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SOCIAL SECURITY LEGISLATION AMENDMENT (YOUTH ALLOWANCE CONSEQUENTIAL AND RELATED MEASURES) ACT 1998 - SCHEDULE 3

Amendment of the Social Security Act 1991 relating to youth allowance and austudy payment provisions

Part 1 Amendments commencing after youth allowance and austudy payment provisions commence and the Budget Measures Act has been assented to

1  Subsection 5(1) (subparagraph (b)(ii) of the definition of independent young person )

Omit “a youth training allowance or”.

2  Paragraph 8(11)(b)

Omit “1067‑H5R, 1067E‑G6R”, substitute “1067G‑H20, 1067L‑D16”.

3  After subparagraph 541(2)(c)(iv)

Insert:

                             (v)  an activity that is included in the CSP;

4  After paragraph 544B(1)(i)

Insert:

                     (ia)  an activity approved by the Secretary under the CSP;

5  At the end of subsection 544B(5)

Add:

             ; and (d)  may be cancelled by the Secretary after a review under paragraph (c).

6  After subparagraph 549A(5)(a)(i)

Insert:

                            (ia)  an activity approved by the Secretary under the CSP; or

7  Subsection 550B(3)

Repeal the subsection, substitute:

Period stops applying from start of involvement in certain programs, courses or activities

             (3)  If:

                     (a)  an activity test non‑payment period under this Part applies to a person (or would apply to a person apart from this subsection); and

                     (b)  the person starts to participate in a program, course or activity described in paragraph 541(2)(b) or (c);

the period stops applying to the person from and including the day on which the person starts to participate in the program, course or activity (whether or not the person completes the program, course or activity).

8  Paragraph 552A(1)(d)

Omit “students; and”, substitute “students.”.

9  Paragraph 552A(1)(e)

Repeal the paragraph.

10  Subsection 552A(1) (note 2)

Repeal the note.

11  After subparagraph 553B(2)(a)(i)

Insert:

                            (ia)  an activity approved by the Secretary under the CSP; or

12  After subparagraph 553C(2)(a)(i)

Insert:

                            (ia)  an activity approved by the Secretary under the CSP; or

13  Subsection 557A(3)

Repeal the subsection, substitute:

Period stops applying from start of involvement in certain programs, courses or activities

             (3)  If:

                     (a)  an activity test breach rate reduction period under this Part applies to a person (or would apply to a person apart from this subsection); and

                     (b)  the person starts to participate in a program, course or activity described in paragraph 541(2)(b) or (c);

the period stops applying to the person from and including the day on which the person starts to participate in the program, course or activity (whether or not the person completes the program, course or activity).

14  Subsection 558A(3)

Repeal the subsection, substitute:

Period stops applying from start of involvement in certain programs, courses or activities

             (3)  If:

                     (a)  an administrative breach rate reduction period under this Part applies to a person (or would apply to a person apart from this subsection); and

                     (b)  the person starts to participate in a program, course or activity described in paragraph 541(2)(b) or (c);

the period stops applying to the person from and including the day on which the person starts to participate in the program, course or activity (whether or not the person completes the program, course or activity).

15  Paragraph 578A(1)(d)

Omit “students; and”, substitute “students.”.

16  Paragraph 578A(1)(e)

Repeal the paragraph.

17  Subsection 578A(1) (note 2)

Repeal the note.


 

Part 2 Other amendments commencing on 1 July 1998 after certain provisions of the Budget Measures Act

18  Subsection 19C(1) (note 1)

After “claim for”, insert “austudy payment or”.

19  Subsection 19C(2)

After “claim for”, insert “austudy payment or”.

20  Subsection 19C(2)

After “rate of the”, insert “payment or”.

21  Subsection 19C(3)

After “claim for”, insert “austudy payment,”.

22  Paragraph 19C(8)(c)

Repeal the paragraph, substitute:

                     (c)  in relation to youth allowance—means the maximum payment rate worked out at Step 4 of the Method statement in Module A of the Youth Allowance Rate Calculator in section 1067G; or

                    (ca)  in relation to austudy payment—means the maximum payment rate worked out at Step 3 of the Method statement in Module A of the Austudy Payment Rate Calculator in section 1067L; or

23  Subsection 19C(9)

Repeal the subsection.


 

Part 3 Amendment commencing on 20 September 1998

24  Point 1067G‑H1 (paragraph (d) of note 2)

Repeal the paragraph, substitute:

(d)           income streams (sections 1095 to 1099D);


 

Part 4 Amendments commencing on 1 July 1999 after some provisions of the Budget Measures Act

25  Subsection 19C(1) (note 1)

After “claim for”, insert “austudy payment or”.

26  Subsection 19C(1) (note 3)

After “parenting payment”, insert “, austudy payment”.

27  Subsection 19C(2)

After “parenting payment”, insert “, austudy payment”.

28  Subsection 19C(3)

After “parenting payment”, insert “, austudy payment”.

29  Point 1067G‑H16

Repeal the point, substitute:

1067G‑H16  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3:       If an income maintenance period applies to a person, then, during that period:

(a)           the allowance claimed may not be payable to the person; or

(b)           the amount of the allowance payable to the person may be reduced.

30  Point 1067L‑D12

Repeal the point, substitute:

1067L‑D12  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3:       If an income maintenance period applies to a person, then, during that period:

(a)           the allowance claimed may not be payable to the person; or

(b)           the amount of the allowance payable to the person may be reduced.


 



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