance Act
1973 0644516410.html
National Health Act
1953 0644516410.html
Registration of Deaths Abroad Act
1984 0644516410.html
Telecommunications Act
1997 0644516410.html
Veterans’ Entitlements Act 1986 0644516410.html
A Bill for an Act to amend the Social Security Act
1991, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security Legislation Amendment
(Youth Allowance Consequential and Related Measures) Act 1998.
(1) Subject
to subsections (2) to (10), this Act commences on 1 July 1998.
(2) Schedule 2 commences on 1 July 1998, immediately after the
commencement of the Social Security Legislation Amendment (Youth Allowance)
Act 1998 (the Youth Allowance Act).
(3) Part 1 of Schedule 3 commences immediately after whichever of the
following events occurs later:
(a) the commencement of the Youth Allowance Act;
(b) the start of the day on which the Social Security Legislation
Amendment (Budget and Other Measures) Act 1998 (the Budget Measures
Act) receives the Royal Assent.
If the 2 events occur at the same time, that Part commences immediately
after the commencement of the Youth Allowance Act.
(4) Despite subsection (3), if the Budget Measures Act receives the Royal
Assent after 1 July 1998, item 2 of Schedule 3 to this Act commences immediately
after the commencement of the Youth Allowance Act.
(5) Part 2 of Schedule 3 commences immediately after the commencement of
items 4, 5, 6 and 11 of Schedule 4 to the Budget Measures Act.
(6) Part 3 of Schedule 3 commences on 20 September 1998, immediately
after the commencement of Schedule 3 to the Budget Measures Act.
(7) Part 4 of Schedule 3 commences on 1 July 1999, immediately after the
commencement of item 1 of Schedule 5 to the Budget Measures Act.
(8) Items 89 to 91 of Schedule 9 commence on the day on which this Act
receives the Royal Assent.
(9) Item 1 of Schedule 10 commences on the day on which this Act receives
the Royal Assent.
(10) Item 71 of Schedule 13 commences on 20 September 1998, immediately
after the commencement of Part 4 of Schedule 1 to the Veterans’ Affairs
Legislation Amendment (Budget and Compensation Measures) Act 1997.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Section 3 (index)
Insert the following entries in their appropriate alphabetical position,
determined on a letter-by-letter basis:
|
higher education institution |
23(1) |
|
TAFE institution |
23(1) |
2 Section 3 (entry relating to living at
home)
After “1067E”, insert “and 1067J”.
3 Section 3 (entry relating to long term income
support student)
After “1067F”, insert “and 1067K”.
4 Subsection 23(1)
Insert:
higher education institution means an institution that is a
higher education institution for the purposes of the Student Assistance Act
1973.
5 Subsection 23(1)
Insert:
TAFE institution means an institution that is a technical and
further education institution for the purposes of the Student Assistance Act
1973.
6 Before Part 2.12
Insert:
Subject to this Subdivision, a person is qualified for an austudy payment
in respect of a period if, throughout the period:
(a) the person satisfies the activity test (see Subdivision B);
and
(b) the person is of austudy age (see Subdivision C); and
(c) the person satisfies the residency requirements that apply to the
person under Subdivision D.
Note: Division 2 sets out situations in which an austudy
payment is not payable even if the person qualifies for it.
If:
(a) a person was receiving a social security pension; and
(b) the person claims an austudy payment within 14 days after the day on
which the last instalment of the person’s pension was paid; and
(c) the person becomes qualified for an austudy payment at some time
during the 14 day period but after the first day of that period;
the person is taken to be qualified for an austudy payment for the whole of
the 14 day period.
General
(1) Subject to subsection (2), a person satisfies the activity test in
respect of a period if the person satisfies the Secretary that, throughout the
period, the person is undertaking qualifying study (see section 569A).
Persons who do not satisfy the activity test
(2) A person cannot be taken to satisfy the activity test if the
person:
(a) is employed on a full-time basis as an apprentice or trainee under an
industrial instrument and has a training agreement (however described) with a
training authority (by whatever name called) of a State or Territory;
or
(b) has completed a course for:
(i) a degree of Master or Doctor at an educational institution;
or
(ii) a qualification at a foreign institution that is, in the
Secretary’s opinion, of the same standing as a degree of Master or Doctor
at an educational institution.
Note: For educational institution see
subsection 23(1).
Industrial instrument
(3) In paragraph (2)(a):
industrial instrument means an award or agreement (however
described) that:
(a) is made under or recognised by a law of the Commonwealth or of a State
or Territory that:
(i) regulates the relationships between employers and employees;
or
(ii) provides for the prevention or settlement of disputes between
employers and employees; and
(b) concerns the relationship between an employer and the employer’s
employees, or provides for the prevention or settlement of a dispute between an
employer and the employer’s employees.
For the purposes of this Part, a person is undertaking qualifying
study if:
(a) the person:
(i) is enrolled in a course of education at an educational institution;
or
(ii) was enrolled in the course and satisfies the Secretary that he or she
intends, and has (since no longer being enrolled) always intended, to re-enrol
in the course when re-enrolments in the course are next accepted; or
(iii) was enrolled in the course and satisfies the Secretary that he or
she intends, and has (since no longer being enrolled) always intended, to enrol
in another course of education (at the same or a different educational
institution) when enrolments in the other course are next accepted;
and
(b) the course in which the person is enrolled, or intends to enrol, is an
approved course of education or study (see section 569B); and
(c) the person is a full-time student or a concessional study-load student
in respect of that course (see sections 569C and 569D); and
(d) the person satisfies the progress rules (see sections 569G and
569H).
For the purposes of paragraph 569A(b), a course is an approved course of
education or study if it is a course that the Employment Minister has
determined, under section 5D of the Student Assistance Act 1973, to be a
secondary course or a tertiary course for the purposes of that Act.
For the purposes of this Subdivision, a person is a full-time
student in respect of a course if:
(a) in the case of a person who is enrolled in the course for a particular
study period (such as, for example, a semester)—the person is undertaking
at least three quarters of the normal amount of full-time study in respect of
the course for that period; or
(b) in the case of a person who intends to enrol in the course for a
particular study period—the person intends to undertake at least three
quarters of the normal amount of full-time study in respect of the course for
that period.
Note: For normal amount of full-time study see
section 569E.
(1) For the purposes of this Subdivision, there are 2 classes of
concessional study-load students, namely:
(a) 25% concessional study-load students; and
(b) 66% concessional study-load students.
(2) For the purposes of this Subdivision, a person is a 25%
concessional study-load student in respect of a course if this
subsection applies to the person and:
(a) in the case of a person who is enrolled in the course for a particular
study period (such as, for example, a semester)—the person is undertaking
at least one quarter, but less than three quarters, of the normal amount of
full-time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a
particular study period—the person intends to undertake at least one
quarter, but less than three quarters, of the normal amount of full-time study
in respect of the course for that period.
(3) For the purposes of this Subdivision, a person is a 66%
concessional study-load student in respect of a course if this
subsection applies to the person and:
(a) in the case of a person who is enrolled in the course for a particular
study period (such as, for example, a semester)—the person is undertaking
at least two thirds, but less than three quarters, of the normal amount of
full-time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a
particular study period—the person intends to undertake at least two
thirds, but less than three quarters, of the normal amount of full-time study in
respect of the course for that period.
Note: For normal amount of full-time study see
section 569E.
(4) Subsection (2) applies to a person if:
(a) an officer in the Commonwealth Rehabilitation Service has stated in
writing that:
(i) the person has a substantial physical disability; and
(ii) the person cannot successfully undertake the normal amount of
full-time study in respect of the course because of the disability; or
(b) a medical practitioner specialising in psychiatry has stated in
writing that:
(i) the person has a substantial psychiatric disability; and
(ii) the person cannot successfully undertake the normal amount of
full-time study in respect of the course because of the disability; or
(c) a psychologist who is registered with the Australian Psychological
Society has stated in writing that the person:
(i) is intellectually disabled; and
(ii) cannot successfully undertake the normal amount of full-time study in
respect of the course because of the disability.
(5) Subsection (3) applies to a person if:
(a) the person cannot undertake the course as a full-time student because
of:
(i) the relevant educational institution’s usual requirements for
the course; or
(ii) a specific direction in writing to the person from the academic
registrar or an equivalent officer; or
(b) the academic registrar (or an equivalent officer) of the relevant
educational institution recommends in writing that the person undertake less
than the normal amount of full-time study in respect of the course for specified
academic or vocational reasons for a period not exceeding half an academic
year.
(1) For the purposes of this Subdivision, the normal amount of
full-time study in respect of a course is:
(a) if the course is a designated course of study within the meaning of
Chapter 4 of the Higher Education Funding Act 1988—the
standard student load determined in respect of the course by the institution in
question under subsection 39(2) of that Act; or
(b) if the course is not such a designated course and the institution
defines an amount of full-time study that a full-time student should typically
undertake in respect of the course—the amount so defined; or
(c) otherwise—an amount of full-time study equivalent to the average
amount of full-time study that a person would have to undertake for the duration
of the course in order to complete the course in the minimum amount of time
needed to complete it.
(2) Without limiting subsection (1), the normal amount of full-time
study in respect of a course is an average, taken over the duration of
the period for which the person in question is enrolled in the course, of 20
contact hours per week.
A person is taken to be undertaking full-time study or a concessional
study-load (as the case may be) in respect of a course during the period (the
relevant period):
(a) starting on the first day of classes in a study period; and
(b) ending on the Friday of the second week of classes in the study
period;
if the person is enrolled in the course and undertakes study in respect of
the course on at least one day in the relevant period.
General rule
(1) Subject to subsection (2), a person enrolled in, or intending to enrol
in, a secondary course satisfies the progress rules for the purposes of
paragraph 569A(d) if, in the Secretary’s opinion, the person is making
satisfactory progress towards completing the course.
Students repeating year 12
(2) A person does not satisfy the progress rules if:
(a) the person is enrolled in a secondary course that is at year 12 level,
or the overall level of which is at year 12 level (see subsections (3) and (4));
and
(b) the person has been a full-time student in respect of a course at that
level (a previous course) in each of 2 previous years;
and
(c) none of the following circumstances apply:
(i) the person failed a previous course because of an illness that had not
been diagnosed when the person began that course;
(ii) the person failed a previous course because of other circumstances
beyond the person’s control that were not apparent when the person began
that course;
(iii) the person failed a previous course because English is not the
person’s native language;
(iv) the person completed or discontinued a previous course within 6
months after the relevant academic year started;
(v) each of the previous courses was undertaken more than 10 years before
the present study.
Course at year 12 level
(3) A secondary course is at year 12 level if the institution in which the
course is undertaken regards it as being at year 12 level.
Overall level of course at year 12 level
(4) The overall level of a secondary course is at year 12 level if the
institution in which the course is undertaken regards at least 50% of the course
as being at year 12 level.
Meaning of secondary course
(5) For the purposes of this section, a course is a secondary course if
the Employment Minister has determined, under section 5D of the Student
Assistance Act 1973, that the course is a secondary course for the purposes
of that Act.
Full-time students
(1) A person who is a full-time student in respect of a tertiary course
satisfies the progress rules if:
(a) in the case of a person who is enrolled in the course—on the day
on which the person enrolled in the course; or
(b) in the case of a person who is not yet enrolled in the course but
intends to enrol in the course—on the day on which enrolments in the
course are next accepted;
the time already spent by the student on the course, or on one or more
other tertiary courses at the same level as that course, does not exceed the
allowable study time for that course.
Note: For allowable study time for a course see subsection
(3).
Concessional study-load students
(2) A person who is a concessional study-load student in respect of a
tertiary course satisfies the progress rules if:
(a) in the case of a person who is enrolled in the course—on the day
on which the person enrolled in the course; or
(b) in the case of a person who is not yet enrolled in the course but
intends to enrol in the course—on the day on which enrolments in the
course are next accepted;
the time already spent by the person on the course, or on one or more other
tertiary courses at the same level as that course, does not exceed the allowable
study time for the course.
Note: For allowable study time for a course see subsections
(3) and (4).
Allowable study time—full-time students and 66% concessional
study-load students
(3) The allowable study time for a course undertaken by a full-time
student or a 66% concessional study-load student is:
(a) if the minimum amount of time needed to complete the course as a
full-time student is one year or less—that minimum amount of time;
or
(b) if the minimum amount of time needed to complete the course as a
full-time student is more than 1 year and:
(i) the student is enrolled, or intends to enrol, in a year-long subject;
or
(ii) the student’s further progress in the course depends on passing
a whole year’s work in the course;
the minimum amount of time plus 1 year; or
(c) in any other case—the minimum amount of time needed to complete
the course as a full-time student plus half an academic year.
Allowable study time—25% concessional study-load
students
(4) The allowable study time for a course undertaken by a 25% concessional
study-load student is twice the minimum period in which it is possible to
complete the course as a full-time student.
Time spent by person studying part-time
(5) If a student has studied part-time for a course over a certain period,
the time spent by the student on that course is taken to be the proportion of
that period calculated by using the formula:
where:
normal full-time study means the normal amount of full-time
study for the course.
study undertaken means the amount of study undertaken
part-time by the student for the course.
Current full-time students who have previously undertaken courses as
concessional study-load students
(6) If:
(a) a person is undertaking a course as a full-time student; and
(b) the person has previously undertaken:
(i) part of the course; or
(ii) one or more than one other course at the same level as that
course;
as a concessional study-load student; and
(c) the time spent by the person undertaking the part of the course
referred to in subparagraph (b)(i), or the course or courses referred to in
subparagraph (b)(ii), (the previous study) is not to be
disregarded under subsection (7);
the time spent by the person undertaking the previous study is taken to be
equal to the minimum amount of time that a full-time student would have taken to
complete the previous study.
Matters to be disregarded in determining whether someone has exceeded
the allowable study time
(7) In determining whether a person has exceeded the allowable study time
(for a full-time student or a concessional study-load student), disregard the
following:
(a) if the person has completed a course (a pre-requisite course) the
completion of which is the normal requirement for admission to the course in
which the person is enrolled or intends to enrol—time spent undertaking
the pre-requisite course;
(b) a failed year of study, or a failed part of a year of study, if the
failure is because of:
(i) the person’s illness; or
(ii) other circumstances beyond the person’s control;
(c) time spent undertaking a course that has been permanently discontinued
because of:
(i) the person’s illness; or
(ii) other circumstances beyond the person’s control;
(d) time spent undertaking a course that has been completed but which,
because of the person’s illness, the person cannot use in any of the
trades or profession to which the course is appropriate;
(e) time spent undertaking a TAFE course if the normal length of the
course for a full-time student is one year or less;
(f) time spent undertaking a course more than 10 years ago, unless the
course has since been completed;
(g) time spent undertaking a course after 1973 if the course was
not:
(i) approved for the Tertiary Education Assistance Scheme; or
(ii) approved for the AUSTUDY scheme; or
(iii) an approved course for the purposes of paragraph 541B(1)(c), 569A(b)
or 1061PB(1)(b) of this Act;
(h) time spent undertaking a course at a foreign institution;
(i) time spent undertaking a subject from which the student withdrew, if
the educational institution in which the subject was undertaken did not record
the withdrawal from the subject as a failure;
(j) any time spent undertaking a course during which the person was
ineligible to receive:
(i) AUSTUDY; or
(ii) a benefit under the Tertiary Education Assistance Scheme;
or
(iii) youth allowance; or
(iv) austudy payment;
because of the application of rules in respect of academic
progress.
Levels of tertiary courses
(8) There are 4 levels of tertiary courses, levels A, B, C and D.
Level A courses
(9) The following are Level A courses:
(a) a postgraduate bachelor degree course, with or without honours;
(b) a graduate or postgraduate diploma course;
(c) a course of practical legal training at a higher education
institution;
(d) a course of advanced education regarded by an accrediting authority as
being at PG1 level;
(e) a graduate certificate course.
Level B courses
(10) The following are Level B courses:
(a) a bachelor degree course (other than a postgraduate course), with or
without honours;
(b) the bachelor level component of a masters degree course with
concurrent bachelor and masters level study;
(c) a diploma course other than:
(i) a graduate or postgraduate diploma course; or
(ii) a course for which an entry requirement is successful completion of
year 10 of secondary studies; or
(iii) a TAFE course;
(d) a Master’s qualifying course;
(e) the Barristers or Solicitors Admission Board’s course;
(f) a course of advanced education regarded by an accrediting authority as
being at UG1 or UG2 level.
Level C courses
(11) The following are Level C courses:
(a) an associate degree course;
(b) an associate diploma course;
(c) a diploma course at a TAFE institution for which an entry requirement
is successful completion of year 12 of secondary studies;
(d) a 2-year undergraduate diploma course.
Level D courses
(12) The following are Level D courses:
(a) a TAFE course at a higher education institution;
(b) a TAFE course, unless the course is in Level A, B or C.
Meaning of tertiary course
(13) For the purposes of this section, a course is a tertiary course if
the Employment Minister has determined, under section 5D of the Student
Assistance Act 1973, that the course is a tertiary course for the purposes
of that Act.
General
(1) Subject to subsection (2), a person is of austudy age for the purposes
of this Part if the person is at least 25 years old.
Study begun before turning 25
(2) Even if the person is at least 25 years old, the person is taken not
to be of austudy age if the person:
(a) was receiving youth allowance immediately before turning 25;
and
(b) has not yet attained the maximum age for youth allowance (see
subsection 543B(2)).
The requirements that apply to a person relating to residency in respect
of a period are that, throughout the period, the person:
(a) is an Australian resident; and
(b) subject to this Subdivision, is in Australia.
General
(1) Paragraph 571(b) does not apply to a person if the person is
undertaking qualifying study and:
(a) is absent from Australia for the purpose of undertaking part of the
studies for the course of education in respect of which the person is
undertaking qualifying study; or
(b) is absent from Australia, for any other purpose, for not more than 26
weeks.
Temporary return to Australia
(2) If the person:
(a) returns to Australia after having been outside Australia (whether
before or after the commencement of this section) for more than 13 weeks;
and
(b) leaves Australia before the end of 13 weeks after he or she so
returned to Australia;
the person is taken, for the purposes of paragraph (1)(b), to have
continued to be absent from Australia throughout the period from the time of the
return to the time when the person so left Australia.
An austudy payment is not payable to a person who is qualified for
austudy payment:
(a) if the value of the person’s assets exceeds the person’s
assets value limit (see Subdivision B); or
(b) before the person’s provisional commencement day (see
Subdivision C); or
(c) while the person is subject to a waiting period (see Subdivision D);
or
(d) while an activity test non-payment period applies to the person (see
Subdivision E); or
(e) while the person is subject to an administrative exclusion (see
Subdivision F); or
(f) while the person is subject to a multiple entitlement exclusion (see
Subdivision G); or
(g) while the person’s austudy payment rate would be nil.
Note 1: An austudy payment is not payable if the person is
in gaol or is undergoing psychiatric confinement because the person has been
charged with committing an offence (see Division 2 of Part
3.13).
Note 2: An austudy payment is not payable to a person if the
person is subject to a compensation preclusion period (see Part
3.14).
An austudy payment is not payable to a person if:
(a) the person is not excluded from the application of the austudy payment
assets test; and
(b) the value of the person’s assets is more than the person’s
assets value limit.
Note 1: For persons excluded from application of test see
section 573A.
Note 2: For assets value limit see section
573B.
A person is excluded from the application of the austudy payment assets
test if the person’s partner is receiving:
(a) a payment of pension, benefit or allowance referred to in the table at
the end of this section; or
(b) a payment under Part 5 or 6 of the Farm Household Support Act
1992.
|
Table of pensions, benefits and allowances |
||
|---|---|---|
|
Item |
Type of pension, benefit and allowance |
|
|
1 |
Age pension |
(Part 2.2) |
|
2 |
Service pension (age) |
(Section 36 of the Veterans’ Entitlements Act) |
|
3 |
Defence widow’s pension—if the widow has no dependent
children |
(Section 70 of the Veterans’ Entitlements Act) |
|
4 |
War widow’s pension—if the widow has no dependent
children |
(Section 13 of the Veterans’ Entitlements Act) |
|
5 |
Mature age allowance |
(Part 2.12A or 2.12B) |
|
6 |
Rehabilitation allowance |
(Clause 35 of Schedule 1A) |
|
7 |
Commonwealth allowance |
(New Enterprise Incentive Scheme (NEIS)) |
|
8 |
Carer payment |
(Part 2.5) |
|
9 |
Service pension (carer) |
(Section 39 of the Veterans’ Entitlements Act) |
|
10 |
Defence widow’s pension—if the widow has a dependent
child |
(Section 70 of the Veterans’ Entitlements Act) |
|
11 |
Disability support pension |
(Part 2.3) |
|
12 |
Service pension (invalidity) |
(Section 37 of the Veterans’ Entitlements Act) |
|
13 |
War widow’s pension—if the widow has a dependent child
|
(Section 13 of the Veterans’ Entitlements Act) |
|
14 |
Newstart allowance |
(Part 2.12) |
|
15 |
Sickness allowance |
(Part 2.14) |
|
16 |
Special benefit |
(Part 2.15) |
|
17 |
Benefit PP (partnered) |
(Part 2.10) |
(1) A person’s assets value limit is:
(a) $125,750 if the person:
(i) is not a member of a couple (see section 4); and
(ii) is a homeowner; or
(b) $215,750 if the person:
(i) is not a member of a couple; and
(ii) is not a homeowner; or
(c) $178,500 if the person:
(i) is a member of a couple; and
(ii) is a homeowner; or
(d) $268,500 if the person:
(i) is a member of a couple; and
(ii) is not a homeowner.
Note 1: For homeowner see subsection
11(4).
Note 2: The amounts in this section are indexed annually on
1 July (see sections 1191 to 1194).
(2) If the Secretary determines in writing a higher amount in substitution
for an amount specified in subsection (1) (the existing amount),
the higher amount is taken, from the commencement of this section, to have been
substituted for the existing amount. A determination under this subsection is a
disallowable instrument.
(3) Subsection (2) and this subsection are repealed at the end of 31
December 1998.
The value of a person’s assets is the sum of the following
values:
(a) the value of the person’s assets (disregarding paragraph
(b));
(b) if the person is a member of a couple (see section 4)—the value
of the assets of the person’s partner.
Sections 573D and 573E apply for the purpose of working out the value of
the person’s assets and of his or her partner (if any).
A person’s assets include:
(a) any benefit to which the person is entitled directly or indirectly out
of the assets of a trust; and
(b) any asset of a trust that the person can deal with directly or
indirectly to his or her advantage; and
(c) any interest in the assets of a trust which has been assigned to
someone else but which the person can directly or indirectly control.
If:
(a) an exceptional circumstances certificate referred to in section 8A of
the Farm Household Support Act 1992 was issued in respect of a person;
and
(b) the certificate has effect;
the person’s assets do not include any asset that is an exempt asset
in respect of the person within the meaning of that Act.
Subject to this Subdivision, a person’s provisional commencement
day is the day on which the person claims an austudy payment.
Subject to section 574B, if:
(a) a person makes a claim (initial claim) for:
(i) a social security pension, a social security benefit (other than an
austudy payment) or a service pension; or
(ii) a pension, allowance, benefit or other payment that is similar in
character to an austudy payment under an Act other than this Act or under a
program administered by the Commonwealth; and
(b) on the day on which the person makes the initial claim, the person is
qualified for austudy payment; and
(c) the person afterwards makes a claim for austudy payment; and
(d) the Secretary is satisfied that it is reasonable for this subsection
to apply to the person;
the person’s provisional commencement day is the day on which the
person made the initial claim.
If a person:
(a) is a transferee to austudy payment; and
(b) claims austudy payment within 14 days after the transfer
day;
the person’s provisional commencement day is the person’s
transfer day.
Note: For transferee to austudy payment
and transfer day see subsections 23(6) and
(7).
If:
(a) a person receives an austudy payment; and
(b) either:
(i) the person is subject to an administrative exclusion because of the
application of section 577C; or
(ii) an administrative breach rate reduction period under Subdivision C of
Division 5 applies to the person and the person’s administrative breach
reduced rate is a nil rate; and
(c) payment of the allowance is cancelled or automatically terminated;
and
(d) the person lodges a claim for austudy payment within 14 days after the
date of effect of the cancellation or automatic termination referred to in
paragraph (c);
the person’s provisional commencement day is the day after the date
of effect of the cancellation or automatic termination.
If a person:
(a) claims a disaster relief payment; and
(b) is qualified for the payment; and
(c) as a result of the major disaster to which the payment relates, claims
austudy payment within 14 days after the day on which the person claimed the
disaster relief payment;
the person’s provisional commencement day is the day on which he or
she was affected by the disaster.
For the purposes of this Part, a person may be subject to the following
waiting periods:
(a) a liquid assets test waiting period (see sections 575A, 575B and
575C);
(b) a newly arrived resident’s waiting period (see sections 575D and
575E).
When person subject to liquid assets test waiting
period—general
(1) Subject to this section, if:
(a) the value of a person’s liquid assets is more than the
person’s maximum reserve on:
(i) the day on which the person becomes qualified for austudy payment;
or
(ii) the day on which the person claims austudy payment; and
(b) the person is not a transferee to austudy payment;
the person is subject to a liquid assets test waiting period.
Note 1: For liquid assets and maximum
reserve see section 14A.
Note 2: For transferee to austudy payment see
subsections 23(6) and (7).
Exception—person already subject to liquid assets test waiting
period in previous 12 months
(2) Subsection (1) does not apply to a person if, at any time during the
12 months before:
(a) the day on which the person becomes qualified for austudy payment;
or
(b) the day on which the person claims austudy payment;
the person:
(c) was subject to a liquid assets test waiting period under this Part and
that period has ended; or
(d) has served a liquid assets test waiting period under another Part of
this Act; or
(e) has served a liquid assets test waiting period under the Student
Assistance Act 1973 as previously in force.
Exception—waiver for hardship
(3) If the Secretary is satisfied that a person is in severe financial
hardship because the person has incurred unavoidable or reasonable expenditure
while serving a liquid assets test waiting period, the Secretary may determine
that the person does not have to serve the whole, or any part, of the waiting
period.
Note 1: For in severe financial hardship see
subsections 19C(2) (person who is not a member of a couple) and 19C(3) (person
who is a member of a couple).
Note 2: For unavoidable or reasonable
expenditure see subsection 19C(4).
Exception—certain transferees to austudy payment
(4) Subsection (1) does not apply to a person if:
(a) the person is a transferee to austudy payment; and
(b) the person claims austudy payment within 14 days of the transfer
day.
The liquid assets test waiting period of a person starts on the day on
which the person became qualified for austudy payment.
Number of weeks
(1) A person’s liquid assets test waiting period is:
(a) if the result obtained under subsection (2) is 13 or more whole
weeks—13 weeks; or
(b) if the result obtained under subsection (2) is fewer than 13 whole
weeks—the number of whole weeks obtained under that subsection.
Working out number of weeks
(2) Subject to subsection (3), the number of weeks is worked out by using
the following formula:
where:
divisor, in relation to the person, means:
(a) if the person is not a member of a couple and does not have a
dependent child—$500; or
(b) otherwise—$1,000.
liquid assets means the person’s liquid assets on the
day referred to in subparagraph 575A(1)(a)(i) or (ii) (as the case
requires).
maximum reserve amount means the maximum reserve in relation
to the person under subsection 14A(1).
Weeks etc. to be disregarded
(3) For the purposes of subsection (2), disregard:
(a) any weeks after the person claimed austudy payment during which the
person was not qualified for austudy payment; and
(b) any fractions of a week.
Basic rule
(1) Subject to this section, a person is subject to a newly arrived
resident’s waiting period if the person:
(a) has entered Australia on or after 4 March 1997; and
(b) has not been an Australian resident in Australia for a period of, or
periods totalling, 104 weeks.
Note: For Australian resident see subsection
7(2).
Exception—qualifying residence exemption
(2) Subsection (1) does not apply to a person who has a qualifying
residence exemption for an austudy payment.
Note: For qualifying residence exemption see
subsection 7(6).
Exception—person already subject to waiting period
etc.
(3) Subsection (1) does not apply to a person if:
(a) the person has been subject to:
(i) a newly arrived resident’s waiting period under this Act;
or
(ii) a waiting period under Part 2 of the Student Assistance Act
1973 as in force immediately before 1 July 1998; or
(iii) a newly arrived resident’s waiting period under Part 8 of the
Student Assistance Act 1973 as in force immediately before 1 July 1998;
and
(b) that period has ended.
(4) Subsection (1) does not apply to a person if:
(a) the person would:
(i) if the person had made a claim under this Act for a social security
payment other than youth allowance—have been subject to a newly arrived
resident’s waiting period under this Act; or
(ii) if the person had, before 1 July 1998, made a claim under the
Student Assistance Act 1973—have been subject to a waiting period
under Part 2 of that Act or a newly arrived resident’s waiting period
under Part 8 of that Act;
and that period would have ended; or
(b) the person has had:
(i) a qualifying residence exemption for a newstart allowance or a
sickness allowance under this Act; or
(ii) a qualifying residence exemption for a youth training allowance under
the Student Assistance Act 1973; or
(c) in the case of an AUSTUDY allowance recipient—the person was not
subject to a waiting period.
If a person is subject to a newly arrived resident’s waiting
period, the period:
(a) starts on the day on which the person first entered Australia;
and
(b) ends when the person has been an Australian resident in Australia for
a period of, or periods totalling, 104 weeks after that day.
Note: For Australian resident see subsection
7(2).
For the avoidance of doubt, if a person is subject to 2 waiting periods
under this Subdivision, an austudy payment is not payable to the person until
both of those waiting periods have ended.
An activity test non-payment period applies to a person if:
(a) the person commits an activity test breach (latest
breach); and
(b) the latest breach is the third or subsequent activity test breach in
the 2 years immediately before the day after the latest breach.
Note: If the latest breach is the first or second activity
test breach in the 2 years before the latest breach, an activity test rate
reduction period applies to the person (see Subdivision B of Division
5).
A person has committed an activity test breach if:
(a) the person fails to satisfy the activity test (see Subdivision B of
Division 1); or
(b) the person refuses or fails, without reasonable excuse, to provide
information in relation to the person’s income from remunerative work when
required to do so under this Act; or
(c) the person knowingly or recklessly provides false or misleading
information in relation to the person’s income from remunerative work when
required to do so under this Act.
Note: An activity test breach may also arise under other
sections of this Act and the Student Assistance Act 1973 as in force
immediately before the commencement of section 576A of this Act (see subsection
23(1)).
Basic rule
(1) Subject to subsection (2), the length of an activity test non-payment
period is 8 weeks.
Pre-existing non-payment period
(2) If, at the time of the commencement of an activity test non-payment
period under this Part, the person is already subject to an activity test
non-payment period (pre-existing non-payment period), the
pre-existing non-payment period is taken to end immediately before the
commencement of the activity test non-payment period under this Part.
Notice of start of period
(1) If an activity test non-payment period applies to a person under this
Part, the Secretary must give the person a written notice telling the person of
the start of the period.
General rule
(2) Subject to subsection (3) of this section and section 576E, the
activity test non-payment period starts on the day on which the notice is given
to the person.
Austudy payment ceasing to be payable
(3) Subject to section 576E, if:
(a) on or before the day on which a person’s activity test
non-payment period would (apart from this subsection) have started, an austudy
payment ceases to be payable to the person; and
(b) it has not ceased to be payable because of the application of an
activity test non-payment period;
the activity test non-payment period starts on the day on which the austudy
payment ceases to be payable to the person.
Application of section
(1) This section applies if, under this Part:
(a) an activity test non-payment period applies to a person; and
(b) during the whole or a part of that period, the whole or a part of an
activity test breach rate reduction period (overlap period)
applies to the person.
Note: An administrative breach rate reduction period may
also apply to the person (see section 583C).
Overlap period
(2) Subject to subsection (4), the activity test non-payment period and
the activity test breach rate reduction period are to run concurrently during
the overlap period.
Which restriction is to apply
(3) Subject to section 576E, only the non-payment restriction relating to
the activity test non-payment period is to apply to the person during the
overlap period.
Pre-existing activity test breach rate reduction period
(4) If, at the time of the commencement of an activity test non-payment
period under this Part, the person is already subject to an activity test breach
rate reduction period (pre-existing reduction period), the
pre-existing reduction period is taken to end immediately before the
commencement of the activity test non-payment period under this Part.
Application of section
(1) This section applies if, under this Part:
(a) an activity test non-payment period applies to a person; and
(b) during the whole or a part of that period, the whole or a part of a
waiting period (overlap period) applies to the person.
Note: An administrative breach rate reduction period may
also apply to the person (see section 583C).
Overlap period
(2) The non-payment period and the waiting period are to run concurrently
during the overlap period.
Which restriction is to apply
(3) Despite any other provision of this Act, only the restriction on
payment relating to the waiting period is to apply to the person during the
overlap period.
For the avoidance of doubt, sections 576C, 576D and 576E do not prevent
an austudy payment ceasing to be payable in circumstances that do not involve
the application of an activity test non-payment period under this
Part.
If, but for this section, an event would result in both an activity test
penalty period and an administrative breach rate reduction period applying to a
person under the provisions of this Act, only the provision imposing the
activity test penalty period is to apply to the person.
For the purposes of this Division, a person is subject to an
administrative exclusion while one or more of sections 577A to 577D apply to the
person.
Note: These sections apply because the person fails to do
certain things. It is open to the person to end the administrative exclusion by
doing those things.
Person must provide tax file number or employment
declaration
(1) A person is subject to an administrative exclusion if:
(a) the Secretary has requested the person under section 579F or
586:
(i) to give the Secretary a written statement of the person’s tax
file number; or
(ii) to apply for a tax file number and give the Secretary a written
statement of the person’s tax file number once it has been issued;
and
(b) at the end of 28 days after the request is made, the person has
neither:
(i) given the Secretary a written statement of the person’s tax file
number; nor
(ii) given the Secretary an employment declaration and satisfied either
subsection (2) or (3).
Person does not know tax file number
(2) A person satisfies this subsection if:
(a) the employment declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform him or her of the
number; and
(b) the person has given the Secretary a document authorising the
Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—the tax file number;
and
(c) the Commissioner of Taxation has not told the Secretary that the
person has no tax file number.
Application for tax file number pending
(3) A person satisfies this subsection if:
(a) the person’s declaration states that the person has applied for
a tax file number; and
(b) the person has given the Secretary a document authorising the
Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person—the tax file
number; or
(ii) if the application is refused—that the application has been
refused; or
(iii) if the application is withdrawn—that the application has been
withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that the
person has not applied for a tax file number; and
(d) the Commissioner of Taxation has not told the Secretary that an
application by the person for a tax file number has been refused; and
(e) the application for a tax file number has not been
withdrawn.
Person must provide partner’s tax file number
(1) Subject to subsection (4), a person is subject to an administrative
exclusion if:
(a) the person is a member of a couple; and
(b) the person is requested under section 579G or 586A to give the
Secretary a written statement of the tax file number of the person’s
partner; and
(c) at the end of 28 days after the request is made the person has
neither:
(i) given the Secretary a written statement of the partner’s tax
file number; nor
(ii) given the Secretary a declaration by the partner in a form approved
by the Secretary and satisfied either subsection (2) or (3).
Partner does not know tax file number
(2) The person satisfies this subsection if:
(a) the partner’s declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of the
partner’s tax file number; and
(b) the person has given the Secretary a document signed by the partner
that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number—the tax file number;
and
(c) the Commissioner of Taxation has not told the Secretary that the
partner has no tax file number.
Application for partner’s tax file number pending
(3) The person satisfies this subsection if:
(a) the partner’s declaration states that the partner has applied
for a tax file number; and
(b) the person has given the Secretary a document signed by the partner
that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner—the tax file
number; or
(ii) if the application is refused—that the application has been
refused; or
(iii) if the application is withdrawn—that the application has been
withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an
application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been
withdrawn.
Secretary may waive requirement
(4) The Secretary may waive the request for a statement of the
partner’s tax file number if the Secretary is satisfied that:
- (a) the person does not know the partner’s tax file number;
and
(b) the person can obtain none of the following from the
partner:
(i) the partner’s tax file number;
(ii) a statement of the partner’s tax file number;
(iii) a declaration by the partner under subparagraph
(1)(c)(ii).
Requirement to attend the Department etc.
(1) Subject to subsection (2), a person is subject to an administrative
exclusion if:
(a) a person is receiving, or has lodged a claim for, an austudy payment;
and
(b) the Secretary is of the opinion that the person should:
(i) attend an office of the Department; or
(ii) contact the Department; or
(iii) give information to the Secretary; and
(c) the Secretary informs the person that the person is required
to:
(i) attend that office; or
(ii) contact that Department; or
(iii) give that information; and
(d) the requirement is reasonable; and
(e) the person does not comply with the requirement.
Reasonable excuse for non-compliance
(2) The Secretary may determine that a person is not subject to an
administrative exclusion under this section if the Secretary is satisfied that
the person had a reasonable excuse for not complying with the
requirement.
Period within which account is to be nominated
(1) A person is subject to an administrative exclusion if, at the end of
the period (preliminary period) of 28 days starting on the day on
which an austudy payment became payable to the person:
(a) no account has been nominated for the purposes of subsection 584E(2);
and
(b) the Secretary has not given a direction under subsection 584E(4) in
relation to the payment of instalments of the austudy payment to the
person.
Cessation of administrative exclusion
(2) If an account is nominated for the purposes of subsection 584E(2)
after the end of the preliminary period, then, subject to this Part, the person
ceases to be subject to the administrative exclusion and the allowance is
payable to the person:
(a) if the nomination was made within 3 months after the end of the
preliminary period—on and from the first day after the end of that period;
or
(b) otherwise—on and from the day on which the nomination was
made.
For the purposes of this Division, a person is subject to a multiple
entitlement exclusion if:
(a) the person is receiving an austudy payment and another social security
benefit, a social security pension or a service pension becomes payable to the
person; or
(b) a payment under a scheme referred to in section 578A has been or may
be made to the person; or
(c) an assurance of support applies to the person (see section 578B);
or
(d) the person has received, or may receive, income that is paid by a
community or group from funds provided under a Commonwealth funded employment
program.
Note: For Commonwealth funded employment
program see subsection 23(1).
General
(1) Subject to subsection (2), the schemes for the purposes of paragraph
578(b) are:
(a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme
to the extent that it applies to part-time students; and
(b) the scheme to provide an allowance known as the Maintenance Allowance
for Refugees; and
(c) the scheme to provide an allowance known as the Adult Migrant
Education Program Living Allowance; and
(d) the scheme to provide an allowance known as the English as a Second
Language Allowance to the extent that the scheme applies to full-time students;
and
(e) a LEAP program.
Note 1: For prescribed educational scheme see
section 5.
Note 2: For LEAP program see subsection
23(1).
Application made under ABSTUDY Scheme
(2) If:
(a) a person is undertaking qualifying study in respect of a course of
education that is to last for 6 months or more; and
(b) an application is made for a payment in respect of the person
under:
(i) the ABSTUDY Schooling Scheme; or
(ii) the ABSTUDY Tertiary Scheme; and
(c) the person was receiving an austudy payment immediately before the
start of the course;
the Secretary may decide that the person is not subject to a multiple
entitlement exclusion, because of subsection (1), before:
(d) the application is determined; or
(e) the end of the period of 3 weeks beginning on the day on which the
course starts;
whichever happens first.
An assurance of support applies to a person if:
(a) an assurance of support is in force in respect of the person
(assuree); and
(b) the person who gave the assurance was willing and able to provide an
adequate level of support to the assuree; and
(c) it was reasonable for the assuree to accept that support.
Note: For assurance of support see subsection
23(1).
Proper claim
(1) A person who wants to be granted an austudy payment must make a proper
claim for the austudy payment.
Note: For proper claim see section 579A
(form), sections 579B and 579C (manner of lodgment) and section 579D
(residence/presence in Australia).
Claim taken not to be made
(2) For the purposes of subsection (1), if:
(a) a claim for an austudy payment is made by or on behalf of a person;
and
(b) at the time the claim is made, the claim cannot be granted because the
person is not qualified for austudy payment;
the claim is taken not to have been made.
