Federal Register of Legislation - Australian Government

Primary content

Determinations/Social Security as made
This Determination exempts certain persons undertaking study from the 3 month waiting period for an advance payment of a social security entitlement.
Administered by: Families, Housing, Community Services and Indigenous Affairs
Registered 21 Jan 2009
Tabling HistoryDate
Tabled HR10-Nov-1998
Tabled Senate10-Nov-1998
Gazetted 01 Jul 1998
Date of repeal 01 Jul 2005
Repealed by Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1)

EXPLANATORY STATEMENT

 

ADVANCE PAYMENT OF ENTITLEMENT (WAIVER OF WAITING PERIOD) DETERMINATION (NO.1) 1998

 

Issued by the authority of the Secretary to the Department of Social Security

 

 

Summary

 

This determination is made under subsection 1061A(2) of the Social Security Act 1991 (the Social Security Act), which was inserted by Schedule 9 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998.

 

The purpose of this determination is to exempt from the 3 month waiting period for an advance payment of a social security entitlement, certain persons undertaking study.

 

Background

 

Paragraph 1061A(l)(b) of the Social Security Act provides that for a person to qualify for an advance payment of a social security entitlement, the person must be in receipt of an income support payment for a period of at least 3 months immediately before applying for the advance payment.  New subsection 1061A(2) provides that the Secretary may determine that the 3 month period does not apply to people who receive youth allowance or austudy payment.

 

Explanation of provisions

 

Section 1 cites the name of the instrument and section 2 states that the determination commences on 1 July 1998.

 

Section 5 provides that paragraph 1061A(l)(b) of the Social Security Act does not apply to a person who has applied for an advance payment of austudy payment if the person is receiving austudy payment.  Similarly, a person who is receiving youth allowance and is undertaking, or about to undertake, an approved course of education or training, is also exempt from the 3 month waiting period.  This exemption will help students to deal with costs related to their studies.

 

Section 3 provides that an approved course of education or training has the meaning given by subsection 541B(5) of the Act.  The Act is also defined to mean the Social Security Act 1991.