Student Assistance (Youth Training Allowance)
Amendment Act 1994
No. 183 of 1994
An Act to amend the Student Assistance Act 1973
[Assented to 23 December 1994]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Student Assistance (Youth Training Allowance) Amendment Act 1994.
(2) In this Act, "Principal Act" means the Student Assistance Act 19731.
Commencement
2. This Act commences on 1 January 1995.
Title
3. The title of the Principal Act is amended by inserting "and young people" after "students".
Short title
4. Section 1 of the Principal Act is amended by inserting "and Youth" after "Student".
Interpretation
5. Section 3 of the Principal Act is amended:
(a) by omitting the definition of "officer" from subsection (1) and substituting the following definition:
" 'officer' means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Division 3 of Part 10, includes:
(a) a person who has been such a person; and
(b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under this Act; and
(c) a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information concerning a person under this Act;";
(b) by omitting from subsection (1) the definitions of "authorised person" and "prescribed officer";
(c) by inserting in subsection (1) the following definitions:
" 'protected information' means information about a person that is held in the records of the Department of Employment, Education and Training or of the Department of Social Security;
'student assistance benefit' means a payment under:
(a) the AUSTUDY scheme; or
(b) the Student Financial Supplement Scheme; or
(c) a current or former special educational assistance scheme;".
Repeal of section
6. Section 4 of the Principal Act is repealed.
Binding of the Crown
7. Subsection 5(1) of the Principal Act is repealed and the following subsection is substituted:
"(1) This Act other than:
(a) Part 8 but subject to section 249; and
(b) Part 9, in so far as it relates to youth training allowance: and
(c) Part 10, in so far as it relates to youth training allowance but subject to subsection 342(2);
binds the Crown in all its capacities.".
Insertion of new sections
8. After section 5A of the Principal Act the following sections are inserted in Part 1:
Secretary to have general administration
"5B. The Secretary is, subject to any directions of the Minister, to have the general administration of this Act.
Principles of administration
"5C. In administering this Act, the Secretary is to have regard to:
(a) the desirability of achieving the following results:
(i) the ready availability to members of the public of advice and information services relating to benefits under this Act;
(ii) the ready availability of publications containing clear statements about entitlements under this Act and procedural requirements;
(iii) the delivery of services under this Act in a fair, courteous, prompt and cost-efficient manner:
(iv) a process of monitoring and evaluating delivery of programs with an emphasis on the impact of programs on people who receive benefits under this Act;
(v) the establishment of procedures to ensure that abuses of the schemes for benefits under this Act are minimised; and
(b) the special needs of disadvantaged groups in the community; and
(c) the need to be responsive to Aboriginally and to cultural and linguistic diversity; and
(d) the importance of the systems of review of decisions under this Act: and
(e) the need to apply government policy in accordance with the law and with due regard to relevant decisions of the Administrative Appeals Tribunal and the Social Security Appeals Tribunal.
Note: In administering this Act, the Secretary is also bound by the Privacy Act 1988 and by the provisions of this Act concerning confidentiality—see Division 3 of Part 10.".
Benefits under the AUSTUDY scheme
9. Section 7 of the Principal Act is amended by omitting from subsection (1) "an authorised person" and substituting "the Secretary".
Advances on account of benefit
10. Section 11 of the Principal Act is amended by omitting "An authorised person" and substituting "The Secretary".
Secretary to give student notice of entitlement
11. Section 12F of the Principal Act is amended:
(a) by omitting from subsection (1) "An authorised person" and substituting "The Secretary";
(b) by omitting from subsection (2) "an authorised person" and substituting "the Secretary";
(c) by omitting from subsection (3) "an authorised person" and substituting "the Secretary".
Payments to stop if student ceases to be eligible for financial supplement
12. Section 12R of the Principal Act is amended:
(a) by omitting from subsection (1) "an authorised person" and substituting "the Secretary";
(b) by omitting from subsection (1) "the authorised person" and substituting "the Secretary";
(c) by omitting from subsection (2) "the authorised person" and substituting "the Secretary".
What happens if student fails to notify change in circumstances
13. Section 12S of the Principal Act is amended:
(a) by omitting from subsection (1) "a prescribed officer" and substituting "the Secretary";
(b) by omitting from subsection (1) "the prescribed officer" and substituting "the Secretary";
(c) by omitting from subsection (2) "the prescribed officer" and substituting "the Secretary";
(d) by omitting from paragraph (2)(a) "an authorised person" and substituting "the Secretary".
Payments to stop if student is found never to have been eligible for financial supplement
14. Section 12T of the Principal Act is amended:
(a) by omitting from paragraph (1)(b) "an authorised person" and substituting "the Secretary";
(b) by omitting from subsection (1) "the authorised person" and substituting "the Secretary";
(c) by omitting from subsection (2) "the authorised person" and substituting "the Secretary".
What happens if financial supplement was paid because of provision of false or misleading information
15. Section 12U of the Principal Act is amended:
(a) by omitting from subsection (1) "a prescribed officer" and substituting "the Secretary";
(b) by omitting from subsection (1) "the prescribed officer" and substituting "the Secretary";
(c) by omitting from subsection (2) "the prescribed officer" and substituting "the Secretary".
Death of student
16. Section 12V of the Principal Act is amended by omitting from subsection (1) "an authorised person" and substituting "the Secretary".
Notice and a certificate to Commissioner
17. Section 12ZH of the Principal Act is amended by omitting from subsection (3) "arrange for a prescribed officer to".
Explanation of Division
18. Section 12ZV of the Principal Act is amended by omitting from paragraph (b) "by authorised persons or prescribed officers*' and substituting "by the Secretary".
What happens if a decision of Secretary is set aside or varied
19. Section 12ZX of the Principal Act is amended by omitting "an authorised person or a prescribed officer" and substituting "the Secretary".
Repeal of Part 5
20. Part 5 of the Principal Act is repealed.
Recovery of certain overpayments by offsetting
21. Section 38 of the Principal Act is amended:
(a) by omitting from subsection (2) "a prescribed officer" and substituting "the Secretary";
(b) by omitting from subsection (4) "a prescribed officer" and substituting "the Secretary";
(c) by omitting from paragraph (4)(b) "the prescribed officer" and substituting "the Secretary"; .
(d) by omitting from subsection (5) "a prescribed officer" and substituting "the Secretary".
Late payment charge and interest in relation to overpayment of a benefit
22. Section 40 of the Principal Act is amended:
(a) by omitting from subsection (1A) "a prescribed officer" and substituting "the Secretary";
(b) by omitting from subsection (5) "paragraph 43(2)(c)" and substituting "section 284 as applied under subsection 43(2)";
(c) by omitting from subsection (6) "a prescribed officer" and substituting "the Secretary".
Determination that late payment interest not to be payable in relation to certain periods
23. Section 41 of the Principal Act is amended:
(a) by omitting from subsection (1) "Minister or a prescribed officer" and substituting "Secretary";
(b) by omitting from subsection (4) "Minister or the prescribed officer" and substituting "Secretary";
(c) by omitting subsection (7).
Recovery of certain overpayments from third parties
24. Section 42 of the Principal Act is amended:
(a) by omitting from subsection (3) "A prescribed officer" and substituting "The Secretary";
(b) by omitting from subsection (6) "The prescribed officer" and substituting "The Secretary";
(c) by omitting from paragraph (9)(a) "a prescribed officer" and substituting "the Secretary";
(d) by omitting from subsection (13) "a prescribed officer" and substituting "the Secretary";
(e) by omitting from paragraph (13)(b) "the prescribed officer" and substituting "the Secretary";
(f) by omitting from subsection (14) "a prescribed officer" and substituting "the Secretary".
Write off and waiver of certain overpayments etc.
25. Section 43 of the Principal Act is amended by omitting subsections (2) to (6) and substituting the following subsections:
"(2) Section 284 and Subdivision D of Division 15 of Part 8 apply to recoverable amounts referred to in subsection (1) in the same way as that section and that Subdivision apply to debts recoverable by the Commonwealth under Subdivision B of Division 15 of that Part.
"(3) In the application of Subdivision D of Division 15 of Part .8 to recoverable amounts referred to in subsection (1), that Subdivision has effect as if the reference in subsection 289(5) to $200 were a reference to $50.".
Repeal of section
26. Section 44 of the Principal Act is repealed.
Repeal of sections
27. Sections 45 to 47 of the Principal Act are repealed.
Obligation to notify happening of certain events
28. Section 48 of the Principal Act is amended by inserting "other than Part 8" after "Act".
Offences
29. Section 49 of the Principal Act is amended:
(a) by inserting "other than Part 8" after "Act" (wherever occurring):
(b) by omitting from subsection (3) "a prescribed officer"" and substituting "the Secretary"".
Proceedings against corporations
30. Section 50 of the Principal Act is amended:
(a) by omitting from subsection (1) "this Act or the regulations"' and substituting "this Act (other than Part 8) or regulations made for the purposes of this Act (other than Part 8)":
(b) by omitting from subsection (2) "this Act and the regulations"" and substituting "this Act (other than Part 8) and regulations made for the purposes of this Act (other than Part 8)".
Evidentiary certificates
31. Section 51 of the Principal Act is amended.
(a) by omitting from subsection (1) "a prescribed officer" (twice occurring), and substituting "the Secretary":
(b) by inserting in paragraph (1)(a) "other than Part 8" after "Act":
(c) by omitting from subsection (2) "by a prescribed officer" and substituting "by the Secretary";
(d) by omitting from paragraph (2)(h) "an authorised person or a prescribed officer" and substituting "the Secretary";
(e) by omitting from subsection (3) "a prescribed officer" and substituting "the Secretary".
Repeal of sections
32. Sections 52, 53 and 54 of the Principal Act are repealed.
Appropriation
33. Section 55A of the Principal Act is amended by inserting after subsection (1A) the following subsection:
"(1B) The following payments are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly:
(a) payments under Part 8 (other than section 136);
(b) payments to a person under the Social Security Act 1991 the making of which is dependent upon the person being qualified for youth training allowance under Part 8.".
Repeal of section
34. Section 55B of the Principal Act is repealed.
Regulations
35. Section 56 of the Principal Act is amended by omitting paragraph (c).
Addition of new Parts and Schedules
36. After Part 7 of the Principal Act the following Parts and Schedules are added:
"PART 8—YOUTH TRAINING ALLOWANCE
"Division 1—Interpretation
Application of Part 1.2 of the Social Security Act
"57.(1) Subject to subsection (4), the provisions of Part 1.2 of the Social Security Act apply for the purposes:
(a) of this Part; and
(b) of Parts 9 and 10 in so far as those Parts apply to youth training allowance.
"(2) Without limiting the generality of subsection (1), if a provision of Part 1.2 of the Social Security Act applies only for the purposes of a particular provision or particular provisions of that Act, then, subject to subsection (4), the first-mentioned provision also applies for the purposes of any provision:
(a) of this Part; or
(b) of Part 9 or 10 in so far as that Part applies to youth training allowance;
that corresponds to that particular provision or those particular provisions of the Social Security Act.
"(3) In applying a provision of Part 1.2 of the Social Security Act under subsection (1) or (2) for the purposes:
(a) of this Part or a provision of this Part; or
(b) of Part 9 or 10, or a provision of Part 9 or 10. in so far as that Part applies to youth training allowance:
this Part, and Parts 9 and 10 in so far as they so apply, are to be treated as if they were incorporated in the Social Security Act.
"(4) A provision of Part 1.2 of the Social Security Act only applies under subsection (1) or (2) in so far as it is not inconsistent:
(a) with this Part; and
(b) with Parts 9 and 10 in so far as those Parts apply to youth training allowance.
Interpretation
Definitions
"58.(1) In this Part, unless the contrary intention appears:
'activity test determent period' has the same meaning as in the Social Security Act but includes a period worked out under section 109 of this Act in relation to the application of a youth training allowance automatic deferment provision included in Subdivision F of Division 2 of this Part:
'administrative breach deferment period' has the same meaning as in the Social Security Act but includes a period worked out under section 116 of this Act in relation to the application of a youth training allowance automatic deferment provision included in Subdivision G of Division 2 of this Part:
'approved organisation' means an organisation approved under section 59 or under section 28 of the Social Security Act:
'assurance of support debt' means a debt due and payable by a person to the Commonwealth, or a liability of a person to the Commonwealth, because of the operation of Part 5 of the Migration (1993) Regulations in respect of the payment to another person of youth training allowance:
'automatic deferment provision' means:
(a) a youth training allowance automatic deferment provision; or
(b) a JSA automatic deferment provision; or
(c) an NS allowance automatic deferment provision; or
(d) section 126 of the Social Security Act;
'available money' has the same meaning as in the Social Security Act but does not include money to which Subdivision G of Division 11 of this Part applies;
'Commonwealth funded employment program' means a Commonwealth program of funding to a community or group where the funding is based, either wholly or partly, on the number of people in that community or group who are, or are likely to be, qualified for youth training allowance, job search allowance or newstart allowance;
'current figure', as at a particular time and in relation to an amount that is to be indexed under Division 13, means:
(a) if the amount has not yet been indexed under that Division before that time—the amount; or
(b) if the amount has been indexed under that Division before that time—the amount most recently substituted for the amount under that Division before that time;
'deferment period' means an activity test deferment period or an administrative breach deferment period;
'dependent child' has the meaning that would be given to that expression by subsections 5(2) to (9) of the Social Security Act if references in those subsections to a young person were references to a person;
'discretionary deferment provision' means:
(a) a youth training allowance discretionary deferment provision; or
(b) a JSA discretionary deferment provision; or
(c) an NS allowance discretionary deferment provision;
'education leavers waiting period' means an education leavers waiting period under section 98;
'entry contribution' has the same meaning as in section 1147 of the Social Security Act;
'fringe benefits year' means a year beginning on 1 April;
'managed investment' has the same meaning as in the Social Security Act but does not include a loan within the meaning of Subdivision G of Division 11 of this Part;
'net property loss', in relation to a person for an accounting period, means:
(a) if the expenses incurred by the person on rental property during the period are more than the person's gross rental property income for the period—the amount by which those expenses are more than that gross rental property income; or
(b) if the expenses incurred by the person on rental property during the period are not more than the person's gross rental property income for the period—nil;
'newly arrived residents waiting period' means a newly arrived residents waiting period under section 101;
'ordinary waiting period' means an ordinary waiting period under section 96;
'parent', in relation to a person (the 'relevant person'), means (except in Part 2 of Schedule 1):
(a) if the relevant person is not an adopted child—a natural parent of the person; or
(b) if the relevant person is an adopted child—an adoptive parent of the person;
'provisional commencement day' has the meaning given by section 91;
'receiving full-time education' has a meaning affected by subsection (4);
'recipient notification notice' means a notice given by the Secretary under section 149;
'recipient statement notice' means a notice given by the Secretary under section 150;
'registered in allowance category as being unemployed' has the meaning given by subsection (2);
'served the waiting period' has the meaning given by subsection (3);
'Social Security Act' means the Social Security Act 1991;
'this Part' includes the Schedules;
'transferee to the youth training allowance' and 'transfer day' have the meanings given by section 61;
'unused annual leave waiting period' means an unused annual leave waiting period under section 93;
'waiting period' means:
(a) an unused annual leave waiting period; or
(b) an ordinary waiting period; or
(c) an education leavers waiting period; or
(d) a newly arrived residents waiting period;
'Youth Training Activity Agreement' has the meaning given by subsection 79(4);
'youth training allowance automatic deferment provision' means:
(a) subsection 103(1) (failure to satisfy activity test); or
(b) subsection 104(1) (failure to enter into an activity agreement); or
(c) subsection 105(1) (failure to comply with an activity agreement); or
(d) section 106 (unemployment due to voluntary act); or
(e) section 107 (unemployment due to misconduct); or
(f) section 108 (refusal of offer of employment); or
(g) subsection 114(3) (failure to comply with Secretary's requirements); or
(h) subsection 115(1) (failure to comply with notification requirement);
'youth training allowance discretionary deferment provision' means:
(a) subsection 114(1) (failure to comply with Secretary's requirements); or
(b) subsection 120(1) (failure to continue Commonwealth Employment Service registration); or
(c) subsection 121(1) (seasonal workers); or
(d) subsection 122(1) (lower employment prospects).