To be a proper claim, a claim must be made in writing and must be in
accordance with a form approved by the Secretary.
To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place in Australia approved for the purpose by the Secretary;
or
(c) with a person in Australia approved for the purpose by the
Secretary.
Contacting Department prior to lodging claim
(1) A person is taken to have lodged a claim in accordance with section
579B on the day on which the Department is contacted under paragraph (a) of this
section if:
(a) the Department is contacted by or on behalf of the person by
telephone, or by the transmission of a message by use of facsimile or computer
equipment, in relation to making a claim for:
(i) an austudy payment; or
(ii) a disability support pension; or
(iii) a sickness allowance; or
(iv) a newstart allowance; and
(b) on that day, the person was qualified for an austudy payment;
and
(c) the Secretary gives the person a written notice acknowledging that the
Department has been contacted in relation to making the claim; and
(d) the person lodges a claim for a pension or allowance referred to in
paragraph (a) within the period allowed under this section; and
(e) if the claim referred to in paragraph (d) is not a claim for an
austudy payment—the person subsequently lodges a claim for an austudy
payment; and
(f) either:
(i) the person gives the Secretary the notice referred to in paragraph (c)
when lodging the claim referred to in paragraph (d); or
(ii) the Department has a written record that the notice referred to in
paragraph (c) has been sent to the person.
Period for lodging claim
(2) Subject to subsection (3), for the purposes of paragraph (1)(d), the
period is 14 days after the day on which the Department is contacted.
Extensions of period
(3) The Secretary may determine by written notice given to the
person:
(a) within the 14 day period referred to in subsection (2); or
(b) within the period of any extension under this subsection;
that the period for the purposes of paragraph (1)(d) is extended for such
further period as the Secretary considers reasonable.
Time Department taken to have been contacted
(4) For the purposes of this section, a person who contacts the Department
by transmitting a message by use of facsimile or computer equipment is taken to
have done so when the message is received in the Department.
A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note: For Australian resident see subsections
7(2) and (3).
Withdrawal of claim
(1) A claimant for an austudy payment or a person on behalf of the
claimant may withdraw a claim that has not been determined.
Effect of withdrawal
(2) A claim that is withdrawn is taken not to have been made.
Manner of withdrawal
(3) A withdrawal may be made orally or in writing.
Request for claimant’s tax file number etc.
(1) The Secretary may request but not compel a claimant for an austudy
payment:
(a) if the claimant has a tax file number—to give the Secretary a
written statement of the claimant’s tax file number; or
(b) if the claimant does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the claimant’s tax
file number after the Commissioner of Taxation has issued it.
Failure to satisfy request
(2) An austudy payment is not payable to a claimant if, at the end of 28
days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request.
Request for partner’s tax file number
(1) If:
(a) a claimant for an austudy payment is a member of a couple;
and
(b) the claimant’s partner is in Australia;
the Secretary may request but not compel the claimant to give the Secretary
a written statement of the tax file number of the claimant’s
partner.
Failure to satisfy request
(2) An austudy payment is not payable to a claimant if, at the end of 28
days after a request is made:
(a) the claimant has failed to satisfy the request; and
(b) the Secretary has not exempted the claimant from having to satisfy the
request.
Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner’s tax file
number and an authority by the partner to the Commissioner of Taxation to give
the Secretary certain information relevant to the partner’s tax file
number (see subsections 577B(2) and (3)).
Note 2: The Secretary may waive the requirement in some
cases (see subsection 577B(4)).
The Secretary must, in accordance with this Part, determine a claim for
an austudy payment.
General rule
(1) The Secretary is to determine that the claim is to be granted if the
Secretary is satisfied that:
(a) the person is qualified for austudy payment; and
(b) the allowance is payable.
Person subject to waiting period etc.
(2) The Secretary is to determine that the claim is to be granted if the
Secretary is satisfied that:
(a) the person is qualified, or is expected to be qualified, for austudy
payment; and
(b) the austudy payment would be payable, apart from the application
of:
(i) a waiting period; or
(ii) an activity test non-payment period; or
(iii) an activity test breach rate reduction period where the
person’s activity test breach reduced rate is a nil rate; or
(iv) an administrative breach rate reduction period where the
person’s administrative breach reduced rate is a nil rate; or
(v) an income maintenance period within the meaning of point
1067G-H11.
Date of effect
(1) Subject to this section, a determination under section 580A takes
effect on the day on which the determination is made or on any later day or
earlier day that is stated in the determination.
Notified decision—review sought within 3 months
(2) If:
(a) a decision (previous decision) is made rejecting a
person’s claim for an austudy payment; and
(b) a notice is given to the person telling the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3
months after the notice is given, for review of the previous decision;
and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision
took effect.
Notified decision—review sought after 3 months
(3) If:
(a) a decision (previous decision) is made rejecting a
person’s claim for an austudy payment; and
(b) a notice is given to the person telling the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3
months after the notice is given, for review of the previous decision;
and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the person sought the
review.
Decision not notified
(4) If:
(a) a decision (previous decision) is made rejecting a
person’s claim for an austudy payment; and
(b) no notice is given to the person telling the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of
the previous decision; and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision
took effect.
Austudy Payment Rate Calculator in section 1067L
(1) Subject to this section, the rate of a person’s austudy payment
is to be worked out in accordance with the Austudy Payment Rate Calculator in
section 1067L.
Activity test breach rate reduction period only
(2) Subject to subsection (4), if an activity test breach rate reduction
period applies to the person, the person’s rate of austudy payment for
that period is to be worked out in accordance with Subdivision B.
Administrative breach rate reduction period only
(3) Subject to subsection (4), if an administrative breach rate reduction
period applies to the person, the person’s rate of austudy payment for
that period is to be worked out in accordance with Subdivision C.
Activity test breach rate reduction period and administrative breach
rate reduction period
(4) If both an activity test breach rate reduction period and an
administrative breach rate reduction period apply to the person, the
person’s rate of austudy payment is to be worked out in accordance with
Subdivisions B and C.
An activity test breach rate reduction period applies to a person
if:
(a) a person commits an activity test breach referred to in section 576A
(latest breach); and
(b) the latest breach is the first or second activity test breach in the 2
years immediately before the day after the latest breach.
Note: If the latest breach is the third or subsequent
activity test breach in the 2 years before the latest breach, an activity test
non-payment period applies to the person (see Subdivision E of Division
2).
Basic rule
(1) Subject to subsection (2), the length of an activity test breach rate
reduction period is 26 weeks.
Pre-existing rate reduction period
(2) If, at the time of the commencement of an activity test breach rate
reduction period under this Part, the person is already subject to an activity
test breach rate reduction period (pre-existing rate reduction
period), the pre-existing rate reduction period is taken to end
immediately before the commencement of the activity test breach rate reduction
period under this Part.
Notice of start of period
(1) If an activity test breach rate reduction period applies to a person
under this Part, the Secretary must give to the person a written notice telling
the person of the start of the period.
General rule
(2) Subject to subsection (3), the activity test breach rate reduction
period starts on the day on which the notice is given to the person.
Austudy payment ceasing to be payable
(3) If, on or before the day on which the person’s activity test
breach rate reduction period would (apart from this subsection) have started, an
austudy payment ceases to be payable to the person, the period starts on the day
on which the austudy payment ceases to be payable to the person.
Application of section
(1) This section applies if, under this Part:
(a) an activity test breach rate reduction period applies to a person;
and
(b) during the whole or a part of that period the whole or a part of a
waiting period also applies to the person (overlap
period).
Note: Other periods such as an administrative breach rate
reduction period may also apply (see section 583D).
Overlap period
(2) The activity test breach rate reduction period and the waiting period
are to run concurrently during the overlap period.
Which restriction is to apply
(3) Despite any other provision of this Act, only the restriction on
payment relating to the waiting period is to apply to the person during the
overlap period.
Activity test breach reduced rate
(1) If an activity test breach rate reduction period applies to a person
under this Part, the person’s rate of austudy payment for the activity
test breach rate reduction period is worked out as follows:
Method statement
Step 1. Work out the person’s maximum basic rate of austudy
payment using Module B of the Austudy Payment Rate Calculator in section 1067L:
the result is the maximum payment rate.
Step 2. Work out the rate reduction amount as follows:
(a) if the activity test breach is the person’s first breach in the
2 year period:
(b) if the activity test breach is the person’s second breach in the
2 year period:
Step 3. Take the rate reduction amount away from the rate of austudy
payment worked out in accordance with the Austudy Payment Rate Calculator in
section 1067L: the result is the activity test breach reduced
rate.
Note: An activity test breach reduced rate may be a nil
rate.
Meaning of 2 year period
(2) In this section:
2 year period means the 2 years immediately before the day
after the activity test breach.
General rule
(1) Subject to subsection (2), an administrative breach rate reduction
period applies to a person if:
(a) the person is subject to an administrative exclusion because of the
application of section 577C and an austudy payment later becomes payable to the
person; or
(b) the person refuses or fails, without reasonable excuse, to comply with
a requirement made of the person under section 586A, 586B, 586C or
1304.
Exception
(2) An administrative breach rate reduction period does not apply to a
person if:
(a) the person receives an austudy payment; and
(b) an administrative breach rate reduction period would, apart from this
subsection, apply to the person; and
(c) the person’s administrative breach reduced rate would be a nil
rate; and
(d) payment of the austudy payment is cancelled or automatically
terminated; and
(e) the person lodges a claim for an austudy payment more than 14 days
after the date of effect of the cancellation or automatic termination referred
to in paragraph (d).
Basic rule
(1) Subject to subsection (2), the length of an administrative breach rate
reduction period is 13 weeks.
Pre-existing administrative breach rate reduction period
(2) If, at the time of the commencement of an administrative breach rate
reduction period under this Part, the person is already subject to an
administrative breach rate reduction period (pre-existing reduction
period), the pre-existing reduction period is taken to end immediately
before the commencement of the administrative breach rate reduction period under
this Part.
Notice of start of period
(1) If an administrative breach rate reduction period applies to a person
under this Part, the Secretary must give to the person a written notice telling
the person of the start of the period.
General rule
(2) Subject to subsection (3), the administrative breach rate reduction
period starts on the day on which the notice is given to the person.
Austudy payment ceasing to be payable
(3) If:
(a) on or before the day on which a person’s administrative breach
rate reduction period would (apart from this subsection) have started, an
austudy payment ceases to be payable to the person; and
(b) it has not ceased to be payable because of the application of an
administrative breach rate reduction period;
the administrative breach rate reduction period starts on the day on which
the austudy payment ceases to be payable to the person.
Application of section
(1) This section applies if, under this Part:
(a) an administrative breach rate reduction period applies to a person;
and
(b) during the whole or a part of that period, the whole or a part of an
activity test non-payment period also applies to the person (overlap
period).
Note: Other periods such as a waiting period may also apply
(see section 583E).
Overlap period
(2) The activity test non-payment period and the administrative breach
rate reduction period are to run concurrently during the overlap
period.
Which restriction is to apply
(3) Subject to section 576E, the non-payment penalty relating to the
activity test non-payment period is to apply to the person during the overlap
period.
Application of section
(1) This section applies if, under this Part:
(a) an administrative breach rate reduction period applies to a person;
and
(b) during the whole or a part of that period, the whole or a part of an
activity test breach rate reduction period also applies to the person
(overlap period).
Note: Other periods such as a waiting period may also apply
(see section 583E).
Overlap period
(2) Subject to subsection (3), the administrative breach rate reduction
period and the whole or a part of the activity test breach rate reduction period
are to run concurrently during the overlap period.
Which restriction is to apply
(3) Subject to sections 576D, 582C and 582D, the only rate reduction
amount that is to apply to the person during the overlap period is the higher of
the following:
(a) the rate reduction amount that relates to the activity test breach
rate reduction period (see subsection 582D(1));
(b) the rate reduction amount that relates to the administrative breach
rate reduction period (see section 583G).
Application of section
(1) This section applies if, under this Part:
(a) an administrative breach rate reduction period applies to a person;
and
(b) during the whole or a part of that period the whole or a part of a
waiting period also applies to the person (overlap
period).
Note: Other periods such as an activity test breach rate
reduction period may also apply (see section 583D).
Overlap period
(2) The administrative breach rate reduction period and the whole or a
part of the waiting period are to run concurrently during the overlap
period.
Which restriction is to apply
(3) Despite any other provision of this Act, only the restriction on
payment relating to the waiting period is to apply to the person during the
overlap period.
For the avoidance of doubt, sections 583C, 583D and 583E do not prevent
an austudy payment ceasing to be payable in circumstances that do not involve
the application of an administrative breach rate reduction period.
If an administrative breach rate reduction period applies to a person
under this Part, the person’s rate of austudy payment for the
administrative breach rate reduction period is worked out as follows:
Method statement
Step 1. Work out the person’s maximum basic rate of austudy
payment using Module B of the Austudy Payment Rate Calculator in section 1067L:
the result is the maximum payment rate.
Step 2. Multiply the person’s maximum payment rate by 0.16:
the result is the rate reduction amount.
Step 3. Take the rate reduction amount away from the rate of austudy
payment worked out in accordance with the Austudy Payment Rate Calculator in
section 1067L: the result is the administrative breach reduced
rate.
Note: An administrative breach reduced rate may be a nil
rate.
An austudy payment becomes payable to a person on the first day on
which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the
person.
Note 1: For qualification see Subdivision A of Division
1.
Note 2: For circumstances in which an austudy payment is not
payable see section 572.
Austudy payment paid by instalments
(1) Austudy payment is to be paid by instalments for periods determined by
the Secretary.
Time of payment
(2) Instalments of austudy payment are to be paid at the times determined
by the Secretary.
Period less than a fortnight
(1) If:
(a) an instalment of austudy payment is for a period; and
(b) the period is less than a fortnight;
the instalment for the period is the amount worked out by using the
formula:
Period consisting of whole fortnights and period less than
fortnight
(2) If:
(a) an instalment of austudy payment is for a period; and
(b) the period consists of:
(i) a number of whole fortnights; and
(ii) a period that is less than a fortnight;
the instalment, in so far as it relates to the period that is less than a
fortnight, is the amount worked out by using the
formula:
Fraction of a cent
(1) If the amount of an instalment includes a fraction of a cent, the
amount is to be rounded to the nearest whole cent (0.5 cent being rounded
upwards).
Amount increased to fortnightly PA rate
(2) If:
(a) an amount of pharmaceutical allowance is added to a person’s
maximum basic rate in working out the amount of an instalment of austudy
payment; and
(b) apart from this subsection, the amount of the instalment would be less
than the person’s fortnightly PA rate;
the amount of the instalment is to be increased to the person’s
fortnightly PA rate.
Fortnightly PA rate
(3) For the purposes of subsection (2), the person’s
fortnightly PA rate is the rate worked out by using the
formula:
where:
N means whichever of the following applies:
(a) if the instalment is for a number of whole fortnights—the number
of fortnights;
(b) if the instalment is for a period of less than a fortnight—the
number worked out by using the formula:
(c) if the instalment is for a period that consists of a number of whole
fortnights and a period of less than a fortnight—the number worked out by
using the formula:
pharmaceutical allowance rate means the fortnightly amount of
pharmaceutical allowance added to the person’s maximum basic rate in
working out the amount of the instalment.
Amount increased to $1.00
(4) If, apart from this section, the amount of an instalment would be less
than $1.00, the amount is to be increased to $1.00.
(1) Subject to subsection (3), instalments of a person’s austudy
payment are to be paid to that person.
(2) The Secretary may direct that the whole or part of the instalments of
a person’s austudy payment is to be paid to someone else on behalf of the
person.
(3) If the Secretary makes a direction under subsection (2), the
instalments are to be paid in accordance with the direction.
Manner of payment
(1) An amount that is to be paid to a person under section 584D is to be
paid in the manner set out in this section.
Payment into account
(2) Subject to this section, the amount is to be paid, at the intervals
that the Secretary directs, to the credit of a bank account, credit union
account or building society account nominated and maintained by the
person.
Joint or common account
(3) The account may be an account that is maintained by the person either
alone or jointly or in common with another person.
Secretary may direct payment in different way
(4) The Secretary may direct that the whole or a part of the amount be
paid to the person in a different way from that provided for by subsection
(2).
Payment in accordance with direction
(5) If the Secretary gives a direction under subsection (4), the amount is
to be paid in accordance with the direction.
If the Secretary is satisfied that an amount of austudy payment that
would normally be paid on a particular day cannot reasonably be paid on that day
(because, for example, it is a public holiday or a bank holiday), the Secretary
may direct that the amount be paid on an earlier day.
Payment to person determined by Secretary
(1) If:
(a) an austudy payment is payable to a person; and
(b) the person dies; and
(c) at the date of the person’s death the person had not received an
amount of austudy payment payable to him or her; and
(d) another person applies to receive the amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special
circumstances;
the Secretary may pay the amount to the person who, in the
Secretary’s opinion, is best entitled to it.
No further liability for Commonwealth
(2) If the Secretary pays an amount of austudy payment under subsection
(1), the Commonwealth has no further liability to any person in respect of that
amount of austudy payment.
Austudy payment absolutely inalienable
(1) Subject to subsections (2) and (3) and section 1359, an austudy
payment is absolutely inalienable, whether by way of, or in consequence of,
sale, assignment, charge, execution, bankruptcy or otherwise.
Payments to Commissioner of Taxation at recipient’s
request
(2) The Secretary may make deductions from the instalments of austudy
payment payable to a person if the person asks the Secretary:
(a) to make the deductions; and
(b) to pay the amount to be deducted to the Commissioner of
Taxation.
Note: The Secretary must make deductions from a
person’s austudy payment if requested by the Commissioner of Taxation (see
section 1359).
Deductions from instalments with recipient’s consent
(3) The Secretary may make deductions from the instalments of austudy
payment payable to a person if the person consents under section 1234A to the
Secretary making the deduction.
Note: Section 1234A enables the Secretary to recover a debt
from a person other than the debtor if the person is receiving an austudy
payment.
Court order not to apply to saved amount
(1) If:
(a) a person has an account with a financial institution; and
(b) instalments of austudy payment payable to the person are being paid
(whether on the person’s own behalf or not) to the credit of that account;
and
(c) a court order in the nature of a garnishee order comes into force in
respect of the account;
the court order does not apply to the saved amount (if any) in the
account.
Method of working out saved amount
(2) The saved amount is worked out as follows:
Method statement
Step 1. Work out the total amount of austudy payment payable to the
person that has been paid to the credit of the account during the 4 week period
immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from
the account during the same 4 week period: the result is the saved
amount.
Single, joint or common account
(3) This section applies to an account whether it is maintained by a
person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Request for tax file number
(1) The Secretary may request but not compel a person to whom an austudy
payment is being paid:
(a) if the person has a tax file number—to give the Secretary a
written statement of the person’s tax file number; or
(b) if the person does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the person’s tax
file number after the Commissioner of Taxation has issued it.
Failure to satisfy request
(2) An austudy payment is not payable to a person if, at the end of 28
days after a request is made:
(a) the person has failed to satisfy the request; and
(b) the Secretary has not exempted the person from having to satisfy the
request.
Request for partner’s tax file number
(1) If:
(a) an austudy payment recipient is a member of a couple; and
(b) the recipient’s partner is in Australia;
the Secretary may request but not compel the recipient to give the
Secretary a written statement of the tax file number of the recipient’s
partner.
Failure to satisfy request
(2) An austudy payment is not payable to a recipient if, at the end of 28
days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request.
Note 1: In some cases the request can be satisfied by giving
the Secretary a declaration by the partner about the partner’s tax file
number and an authority by the partner to the Commissioner of Taxation to give
the Secretary certain information relevant to the partner’s tax file
number (see subsections 577B(2) and (3)).
Note 2: The Secretary may waive the requirement in some
cases (see subsection 577B(4)).
Secretary may give notice requiring information
(1) The Secretary may give a person to whom an austudy payment is being
paid a notice that requires the person to tell the Department if:
(a) a stated event or change of circumstances occurs; or
(b) the person becomes aware that a stated event or change of
circumstances is likely to occur.
Event or change relevant to payment
(2) An event or change of circumstances is not to be stated in a notice
under subsection (1) unless the occurrence of the event or change of
circumstances might affect the payment of the austudy payment.
Formalities related to notice
(3) Subject to subsection (4), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must state how the person is to give the information to the
Department; and
(d) must state the period within which the person is to give the
information to the Department; and
(e) must state that the notice is a recipient notification notice given
under this Act.
Validity of notice
(4) A notice under subsection (1) is not invalid merely because it fails
to comply with paragraph (3)(c) or (e).
Period within which information to be given
(5) Subject to subsections (6) and (7), the period stated under paragraph
(3)(d) must end at least 7 days after:
(a) the day on which the event or change of circumstances occurs;
or
(b) the day on which the person becomes aware that the event or change of
circumstances is likely to occur.
Person leaving Australia
(6) If a notice requires the person to tell the Department of any proposal
by the person to leave Australia, subsection (5) does not apply to that
requirement.
Information as to compensation payment
(7) If the notice requires information about receipt of a compensation
payment, the period stated under paragraph (3)(d) in relation to the information
must end at least 7 days after the day on which the person becomes aware that he
or she has received or is to receive a compensation payment.
Refusal or failure to comply with notice
(8) A person must not, without reasonable excuse, intentionally or
recklessly refuse or fail to comply with a notice under subsection (1) to the
extent that the person is capable of complying with the notice.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court that convicts an individual of an offence to impose a fine instead of,
or in addition to, a term of imprisonment. The maximum fine that a court can
impose on the individual is worked out by multiplying the maximum term of
imprisonment (in months) by 5, and then multiplying the resulting number by the
amount of a penalty unit. The amount of a penalty unit is stated in section 4AA
of that Act.
Application overseas
(9) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; and
(b) all people irrespective of their nationality or citizenship.
Secretary may give notice requiring statement on matter
(1) The Secretary may give a person to whom an austudy payment is being
paid a notice that requires the person to give the Department a statement about
a matter that might affect the payment of the allowance to the person.
Formalities related to notice
(2) Subject to subsection (3), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must state how the statement is to be given to the Department;
and
(d) must state the period within which the person is to give the statement
to the Department; and
(e) must state that the notice is a recipient statement notice given under
this Act.
Validity of notice
(3) A notice under subsection (1) is not invalid merely because it fails
to comply with paragraph (2)(c) or (e).
Period within which statement to be provided
(4) The period stated under paragraph (2)(d) must end at least 7 days
after the day on which the notice is given.
Statement must be in approved form
(5) A statement given in response to a notice under subsection (1) must be
in writing and in accordance with a form approved by the Secretary.
Refusal or failure to comply with notice
(6) A person must not, without reasonable excuse, intentionally or
recklessly refuse or fail to comply with a notice under subsection (1) to the
extent that the person is capable of complying with the notice.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court that convicts an individual of an offence to impose a fine instead of,
or in addition to, a term of imprisonment. The maximum fine that a court can
impose on the individual is worked out by multiplying the maximum term of
imprisonment (in months) by 5, and then multiplying the resulting number by the
amount of a penalty unit. The amount of a penalty unit is stated in section 4AA
of that Act.
Application overseas
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; and
(b) all people irrespective of their nationality or citizenship.
Entitlement determination
(1) A determination that:
(a) a person’s claim for an austudy payment is to be granted;
or
(b) an austudy payment is payable to a person;
continues in effect until:
(c) the austudy payment ceases to be payable under section 588, 588A,
588B, 588C or 588D; or
(d) a further determination in relation to the austudy payment under
section 590B or 590C has taken effect.
Note 1: For paragraph (a) see section 580A.
Note 2: For paragraph (b) see section 590E—this
paragraph is relevant if the determination in question reverses an earlier
cancellation or suspension.
Note 3: For paragraph (d) see also section
590D.
Rate determination
(2) A determination of the rate of an austudy payment continues in effect
until:
(a) the austudy payment becomes payable at a lower rate under section 589,
589A or 589B; or
(b) a further determination in relation to the austudy payment under
section 590 or 590A has taken effect.
If a person is receiving an austudy payment and:
(a) one of the following becomes payable to the person:
(i) a social security pension;
(ii) another social security benefit;
(iii) a service pension; or
(b) a payment under ABSTUDY (other than the ABSTUDY Tertiary Scheme to the
extent that it applies to part-time students) becomes payable in respect of the
person;
the austudy payment ceases to be payable to the person immediately before
the day on which the pension, benefit or other payment becomes payable to, or in
respect of, the person.
If:
(a) a person who is receiving an austudy payment is given a notice under
section 586B; and
(b) the notice requires the person to tell the Department of the
occurrence of an event or change in circumstances within a stated period
(notification period); and
(c) the event or change in circumstances occurs; and
(d) the person tells the Department of the occurrence of the event or
change in circumstances within the notification period in accordance with the
notice; and
(e) because of the occurrence of the event or change in
circumstances:
(i) the person ceases to be qualified for the austudy payment;
or
(ii) the austudy payment would, apart from this section, cease to be
payable to the person; and
(f) the austudy payment is not cancelled before the end of the
notification period;
the austudy payment continues to be payable to the person until the end of
the notification period and then ceases to be payable to the person.
If:
(a) a person who is receiving an austudy payment is given a notice under
section 586B; and
(b) the notice requires the person to tell the Department of the
occurrence of an event or change in circumstances within a stated period
(notification period); and
(c) the event or change in circumstances occurs; and
(d) the person does not tell the Department of the occurrence of the event
or change in circumstances within the notification period in accordance with the
notice; and
(e) because of the occurrence of the event or the change in
circumstances:
(i) the person ceases to be qualified for the austudy payment;
or
(ii) the austudy payment ceases to be payable to the person;
the austudy payment ceases to be payable to the person immediately before
the day on which the event or change in circumstances occurs.
Austudy payment ceases to be payable
(1) If:
(a) a person who is receiving an austudy payment is given a notice under
section 586C requiring the person to give the Department a statement;
and
(b) the notice relates to the payment of the austudy payment in respect of
a period stated in the notice; and
(c) the person does not comply with the notice;
then, subject to subsection (2), the austudy payment ceases to be payable
to the person as from the first day in that period.
Secretary may determine that austudy payment continues
(2) If the Secretary is satisfied that, in the special circumstances of
the case, it is appropriate to do so, the Secretary may determine in writing
that subsection (1) does not apply to the person from a day stated in the
determination.
Stated day
(3) The day stated under subsection (2) may be before or after the making
of the determination.
If:
(a) a person is receiving an austudy payment on the basis of data in a
computer; and
(b) the austudy payment is automatically terminated by the operation of a
provision of this Act; and
(c) the automatic termination is given effect to by the operation of a
computer program approved by the Secretary stopping payment of the austudy
payment;
there is taken to be a decision by the Secretary that the automatic
termination provision applies to the person’s austudy payment.
Note: The decision that is taken to have been made is a
decision of an officer for the purposes of review by the Secretary (see sections
1239 and 1240) and the Social Security Appeals Tribunal (see section
1247).
If:
(a) a person is receiving an austudy payment; and
(b) the person’s partner starts to receive:
(i) a social security pension or social security benefit; or
(ii) a service pension; and
(c) the person’s austudy payment rate is reduced because of the
partner’s receipt of that pension or benefit;
the austudy payment becomes payable to the person at the reduced rate on
the day on which the partner starts to receive that pension or
benefit.
If:
(a) a person who is receiving an austudy payment is given a notice under
section 586B; and
(b) the notice requires the person to tell the Department of the
occurrence of an event or change in circumstances within a stated period
(notification period); and
(c) the event or change in circumstances occurs; and
(d) the person tells the Department of the occurrence of the event or
change in circumstances within the notification period in accordance with the
notice; and
(e) because of the occurrence of the event or change in circumstances, the
person’s rate of austudy payment is to be reduced; and
(f) the person’s rate of austudy payment is not reduced before the
end of the notification period;
the austudy payment becomes payable to the person at the reduced rate
immediately after the end of the notification period.
If:
(a) a person who is receiving an austudy payment is given a notice under
section 586B; and
(b) the notice requires the person to tell the Department of the
occurrence of an event or change in circumstances within a stated period
(notification period); and
(c) the event or change in circumstances occurs; and
(d) the person does not tell the Department of the occurrence of the event
or change in circumstances within the notification period in accordance with the
notice; and
(e) because of the occurrence of the event or change in circumstances, the
person’s rate of austudy payment is to be reduced;
the austudy payment becomes payable to the person at the reduced rate
immediately before the day on which the event or change in circumstances
occurs.
If:
(a) a person is receiving an austudy payment on the basis of data in a
computer; and
(b) the austudy payment rate is automatically reduced by the operation of
a provision of this Act; and
(c) the automatic reduction is given effect to by the operation of a
computer program approved by the Secretary reducing the rate of payment of the
austudy payment;
there is taken to be a decision by the Secretary that the automatic rate
reduction provision applies to the person’s austudy payment.
Note: The decision that is taken to have been made is a
decision of an officer for the purposes of review by the Secretary (see sections
1239 and 1240) and the Social Security Appeals Tribunal (see section
1247).
If the Secretary is satisfied that the rate at which an austudy payment
is being, or has been, paid is less than the rate provided for by this Act, the
Secretary is to determine that the rate is to be increased to the rate stated in
the determination.
Note: For the date of effect of a determination under this
section see section 591.
If the Secretary is satisfied that the rate at which an austudy payment
is being, or has been, paid is more than the rate provided for by this Act, the
Secretary is to determine that the rate is to be reduced to the rate stated in
the determination.
Note 1: A determination under this section is not necessary
if an automatic rate reduction is produced by section 589B (see subsection
587(2)).
Note 2: For the date of effect of a determination under this
section see section 591A.
If the Secretary is satisfied that an austudy payment is being, or has
been, paid to a person to whom it is not, or was not, payable under this Act,
the Secretary is to determine that the austudy payment is to be cancelled or
suspended.
Note 1: A determination under this section is not necessary
if an automatic termination is produced by section 588, 588A, 588B, 588C or 588D
(see subsection 587(1)).
Note 2: For the date of effect of a determination under this
section see section 591A.
If:
(a) a person who is receiving an austudy payment is given a notice under
section 586C, 1304 or 1305; and
(b) the person does not comply with the requirements set out in the
notice;
the Secretary may determine that the austudy payment is to be cancelled or
suspended.
Note 1: This section will not apply if section 588B or 590B
applies.
Note 2: For the date of effect of a determination under this
section see section 591A.
If:
(a) payment of an austudy payment to a person is based upon data in a
computer; and
(b) the austudy payment rate is increased or reduced, or the austudy
payment is cancelled or suspended, because of the operation of a computer
program approved by the Secretary; and
(c) the program causes the change for a reason for which the Secretary
could determine the change;
the change is taken to have been made because of a determination by the
Secretary for that reason.
Note: The determination that is taken to have been made is a
decision of an officer for the purposes of review by the Secretary (see sections
1239 and 1240) and the Social Security Appeals Tribunal (see section
1247).
Secretary to determine austudy payment payable
(1) If the Secretary:
(a) cancels or suspends a person’s austudy payment under section
590B or 590C; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that because of the decision to cancel or
suspend:
(i) the person did not receive an austudy payment that was payable to the
person; or
(ii) the person is not receiving an austudy payment that is payable to the
person;
the Secretary is to determine that an austudy payment was or is payable to
the person.
Reconsideration on application or Secretary’s
initiative
(2) The reconsideration referred to in paragraph (1)(b) may be a
reconsideration on an application under section 1240 for review or a
reconsideration on the Secretary’s own initiative.
Note: For the date of effect of a determination under this
section see section 591.
Method of working out date
(1) The day on which a determination under section 590 or 590E
(favourable determination) takes effect is worked out in
accordance with this section.
Notified decision—review sought within 3 months
(2) If:
(a) a decision (previous decision) is made in relation to an
austudy payment; and
(b) a notice is given to the person to whom the austudy payment is payable
telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3
months after the notice is given, for review of the previous decision;
and
(d) a favourable determination is made as a result of the application for
review;
the determination takes effect on the day on which the previous decision
took effect.
Notified decision—review sought after 3 months
(3) If:
(a) a decision (previous decision) is made in relation to an
austudy payment; and
(b) a notice is given to the person to whom the austudy payment is payable
telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 more than 3
months after the notice is given, for review of the previous decision;
and
(d) a favourable determination is made as a result of the application for
review;
the determination takes effect on the day on which the person sought the
review.
Decision not notified
(4) If:
(a) a decision (previous decision) is made in relation to an
austudy payment; and
(b) no notice is given to the person to whom the austudy payment is
payable telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of
the previous decision; and
(d) a favourable determination is made as a result of the application for
review;
the determination takes effect on the day on which the previous decision
took effect.
Notified change of circumstances
(5) If the favourable determination is made following a person having told
the Department of a change in circumstances, the determination takes effect on
the day on which the Department was told or the day on which the change
occurred, whichever is the later.
Other determinations
(6) In any other case, the favourable determination takes effect on the
day on which the determination was made or on any later day or earlier day
(other than a day more than 3 months before the determination was made) that is
stated in the determination.
General
(1) The day on which a determination under section 590A, 590B or 590C
(adverse determination) takes effect is worked out in accordance
with this section.
Note: If the adverse determination depends on a discretion
or opinion and a person affected by the determination applies for review, the
Secretary may continue payment pending the outcome of the review (see section
1241 (internal review) and section 1251 (review by Social Security Appeals
Tribunal)).
Date determination takes effect
(2) Subject to subsection (9), the adverse determination takes effect
on:
(a) the day on which the determination is made; or
(b) if another day is stated in the determination—that
day.
Later date than determination
(3) Subject to subsections (4), (5), (6), (7) and (8), the day stated
under paragraph (2)(b) must be later than the day on which the determination is
made.
Contravention of Act by person whose austudy payment is
affected
(4) If:
(a) the person whose austudy payment is affected by the adverse
determination has contravened a provision of this Act (other than section 586C,
1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the
determination;
the day stated under paragraph (2)(b) may be earlier than the day on which
the determination is made.
False statement or misrepresentation—suspension or
cancellation
(5) If:
(a) a person has made a false statement or a misrepresentation;
and
(b) because of the false statement or misrepresentation, austudy payment
has been paid to a person when it should have been cancelled or
suspended;
the day stated under paragraph (2)(b) may be earlier than the day on which
the determination is made.
False statement or misrepresentation—rate reduction
(6) If:
(a) a person has made a false statement or a misrepresentation;
and
(b) because of the false statement or misrepresentation, the rate at which
austudy payment was paid to a person was more than it should have
been;
the day stated under paragraph (2)(b) may be earlier than the day on which
the determination is made.
Payment of arrears of periodic compensation—suspension or
cancellation
(7) If:
(a) an adverse determination is made in relation to a person because of
point 1067G-H25 (payment of arrears of periodic compensation payments);
and
(b) an austudy payment has been paid to the person or the person’s
partner when, because of the payment of arrears of periodic compensation,
austudy payment should have been cancelled or suspended;
the day stated under paragraph (2)(b) may be earlier than the day on which
the determination is made.
Payment of arrears of periodic compensation payments—rate
reduction
(8) If:
(a) an adverse determination is made in relation to a person because of
point 1067G-H25 (payment of arrears of periodic compensation payments);
and
(b) the rate at which austudy payment was paid to the person or the
person’s partner was, because of the payment of arrears of periodic
compensation, more than the rate at which austudy payment should have been
paid;
the day stated under paragraph (2)(b) may be earlier than the day on which
the determination is made.
Section 586C statements
(9) If the adverse determination is made following a person having given
the Department a statement about a matter in accordance with section 586C, the
determination takes effect on the day on which the matter arose.
Qualification for payment
(1) If:
(a) a person is receiving an austudy payment; and
(b) the person is a long-term social security recipient; and
(c) the person is a member of a couple; and
(d) the person’s partner dies; and
(e) immediately before the partner died, the partner:
(i) was receiving a social security pension; or
(ii) was receiving a service pension; or
(iii) was a long-term social security recipient; and
(f) on the person’s payday immediately before the first available
bereavement adjustment payday, the amount that would be payable to the person if
the person were not qualified for payments under this Division is less than the
sum of:
(i) the amount that would otherwise be payable to the person under section
592C (person’s continued rate) on that payday; and
(ii) the amount (if any) that would otherwise be payable to the person
under section 592A (continued payment of partner’s pension or benefit) on
the partner’s payday immediately before the first available bereavement
adjustment payday;
the person is qualified for payments under this Division to cover the
bereavement period.
Note 1: Section 592A provides for the payment to the person,
up to the first available bereavement adjustment payday, of amounts equal to the
instalments that would have been paid to the person’s partner during that
period if the partner had not died.
Note 2: Section 592B provides for a lump sum that represents
the instalments that would have been paid to the person’s partner, between
the first available bereavement adjustment payday and the end of the bereavement
period, if the partner had not died.
Note 3: For first available bereavement
adjustment payday and bereavement period see section
21.
Choice not to receive payments
(2) A person who is qualified for payments under this Division may choose
not to receive payments under this Division.
Form of choice
(3) A choice under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under
this Division; and
(c) cannot be withdrawn after the Department has taken all the action
required to give effect to that choice.
Rate during bereavement period
(4) If a person is qualified for payments under this Division in relation
to the partner’s death, the rate at which austudy payment is payable to
the person during the bereavement period is, unless the person has made a choice
under subsection (2), governed by section 592C.
If a person is qualified for payments under this Division in relation to
the death of the person’s partner, there is payable to the person, on each
of the partner’s paydays in the bereavement rate continuation period, an
amount equal to the amount that would have been payable to the partner on that
payday if the partner had not died.
Note: For bereavement rate continuation period
see section 21.
If:
(a) a person is qualified for payments under this Division in relation to
the death of the person’s partner; and
(b) the first available bereavement adjustment payday occurs before the
end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the
lump sum calculator at the end of this section.
Lump sum calculator
Method statement
Step 1. Add up:
(a) the amount that, if the person’s partner had not died, would
have been payable to the person on the person’s payday immediately before
the first available bereavement adjustment payday; and
(b) the amount (if any) that, if the partner had not died, would have been
payable to the partner on the partner’s payday immediately before the
first available bereavement adjustment payday;
the result is the combined rate.
Step 2. Work out the amount that, apart from section 592C, would
have been payable to the person on the person’s payday immediately before
the first available bereavement adjustment payday: the result is the
person’s individual rate.
Step 3. Take the person’s individual rate away from the
combined rate: the result is the partner’s instalment
component.
Step 4. Work out the number of the partner’s paydays in
the bereavement lump sum period.
Step 5. Multiply the partner’s instalment component by the
number obtained in Step 4: the result is the amount of the lump sum payable to
the person under this section.
If:
(a) a person is qualified for payments under this Division; and
(b) the person does not elect under subsection 592(2) not to receive
payments under this Division;
the rate of the person’s austudy payment during the bereavement
period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of austudy
payment payable to the person is the rate at which the austudy payment would
have been payable to the person if the person’s partner had not
died;
(d) during the bereavement lump sum period (if any), the rate at which
austudy payment is payable to the person is the rate at which austudy payment
would be payable to the person apart from this Division.
If:
(a) a person is qualified for payments under this Division in relation to
the death of the person’s partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person’s
partner before the person dies;
there is payable, to any person that the Secretary thinks appropriate, as a
lump sum, an amount worked out using the lump sum calculator at the end of this
section.
Lump sum calculator
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor the person’s partner
had died, would have been payable to the person on the person’s payday
immediately after the day on which the person dies; and
(b) the amount (if any) that, if neither the person nor the person’s
partner had died, would have been payable to the person’s partner on the
partner’s payday immediately after the day on which the person
died;
the result is the combined rate.
Step 2. Work out the amount that, apart from section 592C, would
have been payable to the person on the person’s payday immediately after
the day on which the person died if the person had not died: the result is the
person’s individual rate.
Step 3. Take the person’s individual rate away from the
combined rate: the result is the partner’s instalment
component.
Step 4. Work out the number of paydays of the partner in the period
that begins on the day after the person dies and ends on the day on which the
bereavement period ends.
Step 5. Multiply the partner’s instalment component by the
number obtained in Step 4: the result is the amount of the lump sum payable
under this section.
