Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 At the end of Schedule 1A
Add:
This Act, as amended by item 91 of Schedule 9 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , applies to sickness allowance for which a claim was lodged on or after the commencement of that item.
2 At the end of Schedule 1A
Add:
Continuing effect of certain determinations
(1) If a determination, notice, statement or other instrument made or given under this Act in relation to a newstart allowance or sickness allowance for a person under 21 years was in force, or had effect, immediately before 1 July 1998, then, subject to clause 114, the determination, notice, statement or other instrument:
(a) continues to be in force, or continues to have effect, on and after that day; and
(b) may be amended or revoked;
as if it were a determination, notice, statement or other instrument made or given under this Act in relation to a youth allowance.
(2) If a determination, notice, statement or other instrument made or given under the Student Assistance Act 1973 in relation to a youth training allowance:
(a) was in force, or had effect; or
(b) is to be taken to have been in force, or to have had effect;
immediately before 1 July 1998, that determination, notice, statement or other instrument:
(c) continues, or is taken to continue, to be in force or to have effect, on and after that day; and
(d) may be amended or revoked;
as if it were a determination, notice, statement or other instrument made or given under this Act in relation to a youth allowance.
Person of youth allowance age receiving AUSTUDY living allowance immediately before 1 July 1998
(3) If an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of:
(a) a person who is of youth allowance age on that day; or
(b) a person who, immediately before that day, was receiving rent assistance under regulation 102B of the AUSTUDY Regulations as then in force; or
(c) a person referred to in paragraph 68(a) or (b) of the AUSTUDY Regulations as in force immediately before that day;
then, on and after that day:
(d) a youth allowance is payable, or is to be taken to have been payable, to the person; and
(e) subject to subclause (4), Part 2.11 applies to the person;
as if he or she had made a claim for youth allowance under that Part and the claim had been granted.
(4) If:
(a) youth allowance is payable, or is to be taken to have been payable, because of subclause (3), to a person referred to in paragraph (3)(b) or (c); and
(b) the person ceases to undertake the course of study that the person was undertaking immediately before 1 July 1998;
youth allowance ceases to be payable to the person.
(5) A person referred to in paragraph (3)(c) who is under 25 on 1 July 1998 is taken to be independent for the purposes of Parts 2.11 and 3.15.
Pending claims of youth training allowance etc.
(6) If:
(a) one of the following circumstances apply:
(i) a person lodged a claim for a youth training allowance (under the Student Assistance Act 1973 ) before 1 July 1998;
(ii) a person who is of youth allowance age lodged an application for an AUSTUDY living allowance (under the AUSTUDY regulations) before 1 July 1998;
(iii) a person who is under 21 years lodged a claim for newstart allowance or sickness allowance before 1 July 1998; and
(b) the claim was not determined, or the application dealt with, before that date;
the claim or application has effect on or after that date as if it were a claim for youth allowance lodged under this Act.
(7) Subclause (6) has effect subject to item 131 of Part 2 of Schedule 11 to the Social Security Legislation (Youth Allowance Consequential and Related Measures) Act 1998 .
Person of austudy age receiving AUSTUDY living allowance immediately before 1 July 1998
(1) If:
(a) an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of a person other than:
(i) a person who, immediately before that day, was receiving rent assistance under regulation 102B of the AUSTUDY Regulations as then in force; or
(ii) a person referred to in paragraph 68(a) or (b) of the AUSTUDY Regulations as in force immediately before that day; and
(b) the person is of austudy age on that day;
then, on and after that day:
(c) an austudy payment is payable, or is to be taken to have been payable, to the person; and
(d) Part 2.11A applies to the person;
as if he or she had made a claim for austudy payment under that Part and the claim had been granted.
Note: A youth allowance is payable to a person referred to in subparagraph (a)(i) or (ii) (see clause 109).
Pending claims for AUSTUDY living allowance
(2) If:
(a) a person who is of austudy age lodged an application for an AUSTUDY living allowance (under the AUSTUDY regulations) before 1 July 1998; and
(b) the application was not dealt with before that date;
the application has effect on or after that date as if it were a claim for austudy payment lodged under this Act.
(1) If an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of a person who is of youth allowance age on that day, then Step 1 of the Method Statement in point 1067G-J3 applies to the person as if the reference in that Step to zero were a reference to $3,000.
(2) If an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of a person who is of AUSTUDY age on that day, then Step 1 of the Method Statement in point 1067L-E2 applies to the person as if the reference in that Step to zero were a reference to $3,000.