Registered in allowance category as being unemployed
"(2) A person registered by the Commonwealth Employment Service as being unemployed is registered in an allowance category as being unemployed if the person:
(a) is so registered for the purposes of the Social Security Act; or
(b) is registered in a category approved by the Secretary for the purposes of this Part as being unemployed.
Served the waiting period
"(3) If a person is subject to an unused annual leave waiting period or an ordinary waiting period for youth training allowance, the person is taken to have served the waiting period if, and only if:
(a) the waiting period has ended; and
(b) the person was, throughout the waiting period, qualified for youth training allowance.
Receiving full-time education—education leavers
"(4) If:
(a) a person ceases to receive full-time education at a school, college or university; and
(b) youth training allowance is not payable to the person because of an education leavers waiting period;
the person is taken to be receiving full-time education at a school, college or university during the period for the purposes of this Part (other than sections 98, 99 and 100).
Approval of voluntary organisations (activity test)
"59. The Secretary may, for the purposes of section 77, by writing, approve organisations that he or she considers provide vocationally useful full-time voluntary work.
Calculation of amount of pharmaceutical allowance paid
Calculation of rate
"60.(1) If:
(a) a person is paid an instalment of youth training allowance on a particular day; and
(b) an amount by way of pharmaceutical allowance is to be added to the person's maximum basic rate in working out the amount of the instalment;
then, for the purposes of this Part, the amount of pharmaceutical allowance paid to the person on that day is the amount worked out using subsections (2), (3) and (4).
Allowance rate for whole fortnights
"(2) If the instalment is for a fortnight or a period of whole fortnights, the amount of allowance paid is the amount worked out using the formula:
where:
'pharmaceutical allowance rate' is the fortnightly amount of pharmaceutical allowance added to the person's maximum basic rate in working out the amount of the instalment;
'number of fortnights' is the number of fortnights in the period for which the instalment is paid.
Allowance rate for period less than a fortnight
"(3) If the instalment is for a period of less than a fortnight, the amount of allowance paid is the amount worked out using the formula:
where:
'pharmaceutical allowance rate' is the fortnightly amount of pharmaceutical allowance added to the person's maximum basic rate in working out the amount of the instalment;
'week days in period' is the number of week days in the period for which the instalment is paid.
Allowance rate for whole fortnights and additional days
"(4) If the instalment is for a period that consists of:
(a) a fortnight or a number of whole fortnights; and
(b) a period of less than a fortnight;
the amount of allowance paid is the amount worked out using the formula:
where:
'pharmaceutical allowance rate' is the fortnightly amount of pharmaceutical allowance added to the person's maximum basic rate in working out the amount of the instalment;
'number of whole fortnights' is the number of whole fortnights in the period for which the instalment is paid;
'week days in short period' is the number of days in the period that is less than a fortnight.
Transferee to youth training allowance
Single person
"61.(1) If:
(a) a person becomes qualified for a youth training allowance; and
(b) immediately before becoming qualified for the allowance the person was receiving:
(i) a social security pension or service pension (an 'old pension'); or
(ii) a social security benefit (an 'old benefit'); and
(c) the person ceases to receive the old pension or old benefit;
then, for the purposes of this Part, the person is a transferee to the youth training allowance and the person's transfer day is the day that immediately follows:
(d) if the person was receiving an old pension—the person's last pension payday; or
(e) if the person was receiving an old benefit—the day on which the person ceases to receive the old benefit.
Member of couple
"(2) If:
(a) a person becomes qualified for a youth training allowance; and
(b) immediately before becoming qualified for the allowance:
(i) the person was a member of a couple; and
(ii) the person's partner was receiving a social security benefit or a rehabilitation allowance;
then, for the purposes of this Part, the person is a transferee to the youth training allowance and the person's transfer day is the day on which the person becomes qualified for the youth training allowance.
Tables, notes etc. form part of section
Table and Key to a Table
"62.(1) For the purposes of this Act, a Table and a Key to a Table are to be taken to be part of:
(a) if the Table occurs in a section containing subsections—the subsection immediately before the Table; and
(b) if the Table occurs in a section that does not contain subsections—the section.
Notes
"(2) For the purposes of this Act, a Note is to be taken to be part of:
(a) if the Note immediately follows a section that does not contain subsections—the section; or
(b) if the Note immediately follows a subsection—the subsection; or
(c) if the Note immediately follows a point in a MODULE in a Schedule—the point; or
(d) if the Note immediately follows a Step in a Method Statement and is aligned with the text of the Step—the Step; or
(e) if the Note immediately follows a Table—the Table; or
(f) if the Note immediately follows a paragraph and is aligned with the text of the paragraph—the paragraph.
Modules
"(3) Part 2 of Schedule 1 and Schedule 4 are divided into MODULES (for example, MODULE A).
Points
"(4) A MODULE in a Schedule is divided into points.
Payments are period-based
Period-based payments
"63.(1) Payments under this Part are referable to periods.
Effect of payments being period-based
"(2) If a payment is payable to a person, the person will be paid only for the particular period (which might be less than a fortnight) in respect of which the payment is payable.
Note: The qualifications for a payment usually require the qualifying conditions to be met throughout a particular period and the payment is expressed as being 'in respect of or 'for' that period.
Qualification for, or payability of, youth training allowance
"64. Before a youth training allowance is payable to a person under this Part:
(a) the person must be qualified for the allowance; and
(b) there must be nothing in this Part that makes the allowance not payable to the person (for example, a waiting period provision, a multiple entitlement exclusion provision or a compensation preclusion provision).
Note: Provisions in the Part relating to paragraph (a) matters refer to the 'person' being 'qualified', 'disqualified' or 'not qualified' for the allowance and provisions in the Part relating to paragraph (b) matters refer to the allowance being 'payable' or 'not payable' to the person.
"Division 2—Qualification for, and payability of, youth training allowance
"Subdivision A—Basic qualifications
Qualification for youth training allowance
Basic qualifications
"65.(1) Subject to subsection (2) and to sections 66, 67 and 72, a person is qualified for a youth training allowance in respect of a period if:
(a) the person did not receive job search allowance at any time during either:
(i) the 6 weeks immediately before the period; or
(ii) the 6 weeks immediately before the person's provisional commencement day; and
(b) the person satisfies the Secretary that throughout the period the person is unemployed; and
(c) throughout the period, or each period within the period, the person either:
(i) satisfies the activity test; or
(ii) is not required to satisfy the activity test; and
(d) when the person is required by the Secretary to enter into a Youth Training Activity Agreement in relation to the period, the person enters into the agreement; and
(e) while the agreement is in force, the person satisfies the Secretary that the person is taking reasonable steps to comply with the terms of the agreement; and
Note: See subsection (4) on taking reasonable steps.
(f) at all times when the person is a party to the agreement, the person is prepared to enter into another such agreement instead of the existing agreement if required to do so by the Secretary; and
(g) 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
Note: See subsection (5).
(iv) is registered by the Commonwealth Employment Service in an allowance category as being unemployed.
"(2) If:
(a) a person is receiving sickness allowance at the commencement of this Part; and
(b) the person ceases to receive sickness allowance and immediately afterwards would, apart from paragraph (1)(a), become qualified for a youth training allowance; and
(c) immediately before the person received sickness allowance the person was receiving job search allowance;
the receipt of that job search allowance is not to be taken into account for the purposes of paragraph (1)(a).
Basic qualifications for certain people aged 15 years
"(3) Subject to sections 66, 67 and 72, a person is qualified for youth training allowance in respect of a period if:
(a) throughout the period the person is over the age of 15 years but under the age of 16 years; and
(b) had the person reached the age of 16 years, he or she would have been qualified for a youth training allowance in respect of the period under subsection (1); and
(c) the person satisfies the Secretary that the person:
(i) has an employment history involving full-time employment that was on either a permanent basis or a regular casual basis; or
(ii) has received an offer of employment of that kind but has been unable to take up the offer for reasons beyond his or her control; or
(iii) has been registered by the Commonwealth Employment Service in an allowance category as being unemployed for at least 13 weeks; and
(d) before the period begins:
(i) the person reached the minimum school leaving age for the State or Territory in which the person is living; or
(ii) a formal exemption from attending school was granted in respect of the person by the education authority of that State or Territory; and
(e) throughout the period, the person:
(i) does not live at a home of either of his or her parents; and
(ii) does not receive regular financial support from either of those parents.
What are reasonable steps
"(4) For the purposes of paragraph (1)(e), a person is taking reasonable steps to comply with the terms of a Youth Training Activity Agreement unless the person has failed to comply with the terms of the agreement and:
(a) the main reason for failing to comply involved a matter that was within the person's control; or
(b) the circumstances that prevented the person from complying were reasonably foreseeable by the person.
Attendance at Reserve or Emergency Force training camp
"(5) A person is not disqualified for youth training allowance because of being outside Australia during a period if the person is attending a training camp during that period as a member of:
(a) the Australian Naval Reserve; or
(b) the Naval Emergency Reserve Forces; or
(c) the Australian Army Reserve; or
(d) the Australian Air Force Reserve; or
(e) the Air Force Emergency Force; or
(f) the Army Individual Emergency Reserve.
Person taken to be qualified
"(6) If:
(a) a person was receiving a social security pension; and
(b) the person claims a youth training allowance 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 a youth training allowance at some time during the 14 day period but after the first day of that period;
the person is taken to be qualified for a youth training allowance for the whole of the 14 day period.
Note 1: A person may be treated as unemployed (see section 68).
Note 2: The activity test is set out in section 75.
Note 3: For 'allowance category' see subsection 58(2).
Note 4: For 'Australian resident' see section 7 of the Social Security Act.
Note 5: A person may not be qualified if the person's unemployment is due to industrial action (see section 69).
Note 6: A person may not be qualified if the person has reduced the person's employment prospects by moving to an area of lower employment prospects (see section 71).
Note 7: If circumstances beyond the person's control prevent the person from being registered by the Commonwealth Employment Service, this requirement may be waived (see section 73).
Note 8: A person unregistered by the Commonwealth Employment Service for up to 6 weeks may be taken to be registered (see section 73).
Note 9: A youth training allowance is not payable in certain circumstances even if the person is qualified (see Subdivisions D, E, F, G and H).
Note 10: A youth training allowance may continue to be paid during incapacity (see section 66).
Note 11: Qualification for a youth training allowance may continue to the end of the last pay period (see section 67).
Note 12: Section 76 relieves people attending training camps mentioned in subsection 65(5) from the activity test.
Note 13: Subsection (6) operates when a person transfers from a pension to a youth training allowance and the person is not qualified for a youth training allowance immediately after the day on which the person's last instalment of pension is paid. The subsection treats the person as being so qualified. As a result, the person may be paid a youth training allowance for the period beginning on the day after the day on which the person's last instalment of pension was paid. The subsection aims to ensure that there is minimal disruption to a person's payments when a person transfers from a pension to a youth training allowance.
Effect of incapacity on qualification
Meaning of 'sickness period'
"66.(1) In this section:
'sickness period', in relation to a person, means a period:
(a) for which the person would be qualified for a sickness allowance under section 666 of the Social Security Act if subsections 666(7) and (8) of that Act were disregarded; and
(b) that begins while the person is receiving a youth training allowance.
Sickness period less than 13 weeks
"(2) Subject to subsections (3) and (4), a person is qualified for a youth training allowance in respect of a sickness period of the person if the Secretary does not expect that period to be longer than 13 weeks.
Sickness period for longer than 13 weeks
"(3) If:
(a) a person is qualified for a youth training allowance in respect of a period under subsection (2); and
(b) the period lasts for longer than 13 weeks;
the person ceases to be qualified for a youth training allowance 13 weeks after the period began.
Sickness period after reaching 18 years of age
"(4) A person is not qualified for a youth training allowance in respect of any part of a sickness period that occurs after the person reaches the age of 18 years.
Youth training allowance may continue to end of payment period
"67. If:
(a) a person is receiving a youth training allowance; and
(b) apart from this section, the person would cease on a particular day to be qualified for the allowance because the person reaches the age of 18 years; and
(c) that day falls in, but is not the last day of, a period for which an instalment of youth training allowance is payable to the person;
the person continues to be qualified for the allowance until the end of that period.
People may be treated as unemployed
Work may be disregarded
"68.(1) If:
(a) a person undertakes paid work during a period; and
(b) the Secretary is of the opinion that, taking into account:
(i) the nature of the work; and
(ii) the duration of the work; and
(iii) any other matters relating to the work that the Secretary thinks relevant;
the work should be disregarded;
the Secretary may treat the person as being unemployed throughout the period.
Compliance with activity test requirement
"(2) A person complying with:
(a) a requirement under subsection 75(7) (activity test); or
(b) a Youth Training Activity Agreement;
may be treated by the Secretary as being unemployed.
Matters relevant to Secretary's decision
"(3) In deciding whether to treat a person as being unemployed, the Secretary is to take into account:
(a) the nature of the activity undertaken by the person so as to comply with a requirement under subsection 75(7) (activity test) or a Youth Training Activity Agreement; and
(b) the duration of the activity; and
(c) any other matters relating to the activity that the Secretary thinks relevant.
Unemployment due to industrial action
Applicant engaged in industrial action
"69.(1) A person is not qualified for a youth training allowance in respect of a period unless the person satisfies the Secretary that the person's unemployment during the period was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.
Other people engaged in industrial action
"(2) If:
(a) a person's unemployment during a period was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and
(b) the people, or some of the people, were members of a trade union that was involved in the industrial action;
the person is not qualified for a youth training allowance in respect of the period unless the Secretary is satisfied that the person was not a member of the trade union during the period.
Period after industrial action stops
"(3) Subsections (1) and (2) do not prevent a person from being qualified for a youth training allowance in respect of a period that occurs after the relevant industrial action or series of industrial actions have stopped.
Note: For 'industrial action', 'trade union' and "unemployment' see section 16 of the Social Security Act.