Recovery/reduction of amount payable
(1) If:
(a) a person is qualified for payments under this Division in relation to
the death of the person’s partner; and
(b) after the person’s partner died, an amount to which the partner
would have been entitled if the partner had not died has been paid under this
Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit
of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the
person or from the personal representative of the person’s partner, except
to the extent (if any) that the amount is more than the amount payable to the
person under this Division;
(e) the amount payable to the person under this Division is to be reduced
by the amount referred to in paragraph (b).
Financial institution not liable
(2) If:
(a) a person is qualified for payments under this Division in relation to
the death of the person’s partner; and
(b) the amount to which the person’s partner would have been
entitled if the person’s partner had not died has been paid under this Act
or under Part III of the Veterans’ Entitlements Act, within the
bereavement period, into an account with a bank, credit union or building
society (financial institution); and
(c) the financial institution pays to the person, out of the account, an
amount not more than the total of the amounts paid as mentioned in paragraph
(b);
the financial institution is, despite anything in any other law, not liable
to any action, claim or demand by the Commonwealth, the personal representative
of the person’s partner or anyone else in respect of the payment of that
money to the person.
7 After Part 3.5
Insert:
In this Part:
living at home has the meaning given by section
1067J.
long term income support student has the meaning given by
section 1067K.
A person lives at home if the person lives at the home of
either or both of his or her parents.
Note: For
parent see section 5 (paragraph (a) of the definition of
parent).
(1) A person is a long term income support student if the
person:
(a) is not a member of a couple; and
(b) does not have a dependent child; and
(c) is undertaking study (whether as a full-time student or as a
concessional study-load student) in respect of a course of education that the
person has commenced after turning 21; and
(d) has, for at least 26 out of the preceding 39 weeks, been receiving one
or more of the following:
(i) newstart allowance;
(ii) sickness allowance;
(iii) special benefit;
(iv) disability support pension;
(v) wife pension;
(vi) carer payment;
(vii) bereavement allowance;
(viii) disability wage supplement;
(ix) pension PP (single);
(x) sole parent pension;
(xi) benefit parenting allowance;
(xii) benefit PP (partnered).
Note 1: For dependent child see subsections
5(2) to (9).
Note 2: For full-time student and
concessional study-load student see sections 569C and
569D.
(2) A person is also a long term income support student if
the person:
(a) is not a member of a couple; and
(b) does not have a dependent child; and
(c) does not have English as a first language; and
(d) is undertaking a course in English, being a course that the Secretary
has approved.
Note: For
dependent child see subsections 5(2) to
(9).
Austudy Payment Rate Calculator
(1) The rate of austudy payment of a person referred to in subsection
581(1) is to be calculated in accordance with the Rate Calculator in this
section.
Limit on rate of payment
(2) If:
(a) a person is living with another person as the spouse of the 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 under the age of consent
that applies in the State or Territory in which they are living;
the rate of the person’s austudy payment is not to be more than the
rate at which the austudy payment would be payable to the person if the other
person were the person’s partner.
Method of calculating rate
1067L-A1 The rate of payment 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. Add up the amounts obtained in Steps 1 to 2: the result is
the maximum payment rate.
Step 4. Apply the income test using Module D below to work out the
person’s income reduction.
Step 5. Take away the person’s income reduction from the
maximum payment rate: the result is the provisional payment
rate.
Note: If a person’s rate is reduced under this step,
the order in which the reduction is to be made is laid down by section 1207
(maximum basic rate first, then pharmaceutical allowance).
Step 6. The rate of payment is the difference between:
(a) the provisional payment rate; and
(b) any advance payment deduction (see Part 3.16A);
plus any applicable amount of remote area allowance (see Module F
below).
Maximum basic rate
1067L-B1 A person’s maximum basic rate is to be worked out as
follows:
(a) if the person is not a long term income support student (see section
1067K)—use Table BA;
(b) if the person is a long term income support student—use Table
BB.
Person who is not a long term income support student
1067L-B2 If the person is not a long term income support student (see
section 1067K), work out whether the person:
(a) lives at home (see section 1067J); and
(b) is a member of a couple (see section 4); and
(c) has a dependent child (see subsections 5(2) to (9)).
The person’s maximum basic rate is the amount in column 3 of the
table that corresponds to the person’s situation as described in column 2
of the table.
|
Table BA—Maximum basic rates (persons who are not long term income
support students) |
||
|---|---|---|
|
Column 1 Item |
Column 2 Person’s situation |
Column 3 Rate |
|
1 |
Does not have a dependent child and lives at home |
$174.80 |
|
2 |
Does not have a dependent child and does not live at home |
$265.50 |
|
3 |
Has a dependent child and is not a member of a couple |
$347.80 |
|
4 |
Has a dependent child and is a member of a couple |
$291.60 |
Note: The rates in column 3 are indexed annually in line
with CPI increases (see sections 1191 to 1194).
Long term income support student
1067L-B3 If the person is a long term income support student (see section
1067K), work out whether the person lives at home (see section 1067J). The
person’s maximum basic rate is the amount in column 3 of the table that
corresponds to the person’s situation as described in column 2 of the
table.
|
Table BB—Maximum basic rates (long term income support
students) |
||
|---|---|---|
|
Column 1 Item |
Column 2 Person’s situation |
Column 3 Rate |
|
1 |
Lives at home |
$214.60 |
|
2 |
Does not live at home |
$322.40 |
Note: The rates in column 3 are indexed annually in line
with CPI increases (see sections 1191 to 1194).
Qualification for pharmaceutical allowance
1067L-C1 Subject to point 1067L-C2, an amount by way of pharmaceutical
allowance is to be added to a person’s maximum basic rate if:
(a) the person is in Australia; and
(b) the person has turned 60; and
(c) the person has been receiving income support payments in respect of a
continuous period of at least 9 months (whether or not the kind of payment
received has changed over the period and whether the period or any part of it
occurred before or after the commencement of this paragraph).
Note 1: For income support payment see
subsection 23(1).
Note 2: For the determination of the continuous period in
respect of which a person received income support payments see section
38B.
No pharmaceutical allowance if partner receiving pharmaceutical
allowance under the Veterans’ Entitlements Act and not a service
pensioner
1067L-C2 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
1067L-C3 The amount of pharmaceutical allowance is the amount per
fortnight worked out using the following table:
|
Table C—Pharmaceutical allowance amounts |
||
|---|---|---|
|
Column 1 Item |
Column 2 Person’s family situation |
Column 3 Amount per fortnight |
|
1 |
Not a member of a couple |
$5.40 |
|
2 |
Partnered |
$2.70 |
|
3 |
Member of an illness separated couple |
$5.40 |
|
4 |
Member of a respite care couple |
$5.40 |
|
5 |
Partnered (partner getting service pension) |
$2.70 |
|
6 |
Partnered (partner in gaol) |
$5.40 |
Note 1: For member of a couple,
partnered, illness separated couple, respite
care couple and partnered (partner in gaol) see section
4.
Note 2: The amounts in column 3 are indexed or adjusted
annually in line with CPI increases on 1 January (see sections 1191 to 1194 and
1206A).
Effect of ordinary income on maximum payment rate
1067L-D1 This is how to work out the effect of:
(a) a person’s ordinary income; and
(b) the ordinary income of a partner of the person;
on the person’s maximum payment rate:
Method statement
Step 1. Work out the amount of the person’s ordinary income on
a fortnightly basis (where appropriate, taking into account the matters provided
for in points 1067L-D2 to 1067L-D24).
Note: The person’s ordinary income may be reduced
under Module E below (student income bank).
Step 2. If the person is a member of a couple, work out the partner
income free area using point 1067L-D25.
Note: The partner income free area is the maximum amount of
ordinary income the person’s partner can have without affecting the
person’s benefit.
Step 3. Use point 1067L-D26 to work out the person’s partner
income excess. (If there is no partner income excess under that point, the
person’s partner income excess is taken to be nil.)
Step 4. Use the person’s partner income excess to work out the
person’s partner income reduction using point 1067L-D27.
Step 5. Use point 1067L-D29 to work out the person’s ordinary
income excess. (If there is no ordinary income excess under that point, the
person’s ordinary income excess is taken to be nil.)
Step 6. Use the person’s ordinary income excess to work out
the person’s ordinary income reduction using points 1067L-D30, 1067L-D31
and 1067L-D32.
Step 7. Add the person’s partner income reduction and ordinary
income reduction: the result is the person’s income
reduction referred to in Step 4 of the Method statement in point
1067L-A1.
Note 1: For ordinary income see subsection
8(1).
Note 2: The application of the income test is affected by
provisions concerning the following:
(a) the general concept of ordinary income (sections 1072
and 1073);
(b) business income (sections 1074 and
1075);
(c) deemed income from financial assets (sections 1076 to
1084A);
(d) income from income streams (sections 1096 to
1099D);
(e) disposal of income (sections 1106 to
1112).
Ordinary income of members of certain couples
1067L-D2 If a person is a member of a couple and the person’s
partner is receiving a social security pension, a service pension or a
rehabilitation allowance, the person’s ordinary income is taken to be one
half of the sum of:
(a) the amount that would be the person’s ordinary income if he or
she were not a member of a couple; and
(b) the amount that would be the ordinary income of the person’s
partner if the partner were not a member of a couple.
Termination payments
1067L-D3 Subject to points 1067L-D4 to 1067L-D16 (inclusive),
if:
(a) a person’s employment has been terminated; and
(b) as a result the person is entitled to a lump sum payment from the
person’s former employer;
the person is taken to have received the lump sum payment on the day on
which the person’s employment was terminated.
Rolling over lump sum leave payments
1067L-D4 If:
(a) a person’s employment has been terminated; and
(b) as a result the person is entitled to a lump sum leave payment from
the person’s former employer; and
(c) the person rolls over the lump sum leave payment into an approved
deposit fund, a superannuation fund or a deferred annuity;
the lump sum leave payment is to be disregarded in working out the ordinary
income of the person for the purposes of this Module.
Certain leave payments taken to be ordinary income—employment
continuing
1067L-D5 If:
(a) a person is employed; and
(b) the person is on leave for a period; and
(c) the person is or was entitled to receive a leave payment (whether as a
lump sum payment, as a payment that is one of a series of regular payments or
otherwise) in respect of a part or all of a leave period;
the person is taken to have received ordinary income for a period (the
income maintenance period) equal to the leave period to which the
leave payment entitlement relates.
Certain leave payments taken to be ordinary income—employment
terminated
1067L-D6 If:
(a) a person’s employment has been terminated; and
(b) the person receives a leave payment (whether as a lump sum payment, as
a payment that is one of a series of regular payments or otherwise);
the person is taken to have received ordinary income for a period (the
income maintenance period) equal to the leave period to which the
payment relates.
More than one leave payment on a day
1067L-D7 If:
(a) the person is covered by point 1067L-D6; and
(b) the person receives more than one leave payment on a day;
the income maintenance period is worked out by adding the leave periods to
which the payments relate.
Start of income maintenance period—employment
continuing
1067L-D8 If the person is covered by point 1067L-D5, the income
maintenance period starts on the first day of the leave period to which the
leave payment entitlement relates.
Start of income maintenance period—employment
terminated
1067L-D9 If the person is covered by point 1067L-D6, the income
maintenance period starts, subject to point 1067L-D10, on the day on which the
person is paid the leave payment.
Commencement of income maintenance period where there is a second leave
payment—employment terminated
1067L-D10 If:
(a) a person who is covered by point 1067L-D6 is subject to an income
maintenance period (the first period); and
(b) the person is paid another leave payment during that period (the
second leave payment);
the income maintenance period for the second leave payment starts on the
day after the end of the first period.
Leave payments in respect of periods longer than a
fortnight
1067L-D11 If:
(a) a person receives a leave payment; and
(b) the payment is in respect of a period of leave longer than a
fortnight;
the person is taken to receive in a payment fortnight or part of a payment
fortnight an amount calculated by:
(c) dividing the amount received by the number of days in the period of
leave to which the payment relates (daily rate); and
(d) multiplying the daily rate by the number of days in the payment
fortnight that are also in the period of leave.
Secretary may determine in certain circumstances that the whole or a
part of an income maintenance period does not apply
1067L-D12 The Secretary may determine that the whole or any part of an
income maintenance period that would, apart from this point, apply to the
person, does not apply to the person if the Secretary is satisfied
that:
(a) the application of the income maintenance period to the person would
cause the person severe financial hardship; and
(b) the circumstances that would cause the severe financial hardship were
not reasonably foreseeable by the person.
When a person receives a leave payment
1067L-D13 For the purposes of points 1067L-D4 to 1067L-D12 (inclusive), a
person (first person) is taken to receive a leave payment
if:
(a) the payment is made to another person:
(i) at the direction of the first person or a court; or
(ii) on behalf of the first person; or
(iii) for the benefit of the first person; or
(b) the first person waives or assigns his or her right to receive the
payment.
Single payment in respect of different kinds of leave—employment
terminated
1067L-D14 If a person who is covered by point 1067L-D6 receives a single
payment in respect of different kinds of leave, then, for the purposes of the
application of points 1067L-D4 to 1067L-D13 (inclusive):
(a) each part of the payment that is in respect of a different kind of
leave is taken to be a separate payment; and
(b) the income maintenance period in respect of the single payment is
worked out by adding the leave periods to which the separate payments
relate.
Definitions
1067L-D15 In points 1067L-D4 to 1067L-D14 (inclusive):
payment fortnight means a fortnight in respect of which an
austudy payment is paid, or would be paid apart from the application of an
income maintenance period, to a person.
roll-over, in relation to a lump sum leave
payment, has the meaning that roll-over has in section 27D of the
Income Tax Assessment Act 1936 in relation to an eligible termination
payment.
Meaning of leave payment
1067L-D16 In points 1067L-D4 to 1067L-D15 (inclusive):
leave payment includes a payment in respect of sick leave,
annual leave, maternity leave and long service leave.
Ordinary income includes certain periodical payments from
relatives
1067L-D17 Subject to point 1067L-D18 (and despite paragraph 8(8)(z)), a
person’s ordinary income for the purposes of this Module includes a
periodical payment or benefit by way of gift or allowance from the father,
mother, son, daughter, brother or sister of the person.
Board and lodging
1067L-D18 A person’s ordinary income is not to include a payment to
the person for board or lodging provided by the person to the person’s
father, mother, son, daughter, brother or sister.
Ordinary income generally taken into account when first earned, derived
or received
1067L-D19 Subject to points 1067L-D20, 1067L-D21, 1067L-D23 and 1067L-D24
and section 1073, ordinary income is to be taken into account in the fortnight
in which it is first earned, derived or received.
Claimant or recipient receives lump sum amount for remunerative
work
1067L-D20 If a person whose claim for austudy payment has been granted
receives, after the claim was made, a lump sum amount that:
(a) is paid to him or her in relation to remunerative work; and
(b) is not a payment to which point 1067L-D21 applies; and
(c) is not an exempt lump sum;
the person is, for the purposes of this Module, taken to receive one
fifty-second of that amount as ordinary income during each week in the 12 months
commencing on the day on which the person becomes entitled to receive that
amount.
Partner of claimant or recipient receives lump sum amount for
remunerative work
1067L-D21 If:
(a) a person whose claim for austudy payment has been granted is a member
of a couple; and
(b) after the person has made the claim, the person’s partner
receives a lump sum amount that:
(i) is paid to him or her in relation to remunerative work; and
(ii) is not a payment to which point 1067L-D23 applies; and
(iii) is not an exempt lump sum;
the partner is, for the purposes of this Module, taken to receive one
fifty-second of that amount as ordinary income during each week in the 12 months
commencing on the day on which the partner becomes entitled to receive that
amount.
Operation of points 1067L-D20 and 1067L-D21
1067L-D22 Points 1067L-D20 and 1067L-D21 have effect even if the person
who has made the claim is, during the period of 12 months referred to in those
points, subject to a liquid assets test waiting period, or an income maintenance
period, in respect of the allowance claimed.
Ordinary income received at intervals longer than one
fortnight
1067L-D23 Subject to points 1067L-D4 to 1067L-D16 (inclusive),
if:
(a) a person receives a number of ordinary income payments; and
(b) each payment is in respect of a period (work period)
that is greater than a fortnight; and
(c) there is reasonable predicability or regularity as to the timing of
the payments; and
(d) there is reasonable predicability as to the quantum of the
payments;
the person is taken to receive in a fortnight falling within, or
overlapping with, a work period an amount calculated by:
(e) dividing the amount received by the number of days in the work period
(daily rate); and
(f) multiplying the daily rate by the number of days in the fortnight that
are also within the work period.
Payment of arrears of periodic compensation payments
1067L-D24 If:
(a) at the time of an event that gives rise to an entitlement of a person
to compensation, the person is receiving an austudy payment; and
(b) in relation to that entitlement, the person receives a payment of
arrears of periodic compensation;
the person is taken to receive, in a fortnight falling within, or
overlapping with, the periodic payments period, an amount calculated
by:
(c) dividing the amount received by the number of days in the periodic
payments period (daily rate); and
(d) multiplying the daily rate by the number of days in the fortnight that
are also within the periodic payments period.
Note: For periodic payments period see section
17.
Partner income free area
1067L-D25 The partner income free area for a person is:
(a) if the person’s partner is not receiving a social security
benefit and has not turned 21—the amount of income of the partner (rounded
up to the nearest dollar) beyond which youth allowance would not be payable to
the partner if the partner were qualified for a youth allowance and were not
undertaking full-time study (see section 541B); or
(b) if the person’s partner is not receiving a social security
benefit and has turned 21—the amount of income of the partner (rounded up
to the nearest dollar) beyond which newstart allowance would not be payable to
the partner if the partner were qualified for a newstart allowance; or
(c) if the person’s partner is receiving a social security
benefit—the amount of income of the partner (rounded up to the nearest
dollar) beyond which that benefit would not be payable to the partner.
Partner income excess
1067L-D26 If:
(a) a person is a member of a couple; and
(b) the person’s partner is not receiving a social security pension,
service pension or a rehabilitation allowance; and
(c) the partner’s ordinary income exceeds the partner income free
area for the partner;
then:
(d) the person has a partner income excess; and
(e) the person’s partner income excess is the amount by which the
partner’s ordinary income exceeds the partner income free area.
Partner income reduction
1067L-D27 If a person has a partner income excess, the person’s
partner income reduction is an amount equal to 70% of the person’s partner
income excess.
Example:
Facts: Alice’s partner Martin has an ordinary income
of $612. Assume that the partner income free area under point 1067L-D25 is
$462.
Result: Martin’s ordinary income exceeds the partner
income free area. Alice therefore has a partner income excess under point
1067L-D26 of:
Alice’s partner income reduction under point
1067L-D27 is therefore:
Ordinary income free area
1067L-D28 A person’s ordinary income free area is $230.
Ordinary income excess
1067L-D29 If a person’s ordinary income exceeds the person’s
ordinary income free area:
(a) the person has an ordinary income excess; and
(b) the person’s ordinary income excess is the amount by which the
person’s ordinary income exceeds the person’s ordinary income free
area.
Ordinary income reduction
1067L-D30 If a person has an ordinary income excess, the person’s
ordinary income reduction is the sum of:
(a) the person’s lower range reduction (if any) (see point
1067L-D31); and
(b) the person’s upper range reduction (if any) (see point
1067L-D32).
Lower range reduction
1067L-D31 The person’s lower range reduction is an amount equal to
50% of the part of the person’s ordinary income excess that does not
exceed $80.
Upper range reduction
1067L-D32 The person’s upper range reduction is an amount equal to
70% of the part (if any) of the person’s ordinary income excess that
exceeds $80.
Example:
Facts: Further to the example at the end of point 1067L-D27,
Alice has ordinary income of $265.
Result: Alice’s ordinary income free area under point
1067L-D28 is $230.
Her ordinary income exceeds her ordinary income free area.
She therefore has an ordinary income excess under point 1067L-D29
of:
Because her ordinary income excess does not exceed
$80:
(a) her lower range reduction under point 1067L-D31
is:
(b) there is no upper range reduction under point
1067L-D32.
Her ordinary income reduction under point 1067L-D30 is
therefore $17.50.
Alice’s income reduction referred to in Step 4 of
point 1067L-A1 is:
Student income bank
1067L-E1 A person’s ordinary income under Module D may be reduced
under this Module. This diagram sets out how to work out:
(a) whether the person’s ordinary income for a particular fortnight
in respect of which austudy payment may be payable to the person, is to be
reduced; and
(b) if it is to be reduced, the amount of the reduction.
Income bank credit
1067L-E2 A person’s income bank credit for a particular income bank
fortnight of the person is to be worked out as follows:
Method statement
Step 1. Assume that the person’s income bank credit, at the
time this Module starts applying to the person, is an opening balance of
zero.
Step 2. If, for the person’s first income bank fortnight, the
person has an income credit under point 1067L-E3, add it to the opening
balance.
Step 3. For each subsequent income bank fortnight of the person, up
to but not including the fortnight in question, either:
(a) if the person has an income credit for that fortnight under point
1067L-E3—add it to the balance of the person’s income bank credit in
respect of all the previous fortnights, but not so as to increase the balance
beyond $6,000; or
(b) if the person has, in respect of that fortnight, drawn from the
person’s income bank credit under point 1067L-E4—deduct from that
balance the amount drawn, but not so as to reduce the balance below
zero.
The result is the person’s income bank credit for the fortnight in
question.
Income credit
1067L-E3 For the purposes of point 1067L-E2, if the amount that would,
apart from this Module, be the person’s ordinary income for an income bank
fortnight of the person is less than $230:
(a) the person has an income credit for that fortnight; and
(b) the income credit is an amount equal to the difference between $230
and the first-mentioned amount.
Drawing from income bank credit
1067L-E4 For the purposes of point 1067L-E2, if the amount that would,
apart from this Module, be the person’s ordinary income for an income bank
fortnight of the person is greater than $230:
(a) the person is taken to have drawn from the person’s income bank
credit in respect of that fortnight; and
(b) the amount drawn is taken to be an amount equal to the difference
between the first-mentioned amount and $230.
Income bank fortnight
1067L-E5 For the purposes of this Module, an income bank fortnight of a
person is any fortnight in respect of which an austudy payment may be payable to
the person.
Remote area allowance—person physically in remote
area
1067L-F1 An amount by way of remote area allowance is to be added to a
person’s rate of austudy payment if:
(a) the person’s rate of austudy payment apart from this point is
greater than nil; and
(b) the person’s usual place of residence is situated in the remote
area; and
(c) the person is physically present in the remote area.
Note 1: For remote area see subsection
14(1).
Note 2: A person may be considered to be physically present
in a remote area during temporary absences (see subsection
14(2)).
Rate of remote area allowance
1067L-F2 A person’s rate of remote area allowance is worked out
using Table F. Work out which family situation in the table applies to the
person. The rate of remote area allowance is the corresponding amount in column
3 plus the additional corresponding amount in column 4 for each child of the
person, being a child to whom point 1067L-F8 applies.
|
Table F—Remote area allowance |
|||
|---|---|---|---|
|
Column 1 Item |
Column 2 Person’s family situation |
Column 3 Basic allowance |
Column 4 Additional allowance for each child |
|
1 |
Not a member of a couple |
$17.50 |
$7.00 |
|
2 |
Partnered |
$15.00 |
$7.00 |
|
3 |
Member of an illness separated couple |
$17.50 |
$7.00 |
|
4 |
Partnered (partner in gaol) |
$17.50 |
$7.00 |
Note: For member of a couple,
partnered, illness separated couple and partnered
(partner in gaol) see section 4.
Meaning of remote area allowance
1067L-F3 In Table F, remote area allowance means an amount added to a
person’s austudy payment by way of remote area allowance.
In remote area
1067L-F4 For the purposes of Table F, a person is in the remote area
if:
(a) the person’s usual place of residence is in the remote area;
and
(b) the person is physically present in the remote area.
Children must be physically present in Australia
1067L-F5 A person’s remote area allowance is not to include
additional allowance for a child unless the child is physically present in
Australia.
Special rule if partner has a child but is not receiving a
pension
1067L-F6 If:
(a) an additional allowance is to be included in the rate of remote area
allowance for a person who is a member of a couple; and
(b) the person’s partner is not receiving a social security pension
or social security benefit; and
(c) the person’s partner has a child to whom point 1067L-F8
applies;
the child is taken, for the purposes of this Module, to be a child of the
person, being a child to whom point 1067L-F8 applies.
Special rule if partner has a child but is not receiving additional
allowance for the child
1067L-F7 If:
(a) an additional allowance is to be included in the rate of remote area
allowance for a person who is a member of a couple; and
(b) the person’s partner has a child to whom point 1067L-F8 applies;
and
(c) the person’s partner is not receiving additional allowance for
the child;
the child is taken, for the purposes of this Module, to be a child of the
person, being a child to whom point 1067L-F8 applies.
Child to whom this point applies
1067L-F8 This point applies to a dependent child in respect of whom family
allowance is payable at a rate exceeding the minimum family allowance
rate.
Note 1: For dependent child see subsections
5(2) to (9).
Note 2: For minimum family allowance rate see
subsection 6(1).
1 Section 3 (index)
Insert the following entry in its appropriate alphabetical position,
determined on a letter-by-letter basis:
|
study |
23(1) |
2 Subsection 4(6A)
Repeal the subsection, substitute:
(6A) A person who:
(a) has claimed youth allowance and is not independent within the meaning
of Part 3.5; or
(b) is receiving a youth allowance and is not independent within the
meaning of Part 3.5; or
(c) is a member of a couple of which a person referred to in paragraph (b)
is the other member;
is not a member of a couple for the purposes of:
(d) the provisions of this Act referred to in the table at the end of this
subsection; and
(e) any provision of this Act that applies for the purposes of a provision
mentioned in paragraph (d); and
(f) any provision of this Act that applies for the purposes of Module E
(Ordinary income test) of the Pension PP (Single) Rate Calculator in section
1068A or section 500Q (Parenting payment assets test for person not member of a
couple).
Note: Paragraphs (e) and (f) have the effect of treating a
person as not being a member of a couple in provisions that apply for the
purposes of the income test, assets test, liquid assets test or compensation
recovery provisions, including section 8 (Income test definitions), section 11
(Assets test definitions), section 14A (Social security benefit liquid assets
test provisions), section 17 (Compensation recovery definitions), section 19B
(Financial hardship provisions liquid assets test definition), Part 3.10
(General provisions relating to the ordinary income test) and Part 3.12 (General
provisions relating to the assets test).
|
Affected provisions |
||
|---|---|---|
|
Item |
Provisions of this Act |
Subject matter |
|
1 |
Subdivision AB of Division 2 of Part 2.11 |
Youth allowance assets test |
|
2 |
sections 549A to 549C |
Youth allowance liquid assets test |
|
3 |
Subdivision B of Division 2 of Part 2.11A |
Austudy payment assets test |
|
4 |
sections 575A to 575C |
Austudy payment liquid assets test |
|
5 |
section 598 |
Newstart allowance liquid assets test |
|
6 |
sections 611 and 612 |
Newstart allowance assets test |
|
7 |
sections 660YCJ and 660YCK |
Mature age allowance assets test |
|
8 |
section 676 |
Sickness allowance liquid assets test |
|
9 |
sections 680 and 681 |
Sickness allowance assets test |
|
10 |
sections 733 and 734 |
Special benefit assets test |
|
11 |
section 771HF |
Partner allowance assets test |
|
12 |
Module E of Pension Rate Calculator A |
Ordinary income test |
|
13 |
Module G of Pension Rate Calculator A |
Assets test |
|
14 |
Module F of Pension Rate Calculator D |
Ordinary income test |
|
15 |
Module H of Pension Rate Calculator D |
Assets test |
|
16 |
Module H of Youth Allowance Rate Calculator |
Income test |
|
17 |
Module D of the Austudy Payment Rate Calculator |
Income test |
|
18 |
Module G of Benefit Rate Calculator B |
Income test |
|
19 |
Part 3.14 |
Compensation recovery |
3 After subsection 13(2)
Insert:
(2A) If:
(a) youth allowance is payable to a person; and
(b) the person is not independent (see section 1067A) and is required to
live away from home (see section 1067D); and
(c) the person is attending boarding school while living away from
home;
then, for the purposes of subsection (2):
(d) the boarding school is taken to be the person’s principal home
while the person is attending the school; and
(e) any fees charged for attending the boarding school are taken to be
payable by the person.
4 Subsection 23(1)
Insert:
study includes vocational training.
5 Subsection 541(3)
Omit “the person” (first occurring).
6 Paragraph 541(3)(a)
Before “is employed”, insert “the
person”.
7 Paragraph 541(3)(b)
Before “is employed”, insert “except in the case of a
person who is undertaking full-time study—the person”.
8 Paragraph 541(3)(c)
Before “is”, insert “except in the case of a person who
is undertaking full-time study—the person”.
9 Paragraph 541B(1)(b)
Repeal the paragraph, substitute:
(b) the person:
(i) is undertaking in the particular study period (such as, for example, a
semester) for which he or she is enrolled for the course; or
(ii) intends to undertake in the next study period for which he or she
intends to enrol for the course;
at least three quarters of the normal amount of full-time study in
respect of the course for that period (see subsections (2) to (4));
and
10 Subsection 541B(4)
Repeal the subsection, substitute:
(4) For the purposes of paragraph (1)(b), a person is taken to be
undertaking full-time study in respect of a course during the period (the
relevant period):
(a) starting on the first day of classes in a study period; and
(b) ending on the Friday of the second week of classes in the study
period;
if the person is enrolled in the course and undertakes study in respect of
the course on at least one day in the relevant period.
11 Subsection 541B(5)
Omit all the words from and including “determined”, substitute
“determined, under section 5D of the Student Assistance Act 1973,
to be a secondary course or a tertiary course for the purposes of that
Act”.
12 Before paragraph 547(a)
Insert:
(aa) if the value of the person’s assets is more than the
person’s asset value limit (see Subdivision AB); or
13 Paragraph 547(e)
Omit “an alternative support”, substitute “a multiple
entitlement”.
14 After Subdivision A of Division 2 of Part
2.11
Insert:
A youth allowance is not payable to a person if:
(a) the person is not excluded from the application of the youth allowance
assets test; and
(b) the value of the person’s assets is more than the person’s
assets value limit.
Note 1: For persons excluded from application of test see
section 547B.
Note 2: For assets value limit see section
547C.
(1) A person is excluded from the application of the youth allowance
assets test if the person is independent but the person’s partner is
receiving:
(a) a payment of pension, benefit or allowance referred to in Module L;
or
(b) a payment under Part 5 or 6 of the Farm Household Support Act
1992.
(2) A person is excluded from the application of the youth allowance
assets test if:
(a) the person is not independent; but
(b) in working out the rate of youth allowance payable to the person, the
parental income test is not applied because of point 1067G-F3 (other than
paragraph (d)).
(1) A person’s assets value limit is:
(a) $407,250 if the person is not independent (see section 1067A);
or
(b) $125,750 if the person:
(i) is independent; and
(ii) is not a member of a couple (see section 4); and
(iii) is a homeowner; or
(c) $215,750 if the person:
(i) is independent; and
(ii) is not a member of a couple; and
(iii) is not a homeowner; or
(d) $178,500 if the person:
(i) is independent; and
(ii) is a member of a couple; and
(iii) is a homeowner; or
(e) $268,500 if the person:
(i) is independent; and
(ii) is a member of a couple; and
(iii) is not a homeowner.
Note 1: For homeowner see subsection
11(4).
Note 2: The amount in paragraph (a) is indexed annually on 1
January and the amounts in paragraphs (b), (c), (d) and (e) are indexed annually
on 1 July (see sections 1191 to 1194).
(2) If the Secretary determines in writing a higher amount in substitution
for the amount specified in paragraph (1)(b), (c), (d) or (e) (the
existing amount), the higher amount is taken, from the
commencement of this section, to have been substituted for the existing amount.
A determination under this subsection is a disallowable instrument.
(3) Subsection (2) and this subsection are repealed at the end of 31
December 1998.
The value of a person’s assets is the sum of the following
values:
(a) the value of the person’s assets (disregarding paragraphs (b)
and (c));
(b) if the person is independent (see section 1067A) and is a member of a
couple (see section 4)—the value of the assets of the person’s
partner;
(c) if the person is not independent—the value of the assets of each
person who is a family member of the person.
Sections 547E to 547G apply for the purpose of working out the value of the
assets of the person and of any other person who is the partner, or a family
member, of the person.
A person’s assets include:
(a) any benefit to which the person is entitled directly or indirectly out
of the assets of a trust; and
(b) any asset of a trust that the person can deal with directly or
indirectly to his or her advantage; and
(c) any interest in the assets of a trust which has been assigned to
someone else but which the person can directly or indirectly control.
If:
(a) an exceptional circumstances certificate referred to in section 8A of
the Farm Household Support Act 1992 was issued in respect of a person;
and
(b) the certificate has effect;
the person’s assets do not include any asset that is an exempt asset
in respect of the person within the meaning of that Act.
(1) If (and only if) paragraph 547D(c) applies in working out the value of
the assets of a person, assets of a business are treated in accordance with
subsections (2) and (3). For this purpose, a business includes:
(a) the carrying on of primary production; and
(b) the provision of professional services.
(2) Subject to subsection (3), 50% of the value of a person’s
interest in the assets of a business is disregarded if the person, or his or her
partner, is wholly or mainly engaged in the business and the business:
(a) is owned by the person; or
(b) is carried on by a partnership of which the person is a member;
or
(c) is carried on by a company of which the person is a member;
or
(d) is carried on by the trustee of a trust in which the person is a
beneficiary.
(3) Subsection (2) does not apply to assets of a business that are of any
of the following kinds:
(a) cash on hand, bank deposits, bank bonds, or similar readily realisable
assets;
(b) shares in companies, or rights in relation to shares;
(c) rights to deal in real or personal property;
(d) assets leased out by the business, unless leasing is a major activity
of the business;
(e) assets used for private or domestic purposes by the owners of the
business.
15 Paragraph 548C(2)(a)
Omit “payment”, substitute “allowance”.
16 At the end of subparagraph
548E(b)(ii)
Add “and”.
17 Subsection 549A(3)
Repeal the subsection, substitute:
(3) If the Secretary is satisfied that a person is in severe financial
hardship because the person has incurred unavoidable or reasonable expenditure
while serving a liquid assets test waiting period, the Secretary may determine
that the person does not have to serve the whole, or any part, of the waiting
period.
Note 1: For in severe financial hardship see
subsections 19C(2) (person who is not a member of a couple) and 19C(3) (person
who is a member of a couple).
Note 2: For unavoidable or reasonable
expenditure see subsection 19C(4).
Note: The heading to subsection 549A(3) is altered by
omitting “disadvantage or”.
18 Paragraph 549D(1)(a)
Omit “1 January 1993”, substitute “4 March
1997”.
19 Subparagraph
549D(3)(a)(ii)
After “1973”, insert “as in force immediately
before the commencement of this section”.
20 At the end of section
549D
Add:
(4) Subsection (1) does not apply to a person if:
(a) the person would:
(i) if the person had made a claim under this Act for a social security
payment other than youth allowance—have been subject to a newly arrived
resident’s waiting period under this Act; or
(ii) if the person had, before 1 July 1998, made a claim under the
Student Assistance Act 1973—have been subject to a waiting period
under Part 2 of that Act or a newly arrived resident’s waiting period
under Part 8 of that Act;
and that period would have ended; or
(b) the person has had:
(i) a qualifying residence exemption for a newstart allowance or a
sickness allowance under this Act; or
(ii) a qualifying residence exemption for a youth training allowance under
the Student Assistance Act 1973; or
(c) in the case of an AUSTUDY allowance recipient—the person was not
subject to a waiting period.
(5) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person became, or first became, an Australian resident before 1
July 1998; and
(c) one of the following subparagraphs applies to the person:
(i) when the person made the claim for youth allowance, the person had
been an Australian resident for the immediately preceding 12 months or had been
continuously present in Australia for the immediately preceding 6 months;
or
(ii) the person was immediately before 1 July 1998 qualified for sickness
allowance or youth training allowance; or
(iii) the person has previously received sickness allowance or youth
training allowance.
21 Paragraph 549E(a)
Omit “on or after 1 January 1993”.
22 Subdivision F of Division 2 of Part 2.11
(heading)
Repeal the heading, substitute:
23 Section 552
Omit “an alternative support”, substitute “a multiple
entitlement”.
Note: The heading to section 552 is altered by omitting
“Alternative support” and substituting “Multiple
entitlement”.
24 Subsection 552A(2)
Omit “an alternative support”, substitute “a multiple
entitlement”.
25 After paragraph
1067F(1)(b)
Insert:
(ba) does not have a dependent child; and
26 At the end of paragraph
1067F(1)(d)
Add:
; (xii) benefit parenting allowance;
(xiii) benefit PP (partnered).
27 Point 1067G-A1 (steps 5 to 7 of the method
statement)
Repeal the steps.
28 Paragraph 1067G-D1(h)
Omit “payment” (wherever occurring), substitute
“allowance”.
29 Section 1067G (Module E of the Youth
Allowance Rate Calculator)
Repeal the Module.
Omit “AUSTUDY or” (wherever occurring).
31 Before paragraph
1067G-F7(a)
Insert:
(aa) a person’s combined parental income for the tax year following
the base tax year is substantially less than it was in the base tax year and is
likely to continue to be so for 2 years after the later of:
(i) 1 January in the tax year following the base tax year; or
(ii) the day on which the combined parental income is reduced;
and
32 Paragraph 1067G-F7(a)
Omit “a person”, substitute “the person”.
33 Paragraph 1067G-F10(d)
Omit “rental property”, substitute “passive
business”.
34 Paragraph 1067G-F10 (note
5)
Repeal the note, substitute:
Note 5: For net passive business loss see
subpoint 1067G-F11(4).
35 Subpoint 1067G-F11(4)
Repeal the subpoint, substitute:
1067G-F11(4) A person’s net passive business loss for
a tax year is the difference between:
(a) the total amount of the person’s loss or outgoings for that year
that are or will be deductible under the Income Tax Assessment Act because they
were necessarily incurred in relation to a passive business; and
(b) the gross income from the business for that year.
Note: For passive business see point
1067G-F19A.
36 After point 1067G-F19
Insert:
1067G-F19A(1) In subpoint 1067G-F11(4):
passive business, in relation to a person, means a business
in relation to which the person is usually engaged for less than 17.5 hours in a
week.
1067G-F19A(2) In this point:
business includes:
(a) the carrying on of primary production; and
(b) the provision of professional services; and
(c) the earning of income as a rentier;
but does not include employment (whether or not the employment is
remunerated by wages or salary).
37 Paragraph 1067G-F24(b)
Repeal the paragraph, substitute:
(b) the student is undertaking full-time study in a course of study or
instruction that the Employment Minister has determined, under section 5D of the
Student Assistance Act 1973, to be a tertiary course for the purposes of
that Act; and
38 Paragraph 1067G-F24(d)
After “student”, insert “is”.
39 Point 1067G-G1
Omit all the words to and including “limit”, substitute
“This is how to work out the effect (if any) of the actual means of a
person’s family on the person’s maximum payment rate in respect of a
particular youth allowance payment period”.
40 Point 1067G-G1 (after step 1 of the method
statement)
Insert:
Step 1A. If the family actual means test applies to the person,
identify the appropriate tax year using point 1067G-G2A.
41 Point 1067G-G1 (step 2 of the method
statement)
Omit all the words to and including “work”, substitute
“Work”.
42 Point 1067G-G1 (after step 2 of the method
statement)
Insert:
Step 2A. Work out the person’s family actual means free area
using point 1067G-G3A.
43 Point 1067G-G1 (step 3 of the method
statement)
Before “actual”, insert “family”.
44 After point 1067G-G2
Insert:
Appropriate tax year
1067G-G2A The appropriate tax year for a youth allowance
payment period is to be identified as provided in the regulations.
45 After point 1067G-G3
Insert:
Family actual means free area
1067G-G3A A person’s family actual means free area is
to be worked out in the way specified in the regulations.
46 Point 1067G-G4
Before “actual”, insert “family”.
