Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 — Amendments relating to definitions
1 Section 3 (index)
Omit:
| automatic deferment provision | 23(1) |
| education leavers waiting period | 23(1) |
2 Subparagraphs 4(11)(b)(iia) and (c)(iia)
Repeal the subparagraphs.
3 Paragraph 4(11)(e)
Omit “or a youth training allowance”.
4 Subsection 5(1) (note after the definition of parent )
Repeal the note.
5 Subsection 5(1) (paragraph (a) of the definition of prescribed educational scheme )
Repeal the paragraph.
6 Paragraphs 5(6)(ba) and (9A)(ca)
Repeal the paragraphs.
7 Subsection 5(10)
Repeal the subsection.
8 Subsection 5A(6) (paragraph (b) of the definition of recipient child )
Repeal the paragraph.
9 Subsections 7(6) and (6AA)
Omit “, a seniors health card or a youth training allowance”, substitute “or a seniors health card”.
10 Paragraph 8(8)(s)
Omit “, a youth training allowance”.
11 Paragraph 8(8)(z) (note)
Omit “Benefit Rate Calculator A (point 1067‑H6)”, substitute “Youth Allowance Rate Calculator (point 1067G‑H21), Austudy Payment Rate Calculator (point 1067L‑D15),”.
12 Paragraph 8(8)(z) (note)
Omit “Points 1067‑H6”, substitute “Points 1067G-H21, 1067L‑D15”.
13 Paragraph 8(8)(zf)
Repeal the paragraph, substitute:
(zf) a payment of a pensioner education supplement under this Act or under the ABSTUDY scheme to a person who is receiving:
(i) a social security or service pension; or
(ii) a social security benefit;
14 Subparagraph 8(8)(zm)(i)
Omit “or a youth training allowance”.
15 Subsection 10A(2)
Omit “Module G of Benefit Rate Calculator A in section 1067”, substitute “Module F of the Youth Allowance Rate Calculator in section 1067G”.
16 Subsections 14A(1) and (2)
After “Parts”, insert “2.11, 2.11A,”.
17 Subsection 14A(1) (definition of liquid assets )
Omit all the words from and including “but does not include”, substitute:
but does not include:
(d) an amount that is a qualifying eligible termination payment for the purposes of Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act; or
(e) in the case of a person who:
(i) has claimed or is receiving a youth allowance or an austudy payment; and
(ii) is undertaking a tertiary course of education in any year or part of a year;
an amount necessary to cover the reasonable expenses incurred, or likely to be incurred, by the person in that year or that part of a year and that are directly related to his or her undertaking the course, including:
(iii) up front course fees; and
(iv) HECS payments; and
(v) union fees; and
(vi) costs of text books; and
(vii) costs of any tools or equipment required to undertake the course, including computer software; and
(viii) expenses directly related to any field trips undertaken for the purposes of the course; and
(ix) such other expenses as are approved by the Secretary.
18 Paragraph 14A(3)(a) and subparagraph 14A(3)(b)(ii)
Before “newstart”, insert “youth allowance, austudy payment,”.
19 Paragraphs 14A(5)(b) and (c)
After “work”, insert “or study”.
20 After subsection 14A(5)
Insert:
(5A) If:
(a) a person has or had a debt not related to the person’s principal home or to any other residential property in which the person holds or held, solely or jointly, any right or interest; and
(b) since becoming qualified for youth allowance or austudy payment (as the case requires), the person has, in order to discharge the debt in whole or in part, made a payment that the person was not obliged to make; and
(c) since becoming qualified for youth allowance or austudy payments (as the case requires), the person had not already made such a payment in order to discharge that debt in part;
the amount of the payment referred to in paragraph (b) is to be disregarded for the purposes of determining the amount of the person’s liquid assets.
21 Subsection 14A(6)
After “section”, insert “549A, 575A,”.