Assurance of support
"70. A person is not qualified for a youth training allowance in respect of a period if the Secretary is satisfied that throughout the period:
(a) an assurance of support was in force in respect of the person (the 'assuree'); and
(b) the person who gave the assurance of support 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) of the Social Security Act.
Move to area of lower employment prospects
Move to an area without sufficient reason
"71.(1) Subject to subsection (2), a person is not qualified for a youth training allowance on a day on which, in the opinion of the Secretary, the person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason.
Not applicable to certain people
"(2) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
What constitutes sufficient reason
"(3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if, and only if, the person:
(a) moves to accompany a parent who changes his or her residence; or
(b) moves to live with a family member who has already established his or her residence in that place of residence; or
(c) moves to live near a family member who has already established residence in the same area; or
(d) satisfies the Secretary that the move is necessary for the purpose of treating or alleviating a physical disease or illness suffered by the person or by a family member.
Note: For 'family member' see subsection 23(1) of the Social Security Act.
Liquid assets test waiting period
Definitions
"72.(1) In this section:
'liquid assets', in relation to a person, means the person's cash and readily realisable assets, and includes:
(a) the person's shares in, and debentures issued by, a public company within the meaning of the Corporations Law; and
(b) amounts deposited with, or otherwise lent to, a bank or other financial institution by the person (whether or not the amount can be withdrawn or repaid immediately); and
(c) amounts due, and able to be paid, to the person by, or on behalf of, a former employer of the person;
but does not include an amount that is an eligible termination payment for the purposes of Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act;
'maximum reserve', in relation to a person, means:
(a) if the person is not a member of a couple and does not have a dependent child—$5,000; or
(b) in any other case—$10,000.
Liquid assets
"(2) For the purposes of this Part, a person's liquid assets are taken to include:
(a) the liquid assets of the person's partner; and
(b) the liquid assets of the person and the person's partner.
Transfer taken not to have occurred
"(3) If:
(a) during the 4 weeks immediately before a person claims youth training allowance, the person or the person's partner transfers liquid assets to a person of any age who is the natural or adopted child of the person or the partner; and
(b) either:
(i) the person transferring receives no consideration or inadequate consideration, in money or money's worth, for the transfer; or
(ii) the Secretary is satisfied that the purpose, or the dominant purpose, of the transfer was to enable the claimant to obtain youth training allowance;
then the transfer is taken, for the purposes of this section, not to have occurred.
Liquid assets test
"(4) Subject to subsections (10), (11), (12) and (13), 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 unemployed; or
(ii) the day on which the person claims a youth training allowance; and
(b) the person is not a transferee to a youth training allowance;
the person is not qualified for a youth training allowance for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period.
Note 1: For 'transferee to a youth training allowance' see section 61.
Note 2: For 'served the liquid assets test waiting period' see subsection (14).
Waiting period
"(5) The liquid assets test waiting period in relation to the claim lasts for 4 weeks.
Operation of subsections (7) and (8)
"(6) Subsection (7) applies for the purpose of determining, at a time before 20 March 1995, when a liquid assets test waiting period starts, and subsection (8) applies for the purpose of the making of such a determination on or after that date.
Start of waiting period before 20 March 1995
"(7) Subject to subsections (6) and (9) the liquid assets test waiting period in relation to the claim starts on the day on which the person becomes unemployed.
Start of waiting period on or after 20 March 1995
"(8) Subject to subsections (6) and (9), the liquid assets test waiting period in relation to the claim starts:
(a) if the person is not a member of a couple—on the day on which the person became unemployed; or
(b) if the person is a member of a couple—on the last occurring of the following days:
(i) the day on which the person became unemployed;
(ii) if, when the claim is made, the person's partner is unemployed—the day on which the person's partner became unemployed;
(iii) if, when the claim is made, the person's partner is incapacitated for work—the day on which the person's partner became incapacitated for work.
Effect of incapacity for work
"(9) If:
(a) a person becomes incapacitated for work; and
(b) because of section 676 (sickness allowance liquid assets test disqualification) of the Social Security Act, the person is not qualified for sickness allowance during the period of 4 weeks that starts on the day on which the person becomes incapacitated for work; and
(c) within that period of 4 weeks:
(i) the person ceases to be incapacitated for work; and
(ii) the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed; and
(d) within 14 days after the day on which the person becomes so registered by the Commonwealth Employment Service, the person claims a youth training allowance;
the liquid assets test waiting period starts on the day on which the person becomes incapacitated for work.
Person serving liquid assets test waiting period
"(10) On or after 20 March 1995, subsection (4) does not apply to a person if, at any time during the 12 months before:
(a) the day on which the person becomes unemployed; or
(b) the day on which the person claims youth training allowance;
the person was serving a liquid assets test waiting period under this Part or the Social Security Act that started during that 12 months.
Waiver for disadvantage or hardship
"(11) If the Secretary is satisfied that the application of subsection (4) to a person will cause undue long term disadvantage or significant hardship to the person, the Secretary may:
(a) waive the application of that subsection to the person; and
(b) authorise the payment of a youth training allowance to the person.
No application to certain transferees to youth training allowance
"(12) Subsection (4) does not apply to a person if both of the following conditions apply:
(a) the person is a transferee to youth training allowance;
(b) the person claims the youth training allowance:
(i) within 14 days of the transfer day; or
(ii) if the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed within 14 days after the transfer day—within 14 days of the person becoming so registered or any further period that the Secretary considers reasonable.
Exemption
"(13) Subsection (4) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
Person taken to have served liquid assets test waiting period
"(14) A person who is subject to a liquid assets test waiting period for a youth training allowance is taken to have served the waiting period if, and only if:
(a) the waiting period has ended; and
(b) the person was, apart from this section, qualified for the allowance throughout so much of the waiting period as occurred after the claim for the allowance was made.
Registration by Commonwealth Employment Service
Certain people not required to be registered at Commonwealth Employment Service
"73.(1) The Secretary may decide that a person does not have to satisfy subparagraph 65(1)(g)(iv) (Commonwealth Employment Service registration) for a period if:
(a) the person was not registered as unemployed by the Commonwealth Employment Service during the period; and
(b) the Secretary is satisfied that there are circumstances beyond the person's control relating to the person's failure to be registered; and
(c) having regard to those circumstances, the Secretary is satisfied that the person's failure to be registered should be disregarded in respect of the period.
Period of registration for purposes of 12 month limit
"(2) If, because of subsection (1), a person does not have to satisfy subparagraph 65(1)(g)(iv) for a period, then, for the purposes of that subparagraph, the period is one for which the person is taken to be registered as required by that subparagraph.
Registration ceasing for less than 6 weeks
"(3) If a person:
(a) is registered by the Commonwealth Employment Service in an allowance category as being unemployed; and
(b) ceases for a period of not longer than 6 weeks to be registered by the Commonwealth Employment Service in an allowance category as being unemployed; and
(c) at the end of that period becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed;
then, for the purposes of subparagraph 65(1)(g)(iv), the person is taken to have been registered throughout that period by the Commonwealth Employment Service in an allowance category as being unemployed.
Prospective determinations for some claimants
"74. A person is qualified for youth training allowance in respect of a period, if:
(a) the person was, immediately before starting to receive youth training allowance, receiving:
(i) a social security benefit; or
(ii) a rehabilitation allowance instead of a social security benefit; and
(b) the last payment of that benefit or allowance was made in respect of a period that ended after the day on which the payment was made; and
(c) the person may, in the Secretary's opinion, reasonably be expected to satisfy the qualification requirements for youth training allowance (see sections 65 to 73) during the period.
"Subdivision B—Activity test
Activity test
Satisfaction of activity test
"75.(1) Subject to subsections (2) and (8), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is:
(a) actively seeking; and
(b) willing to undertake;
paid work, other than paid work that is unsuitable to be undertaken by the person.
Note 1: For situations in which a person is not required to satisfy the activity test see:
(a) section 76 (people attending training camp);
(b) section 77 (certain people engaged in voluntary work);
(c) section 78 (special circumstances).
Note 2: See subsections (8) to (11) on what paid work is unsuitable.
Requirement regarding job application
"(2) The Secretary may notify a person that the person must apply for a particular number of advertised job vacancies in the period stated in the notice.
Failure to comply
"(3) If the person fails to take reasonable steps to comply with the notice under subsection (2), the person is taken not to satisfy the activity test in respect of the period stated in the notice.
Note: See subsection (15) on taking reasonable steps.
Statement from employer
"(4) A person is taken to have applied for a job vacancy as required under the notice under subsection (2) only if the person gives the Secretary a written statement from the employer concerned that confirms that the person applied for the job vacancy.
Form of statement
"(5) The statement from the employer must be in a form approved by the Secretary.
Special circumstances
"(6) Subsection (4) does not apply to a person if the Secretary is satisfied that there are special circumstances in which it is not reasonable to expect the person to give the statement referred to in that subsection.
Participation in courses
"(7) A person also satisfies the activity test in respect of a period if the Secretary is of the opinion that, throughout the period, the person:
(a) should undertake particular paid work other than paid work that is unsuitable to be done by the person; or
(b) should:
(i ) undertake a course of vocational training; or
(ii) participate in a labour market program; or
(iii) participate in a rehabilitation program; or
(iv) participate in another course;
approved by the Secretary that is likely to:
(v) improve the person's prospects of obtaining suitable paid work; or
(vi) help the person in seeking suitable paid work; or
(c) if the person lives in an area where:
(i) there is no locally accessible labour market; and
(ii) there is no locally accessible vocational training course or labour market program;
should participate in an activity suggested by the person and approved by the Commonwealth Employment Service;
and, after the Secretary notifies the person that the person is required to act in accordance with the opinion, the person takes reasonable steps to comply, throughout the period, with the Secretary's requirement.
Note: See subsection (15) on taking reasonable steps.
Unsuitable work
"(8) For the purposes of subsection (1) and paragraph (7)(a), particular paid work is unsuitable for a person if, and only if, in the Secretary's opinion:
(a) the person lacks the particular skills, experience or qualifications that are needed to perform the work; or
(b) the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or
(c) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or
(d) the work would involve the person being self-employed; or
(e) the work would be covered by an industrial award but the employer would only employ the person if the person agreed to become a party to an agreement reducing or abolishing rights that the award confers on employees; or
(f) the work would not be covered by an industrial award and the remuneration for the work would be lower than the minimum applicable rate of remuneration for comparable work that is covered by an industrial award; or
(g) commuting between the person's home and the place of work would be unreasonably difficult; or
(h) for any other reason, the work is unsuitable for the person.
Commuting—unreasonable difficulty
"(9) For the purposes of paragraph (8)(g), commuting is not unreasonably difficult if:
(a) the sole or principal reason for the difficulty is that the commuting involves a journey, either from the person's home to the place of work or from the place of work to the person's home, that does not normally exceed 90 minutes in duration; or
(b) in the Secretary's opinion a substantial number of people living in the same area as the person regularly commute to their places of work in circumstances similar to those of the person.
"(10) Subsection (9) does not limit the Secretary's discretion to form the opinion that, for the purposes of paragraph (8)(g), commuting is not unreasonably difficult.
Remuneration for work
"(11) A reference in subsection (8) to remuneration for work is a reference to any income derived from the work that is income from personal exertion.
Note: For 'income from personal exertion' see subsection 8(1) of the Social Security Act.
Failure to take reasonable steps to comply with requirements
"(12) If a person fails to take reasonable steps to comply, throughout a period, with a requirement of the Secretary under subsection (7), the person cannot be taken to satisfy the activity test in respect of that period in spite of any compliance of the person with subsection (1).
Reasonable steps to comply with terms of Agreement
"(13) A person also satisfies the activity test in respect of a period if, throughout the period, the person is taking reasonable steps to comply with the terms of a Youth Training Activity Agreement between the Commonwealth Employment Service and the person.
Note: See subsection (15) on taking reasonable steps.
Failure to take reasonable steps to comply with terms of Agreement
"(14) If a person fails to take reasonable steps to comply, throughout a period, with the terms of a Youth Training Activity Agreement between the Commonwealth Employment Service and the person, the person cannot be taken to satisfy the activity test in respect of the period in spite of any compliance of the person with subsection (1).
Note: See subsection (15) on taking reasonable steps.
What are reasonable steps
"(15) For the purposes of this section, a person takes reasonable steps to comply with a notice under subsection (2), with a requirement of the Secretary under subsection (7) or with the terms of a Youth Training Activity Agreement (as the case requires) unless the person has failed so to comply and:
(a) the main reason for failing to comply involved a matter that was within the person's control; or
(b) the circumstances that prevented the person from complying were reasonably foreseeable by the person.
Relief from activity test—general
Relief from test for people attending training camps
"76.(1) A person is taken to satisfy the activity test in respect of a period when the person is attending a training camp as a member of:
(a) the Australian Naval Reserve; or
(b) the Naval Emergency Reserve Forces; or
(c) the Australian Army Reserve; or
(d) the Australian Airforce Reserve; or
(e) the Airforce Emergency Force; or
(f) the Army Individual Emergency Reserve.
Note: Subsection 65(5) relieves people attending these training camps from the requirement of being in Australia to qualify for youth training allowance.
Relief from test for certain people in remote areas
"(2) If the Secretary considers that:
(a) it would be reasonable to assume that, at the end of a period, a person is present in an area described in paragraph 75(7)(c); and
(b) it would also be reasonable to assume that the person is throughout the period:
(i) unemployed; and
(ii) capable of undertaking paid work that in the Secretary's opinion is suitable to be undertaken by the person; and
(iii) willing to undertake paid work that in the Secretary's opinion is suitable to be undertaken by the person; and
(c) having regard to all the relevant factors, including:
(i) the location of offices of the Department of Social Security; and
(ii) difficulties with transport and communication; and
(iii) the educational and cultural background of the person;
it would be unreasonable to expect the person to comply with the activity test in order to be qualified for youth training allowance for the period;
then, unless the person has been notified of a requirement under subsection 75(7) in relation to the period, the person is taken to satisfy the activity test during the period.
Note: For 'activity test' see section 75.
Relief from activity test—people engaged in voluntary work
Conditions for relief from activity test
"77.(1) Subject to subsections (2) and (3), a person is taken to satisfy the activity test in respect of a period if:
(a) on each day in the period the person is engaged in full-time voluntary work with an approved organisation; and
(b) the person has been a qualified beneficiary for at least 3 months immediately before the person starts working for the organisation.
Relief not to apply to certain days
"(2) Subsection (1) does not apply to a day if:
(a) there are already 30 days in the same calendar year on which the person is taken to satisfy the activity test because of subsection (1); or
(b) having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that subsection (1) should not apply in relation to the day.
Note 1: For 'approved organisation' see subsection 58(1).
Note 2: For 'activity test' see section 75.
"(3) Paragraph (1)(b) does not apply if:
(a) the person was employed by the organisation; and
(b) that employment ended on a day, but not later than 2 weeks after that day the person was engaged in full-time voluntary work for the organisation; and
(c) the person is a qualified beneficiary and was a qualified beneficiary immediately after the person started working for the organisation in such a full-time voluntary capacity.