Note: The heading to point 1067G-G4 is altered by inserting
“family” before “actual”.
47
Points 1067G-H11 to 1067G-H14 (inclusive)
Repeal the points, substitute:
Certain leave payments taken to be ordinary income—employment
continuing
1067G-H11 If:
(a) a person is employed; and
(b) the person is on leave for a period; and
(c) the person is or was entitled to receive a leave payment (whether as a
lump sum payment, as a payment that is one of a series of regular payments or
otherwise) in respect of a part or all of a leave period;
the person is taken to have received ordinary income for a period (the
income maintenance period) equal to the leave period to which the
leave payment entitlement relates.
Certain leave payments taken to be ordinary income—employment
terminated
1067G-H12 If:
(a) a person’s employment has been terminated; and
(b) the person receives a leave payment (whether as a lump sum payment, as
a payment that is one of a series of regular payments or otherwise);
the person is taken to have received ordinary income for a period (the
income maintenance period) equal to the leave period to which the
payment relates.
More than one leave payment on a day
1067G-H13 If:
(a) the person is covered by point 1067G-H12; and
(b) the person receives more than one leave payment on a day;
the income maintenance period is worked out by adding the leave periods to
which the payments relate.
Start of income maintenance period—employment
continuing
1067G-H14 If the person is covered by point 1067G-H11, the income
maintenance period starts on the first day of the leave period to which the
leave payment entitlement relates.
Start of income maintenance period—employment
terminated
1067G-H14A If the person is covered by point 1067G-H12, the income
maintenance period starts, subject to point 1067G-H14B, on the day the person is
paid the leave payment.
Commencement of income maintenance period where there is a second leave
payment—employment terminated
1067G-H14B If a person who is covered by point 1067G-H12 is subject to an
income maintenance period (the first period) and the person is
paid another leave payment during that period (the second leave
payment), the income maintenance period for the second leave payment
commences the day after the end of the first period.
Repeal the point, substitute:
Single payment in respect of different kinds of leave—employment
terminated
1067G-H18 If a person who is covered by point 1067G-H12 receives a single
payment in respect of different kinds of leave, then, for the purposes of the
application of points 1067G-H10 to 1067G-H17 (inclusive), each part of the
payment that is in respect of a different kind of leave is taken to be a
separate payment and the income maintenance period in respect of the single
payment is worked out by adding the leave periods to which the separate payments
relate.
49 Point 1067G-H23
Omit “1067G-H24 and 1067G-H25”, substitute “1067G-H23A,
1067-H23B, 1067G-H24 and 1067G-H25 and section 1073”.
50 After point 1067G-H23
Insert:
Claimant or recipient receives lump sum amount for remunerative
work
1067G-H23A If a person whose claim for youth allowance has been granted
receives, after the claim was made, a lump sum amount that:
(a) is paid to him or her in relation to remunerative work; and
(b) is not a payment to which point 1067G-H24 applies; and
(c) is not an exempt lump sum;
the person is, for the purposes of this Module, taken to receive one
fifty-second of that amount as ordinary income during each week in the 12 months
commencing on the day on which the person becomes entitled to receive that
amount.
Partner of claimant or recipient receives lump sum amount for
remunerative work
1067G-H23B If:
(a) a person whose claim for youth allowance has been granted is a member
of a couple; and
(b) after the person had made the claim, the person’s partner
receives a lump sum amount that:
(i) is paid to him or her in relation to remunerative work; and
(ii) is not a payment to which point 1067G-H24 applies; and
(iii) is not an exempt lump sum;
the partner is, for the purposes of this Module, taken to receive one
fifty-second of that amount as ordinary income during each week in the 12 months
commencing on the day on which the partner becomes entitled to receive that
amount.
Operation of points 1067G-H23A and 1067G-H23B
1067G-H23C Points 1067G-H23A and 1067G-H23B have effect even if the
person who has made the claim:
(a) is subject to a liquid assets test waiting period or an income
maintenance period in respect of the allowance claimed; or
(b) is subject to a seasonal work preclusion period;
during the period of 12 months referred to in those points.
51 Point 1067G-H26
Repeal the point, substitute:
Partner income free area
1067G-H26 The partner income free area for a person is:
(a) if the person’s partner is not receiving a social security
benefit and has not turned 21—the amount of income of the partner (rounded
up to the nearest dollar) beyond which youth allowance would not be payable to
the partner if the partner were qualified for a youth allowance and were not
undertaking full-time study (see section 541B); or
(b) if the person’s partner is not receiving a social security
benefit and has turned 21—the amount of income of the partner (rounded up
to the nearest dollar) beyond which newstart allowance would not be payable to
the partner if the partner were qualified for a newstart allowance; or
(c) if the person’s partner is receiving a social security
benefit—the amount of income of the partner (rounded up to the nearest
dollar) beyond which that benefit would not be payable to the partner.
52 Point 1067G-K8
Omit “payment” (wherever occurring), substitute
“allowance”.
53 Point 1067G-K8 (note 2)
Omit “payment”, substitute
“allowance”.
54 Section 1067G (table items 19 and 27 in
Module L of the Youth Allowance Rate Calculator)
Repeal the items.
Part
1—Amendments commencing
after youth allowance and austudy payment provisions commence and the Budget
Measures Act has been assented to
1
Subsection 5(1) (subparagraph (b)(ii) of the definition of
independent young
person)
Omit “a youth training allowance or”.
2 Paragraph 8(11)(b)
Omit “1067-H5R, 1067E-G6R”, substitute “1067G-H20,
1067L-D16”.
3
After subparagraph 541(2)(c)(iv)
Insert:
(v) an activity that is included in the CSP;
Insert:
(ia) an activity approved by the Secretary under the CSP;
5
At the end of subsection 544B(5)
Add:
; and (d) may be cancelled by the Secretary after a review under paragraph
(c).
6
After subparagraph 549A(5)(a)(i)
Insert:
(ia) an activity approved by the Secretary under the CSP; or
Repeal the subsection, substitute:
Period stops applying from start of involvement in certain programs,
courses or activities
(3) If:
(a) an activity test non-payment period under this Part applies to a
person (or would apply to a person apart from this subsection); and
(b) the person starts to participate in a program, course or activity
described in paragraph 541(2)(b) or (c);
the period stops applying to the person from and including the day on which
the person starts to participate in the program, course or activity (whether or
not the person completes the program, course or activity).
Omit “students; and”, substitute
“students.”.
Repeal the paragraph.
10
Subsection 552A(1) (note 2)
Repeal the note.
11
After subparagraph 553B(2)(a)(i)
Insert:
(ia) an activity approved by the Secretary under the CSP; or
12
After subparagraph 553C(2)(a)(i)
Insert:
(ia) an activity approved by the Secretary under the CSP; or
Repeal the subsection, substitute:
Period stops applying from start of involvement in certain programs,
courses or activities
(3) If:
(a) an activity test breach rate reduction period under this Part applies
to a person (or would apply to a person apart from this subsection);
and
(b) the person starts to participate in a program, course or activity
described in paragraph 541(2)(b) or (c);
the period stops applying to the person from and including the day on which
the person starts to participate in the program, course or activity (whether or
not the person completes the program, course or activity).
Repeal the subsection, substitute:
Period stops applying from start of involvement in certain programs,
courses or activities
(3) If:
(a) an administrative breach rate reduction period under this Part applies
to a person (or would apply to a person apart from this subsection);
and
(b) the person starts to participate in a program, course or activity
described in paragraph 541(2)(b) or (c);
the period stops applying to the person from and including the day on which
the person starts to participate in the program, course or activity (whether or
not the person completes the program, course or activity).
Omit “students; and”, substitute
“students.”.
Repeal the paragraph.
17
Subsection 578A(1) (note 2)
Repeal the note.
Part
2—Other amendments
commencing on 1 July 1998 after certain provisions of the Budget Measures
Act
After “claim for”, insert “austudy payment
or”.
After “claim for”, insert “austudy payment
or”.
After “rate of the”, insert “payment or”.
21 Subsection 19C(3)
After “claim for”, insert “austudy
payment,”.
Repeal the paragraph, substitute:
(c) in relation to youth allowance—means the maximum payment rate
worked out at Step 4 of the Method statement in Module A of the Youth Allowance
Rate Calculator in section 1067G; or
(ca) in relation to austudy payment—means the maximum payment rate
worked out at Step 3 of the Method statement in Module A of the Austudy Payment
Rate Calculator in section 1067L; or
Repeal the subsection.
Part
3—Amendment commencing on 20
September 1998
24
Point 1067G-H1 (paragraph (d) of note 2)
Repeal the paragraph, substitute:
(d) income streams (sections 1095 to
1099D);
Part
4—Amendments commencing on 1
July 1999 after some provisions of the Budget Measures Act
After
“claim for”, insert “austudy payment or”.
After “parenting payment”, insert “, austudy
payment”.
27 Subsection 19C(2)
After
“parenting payment”, insert “, austudy
payment”.
28 Subsection 19C(3)
After “parenting payment”, insert “, austudy
payment”.
Repeal the point, substitute:
1067G-H16 If the Secretary is satisfied that a person is in severe
financial hardship because the person has incurred unavoidable or reasonable
expenditure while an income maintenance period applies to the person, the
Secretary may determine that the whole, or any part, of the period does not
apply to the person.
Note 1: For in severe financial hardship see
subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3)
(person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure
see subsection 19C(4).
Note 3: If an income maintenance period applies to a person,
then, during that period:
(a) the allowance claimed may not be payable to the person;
or
(b) the amount of the allowance payable to the person may be
reduced.
Repeal the point, substitute:
1067L-D12 If the Secretary is satisfied that a person is in severe
financial hardship because the person has incurred unavoidable or reasonable
expenditure while an income maintenance period applies to the person, the
Secretary may determine that the whole, or any part, of the period does not
apply to the person.
Note 1: For in severe financial hardship see
subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3)
(person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure
see subsection 19C(4).
Note 3: If an income maintenance period applies to a person,
then, during that period:
(a) the allowance claimed may not be payable to the person;
or
(b) the amount of the allowance payable to the person may be
reduced.
1 Section 3 (index)
Insert the following entries in their appropriate alphabetical position,
determined on a letter-by-letter basis:
|
full year course |
23(10C) |
|
late starting course |
23(10D) |
|
pensioner education supplement payday |
23(1) |
|
short course |
23(1) |
2 Subsection 7(6)
After “a mobility allowance”, insert “, a pensioner
education supplement”.
3 Subsection 23(1)
Insert:
full year course has the meaning given by subsection
(10C).
late starting course has the meaning given by subsection
(10D).
pensioner education supplement payday means:
(a) the Wednesday that falls on 15 July 1998; and
(b) each succeeding alternate Wednesday.
short course means a course of education that lasts for 30
weeks or less including vacations.
4 After subsection 23(10B)
Insert:
(10C) For the purposes of this Act:
full year course means:
(a) a course of education that starts:
(i) on 1 January; or
(ii) after 1 January and before 1 April; or
(iii) on 1 July; or
(iv) after 1 July and before 1 August;
and lasts for more than 30 weeks (including vacations); or
(b) an articulated short course sequence whose first course
starts:
(i) on 1 January; or
(ii) after 1 January and before 1 April; or
(iii) on 1 July; or
(iv) after 1 July and before 1 August;
and the length of whose courses (including vacations) add up to more than
30 weeks.
(10D) For the purposes of this Act:
late starting course means:
(a) a course of education that starts:
(i) on 1 April; or
(ii) after 1 April and before 1 July; or
(iii) after 31 July;
and lasts for more than 30 weeks (including vacations); or
(b) an articulated short course sequence whose first course
starts:
(i) on 1 April; or
(ii) after 1 April and before 1 July; or
(iii) after 31 July;
and the length of whose courses (including vacations) add up to more than
30 weeks.
(10E) In subsections (10C) and (10D):
articulated short course sequence means a sequence of 2 or
more articulated short courses that:
(a) is undertaken by a person during a 12 month period; and
(b) begins on the first day of the first course in the sequence;
and
(c) ends at the end of the last day of the last course in the
sequence.
(10F) For the purposes of subsection (10E), if:
(a) a person undertakes at least 2 short courses of education; and
(b) the person starts the second short course and (if applicable) each
subsequent short course:
(i) within 28 days after completing the immediately preceding short
course; or
(ii) within such longer period after completing the immediately preceding
short course as the Secretary approves on being satisfied that this was due to
circumstances beyond the person’s control; and
(c) each of the short courses is an approved course of education or study
within the meaning of paragraph 1061PB(1)(b); and
(d) the person may, as a result of undertaking each of the short courses,
receive an accreditation or an award from an educational institution for another
approved course of education or study within the meaning of paragraph
1061PB(1)(b);
each of the short courses is an articulated short
course.
5 After Part 2.24
Insert:
A person is qualified for a pensioner education supplement if the
person:
(a) is undertaking qualifying study (see Subdivision B); and
(b) is receiving a payment attracting pensioner education supplement (see
Subdivision C); and
(c) is of pensioner education supplement age (see Subdivision D);
and
(d) meets the residency requirements under Subdivision E.
Note: Division 2 sets out situations in which pensioner
education supplement is not payable even if the person qualifies for
it.
General
(1) For the purposes of this Part, a person is undertaking
qualifying study if the Secretary is satisfied that:
(a) the person:
(i) is enrolled in a course of education at an educational institution;
or
(ii) was enrolled in the course and satisfies the Secretary that he or she
intends, and has (since no longer being enrolled) always intended, to re-enrol
in the course when re-enrolments in the course are next accepted; or
(iii) was enrolled in the course and satisfies the Secretary that he or
she intends, and has (since no longer being enrolled) always intended, to enrol
in another course of education (at the same or a different educational
institution) when enrolments in the other course are next accepted;
and
(b) the course in which the person is enrolled, or intends to enrol, is an
approved course of education or study (see section 1061PC); and
(c) the person is a full-time student or a concessional study-load student
in respect of that course (see sections 1061PD and 1061PE); and
(d) the person satisfies the progress rules (see sections 1061PH and
1061PI).
Persons not undertaking qualifying study
(2) A person is not undertaking qualifying study if the person:
(a) is employed on a full-time basis as an apprentice or trainee under an
industrial instrument and has a training agreement (however described) with a
training authority (by whatever name called) of a State or Territory;
or
(b) has completed a course for:
(i) a degree of Master or Doctor at an educational institution;
or
(ii) a qualification at a foreign institution that is, in the
Secretary’s opinion, of the same standing as a degree of Master or Doctor
at an educational institution.
Note: For educational institution see
subsection 23(1).
Taken to be undertaking qualifying study from 1 January
(3) For the purpose of subsection (1), a person is taken to have been
undertaking qualifying study from 1 January in a particular year if:
(a) the person is enrolled in a course of education that is a full year
course starting before 1 April in that year; and
(b) the person starts his or her full year course before that day;
and
(c) either:
(i) the person did not undertake full-time or part-time study for the
whole, or a part, of the immediately preceding semester (excluding vacations);
or
(ii) the person did not undertake full-time or part-time study for more
than one semester (excluding vacations) during the immediately preceding 12
months and the Secretary is satisfied that this was due to the person’s
illness or to other circumstances beyond the person’s control.
Taken to be undertaking qualifying study from 1 July
(4) For the purpose of subsection (1), a person is taken to have been
undertaking qualifying study from 1 July in a particular year if:
(a) the person is enrolled in a course of education that is a full year
course starting on or after 1 July in that year; and
(b) the person starts his or her full year course on or after that day;
and
(c) either:
(i) the person did not undertake full-time or part-time study for the
whole, or a part, of the immediately preceding semester (excluding vacations);
or
(ii) the person did not undertake full-time or part-time study for more
than one semester (excluding vacations) during the immediately preceding 12
months and the Secretary is satisfied that this was due to the person’s
illness or to other circumstances beyond the person’s control.
Taken to be undertaking qualifying study until 31 December
(5) For the purpose of subsection (1), a person is taken to be undertaking
qualifying study until the end of 31 December in a particular year if:
(a) the person completes his or her course of education after 15 September
but before 31 December in that year; and
(b) the person’s course of education is a full year course or a late
starting course.
Industrial instruments
(6) In paragraph (2)(a):
industrial instrument means an award or agreement (however
described) that:
(a) is made under or recognised by a law of the Commonwealth or of a State
or Territory that:
(i) regulates the relationships between employers and employees;
or
(ii) provides for the prevention or settlement of disputes between
employers and employees; and
(b) concerns the relationship between an employer and the employer’s
employees, or provides for the prevention or settlement of a dispute between an
employer and the employer’s employees.
For the purposes of paragraph 1061PB(1)(b), a course is an approved
course of education or study if it is a course that the Employment Minister has
determined, under section 5D of the Student Assistance Act 1973, to be a
secondary course or a tertiary course for the purposes of that Act.
For the purposes of this Subdivision, a person is a full-time
student in respect of a course if:
(a) in the case of a person who is enrolled in the course for a particular
study period (such as, for example, a semester)—the person is undertaking
at least three quarters of the normal amount of full-time study in respect of
the course for that period; or
(b) in the case of a person who intends to enrol in the course for a
particular study period—the person intends to undertake at least three
quarters of the normal amount of full-time study in respect of the course for
that period.
Note: For normal amount of full-time study see
section 1061PF.
(1) For the purposes of this Subdivision, there are 2 classes of
concessional study-load students, namely:
(a) 25% concessional study-load students; and
(b) 66% concessional study-load students.
(2) For the purposes of this Subdivision, a person is a 25%
concessional study-load student in respect of a course if this
subsection applies to the person and:
(a) in the case of a person who is enrolled in the course for a particular
study period (such as, for example, a semester)—the person is undertaking
at least one quarter, but less than three quarters, of the normal amount of
full-time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a
particular study period—the person intends to undertake at least one
quarter, but less than three quarters, of the normal amount of full-time study
in respect of the course for that period.
(3) For the purposes of this Subdivision, a person is a 66%
concessional study-load student in respect of a course if this
subsection applies to the person and:
(a) in the case of a person who is enrolled in the course for a particular
study period (such as, for example, a semester)—the person is undertaking
at least two thirds, but less than three quarters, of the normal amount of
full-time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a
particular study period—the person intends to undertake at least two
thirds, but less than three quarters, of the normal amount of full-time study in
respect of the course for that period.
Note: For normal amount of full-time study see
section 1061PF.
(4) Subsection (2) applies to a person if:
(a) an officer in the Commonwealth Rehabilitation Service has stated in
writing that:
(i) the person has a substantial physical disability; and
(ii) the person cannot successfully undertake the normal amount of
full-time study in respect of the course because of the disability; or
(b) a medical practitioner specialising in psychiatry has stated in
writing that:
(i) the person has a substantial psychiatric disability; and
(ii) the person cannot successfully undertake the normal amount of
full-time study in respect of the course because of the disability; or
(c) a psychologist who is registered with the Australian Psychologist
Society has stated in writing that the person:
(i) has an intellectual disability; and
(ii) cannot successfully undertake the normal amount of full-time study in
respect of the course because of the disability; or
(d) the person is receiving:
(i) a disability support pension, a carer payment or a pension PP (single)
under this Act; or
(ii) an invalidity service pension or a carer service pension under the
Veterans’ Entitlements Act; or
(e) the person has a dependent child aged less than 16 years
and:
(i) is receiving a widow B pension under this Act; or
(ii) is a sole parent and is receiving a special benefit under this Act;
or
(iii) is receiving a widow allowance under this Act; or
(iv) is receiving a pension under Part II of the Veterans’
Entitlements Act; or
(v) is receiving pension under Part IV of the Veterans’ Entitlements
Act.
(5) Subsection (3) applies to a person if:
(a) the person cannot undertake the course as a full-time student because
of:
(i) the relevant educational institution’s usual requirements for
the course; or
(ii) a specific direction in writing to the person from the academic
registrar or an equivalent officer; or
(b) the academic registrar (or an equivalent officer) of the relevant
educational institution recommends in writing that the person undertake less
than the normal amount of full-time study in respect of the course for specified
academic or vocational reasons for a period not exceeding half an academic
year.
(1) For the purposes of this Subdivision, the normal amount of
full-time study in respect of a course is:
(a) if the course is a designated course of study within the meaning of
Chapter 4 of the Higher Education Funding Act 1988—the
standard student load determined in respect of the course by the institution in
question under subsection 39(2) of that Act; or
(b) if the course is not such a designated course and the institution
defines an amount of full-time study that a full-time student should typically
undertake in respect of the course—the amount so defined; or
(c) otherwise—an amount of full-time study equivalent to the average
amount of full-time study that a person would have to undertake for the duration
of the course in order to complete the course in the minimum amount of time
needed to complete it.
(2) Without limiting subsection (1), the normal amount of full-time
study in respect of a course is an average, taken over the duration of
the period for which the person in question is enrolled in the course, of 20
contact hours per week.
A person is taken to be undertaking full-time study or a concessional
study-load (as the case may be) in respect of a course during the period (the
relevant period):
(a) starting on the first day of classes in a study period; and
(b) ending on the Friday of the second week of classes in the study
period;
if the person is enrolled in the course and undertakes study in respect of
the course on at least one day in the relevant period.
General rule
(1) Subject to subsection (2), a person enrolled in, or intending to enrol
in, a secondary course satisfies the progress rules for the purposes of
paragraph 1061PB(1)(d) if, in the Secretary’s opinion, the person is
making satisfactory progress towards completing the course.
Students repeating year 12
(2) A person does not satisfy the progress rules if:
(a) the person is enrolled in a secondary course that is at year 12 level,
or the overall level of which is at year 12 level (see subsections (3) and (4));
and
(b) the person has been a full-time student in respect of a course at that
level (a previous course) in each of 2 previous years;
and
(c) none of the following circumstances apply:
(i) the person failed a previous course because of an illness that had not
been diagnosed when the person began that course;
(ii) the person failed a previous course because of other circumstances
beyond the person’s control that were not apparent when the person began
that course;
(iii) the person failed a previous course because English is not the
person’s native language;
(iv) the person completed or discontinued a previous course within 6
months after the relevant academic year started;
(v) each of the previous courses was undertaken more than 10 years before
the present study.
Course at year 12 level
(3) A secondary course is at year 12 level if the institution in which the
course is undertaken regards it as being at year 12 level.
Overall level of course at year 12 level
(4) The overall level of a secondary course is at year 12 level if the
institution in which the course is undertaken regards at least 50% of the course
as being at year 12 level.
Meaning of secondary course
(5) For the purposes of this section, a course is a secondary
course if the Employment Minister has determined, under section 5D of
the Student Assistance Act 1973, that the course is a secondary course
for the purposes of that Act.
Full-time students
(1) A person who is a full-time student in respect of a tertiary course
satisfies the progress rules if:
(a) in the case of a person who is enrolled in the course—on the day
on which the person enrolled in the course; or
(b) in the case of a person who is not yet enrolled in the course but
intends to enrol in the course—on the day on which enrolments in the
course are next accepted;
the time already spent by the student on the course, or on one or more
other tertiary courses at the same level as that course, does not exceed the
allowable study time for that course.
Note: For allowable study time for a course see subsection
(3).
Concessional study-load students
(2) A person who is a concessional study-load student in respect of a
tertiary course satisfies the progress rules if:
(a) in the case of a person who is enrolled in the course—on the day
on which the person enrolled in the course; or
(b) in the case of a person who is not yet enrolled in the course but
intends to enrol in the course—on the day on which enrolments in the
course are next accepted;
the time already spent by the person on the course, or on one or more other
tertiary courses at the same level as that course, does not exceed the allowable
study time for the course.
Note: For allowable study time for a course see subsections
(3) and (4).
Allowable study time—full-time students and 66% concessional
study-load students
(3) The allowable study time for a course undertaken by a full-time
student or a 66% concessional study-load student is:
(a) if the minimum amount of time needed to complete the course as a
full-time student is one year or less—that minimum amount of time;
or
(b) if the minimum amount of time needed to complete the course as a
full-time student is more than 1 year and:
(i) the student is enrolled, or intends to enrol, in a year-long subject;
or
(ii) the student’s further progress in the course depends on passing
a whole year’s work in the course;
the minimum amount of time plus 1 year; or
(c) in any other case—the minimum amount of time needed to complete
the course as a full-time student plus half an academic year.
Allowable study time—25% concessional study-load
students
(4) The allowable study time for a course undertaken by a 25% concessional
study-load student is twice the minimum period in which it is possible to
complete the course as a full-time student.
Time spent by person studying part-time
(5) If a student has studied part-time for a course over a certain period,
the time spent by the student on that course is taken to be the proportion of
that period calculated by using the formula:
where:
normal full-time study means the normal amount of full-time
study for the course.
study undertaken means the amount of study undertaken
part-time by the student for the course.
Current full-time students who have previously undertaken courses as
concessional study-load students
(6) If:
(a) a person is undertaking a course as a full-time student; and
(b) the person has previously undertaken:
(i) part of the course; or
(ii) one or more than one other course at the same level as that
course;
as a concessional study-load student; and
(c) the time spent by the person undertaking the part of the course
referred to in subparagraph (b)(i), or the course or courses referred to in
subparagraph (b)(ii), (the previous study) is not to be
disregarded under subsection (7);
the time spent by the person undertaking the previous study is taken to be
equal to the minimum amount of time that a full-time student would have taken to
complete the previous study.
Matters to be disregarded in determining whether someone has exceeded
the allowable study time
(7) In determining whether a person has exceeded the allowable study time
(for a full-time student or a concessional study-load student), disregard the
following:
(a) if the person has completed a course (a pre-requisite
course), the completion of which is the normal requirement for admission
to the course in which the person is enrolled, or intends to enrol—time
spent undertaking the pre-requisite course;
(b) a failed year of study, or a failed part of a year of study, if the
failure is because of:
(i) the person’s illness; or
(ii) other circumstances beyond the person’s control;
(c) time spent undertaking a course that has been permanently discontinued
because of:
(i) the person’s illness; or
(ii) other circumstances beyond the person’s control;
(d) time spent undertaking a course that has been completed but which,
because of the person’s illness, the person cannot use in any of the
trades or profession to which the course is appropriate;
(e) time spent undertaking a TAFE course if the normal length of the
course for a full-time student is one year or less;
(f) time spent undertaking a course more than 10 years ago, unless the
course has since been completed;
(g) time spent undertaking a course after 1973 if the course was
not:
(i) approved for the Tertiary Education Assistance Scheme; or
(ii) approved for the AUSTUDY scheme; or
(iii) an approved course for the purposes of paragraph 541B(1)(c), 569A(b)
or 1061PB(1)(b) of this Act;
(h) time spent undertaking a course at a foreign institution;
(i) time spent undertaking a subject from which the student withdrew, if
the educational institution in which the subject was undertaken did not record
the withdrawal from the subject as a failure;
(j) any time spent undertaking a course during which the person was
ineligible to receive:
(i) AUSTUDY; or
(ii) a benefit under the Tertiary Eduction Assistance Scheme; or
(iii) youth allowance; or
(iv) austudy payment;
because of the application of rules in respect of academic
progress.
Levels of tertiary courses
(8) There are 4 levels of tertiary courses—levels A, B, C and D.
Level A courses
(9) The following are Level A courses:
(a) a postgraduate bachelor degree course, with or without honours;
(b) a graduate or postgraduate diploma course;
(c) a course of practical legal training at a higher education
institution;
(d) a course of advanced education regarded by an accrediting authority as
being at PG1 level;
(e) a graduate certificate course.
Level B courses
(10) The following are Level B courses:
(a) a bachelor degree course (other than a postgraduate course), with or
without honours;
(b) the bachelor level component of a masters degree course with
concurrent bachelor and masters level study;
(c) a diploma course other than:
(i) a graduate or postgraduate diploma course; or
(ii) a course for which an entry requirement is successful completion of
year 10 of secondary studies; or
(iii) a TAFE course;
(d) a Master’s qualifying course;
(e) the Barristers or Solicitors Admission Board’s course;
(f) a course of advanced education regarded by an accrediting authority as
being at UG1 or UG2 level.
Level C courses
(11) The following are Level C courses:
(a) an associate degree course;
(b) an associate diploma course;
(c) a diploma course at a TAFE institution for which an entry requirement
is successful completion of year 12 of secondary studies;
(d) a 2-year undergraduate diploma course.
Level D courses
(12) The following are Level D courses:
(a) a TAFE course at a higher education institution;
(b) a TAFE course, unless the course is in Level A, B or C.
Meaning of tertiary course
(13) For the purposes of this section, a course is a tertiary
course if the Employment Minister has determined, under section 5D of
the Student Assistance Act 1973, that the course is a tertiary course for
the purposes of that Act.
General
(1) A person is receiving a payment attracting pensioner education
supplement if the person is receiving:
(a) a payment under this Act set out in subsection (2); or
(b) a pension under the Veterans’ Entitlements Act set out in
subsection (3).
Payments under this Act
(2) The payments under this Act are the following:
(a) a disability support pension;
(b) in the case of a person whose partner is receiving a disability
support pension—a wife pension;
(c) a carer payment;
(d) a pension (PP) single;
(e) a widow B pension;
(f) a widow allowance;
(g) in the case of a person who is a sole parent—a special
benefit;
(h) a rehabilitation allowance payable under clause 35 of Schedule
1A.
Pensions under the Veterans’ Entitlements Act
(3) The pensions under the Veterans’ Entitlements Act are the
following:
(a) in the case of a person who has a dependent child—a pension
under Part II of that Act;
(b) an invalidity service pension;
(c) in the case of a person whose partner is receiving an invalidity
service pension—a partner service pension;
(d) a carer service pension;
(e) in the case of a person who has a dependent child—a pension
under Part IV of that Act.
For the purposes of this Part, a person is of pensioner education
supplement age if the person:
(a) is at least 16 years old; or
(b) is independent and has reached the minimum school leaving age for the
State or Territory in which the person is living.
Application
(1) This section applies to determine whether a person is to be regarded
as independent for the purposes of this Part. A person is not to be regarded as
independent except as provided by this section.
Person with a dependent child
(2) A person is independent if:
(a) the person has a natural or adopted child who is wholly or
substantially dependent on the person or his or her partner; or
(b) the person previously had a natural or adopted child who was wholly or
substantially dependent on the person or on a person who, at the time, was the
person’s partner.
Orphan
(3) A person is independent if both 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
(4) 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
(5) 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.
However, a person is not independent under this subsection if the person
has a parent living in Australia, or is wholly or substantially dependent on
someone else on a long-term basis.
Person in State care
(6) A person is independent if the person is not living with a parent,
and:
(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.
A person to whom this subsection applies is taken, for the purposes of this
Part, to be in State care.
Unreasonable to live at home
(7) A person is independent if:
(a) the person cannot 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 exceptional 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) from the
Commonwealth, a State or a Territory.
For the purposes of this Part, a person meets the residency requirements
if the person:
(a) is an Australian resident; and
(b) subject to section 1061PN, is in Australia.
General
(1) A person who is undertaking qualifying study is taken to be in
Australia while the person:
(a) is absent from Australia for the purpose of undertaking part of the
studies for the course of education in respect of which the person is
undertaking qualifying study; or
(b) is absent from Australia, for any other purpose, for not more than 26
weeks.
Temporary return to Australia
(2) If the person:
(a) returns to Australia after having been outside Australia (whether
before or after the commencement of this section) for more than 13 weeks;
and
(b) leaves Australia before the end of 13 weeks after he or she so
returned to Australia;
the person is taken to have continued to be absent from Australia
throughout the period from the time of the person’s return to the time
when the person so left Australia.
Even though a person is qualified for a pensioner education supplement,
the supplement may not be payable to the person because:
(a) the supplement has not commenced to be payable (see Subdivision B);
or
(b) the person is subject to a newly arrived resident’s waiting
period (see Subdivision C); or
(c) the person is subject to a multiple entitlement exclusion (see
Subdivision D).
Note: A pensioner education supplement is not payable if the
person is in gaol or is undergoing psychiatric confinement because the person
has been charged with committing an offence (see Division 4 of Part
3.13).
A pensioner education supplement is not payable to a person before the
person’s provisional commencement day (see sections 1061PQ, 1061PR and
1061PS).
Subject to this Subdivision, a person’s provisional commencement
day is the day on which the person claims a pensioner education
supplement.
Subject to section 1061PS, if a person claims a pensioner education
supplement within 4 weeks after becoming qualified for the supplement, the
person’s provisional commencement day is the day on which he or she became
qualified.
Claims made before 1 April
(1) If:
(a) a person claims a pensioner education supplement before 1 April in a
particular year; and
(b) the person’s course of education is a full year course that
starts before that day;
the person’s provisional commencement day is 1 January of that
year.
Claims made before 1 August
(2) If:
(a) a person claims pensioner education supplement before 1 August in a
particular year; and
(b) the person’s course of education is a full year course that
starts in that year:
(i) on 1 July; or
(ii) after 1 July and before 1 August;
the person’s provisional commencement day is 1 July of that
year.
A pensioner education supplement is not payable to a person while the
person is subject to a newly arrived resident’s waiting period (see
sections 1061PU and 1061PV).
Basic rule
(1) Subject to this section, a person is subject to a newly arrived
resident’s waiting period if the person:
(a) has entered Australia on or after 4 March 1997; and
(b) has not been an Australian resident in Australia for a period of, or
periods totalling, 104 weeks.
Note: For Australian resident see subsection
7(2).
Exception—qualifying resident exemption
(2) Subsection (1) does not apply to a person who has a qualifying
residence exemption for an austudy payment.
Note: For qualifying residence exemption see
subsection 7(6).
Exception—person already subject to waiting period
etc.
(3) Subsection (1) does not apply to a person if:
(a) the person has been subject to:
(i) a newly arrived resident’s waiting period under this Act;
or
(ii) a waiting period under Part 2 of the Student Assistance Act
1973 as in force immediately before 1 July 1998; or
(iii) a newly arrived resident’s waiting period under Part 8 of the
Student Assistance Act 1973 as in force immediately before 1 July 1998;
and
(b) that period has ended.
(4) Subsection (1) does not apply to a person if:
(a) the person would:
(i) if the person had made a claim under this Act for a social security
payment other than youth allowance—have been subject to a newly arrived
resident’s waiting period under this Act; or
(ii) if the person had, before 1 July 1998, made a claim under the
Student Assistance Act 1973—have been subject to a waiting period
under Part 2 of that Act or a newly arrived resident’s waiting period
under Part 8 of that Act;
and that period would have ended; or
(b) the person has had:
(i) a qualifying residence exemption for a newstart allowance or a
sickness allowance under this Act; or
(ii) a qualifying residence exemption for a youth training allowance under
the Student Assistance Act 1973; or
(c) in the case of an AUSTUDY allowance recipient—the person was not
subject to a waiting period.
If a person is subject to a newly arrived resident’s waiting
period, the period:
(a) starts on the day on which the person first entered Australia;
and
(b) ends when the person has been an Australian resident in Australia for
a period of, or periods totalling, 104 weeks after that day.
Note: For Australian resident see subsection
7(2).
For the purposes of this Division, a person is subject to a multiple
entitlement exclusion if the person is receiving a pensioner education
supplement under the ABSTUDY scheme.
A pensioner education supplement is not payable to a person if the person
is subject to a multiple entitlement exclusion.
Proper claim
(1) A person who wants to be granted a pensioner education supplement must
make a proper claim for a pensioner education supplement.
Note For proper claim see section 1061PZ
(form), section 1061PZA (lodgment of claim) and section 1061PZB
(residence/presence in Australia).
Claim taken not to be made
(2) For the purposes of subsection (1), if:
(a) a claim for pensioner education supplement is made by or on behalf of
a person; and
(b) at the time the claim is made, the claim cannot be granted because the
person is not qualified for pensioner education supplement;
the claim is taken not to have been made.
To be a proper claim, a claim must be made in writing and must be in
accordance with a form approved by the Secretary.
To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place in Australia approved for the purpose by the Secretary;
or
(c) with a person in Australia approved for the purpose by the
Secretary.
A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note: For Australian resident see subsections
7(2) and (3).
Withdrawal of claim
(1) A claimant for a pensioner education supplement or a person on behalf
of a claimant may withdraw a claim that has not been determined.
Effect of withdrawal
(2) A claim that is withdrawn is taken not to have been made.
Manner of withdrawal
(3) A withdrawal may be made orally or in writing.
The Secretary must, in accordance with this Part, determine a claim for
pensioner education supplement.
The Secretary is to determine that the claim is to be granted if the
Secretary is satisfied that:
(a) the person is qualified for a pensioner education supplement;
and
(b) the supplement is payable.
Date of effect
(1) Subject to this section, a determination under section 1061PZE takes
effect on the day on which the determination is made or on any later day or
earlier day that is stated in the determination.
Notified decision—review sought within 3 months
(2) If:
(a) a decision (previous decision) is made rejecting a
person’s claim for pensioner education supplement; and
(b) a notice is given to the person telling the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3
months after the notice is given, for review of the previous decision;
and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision
took effect.
Notified decision—review sought after 3 months
(3) If:
(a) a decision (previous decision) is made rejecting a
person’s claim for pensioner education supplement; and
(b) a notice is given to the person telling the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3
months after the notice is given, for review of the previous decision;
and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the person sought the
review.
Decision not notified
(4) If:
(a) a decision (previous decision) is made rejecting a
person’s claim for pensioner education supplement; and
(b) no notice is given to the person telling the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of
the previous decision; and
(d) a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision
took effect.
The pensioner education supplement rate is $60.00 per
fortnight.
Pensioner education supplement becomes payable to a person on the first
day on which:
(a) the person is qualified for the supplement; and
(b) no provision of this Act makes the supplement not payable to the
person.
Note 1: For qualification see Subdivision A of Division
1.
Note 2: For circumstances in which a pensioner education
supplement may not be payable see section 1061PO.
(1) Subject to section 1061PZJ, a full instalment of pensioner education
supplement is payable to a person on each pensioner education supplement payday
on which:
(a) the person is qualified for the supplement; and
(b) the supplement is payable to the person.
(2) If the person is outside Australia, the instalments referred to in
subsection (1) are to be paid to the person on such pensioner education
supplement paydays as the Secretary determines for the purposes of this
subsection.
If:
(a) a person claims a pensioner education supplement on a particular day
(the claim day); and
(b) the person’s provisional commencement day is before the claim
day; and
(c) there are one or more pensioner education supplement paydays on or
after the provisional commencement day and before the claim day;
then:
(d) no instalment of pensioner education supplement is payable on that
payday or those paydays; and
(e) a full instalment of pensioner education supplement in respect of that
payday or each of those paydays is payable on the first pensioner education
supplement payday on or after that payday or the last of those
paydays.
Note: For provisional commencement day see
Subdivision B of Division 2.
Payments to person
(1) Subject to subsection (2), instalments of a person’s pensioner
education supplement are to be paid to the person.
Direction to pay to someone else
(2) The Secretary may direct that the whole or a part of the instalments
of a person’s pensioner education supplement is to be paid to someone else
on behalf of the person.
Payment in accordance with direction
(3) If the Secretary gives a direction under subsection (2), the
instalments are to be paid in accordance with the direction.
Manner of payment
(1) An amount that is to be paid to a person under section 1061PZK is to
be paid in the manner set out in this section.
Payment into account
(2) Subject to this section, the amount is to be paid, at the intervals
that the Secretary directs, to the credit of a bank account, credit union
account or building society account nominated and maintained by the
person.
Joint or common account
(3) The account may be an account that is maintained by the person either
alone or jointly or in common with another person.
Secretary may direct payment in different way
(4) The Secretary may direct that the whole or a part of the amount be
paid to the person in a different way from that provided for by subsection
(2).
Payment in accordance with direction
(5) If the Secretary gives a direction under subsection (4), the amount is
to be paid in accordance with the direction.
If the Secretary is satisfied that an amount of pensioner education
supplement that would normally be paid on a particular day cannot reasonably be
paid on that day (because, for example, it is a public holiday or a bank
holiday), the Secretary may direct that the amount be paid on an earlier
day.