22 Subsection 17(1) (definition of former payment type )
Add at the end:
; or (p) a youth training allowance under Part 8 of the Student Assistance Act 1973 as previously in force.
23 Subsection 19C(1) (paragraph (c) of the note)
Repeal the paragraph.
24 Subsection 19C(2)
After “claim for”, insert “austudy payment or”.
25 Section 22 (paragraph (b) of the definition of review )
Omit “ and Youth ”.
26 Subsection 23(1) (paragraph (a) of the definition of activity test breach )
After “section”, insert “550A, 576A,”.
27 Subsection 23(1) (paragraph (a) of the definition of activity test breach rate reduction period )
After “section”, insert “557, 582 or”.
28 Subsection 23(1) (paragraph (a) of the definition of activity test non‑payment period )
After “section”, insert “550, 576 or”.
29 Subsection 23(1) (paragraph (a) of the definition of administrative breach rate reduction period )
After “section”, insert “558, 583 or”.
30 Subsection 23(1) (definition of approved program of work supplement )
Add at the end “or under section 556A to a person receiving youth allowance”.
31 Subsection 23(1) (definition of AUSTUDY allowance )
Add at the end “, being the scheme under Part 2 of the Student Assistance Act 1973 as previously in force”.
32 Subsection 23(1) (definition of automatic deferment provision )
Repeal the definition.
33 Subsection 23(1) (definition of education leavers waiting period )
Repeal the definition.
34 Subsection 23(1) (definition of family member )
Repeal the definition, substitute:
"family member" has the meaning given by subsections (14) and (15).
35 Subsection 23(1) (definition of income maintenance period )
Omit “1067‑H5G and 1067‑H5H, 1067E‑G6G and 1067E‑G6H”, substitute “1067G‑H11 and 1067G‑H12, 1067L‑D5 and 1067L‑D6”.
36 Subsection 23(1) (after paragraph (b) of the definition of newly arrived resident’s waiting period )
Insert:
(c) a youth allowance newly arrived resident’s waiting period under section 549D; or
(ca) an austudy payment newly arrived resident’s waiting period under section 575D; or
(cb) a pensioner education supplement newly arrived resident’s waiting period under section 1061PU; or
37 Subsection 23(1) (after paragraph (ga) of the definition of recipient notification notice )
Insert:
(h) section 561B (youth allowance); or
(ha) section 586B (austudy payment); or
(hb) section 1061PZQ (pensioner education supplement); or
38 Subsection 23(1) (after paragraph (ga) of the definition of recipient statement notice )
Insert:
(h) section 561C (youth allowance); or
(ha) section 586C (austudy payment); or
(hb) section 1061PZR (pensioner education supplement); or
39 Subsection 23(1) (subparagraph (b)(ii) of the definition of Secretary )
Omit “ and Youth ”.
40 Subsection 23(1) (after paragraph (aa) of the definition of social security benefit )
Insert:
(aab) youth allowance; or
(aac) austudy payment; or
41 Subsection 23(1) (after paragraph (g) of the definition of social security entitlement )
Insert:
(ha) a youth allowance; or
(hb) an austudy payment; or
42 Subsection 23(1) (paragraph (a) of the definition of social security recipient status )
Omit “job search allowance” (first occurring), substitute “youth allowance, an austudy payment”.
43 Subsection 23(1) (paragraphs (a) and (b) of the definition of social security recipient status )
Omit “a job search allowance,”.
44 Subsection 23(1) (paragraphs (c), (fd) and (i) of the definition of waiting period )
Repeal the paragraphs.
45 Subsection 23(1) (definition of youth training allowance )
Add at the end “as previously in force”.
46 Subsection 23(4A)
After “Parts”, insert “2.11,”.
47 Subparagraph 23(6)(b)(ii)
Omit “or a youth training allowance”.
48 Sub‑subparagraph 23(7)(b)(ii)(B)
Repeal the sub‑subparagraph.
