SOCIAL SECURITY ACT 1991 - SECT 540A Qualification for youth allowance--claimants for disability support pension

SOCIAL SECURITY ACT 1991 - SECT 540A

General rule

  (1)   Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if:

  (b)   throughout the period, the person is of youth allowance age (see Subdivision D); and

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

  (d)   the Secretary is satisfied that, throughout the period, the person suffers from a medical condition that had a significant adverse effect on the person's ability to work or study; and

  (e)   throughout the period, the person satisfies the residency requirements that apply to the person under Subdivision F; and

  (f)   the person satisfies any one of the conditions in subsection   (2).

Conditions for qualification

  (2)   The conditions referred to in paragraph   (1)(f) are:

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

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

  (c)   a condition that:

  (i)   the person was born outside Australia; and

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

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

Note 1:   Subdivision G provides for prospective qualification for youth allowance.

Note 2:   Division   2 sets out situations in which youth allowance is not payable even if the person qualifies for it.