Relief from activity test—special circumstances
Special circumstances
"78.(1) Subject to subsections (2) and (3), a person is not required to satisfy the activity test for a period if:
(a) the Secretary is satisfied that special circumstances, beyond the person's control, exist; and
(b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the activity test for that period.
Duration of period
(2) The period referred to in subsection (1) is not to be more than 13 weeks.
Duration where a number of determinations made
"(3) If:
(a) the Secretary makes a number of determinations under subsection (1); and
(b) the periods to which the determinations relate form a continuous period;
the continuous period is not to be more than 13 weeks.
"Subdivision C—Youth Training Activity Agreements
Youth Training Activity Agreements—requirement
Requirement to enter into Agreement
"79.(1) If a person is claiming or receiving a youth training allowance, the Secretary may require the person to enter into a Youth Training Activity Agreement.
Require to enter other agreement
"(2) The Secretary may require a person who has entered into a Youth Training Activity Agreement to enter into another such agreement instead of the existing one.
Notice of requirement
"(3) The Secretary is to give a person who is required to enter into a Youth Training Activity Agreement notice of:
(a) the requirement; and
(b) the places and times at which the agreement is to be negotiated.
Form of Agreement
"(4) A Youth Training Activity Agreement is a written agreement, in a form approved by the Secretary, with the Commonwealth Employment Service.
Youth Training Activity Agreements—terms
Approved activities
"80.(1) A Youth Training Activity Agreement with a person is to require the person to undertake one or more of the following activities approved by the Secretary:
(a) a job search;
(b) a vocational training course;
(c) training that would help in searching for work;
(d) paid work experience;
(e) measures designed to eliminate or reduce any disadvantage the person has in the labour market, other than measures compelling the person to work in return for payment of youth training allowance;
(f) subject to section 82, if the agreement is entered into on or after 20 March 1995—development of self-employment;
(g) subject to section 83, if the agreement is entered into on or after 20 March 1995—development of and/or participation in group enterprises or co-operative enterprises;
(h) participation in a labour market program conducted by the Commonwealth Employment Service;
(i) participation in a rehabilitation program;
(j) an activity proposed by the person (such as unpaid voluntary work proposed by the person).
Secretary's approval
"(2) The terms of an agreement (including the description of the activities that the person is to be required to undertake) are to be approved by the Secretary.
Secretary's considerations concerning approval of terms
"(3) In considering whether to approve the terms of an agreement with a person, the Secretary is to have regard to the person's capacity to comply with the proposed agreement and the person's needs.
Capacity to comply with agreement, and person's needs
"(4) In having regard to a person's capacity to comply with an agreement and the person's needs, the Secretary is to take into account:
(a) the person's education, experience, skills, age and physical condition; and
(b) the state of the labour market in the locality where the person resides; and
(c) the training opportunities available to the person; and
(d) any matters that the Secretary considers relevant in the circumstances.
Variation, suspension, cancellation and review
"(5) An agreement with a person:
(a) may be varied or suspended by the Secretary; and
(b) if another Youth Training Activity Agreement is made with the person—may be cancelled by the Secretary; and
(c) may be reviewed from time to time by the Secretary at the request of either party to the agreement.
Circumstances preventing or affecting compliance
"(6) The party to an agreement other than the Commonwealth Employment Service must tell the Secretary of any circumstances preventing or affecting the party's compliance with the agreement.
Youth Training Activity Agreements—failure to negotiate
Failure to enter agreement
"81.(1) If:
(a) a person has been given notice under subsection 79(3) of a requirement to enter into a Youth Training Activity Agreement; and
(b) the Secretary is satisfied, because of the person's failure to:
(i) attend the negotiation of the agreement; or
(ii) respond to correspondence about the agreement; or
(iii) agree to terms of the agreement proposed by the Commonwealth Employment Service;
or for any other reason, that the person is unreasonably delaying entering into the agreement:
then:
(c) the Secretary may give the person notice that the person is taken to have failed to enter the agreement; and
(d) if the notice is given—the person is taken to have so failed.
Note: Refusal to enter into an agreement disqualifies a person for youth training allowance (see section 65).
Form of notice
"(2) A notice under paragraph (1)(c) must:
(a) be in writing; and
(b) set out the reasons for the decision to give the notice; and
(c) include a statement describing the rights of the person to apply for the review of the decision.
Youth Training Activity Agreements—self-employment
Person previously received allowance
"82.(1) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any development of self-employment unless:
(a) at all times during the 6 months immediately before the undertaking of the activity the person has been, or will have been, receiving either of the following:
(i) a youth training allowance;
(ii) a job search allowance; and
(b) the Secretary is satisfied that the activity:
(i) will be commercially viable 12 months after the person begins the activity; and
(ii) is likely to provide the person with sustainable full-time employment that will provide the person with a level of income at least equivalent to the person's maximum basic rate worked out under MODULE B in Schedule 1.
Time limitation
"(2) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any development of self-employment if:
(a) the person is to undertake the activity for more than 12 months; or
(b) subject to subsection (3), the person has previously been subject to a requirement under that or any other Youth Training Activity Agreement to undertake the same activity or a similar activity; or
(c) at any time during the 6 months immediately before the time at which the activity is to start, the person has been subject to a requirement under that or any other Youth Training Activity Agreement or any Job Search Activity Agreement to undertake as an activity other development of self-employment.
Exception
"(3) Paragraph (2)(b) does not apply if the Secretary determines in writing that there are special circumstances that justify inclusion of the activity in the Youth Training Activity Agreement.
Certain activities excluded
"(4) This section does not apply to an activity to which a paragraph of subsection 80(1) other than paragraph 80(1)(f) or (g) applies.
Youth Training Activity Agreements—group enterprises and co-operative enterprises
Person previously received allowance, and activity will be commercially viable
"83.(1) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any development of a group enterprise or co-operative enterprise unless:
(a) at all times during the 6 months immediately before the undertaking of the activity the person has been, or will have been, receiving either of the following:
(i) a youth training allowance;
(ii) a job search allowance; and
(b) the Secretary is satisfied that the activity:
(i) will be commercially viable 12 months after the person begins the activity; and
(ii) is likely to provide the person with sustainable full-time employment that will provide the person with a level of income at least equivalent to the person's maximum basic rate worked out under MODULE B in Schedule 1.
Person previously received allowance, and activity will provide work experience
"(2) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any participation in a group enterprise or co-operative enterprise unless:
(a) at all times during the 6 months immediately before the undertaking of the activity the person has been, or will have been, receiving either of the following:
(i) a youth training allowance;
(ii) a job search allowance; and
(b) the Secretary is satisfied that the activity is likely to provide the person with skills, training or work experience that will help the person to obtain paid employment providing a level of income at least equal to the person's maximum basic rate worked out under MODULE B in Schedule 1.
Agreement not to require certain group activity
"(3) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any development of, or participation in, a group enterprise or co-operative enterprise if:
(a) the person is to undertake the activity for more than 12 months: or
(b) the person has previously been subject to a requirement under that or any other Youth Training Activity Agreement to undertake the same activity or a similar activity; or
(c) at any time during the 6 months immediately before the time at which the activity is to start, the person has been subject to a requirement under that or any other Youth Training Activity Agreement to undertake as an activity other development of, or participation in a group enterprise or co-operative enterprise.
Exception
"(4) This section does not apply to an activity to which a paragraph of subsection 80(1), other than paragraph 80(1)(f) or (g), applies.
Agreements entered into before 20 March 1995
"84. If a Youth Training Activity Agreement entered into before 20 March 1995 contains a requirement that, because of section 82 or 83. could not have lawfully been included in the agreement if it had been entered into on or after that date, then, on and after that date, the agreement is taken not to include the requirement.
"Subdivision D—Situations in which allowance not payable (general)
Youth training allowance not payable in certain circumstances
Relevant situations
"85.(1) A youth training allowance is not payable to a person for a period during which the person is qualified for youth training allowance if during that period:
(a) the person has not provided a tax file number for the person (see section 86) or for the person's partner (see section 87); or
(b) the person is a full-time student (see section 88); or
(c) another income support payment is being paid to the person (see section 89); or
(d) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 90); or
(e) the youth training allowance has not begun to be payable (see sections 92 and 137); or
(f) the person is subject to an unused annual leave waiting period and has not served that waiting period (see sections 93 to 95); or
(g) the person is subject to an ordinary waiting period and has not served that waiting period (see sections 96 and 97); or
(h) the person is subject to an education leavers waiting period and that period has not ended (see sections 98, 99 and 100); or
(i) the person is subject to a newly arrived residents waiting period and that period has not ended (see sections 101 and 102); or
(j) the person fails to comply with a requirement that the person:
(i) attend an office of the Department of Social Security or of the Commonwealth Employment Service; or
(ii) contact the Department of Social Security or the Commonwealth Employment Service; or
(iii) give information;
as required by section 114; or
(k) a period of non-payment has been imposed because the person had previously ceased to be qualified for youth training allowance for failure to satisfy the activity test (see section 103); or
(l) a period of non-payment has been imposed because the person had previously failed to comply with a requirement (see section 114) to:
(i) attend an office of the Department of Social Security or of the Commonwealth Employment Service; or
(ii) contact the Department of Social Security or the Commonwealth Employment Service; or
(iii) give information; or
(m) a period of non-payment has been imposed because:
(i) the person's unemployment is due to a voluntary act of the person (see section 106); or
(ii) the person's unemployment is due to misconduct by the person (see section 107); or
(iii) the person has refused an offer of employment (see section 108); or
(iv) the person failed to comply with notification requirements (see section 115); or
(v) the person had previously ceased to be qualified for youth training allowance because the person was not registered with the Commonwealth Employment Service in an allowance category as being unemployed (see section 120); or
(vi) the person is a seasonal worker (see section 121); or
(vii) the person moved to an area of lower employment prospects (see section 122); or
(n) the person is in gaol or undergoing psychiatric confinement (see section 123); or
(o) the person is subject to a compensation preclusion period (see Division 12).
Note 1: For 'serving of waiting period' see subsection 58(3).
Note 2: For 'allowance category' see subsection 58(2).
Allowance rate nil
"(2) A youth training allowance is not payable to a person if the person's youth training allowance rate would be nil.
Provision of tax file number
Person must provide tax file number or employment declaration
"86.(1) A youth training allowance is not payable to a person if:
(a) the person is requested under section 130 or 147 to:
(i) give the Secretary a written statement of the person's tax file number; or
(ii) 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).
Note 1: The Secretary can request a claimant for youth (raining allowance to quote the claimant's tax file number under section 130.
Note 2: The Secretary can request a recipient of youth training allowance to quote the recipient's tax file number under section 147.
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.
Provision of partner's tax file number
Member of couple must provide partner's tax file number or declaration
"87.(1) Subject to subsection (4), a youth training allowance is not payable to a person if:
(a) the person is a member of a couple; and
(b) the person is requested under section 131 or 148 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) A 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) A 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).
Full-time students
Allowance not payable to full-time student
"88.(1) Subject to subsection (2), a youth training allowance is not payable to a person who is enrolled in a full-time course of education or of vocational training for the period that:
(a) starts when the person starts the course; and
(b) finishes when the person:
(i) completes the course; or
(ii) abandons the course; or
(iii) gives notice to the provider of the course that the person wishes to withdraw from the course, or wishes to withdraw from such number of subjects that the person's course will no longer be a full-time course; and
(c) includes periods of vacation.
Periods when allowance payable to full-time student
"(2) Subsection (1) does not prevent a youth training allowance from being payable for any period during which:
(a) a person is enrolled in a course that the Secretary has required the person to undertake under subsection 75(7); or
(b) the person has deferred a course of education.
Multiple entitlement exclusion
Social security pension or benefit becoming payable
"89.(1) If:
(a) a person is receiving a youth training allowance; and
(b) a social security pension or a social security benefit becomes payable to the person;
a youth training allowance is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
Note 2: The expression 'social security pension' includes sheltered employment and rehabilitation allowances (see subsection 23(1) of the Social Security Act).
Note 3: For the day on which the youth training allowance ceases to be payable see section 151.
Person receiving payment under certain schemes
"(2) Subject to subsections (3) and (4), a youth training allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:
(a) a prescribed educational scheme, other than the ABSTUDY Tertiary Scheme to the extent that it applies to part-time students; or
(b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or
(c) a LEAP program.
Note 1: For 'prescribed educational scheme' see section 5 of the Social Security Act.
Note 2: For 'LEAP program' see subsection 23(1) of the Social Security Act.
Payment before person starts course of study
"(3) If:
(a) a person enrols in a full-time course of education; and
(b) a payment under a scheme referred to in subsection (2) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (2), youth training allowance is payable to the person for a period before the person starts the course.
Application made under AUSTUDY or ABSTUDY Schemes
"(4) If:
(a) a person enrols in a full-time course of education; and
(b) the course is to last for 6 months or more; and
(c) an application is made for a payment in respect of the person under:
(i) the AUSTUDY Scheme; or
(ii) the ABSTUDY Schooling Scheme; or
(iii) the ABSTUDY Tertiary Scheme; and
(d) the person was receiving youth training allowance immediately before the start of the course;
the Secretary may decide that, in spite of subsection (2), youth training allowance is payable to the person until:
(e) the application is determined; or
(f) the end of the period of 3 weeks beginning on the day on which the course starts;
whichever happens first.
Commonwealth funded employment program exclusion
"90. A youth training allowance is not payable to a person for a period if the person has received, or may receive, income for that period 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 58(1).
Provisional commencement day
Day when person claims benefit
"91.(1) Subject to subsections (2), (3), (4) and (5), a person's provisional commencement day is the day on which the person claims a youth training allowance.
Initial incorrect or inappropriate claim followed by claim for youth training allowance
"(2) If:
(a) the person makes a claim (the 'initial claim') for:
(i) a social security pension, a service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under an Act other than this Act or the Social Security Act, or under a program administered by the Commonwealth, that is similar in character to a youth training allowance; and
(b) on the day on which the person makes the initial claim, the person is qualified for youth training allowance; and
(c) the person afterwards makes a claim for youth training allowance; 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, subject to subsections (3), (4) and (5), the day on which the person made the initial claim.
Claim within 14 days of Commonwealth Employment Service registration
"(3) If:
(a) a person is not a transferee to youth training allowance; and
(b) the person is not subject to an education leavers waiting period (see subsection 98(1)); and
(c) the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed; and
(d) the day that would be the person's provisional commencement day under subsections (1) and (2) occurs:
(i) within 14 days after becoming so registered by the Commonwealth Employment Service; or
(ii) within a further period after becoming so registered by the Commonwealth Employment Service that the Secretary considers reasonable;
the person's provisional commencement day is the day on which the person became registered by the Commonwealth Employment Service.
Education leavers who claim within 14 days of Commonwealth Employment Service registration
"(4) If:
(a) a person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed; and
(b) the person is subject to an education leavers waiting period (see subsection 98(1));
the person's provisional commencement day is:
(c) if the person becomes so registered by the Commonwealth Employment Service before stopping the course, and the day that would be the person's provisional commencement day under subsections (1) and (2) occurs:
(i) within 14 days after stopping the course; or
(ii) within any further period after stopping the course that the Secretary considers reasonable;
the day after the last day on which the person was undertaking the course; or
(d) if the person becomes so registered by the Commonwealth Employment Service after stopping the course, and the day that would be the person's provisional commencement day under subsections (1) and (2) occurs:
(i) within 14 days after becoming so registered by the Commonwealth Employment Service; or
(ii) within any further period after becoming so registered by the Commonwealth Employment Service that the Secretary considers reasonable;
the day on which the person became so registered by the Commonwealth Employment Service.