Payment to person determined by Secretary
(1) If:
(a) a pensioner education supplement is payable to a person; and
(b) the person dies; and
(c) at the date of the person’s death, the person had not received
an amount of pensioner education supplement payable to him or her; and
(d) another person applies to receive the amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special
circumstances;
the Secretary may pay the amount to the person who, in the
Secretary’s opinion, is best entitled to it.
No further liability for Commonwealth
(2) If the Secretary pays an amount of pensioner education supplement
under subsection (1), the Commonwealth has no further liability to any person in
respect of that amount of pensioner education supplement.
Supplement absolutely inalienable
(1) Subject to subsections (2) and (3) and section 1359, pensioner
education supplement is absolutely inalienable, whether by way of, or in
consequence of, sale, assignment, charge, execution, bankruptcy or
otherwise.
Payments to Commissioner of Taxation at recipient’s
request
(2) The Secretary may make deductions from the instalments of pensioner
education supplement payable to a person if the person asks the
Secretary:
(a) to make the deductions; and
(b) to pay the amount to be deducted to the Commissioner of
Taxation.
Note: The Secretary must make deductions from a
person’s pensioner education supplement if requested by the Commissioner
of Taxation (see section 1359).
Deductions from instalments with recipient’s consent
(3) The Secretary may make deductions from the instalments of pensioner
education supplement payable to a person if the person consents under section
1234A to the Secretary making the deduction.
Note: Section 1234A enables the Secretary to recover a debt
from a person other than the debtor if the person is receiving a pensioner
education supplement.
Court order not to apply to saved amount
(1) If:
(a) a person has an account with a financial institution; and
(b) instalments of pensioner education supplement payable to the person
are being paid (whether on the person’s own behalf or not) to the credit
of that account; and
(c) a court order in the nature of a garnishee order comes into force in
respect of the account;
the court order does not apply to the saved amount (if any) in the
account.
Method of working out saved amount
(2) The saved amount is worked out as follows:
Method statement
Step 1. Work out the total amount of pensioner education supplement
payable to the person that has been paid to the credit of the account during the
4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from
the account during the same 4 week period: the result is the saved
amount.
Single, joint or common account
(3) This section applies to an account whether it is maintained by a
person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Secretary may give notice requiring information
(1) The Secretary may give a person to whom a pensioner education
supplement is being paid a notice that requires the person to tell the
Department if:
(a) a stated event or change of circumstances occurs; or
(b) the person becomes aware that a stated event or change of
circumstances is likely to occur.
Event or change relevant to payment
(2) An event or change of circumstances is not to be stated in a notice
under subsection (1) unless the occurrence of the event or change of
circumstances might affect the payment of the pensioner education
supplement.
Formalities related to notice
(3) Subject to subsection (4), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must state how the person is to give the information to the
Department; and
(d) must state the period within which the person is to give the
information to that Department; and
(e) must state that the notice is a recipient notification notice given
under this Act.
Validity of notice
(4) A notice under subsection (1) is not invalid merely because it fails
to comply with paragraph (3)(c) or (e).
Period within which information to be given
(5) Subject to subsection (6), the period stated under paragraph (3)(d)
must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs;
or
(b) the day on which the person becomes aware that the event or change of
circumstances is likely to occur.
Person leaving Australia
(6) If a notice requires the person to tell the Department of any proposal
by the person to leave Australia, subsection (5) does not apply to that
requirement.
Refusal or failure to comply with notice
(7) A person must not, without reasonable excuse, intentionally or
recklessly refuse or fail to comply with a notice under subsection (1) to the
extent that the person is capable of complying with the notice.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court that convicts an individual of an offence to impose a fine instead of,
or in addition to, a term of imprisonment. The maximum fine that a court can
impose on the individual is worked out by multiplying the maximum term of
imprisonment (in months) by 5, and then multiplying the resulting number by the
amount of a penalty unit. The amount of a penalty unit is stated in section 4AA
of that Act.
Application overseas
(8) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; and
(b) all people irrespective of their nationality or citizenship.
Secretary may give notice requiring statement on matter
(1) The Secretary may give a person to whom a pensioner education
supplement is being paid a notice that requires the person to give the
Department a statement about a matter that might affect the payment of the
pensioner education supplement to the person.
Formalities related to notice
(2) Subject to subsection (3), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must state how the statement is to be given to the Department;
and
(d) must state the period within which the person is to give the statement
to the Department; and
(e) must state that the notice is a recipient statement notice given under
this Act.
Validity of notice
(3) A notice under subsection (1) is not invalid merely because it fails
to comply with paragraph (2)(c) or (e).
Period within which statement to be provided
(4) The period stated under paragraph (2)(d) must end at least 14 days
after the day on which the notice is given.
Statement must be in approved form
(5) A statement given in response to a notice under subsection (1) must be
in writing and in accordance with a form approved by the Secretary.
Refusal or failure to comply with notice
(6) A person must not, without reasonable excuse, intentionally or
recklessly refuse or fail to comply with a notice under subsection (1) to the
extent that the person is capable of complying with the notice.
Penalty: Imprisonment for 6 months.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court that convicts an individual of an offence to impose a fine instead of,
or in addition to, a term of imprisonment. The maximum fine that a court can
impose on the individual is worked out by multiplying the maximum term of
imprisonment (in months) by 5, and then multiplying the resulting number by the
amount of a penalty unit. The amount of a penalty unit is stated in section 4AA
of that Act.
Application overseas
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; and
(b) all people irrespective of their nationality or citizenship.
A determination that:
(a) a person’s claim for a pensioner education supplement is to be
granted; or
(b) a pensioner education supplement is payable to a person;
continues in effect until:
(c) the supplement ceases to be payable under section 1061PZT, 1061PZU or
1061PZV; or
(d) a further determination in relation to the supplement under section
1061PZX or 1061PZY has taken effect.
Note 1: For paragraph (a) see section
1061PZE.
Note 2: For paragraph (b) see section 1061PZZA—this
paragraph is relevant if the determination in question reverses an earlier
cancellation or suspension.
Note 3: For paragraph (d) see also section
1061PZZ.
If:
(a) a person who is receiving a pensioner education supplement is given a
notice under section 1061PZQ; and
(b) the notice requires the person to tell the Department of the
occurrence of an event or change in circumstances within a stated period
(notification period); and
(c) the event or change in circumstances occurs; and
(d) the person tells the Department of the occurrence of the event or
change in circumstances within the notification period in accordance with the
notice; and
(e) because of the occurrence of the event or change in
circumstances:
(i) the person ceases to be qualified for the supplement; or
(ii) the supplement would, apart from this section, cease to be payable to
the person; and
(f) the supplement is not cancelled before the end of the notification
period;
the supplement continues to be payable to the person until the end of the
notification period and then ceases to be payable to the person.
If:
(a) a person who is receiving a pensioner education supplement is given a
notice under section 1061PZQ; and
(b) the notice requires the person to tell the Department of the
occurrence of an event or change in circumstances within a stated period
(notification period); and
(c) the event or change in circumstances occurs; and
(d) the person does not tell the Department of the occurrence of the event
or change in circumstances within the notification period in accordance with the
notice; and
(e) because of the occurrence of the event or the change in
circumstances:
(i) the person ceases to be qualified for the supplement; or
(ii) the supplement ceases to be payable to the person;
the supplement ceases to be payable to the person immediately before the
day on which the event or change in circumstances occurs.
Supplement ceases to be payable
(1) If:
(a) a person who is receiving a pensioner education supplement is given a
notice under section 1061PZR requiring the person to give the Department a
statement; and
(b) the notice relates to the payment of the supplement in respect of a
period stated in the notice; and
(c) the person does not comply with the notice;
then, subject to subsection (2), the supplement ceases to be payable to the
person as from the first day in that period.
Secretary may determine that supplement continues
(2) If the Secretary is satisfied that, in the special circumstances of
the case, it is appropriate to do so, the Secretary may determine in writing
that subsection (1) does not apply to the person from a day stated in the
determination.
Stated day
(3) The day stated under subsection (2) may be before or after the making
of the determination.
If:
(a) a person is receiving a pensioner education supplement on the basis of
data in a computer; and
(b) the supplement is automatically terminated by the operation of a
provision of this Act; and
(c) the automatic termination is given effect to by the operation of a
computer program approved by the Secretary stopping payment of the
supplement;
there is taken to be a decision by the Secretary that the automatic
termination provision applies to the person’s supplement.
Note: The decision that is taken to have been made is a
decision of an officer for the purposes of review by the Secretary (see sections
1239 and 1240) and the Social Security Appeals Tribunal (see section
1247).
If the Secretary is satisfied that a pensioner education supplement is
being, or has been, paid to a person to whom it is not, or was not, payable
under this Act, the Secretary is to determine that the supplement is to be
cancelled or suspended.
Note 1: A determination under this section is not necessary
if an automatic termination is produced by section 1061PZT, 1061PZU or 1061PZV
(see section 1061PZS).
Note 2: For the date of effect of a determination under this
section see section 1061PZZC.
If:
(a) a person who is receiving a pensioner education supplement is given a
notice under section 1061PZR, 1304 or 1305; and
(b) the person does not comply with the requirements set out in the
notice;
the Secretary may determine that the supplement is to be cancelled or
suspended.
Note 1: This section will not apply if section 1061PZT or
1061PZX applies.
Note 2: For the date of effect of a determination under this
section see section 1061PZZC.
If:
(a) payment of a pensioner education supplement to a person is based upon
data in a computer; and
(b) the supplement is cancelled or suspended, because of the operation of
a computer program approved by the Secretary; and
(c) the program causes the change for a reason for which the Secretary
could determine the change;
the change is taken to have been made because of a determination by the
Secretary for that reason.
Note: The determination that is taken to have been made is a
decision of an officer for the purposes of review by the Secretary (see sections
1239 and 1240) and the Social Security Appeals Tribunal (see section
1247).
Secretary to determine supplement payable
(1) If the Secretary:
(a) cancels or suspends a person’s pensioner education supplement
under section 1061PZX or 1061PZY; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that because of the decision to cancel or
suspend:
(i) the person did not receive a pensioner education supplement that was
payable to the person; or
(ii) the person is not receiving a pensioner education supplement that is
payable to the person;
the Secretary is to determine that a pensioner education supplement was or
is payable to the person.
Reconsideration on application or Secretary’s
initiative
(2) The reconsideration referred to in paragraph (1)(b) may be a
reconsideration of an application under section 1240 for review or a
reconsideration on the Secretary’s own initiative.
Note: For the date of effect of a determination under this
section see section 1061PZZB.
Method of working out date
(1) The day on which a determination under section 1061PZZA
(favourable determination) takes effect is worked out in
accordance with this section.
Notified decision—review sought within 3 months
(2) If:
(a) a decision (previous decision) is made in relation to a
pensioner education supplement; and
(b) a notice is given to the person to whom the supplement is payable
telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3
months after the notice is given, for review of the previous decision;
and
(d) a favourable determination is made as a result of the application for
review;
the determination takes effect on the day on which the previous decision
took effect.
Notified decision—review sought after 3 months
(3) If:
(a) a decision (previous decision) is made in relation to a
pensioner education supplement; and
(b) a notice is given to the person to whom the supplement is payable
telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 more than 3
months after the notice is given, for review of the previous decision;
and
(d) a favourable determination is made as a result of the application for
review;
the determination takes effect on the day on which the person sought the
review.
Decision not notified
(4) If:
(a) a decision (previous decision) is made in relation to a
pensioner education supplement; and
(b) no notice is given to the person to whom the supplement is payable
telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of
the previous decision; and
(d) a favourable determination is made as a result of the application for
review;
the determination takes effect on the day on which the previous decision
took effect.
Notified change of circumstances
(5) If the favourable determination is made following a person having told
the Department of a change in circumstances, the determination takes effect on
the day on which the Department was told or the day on which the change
occurred, whichever is the later.
Other determinations
(6) In any other case, the favourable determination takes effect on the
day on which the determination was made or on any later day or earlier day
(other than a day more than 3 months before the determination was made) that is
stated in the determination.
General
(1) The day on which a determination under section 1061PZX or 1061PZY
(adverse determination) takes effect is worked out in accordance
with this section.
Note: If the adverse determination depends on a discretion
or opinion and a person affected by the determination applies for review, the
Secretary may continue payment pending the outcome of the review (see section
1241 (internal review) and section 1251 (review by Social Security Appeals
Tribunal)).
Date determination takes effect
(2) Subject to subsection (6), the adverse determination takes effect
on:
(a) the day on which the determination is made; or
(b) if another day is stated in the determination—that
day.
Later date than determination
(3) Subject to subsections (4) and (5), the day stated under paragraph
(2)(b) must be later than the day on which the determination is made.
Contravention of Act by person whose supplement is
affected
(4) If:
(a) the person whose supplement is affected by the adverse determination
has contravened a provision of this Act (other than section 1061PZR, 1304, 1305,
1306 or 1307); and
(b) the contravention causes a delay in making the
determination;
the day stated under paragraph (2)(b) may be earlier than the day on which
the determination is made.
False statement or misrepresentation—suspension or
cancellation
(5) If:
(a) a person has made a false statement or a misrepresentation;
and
(b) because of the false statement or misrepresentation, the supplement
has been paid to a person when it should have been cancelled or
suspended;
the day stated under paragraph (2)(b) may be earlier than the day on which
the determination is made.
Section 1061PZR statements
(6) If the adverse determination is made following a person having given
the Department a statement about a matter in accordance with section 1061PZR,
the determination takes effect on the day on which the matter arose.
6 At the end of Part 3.13
Add:
A pensioner education supplement is not payable to a person on a
pensioner education supplement payday if on that payday the person is:
(a) in gaol; or
(b) undergoing psychiatric confinement because the person has been charged
with committing an offence.
Note 1: For pensioner education supplement
payday see subsection 23(1).
Note 2: For in gaol see subsection
23(5).
Note 3: For psychiatric confinement see
subsections 23(8) and (9).
Part
1—Amendment of the Social
Security Act 1991
1 Section 3 (index)
Insert the following entry in its appropriate position, determined on a
letter-by-letter basis:
|
financial supplement |
23(1) |
2 Subsection 5(1) (paragraph (ca) of the
definition of prescribed educational scheme)
Omit “the”, substitute “a”.
3 Paragraph 8(8)(zfa)
Omit “the Student”, substitute “a
Student”.
4 Subsection 23(1)
Insert:
financial supplement means financial supplement under the
Student Financial Supplement Scheme established under Chapter 2B.
5 Subsection 23(1) (paragraph (b) of the
definition of student assistance benefit decision)
After “Scheme”, insert “constituted by Part 4A of the
Student Assistance Act 1973”.
6 Subsection 23(1) (definition of Student
Financial Supplement Scheme)
Repeal the definition, substitute:
Student Financial Supplement Scheme means:
(a) the scheme constituted by Part 4A of the Student Assistance Act
1973; or
(b) the scheme established under Chapter 2B of this Act.
7 Paragraph 500V(2)(c) and subparagraph
660XCO(1)(a)(iii)
Omit “the”, substitute “a”.
8 Paragraphs 665A(b), 665E(b), 665I(b), 665M(c)
and 665ZFA(b)
Omit “under the Student Financial Supplement Scheme”.
9 Subparagraph 771HA(1)(c)(ii) and paragraph
771HJ(c)
Omit “the”, substitute “a”.
10 After Chapter 2A
Insert:
The object of this Chapter is to provide for the establishment by the
Minister of a Student Financial Supplement Scheme enabling certain tertiary
students to obtain a repayable financial supplement by entering into a contract
for that purpose with a financial corporation that participates in the
scheme.
(1) The Minister may, by instrument in writing, establish a Student
Financial Supplement Scheme under which certain tertiary students to whom youth
allowance, austudy payment or pensioner education supplement is payable, or to
whom youth allowance would be payable except for the youth allowance parental
income test, can obtain a repayable financial supplement by entering into a
contract for that purpose with a financial corporation that participates in the
scheme.
(2) The Minister may, from time to time, vary or revoke the scheme by
instrument in writing.
(3) The scheme, whether as originally established or as varied, must
include provisions of the kind mentioned in section 1061ZY, in addition to
satisfying the requirements of subsection (1).
(4) An instrument under this section has effect according to its terms,
despite anything else in this Act or in any other Act.
(5) An instrument under this section is a disallowable
instrument.
(1) The scheme must provide for the reduction of the rate of youth
allowance, austudy payment or pensioner education supplement payable to a
student who obtains financial supplement. It must also contain provisions under
which the amount of supplement that the student is eligible to obtain depends on
the total rate of youth allowance, austudy payment or pensioner education
supplement that the student chooses to receive. The provisions must allow the
student to choose to repay some or all of the youth allowance, austudy payment
or pensioner education supplement, or to receive a lower rate of payment of such
allowance, payment or supplement, in order to receive a higher amount of
financial supplement.
(2) The scheme must provide that the student is not liable to pay interest
to the financial corporation in respect of financial supplement received by the
student, but must provide for payment by the Commonwealth, without cost to the
student, of a subsidy to the financial corporation that includes an amount in
lieu of interest.
(3) The scheme must provide for the amount of the financial supplement
that has to be repaid under a contract to be indexed on 1 June in the year next
following the year in which the contract is entered into, and on 1 June in each
subsequent year. The amount by which the supplement is increased by indexation
is to be owed by the student to the Commonwealth and not to the financial
corporation. Under the scheme, the student is to be entitled, but not required,
to make early repayments in respect of the supplement during the period of the
contract. The scheme is to provide for a discount for any repayments before the
end of that period.
(4) The scheme must provide that if financial supplement paid to a student
is not repaid in full before the end of the period of the contract, the
obligation to repay the outstanding amount of the supplement is assigned to the
Commonwealth, and the indexed amount is repayable by the student to the
Commonwealth through the taxation system when the student’s income reaches
a specified level.
Without limiting section 1061ZX, an instrument under that section may
include any provisions that are necessary or convenient for carrying out or
giving effect to the scheme, including, for example, provisions relating to the
following matters:
(a) the tertiary students who are eligible to obtain financial
supplement;
(b) the circumstances in which youth allowance, austudy payment or
pensioner education supplement is taken to be payable to a person, and the rate
at which it is taken to be so payable, for the purposes of the scheme;
(c) applications for financial supplement;
(d) the amount of financial supplement that a student can obtain, and the
effect of payment of financial supplement on the student’s rate of youth
allowance, austudy payment or pensioner education supplement;
(e) the payment of financial supplement;
(f) the protection of financial supplement;
(g) the obligations of students who obtain financial supplement;
(h) the circumstances in which payments of financial supplement are to
stop;
(i) the repayment of financial supplement during the contract
period;
(j) the recovery of outstanding amounts of financial supplement after the
end of the contract period;
(k) the application of the Bankruptcy Act 1966 in relation to
rights and liabilities arising under or out of financial supplement
contracts;
(l) the exemption from State and Territory taxes of assignments and other
acts and transactions under the scheme;
(m) the review of decisions made under the scheme and the effect of
decisions made on such reviews;
(n) the delegation of powers conferred on the Secretary under the
scheme;
(o) transitional matters arising out of the enactment of this Chapter, the
establishment of the scheme and the consequential amendment of Part 4A of the
Student Assistance Act 1973.
Request for tax file number
(1) The Secretary may request but not compel a person who is obtaining
financial supplement:
(a) if the person has a tax file number—to give the Secretary a
written statement of the person’s tax file number; or
(b) if the person does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the person’s tax
file number after the Commissioner of Taxation has issued it.
Failure to satisfy request
(2) A person is not eligible to obtain financial supplement if, at the end
of 28 days after a request is made:
(a) the person has failed to satisfy the request; and
(b) the Secretary has not exempted the person from having to satisfy the
request.
Request for parent’s tax file number
(1) If:
(a) a person (recipient) is obtaining financial supplement;
and
(b) the income of a parent of the recipient is required to be taken into
account for the purpose of working out the recipient’s eligibility for
financial supplement; and
(c) the parent is in Australia;
the Secretary may request but not compel the recipient to give the
Secretary a written statement of the tax file number of the parent.
Failure to satisfy request
(2) A recipient is not eligible to obtain financial supplement if, at the
end of 28 days after a request is made:
(a) the recipient has failed to satisfy the request; and
(b) the Secretary has not exempted the recipient from having to satisfy
the request.
(3) In this section:
parent has the same meaning as in paragraph (b) of the
definition of parent in subsection 5(1).
11 At the end of subsection
1304(1)
Add:
; or (g) whether a person who has applied for financial supplement is
eligible to obtain it; or
(h) whether a person who has obtained a financial supplement is or was
eligible to obtain it; or
(i) the determination of the maximum amount of financial supplement that a
person is eligible to obtain.
12 At the end of subsection
1304(10)
Add:
; and (d) all persons, irrespective of their nationality, who are
applying, or who have applied, for financial supplement; and
(e) all persons, irrespective of their nationality, who are obtaining, or
have obtained, financial supplement.
13 Subsection 1305(1)
After “this Act”, insert “, the Student Financial
Supplement Scheme established under Chapter 2B”.
14 At the end of subsection
1305(9)
Add:
; and (d) all persons, irrespective of their nationality, who are
applying, or who have applied, for financial supplement; and
(e) all persons, irrespective of their nationality, who are obtaining, or
have obtained, financial supplement.
15 Paragraph 1306(1)(a)
After “this Act”, insert “, the Student Financial
Supplement Scheme established under Chapter 2B”.
16 At the end of subsection
1306(8)
Add:
; and (d) all persons, irrespective of their nationality, who are
applying, or who have applied, for financial supplement; and
(e) all persons, irrespective of their nationality, who are obtaining, or
have obtained, financial supplement.
17 Subsection 1307(1)
Omit “either or both”, substitute “all or
any”.
18 At the end of subsection
1307(1)
Add:
; (c) detecting cases in which financial supplement has been paid when it
should not have been paid;
(d) verifying the eligibility of persons who have applied for financial
supplement.
19 At the end of subsection
1307(5)
Add “or who have obtained, are obtaining, or who have applied for,
financial supplement”.
20 At the end of subsection
1307(13)
Add:
; and (d) all persons, irrespective of their nationality, who are
applying, or who have applied, for financial supplement; and
(e) all persons, irrespective of their nationality, who are obtaining, or
have obtained, financial supplement.
21 At the end of section
1343
Add:
; and (d) all persons, irrespective of their nationality, who are
applying, or who have applied, for financial supplement; and
(e) all persons, irrespective of their nationality, who are obtaining, or
have obtained, financial supplement.
22 After paragraph
1344(1)(a)
Insert:
(aa) application for financial supplement; or
Note: The heading to section 1344 is altered by inserting
“, applications” after
“claims”.
23 At the end of subsection
1345(1)
Add:
; or (c) affect the amount of financial supplement that a person is
eligible to obtain.
24 At the end of paragraph
1348(b)
Add “or”.
25 After paragraph 1348(b)
Insert:
(ba) payment of financial supplement;
26 Paragraph 1351(1)(b)
After “payment”, insert “or financial
supplement”.
Note: The heading to section 1351 is altered by omitting
“or allowance” and substituting “, allowance or
financial supplement”.
27 Subsection 1363(1)
After “Act”, insert “, and payments by the Commonwealth
to financial corporations under the Student Financial Supplement Scheme
established under Chapter 2B of this Act,”.
Part
2—Consequential amendments
of other Acts
Data-matching
Program (Assistance and Tax) Act 1990
28 Subsection 3(1) (subparagraph (b)(iia) of the
definition of personal assistance)
Repeal the subparagraph, substitute:
(iia) financial supplement under the Student Financial Supplement Scheme
constituted by Part 4A of the Student Assistance Act 1973;
29 Subsection 3(1) (after paragraph (ca) of the
definition of personal assistance)
Insert:
(cb) a payment of financial supplement under the Student Financial
Supplement Scheme established under Chapter 2B of the Social Security Act
1991; or
Veterans’
Entitlements Act 1986
30 Paragraph 118AA(c)
After “Scheme”, insert “constituted by Part 4A of the
Student Assistance Act 1973 or established under Chapter 2B of the
Social Security Act 1991”.
1 Section 3 (index)
Insert the following entry in its appropriate position, determined on a
letter-by-letter basis:
|
fares allowance |
23(1) |
2 Subsection 23(1)
Insert:
fares allowance means fares allowance under an instrument in
force under section 1061ZAAA.
3 At the end of Chapter 2
Add:
(1) The Minister may, by instrument in writing, provide for the payment of
fares allowance to certain tertiary students.
(2) The Minister may from time to time, by instrument in writing, vary or
revoke an instrument made under this section.
(3) An instrument made under this section has effect according to its
terms.
(4) An instrument made under this section is a disallowable
instrument.
Without limiting section 1061ZAAA, an instrument made under that section
may include provisions relating to the following matters:
(a) the tertiary students who are eligible for fares allowance;
(b) claims, and the determination of claims, for fares
allowance;
(c) the kinds of journeys for which, and the circumstances in which, fares
allowance may be paid;
(d) the amount, or the calculation of the amount, of fares allowance that
may be paid to a student;
(e) the payment of fares allowance;
(f) the protection of fares allowance;
(g) the obligations of students to whom fares allowance is paid;
(h) the review of decisions made under the instrument and the effect of
decisions made on such review;
(i) the delegation of powers conferred on the Secretary by the
instrument;
(j) the recovery by the Commonwealth of amounts paid by way of fares
allowance that should not have been paid;
(k) transitional matters arising out of the enactment of this Part and the
making of an instrument providing for fares allowance under section
1061ZAAA.
4 After paragraph
1304(1)(c)
Insert:
(ca) whether a person who has made a claim for fares allowance, is or was
eligible for fares allowance; or
5 Paragraphs 1304(10)(b), 1305(9)(b) and
1306(8)(b)
After “Act”, insert “, or for fares
allowance”.
6 At the end of paragraphs 1304(10)(c),
1305(9)(c) and 1306(8)(c)
Add “or to whom fares allowance has been paid”.
7 Paragraph 1307(1)(a)
After “Act”, insert “or of fares
allowance”.
8 Paragraph 1307(1)(b)
Repeal the paragraph, substitute:
(b) verifying the qualification of persons who have made claims for social
security payments under this Act, or the eligibility of persons who have made
claims for fares allowance, for the payments or allowance.
9 After subsection 1307(5)
Insert:
(5A) The Secretary may specify a particular class of persons in the notice
whether or not the Secretary is able to identify any of the persons in that
class as being persons:
(a) who have been paid fares allowance; or
(b) who have made claims for fares allowance.
10 Paragraph 1307(13)(b)
After “Act”, insert “or for fares
allowance”.
11 At the end of paragraph
1307(13)(c)
Add “or to whom fares allowance has been paid”.
12 Paragraph 1343(b)
After “Act”, insert “or for fares
allowance”.
13 At the end of paragraph
1343(c)
Add “or to whom fares allowance has been paid”.
14 Paragraph 1344(1)(a)
After “Act”, insert “or for fares
allowance”.
15 After paragraph
1345(1)(a)
Insert:
(aa) affect the amount of fares allowance that may be paid to a person;
or
16 Paragraph 1347(a)
After “Act”, insert “or of fares
allowance”.
17 Section 1347
Omit “which is:”, substitute “for which the person is not
eligible, or which is:”.
18 Paragraph 1348(a)
After “Act”, insert “or of fares
allowance”.
19 Paragraph 1351(1)(b)
After “by way of”, insert “fares
allowance,”.
20 After subsection 1363(1)
Insert:
(1A) Payments of fares allowance must be made out of the Consolidated
Revenue Fund, which is appropriated accordingly.
1 Section 1190 (table item 2, column
4)
Omit “[Benefit Rate Calculator A—point 1067-B1—Table
B—column 3A—all amounts]”.
2 Section 1190 (table item 3, column
4)
Omit “[Benefit Rate Calculator A—point 1067-B1—Table
B—column 3B—all amounts]”.
3 Section 1190 (table item
3A)
Repeal the item, substitute:
|
3A. |
Maximum basic rate for youth allowance |
YA MBR |
[Youth Allowance Rate Calculator—point
1067G-B2—Table BA—column 3—all amounts] |
|
|
|
|
[Youth Allowance Rate Calculator—point
1067G-B3—Table BB—column 3—all amounts] |
|
|
|
|
[Youth Allowance Rate Calculator—point
1067G-B4—Table BC—column 3—all amounts] |
|
3B. |
Maximum basic rate for austudy payment |
AP MBR |
[Austudy Payment Rate Calculator—point
1067L-B2—Table BA—column 3—all amounts] |
|
|
|
|
[Austudy Payment Rate Calculator—point
1067L-B3—Table BB—column 3—all amounts] |
4 Section 1190 (table item 18, column
4)
Omit “[Benefit Rate Calculator A—point 1067-F13—Table
F—column 4—all amounts]”.
5 Section 1190 (table item
18AA)
Repeal the item, substitute:
|
18AA. |
Rate of rent assistance for youth allowance |
YA RA |
[Youth Allowance Rate Calculator—point
1067G-D6—Table DB—column 4—all amounts] |
6 Section 1190 (table item 18A, column
2)
Omit “sickness benefit”, substitute “sickness
allowance”.
7 Section 1190 (table item 18A, column
4)
Omit “[Benefit Rate Calculator A—point 1067-F1A—Table
FA—column 3—all amounts]”.
8 Section 1190 (table item 18A, column
4)
Omit “[Benefit Rate Calculator A—point 1067-F13—Table
F—column 3—rent threshold amounts]”.
9 Section 1190 (table item
18B)
Repeal the item, substitute:
|
18B. |
Rent threshold rate for youth allowance |
YA rent threshold |
[Youth Allowance Rate Calculator—point
1067G-D2—Table DA—column 3—all amounts] |
10 Section 1190 (table item 28, column
4)
After “[subsection 408CE(2)—table—column 3—item
1]”, insert:
|
|
[paragraph 547C(b)] [paragraph 573B(a)] |
|
|
11 Section 1190 (table item 29, column
4)
After “[subsection 408CE(2)—table—column 3—item
2]”, insert:
|
. |
[paragraph 547C(c)] [paragraph 573B(b)] |
|
|
12 Section 1190 (table item 30, column
4)
Before “[subsection 611(2)—table—column 3A—item
2]”, insert:
|
|
[paragraph 547C(d)] [paragraph 573B(c)] |
|
|
13 Section 1190 (table item 31, column
4)
Before “[subsection 611(2)—table—column 3B—item
2]”, insert:
|
|
[paragraph 547C(e)] [paragraph 573B(d)] |
|
|
14 Section 1190 (after table item
33)
Insert:
|
33A. |
Assets value limit for youth allowance for person who is not
independent (see section 1067A) |
YA (non-independent) AVL |
[paragraph 547C(a)] |
15 Section 1190 (before table item 41, column
2)
Omit “Parental means test”, substitute
“Parental income test”.
16 Section 1190 (table item 41, column
3)
After “parental”, insert “income”.
17 Section 1190 (table item 41, column
4)
Omit “[Benefit Rate Calculator A—point 1067-G17—Table
G— column 1]”, substitute “[paragraph
1067G-F22(a)]”.
18 Section 1190 (table item
42)
Repeal the item.
19 Section 1190 (table item 45, column
4)
Omit “[Benefit Rate Calculator A—point
1067-D9—table—column 3—item 1]”.
20 Section 1190 (table item 47, column
4)
Omit “[Benefit Rate Calculator A—point
1067-D9—table—column 3—item 2]”.
21 Section 1190 (table item 49, column
4)
Omit “[Benefit Rate Calculator A—point
1067-D9—table—column 3—items 4 and 5]”.
22 Section 1190 (table item 49B, column
4)
Omit “[Benefit Rate Calculator A—point
1067-D9—table—column 3—item 5]”.
23 Section 1190 (table item 49D, column
4)
Omit “[Benefit Rate Calculator A—point
1067-D9—table—column 3—item 7]”.
24 Section 1190 (table items 49E to
49J)
Repeal the items, substitute:
|
49E. |
Rate of pharmaceutical allowance for a person
who: |
PA (YA/AP) single |
[Youth Allowance Rate Calculator—point
1067G-C3—Table C—item 1—column 3] [Austudy Payment Rate Calculator—point
1067L-C3—Table C—item 1—column 3] |
|
49F. |
Rate of pharmaceutical allowance for a person
who: |
PA (YA/AP) partnered |
[Youth Allowance Rate Calculator—point
1067G-C3—Table C—item 2—column 3] [Austudy Payment Rate Calculator—point
1067L-C3—Table C—item 2—column 3] |
|
49G. |
Rate of pharmaceutical allowance for a person
who: |
PA (YA/AP) (item 49G) |
[Youth Allowance Rate Calculator—point
1067G-C3—Table C—items 3 and 4—column 3] [Austudy Payment Rate Calculator—point
1067L-C3—Table C—items 3 and 4—column 3] |
|
49H. |
Rate of pharmaceutical allowance for a person
who: |
PA (YA/AP) (item 49H) |
[Youth Allowance Rate Calculator—point
1067G-C3—Table C—item 5—column 3] [Austudy Payment Rate Calculator—point
1067L-C3—Table C—item 5—column 3] |
|
49J. |
Rate of pharmaceutical allowance for a person
who: |
PA (YA/AP) (item 49J) |
[Youth Allowance Rate Calculator—point
1067G-C3—Table C—item 6—column 3] [Austudy Payment Rate Calculator—point
1067L-C3—Table C—item 6—column 3] |
25 Section 1190 (table items 3, 18, 45, 47, 49,
49B and 49D)
Omit “(other than sickness allowance payable to a person referred to
in subsection 709(3))”.
26 Section 1190 (table items 18A and 28 to
33)
Omit “(other than sickness benefit payable to a person referred to in
subsection 709(3))”.
27 Subsection 1191(1) (table item
3A)
Repeal the item, substitute:
|
3A. |
YA MBR |
1 January |
June |
highest June quarter before reference quarter (but not
earlier than June quarter 1997) |
$0.10 |
|
3B. |
AP MBR |
1 January |
June |
highest June quarter before reference quarter (but not
earlier than June quarter 1997) |
$0.10 |
28 Subsection 1191(1) (table item
12AA)
Repeal the item, substitute:
|
12AA. |
YA RA |
(a) 20 March |
(a) December |
highest June or |
$0.20 |
|
|
|
(b) 20 Sept |
(b) June |
December quarter before reference quarter (but not earlier
than June quarter 1997) |
|
29 Subsection 1191(1) (table item
12B)
Repeal the item, substitute:
|
12B. |
YA |
(a) 20 March |
(a) December |
highest June or |
$0.20 |
|
|
Rent threshold |
(b) 20 Sept |
(b) June |
December quarter before reference quarter (but not earlier
than June quarter 1997) |
|
30 Subsection 1191(1) (table item
24)
Repeal the item, substitute:
|
24. |
YA (non-independent) AVL |
1 January |
June |
most recent June quarter before reference
quarter |
$250.00 |
31 Subsection 1191(1) (before table item 30,
column 2)
Omit “Parental means test”, substitute
“Parental income test”.
32 Subsection 1191(1) (table item
33A)
Repeal the item, substitute:
|
33A. |
PA (YA/AP) partnered (item 49F) and PA (YA/AP) (item
49H) |
1 January |
September |
highest September quarter before reference quarter (but not
earlier than Sept quarter 1997) |
$0.10 |
33 Section 1198A (table, column
2)
Omit “Benefit Rate Calculator A—point 1067-B1—Table
B” (wherever occurring).
34 Section 1198A (table items 1 to
4)
Repeal the items.
35 Section 1198A (table items 9 to
12)
Repeal the items.
36 Section 1198B (table, column
2)
Omit “Benefit Rate Calculator A—point 1067-B1—Table
B” (wherever occurring).
37 Section 1198B (table items 1 to
4)
Repeal the items.
38 Section 1198B (table items 9 to
12)
Repeal the items.
39 Subsection 1206A(4)
Repeal the subsection, substitute:
(4) This Act has effect as if, on 1 January 1999 and on 1 January in each
later year, there were substituted for the PA (YA/AP) single rate, the PA
(YA/AP) (item 49G) rate and the PA (YA/AP) (item 49J) rate the amount worked out
by using the formula:
where:
current PA (YA/AP) partnered rate means the current figure,
as at that 1 January, for the PA (YA/AP) partnered rate.
1 Subparagraph
38B(6)(a)(iii)
Omit “1067”, substitute “1067G, 1067L”.
2 Subparagraph
38B(6)(a)(iv)
Repeal the subparagraph.
3 Paragraph 38B(6)(b)
Omit “526(1)(j)”, substitute “547(c), section 553B or
paragraph”.
4 Paragraphs 408PB(7)(a) and
(8)(a)
Omit “1067-H8A or”.
5 At the end of subparagraph
607A(1)(b)(ii)
Add “worked out under Module B of Benefit Rate Calculator
B”.
6 Subsection 607A(2)
Repeal the subsection.
7 At the end of paragraph
607B(2)(b)
Add “worked out under Module B of Benefit Rate Calculator
B”.
8 Subsection 607B(3)
Repeal the subsection.
9 Section 644A
Repeal the section.
10 Section 644H (step 1 of the method
statement)
Repeal the step, substitute:
Step 1. Work out the person’s maximum basic rate of newstart
allowance specified in Table B of Module B of Part 3.6 (Benefit Rate Calculator
B): the result is called the maximum payment rate.
11 Section 644H (step 3 of the method
statement)
Omit “Benefit Rate Calculator A in section 1067 or Benefit Rate
Calculator B in section 1068, as the case requires”, substitute
“Benefit Rate Calculator B in section 1068”.
12 Paragraphs 660L(7)(a), 660L(8)(a),
660YJR(7)(a), 660YJR(8)(a), 728R(7)(a), 728R(8)(a), 771NS(7)(a) and
771NS(8)(a)
Omit “1067-H8A or”.
13 Subsection 1061EE(6)
Omit “the relevant Benefit Rate Calculator”, substitute
“Benefit Rate Calculator B”.
14 Point 1064-E4 (at the end of note
2)
Add “and point 1064-E12”.
15 Section 1064 (at the end of Module E of
Pension Rate Calculator A)
Add:
1064-E12 In this Module:
dependent child, in relation to a person, includes any child
of the person who is under 18 and is receiving a youth allowance.
16 Paragraphs 1064-H5(b), 1065-E4(b),
1066-H4(b), 1066A-I4(b), 1066B-F4(b), 1068-B1A(c), 1068-F14(b) and
1068-J7(b)
Omit “or a youth training allowance”.
17 Point 1066-E4 (at the end of note
1)
Add “and point 1066-E10”.
18 Section 1066 (at the end of Module E of
Pension Rate Calculator C)
Add:
1066-E10 In this Module:
dependent child, in relation to a person, includes any child
of the person who is under 18 and is receiving a youth allowance.
19 Point 1066A-F3 (at the end of note
2)
Add “and point 1066A-F11”.
20 Section 1066A (at the end of Module F of
Pension Rate Calculator D)
Add:
1066A-F11 In this Module:
dependent child, in relation to a person, includes any child
of the person who is under 18 and is receiving a youth allowance.
21 Point 1068-G9
Repeal the point, substitute:
Partner income free area
1068-G9 The partner income free area for a person is:
(a) if the person’s partner is not receiving a social security
benefit and has not turned 21—the amount of income of the partner (rounded
up to the nearest dollar) beyond which youth allowance would not be payable to
the partner if the partner were qualified for a youth allowance and were not
undertaking full-time study (see section 541B); or
(b) if the person’s partner is not receiving a social security
benefit and has turned 21—the amount of income of the partner (rounded up
to the nearest dollar) beyond which newstart allowance would not be payable to
the partner if the partner were qualified for a newstart allowance; or
(c) if the person’s partner is receiving a social security
benefit—the amount of income of the partner (rounded up to the nearest
dollar) beyond which that benefit would not be payable to the partner.
22 Point 1068A-E14 (at the end of note
1)
Add “and point 1068A-E21”.
23 Section 1068A (at the end of Module E of the
Pension PP (Single) Rate Calculator)
Add:
1068A-E21 In this Module:
dependent child, in relation to a person, includes any child
of the person who is under 18 and is receiving a youth allowance.
