Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT (FAMILY AND OTHER MEASURES) ACT 1997 NO. 202, 1997 - SCHEDULE 22

Student and Youth Assistance Act 1973

1 Subsection 65(1)

Omit "66, 67", substitute "67, 69, 70, 71".

2 After subsection 65(1)

Insert:

(1A) Subject to sections 67, 69, 70, 71 and 72, a person is qualified for a youth training allowance in respect of a period if:

(a) the person satisfies the Secretary that throughout the period the person is unemployed; and

(b) throughout the period the person:

(i) is over the age of 16 years but under the age of 18 years; and

(ii) is an Australian resident; and

(iii) is in Australia; and

(c) the person was not in receipt of a newstart allowance during the period; and

(d) the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end of the period; and

(e) the Secretary is satisfied that throughout the period the person suffered from a medical condition that had a significant adverse effect on the person's ability to work; and

(f) the person satisfies any one of the conditions in subsection (1B).

(a) a condition that the person was an Australian resident when the significant adverse effect of the medical condition on the person's ability to work first occurred; and

(b) a condition that at the start of the period the person had 10 years qualifying Australian residence or had a qualifying residence exemption for youth training allowance; and

(c) a condition that:

(i) the person was born outside Australia; and

(ii) when the significant adverse effect of the medical condition first occurred the person was not an Australian resident but was a dependent child of an Australian resident; and

(iii) the person became an Australian resident while a dependent child of an Australian resident.

Omit "66, 67", substitute "67, 69, 70, 71".

4 At the beginning of Subdivision BAA of Division 2 of Part 8

Insert:

SECT 78AAA Subdivision not to apply to person with a pending claim for disability support pension This Subdivision does not apply to a person who is qualified for a youth training allowance under subsection 65(1A).

5 After subsection 79(1)

Insert:

(1AA) Subsection (1) does not apply to a person who is qualified for a youth training allowance only under subsection 65(1A).

6 After section 90

Insert:

SECT 90A Provisional commencement day: claimant for disability support pension (1) The provisional commencement day of a person who is qualified for youth training allowance under subsection 65(1A) is the day on which the person made the claim for disability support pension mentioned in paragraph 65(1A)(d).

(2) If the person's claim for disability support pension is rejected, the person's provisional commencement day is to be worked out under section 91.

7 Subsection 91(1)

After "Subject to", insert "section 90A and".

Note: The heading to section 91 is replaced by the heading " Provisional commencement day: general ".

Add:

(3) If:

(a) a determination has been made under subsection (1) granting a claim for a youth training allowance to a person who was qualified for the allowance under subsection 65(1A); and

(b) the person ceases to be qualified for the allowance under subsection 65(1A) but becomes qualified for the allowance under subsection 65(1) within 14 days after the person ceased to be qualified under subsection 65(1A);

9 Paragraph 151(1)(c)

After "section", insert "151A,".

10 At the beginning of Subdivision B of Division 9 of Part 8

Insert:

SECT 151A Automatic termination: change of basis of qualification If:

(a) a person ceases to be qualified for a youth training allowance under subsection 65(1A); and

(b) the person does not become qualified for the allowance under subsection 65(1) within 14 days after the person ceases to be qualified as mentioned under paragraph (a);