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SOCIAL SECURITY ACT 1991 - SECT 550B Allowance not payable because of youth allowance participation failure

SOCIAL SECURITY ACT 1991 - SECT 550B

Allowance not payable because of youth allowance participation failure

General

  (1)   A youth allowance is not payable to a person, for the period starting in accordance with section   550C and ending in accordance with section   550D, if:

  (a)   the person commits a youth allowance participation failure; and

  (b)   the Secretary requires the person:

  (i)   to comply with the requirement, or undertake the activity, to which the youth allowance participation failure relates; or

  (ii)   to comply with a particular requirement, or undertake a particular activity, in place of the requirement or activity to which the failure relates;

    during the participation failure instalment period for the failure, or at a particular time during that period; and

  (c)   the person fails to comply with the requirement.

Reasonable excuse etc.

  (2)   This section does not apply in relation to the failure if:

  (a)   the Secretary is satisfied that the person had a reasonable excuse for the failure referred to paragraph   (1)(c); or

  (b)   the Secretary is for any other reason satisfied that subsection   (1) should not apply to the failure.

  (2A)   The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph   (2)(a), a person had a reasonable excuse for a failure of a kind referred to in paragraph   (1)(c).

  (2B)   To avoid doubt, a determination under subsection   (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph   (2)(a), a person had a reasonable excuse for the failure referred to in paragraph   (1)(c).

Meaning of participation failure instalment period

  (3)   The participation failure instalment period for the youth allowance participation failure is the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.

Failures covered by section   551

  (4)   This section does not apply to a youth allowance participation failure if section   551 applies to the failure.

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