Person receiving pensioner education supplement immediately before 1 July 1998
(1) If a pensioner education supplement under the AUSTUDY Regulations was payable, or is to be taken to have been payable, immediately before 1 July 1998, to a person, then, on and after that day:
(a) a pensioner education supplement under this Act is payable, or is to be taken to have been payable, to the person; and
(b) Part 2.24A applies to the person;
as if he or she had made a claim for pensioner education supplement under that Part and the claim had been granted.
Pending claims of pensioner education supplement
(2) If:
(a) a person lodged an application for a pensioner education supplement under the AUSTUDY Regulations before 1 July 1998; and
(b) the application was not determined, or the application dealt with, before that date;
the application has effect on or after that date as if it were a claim for pensioner education supplement lodged under this Act.
(1) If:
(a) immediately before 20 March 1998, a person who satisfied the qualification requirements for sole parent pension under subparagraph 249(1)(a)(ii) or (iv) was receiving a sole parent pension; and
(b) a benefit PP (partnered) became payable to the person on that day and continued to be payable until immediately before 1 July 1998; and
(c) a pensioner education supplement under the AUSTUDY Regulations was payable, or is to be taken to have been payable, immediately before 1 July 1998, to the person;
then, on and after 1 July 1998:
(d) a pensioner education supplement under this Act is payable, or is to be taken to have been payable, to the person; and
(e) subject to subclauses (2), (3) and (4), Part 2.24A applies to the person;
as if he or she had made a claim for pensioner education supplement under that Part and the claim had been granted.
(2) If the person ceases to undertake the course of study that the person was undertaking immediately before 1 July 1998, pensioner education supplement ceases to be payable to the person.
(3) For the purposes of Part 2.24A, the person is taken to be receiving a payment attracting pensioner education supplement under this Act if the person satisfies the requirements referred to in subparagraph 249(1)(a)(ii) or (iv) as in force immediately before 20 March 1998.
Note: Subparagraphs 249(1)(a)(ii) and (iv) were repealed by the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 .
(4) For the purposes of Part 2.24A, subsection 1061PE(2) is taken to apply to the person.
If:
(a) a person who is under 21 years lodges a claim for newstart allowance or sickness allowance on or after 1 July 1998; and
(b) the claim is made in respect of a period commencing before 1 July 1998;
the claim has effect as if it had been made immediately before that date.
(1) If:
(a) a person was, on 17 June 1997, under 21 years of age and a recipient of newstart allowance or sickness allowance; and
(b) the person did not cease to be, and was immediately before 1 July 1998, a recipient of newstart allowance or sickness allowance; and
(c) the person was, immediately before 1 July 1998, under 21 years of age;
then:
(d) clause 109 does not apply in relation to the person; and
(e) the person is to continue to receive the newstart allowance or sickness allowance on and after that day; and
(f) subject to subclauses (2) and (3), Part 2.12 or 2.14 (as the case may be) as in force immediately before that day continues to apply to the person.
(2) If, on or after 1 July 1998, the Secretary cancels or suspends:
(a) a person’s newstart allowance under section 660I or 660IA; or
(b) a person’s sickness allowance under section 728L or 728M;
a determination by the Secretary under section 660J or 728P (as the case may be) that the allowance is payable to the person does not have effect unless the determination is made within 6 weeks after the Secretary’s decision to cancel or suspend the allowance.
(3) Newstart allowance or sickness allowance ceases to be payable to a person who has been receiving it because of subclause (1) if the person makes a claim for youth allowance and the claim is granted.
If:
(a) immediately before 1 July 1998:
(i) a person was qualified for a payment under Division 9 of Part 2.12 or Division 9 of Part 2.14; and
(ii) the period for which the person was qualified had not yet ended; and
(b) the person is under 21 years;
then:
(c) the person remains qualified for that payment on and after 1 July 1998 as if:
(i) in the case of a person qualified for a payment under Division 9 of Part 2.12—that Part and Part 3.5 or 3.6 (whichever was applicable), as in force immediately before that date, continued to apply to him or her; or
(ii) in the case of a person qualified for a payment under Division 9 of Part 2.14—that Part and Part 3.5, 3.5A or 3.6 (whichever is applicable), as in force immediately before that date, continued to apply to him or her; and
(d) subclause 109(1) (dealing with continuing effect of determinations) does not apply to the person; and
(e) on the day after the end of the period referred to in subparagraph (a)(ii), the person is taken to have made a claim for youth allowance.
If, immediately before 1 July 1998:
(a) a person was qualified for a payment under Division 10 of Part 8 of the Student Assistance Act 1973 ; and
(b) the period for which the person was qualified had not yet ended;
then:
(c) the person remains qualified for that payment on and after 1 July 1998 as if Part 8 of, and Schedule 1 to, that Act as in force immediately before that date were still in force; and
(d) subclause 109(1) (dealing with continuing effect of determinations) does not apply to the person; and
(e) on the day after the end of the period referred to in paragraph (b), the person is taken to have made a claim for youth allowance.