Transferees
"(5) If a person is a transferee to youth training allowance and:
(a) the person claims the youth training allowance within 14 days after the transfer day; or
(b) both of the following subparagraphs are satisfied:
(i) the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed within 14 days after the transfer day; and
(ii) the day that would be the person's provisional commencement day under subsections (1) and (2) occurs within 14 days after the person becomes so registered by the Commonwealth Employment Service or within any further period that the Secretary considers reasonable;
the person's provisional commencement day is the person's transfer day.
Claim resulting from a major disaster
"(6) If a person:
(a) claims a disaster relief payment under the Social Security Act; and
(b) is qualified for the payment; and
(c) as a result of the major disaster to which the payment relates, claims youth training allowance 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.
Note 1: For 'transferee to a youth training allowance' and 'transfer day' see section 61.
Note 2: For 'allowance category' see subsection 58(2).
Start of youth training allowance
"92. A youth training allowance is not payable to a person who is qualified for the allowance before:
(a) if the person is not subject to a waiting period—the person's provisional commencement day; or
(b) if the person is subject to one waiting period only—the first day after the end of that waiting period; or
(c) if the person is subject to more than one waiting period—the first day after all of the waiting periods have ended.
Note 1: For 'provisional commencement day' see section 91.
Note 2: A waiting period is:
(a) an unused annual leave waiting period (see sections 93, 94 and 95); or
(b) an ordinary waiting period (see sections 96 and 97); or
(c) an education leavers waiting period (see sections 98, 99 and 100); or
(d) a newly arrived residents waiting period (see sections 101 and 102).
Note 3: If the person:
(a) is subject to an unused annual leave waiting period; and
(b) is subject to an ordinary waiting period;
the ordinary waiting period will follow the unused annual leave waiting period (see subsection 97(2)).
Note 4: If the person is subject to an education leavers waiting period and another waiting period, the education leavers waiting period runs concurrently with the other waiting period and the youth training allowance will not be payable until the longest waiting period has ended.
Note 5: If the person is subject to a newly arrived residents waiting period and another waiting period, the newly arrived residents waiting period runs concurrently with the other waiting period and the youth training allowance will not be payable until the longest waiting period has ended.
"Subdivision E—Situations in which allowance not payable (waiting periods)
Unused annual leave waiting period
Person subject to unused annual leave waiting period
"93.(1) Subject to subsections (2), (3) and (4), a person is subject to an unused annual leave waiting period if:
(a) when the person became unemployed, the person became entitled to receive a payment for unused annual leave; and
(b) the person's provisional commencement day occurs within the notional leave period.
No application to certain transferees
"(2) Subsection (1) does not apply to a person if both of the following conditions apply:
(a) the person is a transferee to youth training allowance;
(b) the person claims the youth training allowance:
(i) within 14 days after the transfer day; or
(ii) if the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed within 14 days after the transfer day—within 14 days after the day on which the person became so registered or any further period that the Secretary considers reasonable.
No application to certain people who become qualified for youth training allowance
"(3) Subsection (1) does not apply to a person who becomes qualified for a youth training allowance at the end of a period for which, under subsection 73(3), the person is taken to have been registered by the Commonwealth Employment Service in an allowance category as being unemployed (non-registration up to 6 weeks).
Exemption
"(4) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
Note 1: For 'unused annual leave' see section 23 of the Social Security Act.
Note 2: For 'notional leave period' see section 94.
Note 3: For 'provisional commencement day' see section 91.
Notional leave period
Definition of 'notional leave period'
"94.(1) A person's notional leave period is the period that:
(a) starts on the day after the day on which the person's employment has ended; and
(b) runs for the number of days for which the person has unused annual leave as worked out under subsections (2) and (3).
Method of working out unused annual leave
"(2) Subject to subsection (3), the number of days for which the person has unused annual leave is worked out as follows:
(a) if the period of unused annual leave is expressed in weeks—multiply by 7 the number of weeks (including fractions of weeks) in the period of unused annual leave and disregard any fraction that results;
(b) in any other case—multiply by 7 the number of working weeks (including any fractions of a working week) represented by the period of unused annual leave and disregard any fraction that results.
Maximum unused annual leave
"(3) The number of days for which a person has unused annual leave cannot be more than 28 days.
Duration of unused annual leave waiting period
"95. A person's unused annual leave waiting period starts on the day after the day on which the person's employment has ended and finishes on the last day of the notional leave period.
Note 1: For 'notional leave period' see section 94.
Note 2: An unused annual leave waiting period may apply to a person whether or not the person is subject to an ordinary waiting period. If the person is subject to an ordinary waiting period, that period will start after the unused annual leave waiting period (see subsection 97(2)).
Note 3: For 'provisional commencement day' see section 91.
Ordinary waiting period
"96. A person is subject to an ordinary waiting period unless:
(a) at some time in the 13 weeks immediately before the person's provisional commencement day, the person received:
(i) a youth training allowance; or
(ii) a social security benefit; or
(iii) a social security pension; or
(iv) a service pension; or
(b) the person:
(i) has started formal vocational training in a labour market program approved by the Secretary or has started a rehabilitation program approved by the Secretary; and
(ii) has been exempted from the application of this section by the Secretary; or
(c) the person is a member of a couple and the person's partner dies; or
(d) the Secretary is satisfied that the person would suffer severe financial hardship if the person were subject to the ordinary waiting period; or
(e) the following conditions apply:
(i) the person undertakes a LEAP program;
(ii) immediately before undertaking the program, the person was receiving a social security pension, a social security benefit or a youth training allowance;
(iii) the person completes the program;
(iv) immediately after completing the program, the person is qualified for youth training allowance;
(v) the person claims youth training allowance within 14 days after the day on which the person completes the program.
Note 1: For 'provisional commencement day' see section 91.
Note 2: For 'social security benefit' see subsection 23(1) of the Social Security Act.
Note 3: For 'social security pension' see subsection 23(1) of the Social Security Act.
Note 4: For 'service pension' see subsection 23(1) of the Social Security Act.
Note 5: For 'LEAP program' see subsection 23(1) of the Social Security Act.
Duration of ordinary waiting period
No unused annual leave waiting period
"97.(1) If a person:
(a) is subject to an ordinary waiting period; and
(b) is not subject to an unused annual leave waiting period; and
(c) is not disqualified for youth training allowance under section 72 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the person's provisional commencement day.
Note 1: For 'provisional commencement day' see section 91.
Note 2: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the ordinary waiting period.
Note 3: If the person is subject to a newly arrived residents waiting period, the newly arrived residents waiting period runs concurrently with the ordinary waiting period.
Unused annual leave waiting period
"(2) If a person:
(a) is subject to an ordinary waiting period; and
(b) is subject to an unused annual leave waiting period; and
(c) is not disqualified for youth training allowance under section 72 (liquid assets test)
the ordinary waiting period is the period of 7 days that starts on the day after the day on which the person's unused annual leave waiting period ends.
Note 1: If the person is subject to an education leavers wailing period, the education leavers waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period.
Note 2: If the person is subject to a newly arrived residents waiting period, the newly arrived residents waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period.
Day on which liquid assets test waiting period ends
"(3) If a person:
(a) is subject to an ordinary waiting period; and
(b) is disqualified for youth training allowance under section 72 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the day after the end of the liquid assets waiting period.
Education leavers waiting period
People subject to waiting period
"98.(1) Subject to subsections (2), (3), (4) and (5), a person is subject to an education leavers waiting period if the person:
(a) was undertaking a full-time course of education of at least 6 months duration; and
(b) has stopped the course; and
(c) immediately before stopping the course, was not receiving:
(i) a social security pension; or
(ii) a social security benefit; and
(d) has a provisional commencement day within 6 months after stopping the course; and
(e) is not covered by subsection (6); and
(f) is not covered by subsection (7) (people otherwise qualified for special benefit).
People not subject to waiting period
"(2) Subsection (1) does not apply to a person if both of the following conditions apply:
(a) the person is a transferee to youth training allowance;
(b) the person claims the youth training allowance:
(i) within 14 days after the transfer day; or
(ii) if the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed within 14 days after the transfer day—within 14 days after the day on which the person became so registered or any further period that the Secretary considers reasonable.
No application to certain transferees to youth training allowance
"(3) Subsection (1) does not apply to a person who becomes qualified for a youth training allowance at the end of a period for which, under subsection 73(3), the person is taken to have been registered by the Commonwealth Employment Service in an allowance category as being unemployed (non-registration up to 6 weeks).
No application to certain people who become qualified for youth training allowance
"(4) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
Note: For 'provisional commencement day' see section 91.
People returning to income support
"(5) Subsection (1) does not apply to a person if:
(a) the person is receiving a social security pension or social security benefit; and
(b) the person stops receiving the pension or benefit on a particular day (the 'termination day'); and
(c) the person undertakes a full-time course of education of at least 6 months duration; and
(d) the person stops the course; and
(e) the person's provisional commencement day is within 12 months after the termination day.
Note 1: For 'social security benefit' see subsection 23(1) of the Social Security Act.
Note 2: For 'social security pension' see subsection 23(1) of the Social Security Act.
Note 3: For 'provisional commencement day' see section 91.
No education leavers waiting period in some cases if already served
"(6) A person who would otherwise be subject to an education leavers waiting period in relation to youth training allowance is not subject to such a period if:
(a) the person had previously been subject to an education leavers waiting period under this Part or the Social Security Act; and
(b) a youth training allowance had been payable to the person continuously from the end of the education leavers waiting period until immediately before the person started the course; and
(c) the person's provisional commencement day is within 4 weeks after starting the course.
Note 1: For 'provisional commencement day' see section 91.
Note 2: For 'education leavers waiting period' see subsection 58(1).
People otherwise qualified for special benefit
" (7) A person is not subject to an education leavers waiting period if the Secretary is satisfied that special benefit under Part 2.15 of the Social Security Act would be payable to the person during the waiting period if the person were subject to the waiting period.
Note: For "education leavers waiting period' see subsection 58(1).
Duration of education leavers waiting period—non-secondary school leavers
People covered by this section
"99.(1) This section applies to a person unless section 100 (secondary school leavers) applies to the person.
General rule
"(2) Subject to this section, the education leavers waiting period starts on the person's provisional commencement day and lasts for:
(a) 13 weeks if, on the person's provisional commencement day, the person:
(i) is not a member of a couple; and
(ii) does not have a dependent child; or
(b) 6 weeks if, on the person's provisional commencement day, the person:
(i) is a member of a couple; or
(ii) has a dependent child.
Note 1: The duration of the education leavers waiting period may be modified by:
(a) subsections (3) and (4) (change of status during waiting period);
(b) subsection (6) (periods of employment or periods on special benefit);
(c) subsections (7) and (8) (periods of part-time employment);
(d) subsection (10) (previous periods of non-payment because of education leavers waiting period);
(e) subsection (11) (6 months ceiling).
Note 2: For 'provisional commencement day' see section 91.
Change of status in first 6 weeks
"(3) Subject to subsection (5), if:
(a) a person who is covered by paragraph (2)(a) becomes a member of a couple; or
(b) a person becomes a dependent child of someone who is covered by paragraph (2)(a);
within 6 weeks from and including the person's provisional commencement day, the education leavers waiting period starts on the person's provisional commencement day and lasts for 6 weeks.
Note: For 'provisional commencement day' see section 91.
Change of status after 6 weeks
"(4) Subject to subsection (5), if:
(a) a person who is covered by paragraph (2)(a) becomes a member of a couple; or
(b) a person becomes a dependent child of someone who is covered by paragraph (2)(a);
in the period:
(c) starting at the end of 6 weeks from the person's provisional commencement day; and
(d) lasting for 6 weeks;
the education leavers waiting period starts on the person's provisional commencement day and ends on the day before the day on which the person is first covered by paragraph (a) or (b).
Note: For 'provisional commencement day' see section 91.
Notification required
"(5) For the purposes of subsections (3) and (4):
(a) a person is not taken to have become a member of a couple; and
(b) a person is not taken to have become a dependent child of someone: until the person tells the Department of Social Security that this is the case.
Reduction of waiting period for periods of full-time employment or special benefit
"(6) The waiting period imposed by subsection (2) or (3) is to be reduced by a period equivalent to:
(a) if the person is subject to a 13 week education leavers waiting period—any period during which the person was employed on a full-time basis after stopping the course; and
(b) if the person is subject to a 6 week education leavers waiting period—any period during which the person has been employed, at any time, on a full-time basis; and
(c) any period during which the person was paid special benefit under Part 2.15 of the Social Security Act after stopping the course.
Reduction of waiting period for periods of part-time work
"(7) The waiting period imposed by subsection (2) or (3) is reduced for the period worked out under subsection (8) if the person has had at least 35 hours of part-time work.
Note: For "part-time work' see subsection (12).
Calculation of part-time work reduction
"(8) If subsection (7) applies to the person, the waiting period reduction is:
(a) one week for the first 35 hours of part-time work the person has had; and
(b) one day for each complete additional 7 hours of part-time work the person has had.
Date of part-time work
"(9) If the person is subject to a 13 week education leavers waiting period, only part-time work that the person has had since stopping the course of education is to be taken into account for the purposes of subsections (7) and (8).
Reduction of education leavers waiting period where already partially served
"(10) If:
(a) a person is subject to an education leavers waiting period; and
(b) the person started the course concerned at a time when a job search allowance, a youth training allowance or sickness allowance was not payable to the person because of an education leavers waiting period under this Part or the Social Security Act; and
(c) the person's provisional commencement day is within 4 weeks after the person started the course concerned;
the duration of the first-mentioned education leavers waiting period is reduced by the number of days of the previous education leavers waiting period that the person had served immediately before starting the course.
Note 1: For 'provisional commencement day' see section 91.
Note 2: For 'education leavers waiting period' see section 98.
Period not to extend beyond 6 months after end of course
"(11) An education leavers waiting period that applies in respect of a course of study undertaken by a person is not to extend more than 6 months after the person has stopped the course.
Interpretation
"(12) In this section:
'part-time work' means work engaged in otherwise than on a full-time basis and includes such work engaged in on a casual basis.
Duration of education leavers waiting period—secondary school leavers
People covered by this section
"100.(1) This section applies to a person if the course of education that the person stops is a full-time course of education at a secondary school.
General rule
"(2) Subject to this section, the education leavers waiting period starts on the person's waiting period start day and lasts for:
(a) 13 weeks if, on that day, the person:
(i) is not a member of a couple; and
(ii) does not have a dependent child; or
(b) 6 weeks if, on that day, the person:
(i) is a member of a couple; or
(ii) has a dependent child.