49 Subsection 23(10AA)
Repeal the subsection.
50 Subsection 23(10B)
After “sections”, insert “549A to 549C, 575A to 575C,”.
51 At the end of section 23
Add:
(14) For the purposes of this Act other than Part 2.11 and the Youth Allowance Rate Calculator in section 1067G, each of the following is a family member in relation to a person (the relevant person ):
(a) the partner, father or mother of the relevant person;
(b) a sister, brother or child of the relevant person;
(c) any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as one of the relevant person’s relations described in paragraph (a) or (b).
(15) For the purposes of Part 2.11 and the Youth Allowance Rate Calculator in section 1067G, each of the following is a family member in relation to a person (the relevant person ):
(a) a parent of the relevant person;
(b) a child of a parent of the relevant person who is wholly or substantially dependent on the parent, being either a child under 16 or a child who:
(i) is at least 16 years of age but has not yet attained the maximum age for youth allowance under section 543B (disregarding subsection 543B(2)); and
(ii) is not independent (see section 1067A); and
(iii) is not receiving a pension, benefit or allowance referred to in Module L of the Rate Calculator.
Note: For parent see subsection 5(1), paragraph (b) of the definition of parent .
Part 2 — Amendments relating to newstart allowance
52 Subparagraph 593(1)(g)(i)
Omit “16”, substitute “21”.
53 Paragraph 593(1)(i)
Omit “youth training allowance”, substitute “youth allowance”.
54 Subsection 593(1) (note 12)
Omit “youth training allowance” (wherever occurring), substitute “youth allowance”.
55 Subsection 593(1) (note 12)
Omit “section 67 of the Student and Youth Assistance Act 1973 ”, substitute “section 540C”.
56 Subparagraph 593(1B)(b)(i)
Omit “16”, substitute “21”.
57 Paragraph 593(1B)(c)
Omit “youth training allowance”, substitute “youth allowance”.
58 Subparagraph 593(2)(g)(i)
Omit “18”, substitute “21”.
59 Paragraph 593(2)(i)
Omit “youth training allowance”, substitute “youth allowance”.
60 Subsection 593(2) (note 9)
Omit “youth training allowance” (wherever occurring), substitute “youth allowance”.
61 Subsection 593(2) (note 9)
Omit “section 67 of the Student and Youth Assistance Act 1973 ”, substitute “section 540C”.
62 Subsection 593(2B)
Repeal the subsection.
63 Subparagraph 603A(3)(a)(ii)
Repeal the subparagraph, substitute:
(ii) subsection 542H(1) of this Act;
64 Subsection 604(1B)
Repeal the subsection.
65 Paragraph 604(2)(b)
Repeal the paragraph, substitute:
(b) immediately before that day, the person was a party to a Youth Allowance Activity Agreement; and
66 Subparagraph 607A(1)(a)(i)
Repeal the subparagraph.
67 Subparagraph 607A(1)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a youth allowance; and
68 Subparagraph 607B(1)(a)(i)
Repeal the subparagraph.
69 Subparagraph 607B(1)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a youth allowance; and
70 Subparagraph 607B(2)(a)(i)
Repeal the subparagraph.
71 Subparagraph 607B(2)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a youth allowance; and
72 Subsection 611(1A)
Repeal the subsection.
73 Paragraph 615(1)(aa)
Omit “youth training allowance” (wherever occurring), substitute “youth allowance”.
74 Subparagraph 620(1)(j)(ii)
Omit “, social security benefit or youth training allowance”, substitute “or social security benefit”.
75 Subsection 621(5)
Repeal the subsection.
76 Paragraphs 621(7)(a) and (c)
After “work”, insert “or study”.
77 Paragraph 635(3)(a)
Omit “youth training allowance”, substitute “youth allowance”.
78 Section 643
Repeal the section, substitute:
A person’s newstart allowance rate is to be worked out using Benefit Rate Calculator B at the end of section 1068.