24 Point 1068B-D22
Repeal the point, substitute:
Partner income free area
1068B-D22 The partner income free area for a person is:
(a) if the person’s partner is not receiving a social security
benefit and has not turned 21—the amount of income of the partner (rounded
up to the nearest dollar) beyond which youth allowance would not be payable to
the partner if the partner were qualified for a youth allowance and were not
undertaking full-time study (see section 541B); or
(b) if the person’s partner is not receiving a social security
benefit and has turned 21—the amount of income of the partner (rounded up
to the nearest dollar) beyond which newstart allowance would not be payable to
the partner if the partner were qualified for a newstart allowance; or
(c) if the person’s partner is receiving a social security
benefit—the amount of income of the partner (rounded up to the nearest
dollar) beyond which that benefit would not be payable to the partner.
25 Subparagraph
1068B-F5(b)(i)
Omit “or a youth training allowance”.
26 Subparagraph
1068B-F5(b)(ii)
Omit “Module H of Benefit Rate Calculator A, Module G of the Sickness
Allowance Rate Calculator”, substitute “Module H of the Youth
Allowance Rate Calculator, Module D of the Austudy Payment Rate
Calculator”.
27 Subparagraph
1068B-F5(b)(ii)
Omit “or” (last occurring).
28 Subparagraph
1068B-F5(b)(iii)
Repeal the subparagraph.
29 Subsection 1131(1A)
Omit “section 1067 (Benefit Rate Calculator A)”, substitute
“section 1067G (Youth Allowance Rate Calculator)”.
30 Subsection 1132(2)
(note)
Omit “Step 5 of the Method statement in point 1067-A1”,
substitute “Step 4 of the Method statement in point
1068-A1”.
31 Paragraph 1132(6)(b)
Omit “1067”, substitute “1067G, 1067L”.
32 Subsection 1157A(1) (note
2)
Omit “Module G of Benefit Rate Calculator A in section 1067”,
substitute “Module F of the Youth Allowance Rate Calculator in section
1067G”.
33 Subsection 1207(2) (table row relating to
Benefit Rate Calculator A)
Repeal the row, substitute:
|
Youth Allowance Rate Calculator (section 1067G) |
Module C |
Module D |
Module H |
|
Not applicable |
|
Austudy Payment Rate Calculator (section 1067L) |
Module C |
Not applicable |
Module D |
|
Not applicable |
34 Paragraph 41(3)(f) of Schedule 1A
Repeal the paragraph.
35 Clause 47 of Schedule 1A
Repeal the clause.
Part
1—Amendments relating to
definitions
1 Section 3 (index)
Omit:
|
automatic deferment provision |
23(1) |
|
education leavers waiting period |
23(1) |
2 Subparagraphs 4(11)(b)(iia) and
(c)(iia)
Repeal the subparagraphs.
3 Paragraph 4(11)(e)
Omit “or a youth training allowance”.
4 Subsection 5(1) (note after the definition of
parent)
Repeal the note.
5 Subsection 5(1) (paragraph (a) of the
definition of prescribed educational scheme)
Repeal the paragraph.
6 Paragraphs 5(6)(ba) and
(9A)(ca)
Repeal the paragraphs.
7 Subsection 5(10)
Repeal the subsection.
8 Subsection 5A(6) (paragraph (b) of the
definition of recipient child)
Repeal the paragraph.
9 Subsections 7(6) and
(6AA)
Omit “, a seniors health card or a youth training allowance”,
substitute “or a seniors health card”.
10 Paragraph 8(8)(s)
Omit “, a youth training allowance”.
11 Paragraph 8(8)(z) (note)
Omit “Benefit Rate Calculator A (point 1067-H6)”, substitute
“Youth Allowance Rate Calculator (point 1067G-H21), Austudy Payment Rate
Calculator (point 1067L-D15),”.
12 Paragraph 8(8)(z) (note)
Omit “Points 1067-H6”, substitute “Points 1067G-H21,
1067L-D15”.
13 Paragraph 8(8)(zf)
Repeal the paragraph, substitute:
(zf) a payment of a pensioner education supplement under this Act or under
the ABSTUDY scheme to a person who is receiving:
(i) a social security or service pension; or
(ii) a social security benefit;
14 Subparagraph 8(8)(zm)(i)
Omit “or a youth training allowance”.
15 Subsection 10A(2)
Omit “Module G of Benefit Rate Calculator A in section 1067”,
substitute “Module F of the Youth Allowance Rate Calculator in section
1067G”.
16 Subsections 14A(1) and
(2)
After “Parts”, insert “2.11, 2.11A,”.
17 Subsection 14A(1) (definition of liquid
assets)
Omit all the words from and including “but does not include”,
substitute:
but does not include:
(d) an amount that is a qualifying eligible termination payment for the
purposes of Subdivision AA of Division 2 of Part III of the Income Tax
Assessment Act; or
(e) in the case of a person who:
(i) has claimed or is receiving a youth allowance or an austudy payment;
and
(ii) is undertaking a tertiary course of education in any year or part of
a year;
an amount necessary to cover the reasonable expenses incurred, or likely
to be incurred, by the person in that year or that part of a year and that are
directly related to his or her undertaking the course.
Note: Examples of expenses referred to in paragraph (e) are
up front course fees, HECS payments, union fees, costs of text books, costs of
any tools or equipment required to undertake the course and expenses directly
related to field trips undertaken for the purposes of the
course.
18 Paragraph 14A(3)(a) and subparagraph
14A(3)(b)(ii)
Before “newstart”, insert “youth allowance, austudy
payment,”.
19 Paragraphs 14A(5)(b) and
(c)
After “work”, insert “or study”.
20 After subsection 14A(5)
Insert:
(5A) If:
(a) a person has or had a debt not related to the person’s principal
home or to any other residential property in which the person holds or held,
solely or jointly, any right or interest; and
(b) since becoming qualified for youth allowance or austudy payment (as
the case requires), the person has, in order to discharge the debt in whole or
in part, made a payment that the person was not obliged to make; and
(c) since becoming qualified for youth allowance or austudy payments (as
the case requires), the person had not already made such a payment in order to
discharge that debt in part;
the amount of the payment referred to in paragraph (b) is to be disregarded
for the purposes of determining the amount of the person’s liquid
assets.
21 Subsection 14A(6)
After “section”, insert “549A, 575A,”.
22 Subsection 17(1) (definition of former
payment type)
Add at the end:
; or (p) a youth training allowance under Part 8 of the Student
Assistance Act 1973 as previously in force.
23 Subsection 19C(1) (paragraph (c) of the
note)
Repeal the paragraph.
24 Subsection 19C(2)
After “claim for”, insert “austudy payment
or”.
25 Section 22 (paragraph (b) of the definition
of review)
Omit “and Youth”.
26 Subsection 23(1) (paragraph (a) of the
definition of activity test breach)
After “section”, insert “550A, 576A,”.
27 Subsection 23(1) (paragraph (a) of the
definition of activity test breach rate reduction
period)
After “section”, insert “557, 582 or”.
28 Subsection 23(1) (paragraph (a) of the
definition of activity test non-payment period)
After “section”, insert “550, 576 or”.
29 Subsection 23(1) (paragraph (a) of the
definition of administrative breach rate reduction
period)
After “section”, insert “558, 583 or”.
30 Subsection 23(1) (definition of approved
program of work supplement)
Add at the end “or under section 556A to a person receiving youth
allowance”.
31 Subsection 23(1) (definition of AUSTUDY
allowance)
Add at the end “, being the scheme under Part 2 of the Student
Assistance Act 1973 as previously in force”.
32 Subsection 23(1) (definition of automatic
deferment provision)
Repeal the definition.
33 Subsection 23(1) (definition of education
leavers waiting period)
Repeal the definition.
34 Subsection 23(1) (definition of family
member)
Repeal the definition, substitute:
family member has the meaning given by subsections (14) and
(15).
35
Subsection 23(1) (definition of income
maintenance period)
Omit “1067-H5G and 1067-H5H, 1067E-G6G and 1067E-G6H”,
substitute “1067G-H11 and 1067G-H12, 1067L-D5 and
1067L-D6”.
36 Subsection 23(1) (after paragraph (b) of the
definition of newly arrived resident’s waiting
period)
Insert:
(c) a youth allowance newly arrived resident’s waiting period under
section 549D; or
(ca) an austudy payment newly arrived resident’s waiting period
under section 575D; or
(cb) a pensioner education supplement newly arrived resident’s
waiting period under section 1061PU; or
37 Subsection 23(1) (after paragraph (ga) of the
definition of recipient notification notice)
Insert:
(h) section 561B (youth allowance); or
(ha) section 586B (austudy payment); or
(hb) section 1061PZQ (pensioner education supplement); or
38 Subsection 23(1) (after paragraph (ga) of the
definition of recipient statement notice)
Insert:
(h) section 561C (youth allowance); or
(ha) section 586C (austudy payment); or
(hb) section 1061PZR (pensioner education supplement); or
39 Subsection 23(1) (subparagraph (b)(ii) of the
definition of Secretary)
Omit “and Youth”.
40 Subsection 23(1) (after paragraph (aa) of the
definition of social security benefit)
Insert:
(aab) youth allowance; or
(aac) austudy payment; or
41 Subsection 23(1) (after paragraph (h) of the
definition of social security entitlement)
Insert:
(ha) a youth allowance; or
(hb) an austudy payment; or
42 Subsection 23(1) (paragraph (a) of the
definition of social security recipient status)
Omit “job search allowance” (first occurring), substitute
“youth allowance, an austudy payment”.
43 Subsection 23(1) (paragraphs (a) and (b) of
the definition of social security recipient status)
Omit “a job search allowance,”.
44 Subsection 23(1) (paragraphs (c), (fd) and
(i) of the definition of waiting period)
Repeal the paragraphs.
45 Subsection 23(1) (definition of youth
training allowance)
Add at the end “as previously in force”.
46 Subsection 23(4A)
After “Parts”, insert “2.11,”.
47 Subparagraph
23(6)(b)(ii)
Omit “or a youth training allowance”.
48 Sub-subparagraph
23(7)(b)(ii)(B)
Repeal the sub-subparagraph.
49 Subsection 23(10AA)
Repeal the subsection.
50 Subsection 23(10B)
After “sections”, insert “549A to 549C, 575A to
575C,”.
51 At the end of section 23
Add:
(14) For the purposes of this Act other than Part 2.11 and the Youth
Allowance Rate Calculator in section 1067G, each of the following is a
family member in relation to a person (the relevant
person):
(a) the partner, father or mother of the relevant person;
(b) a sister, brother or child of the relevant person;
(c) any other person who, in the opinion of the Secretary, should be
treated for the purposes of this definition as one of the relevant
person’s relations described in paragraph (a) or (b).
(15) For the purposes of Part 2.11 and the Youth Allowance Rate Calculator
in section 1067G, each of the following is a family member in
relation to a person (the relevant person):
(a) a parent of the relevant person;
(b) a child of a parent of the relevant person who is wholly or
substantially dependent on the parent, being either a child under 16 or a child
who:
(i) is at least 16 years of age but has not yet attained the maximum age
for youth allowance under section 543B (disregarding subsection 543B(2));
and
(ii) is not independent (see section 1067A); and
(iii) is not receiving a pension, benefit or allowance referred to in
Module L of the Rate Calculator.
Note: For parent see subsection 5(1), paragraph (b) of the
definition of parent.
Part
2—Amendments relating to
newstart allowance
52 Subparagraph
593(1)(g)(i)
Omit “16”, substitute “21”.
53 Paragraph 593(1)(i)
Omit “youth training allowance”, substitute “youth
allowance”.
54 Subsection 593(1) (note
12)
Omit “youth training allowance” (wherever occurring),
substitute “youth allowance”.
55 Subsection 593(1) (note
12)
Omit “section 67 of the Student and Youth Assistance Act
1973”, substitute “section 540C”.
56 Subparagraph
593(1B)(b)(i)
Omit “16”, substitute “21”.
57 Paragraph 593(1B)(c)
Omit “youth training allowance”, substitute “youth
allowance”.
58 Subparagraph
593(2)(g)(i)
Omit “18”, substitute “21”.
59 Paragraph 593(2)(i)
Omit “youth training allowance”, substitute “youth
allowance”.
60 Subsection 593(2) (note
9)
Omit “youth training allowance” (wherever occurring),
substitute “youth allowance”.
61 Subsection 593(2) (note
9)
Omit “section 67 of the Student and Youth Assistance Act
1973”, substitute “section 540C”.
62 Subsection 593(2B)
Repeal the subsection.
63 Subparagraph
603A(3)(a)(ii)
Repeal the subparagraph, substitute:
(ii) subsection 542H(1) of this Act;
64 Subsection 604(1B)
Repeal the subsection.
65 Paragraph 604(2)(b)
Repeal the paragraph, substitute:
(b) immediately before that day, the person was a party to a Youth
Allowance Activity Agreement; and
66 Subparagraph
607A(1)(a)(i)
Repeal the subparagraph.
67 Subparagraph
607A(1)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a youth allowance; and
68 Subparagraph
607B(1)(a)(i)
Repeal the subparagraph.
69 Subparagraph
607B(1)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a youth allowance; and
70 Subparagraph
607B(2)(a)(i)
Repeal the subparagraph.
71 Subparagraph
607B(2)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a youth allowance; and
72 Subsection 611(1A)
Repeal the subsection.
73 Paragraph 615(1)(aa)
Omit “youth training allowance” (wherever occurring),
substitute “youth allowance”.
74 Subparagraph
620(1)(j)(ii)
Omit “, social security benefit or youth training allowance”,
substitute “or social security benefit”.
75 Subsection 621(5)
Repeal the subsection.
76 Paragraphs 621(7)(a) and
(c)
After “work”, insert “or study”.
77 Paragraph 635(3)(a)
Omit “youth training allowance”, substitute “youth
allowance”.
78 Section 643
Repeal the section, substitute:
A person’s newstart allowance rate is to be worked out using
Benefit Rate Calculator B at the end of section 1068.
Note: For double payments on release from gaol see section
1161.
79 Section 644A
Repeal the section.
Part
3—Amendments relating to
sickness allowance
80 Paragraph 666(1)(a)
After “work”, insert “or study”.
81 Paragraph 666(1)(ca)
Omit “either”, substitute “one”.
82 Subparagraph
666(1)(ca)(ii)
Omit “the AUSTUDY scheme or”.
83 At the end of paragraph
666(1)(ca)
Add:
(iii) immediately before the incapacity occurred the person was
undertaking qualifying study and receiving austudy payment, and the Secretary is
satisfied that the person is committed to resuming qualifying study when the
incapacity ends; and
84 Paragraph 666(1)(e)
Omit “16”, substitute “21”.
85 Subsections 666(1A) and
(1B)
Repeal the subsections.
86 Paragraph 667(4)(a)
Omit “16”, substitute “21”.
87 Subsection 667(4A)
Repeal the subsection.
88 Paragraph 676(1)(a)
After “work”, insert “or study”.
Repeal the note.
90
At the end of subsection 676(2)
Add:
Note: For transferee to sickness allowance see
subsections 23(6) and (7).
Repeal the subsection, substitute:
(3) The liquid assets test waiting period in relation to the claim is to
be worked out under subsections (3A), (3B) and (3C).
(3A) Work out the number of formula weeks (disregarding any fractions of a
week) in relation to the claim using the formula:
where:
liquid assets means the person’s liquid
assets.
maximum reserve amount means the maximum reserve in relation
to the person under subsection 14(1).
divisor means, in relation to a person:
(a) if the person is not a member of a couple and does not have a
dependent child—$500; or
(b) otherwise—$1,000.
(3B) If the number of formula weeks is equal to or greater than 13 weeks,
the liquid assets test waiting period in relation to the claim is 13
weeks.
(3C) If subsection (3B) does not apply, the liquid assets test waiting
period in relation to the claim is the number of weeks equal to the number of
formula weeks.
92 At the end of subsection
676(4)
Add “or study”.
93 At the end of paragraph
676(4A)(a)
Add “or study”.
94 Paragraph 676(4A)(c)
After “work” (first occurring), insert “or
study”.
95 At the end of paragraph
676(4A)(c)
Add “or study”.
96 Subsection 676(5)
Repeal the subsection, substitute:
(5) If:
(a) a person becomes qualified for austudy payment; and
(b) because of paragraph 572(c), austudy payment is not payable to the
person while the person is subject to a liquid assets test waiting period (see
section 575A); and
(c) within the liquid assets test waiting period referred to in paragraph
(b):
(i) the person becomes incapacitated for study; and
(ii) the person claims sickness allowance;
the liquid assets test waiting period in relation to the claim for sickness
allowance starts on the day on which the person becomes qualified for austudy
payment.
97 Subsection 680(2)
Repeal the subsection.
98 Subsection 694(7)
Repeal the subsection.
99 Section 709
Repeal the section, substitute:
A person’s sickness allowance rate is to be worked out using
Benefit Rate Calculator B at the end of section 1068.
100 Sections 713 and 714
Repeal the sections.
Part
4—Amendments relating to
family allowance
101 Paragraph 838(1A)(a)
Omit “, youth training allowance”.
102 Section 843
Add at the end:
(4) If:
(a) a person (youth allowance claimant) makes a claim for
youth allowance (initial claim); and
(b) on the day on which the initial claim is made, another person is
qualified for family allowance for the youth allowance claimant; and
(c) that person subsequently makes a claim for family allowance in respect
of the youth allowance claimant; and
(d) the Secretary is satisfied that it is reasonable for this subsection
to apply to that person;
that person’s provisional commencement day is the day on which the
initial claim is made.
103 At the end of section
894
Add:
; and (c) subject to subsection (2), the child’s age during the
bereavement rate continuation period were taken to be the age of the child when
he or she died.
(2) Paragraph (1)(c) does not apply to a child who was 12 years of age
when he or she died.
104 Subsection 1069-B2(1) (table item
3)
Omit “$55.70”, substitute “$23.50”.
105 At the end of point
1069-H30
Add:
; or (c) a child who is receiving a youth allowance.
106 Point 1070-E1 (definition of ordinary
income)
After “include”, insert “a pensioner education supplement
or”.
Part
5—Amendments relating to
family tax payments
107 After subsection
900AA(1)
Insert:
(1A) A person (the young person) who is receiving a youth
allowance is taken to be a dependent child of another person for the purposes of
this Division if:
(a) but for paragraph 5(6)(b), the young person would be a dependent child
of that other person; and
(b) the young person is not independent within the meaning of section
1067A; and
(c) the young person is under 18 years of age and is undertaking full-time
secondary study.
108 Subsection 900AA(3)
Omit “subsection (4)”, substitute “subsections (1A) and
(4)”.
109 After subsection
900AD(3)
Insert:
(3A) Subject to subsections (5) and (6), a person is qualified for family
tax payment if:
(a) the person has at least one FTP child; and
(b) either:
(i) that child is a dependent child of the person because of the operation
of subsection 900AA(1A); or
(ii) that child is a person referred to in subsection 900AA(4);
and
(c) the person has a notional family allowance excess.
Note: For notional family allowance excess see
subsection (3B).
(3B) Use the Method statement below to work out if a person has a notional
family allowance excess for the purposes of subsection (3A).
Method statement
Step 1. Work out the person’s family allowance rate using the
Family Allowance Rate Calculator in section 1069 as if the amount in column 3 of
item 3 of Table B in point 1069-B2 were $60.20 and each FTP child of the person
were an FA child.
Step 2. Work out the person’s minimum family allowance rate
(see subsection 6(1)) as if each FTP child of the person were an FA
child.
Step 3. If the person’s family allowance rate is greater than
the person’s minimum family allowance rate, the person has a
notional family allowance excess.
Part
6—Amendments relating to
education leaver’s waiting period
110 Paragraph 608(1)(h)
Repeal the paragraph.
111 Subsection 615(7)
Repeal the subsection.
112 Subsection 616(2) (paragraph (c) of note
2)
Repeal the paragraph.
113 Subsection 616(2) (note
4)
Repeal the note.
114 Subsection 616A(2) (paragraph (c) of note
1)
Repeal the paragraph.
115 Subsection 616A(3) (note
2)
Repeal the note.
116 Subsection 616A(5) (note
2)
Repeal the note.
117 Sections 622, 623 and
623AA
Repeal the sections.
118 Paragraph 677(1)(i)
Repeal the paragraph.
119 Subsection 687(3)
Repeal the subsection.
120 Subsection 688(2) (paragraph (c) of note
1)
Repeal the paragraph.
121 Subsection 688(3) (note
2)
Repeal the note.
122 Subsection 688(6) (note
2)
Repeal the note.
123 Subsection 694(1) (note
2)
Repeal the note.
124 Sections 695, 696 and
696A
Repeal the sections.
Part
7—Amendments relating to
education entry payments and employment entry payments
125 Paragraph 661(1)(a)
Omit “18”, substitute “21”.
126 Subparagraph
661(1)(c)(i)
Omit “a job search allowance or”.
127 Sections 663 and 664
Repeal the sections.
128 Subsection 665(1)
Omit “663”.
129 Paragraphs 665A(b) and
(ba)
Repeal the paragraphs, substitute:
(b) a pension education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person
even if a person’s whole payment has been traded in, or traded back, under
the Student Financial Supplement Scheme established under Chapter
2B.
130 Paragraphs 665E(b) and
(c)
Repeal the paragraphs, substitute:
(b) a pension education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person
even if a person’s whole payment has been traded in, or traded back, under
the Student Financial Supplement Scheme established under Chapter
2B.
131 Paragraphs 665I(b) and
(c)
Repeal the paragraphs, substitute:
(b) a pension education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person
even if a person’s whole payment has been traded in, or traded back, under
the Student Financial Supplement Scheme established under Chapter
2B.
132 Paragraphs 665M(c) and
(d)
Repeal the paragraphs, substitute:
(c) a pensioner education supplement is payable to the person;
and
Note: Pensioner education supplement is payable to a person
even if a person’s whole payment has been traded in, or traded back, under
the Student Financial Supplement Scheme established under Chapter
2B.
133 Division 6 of Part 2.13A
(heading)
Repeal the heading, substitute:
134 Subparagraph
665U(1)(a)(i)
Omit “AUSTUDY scheme or”.
135 Subparagraph
665U(1)(b)(i)
Omit “or a youth training allowance”.
136 Subparagraph
665U(1)(c)(i)
Omit “or youth training allowance”.
137 Subparagraphs 665U(1)(c)(ii) and
(iii)
Omit “AUSTUDY scheme or”.
138 Subparagraph
665U(1)(c)(iv)
Repeal the subparagraph.
139 Subparagraph 665Y(a)(i)
Omit “AUSTUDY or”.
140 Subparagraph
665ZC(a)(i)
Omit “AUSTUDY scheme or”.
141 Paragraphs 665ZFA(b) and
(c)
Repeal the paragraphs, substitute:
(b) a pensioner education supplement is payable to the person;
and
Note: Pensioner education supplement is payable to a person
even if a person’s whole payment has been traded in, or traded back, under
the Student Financial Supplement Scheme established under Chapter
2B.
142 Subparagraphs 665ZG(a)(i), 665ZL(a)(i) and
665ZQ(a)(i)
Omit “AUSTUDY scheme or”.
Part
8—Amendments relating to
incorrect or inappropriate claims
143 Subparagraphs
46(2)(a)(ia)
Repeal the subparagraph.
144 Subparagraph
100(2)(a)(ia)
Repeal the subparagraph.
145 Subparagraph
150(2)(a)(ia)
Repeal the subparagraph.
146 Subparagraph
201(2)(a)(ia)
Repeal the subparagraph.
147 Subparagraph
318(2)(a)(ia)
Repeal the subparagraph.
148 Subparagraph
366(2)(a)(ia)
Repeal the subparagraph.
149 Subparagraph
415(2)(a)(ia)
Repeal the subparagraph.
150 Subparagraph
500K(3)(a)(ia)
Repeal the subparagraph.
151 Subparagraph
615(2)(a)(ia)
Repeal the subparagraph.
152 Subparagraph
660XCC(2)(a)(ia)
Repeal the subparagraph.
153 Subparagraph
660XCK(2)(a)(ia)
Repeal the subparagraph.
154 Subparagraph
660YCC(2)(a)(ii)
Repeal the subparagraph.
155 Subparagraph 689(a)(ia)
Repeal the subparagraph.
156 Subparagraph
731(2)(a)(ia)
Repeal the subparagraph.
157 Subparagraph
771HN(2)(a)(ia)
Repeal the subparagraph.
158 Subparagraph
784(2)(a)(ia)
Repeal the subparagraph.
Part
9—Amendments relating to
claims made by telephone, facsimile or computer
159 Subparagraph
100A(1)(a)(iv)
Repeal the subparagraph, substitute:
(iv) a youth allowance; or
(v) an austudy payment; and
160 Paragraph 500M(1)(a)
After “section 100A”, insert “, 554C,
579C”.
161 Subparagraph
615A(1)(a)(iv)
Repeal the subparagraph, substitute:
(iv) a youth allowance; or
(v) an austudy payment; and
162 Subparagraph
687A(1)(a)(iv)
Repeal the subparagraph, substitute:
(iv) a youth allowance; or
(v) an austudy payment; and
Part
10—Amendments relating to
multiple entitlement exclusion provisions
163 Paragraphs 103(2)(b), 202(2)(b), 321(2)(b)
and 500S(3)(b)
Omit “, youth training allowance”.
164 Paragraph 500T(2)(b)
Omit “or a youth training allowance”.
165 Subsection 500T(2) (note
3)
Repeal the note.
166 Paragraph 614(2)(b)
Omit “, a youth training allowance”.
167 Subsection 686(1)
Omit “, a newstart allowance or a youth training allowance”,
substitute “or a newstart allowance”.
168 Paragraphs 686(2)(b) and
771HI(2)(b)
Omit “, youth training allowance”.
Part
11—Amendments relating to
automatic termination provisions
169 Paragraphs 136(b), 175B(b), 225A(b),
225B(c), 344A(b), 392A(b) and 508(2)(b)
Omit “, youth training allowance”.
170 Paragraphs 660A(b), 660XJB(b), 660XJC(b),
728D(b), 762A(b) and 771NB(b)
Omit “, a youth training allowance”.
171 Sections 175B, 225A, 225B, 344A, 392A, 508,
660A, 660XJB, 660XJC, 728D, 762A and 771NB
Omit “, benefit or allowance”, substitute “or
benefit”.
172 Paragraph 508A(2)(b)
Omit “or a youth training allowance”.
173 Subsection 508A(2)
Omit “or youth training allowance”.
Part
12—Amendments relating to
automatic rate reduction provisions
174 Subparagraph 73A(b)(ia)
Repeal the subparagraph.
175 Subparagraph 141(b)(ia)
Repeal the subparagraph.
176 Subparagraph
227A(b)(ia)
Repeal the subparagraph.
177 Subparagraph
509A(b)(ii)
Repeal the subparagraph.
178 Paragraph 509A(c)
Omit “, benefit or allowance”, substitute “or
benefit”.
179 Section 509A
Omit “, benefit or allowance” (last occurring), substitute
“or benefit”.
180 Subparagraphs
660E(b)(ii)
Repeal the subparagraph.
181 Subparagraph
660XJF(b)(ia)
Repeal the subparagraph.
182 Paragraph 660XJF(c)
Omit “, benefit or allowance”, substitute “or
benefit”.
183 Section 660XJF
Omit “, benefit or youth training allowance”, substitute
“or benefit”.
184 Paragraph 728G(b)
Omit “(ii) a youth training allowance; or”.
185 Paragraph 728G(c)
Omit “, benefit or youth training allowance”, substitute
“or benefit”.
186 Section 728G
Omit “, benefit or youth training allowance” (last occurring),
substitute “or benefit”.
187 Paragraph 771NH(b)
Omit “or a youth training allowance”.
188 Paragraph 771NH(c)
Omit “or youth training allowance”.
189 Section 771NH
Omit “or youth training allowance” (last
occurring).
Part
13—Amendments relating to
mobility allowance
190 Subparagraph
1035(ba)(ii)
Omit “or youth training allowance under the Student and Youth
Assistance Act 1973”, substitute “youth allowance or austudy
payment”.
191 Subparagraph
1058(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii) to receive youth allowance for a reason other than the application of
section 541A, 544A, 544C, 550, 553B or 565C; or
(iii) to receive an austudy payment for a reason other than the
application of section 569, 576 or 590C; or
Part
14—Amendments relating to
special benefit
192 Paragraph 729(2)(ba)
Repeal the paragraph.
193 Paragraph 729(2)(c)
Omit “solely”.
194 Paragraph 729(2)(d)
Omit “solely by”, substitute “because
of”.
195 Paragraphs 729(2)(da) and
(db)
Repeal the paragraphs, substitute:
(da) the person is not disqualified for a youth allowance for the period
because of the operation of:
(i) section 541A (failure to satisfy the activity test); or
(ii) section 544 (requirements relating to Youth Allowance Activity
Agreements); and
(db) the person is not disqualified for an austudy payment for the period
because the person fails to satisfy the activity test within the meaning of
section 569; and
(dc) youth allowance is not payable to the person for the period and that
result is not because of the operation of:
(i) section 550 (application of activity test non-payment period);
or
(ii) section 553B (move to an area of lower employment prospects);
or
(iii) section 565C (failure to comply with section 561C, 1304 or 1305
notices); and
(dd) austudy payment is not payable to the person for the period and that
result is not because of the operation of:
(i) section 576 (application of activity test non-payment period);
or
(ii) section 588D (non-compliance with section 586C notification
obligations); and
196 Subsection 729(4A)
Omit “(db) a youth training allowance”, substitute “(dc)
a youth allowance”.
197 After subsection
729(4A)
Insert:
(4B) For the purposes of paragraph (2)(dd), an austudy payment is taken
not to be payable to a person for a period because of the operation of a
provision if:
(a) the person has claimed the payment for the period and the payment is
not payable to the person because of the operation of the provision;
or
(b) were the person to claim the payment for the period, the payment would
not be payable to the person because of the operation of the
provision.
198 Subsections 737(1) and
738(1)
Omit “16” (wherever occurring), substitute
“18”.
199 Subsection 746(2)
Omit “youth training allowance” (wherever occurring),
substitute “youth allowance, austudy payment”.
Part
15—Amendments relating to
exclusion from assets test
200 Subsections 611(1) and
(1A)
Repeal the subsections, substitute:
(1) A newstart allowance is not payable to a person if the value of the
person’s assets is more than the person’s assets value
limit.
201 Subsections 680(1) and
(2)
Repeal the subsections, substitute:
(1) A sickness allowance is not payable to a person if the value of the
person’s assets is more than the person’s assets value
limit.
202 Paragraphs 733(2)(b) to
(e)
Repeal the paragraphs, substitute:
(b) is not independent within the meaning of section 1067A.
Part
16—Amendments relating to
the value of the assets of members of couples
203 Subparagraph
612(1)(b)(ii)
Omit “and”.
204 Subparagraph
612(1)(b)(iii)
Repeal the subparagraph.
205 Subparagraph
612(2)(b)(ii)
Omit “or”.
206 Subparagraph
612(2)(b)(iii)
Repeal the subparagraph.
207 Subparagraphs 681(1)(b)(ii) and
(2)(b)(ii)
Omit “or youth training allowance”.
208 Subparagraphs 734(1)(b)(ii) and
(2)(b)(ii)
Omit “or a youth training allowance”.
Part
17—Amendments relating to
partner allowance
209 Subparagraph
771HA(1)(c)(i)
Before “newstart”, insert “youth allowance, austudy
payment,”.
210 Subparagraph
771HA(1)(c)(ii)
Omit “AUSTUDY allowance,”.
211 After subsection
771HA(1B)
Insert:
(1BA) For the purposes of paragraph (1)(c), the person’s partner is
taken to be receiving youth allowance if the person’s partner would be
receiving youth allowance except for the imposition of:
(a) a period of non-payment under Subdivision D of Division 2 of Part
2.11; or
(b) an employment-related exclusion under section 553A or 553B.
(1BB) For the purposes of paragraph (1)(c), the person’s partner is
taken to be receiving austudy payment if the person’s partner would be
receiving austudy payment except for the imposition of a period of non-payment
under Subdivision E of Division 2 of Part 2.11A.
212 Subsection 771HA(3)
Omit “youth training allowance”, substitute “youth
allowance, austudy payment,”.
213 Paragraph 771HA(3)(b)
Repeal the paragraph, substitute:
(b) a period of non-payment applies to the person under paragraph
608(1)(j), Subdivision D of Division 2 of Part 2.11 or Subdivision E of Division
2 of Part 2.11A; or
(c) the person is subject to an employment-related exclusion for a period
under section 553B or 553C;
214 At the end of subsection
771HA(3)
Add:
Note 4: Subdivision D of Division 2 of Part 2.11 and
Subdivision E of Division 2 of Part 2.11A provide respectively for non-payment
periods for youth allowance recipients and non-payment periods for austudy
payment recipients in certain circumstances.
215 Subsection 771HA(3A)
Omit “Part 2.12 or Part 8 of the Student and Youth Assistance Act
1973”, substitute “Subdivision B of Division 5 of Part 2.11,
Subdivision B of Division 5 of Part 2.11A or Subdivision AA of Division 4 of
Part 2.12”.
216 Subsection 771HA(3B)
Omit “Part 2.12 or Part 8 of the Student and Youth Assistance Act
1973”, substitute “Subdivision C of Division 5 of Part 2.11,
Subdivision C of Division 5 of Part 2.11A or Subdivision B of Division 4 of Part
2.12”.
217 Subsection 771KE(2)
Omit “youth training allowance” (wherever occurring),
substitute “youth allowance, austudy payment”.
218 Paragraph 771NU(3)(a)
Repeal the paragraph.
219 Paragraph 771NU(3)(aa)
Omit “youth training allowance” (first occurring), substitute
“youth allowance or an austudy payment”.
220 Subparagraph
771NU(3)(aa)(i)
Omit “youth training allowance”, substitute “youth
allowance or austudy payment (as the case may be)”.
221 Subsection 771NX(2)
Repeal the subsection.
222 Subsection 771NX(2A)
Omit “youth training allowance” (first and second occurring),
substitute “youth allowance or austudy payment”.
Note: The heading to subsection 771NX(2A) is altered by
omitting “youth training allowance” and substituting
“youth allowance or austudy payment”.
223 Paragraph 771NX(2A)(a)
Omit “youth training allowance”, substitute “youth
allowance or an austudy payment”.
Part
18—Amendments relating to
parenting payment
224 Paragraph 500I(1)(i)
Omit “or youth training allowance”, substitute “, youth
allowance or austudy payment”.
225 Subparagraph
500K(3)(a)(ia)
Repeal the subparagraph.
226 Paragraph 500M(1)(a)
Before “615A”, insert “554C, 579C,”.
227 Paragraph 500M(1)(a)
Omit “, or section 91A of the Student and Youth Assistance Act
1973,”.
228 Paragraph 500S(3)(b)
Omit “, youth training allowance”.
229 Paragraph 500T(2)(b)
Omit “or a youth training allowance”.
230 Subsection 500T(2) (note
3)
Repeal the note.
231 Paragraph 500V(2)(a)
Repeal the paragraph.
232 Paragraphs 500Y(2)(c) and
(d)
Repeal the paragraphs, substitute:
(c) a period of non-payment of youth allowance has been applied to the
person under Subdivision D of Division 2 of Part 2.11; or
(d) the person is subject to an employment-related exclusion for a period
under section 553B or 553C; or
(e) an activity test breach rate reduction period or an administrative
breach rate reduction for youth allowance has been applied to the person under
Subdivision B or C of Division 5 of Part 2.11; or
(f) a period of non-payment of austudy payment has been applied to the
person under Subdivision E of Division 2 of Part 2.11A; or
(g) an activity test breach rate reduction period or an administrative
breach rate reduction for austudy payment has been applied to the person under
Subdivision B or C of Division 5 of Part 2.11A;
Note: The heading to section 500Y is altered by omitting
“and youth training allowance” and substituting “,
youth allowance and austudy payment”.
233 Paragraph 508(2)(b)
Omit “, youth training allowance”.
234 Subsection 508(2)
Omit “pension, benefit or allowance”, substitute “social
security pension, the benefit or the service pension”.
235 Paragraph 508A(2)(b)
Omit “or a youth training allowance”.
236 Subsection 508A(2)
Omit “or youth training allowance”.
237 Paragraphs 508B(c) and
509E(2)(b)
Omit “an AUSTUDY allowance”, substitute “a payment under
the ABSTUDY scheme (the ABSTUDY payment)”.
Note: The headings to sections 508B and 509E are altered by
omitting “AUSTUDY allowance” and substituting “a
payment under the ABSTUDY scheme”.
238 Section 508B and subsection
509E(2)
Omit “the AUSTUDY allowance”, substitute “the ABSTUDY
payment”.
239 Paragraph 1068A-E17(d)
Omit “or the AUSTUDY scheme”.
240 Paragraph 1068B-B2(c)
Omit “an AUSTUDY allowance”, substitute “a payment under
the ABSTUDY scheme”.
Part
19—Amendments relating to
advance payments
241 Subsection 1061A(1)
Omit “subsection (4)”, substitute “this
section”.
242 After subsection
1061A(1)
Insert:
(2) The Secretary may determine in writing that paragraph (1)(b) does not
apply to a person who has applied for an advance of youth allowance or austudy
payment and the determination has effect accordingly. The determination is a
disallowable instrument.
243 Subsections 1061EE(1) and
(6)
Before “mature age”, insert “youth allowance, austudy
payment,”.
Note: The heading to section 1061EE is altered by inserting
“youth allowance, austudy payment,” before “mature
age”.
244 Subsection 1061EE(4)
Before “newstart”, insert “youth allowance, austudy
payment or”.
Part
20—Amendments relating to
overpayment and debt recovery
245 Subsection 1222(1) (note
1)
Insert the following entry in its appropriate place:
• section 1227B debts—debts arising under Part 8
of the Student Assistance Act 1973 as in force immediately before 1 July
1998.
246 Subsection 1222(2) (after table item
8)
Insert:
|
8AA |
1227B (youth training allowance debts) |
deductions legal proceedings garnishee notice |
1231, 1234A 1232 1233 |
247 Subparagraph
1223(7)(b)(iv)
Omit “newstart allowance—the rate of the person’s
newstart allowance”, substitute “youth allowance or newstart
allowance—the rate of the person’s allowance”.
248 Subsection 1223(7)
(note)
Repeal the note, substitute:
Note: For newstart training supplement see
section 644 and for approved program of work supplement see
sections 556A and 644AAA.
249 Paragraph 1223AA(1)(b)
Before “section 658”, insert “section 561C (youth
allowance), section 586C (austudy payment),”.
250 Paragraph 1224AA(1)(a)
Omit “instalment”, substitute “amount”.
251 After section 1227A
Insert:
If an amount that was a debt due to the Commonwealth under Part 8 of the
Student Assistance Act 1973 (as in force immediately before 1 July 1998)
remained still due immediately before that day, that amount is a debt that is
due to the Commonwealth under this Act.
252 Subparagraph
1228(2)(c)(i)
After “Scheme”, insert “, being the scheme under Part 2
of the Student Assistance Act 1973 as previously in
force”.
253 Paragraph 1228(2)(ca)
Repeal the paragraph.
254 Section 1230B
After “1227A”, insert “, 1227B”.
255 Subsection 1230C(2) (paragraph (a) of the
definition of debt)
After “1227”, insert “, 1227B”.
256 Paragraph 1234A(1)(a)
After “1992”, insert “or incurred a debt under
Part 8 of the Student Assistance Act 1973 as in force before 1 July
1998”.
257 After subsection
1237AAC(1)
Insert:
(1A) If:
(a) a debt arises from overpayments to a youth allowance recipient (the
debtor); and
(b) the debtor would have been an FA child of another person for the
period when the overpayments were made if the debtor had not been a youth
allowance recipient; and
(c) an amount of family allowance would have been payable to the other
person in respect of the debtor for the period when the overpayments were made
if:
(i) the debtor had been an FA child of the other person for that period;
and
(ii) the other person had lodged a claim;
the Secretary must waive the debt to the extent set out in subsection
(2A).