If a person or an approved care organisation was, immediately before 1 July 1998, qualified (under section 999) for a double orphan pension for a young person who, at the time:
(a) was over 16, but under 22, years of age; and
(b) was qualified to receive payments under the AUSTUDY scheme;
the person or approved care organisation continues to be qualified for a double orphan pension for the young person until the young person:
(c) turns 22; or
(d) ceases to be a youth allowance recipient; or
(e) ceases to undertake full-time study;
whichever occurs first.
If:
(a) on the last family allowance payday before 1 July 1998, a person (the FA recipient ) received an instalment of family allowance (the relevant instalment ) that was paid to the person at a rate higher than the person’s minimum family allowance rate; and
(b) the relevant instalment consisted of, or included, an amount in respect of an FA child (the young person ) who becomes a youth allowance recipient before the first family allowance payday after 1 July 1998;
there is payable to the FA recipient in respect of the young person, on the first family allowance payday after 1 July 1998, an amount of family allowance equal to the amount of family allowance that was payable to the FA recipient in respect of the young person on the last family allowance payday before 1 July 1998.
(1) Point 1067G-H11 (dealing with income maintenance periods in relation to continuing employment) applies to the following persons in respect of a leave period starting on or after 1 July 1998:
(a) a person who makes a claim for youth allowance on or after 1 July 1998 and to whom subclause (2) does not apply;
(b) a youth allowance recipient who immediately before 1 July 1998 was receiving an AUSTUDY allowance.
(2) If:
(a) a determination applying an income maintenance period to a person who was or is in employment had effect, or is to be taken to have had effect, immediately before 1 July 1998; and
(b) a youth allowance becomes payable to the person on or after 1 July 1998; and
(c) the income maintenance period has not ended when the youth allowance becomes payable to the person;
point 1067G-H11 (dealing with income maintenance periods in relation to continuing employment) applies to the person in respect of a leave period starting on or after 20 March 1998.
(3) Point 1067G-H12 (dealing with income maintenance periods in relation to terminated employment) applies to the following persons in respect of any leave payment received by those persons on or after 1 July 1998:
(a) a person who makes a claim for youth allowance on or after 1 July 1998 and to whom subclause (4) does not apply;
(b) a youth allowance recipient who immediately before 1 July 1998 was receiving an AUSTUDY allowance.
(4) If:
(a) a determination applying an income maintenance period to a person whose employment has been terminated had effect, or is to be taken to have had effect, immediately before 1 July 1998; and
(b) a youth allowance becomes payable to the person on or after 1 July 1998; and
(c) the income maintenance period has not ended when the youth allowance becomes payable to the person;
point 1067G-H12 (dealing with income maintenance periods in relation to terminated employment) applies to the person in respect of any leave payment received by the person on or after 20 September 1997.
(5) Point 1067L-D5 (dealing with income maintenance periods in relation to continuing employment) applies to the following persons in respect of a leave period starting on or after 1 July 1998:
(a) a person who makes a claim for austudy payment on or after 1 July 1998 and to whom subclause (6) does not apply;
(b) an austudy payment recipient who immediately before 1 July 1998 was receiving an AUSTUDY allowance.
(6) If:
(a) a determination applying an income maintenance period to a person who was or is in employment had effect, or is to be taken to have had effect, immediately before 1 July 1998; and
(b) an austudy payment becomes payable to the person on or after 1 July 1998; and
(c) the income maintenance period has not ended when the austudy payment becomes payable to the person;
point 1067L‑D5 (dealing with income maintenance periods in relation to continuing employment) applies to the person in respect of a leave period starting on or after 20 March 1998.
(7) Point 1067L-D6 (dealing with income maintenance periods in relation to terminated employment) applies to the following persons in respect of any leave payment received by those persons on or after 1 July 1998:
(a) a person who makes a claim for austudy payment on or after 1 July 1998 and to whom subclause (8) does not apply;
(b) an austudy payment recipient who immediately before 1 July 1998 was receiving an AUSTUDY allowance.
(8) If:
(a) a determination applying an income maintenance period to a person whose employment has been terminated had effect, or is to be taken to have had effect, immediately before 1 July 1998; and
(b) an austudy payment becomes payable to the person on or after 1 July 1998; and
(c) the income maintenance period has not ended when the austudy payment becomes payable to the person;
point 1067L‑D6 (dealing with income maintenance periods in relation to terminated employment) applies to the person in respect of any leave payment received by the person on or after 20 September 1997.