Note 1: The duration of the education leavers waiting period may be modified by:
(a) subsections (3) and (4) (change of status during waiting period);
(b) subsection (6) (15 February cut-off);
(c) subsection (7) (periods of full-time employment or periods on special benefit);
(d) subsections (8) and (9) (periods of part-time employment);
(e) subsection (11) (previous periods of non-payment because of education leavers waiting period).
Note 2: For 'waiting period start day' see subsection (12).
Change of status in first 6 weeks
"(3) Subject to subsection (5), if:
(a) a person who is covered by paragraph (2)(a) becomes a member of a couple; or
(b) a person becomes a dependent child of someone who is covered by paragraph (2)(a);
within 6 weeks from and including the person's waiting period start day, the education leavers waiting period starts on the person's waiting period start day and lasts for 6 weeks.
Note: For 'waiting period start day' see subsection (12).
Change of status after 6 weeks
"(4) Subject to subsection (5), if:
(a) a person who is covered by paragraph (2)(a) becomes a member of a couple; or
(b) a person becomes a dependent child of someone who is covered by paragraph (2)(a);
in the period:
(c) starting at the end of 6 weeks from the person's waiting period start day; and
(d) lasting for 6 weeks;
the education leavers waiting period starts on the person's waiting period start day and ends on the day before the day on which the person is first covered by paragraph (a) or (b).
Note: For 'waiting period start day' see subsection (12).
Notification required
"(5) For the purposes of subsections (3) and (4):
(a) a person is not taken to have become a member of a couple; and
(b) a person is not taken to have become a dependent child of someone; until the person tells the Department of Social Security that this is the case.
Waiting period to end on 15 February
"(6) If, apart from this subsection, a person's education leavers waiting period would end later than 15 February next after the person's waiting period start day, then the waiting period ends on that 15 February.
Reduction of waiting period for periods of special benefit and full-time employment
"(7) The waiting period imposed by subsection (2) or (3) is reduced by a period equivalent to:
(a) if the person is subject to a 13 week education leavers waiting period —any period during which the person was employed on a full-time basis after stopping the course; and
(b) if the person is subject to a 6 week education leavers waiting period—any period during which the person has been employed, at any time, on a full-time basis; and
(c) any period during which the person was paid special benefit under Part 2.15 of the Social Security Act after stopping the course.
Reduction of waiting period for periods of part-time work
"(8) The waiting period imposed by subsection (2) or (3) is reduced for the period worked out under subsection (9) if the person has had at least 35 hours of part-time work.
Note: For 'part-time work' see subsection (12).
Calculation of part-time work reduction
"(9) If subsection (8) applies to the person, the waiting period reduction is:
(a) one week for the first 35 hours of part-time work the person has had; and
(b) one day for each complete additional 7 hours of part-time work the person has had.
Date of part-time work
"(10) If the person is subject to a 13 week education leavers waiting period, only part-time work that the person has had since stopping the course of education is taken into account for the purposes of subsections (8) and (9).
Reduction of education leavers waiting period if already partially served
"(11) If:
(a) a person is subject to an education leavers waiting period; and
(b) the person started the course concerned at the time when a job search allowance, a youth training allowance or sickness allowance was not payable to the person because of an education leavers waiting period under this Part or the Social Security Act; and
(c) the person's provisional commencement day is within 4 weeks after the person started the course concerned;
the duration of the first-mentioned education leavers waiting period is reduced by the number of days of the previous education leavers waiting period that the person had served immediately before starting the course.
Note 1: For 'provisional commencement day' see section 91.
Note 2: For 'education leavers waiting period' see section 98.
Interpretation
"(12) In this section:
'part-time work' means work engaged in otherwise than on a full-time basis and includes such work engaged in on a casual basis;
'waiting period start day', in relation to a person, means the day after the day on which the person stops a full-time course of education at a secondary school.
Newly arrived residents waiting period
Application
"101.(1) Subject to this section, a person who:
(a) has entered Australia on or after 1 January 1993; and
(b) holds a permanent visa;
is subject to a newly arrived residents waiting period.
Note: For 'holder' and 'permanent visa' see subsection 7(1) of the Social Security Act.
Person holding visa
"(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a youth training allowance.
Person holding entry permit
"(3) Subsection (1) does not apply to a person:
(a) if, immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or
(b) if:
(i) immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period ('permit period') of less than 26 weeks; and
(ii) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
(iii) the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.
Note: For "designated temporary entry permit' see subsection 7(1) of the Social Security Act.
Partner an Australian resident
"(4) Subsection (1) does not apply to a person if:
(a) the person was a member of a couple immediately before entering Australia; and
(b) the person's partner had been an Australian resident for at least 26 weeks when the person entered Australia.
Note: For "Australian resident' see subsection 7(2) of the Social Security Act.
Person already subject to waiting period
"(5) Subsection (1) does not apply to a person if:
(a) the person has already served a newly arrived residents waiting period under this Part or a newly arrived resident's waiting period under the Social Security Act; or
(b) the person:
(i) has previously entered Australia; and
(ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person's last departure from Australia.
Note: For newly arrived resident's waiting period under the Social Security Act see subsection 23(1) of that Act.
Duration of newly arrived residents waiting period
Start of period
"102.(1) If a person is subject to a newly arrived residents waiting period, the period starts on the day on which the person's permanent visa comes into force and ends on the day worked out under subsection (2) or (3).
Duration—temporary entry permit holders
"(2) If:
(a) immediately before 1 September 1994, the person held a valid designated temporary entry permit; and
(b) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
(c) that temporary visa was in force immediately before the person was granted his or her permanent visa;
the newly arrived residents waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.
Note: For 'designated temporary entry permit' see subsection 7(1) of the Social Security Act.
Duration—other people
"(3) If subsection (2) does not apply, the newly arrived residents waiting period ends 26 weeks after the day on which the person was granted his or her permanent visa.
"Subdivision F—Situations in which allowance not payable (activity test breaches)
Removal from allowance for failure to satisfy activity test
Failure to satisfy activity test
"103.(1) Subject to subsection (2), a youth training allowance is not payable to a person for the activity test deferment period if:
(a) the person is required to satisfy the activity test in order to qualify, or to continue to qualify, for a youth training allowance; and
(b) the person fails to satisfy the activity test.
Exemption for person in labour market or rehabilitation program
"(2) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods.
Removal from allowance for failure to enter into activity agreement
Failure to enter into activity agreement
"104.(1) Subject to subsections (2) and (3), a youth training allowance is not payable to a person for the activity test deferment period if:
(a) the person is required to enter into a Youth Training Activity Agreement in order to qualify, or to continue to qualify, for the youth training allowance; and
(b) the person fails to enter into a Youth Training Activity Agreement.
Exemption for person in labour market or rehabilitation program
"(2) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
Exemption for person referred to case manager
"(3) Subsection (1) does not apply to a person who:
(a) has been referred to a case manager under Part 4.3 of the Employment Services Act 1994; and
(b) has been exempted from the application of that subsection by the Secretary.
Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods.
Removal from allowance for failure to comply with activity agreement
Failure to comply with activity agreement
"105.(1) Subject to subsections (2) and (3), a youth training allowance is not payable to a person for the activity test deferment period if:
(a) the person is required to take reasonable steps to comply with the terms of a Youth Training Activity Agreement in order to qualify, or to continue to qualify, for a youth training allowance; and
(b) the person fails to take reasonable steps to comply with the terms of a Youth Training Activity Agreement.
Exemption for person in labour market or rehabilitation program
"(2) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
Exemption for person referred to case manager
"(3) Subsection (1) does not apply to a person who:
(a) has been referred to a case manager under Part 4.3 of the Employment Services Act 1994; and
(b) has been exempted from the application of that subsection by the Secretary.
Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods.
Unemployment due to voluntary act
"106. If:
(a) a person's unemployment is due, either directly or indirectly, to a voluntary act of the person; and
(b) the voluntary act was without sufficient reason;
a youth training allowance is not payable to the person for the activity test deferment period.
Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods.
Unemployment due to misconduct
"107. If a person's unemployment is due to the person's misconduct as a worker, a youth training allowance is not payable to the person for the activity test deferment period.
Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods.
Refusal of offer of employment
"108. If a person has refused or failed, without sufficient reason, to accept a suitable offer of employment, a youth training allowance is not payable to the person for the activity test deferment period.
Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods.
Activity test deferment periods
Period in ordinary circumstances
"109.(1) Subject to subsections (2) and (3), if a youth training allowance automatic deferment provision of this Subdivision applies to a person, the deferment period that applies to the person is:
(a) if, at the time the provision begins to apply, the person's unemployment duration is less than 12 months—2 weeks; or
(b) if, at that time, the person's unemployment duration is 12 months or more, but is less than 18 months—4 weeks; or
(c) if, at that time, the person's unemployment duration is 18 months or more—6 weeks.
Note: For 'youth training allowance automatic deferment provision' see section 58.
If more than one previous activity test deferment period
"(2) Subject to subsections (3), (4) and (5), if:
(a) a youth training allowance automatic deferment provision of this Subdivision applies to a person at a particular time; and
(b) one or more activity test deferment periods had applied to the person within the period of 3 years before that time;
the deferment period is 6 weeks plus:
(c) in respect of a period (if any) referred to in paragraph (b) of this subsection that was fixed under subsection (1), the number of weeks fixed under that subsection; and
(d) in respect of each other period (if any) referred to in that paragraph, a further 6 weeks.
Note: For activity breach deferment provision' see section 58.
If previous administrative breach deferment period
"(3) If:
(a) a youth training allowance automatic deferment provision of this Subdivision applies to a person at a particular time; and
(b) one or more administrative breach deferment periods had applied to the person within the period of 3 years before that time;
the deferment period worked out under subsection (1) or (2) is increased, in respect of each administrative breach deferment period, by:
(c) if the administrative breach deferment period was worked out under subsection 116(1)—2 weeks; or
(d) if it was worked out under subsection 116(2)—4 weeks; or
(e) if it was worked out under subsection 116(3)—6 weeks.
Note: For administrative breach deferment provision' see section 58.
Deferment period before 4 July 1994
"(4) If:
(a) a period referred to in paragraph (2)(d) relates to an application of an automatic deferment provision before 4 July 1994; and
(b) that period had been a period of 2 weeks;
the number of weeks referred to in that paragraph in respect of that period is taken to be 2.
Note: For 'automatic deferment provision' see section 58.
If previous automatic deferment period
"(5) If:
(a) a period referred to in paragraph (2)(d) relates to an application of an automatic deferment provision before 4 July 1994; and
(b) the number of weeks in that period had been worked out under the provision by taking into account one previous application of that or any other automatic deferment provision;
the number of weeks referred to in that paragraph in respect of that period is taken to be 4.
Note: For 'automatic deferment provision' see section 58.
Unemployment duration
"(6) A reference in subsection (1) to a person's unemployment duration is a reference to the period during which the person has been continuously receiving a youth training allowance.
Resumption of allowance after less than 6 weeks
"(7) For the purposes of subsection (6), if the person:
(a) is receiving a youth training allowance; and
(b) ceases for a period of not longer than 6 weeks to receive the allowance; and
(c) at the end of that period begins to receive the allowance again;
the person is taken to have been continuously receiving the allowance during that period.
Resumption of allowance after deferment
"(8) For the purposes of subsection (6), if the person:
(a) is receiving a youth training allowance; and
(b) as a result of the application of an automatic deferment provision or a discretionary deferment provision, ceases for a period to receive the allowance; and
(c) at the end of that period begins to receive the allowance again;
the person is taken to have been continuously receiving the allowance during that period.
Note: For 'automatic deferment provision' and 'discretionary deferment provision' see section 58.
Start of activity test deferment periods
Notice of start of period
"110.(1) Subject to subsection 111(2), if a youth training allowance automatic deferment provision of this Subdivision applies to a person, the Secretary must give the person a written notice telling the person of the start of the activity test deferment period that applies to the person.
When period starts
"(2) Subject to subsections (3) and (6) and sections 111 and 112, the activity test deferment period starts on the day on which the notice is given to the person.
If pre-existing deferment period
"(3) Subject to sections 111 and 112, if, at the time of the application of the automatic deferment provision, the person is already subject to a deferment period (the 'pre-existing deferment period') that has not yet ended, the activity test deferment period referred to in subsection (1) starts on the day after the day on which the pre-existing deferment period ends.
More than one pre-existing deferment period
"(4) If, at the time of the application of the automatic deferment provision, the person is already subject to more than one pre-existing deferment period that has not yet ended, the reference in subsection (3) to the day on which the pre-existing deferment period ends is a reference to the day on which the last occurring of those pre-existing deferment periods ends.
Application of subsections (3) and (4)
"(5) Subsections (3) and (4) apply in respect of a pre-existing deferment period whether or not it has started, and whether or not it is the subject of a notice under this section.
Youth training allowance ceasing to be payable
"(6) Subject to sections 111 and 112, if:
(a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have started, youth training allowance ceases to be payable to the person; and
(b) it has not ceased to be payable because of the application of a deferment period;
the activity test deferment period referred to in subsection (1) starts on the day on which the youth training allowance ceases to be payable to the person.
Note: For "activity test deferment period', "youth training allowance automatic deferment provision' and "deferment period' see subsection 58(1).
Application of activity test deferment periods before claims for youth training allowance
If automatic deferment period applies
"111.(1) Subject to subsection (2) and section 112, if:
(a) at a time when a person was not qualified for a youth training allowance, an event occurred that resulted in a youth training allowance automatic deferment provision of this Subdivision applying to the person; and
(b) before the end of the resulting activity test deferment period that would have applied to the person (assuming that the deferment period started on the day on which the event occurred), the person made a claim for a youth training allowance;
the deferment period is taken to have started on the day after the day on which the event occurred.
Application of subsections 110(3), (4) and (5)
"(2) Subsections 110(3), (4) and (5) apply in relation to an activity test deferment period referred to in subsection (1) of this section in the same way as they apply to an activity test deferment period referred to in subsection (1) of that section.
Notice need not be given in certain cases
"(3) Subject to section 112, if:
(a) at a time when a person was not qualified for a youth training allowance, an event occurred that resulted in a youth training allowance automatic deferment provision of this Subdivision applying to the person; and
(b) the person made a claim for a youth training allowance after the end of the resulting activity test deferment period that would have applied to the person (assuming that the deferment period had started on the day on which the event occurred);
then:
(c) the deferment period is taken to have started and to have ended before the claim was made; and
(d) the Secretary is not obliged to give the person a written notice under subsection 110(1) in respect of the deferment period.
Note: For 'activity test deferment period' and 'youth training allowance automatic deferment provision' see subsection 58(1).
Waiting periods
Deferment period starts immediately after waiting period
"112.(1) If, under this Subdivision, an activity test deferment period that applies to a person would (apart from this subsection) start at the same time as, or during, a waiting period that applies to the person, the deferment period is taken to start immediately after the end of the waiting period.
Suspension of deferment period
"(2) If a waiting period that applies to a person starts during an activity test deferment period that applies to the person:
(a) the deferment period is taken to be suspended for the duration of the waiting period; and
(b) the remainder of the deferment period continues immediately after the end of the waiting period.