258 After subsection
1237AAC(2)
Insert:
(2A) The Secretary must waive under subsection (1A) the right to recover
the amount of debt equal to the amount of family allowance that would have been
payable to the other person in the 3-year period ending on the day on which the
overpayment is stopped if:
(a) the debtor had been an FA child of the person; and
(b) the other person had lodged a claim for family allowance.
259 Subsection 1237AAC(3)
Omit “subsection (2)”, substitute “subsections (2) and
(2A)”.
Part
21—Amendments relating to
compensation recovery
260 Paragraphs 1166(4)(b) and
1166(4A)(c)
Omit “a youth training allowance,”.
261 Subparagraph
1166(4A)(e)(ii)
Omit “youth training allowance or”.
262 Subparagraph
1166(4B)(e)(ii)
Omit “and any payments of youth training allowance”.
263 Paragraphs 1168(3A)(b) and
1168(3B)(b)
Omit “a youth training allowance”.
264 Paragraphs 1168(4)(c) and
(d)
Omit “, a parenting allowance or a youth training”, substitute
“or a parenting allowance”.
265 Subsection 1168(5) (definition of
Partner’s excess compensation rate)
Omit “parenting allowance or youth training allowance”,
substitute “or parenting allowance”.
266 Paragraphs 1170(4)(b) and
1170(4A)(b)
Omit “a youth training allowance,”.
267 Subparagraph
1170(4A)(d)(ii)
Omit “youth training allowance or a”, substitute
“the”.
268 Subparagraph
1170(4B)(d)(ii)
Omit “and (if applicable) payment of youth training
allowance”.
269 Paragraphs 1174(5)(b), 1174(6)(b),
1179(5)(b) and 1179(6)(b)
Omit “or a youth training allowance”.
270 Subparagraph
1174(6)(c)(ii)
Omit “youth training allowable or”.
271 Subparagraph
1179(6)(c)(ii)
Omit “and (if applicable) amounts of youth training
allowance”.
Part
22—Amendments relating to
the review of decisions
272
Subsection 1239(1) (note 1)
After “509F,”, insert “563E, 564C, 588D,
589C,”.
273 Subsection 1239(1) (note
1)
After “510H,”, insert “565D, 590D,”.
274 After section 1242A
Insert:
(1) This section applies to a decision to give a notice under section 544C
because of a person’s failure to agree to terms of a Youth Allowance
Activity Agreement proposed by the Secretary (subparagraph
544C(1)(b)(iii)).
Note: Notice results in disqualification for youth allowance
for failure to enter Youth Allowance Activity Agreement.
(2) If:
(a) a person applies under subsection 1240(1) or 1240(1AA) for review of a
decision to which this section applies; and
(b) the person makes the application within 14 days after being notified
of the decision;
the following provisions have effect:
(c) payment of the youth allowance is to be made pending the determination
of the review, as if the Youth Allowance Activity Agreement had not been
required;
(d) if payment 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 in spite of section 566A;
(e) this Act (other than this Chapter) applies as if the Youth Allowance
Activity Agreement had not been required.
(3) Subsection (2) ceases to have effect if:
(a) the application for review is withdrawn; or
(b) the review of the decision is determined.
275 After subparagraph
1245(1)(a)(i)
Insert:
(ia) a decision under section 544B to the extent to which it relates to
the terms of a Youth Allowance Activity Agreement that is in force;
and
276 After subsection
1248(1)
Insert:
(1A) The Social Security Appeals Tribunal may only review a decision under
section 544B (to the extent to which it relates to the terms of a Youth
Allowance Activity Agreement that is in force) if the application is expressed
to be an application for review of that decision.
277 Paragraph 1250(1)(d)
After “423”, insert “, 554A, 554B, 579A,
579B”.
278 After section 1252A
Insert:
(1) If:
(a) a decision has been made, whether before or after the commencement of
this paragraph, to give a notice under section 544C because of a person’s
failure to agree to terms of a Youth Allowance Activity Agreement proposed by
the Secretary (subparagraph 544C(1)(b)(iii)); and
(b) a person applies to the Social Security Appeals Tribunal under
subsection 1247(1) for review of the decision; and
(c) the person makes the application within 14 days after being notified
of the decision;
the following provisions have effect:
(d) payment of the youth allowance is to be made pending the determination
of the review, as if the Agreement had not been required;
(e) if payment 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 in spite of section 566A;
(f) this Act (other than this Chapter) applies as if the Agreement had not
been required.
(2) Subsection (1) ceases to have effect if:
(a) the application for review is withdrawn; or
(b) the review of the decision is determined.
279 Section 1254A
After “force” (second occurring), insert “, a decision
under section 544B to the extent to which it relates to the terms of the Youth
Allowance Activity Agreement that is in force”.
280 After paragraph
1255(6)(a)
Insert:
(ab) a decision under section 544B to the extent to which it relates to
the terms of a Youth Allowance Activity Agreement that is in force; or
281 After paragraph
1256A(1)(a)
Insert:
(ab) a decision under section 544B to the extent to which it relates to
the terms of a Youth Allowance Activity Agreement that is in force; or
282 Subsections 1260(1), 1261(1A) and 1263(1),
paragraph 1264(2)(b), subsection 1269(1), paragraphs 1273(2)(b), 1273(2)(c),
1279(1)(a) and 1279(5)(aa)
Omit “and Youth”.
283 Subsection 1261(1)
Omit all the words to and including “the Secretary”, substitute
“If an application under Part 6.2 of this Act, under Division 2 of Part 9
of the Student Assistance Act 1973 or under Part 2 of Chapter 9 of the
Child Care Payments Act 1997 is sent or delivered to an office of the
Agency, the Secretary”.
Part
23—Miscellaneous
amendments
284 Subparagraph
82(5)(b)(iib)
Repeal the subparagraph.
285 Subsections 94(6) and
95(2)
Omit “or youth training allowance”, substitute “, youth
training allowance, youth allowance or austudy payment”.
286 Paragraph 98(1)(f)
Omit “or a youth training allowance”.
287 Subparagraph
146F(5)(b)(iib)
Repeal the subparagraph.
288 Paragraph 148(1)(d)
Omit “or a youth training allowance”.
289 Sub-subparagraph
236A(1)(d)(ii)(BA)
Repeal the sub-subparagraph.
290 Subsections 316(1)(c) and
364(1)(c)
Omit “or a youth training allowance”.
291 Subparagraph
408CF(6)(c)(i)
Repeal the subparagraph.
292 Paragraph 500I(1)(i)
Omit “or youth training allowance”, substitute “, youth
allowance or austudy payment”.
293 Subparagraph
660XCO(1)(a)(i)
Repeal the subparagraph.
294 Subparagraph
660XKA(6)(b)(iib)
Repeal the subparagraph.
295 Paragraph 660XKA(7)(a)
Omit “, job search allowance”.
296 Subparagraph
660YCG(3)(c)(i)
Repeal the subparagraph.
297 Subsection 666(9)
After “obtaining”, insert “youth allowance, austudy
payment,”.
298 Subsection 667(5)
After “obtaining”, insert “youth allowance, austudy
payment,”.
299 Subparagraph
738(3)(b)(i)
Repeal the subparagraph.
300 Paragraph 771HC(1)(c)
Omit “or a youth training allowance,”.
301 Paragraph 771HJ(a)
Repeal the paragraph.
302 Subparagraph
822(5)(b)(iib)
Repeal the subparagraph.
303 Paragraph 831A(3)(aa)
Repeal the paragraph.
304 Subsection 1061P(2) (notes 1 and
2)
Omit “, a social security benefit or a youth training
allowance”, substitute “or a social security
benefit”.
305 Paragraph 1064-E8(d)
Omit “or the AUSTUDY scheme”.
306 Paragraph 1066-E6(d)
Omit “or the AUSTUDY scheme”.
307 Paragraph 1066A-F7(d)
Omit “or the AUSTUDY scheme”.
308 Point 1069-H1 and paragraph
1069-K2(a)
Omit “, a youth training allowance”.
309 Section 1073
Omit “1067-H5A to 1067-H5R (inclusive), 1067E-G6A to
1067E-G6R”, substitute “1067G-H5 to 1067G-H20 (inclusive), 1067L-D4
to 1067L-D16”.
310 Paragraph 1131(2)(b)
Omit “or youth training allowance”, substitute “, youth
allowance or austudy payment”.
311 Paragraph 1161(1)(b)
After “widow allowance,”, insert “youth allowance,
austudy payment,”.
312 Paragraph 1224B(1)(b)
Omit “an approved course of education under the AUSTUDY or ABSTUDY
scheme”, substitute “the course in relation to which the education
entry payment was made”.
313 Paragraph 1307(2)(j)
Repeal the paragraph, substitute:
(j) in relation to a course of study undertaken by the person:
(i) the name of the educational institution that the person is
attending;
(ii) the name of any educational institution previously attended by the
person;
(iii) the person’s enrolment status;
(iv) the person’s student identification number;
(v) the name of the course;
(vi) the course code;
(vii) the date on which the course starts;
(viii) the date on which the course ends;
(ix) the subject or unit code;
(x) the normal full-time study work load for the course;
(xi) indicators of the person’s work load, including (but not
limited to) effective full-time student units, credit points, contact hours,
number of subjects undertaken and number of assignments completed;
(xii) the number of semesters required to complete the course;
(xiii) the date on which the person first attended, or will first attend,
the course;
(xiv) the date on which the person last attended, or will last attend, the
course;
(xv) whether the person has discontinued the course and, if the person has
discontinued the course, the date on which it happened;
(xvi) details of any unapproved absences from the course;
(xvii) the results or grade obtained by the person;
314 Subsection 1312(1), paragraph 1312(1A)(d),
subparagraph 1312A(b)(i), section 1312A (note 2), paragraph 1312B(b), section
1313, paragraph 1314(1)(a) and subsection 1318(3)
Omit “Part 8 of the Student and Youth Assistance Act
1973,” (wherever occurring).
315 Paragraphs 1336(3)(c) and (d), subsections
1336(5) and (7) and section 1337
Omit “, the Student and Youth Assistance Act
1973”.
316 Subsection 1363(3)
Repeal the subsection.
1 At the end of Schedule 1A
Add:
This Act, as amended by item 91 of Schedule 9 to the Social Security
Legislation Amendment (Youth Allowance Consequential and Related Measures) Act
1998, applies to sickness allowance for which a claim was lodged on or after
the commencement of that item.
2 At the end of Schedule 1A
Add:
Continuing effect of certain determinations
(1) If a determination, notice, statement or other instrument made or
given under this Act in relation to a newstart allowance or sickness allowance
for a person under 21 years was in force, or had effect, immediately before 1
July 1998, then, subject to clause 114, the determination, notice, statement or
other instrument:
(a) continues to be in force, or continues to have effect, on and after
that day; and
(b) may be amended or revoked;
as if it were a determination, notice, statement or other instrument made
or given under this Act in relation to a youth allowance.
(2) If a determination, notice, statement or other instrument made or
given under the Student Assistance Act 1973 in relation to a youth
training allowance:
(a) was in force, or had effect; or
(b) is to be taken to have been in force, or to have had effect;
immediately before 1 July 1998, that determination, notice, statement or
other instrument:
(c) continues, or is taken to continue, to be in force or to have effect,
on and after that day; and
(d) may be amended or revoked;
as if it were a determination, notice, statement or other instrument made
or given under this Act in relation to a youth allowance.
Person of youth allowance age receiving AUSTUDY living allowance
immediately before 1 July 1998
(3) If an AUSTUDY living allowance was payable, or is to be taken to have
been payable, immediately before 1 July 1998, to or in respect of:
(a) a person who is of youth allowance age on that day; or
(b) a person who, immediately before that day, was receiving rent
assistance under regulation 102B of the AUSTUDY Regulations as then in force;
or
(c) a person referred to in paragraph 68(a) or (b) of the AUSTUDY
Regulations as in force immediately before that day;
then, on and after that day:
(d) a youth allowance is payable, or is to be taken to have been payable,
to the person; and
(e) subject to subclause (4), Part 2.11 applies to the person;
as if he or she had made a claim for youth allowance under that Part and
the claim had been granted.
(4) If:
(a) youth allowance is payable, or is to be taken to have been payable,
because of subclause (3), to a person referred to in paragraph (3)(b) or (c);
and
(b) the person ceases to undertake the course of study that the person was
undertaking immediately before 1 July 1998;
youth allowance ceases to be payable to the person.
(5) A person referred to in paragraph (3)(c) who is under 25 on 1 July
1998 is taken to be independent for the purposes of Parts 2.11 and
3.15.
Pending claims of youth training allowance etc.
(6) If:
(a) one of the following circumstances apply:
(i) a person lodged a claim for a youth training allowance (under the
Student Assistance Act 1973) before 1 July 1998;
(ii) a person who is of youth allowance age lodged an application for an
AUSTUDY living allowance (under the AUSTUDY regulations) before 1 July
1998;
(iii) a person who is under 21 years lodged a claim for newstart allowance
or sickness allowance before 1 July 1998; and
(b) the claim was not determined, or the application dealt with, before
that date;
the claim or application has effect on or after that date as if it were a
claim for youth allowance lodged under this Act.
(7) Subclause (6) has effect subject to item 131 of Part 2 of Schedule 11
to the Social Security Legislation (Youth Allowance Consequential and Related
Measures) Act 1998.
Person of austudy age receiving AUSTUDY living allowance immediately
before 1 July 1998
(1) If:
(a) an AUSTUDY living allowance was payable, or is to be taken to have
been payable, immediately before 1 July 1998, to or in respect of a person other
than:
(i) a person who, immediately before that day, was receiving rent
assistance under regulation 102B of the AUSTUDY Regulations as then in force;
or
(ii) a person referred to in paragraph 68(a) or (b) of the AUSTUDY
Regulations as in force immediately before that day; and
(b) the person is of austudy age on that day;
then, on and after that day:
(c) an austudy payment is payable, or is to be taken to have been payable,
to the person; and
(d) Part 2.11A applies to the person;
as if he or she had made a claim for austudy payment under that Part and
the claim had been granted.
Note: A youth allowance is payable to a person referred to
in subparagraph (a)(i) or (ii) (see clause 109).
Pending claims for AUSTUDY living allowance
(2) If:
(a) a person who is of austudy age lodged an application for an AUSTUDY
living allowance (under the AUSTUDY regulations) before 1 July 1998;
and
(b) the application was not dealt with before that date;
the application has effect on or after that date as if it were a claim for
austudy payment lodged under this Act.
Person receiving pensioner education supplement immediately before 1
July 1998
(1) If a pensioner education supplement under the AUSTUDY Regulations was
payable, or is to be taken to have been payable, immediately before 1 July 1998,
to a person, then, on and after that day:
(a) a pensioner education supplement under this Act is payable, or is to
be taken to have been payable, to the person; and
(b) Part 2.24A applies to the person;
as if he or she had made a claim for pensioner education supplement under
that Part and the claim had been granted.
Pending claims of pensioner education supplement
(2) If:
(a) a person lodged an application for a pensioner education supplement
under the AUSTUDY Regulations before 1 July 1998; and
(b) the application was not determined, or the application dealt with,
before that date;
the application has effect on or after that date as if it were a claim for
pensioner education supplement lodged under this Act.
(1) If:
(a) immediately before 20 March 1998, a person who satisfied the
qualification requirements for sole parent pension under subparagraph
249(1)(a)(ii) or (iv) was receiving a sole parent pension; and
(b) a benefit PP (partnered) became payable to the person on that day and
continued to be payable until immediately before 1 July 1998; and
(c) a pensioner education supplement under the AUSTUDY Regulations was
payable, or is to be taken to have been payable, immediately before 1 July 1998,
to the person;
then, on and after 1 July 1998:
(d) a pensioner education supplement under this Act is payable, or is to
be taken to have been payable, to the person; and
(e) subject to subclauses (2), (3) and (4), Part 2.24A applies to the
person;
as if he or she had made a claim for pensioner education supplement under
that Part and the claim had been granted.
(2) If the person ceases to undertake the course of study that the person
was undertaking immediately before 1 July 1998, pensioner education supplement
ceases to be payable to the person.
(3) For the purposes of Part 2.24A, the person is taken to be receiving a
payment attracting pensioner education supplement under this Act if the person
satisfies the requirements referred to in subparagraph 249(1)(a)(ii) or (iv) as
in force immediately before 20 March 1998.
Note: Subparagraphs 249(1)(a)(ii) and (iv) were repealed by
the Social Security Legislation Amendment (Parenting and Other Measures) Act
1997.
(4) For the purposes of Part 2.24A, subsection 1061PE(2) is taken to apply
to the person.
If:
(a) a person who is under 21 years lodges a claim for newstart allowance
or sickness allowance on or after 1 July 1998; and
(b) the claim is made in respect of a period commencing before 1 July
1998;
the claim has effect as if it had been made immediately before that
date.
(1) If:
(a) a person was, on 17 June 1997, under 21 years of age and a recipient
of newstart allowance or sickness allowance; and
(b) the person did not cease to be, and was immediately before 1 July
1998, a recipient of newstart allowance or sickness allowance; and
(c) the person was, immediately before 1 July 1998, under 21 years of
age;
then:
(d) clause 109 does not apply in relation to the person; and
(e) the person is to continue to receive the newstart allowance or
sickness allowance on and after that day; and
(f) subject to subclauses (2) and (3), Part 2.12 or 2.14 (as the case may
be) as in force immediately before that day continues to apply to the
person.
(2) If, on or after 1 July 1998, the Secretary cancels or
suspends:
(a) a person’s newstart allowance under section 660I or 660IA;
or
(b) a person’s sickness allowance under section 728L or
728M;
a determination by the Secretary under section 660J or 728P (as the case
may be) that the allowance is payable to the person does not have effect unless
the determination is made within 6 weeks after the Secretary’s decision to
cancel or suspend the allowance.
(3) Newstart allowance or sickness allowance ceases to be payable to a
person who has been receiving it because of subclause (1) if the person makes a
claim for youth allowance and the claim is granted.
If:
(a) immediately before 1 July 1998:
(i) a person was qualified for a payment under Division 9 of Part 2.12 or
Division 9 of Part 2.14; and
(ii) the period for which the person was qualified had not yet ended;
and
(b) the person is under 21 years;
then:
(c) the person remains qualified for that payment on and after 1 July 1998
as if:
(i) in the case of a person qualified for a payment under Division 9 of
Part 2.12—that Part and Part 3.5 or 3.6 (whichever was applicable), as in
force immediately before that date, continued to apply to him or her;
or
(ii) in the case of a person qualified for a payment under Division 9 of
Part 2.14—that Part and Part 3.5, 3.5A or 3.6 (whichever is applicable),
as in force immediately before that date, continued to apply to him or her;
and
(d) subclause 109(1) (dealing with continuing effect of determinations)
does not apply to the person; and
(e) on the day after the end of the period referred to in subparagraph
(a)(ii), the person is taken to have made a claim for youth allowance.
If, immediately before 1 July 1998:
(a) a person was qualified for a payment under Division 10 of Part 8 of
the Student Assistance Act 1973; and
(b) the period for which the person was qualified had not yet
ended;
then:
(c) the person remains qualified for that payment on and after 1 July 1998
as if Part 8 of, and Schedule 1 to, that Act as in force immediately before that
date were still in force; and
(d) subclause 109(1) (dealing with continuing effect of determinations)
does not apply to the person; and
(e) on the day after the end of the period referred to in paragraph (b),
the person is taken to have made a claim for youth allowance.
If a person or an approved care organisation was, immediately before 1
July 1998, qualified (under section 999) for a double orphan pension for a young
person who, at the time:
(a) was over 16, but under 22, years of age; and
(b) was qualified to receive payments under the AUSTUDY scheme;
the person or approved care organisation continues to be qualified for a
double orphan pension for the young person until the young person:
(c) turns 22; or
(d) ceases to be a youth allowance recipient; or
(e) ceases to undertake full-time study;
whichever occurs first.
If:
(a) on the last family allowance payday before 1 July 1998, a person (the
FA recipient) received an instalment of family allowance (the
relevant instalment) that was paid to the person at a rate higher
than the person’s minimum family allowance rate; and
(b) the relevant instalment consisted of, or included, an amount in
respect of an FA child (the young person) who becomes a youth
allowance recipient before the first family allowance payday after 1 July
1998;
there is payable to the FA recipient in respect of the young person, on the
first family allowance payday after 1 July 1998, an amount of family allowance
equal to the amount of family allowance that was payable to the FA recipient in
respect of the young person on the last family allowance payday before 1 July
1998.
(1) Point 1067G-H11 (dealing with income maintenance periods in relation
to continuing employment) applies to the following persons in respect of a leave
period starting on or after 1 July 1998:
(a) a person who makes a claim for youth allowance on or after 1 July 1998
and to whom subclause (2) does not apply;
(b) a youth allowance recipient who immediately before 1 July 1998 was
receiving an AUSTUDY allowance.
(2) If:
(a) a determination applying an income maintenance period to a person who
was or is in employment had effect, or is to be taken to have had effect,
immediately before 1 July 1998; and
(b) a youth allowance becomes payable to the person on or after 1 July
1998; and
(c) the income maintenance period has not ended when the youth allowance
becomes payable to the person;
point 1067G-H11 (dealing with income maintenance periods in relation to
continuing employment) applies to the person in respect of a leave period
starting on or after 20 March 1998.
(3) Point 1067G-H12 (dealing with income maintenance periods in relation
to terminated employment) applies to the following persons in respect of any
leave payment received by those persons on or after 1 July 1998:
(a) a person who makes a claim for youth allowance on or after 1 July 1998
and to whom subclause (4) does not apply;
(b) a youth allowance recipient who immediately before 1 July 1998 was
receiving an AUSTUDY allowance.
(4) If:
(a) a determination applying an income maintenance period to a person
whose employment has been terminated had effect, or is to be taken to have had
effect, immediately before 1 July 1998; and
(b) a youth allowance becomes payable to the person on or after 1 July
1998; and
(c) the income maintenance period has not ended when the youth allowance
becomes payable to the person;
point 1067G-H12 (dealing with income maintenance periods in relation to
terminated employment) applies to the person in respect of any leave payment
received by the person on or after 20 September 1997.
(5) Point 1067L-D5 (dealing with income maintenance periods in relation to
continuing employment) applies to the following persons in respect of a leave
period starting on or after 1 July 1998:
(a) a person who makes a claim for austudy payment on or after 1 July 1998
and to whom subclause (6) does not apply;
(b) an austudy payment recipient who immediately before 1 July 1998 was
receiving an AUSTUDY allowance.
(6) If:
(a) a determination applying an income maintenance period to a person who
was or is in employment had effect, or is to be taken to have had effect,
immediately before 1 July 1998; and
(b) an austudy payment becomes payable to the person on or after 1 July
1998; and
(c) the income maintenance period has not ended when the austudy payment
becomes payable to the person;
point 1067L-D5 (dealing with income maintenance periods in relation to
continuing employment) applies to the person in respect of a leave period
starting on or after 20 March 1998.
(7) Point 1067L-D6 (dealing with income maintenance periods in relation to
terminated employment) applies to the following persons in respect of any leave
payment received by those persons on or after 1 July 1998:
(a) a person who makes a claim for austudy payment on or after 1 July 1998
and to whom subclause (8) does not apply;
(b) an austudy payment recipient who immediately before 1 July 1998 was
receiving an AUSTUDY allowance.
(8) If:
(a) a determination applying an income maintenance period to a person
whose employment has been terminated had effect, or is to be taken to have had
effect, immediately before 1 July 1998; and
(b) an austudy payment becomes payable to the person on or after 1 July
1998; and
(c) the income maintenance period has not ended when the austudy payment
becomes payable to the person;
point 1067L-D6 (dealing with income maintenance periods in relation to
terminated employment) applies to the person in respect of any leave payment
received by the person on or after 20 September 1997.
Part
1—Amendment of the Student
and Youth Assistance Act 1973
1 Title
Omit “students and young people”, substitute
“certain students”.
2 Section 1
Omit “and Youth”.
3 Subsection 3(1) (definition of education
institution)
Repeal the definition, substitute:
education institution means:
(a) a higher education institution; or
(b) a technical and further education institution; or
(c) a secondary school; or
(d) any other institution (including an educational institution),
authority or body, that is in Australia and that, in accordance with a
determination by the Minister, is to be regarded as an education institution for
the purposes of this Act.
4 Subsection 3(1) (definition of higher
education institution)
Repeal the definition, substitute:
higher education institution means an educational institution
in Australia that, in accordance with a determination by the Minister, is to be
regarded as a higher education institution for the purposes of this
Act.
5 Subsection 3(1) (definition of prescribed
benefit)
Omit “the AUSTUDY scheme or”.
6 Subsection 3(1) (definition of secondary
school)
Repeal the definition, substitute:
secondary school means an educational institution in
Australia that, in accordance with a determination by the Minister, is to be
regarded as a secondary school for the purposes of this Act.
7 Subsection 3(1) (definition of student
assistance)
Repeal the definition.
8 Subsection 3(1) (paragraph (a) of the
definition of student assistance benefit)
Repeal the paragraph, substitute:
(a) the AUSTUDY scheme under this Act as in force before 1 July 1998;
or
9 Subsection 3(1) (paragraph (b) of the
definition of student assistance benefit)
After “Scheme”, insert “(including the Scheme as in force
before 1 July 1998)”.
10 Subsection 3(1) (paragraph (a) of the
definition of student assistance overpayment)
Repeal the paragraph, substitute:
(a) an amount:
(i) paid under the AUSTUDY scheme under this Act as in force before 1 July
1998; and
(ii) that should not have been paid; or
11 Subsection 3(1) (paragraph (b) of the
definition of student assistance overpayment)
Omit “12U(2)(c)”, substitute “12U(2)(c) (including a debt
accrued under either of those paragraphs as in force before 1 July
1998)”.
12 Subsection 3(1) (definition of technical
and further education institution)
Repeal the definition, substitute:
technical and further education institution means an
educational institution in Australia that, in accordance with a determination by
the Minister, is to be regarded as a technical and further education institution
for the purposes of this Act.
13 Subsection 3(1) (definition of youth
training allowance overpayment)
Repeal the definition.
14 After subsection 3(2)
Insert:
(2A) A determination by the Minister for the purposes of the definition of
education institution, higher education institution,
secondary school or technical and further education
institution is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act 1901.
15 Subsection 5(1)
Repeal the subsection, substitute:
(1) This Act binds the Crown in all its capacities.
16 At the end of Part 1
Add:
(1) The Minister may, for the purposes of this Act, determine in writing
that:
(a) a course of study or instruction is a secondary course, or a tertiary
course; or
(b) a part of a course of study or instruction is a part of a secondary
course, or a part of a tertiary course.
(2) For the purposes of this section, a determination that:
(a) was made under paragraph 7(1)(c) as in force before the day on which
this section commences; and
(b) was in force immediately before that day;
is taken to be a determination under subsection (1) of this section and may
be amended or repealed accordingly.
(3) A determination under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
17 Parts 2 and 4
Repeal the Parts.
18 Subsection 12A(1)
Omit “the AUSTUDY parental income test or”.
19 Subsection 12A(1)
Omit “the AUSTUDY scheme or”.
20 Subsection 12A(2)
Omit “AUSTUDY scheme or”.
21 Subparagraph
12C(1)(b)(i)
Omit “the AUSTUDY scheme or”.
22 Subparagraph
12C(1)(b)(ii)
Omit “AUSTUDY scheme or”.
23 Subsection 12C(2)
Repeal the subsection, substitute:
(2) If:
(a) a person is undertaking a course of study or instruction, or a part of
a course of study or instruction, offered by an education institution;
and
(b) for the purposes of that course or that part of that course, the
person is required or allowed by that institution to attend, and attends, a
place other than:
(i) that institution; or
(ii) a place in respect of which a determination under subsection (3) is
in force;
the person is, for the purposes of this section, taken to be undertaking
that course or that part of that course wholly at that institution.
(3) The Minister may determine in writing that subsection (2) does not
apply in relation to a place, or a class of place, specified in the
determination.
(4) A determination under subsection (3) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(5) If a person is undertaking, or proposes to undertake, by
correspondence with an education institution:
(a) a course of study or instruction; or
(b) a part of a course of study or instruction;
offered by that education institution, the person is, for the purposes of
this section, taken to be undertaking that course, or that part of that course,
wholly at that institution.
24 Section 12E
Omit “the AUSTUDY scheme or”.
25 Subsections 12H(1) and
(2)
Omit “the AUSTUDY scheme or” (wherever occurring).
26 After subsection 12X(5)
Insert:
(5A) The Minister must cause to be published in the Gazette before
each 1 June the indexation factor worked out under subsection (4) (as affected
by subsection (5)) in relation to the period of 12 months beginning on that
day.
(5B) An indexation factor published under subsection 12ZZB(3) before the
commencement of this subsection has effect as if it were an indexation factor
published under subsection (5A).
27 After subsection 12ZF(7)
Insert:
(7A) The Commissioner must cause to be published in the Gazette
before each 1 June the indexation factor worked out under subsection (6) (as
affected by subsection (7)) that is applicable in working out FS debts and
accumulated FS debts incurred in the 1 June concerned.
(7B) An indexation factor published under subsection 12ZZB(4) before the
commencement of this subsection has effect as if it were an indexation factor
published under subsection (7A).
28 Part 4B
Repeal the Part.
29 Part 6 (heading)
Repeal the heading, substitute:
30 Section 38
Repeal the section.
31 Before section 40
Insert:
In this Part:
debt means an amount of any of the following kinds (whether
the amount has arisen before or after the commencement of this Part):
(a) a special educational assistance scheme overpayment;
(b) a student assistance overpayment;
(c) an amount payable to the Commonwealth in relation to an amount of a
kind referred to in paragraph (a) or (b) (including an amount payable under
section 40 or subsection 42(10)).
If a person:
(a) has been paid an amount of a kind referred to in paragraph (a) or (b)
of the definition of debt in section 38; or
(b) incurs an amount referred to in paragraph (c) of that
definition;
the amount is a debt owed by the person to the Commonwealth.
Decision of Secretary
(1) The Secretary may, on behalf of the Commonwealth, decide to allow a
person to pay an amount of debt by one or more instalments.
When decision takes effect
(2) A decision made under subsection (1) takes effect:
(a) if a day is so stated in the decision as the day on which the decision
takes effect—on the day so stated (whether that day is before, on or after
the day on which the decision was made); or
(b) if a day is not so stated in the decision—on the day on which
the decision is made.
Saving provision
(3) For the purposes of this section, a decision that:
(a) was made under section 284 as applied by subsection 43(2) as in force
before 1 July 1998; and
(b) was in force immediately before that day;
is taken to be a decision under subsection (1) of this section.
32 Subsection 40(1)
Repeal the subsection, substitute:
(1) This section applies if a person has been paid (whether before or
after the commencement of this subsection) an amount (the recoverable
amount) that is a special educational assistance scheme overpayment or a
student assistance overpayment.
33 Subsection 40(5)
Repeal the subsection, substitute:
(5) Interest is not payable under this section in relation to the
recoverable amount in relation to any period during which a decision under
section 39A is in force in relation to the recoverable amount unless the
decision provides that interest is to be so payable or an instalment is not paid
in accordance with the decision.
34 Subsection 42(1)
Repeal the subsection.
35 Paragraph 42(2)(a)
Omit “recoverable amount”, substitute
“debt”.
36 Subsections 42(3), (9) and
(10)
Omit “recoverable amount” (wherever occurring), substitute
“debt”.
37 Subsection 42(11)
Omit “recoverable amount”, substitute “debt referred to
in paragraph (2)(a)”.
38 Subsection 42(13)
Repeal the subsection, substitute:
(13) If a person has unsatisfied liabilities to the Commonwealth in
relation to more than one debt, the Secretary may:
(a) for the purposes of this section, treat the debts as a single debt;
but
(b) apportion any amount recovered under this section in relation to the
debts in such proportion as the Secretary considers appropriate.
39 Section 43
Repeal the section, substitute:
Writing off debt
(1) The Secretary may, on behalf of the Commonwealth, write off a
debt.
Class of debts
(2) For the purposes of subsection (1), the Secretary may write off debts
that are included in a class of debts determined by the Minister by notice
published in the Gazette.
When decision takes effect
(3) A decision made under subsection (1) takes effect:
(a) if a day is stated in the decision as the day on which the decision
takes effect—on the day so stated (whether that day is before, on or after
the day on which the decision is made); or
(b) if a day is not so stated in the decision—on the day on which
the decision is made.
Note: If the Secretary writes off a debt, this means an
administrative decision has been made that, in the present circumstances, there
is no point in trying to recover the debt. In law, however, this debt still
exists and may later be pursued.
Secretary’s limited power to waive
(1) The Secretary may, on behalf of the Commonwealth, waive the
Commonwealth’s right to recover the whole or a part of a debt only in the
circumstances described in section 43B, 43C, 43D, 43E or 43F.
When waiver takes effect
(2) A waiver takes effect:
(a) if a day is stated in the waiver as the day on which the waiver takes
effect—on the day so stated (whether that day is before, on or after the
day on which the decision to waive is made); or
(b) if a day is not so stated in the waiver—on the day on which the
decision to waive is made.
Note: If the Secretary waives the Commonwealth’s right
to recover all or part of a debt, the waiver is a permanent bar to recovery of
that debt or that part of the debt—that debt or that part of the debt
effectively ceases to exist.
Administrative error
(1) Subject to subsection (2), the Secretary must waive the right to
recover the proportion of a debt that is attributable solely to an
administrative error made by the Commonwealth if the debtor received in good
faith the payment or payments that gave rise to that proportion of the
debt.
Note: Subsection (1) does not allow waiver of part of a debt
that was caused partly by administrative error and partly by one or more other
factors (such as error by the debtor).
Circumstances under which subsection (1) applies
(2) Subsection (1) only applies if:
(a) the debt is not raised within a period of 6 weeks from the first
payment that caused the debt; or
(b) if the debt arose because a person has complied with an obligation to
provide information or documents to the Department under this Act, the debt is
not raised within a period of 6 weeks from the end of the period within which
the person was required to comply with that obligation;
whichever is the later.
Underestimating value of property
(3) If:
(a) a debt arose because the debtor, the debtor’s partner, or the
debtor’s parent or parents underestimated the value of particular
property; and
(b) the estimate was made in good faith; and
(c) the value of the property was not able to be easily determined when
the estimate was made;
the Secretary must waive the right to recover the proportion of the debt
attributable to the underestimate.
Proportion of a debt
(4) For the purposes of this section, a proportion of a debt may be 100%
of the debt.
(5) In this section:
parent, in relation to a person, means:
(a) if the person is not an adopted child—a natural parent of the
person; or
(b) if the person is an adopted child—an adoptive parent of the
person.
partner has the same meaning as in the Social Security Act
1991.
(1) If:
(a) a debtor has been convicted of an offence that gave rise to a
proportion of a debt; and
(b) the court indicated in sentencing the debtor that it imposed a longer
custodial sentence on the debtor because he or she was unable or unwilling to
pay the debt;
the Secretary must waive the right to recover the proportion of the
debt.
(2) For the purposes of this section, a proportion of a debt may be 100%
of the debt.
The Secretary must waive the right to recover a debt if:
(a) the debt is, or is likely to be, less than $50; and
(b) it is not cost effective for the Commonwealth to take action to
recover the debt.
Settlement of civil action
(1) If the Commonwealth has agreed to settle a civil action against a
debtor for recovery of a debt for less than the full amount of the debt, the
Secretary must waive the right to recover the difference between the debt and
the amount that is the subject of the settlement.
Settlement of proceedings before the Administrative Appeals
Tribunal
(2) If the Secretary has agreed to settle proceedings before the
Administrative Appeals Tribunal relating to recovery of a debt on the basis that
the debtor will pay less than the full amount of the debt, the Secretary must
waive the right to recover the difference between the debt and the amount that
is the subject of the settlement.
Waiver where at least 80% of debt recovered and debtor cannot pay
more
(3) If:
(a) the Commonwealth has recovered at least 80% of the original value of a
debt from a debtor; and
(b) the Commonwealth and the debtor agree that the recovery is in full
satisfaction of the whole of the debt; and
(c) the debtor cannot repay a greater proportion of the debt;
the Secretary must waive the right to recover the remaining 20% or less of
the value of the original debt.
Agreement for part-payment in satisfaction of outstanding
debt
(4) If the Secretary and a debtor agree that the debtor’s debt will
be fully satisfied if the debtor pays the Commonwealth an agreed amount less
than the amount of the debt outstanding at the time of the agreement (the
unpaid amount), the Secretary must waive the right to recover the
difference between the unpaid amount and the agreed amount.
Limits on agreement to accept part-payment in satisfaction of
outstanding debt
(5) The Secretary must not make an agreement described in subsection (4)
unless the Secretary is satisfied that:
(a) the debtor cannot repay more of the debt than the agreed amount;
and
(b) the agreed amount is at least the present value of the unpaid amount
repaid in instalments whose amount and timing are determined by the Secretary;
and
(c) it would take at least 12 months to recover the unpaid amount under
this Part if subsection (4) did not apply.
Formula for working out present value of unpaid amount
(6) For the purposes of subsection (5), the present value of the
unpaid amount is the amount worked out in accordance with the following
formula:
where:
annual repayment is the amount of the debt that the Secretary
believes would be recovered under this Part in a year if subsection (4) did not
apply in relation to the debt.
interest is the annual rate of interest specified by the
Minister in a written notice.
repayment period is the number of years needed to repay the
unpaid amount if repayments equal to the annual repayment were made each
year.
Example:
Facts: Terry owed a debt of $8,000 to the Commonwealth. He
has repaid $2,000 with the remaining debt being $6,000.
Terry, with the assistance of his mother, offers to make a
single payment of $4,700 in full satisfaction, leaving $1,300 of the debt
unpaid. Without Terry’s mother’s assistance, Terry can only pay
fortnightly instalments amounting to $1,200 a year and, at that rate, would take
5 years to pay the remaining $6,000.
Assume that the Minister has specified an interest rate of
10%.
Result: The present value of the unpaid amount of $6,000 to
be repaid in 5 years at a 10% interest rate is worked out as
follows:
As the proposed payment of $4,700 is more than the present
value of the unpaid amount (which is $4,548 as shown), and as the other
conditions in subsection (5) apply, the Secretary may accept Terry’s offer
and make an agreement with him as described in subsection (4).
If the Secretary makes the agreement, the Secretary must,
in accordance with subsection (4), waive the remaining $1,300 of the debt (being
the difference between the unpaid amount of $6,000 and the agreed amount of
$4,700).
Notice is a disallowable instrument
(7) A notice described in the definition of interest in
subsection (6) is a disallowable instrument for the purpose of section 46A of
the Acts Interpretation Act 1901.
The Secretary may waive the right to recover all or part of a debt if the
Secretary is satisfied that:
(a) the debt did not result wholly or partly from the debtor or another
person knowingly:
(i) making a false statement or a false representation; or
(ii) failing or omitting to comply with a provision of this Act;
and
(b) there are special circumstances (other than financial hardship alone)
that make it desirable to waive; and
(c) it is more appropriate to waive than to write off the debt or part of
the debt.
Note: Section 43 allows the Secretary to write off a debt on
behalf of the Commonwealth.
40 Application
The amendments made by items 29 to 39 apply to debts arising before, on or
after 1 July 1998.
41 Subsection 44A(1)
Omit “the AUSTUDY scheme or”.
42 Section 48
Omit “under this Act other than Part 8 (including an amount under a
financial supplement contract)”, substitute “under a financial
supplement contract”.
43 Subparagraph 49(1)(a)(i)
Omit “a request under section 20 or 21 or”.
44 Subparagraph
49(1)(a)(ii)
Omit “other than Part 8”.
45 Subparagraph
49(1)(a)(iii)
Repeal the subparagraph, substitute:
(iii) to affect the rate of a benefit referred to in paragraph (a) of the
definition of student assistance benefit; or
46 Paragraphs 49(1)(b) and (c) and subsections
49(2), (3) and (4)
Omit “other than Part 8” (wherever occurring).
47 Subsections 50(1) and
(2)
Omit “(other than Part 8)” (wherever occurring).
48 Paragraph 51(1)(a)
Omit “other than Part 8”, substitute “(including an
amount that was paid as a student assistance benefit under this Act as in force
before 1 July 1998)”.
49 Paragraph 55A(1)(a)
Repeal the paragraph.
50 Subsection 55A(1B)
Repeal the subsection, substitute:
(1AA) The Consolidated Revenue Fund is appropriated as necessary for the
purposes of Part 2 of Schedule 11 to the Social Security Legislation
(Youth Allowance Consequential and Related Measures) Act
1998.
Note: Part 2 of Schedule 11 to the Social Security
Legislation (Youth Allowance Consequential and Related Measures) Act 1998
makes various transitional provisions, with effect from 1 July 1998, that
relate to the abolition of the Youth Training Allowance, AUSTUDY and Financial
Supplement relating to AUSTUDY. Subsection (1AA) of this section enables money
to be appropriated for purposes such as the payment of a benefit under the
AUSTUDY scheme after 1 July 1998 following a review under a transitional
provision in that Part of that Schedule.
51 Paragraph 56(a)
Omit “the AUSTUDY scheme or”.
52 Paragraph 56(ab)
Omit “under the AUSTUDY scheme or”.
53 Paragraph 56(e)
Repeal the paragraph.
54 At the end of section 56
Add:
(2) Regulations may also be made under this section to prescribe matters
in relation to any transitional matters (including prescribing any saving or
application provisions) arising out of:
(a) the abolition of:
(i) the youth training allowance; and
(ii) the AUSTUDY scheme; and
(iii) that part of the Student Financial Supplement Scheme that is
connected with the AUSTUDY scheme; and
(b) their replacement by allowances, benefits or payments under the
Social Security Act 1991.
(3) Without limiting subsection (2), and in spite of any other provisions
in this Act or any other Act, regulations under subsection (2) may modify the
effect of a provision in Part 2 of Schedule 11 to the Social Security
Legislation (Youth Allowance Consequential and Related Measures) Act 1998 so
as to:
(a) enable a payment of a benefit under the AUSTUDY scheme (as previously
in force under this Act) to be made to a person in respect of a period ending at
the end of 3 July 1998 in specified circumstances; and
(b) enable such a payment, to the extent that it relates to the period
beginning on 1 July 1998 and ending at the end of 3 July 1998, to be disregarded
in determining the person’s entitlement to any youth allowance or austudy
payment under the Social Security Act 1991; and
(c) enable the receipt by the person of any youth allowance or austudy
payment under the Social Security Act 1991, to the extent that it relates
to the period referred to in paragraph (b), to be disregarded in determining the
person’s entitlement to the payment referred to in paragraph
(a).
55 Part 8
Repeal the Part.
56 Paragraph 302(a)
Repeal the paragraph.
57 Paragraph 302(c)
Omit “or” (last occurring).
58 Paragraph 302(d)
Repeal the paragraph.
59 Subsection 303(1) (note)
Repeal the note.
60 Subsection 303(2)
Repeal the subsection, substitute:
Decisions that are not reviewed
(2) Subsection (1) does not apply to a decision of the Secretary that
relates to the Secretary’s powers under section 326A to settle proceedings
before the Administrative Appeals Tribunal.
61 Subsection 304(1) (note)
Repeal the note.
62 Subsection 304(2)
Repeal the subsection, substitute:
Period within which application for internal review to be
sought
(2) An application under subsection (1) for the review of a decision must
be made within:
(a) 3 months; or
(b) such longer period as the Secretary, in special circumstances,
allows;
after the making of the decision.
63 Subsection 305(1)
Omit “benefit under the AUSTUDY scheme, Financial Supplement, or
youth training allowance,”, substitute “Financial
Supplement”.
64 Subsection 305(5) (definition of adverse
decision)
Repeal the definition, substitute:
adverse decision means a decision under section 12R or 12T to
stop the payment of Financial Supplement to a person.
65 Section 307
Repeal the section.
66 Paragraph 309(a)
Repeal the paragraph.
67 Paragraph 309(c)
Omit “or” (last occurring).
68 Paragraph 309(d)
Repeal the paragraph.
69 Subsection 311(1) (note)
Repeal the note.
70 Subsection 311(3)
Repeal the subsection, substitute:
Period within which application for review by SSAT to be
sought
(3) An application under subsection (1) to the Social Security Appeals
Tribunal for review of a decision must be made within:
(a) 3 months; or
(b) within such longer period as the Secretary, in special circumstances,
allows;
after the original decision was affirmed, varied or set aside by the
Secretary or an authorised review officer.
71 Section 312
Repeal the section.
72 Section 313
Repeal the section, substitute:
The Social Security Appeals Tribunal cannot review a decision:
(a) under section 343 or 345 (notice requiring information from any
person); or
(b) under section 305 or 314 (continuation of payment pending review of
adverse decision).
73 Subsection 314(1)
Omit “benefit under the AUSTUDY scheme, Financial Supplement or youth
training allowance”, substitute “Financial
Supplement”.
74 Subsection 314(6) (definition of adverse
decision)
Repeal the definition, substitute:
adverse decision means a decision under section 12R or 12T to
stop the payment of Financial Supplement to a person.
75 Section 315
Repeal the section.
76 Subsections 316(2) and
(3)
Repeal the subsections, substitute:
(2) If the Social Security Appeals Tribunal sets a decision aside and
substitutes for it a decision that a person is entitled to Financial Supplement,
the Tribunal must:
(a) assess the rate at which Financial Supplement is to be paid to the
person; or
(b) ask the Secretary to assess the rate at which Financial Supplement is
to be paid to the person.
77 Paragraph 316(5)(b)
Omit “benefit under the AUSTUDY scheme, Financial Supplement or youth
training allowance”, substitute “Financial
Supplement”.
78 Paragraphs 316(5)(d) and
(e)
Repeal the paragraphs.
79 Paragraph 316(5)(g)
Omit “or” (last occurring).
80 Paragraphs 316(5)(h) and
(i)
Repeal the paragraphs.
81 Subsection 316(7)
Repeal the subsection.
82 Section 317
Repeal the section.
83 Subsection 318(3)
Omit “subsections (4) and”, substitute
“subsection”.
84 Subsection 318(4)
Repeal the subsection (including the note).
85 Subsection 318(6)
Repeal the subsection.
86 Section 319
Repeal the section.
87 Subparagraph
320(1)(a)(iii)
Repeal the subparagraph.
88 Subsection 322(2)
Repeal the subsection.
89 Paragraph 323(a)
Repeal the paragraph.
90 Paragraph 323(c)
Omit “or” (last occurring).
91 Paragraph 323(d)
Repeal the paragraph.
92 Section 326
Repeal the section.
93 Subsection 331(1)
Omit all the words after “by the Administrative Appeals
Tribunal”, substitute “were references to the
Secretary”.
94 Subsection 331(2)
Omit “or the Secretary to the Department of Social Security, as the
case requires,”.
95 Subsection 331(2)
Omit “128”, substitute “1281”.
96 Section 334
Omit all the words (other than the note) after “made the
decision”, substitute “were references to the
Secretary”.
97 Paragraph 335(1)(b)
Repeal the paragraph.
98 Subsection 335(3)
Omit “of the Department of which he or she is an
officer”.
99 Section 337
Repeal the section.
100 Subsection 338(1A)
Repeal the subsection.
101 Subsection 338(2)
Repeal the subsection, substitute:
Secretary may not delegate power under paragraph 355(1)(b)
(2) The Secretary must not delegate the Secretary’s power under
paragraph 355(1)(b) to anyone except the CEO.
CEO may not subdelegate power under paragraph 355(1)(b)
(2A) If the Secretary delegates to the CEO the Secretary’s power
under paragraph 355(1)(b), the CEO cannot, despite section 33 of the Agency Act,
delegate the power to an employee of the Agency.
102 Subsections 338(3), (4) and
(5)
Repeal the subsections.
103 Section 338A
Repeal the section.
104 Subsection 339(1)
Omit “Subject to subsection (2), the”, substitute
“The”.
105 Subsection 339(2)
Repeal the subsection.
106 Subsection 341(1)
Omit “other than Part 8”.
107 Subsection 341(2)
Repeal the subsection.
108 Subsection 343(2)
Repeal the subsection (except the note).
109 Subsection 344(2)
Repeal the subsection (including the note).
Note: The heading to subsection 344(1) is altered by
omitting “other than Part 8”.
110 Subsection 345(2)
Repeal the subsection (except the note).
Note: The heading to subsection 345(1) is altered by
omitting “other than Part 8”.
111 Section 346
Repeal the section.
112 Subsection 347(1)
Omit “, 345 or 346”, substitute “or 345”.
113 Paragraph 347(2)(d)
Omit “and”.
114 Paragraph 347(2)(e)
Repeal the paragraph.
115 Subsection 347(3)
Repeal the subsection.
116 Subsections 347(7), (8) and
(9)
Repeal the subsections.
117 Subsection 347(10)
Omit “, 345 or 346”, substitute “or 345”.
118 Section 348
Omit “of Social Security”.
119 Section 349
Repeal the section.
120 Subsection 351(1)
Omit “or the Social Security Act”.
121 Paragraph 351(2)(d)
Omit “or the Social Security Act”.
122 Section 352 (note 2)
Omit “or the Social Security Act”.
123 Paragraph 353(b)
Omit “or the Social Security Act”.
124 Section 354
Omit “or the Social Security Act” (wherever
occurring).
125 Paragraph 355(1)(a)
Omit “or the Social Security Act”.
126 Section 358 (note 4)
Repeal the note.
127 Subsection 359(2) (note
3)
Repeal the note.
128 Subsection 359(3)
Omit “or the Social Security Act”.
129 Schedules 1, 2, 3 and 5
Repeal the Schedules.
Part
2—Transitional
provisions
130 Definitions
In this Part, unless the contrary intention appears:
AAT means the Administrative Appeals Tribunal.
applicable decision means a decision by an officer under the
SA Act as in force at any time before the commencement day in relation
to:
(a) the AUSTUDY scheme; or
(b) the youth training allowance; or
(c) the Student Financial Supplement Scheme, to the extent that it is in
connection with the AUSTUDY scheme.
authorised review officer means an authorised
review officer under the SA Act.
commencement day means 1 July 1998.
officer has the same meaning as in the SA Act.
SA Act means the Student Assistance Act 1973, and
includes any regulations in force under that Act.
Secretary means:
(a) in relation to a decision of the kind referred to in paragraph (a) or
(c) of the definition of applicable decision—the Secretary
to the Department of Employment, Education, Training and Youth Affairs;
or
(b) in relation to a decision of the kind referred to in paragraph (b) of
the definition of applicable decision—the Secretary to the
Department of Social Security.
SSAT means the Social Security Appeals Tribunal.
131 Transitional provisions—AUSTUDY
payment for period ending on 3 July 1998
(1) If:
(a) a payment of a benefit under the AUSTUDY scheme (including an advance
payment) was made before the commencement day to a person in respect of a period
that ends at the end of 3 July 1998; and
(b) the payment would have been lawfully made under the SA Act if that Act
were not amended by this Schedule;
that payment is taken to have been lawfully made as if the SA Act as in
force immediately before the commencement day had continued in force.
(2) To avoid doubt, subitem (1) does not affect the working out of an
amount of student assistance benefit overpayment under Part 6 of the SA
Act.
(3) In spite of any provision in any other legislation:
(a) a person’s receipt of a benefit under the AUSTUDY scheme as
referred to in subitem (1), to the extent that it relates to a period beginning
on 1 July 1998 and ending at the end of 3 July 1998, is to be disregarded in
working out the person’s entitlement to any youth allowance or austudy
payment under the Social Security Act 1991; and
(b) any youth allowance or austudy payment under the Social Security
Act 1991 that the person receives, to the extent that it relates to that
period, is to be disregarded in working out the person’s entitlement to a
benefit that is authorised to be paid under subitem (1).
132 Transitional provisions—claims and
applications
(1) If:
(a) a person lodged an application for a benefit under the AUSTUDY scheme
under the SA Act as in force before the commencement day; and
(b) the application is made in respect of a period commencing before that
day; and
(c) the application was not dealt with before that day;
the application has effect, on and after that day, as if the SA Act as in
force immediately before that day had continued in force.
(2) If:
(a) a person lodges a claim for a youth training allowance under the SA
Act on or after the commencement day; and
(b) the claim is made in respect of a period commencing before that
day;
the claim has effect as if it had been made immediately before that day and
that Act as in force immediately before that day had continued in
force.
(3) If:
(a) one of the following circumstances applies:
(i) a person lodges an application for a benefit under the AUSTUDY scheme
under the SA Act on or after the commencement day;
(ii) a person lodges an application for a financial supplement in
connection with a benefit under the AUSTUDY scheme under the SA Act on or after
that day; and
(b) the application is made in respect of a period commencing before that
day;
the application has effect as if it had been made immediately before that
day and the SA Act as in force immediately before that day had continued in
force.
(4) Nothing in this item permits the granting of a benefit under the
AUSTUDY scheme, a youth training allowance or a financial supplement for a
period after the commencement day.
Note: Section 56 of the SA Act is amended by this Schedule
to enable regulations to be made to modify provisions in this Part of the
Schedule so as to allow payments of AUSTUDY benefit to be made to a person for a
period ending on 3 July 1998 in specified circumstances.
133 Transitional provisions—review of
decisions made before commencement day
(1) Subject to subitem (4), if:
(a) an applicable decision might have been reviewed by the Secretary under
section 303 of the SA Act before the commencement day; but
(b) the Secretary did not so review that decision before that
day;
then, on and after that day:
(c) the Secretary may review that decision; and
(d) the review and any further review of the decision have
effect;
as if the SA Act as in force immediately before that day had continued in
force.
(2) Subject to subitem (4), if:
(a) a person might have applied to the Secretary, the SSAT or the AAT for
a review of an applicable decision under Part 9 of the SA Act before the
commencement day; but
(b) the person did not apply for such a review before that day;
then, on and after that day:
(c) subject to any limitation regarding the time during which such an
application must be made under the SA Act as in force immediately before that
day, the person may make the application; and
(d) the application and any review (including any further review)
resulting from that application have effect;
as if the SA Act as in force immediately before that day had continued in
force.
(3) Subject to subitem (4), if:
(a) an application to the Secretary, the SSAT or the AAT for a review of
an applicable decision under Part 9 of the SA Act was made before the
commencement day; and
(b) the application was not determined before that day;
then, on and after that day, the application and any review (including any
further review) resulting from that application have effect as if the SA Act as
in force immediately before that day had continued in force.
(4) The Secretary, an authorised review officer, the SSAT or the AAT, when
determining a review because of the operation of subitem (1), (2) or (3), may
make a decision in relation to the payment of a benefit under the AUSTUDY
scheme, a youth training allowance or Financial Supplement only to the extent
that the payment is in respect of a period that ends before the commencement
day.
Note: Section 56 of the SA Act is amended by this Schedule
to enable regulations to be made to modify provisions in this Part of the
Schedule so as to allow payments of AUSTUDY benefit to be made to a person for a
period ending on 3 July 1998 in specified circumstances.
(5) For the purposes of this item, if an applicable decision was the
original decision that has been the subject of a review, or further review, by
the Secretary, an authorised review officer, the SSAT or the AAT in accordance
with the SA Act, a reference in this item to an applicable decision includes a
reference to:
(a) if a decision has been affirmed in connection with that review or
further review—the decision as affirmed; or
(b) if a decision has been varied in connection with that review or
further review—the decision as varied; or
(c) if a decision has been set aside and a new decision substituted in
connection with that review or further review—the new decision.
134 Transitional provisions—review of
decisions made on or after commencement day
(1) Subject to subitem (2), if:
(a) on or after the commencement day an officer made a decision in
relation to the AUSTUDY scheme, or in relation to the Student Financial
Supplement Scheme in connection with the AUSTUDY scheme, under:
(i) Part 6 of the SA Act; or
(ii) the SA Act as continued in force because of this Part of the
Schedule; and
(b) apart from the amendments to that Act made by this Schedule, a person
would have a right to apply to the Secretary, the SSAT or the AAT under the SA
Act for a review of that decision;
the person has that right as if the SA Act as in force immediately before
the commencement day had continued in force.
(2) The Secretary, an authorised review officer, the SSAT or the AAT, when
determining a review because of the operation of subitem (1), may make a
decision in relation to the payment of a benefit under the AUSTUDY scheme or the
payment of a financial supplement only to the extent that the payment is in
respect of a period that ends before the commencement day.
Note: Section 56 of the SA Act is amended by this Schedule
to enable regulations to be made to modify provisions in this Part of the
Schedule so as to allow payments of AUSTUDY benefit to be made to a person for a
period ending on 3 July 1998 in specified circumstances.
(3) For the purposes of this item, if a decision referred to in paragraph
(1)(a) was the original decision that has been the subject of a review, or
further review, by the Secretary, an authorised review officer, the SSAT or the
AAT in accordance with the SA Act, a reference in subitem (1) to that decision
includes a reference to:
(a) if a decision has been affirmed in connection with that review or
further review—the decision as affirmed; or
(b) if a decision has been varied in connection with that review or
further review—the decision as varied; or
(c) if a decision has been set aside and a new decision substituted in
connection with that review or further review— the new decision.
135 Transitional provisions—obligations to
waive the right to recover amounts
(1) In this item:
applied provisions means the provisions applied by subsection
43(2) of the SA Act as in force before the commencement day.
recoverable amount means an amount of any of the following
kinds:
(a) a special educational assistance scheme overpayment;
(b) a student assistance overpayment;
(c) an amount payable to the Commonwealth in relation to an amount of a
kind referred to in paragraph (a) or (b) (including an amount payable under
section 40 or subsection 42(10) of the SA Act).
Secretary means:
(a) the Secretary to the Department of Employment, Education, Training and
Youth Affairs; or
(b) the Secretary to the Department of Social Security.
(2) If a Secretary was, immediately before the commencement day, obliged to
waive the right to recover a recoverable amount under the applied provisions,
then, on and after the commencement day, the Secretary to the Department of
Employment, Education, Training and Youth Affairs is taken to be obliged to
waive that right as if:
(a) in the case of an obligation under subsection 290B(1) of the applied
provisions, the obligation were an obligation under subsection 43E(1) of the SA
Act; and
(b) in the case of an obligation under subsection 290B(2) of the applied
provisions, the obligation were an obligation under subsection 43E(2) of the SA
Act; and
(c) in the case of an obligation under paragraph 290B(3)(b) of the applied
provisions, the obligation were an obligation under paragraph 43E(3)(b) of the
SA Act; and
(d) in the case of an obligation under subsection 290B(4) of the applied
provisions, the obligation were an obligation under subsection 43E(4) of the SA
Act.
`
Income
Tax Assessment Act 1936
1 Subsection 6(1) (subparagraph (b)(i) of the
definition of Commonwealth education or training
payment)
Repeal the subparagraph.
2 Paragraph 16(4)(hb)
After “the Secretary to the Department of Education”, insert
“and the Secretary to the Department of Social Security”.
3 Subsections 24ABZE(4) and
(5)
Repeal the subsections.
4 Subsections 24ABZF(2), (3), (4) and
(5)
Repeal the subsections.
5 Subsection 51(6AA) (note)
After “Higher Education Funding Act 1988”, insert
“, the Social Security Act 1991”.
6 Subsection 79A(4) (paragraph (a) of the
definition of prescribed allowance)
Omit “, Part 8 of the Student and Youth Assistance Act
1973”.
7 Subsection 82A(2) (paragraph (c) of the
definition of expenses of self-education)
After “under”, insert “Chapter 2B of the Social
Security Act 1991 or”.
8 Subsection 160AAA(1) (paragraph (a) of the
definition of rebatable benefit)
After “2.8A,”, insert “2.11, 2.11A,”.
9 Subsection 160AAA(1) (paragraph (b) of the
definition of rebatable pension)
After “PP (partnered),”, insert “2.11,
2.11A,”.
10 Subsection 163B(10)
Insert:
FS assessment debt means an FS assessment debt
under:
(a) an instrument under Chapter 2B of the Social Security Act 1991
establishing a Student Financial Supplement Scheme; or
(b) the Student Assistance Act 1973.
11 Subsection 163B(10)
Insert:
HEC assessment debt has the same meaning as in Chapter 5A of
the Higher Education Funding Act 1988;
12 After paragraph 202(h)
Insert:
(ha) to facilitate the administration of a provision of an instrument
under Chapter 2B of the Social Security Act 1991 establishing a Student
Financial Supplement Scheme, being a provision relating to the recovery through
the taxation system of a student’s outstanding indebtedness in respect of
financial supplement paid to the student in accordance with the Scheme;
and
13 Paragraph 202CB(6)(a)
After “applicant for”, insert “an austudy
payment,”.
14 Paragraph 202CB(6)(a)
Omit “or a sickness allowance”, insert “, a sickness
allowance or a youth allowance”.
15 Paragraph 202CB(6)(aa)
Repeal the paragraph.
16 Paragraph 202CB(6)(b)
Omit “such a benefit or pension”, substitute “a payment
referred to in paragraph (a)”.
17 Paragraph 202CE(7)(a)
After “applicant for”, insert “an austudy
payment,”.
18 Paragraph 202CE(7)(a)
Omit “or a sickness allowance”, insert “, a sickness
allowance or a youth allowance”.
19 Paragraph 202CE(7)(aa)
Repeal the paragraph.
20 Paragraph 202CE(7)(b)
Omit “such a benefit or pension”, substitute “a payment
referred to in paragraph (a)”.
21 Subsection 221A(1) (paragraph (c) of the
definition of prescribed non-resident)
After “Part” insert “2.11, 2.11A,”.
22 Subsection 221ZY(1) (definition of FS
assessment debt)
Repeal the definition, substitute:
FS assessment debt means an FS assessment debt
under:
(a) an instrument under Chapter 2B of the Social Security Act 1991
establishing a Student Financial Supplement Scheme; or
(b) the Student Assistance Act 1973.
23 Application—payments of
AUSTUDY
The amendments to the Income Tax Assessment Act 1936 made by this
Part do not apply to payments of benefits under the AUSTUDY scheme under Part 2
of the Student Assistance Act 1973 (as in force before 1 July
1998).
Note: This Act repeals Part 2 of the Student Assistance
Act 1973 (as in force before 1 July 1998), and payments of benefits under
the AUSTUDY scheme will cease to be made under that Part.
24 Application—payments of youth training
allowance
The amendments to the Income Tax Assessment Act 1936 made by this
Part do not apply to payments of youth training allowance under Part 8 of the
Student Assistance Act 1973 (as in force before 1 July 1998).
Note: This Act repeals Part 8 of the Student Assistance
Act 1973 (as in force before 1 July 1998), and payments of youth training
allowance will cease to be made under that Part.
Income
Tax Assessment Act 1997
25 Section 11-15 (table item headed
“social security or like payments”)
Omit:
|
youth training allowance, payment of............................ |
24ABZE and 24ABZF |
26 Paragraph 26-20(1)(d)
After “under”, insert “Chapter 2B of the Social
Security Act 1991 or”.
27 Section 52-10 (after table item
2.1)
Insert:
|
2A.1 |
Austudy payment |
Supplementary amount is exempt (see section 52-15) |
Supplementary amount, and tax-free amount, are exempt (see sections 52-15
and 52-20) |
Exempt |
Exempt up to the tax-free amount (see section 52-30) |
28 Section 52-10 (after table item
13.1)
Insert:
|
13A.1 |
Fares allowance |
Exempt |
Exempt |
Not applicable |
Not applicable |
29 Section 52-10 (after table item
22.1)
Insert:
|
22A.1 |
Pensioner education supplement |
Exempt |
Exempt |
Not applicable |
Not applicable |
30 Section 52-10 (at the end of the
table)
Add:
|
35.1 |
Youth allowance |
Supplementary amount is exempt (see section 52-15) |
Supplementary amount, and tax-free amount, are exempt (see sections 52-15
and 52-20) |
Exempt |
Exempt up to the tax-free amount (see section 52-30) |
31 Section 52-15 (table item 1, paragraph (d) of
the column relating to the supplementary amount)
Omit “; and”.
32 Section 52-15 (table item 1, paragraph (e) of
the column relating to the supplementary amount)
Repeal the paragraph.
33 Section 52-15 (table item
2)
After “Widow allowance”, insert “Youth
allowance”.
34 Section 52-15 (table item 2, paragraph (c) of
the column relating to the supplementary amount)
Omit “; and”.
35 Section 52-15 (table item 2, paragraph (d) of
the column relating to the supplementary amount)
Repeal the paragraph.
36 Section 52-15 (table item 4, paragraph (d) of
the column relating to the supplementary amount)
Repeal the paragraph.
37 Section 52-15 (at the end of the
table)
Add:
|
5 |
Austudy payment |
(a) so much of the payment as is included by way of remote area allowance;
and |
38 Subsection 52-20(3) (after table item
5)
Insert:
|
5A |
Division 10 of Part 2.11 |
paragraph 567(1)(f) |
|
5B |
Division 10 of Part 2.11A |
paragraph 592(1)(f) |
39 Subsection 52-30(1)
Before “Mature age allowance (paid under Part 2.12B)”, insert
“Austudy payment”.
40 Subsection 52-30(1) (at the end of the
table)
Add “Youth allowance”.
41 Section 52-40 (after table item
2)
Insert:
|
2A |
Austudy payment |
Part 2.11A |
Section 592A |
Section 592B |
42 Section 52-40 (after table item
13)
Insert:
|
13A |
Fares allowance |
Part 2.26 |
Not applicable |
Not applicable |
43 Section 52-40 (after table item
22)
Insert:
|
22A |
Pensioner education supplement |
Part 2.27 |
Not applicable |
Not applicable |
44 Section 52-40 (at the end of the
table)
Add:
|
35 |
Youth allowance |
Part 2.11 |
Section 567A |
Section 567B |
45 Paragraph 52-70(c)
Omit “allowance; and”, substitute
“allowance.”.
46 Paragraph 52-70(d)
Repeal the paragraph.
Taxation
(Interest on Overpayments and Early Payments) Act 1983
47 Subsection 3(1) (definition of FS
assessment debt)
Repeal the definition, substitute:
FS assessment debt means an FS assessment debt
under:
(a) an instrument under Chapter 2B of the Social Security Act 1991
establishing a Student Financial Supplement Scheme; or
(b) the Student Assistance Act 1973.
1
Clause 1 of Schedule 1 (paragraph (c) of the definition of
income support
payment)
Omit “1992; or”, substitute
“1992.”.
2
Clause 1 of Schedule 1 (paragraph (d) of the definition of
income support
payment)
Repeal the paragraph.
The amendments made by items 1 and 2 apply for the purposes of working out
whether a person was receiving income support payment at or after the
commencement of this item.
4
Section 139L (subparagraph (b)(iii) of the definition of
income)
Repeal the subparagraph.
Insert:
(ba) receives a youth allowance or a newstart allowance under Part 2.11 or
2.12 of the Social Security Act 1991; or
Repeal the paragraph.
Repeal the subsection.
Repeal the paragraph, substitute:
(a) receives youth allowance under the Social Security Act 1991 and
is undertaking full-time study (as defined in that Act); or
(aa) receives austudy payment under the Social Security Act 1991;
or
(ab) receives a pensioner education supplement under the Social
Security Act 1991; or
Data-matching
Program (Assistance and Tax) Act 1990
9
Subsection 3(1) (at the end of paragraph (da) of the definition of
personal
assistance)
Add “as in force before 1 July 1998”.
10
Subsection 22(4) (paragraph (b) of the definition of
pensioner or
beneficiary)
After “2.7,”, insert “2.11, 2.11A,”.
11
Subsection 22(4) (paragraph (ca) of the definition of
pensioner or
beneficiary)
Repeal the paragraph.
Farm
Household Support Act 1992
After “Australian resident”, insert
“austudy payment”.
After “social security benefit”, insert
“youth allowance”.
14
Subsection 3(2) (definition of youth
training allowance)
After “1973”, insert “as in force before 1 July
1998”.
Omit “or partner allowance”, substitute “, partner
allowance, youth allowance or austudy payment”.
Omit “or partner allowance”, substitute “, partner
allowance, youth allowance or austudy payment”.
Omit “a youth training allowance,”.
Omit “youth training allowance or newstart allowance”,
substitute “newstart allowance, youth allowance or austudy
payment”.
Omit “18”, substitute “21”.
Note: The heading to section 21A is altered by omitting
“18” and substituting
“21”.
20
Paragraphs 21A(1)(a) and (b)
Omit “training” (wherever occurring).
Omit “18”, substitute “21”.
Note: The heading to section 22 is altered by omitting
“18” and substituting
“21”.
Omit “a youth training allowance,”.
23
Paragraphs 43(1)(b) and (d)
Omit “youth training allowance or newstart allowance”,
substitute “newstart allowance, youth allowance or austudy
payment”.
Omit “18”, substitute “21”.
Repeal the subsection, substitute:
(4) If the farm was sold within the period of 9 months from the beginning
of the grant period in relation to the person and the person had not reached the
age of 21 years at the time of the sale:
(a) the person is entitled to a grant equal to the amount of youth
allowance that would be payable to the person in respect of the period (the
youth qualifying period) from the time of the sale of the farm to
the end of the period of 9 months or the time when the person reaches the age of
21 years, whichever first happens, if, under Part 2.11 of the Social Security
Act 1991:
(i) the person were entitled to receive youth allowance for the youth
qualifying period; and
(ii) youth allowance were payable to him or her at the rate that would be
the person’s maximum payment rate at the beginning of the youth qualifying
period; and
(b) if the person reaches the age of 21 years before the end of the period
of 9 months, the person is entitled to a grant equal to the amount of newstart
allowance that would be payable to the person in respect of the period (the
post-21 period) from the time when the person reached that age
until the end of the period of 9 months if, under the Social Security Act
1991:
(i) the person were entitled to receive newstart allowance for the post-21
period; and
(ii) newstart allowance were payable to the person at the rate that would
be the person’s maximum payment rate at the beginning of the post-21
period.
Note: For the person’s maximum payment rate, see the
Youth Allowance Rate Calculator in Part 3.5 of the Social Security Act
1991 or Module A of the Benefit Rate Calculator applicable to the person
under section 643 of that Act (as appropriate).
The amendments made by items 24 and 25 apply in relation to the sale of
farms on or after the commencement of this item.
27
Subsection 3(1) (definition of DSS
benefit dependant)
Omit “or a youth training allowance under the Student and Youth
Assistance Act 1973”, substitute “, or the recipient of youth
allowance under that Act who is not undertaking full-time study for the purposes
of that Act”.
Insert:
youth allowance means youth allowance under the Social
Security Act 1991.
Omit “training allowance under Part 8 of the Student and Youth
Assistance Act 1973”, substitute “allowance but is not
undertaking full-time study as defined in the Social Security Act
1991”.
30
Subsection 4D(3) (definition of
qualified
recipient)
Repeal the definition, substitute:
qualified recipient means:
(a) a person who is in receipt of:
(i) a social security pension (except a special needs pension) under the
Social Security Act 1991; or
(ii) a social security benefit (except a youth allowance or austudy
payment) under that Act; or
(iii) a Commonwealth allowance; or
(b) a person who is in receipt of youth allowance but is not undertaking
full-time study as defined in the Social Security Act 1991.
31
Transitional provision for qualified recipients
Section 4D of the Health Insurance Act 1973 as amended by item 30
operates as if a person who received youth training allowance under Part 8 of
the Student and Youth Assistance Act 1973 before the commencement of that
item had received a social security benefit under the Social Security Act
1991 for each period for which the person received youth training
allowance.
Insert:
(1A) If:
(a) a person was declared under section 5D to be a disadvantaged person;
and
(b) on the last day for which that declaration was in force he or
she:
(i) was undertaking full-time study (as defined in the Social Security
Act 1991); and
(ii) was an eligible person; and
(c) he or she received youth allowance for that day;
this section applies to him or her as if he or she had lodged on that day
an application in accordance with subsection (1) of this section.
33
Subsection 5B(12) (definition of
dependant)
Repeal the definition, substitute:
dependant of a person means:
(a) a child of the person; or
(b) the person’s partner (as defined in the Social Security Act
1991), if:
(i) the partner is a DSS benefit dependant of the person and the person is
receiving a youth allowance or unemployment benefit; or
(ii) the partner would be a DSS benefit dependant of the person were the
person receiving a youth allowance or unemployment benefit.
34
Subsection 5B(12) (definition of
income)
Omit “or Part 8 of the Student and Youth Assistance Act
1973”.
35
Subsection 5B(12) (paragraph (aa) of the definition of
income)
Repeal the paragraph.
Omit “youth training allowance”, substitute “youth
allowance”.
Note: The heading to section 5D is altered by inserting
“, youth allowance” after “newstart
allowance”.
Insert:
(1AA) However, the Secretary must not declare a person to be a
disadvantaged person under subsection (1) if the person is undertaking full-time
study (as defined in the Social Security Act 1991) when he or she is
granted a youth allowance.
Omit “youth training allowance”, substitute “youth
allowance”.
Insert:
(2) However, the Secretary must not declare a person to be a disadvantaged
person under subsection (1A) if the person is undertaking full-time study (as
defined in the Social Security Act 1991) when a determination is made to
pay him or her a youth allowance.
(3) Subsections (1AA) and (2) do not cause a declaration under this
section to cease to be in force if the person who is the subject of the
declaration starts to undertake full-time study (as defined in the Social
Security Act 1991) while the declaration is in force.
40
Subsection 5D(8) (definition of youth
training allowance)
Repeal the definition.
A declaration made under section 5D of the Health Insurance Act 1973
as in force before the commencement of this item continues in force for the
period specified in the declaration, despite the amendment of that section by
this Act.
Omit “and sections 351 to 360 of the Student and Youth Assistance
Act 1973”.
43
Subsection 4(1) (subparagraph (aa)(iii) of the definition of
pensioner)
After “mature age allowance”, insert “or austudy
payment”.
44
Subsection 4(1) (subparagraph (a)(i) of the definition of
social security
beneficiary)
After “benefit”, insert “(other than youth allowance or
austudy payment)”.
45
Subsection 4(1) (paragraph (aa) of the definition of
social security
beneficiary)
Repeal the paragraph, substitute:
(aa) a person who is in receipt of youth allowance under the Social
Security Act 1991 and is not undertaking full-time study (as defined in that
Act); or
The amendments made by items 44 and 45 apply for the purposes of working
out whether a person is a social security beneficiary (within the meaning of the
National Health Act 1953) at a time after the commencement of those
items.
47
Subsection 84(1) (paragraph (ae) of the definition of
concessional
beneficiary)
Repeal the paragraph, substitute:
(ae) a person who is being paid youth allowance under the Social
Security Act 1991 but is not undertaking full-time study (as defined in that
Act); or
Registration
of Deaths Abroad Act 1984
48
Subsection 3(1) (paragraph (ca) of the definition of
prescribed
person)
Repeal the paragraph.
49
Subsection 23(11) (paragraph (a) of the definition of
tertiary education
institution)
Omit “Student and Youth Assistance Act 1973”, substitute
“Student Assistance Act 1973”.
Veterans’
Entitlements Act 1986
Omit:
|
education leavers waiting period |
5Q(1) |
|
youth training allowance |
5Q(1) |
Insert in their appropriate alphabetical position, determined on a
letter-by-letter basis:
|
austudy payment |
5Q(1) |
|
youth allowance |
5Q(1) |
52
Subsection 5E(1) (definition of member
of a couple)
Omit “and (4)”, substitute “, (4) and
(4A)”.
Insert:
(4A) The partner of a person who:
(a) is receiving a youth allowance under the Social Security Act;
and
(b) is not independent within the meaning of Part 3.5 of that
Act;
is not a member of a couple for the purposes of:
(c) the provisions of this Act referred to in the table at the end of this
subsection; and
(d) any provision of this Act that applies for the purposes of a provision
mentioned in paragraph (c).
Note: Paragraph (d) has the effect of treating a person as
not being a member of a couple in provisions that apply for the purposes of the
income test, assets test or compensation recovery provisions, including section
5H (Income test definitions), section 5L (Assets test definitions), section 5NB
(Compensation recovery definitions) and Divisions 1 to 11 of Part IIIB (General
provisions relating to the income and assets tests).
|
Affected provisions |
||
|---|---|---|
|
Item |
Provisions of this Act |
Subject matter |
|
1 |
Part IIIC |
Compensation recovery |
|
2 |
Module E of the Rate Calculator in Part 2 of Schedule 6 |
Ordinary/adjusted income test |
|
3 |
Module F of the Rate Calculator in Part 2 of Schedule 6 |
Assets test |
Repeal the subparagraph.
Repeal the subparagraph.
Omit “or a youth training allowance”.
57
Subsection 5F(1) (at the end of paragraph (j) of the definition of
child)
Add “(except youth allowance paid because the person is at least 16
but less than 25 and is receiving full-time education at a school, college or
university)”.
58
Subsection 5F(1) (definition of
child)
Omit “or if the person is receiving a youth training
allowance”.
Repeal the subsection.
Repeal the paragraph.
The repeal of paragraph 5H(8)(ha) of the Veterans’ Entitlements
Act 1986 applies for the purposes of working out income earned, derived or
received after 1 July 1998.
After “allowance”, insert “or youth
allowance”.
Repeal the paragraph.
Insert:
austudy payment has the meaning given by the Social
Security Act 1991.
65 Subsection 5Q(1) (definition of education
leavers waiting period)
Repeal the definition.
66
Subsection 5Q(1) (after paragraph (aa) of the definition of
social security
benefit)
Insert:
(ab) youth allowance under Part 2.11; or
(ac) austudy payment under Part 2.11A; or
Insert:
youth allowance has the meaning given by the Social
Security Act 1991.
68
Subsection 5Q(1) (definition of youth
training allowance)
Repeal the definition.
Repeal the paragraph, substitute:
(d) by way of youth allowance; or
70
At the end of paragraphs 13(7)(e) and (f)
Add “or”.
Insert:
(2A) If a veteran has a child who is receiving youth allowance, subsection
53E(2) applies to the veteran as if the child were a dependent child.
Insert:
53F-6A Points 53F-4, 53F-5 and 53F-6 apply to a person (the
parent) as if each other person who is a child of the parent and
is receiving youth allowance were a dependent child of the parent.
Repeal the paragraph.
Repeal the paragraph, substitute:
(a) by way of youth allowance; or
Omit “AUSTUDY scheme”, substitute “Social Security Act or
the Student Assistance Act 1973”.
Omit “an approved course under the AUSTUDY scheme”, substitute
“the subject of a determination made under section 5D of the Student
Assistance Act 1973 by the Minister administering that Act”.
77
Subsection 205(8) (paragraph (d) of the definition of
prescribed educational
scheme)
Repeal the paragraph.
The amendment made by item 77 does not affect arrangements or proceedings
for recovery of an amount purportedly paid under the AUSTUDY scheme before the
commencement of this item but was not lawfully payable under that
scheme.
79
After subclause 10(3) of Schedule 5
Insert:
(3A) Subclause (2) ceases to apply to the rate of service pension or
income support supplement payable to a person:
(a) from the start of the day the Social Security Legislation Amendment
(Youth Allowance) Act 1998 commences, if the child or youngest child because
of whom this clause applies to the person is 16 or over then; or
(b) from the start of the 16th birthday of the child or youngest child
because of whom this clause applies to the person, if that child is under 16 on
the day that Act commences.
(3B) In working out the amount of:
(a) a person’s notional pension/supplement child-related amount;
and
(b) the notional family allowance child-related amount for a person or his
or her partner;
at a time at or after the commencement of the Social Security
Legislation Amendment (Youth Allowance) Act 1998, disregard a child who is
16 or over at the time.
80 Paragraph SCH6-E10(d) of Schedule
6
Repeal the paragraph.
81
Paragraph SCH6-G4(b) of Schedule 6
Omit “, a social security benefit or a youth training
allowance”, substitute “or a social security
benefit”.
82
At the end of Module E of the Rate Calculator in Schedule 6
Add:
SCH6-E12 In this Module:
dependent child, in relation to a person, includes any child
of the person who is under 18 and is receiving a youth allowance.