End of waiting period
"(3) If a waiting period applies to a person and:
(a) another waiting period starts during that waiting period and continues after the end of that waiting period; or
(b) another waiting period starts immediately after the end of that waiting period;
a reference in subsection (1) or (2) to the end of that waiting period is taken to be a reference to the end of the other waiting period.
Liquid assets test waiting period
"(4) A reference in this section to a waiting period includes a reference to a liquid assets test waiting period under section 72.
Note: For 'activity test deferment period' and 'waiting period' see subsection 58(1).
Effect of sections 110, 111 and 112
"113. For the avoidance of doubt:
(a) the application of a youth training allowance automatic deferment provision of this Subdivision cannot cause a youth training allowance to cease being payable unless the activity test deferment period arising from the application of that provision has started under section 110, 111 or 112; and
(b) those sections do not prevent a youth training allowance from ceasing to be payable in circumstances that do not involve the application of a youth training allowance automatic deferment provision of this Subdivision.
Note: For 'activity test deferment period' and 'youth training allowance automatic deferment provision' see subsection 58(1).
"Subdivision G—Situations in which allowance not payable (administrative breaches)
Secretary may require a person to attend the Department of Social Security or the Commonwealth Employment Service etc.
Allowance not payable if requirement not complied with
"114.(1) If:
(a) a person is receiving, or has lodged a claim for, a youth training allowance; and
(b) the Secretary is of the opinion that the person should:
(i) attend an office of the Department of Social Security or of the Commonwealth Employment Service; or
(ii) contact the Department of Social Security or the Commonwealth Employment Service; or
(iii) give information to the Secretary; and
(c) the Secretary tells the person that the person is required to:
(i) attend that office; or
(ii) contact that Department or the Commonwealth Employment Service; or
(iii) give that information; and
(d) the requirement is reasonable; and
(e) the person does not comply with the requirement;
a youth training allowance is not payable to the person.
Reasonable excuse for not complying
"(2) The Secretary may determine that a youth training allowance is payable to a person for a period for which it was not payable under subsection (1) if the Secretary is satisfied that the person had a reasonable excuse for not complying with the requirement.
Allowance not payable for deferment period
"(3) If:
(a) a youth training allowance is not payable under subsection (1): and
(b) at a later time a youth training allowance would, apart from this subsection, be payable to the person;
a youth training allowance is not payable to the person for the administrative breach deferment period.
Exemption for person in labour market or rehabilitation program
"(4) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary: and
(b) has been exempted from the application of that subsection by the Secretary.
Note: See section 116 for the length of administrative breach deferment periods and section 117 for the start of administrative breach deferment periods.
Removal from allowance for failure to comply with notification requirements
Youth training allowance not payable
"115.(1) If a person refuses or fails, without sufficient reason, to comply with a requirement made of the person under section 148. 14°. 150 or 343. a youth training allowance is not payable to the person for the administrative test deferment period.
Exemption for person in labour market or rehabilitation program
"(2) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary: and
(b) has been exempted from the application of that subsection by the Secretary.
Note: See section 116 for the length of administrative breach deferment periods and section 117 for the start of administrative breach deferment periods.
Administrative breach deferment periods
Period in ordinary circumstances
"116.(1) Subject to subsections (2). (3) and (4), if a youth training allowance automatic deferment provision of this Subdivision applies to a person, the deferment period that applies to the person is 2 weeks.
Note: For 'youth training allowance automatic deferment provision' see section 58.
If previous administrative breach deferment period
"(2) Subject to subsection (4), if:
(a) subsection (1) applies to a person at a particular time; and
(b) on one occasion only within the period of 3 years before that time, an administrative breach deferment period applied to the person;
the deferment period is 6 weeks.
Note: For 'administrative breach deferment period' see section 58.
If more than one previous administrative breach deferment period
"(3) Subject to subsection (4), if:
(a) a youth training allowance automatic deferment provision of this Subdivision applies to a person at a particular time; and
(b) an administrative breach deferment period applied to the person on 2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.
Note: For 'administrative breach deferment period' see section 58.
If previous activity test deferment period
"(4) If:
(a) a youth training allowance automatic deferment provision of this Subdivision applies to a person at a particular time; and
(b) one or more activity test deferment periods had applied to the person within the period of 3 years before that time;
the deferment period worked out under subsection (1), (2) or (3) is increased, in respect of each activity test deferment period, by:
(c) if the activity test deferment period was worked out under paragraph 109(1)(a)—2 weeks; or
(d) if it was worked out under paragraph 109(1)(b)—4 weeks; or
(e) if it was worked out under paragraph 109(1)(c) or subsection 109(2)—6 weeks.
Note: For 'activity test deferment period' see section 58.
Start of administrative breach deferment periods
Notice of start of period
"117.(1) If a youth training allowance automatic deferment provision of this Subdivision applies to a person, the Secretary must give the person a written notice telling the person of the start of the administrative breach deferment period that applies to the person.
When period starts
"(2) Subject to subsections (3) and (6) and section 118. the administrative breach deferment period starts on the day on which the notice is given to the person.
If pre-existing deferment period
"(3) Subject to section 118, if, at the time of the application of the automatic deferment provision, the person is already subject to a deferment period (the 'pre-existing deferment period') that has not yet ended, the administrative breach deferment period referred to in subsection (1) starts on the day after the day on which the pre-existing deferment period ends.
More than one pre-existing deferment period
"(4) If, at the time of the application of the automatic deferment provision, the person is already subject to more than one pre-existing deferment period that has not yet ended, the reference in subsection (3) to the day on which the pre-existing deferment period ends is a reference to the day on which the last occurring of those pre-existing deferment periods ends.
Application of subsections (3) and (4)
"(5) Subsections (3) and (4) apply in respect of a pre-existing deferment period whether or not it has started, and whether or not it is the subject of a notice under this section.
Youth training allowance ceasing to be payable
"(6) Subject to section 118, if:
(a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have started, youth training allowance ceases to be payable to the person: and
(b) it has not ceased to be payable because of the application of a deferment period;
the administrative breach deferment period referred to in subsection (1) starts on the day on which the youth training allowance ceases to be payable to the person.
Note: 'administrative breach deferment period", 'youth training allowance automatic deferment provision' and 'deferment period' see subsection 58(1).
Waiting periods
Deferment period starts immediately after waiting period
"118.(1) If, under this Subdivision, an administrative breach deferment period that applies to a person would (apart from this subsection) start at the same time as, or during, a waiting period that applies to the person, the deferment period is taken to start immediately after the end of the waiting period.
Suspension of deferment period
"(2) If a waiting period that applies to a person starts during an administrative breach deferment period that applies to the person:
(a) the deferment period is taken to be suspended for the duration of the waiting period; and
(b) the remainder of the deferment period continues immediately after the end of the waiting period.
End of waiting period
"(3) If a waiting period applies to a person and:
(a) another waiting period starts during that waiting period and continues after the end of that waiting period; or
(b) another waiting period starts immediately after the end of that waiting period;
a reference in subsection (1) or (2) to the end of that waiting period is taken to be a reference to the end of the other waiting period.
Liquid assets test waiting period
"(4) A reference in this section to a waiting period includes a reference to a liquid assets test waiting period under section 72.
Note: For 'administrative breach deferment period' and 'waiting period' see subsection 58(1).
Effect of sections 117 and 118
"119. For the avoidance of doubt:
(a) the application of a youth training allowance automatic deferment provision of this Subdivision cannot cause a youth training allowance to cease being payable unless the administrative breach deferment period arising from the application of that provision has started under section 117 or 118; and
(b) those sections do not prevent a youth training allowance from ceasing to be payable in circumstances that do not involve the application of a youth training allowance automatic deferment provision of this Subdivision.
Note: For 'administrative breach deferment period' and 'youth training allowance automatic deferment provision' see subsection 58(1).
"Subdivision H—Other situations in which allowance not payable
Removal from allowance for failure to continue Commonwealth Employment Service registration
Allowance not payable in certain circumstances
"120.(1) If:
(a) a youth training allowance was payable to a person; and
(b) the person ceased to be qualified for youth training allowance because the person:
(i) was not registered by the Commonwealth Employment Service in an allowance category as being unemployed (see subparagraph 65(1)(g)(iv)); and
(ii) the Secretary has not excused the person from being so registered by the Commonwealth Employment Service under section 73; and
(c) the person later becomes qualified for youth training allowance again;
a youth training allowance is not payable to the person for a period determined, in writing, by the Secretary.
Note 1: If a person has been paid youth training allowance while the person was not qualified because he or she was not registered at the Commonwealth Employment Service, an overpayment may arise (see Division 15). Subsection (1) does not prevent the Secretary from taking action to recover the overpayment.
Note 2: For 'allowance category' see subsection 58(2).
Exemption for person in labour market or rehabilitation program
"(2) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary: and
(b) has been exempted from the application of that subsection by the Secretary.
Secretary may determine when period of non-payment begins
"(3) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) begins and that day may be before the day of the determination.
Note: See section 109 for the length of activity lest deferment periods and section 11(1 for the start of activity test deferment periods.
Seasonal workers
Allowance not payable in certain circumstances
"121.(1) If:
(a) a person is a seasonal or intermittent worker: and
(b) the person's income is enough to maintain:
(i) the person; and
(ii) any other people who are ordinarily maintained by the person:
even though the person is temporarily unemployed:
a youth training allowance is not payable to the person for a period determined, in writing, by the Secretary.
Exemption
"(2) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
Secretary may determine when period of non-payment begins
"(3) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) begins and that day may be before the day of the determination.
Move to area of lower employment prospects
Allowance not payable for 12 weeks
"122.(1) If, in the opinion of the Secretary, a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, a youth training allowance is not payable to the person for 12 weeks.
Exemption for person in labour market or rehabilitation program
"(2) Subsection (1) does not apply to a person who:
(a) has started:
(i) formal vocational training in a labour market program approved by the Secretary; or
(ii) a rehabilitation program approved by the Secretary; and
(b) has been exempted from the application of that subsection by the Secretary.
Sufficient reason for moving
"(3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if, and only if, the person:
(a) moves to live with a family member who has already established his or her residence in that place of residence; or
(b) moves to live near a family member who has already established residence in the same area; or
(c) is receiving youth training allowance at the rate that applies to a person who is not independent and lives at home, and moves to accompany his or her parents who wish to establish, or have established, a place of residence; or
(d) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a disease or illness suffered by the person or by a family member.
Secretary may determine when period of non-payment begins
"(4) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) begins and that day may be before the day of the determination.
Youth training allowance not payable while person in gaol or in psychiatric confinement following criminal charge
"123. Youth training allowance is not payable to a person in respect of a period during which the person is:
(a) in gaol; or
(b) undergoing psychiatric confinement because the person has been charged with committing an offence.
Note 1: For 'in gaol', see subsection 23(5) of the Social Security Act.
Note 2: For 'psychiatric confinement' see subsections 23(8) and (9) of the Social Security Act.
Double benefit payment on release from gaol or from psychiatric confinement following criminal charge
"124. If:
(a) a person is released from gaol, or from psychiatric confinement that the person was undergoing because he or she had been charged with committing an offence, after spending at least 7 days in gaol or such confinement; and
(b) the person claims youth training allowance within 7 days after being released; and
(c) the allowance is payable to the person on the day on which the claim is made;
the rate of allowance payable to the person in respect of the period of 7 days starting on the day on which the claim is made is twice the amount that would otherwise be payable to the person in respect of that period.
"Division 3—Claim for youth training allowance
Need for a claim
Proper claim
"125.(1) A person who wants to be granted a youth training allowance must make a proper claim for that allowance.
Note 1: For proper claim' see section 126 (form), section 127(manner of lodgment) and section 128 (residence/presence in Australia).
Note 2: Because the payability of youth training allowance may be affected by for example, the provisions dealing with the circumstances in which a person's former employment ended (see sections 106 and 107). the person may be asked to support his or her claim for youth training allowance with an end of employment statement by the former employer (see section 349).
Claim taken not to be made
"(2) For the purposes of subsection (2), if:
(a) a claim for youth training allowance 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 youth training allowance;
the claim is to be taken not to have been made.
Person serving liquid assets waiting period
"(3) Subsection (2) does not apply if:
(a) a claim for youth training allowance 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 serving a liquid assets test waiting period.
Note: For 'liquid assets test waiting period' see section 72.
Form of claim
"126. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.
Lodgment of claim
"127. To be a proper claim, a claim must be lodged:
(a) at an office of the Department of Social Security; 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.
Claimant must be Australian resident and in Australia
"128. 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.
Claim may be withdrawn
Withdrawal of claim
"129.(1) A claimant for a youth training allowance 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.
Secretary may request claimant to give statement of claimant's tax file number
Request for tax file number
"130.(1) The Secretary may request but not compel a claimant for youth training allowance:
(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) A youth training allowance 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.
Secretary may request claimant to give statement of partner's tax file number
Request for tax file number
"131.(1) If:
(a) a claimant for youth training allowance 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) A youth training allowance 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 87(2) and (3)).
Note 2: The Secretary may waive the requirement in some cases (see subsection 87(4)).
"Division 4—Determination of claim
Secretary to determine claim
"132. The Secretary must, in accordance with this Part, determine a claim for youth training allowance.
Grant of claim
"133. 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 youth training allowance; and
(b) the allowance is payable.
Date of effect of determination
Date of effect
"134.(1) Subject to this section, a determination under section 133 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 (the 'previous decision') is made rejecting a person's claim for youth training allowance; 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 304, 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 (the 'previous decision') is made rejecting a person's claim for youth training allowance; 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 304, 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 (the 'previous decision') is made rejecting a person's claim for youth training allowance; 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 304 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.
"Division 5—Rate of youth training allowance
How to work out a person's youth training allowance rate
Rate to be worked out using Schedule 1
"135.(1) The rate of a person's youth training allowance is to be worked out in accordance with Schedule 1.
Limit on benefit rate
"(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
(c) either or both of them are under the age of consent that applies in the State or Territory in which they are living;
the rate of the person's youth training allowance is not to be more than the rate at which the allowance would be payable to the person if the other person were the person's partner.
Note: This provision has the effect of taking into account the ordinary income and assets of the partner in applying the ordinary income test and assets test respectively.
Youth training supplement
Supplement for course of vocational training
"136.(1) If a person who is receiving a youth training allowance is undertaking a course of vocational training approved by the Secretary for the purposes of this section, the rate of the person's youth training allowance may be increased by an amount, to be known as a youth training supplement, that the Secretary considers appropriate.
Components of supplement
"(2) The youth training supplement is made up of either or both of the following:
(a) an amount to help with the person's expenses in living away from the person's usual residence while undertaking the training (the 'living away from home component');
(b) an amount to assist with the person's expenses in maintaining the person's usual residence while living away from that residence and undertaking the training (the 'home base maintenance component').
Maximum living away from home component
"(3) The maximum amount of the living away from home component is $30.00 a fortnight.
Maximum maintenance component
"(4) The maximum amount of the home base maintenance component is $75.80 a fortnight.
How to calculate amount of supplement
"(5) The Secretary is to calculate the amount (if any) of the youth training supplement by determining:
(a) which of the 2 components the person is to receive; and
(b) the appropriate amount for each component that the person is to receive.
"Division 6—Payment of youth training allowance
Start of youth training allowance
"137. Youth training allowance 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 Part makes the allowance not payable to the person.
Note 1: For qualification see section 65.
Note 2: For circumstances in which a youth training allowance is not payable see section 85.
Instalments
Allowance paid by instalments
"138.(1) Youth training allowance is to be paid by instalments for periods determined by the Secretary.
Time of payment
"(2) Instalments of youth training allowance are to be paid at the times determined by the Secretary.
Instalments for period less than a fortnight
Period less than a fortnight
"139.(1) If:
(a) an instalment of youth training allowance is for a period; and
(b) the period is less than a fortnight;
the instalment for the period is the amount worked out using the formula:
Period consisting of number of whole fortnights and period less than fortnight
"(2) If:
(a) an instalment of youth training allowance 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 using the formula:
Rounding off instalment
Fraction of a cent
"140.(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 youth training allowance; 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 using the formula:
where:
'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;
'N' means:
(a) if the instalment is for a number of whole fortnights—the number of fortnights; or
(b) if the instalment is for a period of less than a fortnight—the number worked out using the formula:
; or
(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 using the formula:
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.
Instalments to be paid to person or nominee
Payment to person
"141.(1) Subject to subsection (3), instalments of a person's youth training allowance are to be paid to the person.
Payment on behalf of person
"(2) The Secretary may direct that the whole or a part of the instalments of a person's youth training allowance is to be paid to someone else on behalf of the person.
Payment in accordance with Secretary's direction
"(3) If the Secretary gives a direction under subsection (2), the instalments are to be paid in accordance with the direction.
Payment into bank account etc.
Manner of payment
"142.(1) An amount that is to be paid to a person under section 141 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.
Account not nominated
"(4) If the person has not nominated an account for the purposes of subsection (2), then, subject to subsections (5) and (7), the amount is not to be paid.
Account nominated afterwards
"(5) If:
(a) an amount has not been paid because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (2): the amount is to be paid under subsection (2).
Secretary may direct payment in different way
"(6) 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
"(7) If the Secretary gives a direction under subsection (6). the amount is to be paid in accordance with the direction.
If allowance payday would fall on public holiday etc.
"143. If the Secretary is satisfied that an amount of youth training allowance 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 of allowance after death
Payment to person determined by Secretary
"144.(1) If:
(a) a youth training allowance 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 youth training allowance 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 youth training allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of youth training allowance.
"Division 7—Protection of youth training allowance
Youth training allowance to be absolutely inalienable
Allowance absolutely inalienable
"145.(1) Subject to subsections (2) and (3) and section 299, youth training allowance 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 youth training allowance 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 youth training allowance if requested by the Commissioner of Taxation—see section 299.
Deductions from instalments with recipient's consent
"(3) The Secretary may make deductions from the instalments of youth training allowance payable to a person if the person consents under section 283 to the Secretary making the deduction.
Note: Section 283 enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a youth training allowance.
Effect of garnishee or attachment order
Court order not to apply to saved amount
"146.(1) If:
(a) a person has an account with a financial institution; and
(b) instalments of youth training allowance payable to the person (whether on the person's own behalf or not) are being paid 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 youth training allowance 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.
"Division 8—Recipient obligations
Secretary may request recipient to give statement of recipient's tax file number
Request for tax file number
"147.(1) The Secretary may request but not compel a person to whom youth training allowance 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) A youth training allowance 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.
Secretary may request recipient to give statement of partner's tax file number
Request for tax file number
"148.(1) If:
(a) a person to whom youth training allowance is being paid is a member of a couple; and
(b) the person's partner is in Australia;
the Secretary may request but not compel the person to give the Secretary a written statement of the tax file number of the person's partner.
Failure to satisfy request
"(2) A youth training allowance 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.
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 87(2) and (3)).
Note 2: The Secretary may waive the requirement in some cases (see subsection 87(4)).
Secretary may require notice of the happening of an event or a change in circumstances
Secretary may give notice requiring information
"149.(1) The Secretary may give a person to whom a youth training allowance is being paid a notice that requires the person to tell the Department of Social Security 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 allowance.
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 of Social Security; 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 Part.
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: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of or in addition to a term of imprisonment.
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 require recipient to give particular information relevant to payment of youth training allowance
Secretary may give notice requiring statement on matter
"150.(1) The Secretary may give a person to whom a youth training allowance is being paid a notice that requires the person to give the Department of Social Security 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 Part.
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: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
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.
"Division 9—Continuation, variation and termination
"Subdivision A—General
Continuing effect of determination
Entitlement determination
"151.(1) A determination that:
(a) a person's claim for a youth training allowance is to be granted; or
(b) a youth training allowance is payable to a person;
continues in effect until:
(c) the allowance ceases to be payable under section 152, 153, 154 or 155; or
(d) a further determination in relation to the allowance under section 162 or 163 has taken effect.
Note 1: For paragraph (a) see section 133.
Note 2: For paragraph (b) see section 165—this paragraph is relevant if the determination in question reverses an earlier cancellation or suspension.
Note 3: For paragraph (d) see also section 164.
Rate determination
"(2) A determination of the rate of a youth training allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under section 156, 157 or 158; or
(b) a further determination in relation to the allowance under section 160 or 161 has taken effect.
"Subdivision B—Automatic termination
Automatic termination—transfer to social security pension or benefit
"152. If:
(a) a person is receiving youth training allowance; and
(b) a social security pension or a social security benefit becomes payable to the person;
the youth training allowance ceases to be payable to the person immediately before the day on which the pension or benefit becomes payable to the person.
Automatic termination—recipient complying with section 149 notification obligations
"153. If:
(a) a person who is receiving a youth training allowance is given a notice under section 149; 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 (the '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 allowance; or
(ii) the allowance would, apart from this section, cease to be payable to the person; and
(f) the allowance is not cancelled before the end of the notification period;
the allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: If the person tells the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's allowance, there is no automatic rate reduction and a determination under section 161 must be made in order to bring the rate reduction into effect.
Automatic termination—recipient not complying with section 149 notification obligations
"154. If:
(a) a person who is receiving a youth training allowance is given a notice under section 149; 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 (the '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 allowance; or
(ii) the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately before the day on which the event or change in circumstances occurs.
Automatic termination—failure to provide section 150 statement
Allowance ceases to be payable
"155.(1) If:
(a) a person who is receiving a youth training allowance is given a notice under section 150 requiring the person to give the Department a statement; and
(b) the notice relates to the payment of the allowance in respect of a period stated in the notice; and
(c) the person does not comply with the notice;
the allowance, subject to subsection (2), ceases to be payable to the person as from the first day in that period.
Secretary may determine that allowance 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.
"Subdivision C—Automatic rate reduction
Automatic rate reduction—partner starting to receive allowance, pension or benefit
"156. If:
(a) a person is receiving youth training allowance; and
(b) the person's partner starts to receive:
(i) a youth training allowance; or
(ii) a social security pension or social security benefit; or
(iii) a service pension; and
(c) the person's youth training allowance rate is reduced because of the partner's receipt of that pension, benefit or allowance;
the youth training allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension, benefit or allowance.
Automatic rate reduction—recipient not complying with section 149 notification obligations
"157. If:
(a) a person who is receiving a youth training allowance is given a notice under section 149; 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 (the '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 allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately before the day on which the event or change in circumstances occurs.
Automatic rate reduction—failure to tell Department of payment for remunerative work if earnings credit account balance available
"158. If:
(a) a person who is receiving youth training allowance is given a notice under section 149; and
(b) the notice requires the person to tell the Department of income for remunerative work undertaken by the person or the person's partner; and
(c) the person fails to tell the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Subdivision K of Division 11;
the allowance becomes payable to the person at the reduced rate from the first payday after the day on which the person's earnings credit account balance is reduced to nil.
Changes to payments by computer following automatic termination or reduction
"159. If:
(a) a person is receiving a youth training allowance on the basis of data in a computer; and
(b) the allowance is automatically terminated or the allowance rate is automatically reduced by the operation of a provision of this Part; and
(c) the automatic termination or reduction is given effect to by the operation of a computer program approved by the Secretary stopping payment or reducing the rate of payment of the allowance;
there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person's allowance.
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 303 and 304) and the Social Security Appeals Tribunal (see section 311).
"Subdivision D—Determinations
Rate increase determination
"160. If the Secretary is satisfied that the rate at which a youth training allowance is being, or has been, paid is less than the rate provided for by this Part, 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 166.
Rate reduction determination
"161. If the Secretary is satisfied that the rate at which a youth training allowance is being, or has been, paid is more than the rate provided for by this Part, 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 157 (see subsection 151(2)).
Note 2: For the date of effect of a determination under this section see section 167.
Cancellation or suspension determination
"162. If the Secretary is satisfied that a youth training allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Part, the Secretary is to determine that the allowance is to be cancelled or suspended.
Note 1: A determination under this section is not necessary if an automatic termination is produced by section 152, 153, 154 or 155 (see subsection 151(1)).
Note 2: For the date of effect of a determination under this section see section 167.
Cancellation or suspension for failure to comply with section 150, 343 or 344 notice
"163. If:
(a) a person who is receiving a youth training allowance is given a notice under section 150, 343 or 344; and
(b) the person does not comply with the requirements set out in the notice;
the Secretary may determine that the allowance is to be cancelled or suspended.
Note 1: This section will not apply if section 153 or 162 applies.
Note 2: For the date of effect of a determination under this section see section 167.
Changes to payments by computer
"164. If:
(a) payment of a youth training allowance to a person is based upon data in a computer; and
(b) the allowance rate is increased or reduced, or the allowance 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 303 and 304) and the Social Security Appeals Tribunal (see section 311).
Resumption of payment after cancellation or suspension
Secretory to determine allowance payable
"165.(1) If the Secretary:
(a) cancels or suspends a person's youth training allowance under section 162 or 163; 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 youth training allowance that was payable to the person; or
(ii) the person is not receiving a youth training allowance that is payable to the person;
the Secretary is to determine that a youth training allowance 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 304 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 166.
"Subdivision E—Date of effect of determination
Date of effect of favourable determination
Method of working out date
"166.(1) The day on which a determination under section 160 or 165 (the 'favourable determination') takes effect is worked out in accordance with this section.
Notified decision—review sought within 3 months
"(2) If:
(a) a decision (the 'previous decision') is made in relation to a youth training allowance; and
(b) a notice is given to the person to whom the allowance is payable telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 304, 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 (the 'previous decision') is made in relation to a youth training allowance; and
(b) a notice is given to the person to whom the allowance is payable telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 304, 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 (the 'previous decision') is made in relation to a youth training allowance; and
(b) no notice is given to the person to whom the allowance is payable telling the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 304, 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.
Date of effect of adverse determination
General
"167.(1) The day on which a determination under section 161, 162 or 163 (the '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 305 (internal review) and section 314 (review by Social Security Appeals Tribunal)).
Date determination takes effect
"(2) 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 Part
"(4) If:
(a) the person whose allowance is affected by the adverse determination has contravened a provision of this Part (other than section 150, 343, 344, 345 or 346); 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 allowance 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 the allowance 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 payments—suspension or cancellation
"(7) If:
(a) an adverse determination is made in relation to a person because of point G11 in MODULE G in Schedule 1 (payment of arrears of periodic compensation payments); and
(b) the allowance has been paid to the person or the person's partner when, because of the payment of arrears of periodic compensation, the allowance 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 G11 in MODULE G in Schedule 1 (payment of arrears of periodic compensation payments); and
(b) the rate at which the allowance 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 the allowance should have been paid;
the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made.
"Division 10—Bereavement payments on death of partner
Qualification for payments under this Division
Qualification for payment
"168.(1) If:
(a) a person is receiving youth training allowance; 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 171 (person's continued rate) on that payday; and
(ii) the amount (if any) that would otherwise be payable to the person under section 169 (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 169 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 170 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.
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 youth training allowance is payable to the person during the bereavement period is, unless the person has made a choice under subsection (2), governed by section 171.
Continued payment of partner's pension or benefit
"169. 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.
Lump sum payable in some circumstances
"170. 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
This is how to work out the amount of the lump sum:
| 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 called the combined rate. |
| Step 2. | Work out the amount that, apart from section 171, would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate. |
| Step 3. | Take the person's individual rate away from the combined rate: the result is called 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. |
Adjustment of person's youth training allowance rate
"171. If:
(a) a person is qualified for payments under this Division; and
(b) the person does not elect under subsection 168(2) not to receive payments under this Division;
the rate of the person's youth training allowance during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of youth training allowance payable to the person is the rate at which the allowance 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 youth training allowance is payable to the person is the rate at which the allowance would be payable to the person apart from this Division.
Effect of death of person entitled to payments under this Division
"172. 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
This is how to work out the amount of the lump sum:
| | 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 called the combined rate. |
| Step 2. | Work out the amount that, apart from section 171, 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 called the person's individual rate. |
| Step 3. | Take the person's individual rate away from the combined rate: the result is called the partner's instalment component. |
| Step 4. | Workout 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. |
Matters affecting payments under this Division
Recovery/reduction of amount payable
"173.(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 Part, the Social Security Act or 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 Part, the Social Security Act or Part III of the Veterans' Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (the '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, in spite of 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.
"Division 11—General provisions relating to the ordinary income test
"Subdivision A—Ordinary income concept
Ordinary income is generally total gross income (not net income after deductions) from all sources
Working out ordinary income
"174.(1) A person's ordinary income is to be worked out by adding together the person's ordinary income from all sources.
Note: For 'ordinary income' see subsection 8(1) of the Social Security Act.
What ordinary income consists of
"(2) A person's ordinary income consists of:
(a) the person's ordinary income as defined in subsection 8(1) of the Social Security Act; and
(b) amounts that are taken to be ordinary income of the person under section 175 (trading stock) or under Subdivisions B, C, D, E and F (investment income), Subdivision G (moneys held), Subdivision H (loans) or Subdivision I (assets disposal).
Ordinary income is gross ordinary income
"(3) Subject to sections 175 and 176, a person's ordinary income is the person's gross ordinary income without any reduction.
Ordinary income from a business—treatment of trading stock
Inclusion of increase in value of trading stock
"175.(1) If:
(a) a person carries on a business; and
(b) the value of all the business's trading stock on hand at the end of a tax year is more than the value of all the business's trading stock on hand at the beginning of that year;
the person's ordinary income for that year in the form of profits from the business is to include the amount of the difference in values.
Reduction for decrease in value of trading stock
"(2) If:
(a) a person carries on a business; and
(b) the value of all the business's trading stock on hand at the end of a tax year is less than the value of all the business's trading stock on hand at the beginning of that year;
the person's ordinary income for that year in the form of profits from the business is to be reduced by the amount of the difference in values.
Note: For 'tax year' see subsection 23(1) of the Social Security Act.
Permissible reductions—business income
Allowable reductions
"176.(1) If a person carries on a business, the person's ordinary income from the business is to be reduced by:
(a) losses and outgoings that relate to the business and are allowable deductions for the purposes of section 51 of the Income Tax Assess