Note: For double payments on release from gaol see section 1161.
79 Section 644A
Repeal the section.
Part 3 — Amendments relating to sickness allowance
80 Paragraph 666(1)(a)
After “work”, insert “or study”.
81 Paragraph 666(1)(ca)
Omit “either”, substitute “one”.
82 Subparagraph 666(1)(ca)(ii)
Omit “the AUSTUDY scheme or”.
83 At the end of paragraph 666(1)(ca)
Add:
(iii) immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends; and
84 Paragraph 666(1)(e)
Omit “16”, substitute “21”.
85 Subsections 666(1A) and (1B)
Repeal the subsections.
86 Paragraph 667(4)(a)
Omit “16”, substitute “21”.
87 Subsection 667(4A)
Repeal the subsection.
88 Paragraph 676(1)(a)
After “work”, insert “or study”.
89 Subsection 676(1) (note 3)
Repeal the note.
90 At the end of subsection 676(2)
Add:
Note: For transferee to sickness allowance see subsections 23(6) and (7).
91 Subsection 676(3)
Repeal the subsection, substitute:
(3) The liquid assets test waiting period in relation to the claim is to be worked out under subsections (3A), (3B) and (3C).
(3A) Work out the number of formula weeks (disregarding any fractions of a week) in relation to the claim using the formula:
width=285>
where:
"liquid assets" means the person’s liquid assets.
"maximum reserve amount" means the maximum reserve in relation to the person under subsection 14(1).
"divisor" means, in relation to a person:
(a) if the person is not a member of a couple and does not have a dependent child—$500; or
(b) otherwise—$1,000.
(3B) If the number of formula weeks is equal to or greater than 13 weeks, the liquid assets test waiting period in relation to the claim is 13 weeks.
(3C) If subsection (3B) does not apply, the liquid assets test waiting period in relation to the claim is the number of weeks equal to the number of formula weeks.
92 At the end of subsection 676(4)
Add “or study”.
93 At the end of paragraph 676(4A)(a)
Add “or study”.
94 Paragraph 676(4A)(c)
After “work” (first occurring), insert “or study”.
95 At the end of paragraph 676(4A)(c)
Add “or study”.
96 Subsection 676(5)
Repeal the subsection, substitute:
(5) If:
(a) a person becomes qualified for austudy payment; and
(b) because of paragraph 572(c), austudy payment is not payable to the person while the person is subject to a liquid assets test waiting period (see section 575A); and
(c) within the liquid assets test waiting period referred to in paragraph (b):
(i) the person becomes incapacitated for study; and
(ii) the person claims sickness allowance;
the liquid assets test waiting period in relation to the claim for sickness allowance starts on the day on which the person becomes qualified for austudy payment.
97 Subsection 680(2)
Repeal the subsection.
98 Subsection 694(7)
Repeal the subsection.
99 Section 709
Repeal the section, substitute:
A person’s sickness allowance rate is to be worked out using Benefit Rate Calculator B at the end of section 1068.
100 Sections 713 and 714
Repeal the sections.
Part 4 — Amendments relating to family allowance
101 Paragraph 838(1A)(a)
Omit “, youth training allowance”.
102 Section 843
Add at the end:
(4) If:
(a) a person ( youth allowance claimant ) makes a claim for youth allowance ( initial claim ); and
(b) on the day on which the initial claim is made, another person is qualified for family allowance for the youth allowance claimant; and
(c) that person subsequently makes a claim for family allowance in respect of the youth allowance claimant; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to that person;
that person’s provisional commencement day is the day on which the initial claim is made.
103 At the end of section 894
Add:
; and (c) subject to subsection (2), the child’s age during the bereavement rate continuation period were taken to be the age of the child when he or she died.
(2) Paragraph (1)(c) does not apply to a child who was 12 years of age when he or she died.
104 Subsection 1069‑B2(1) (table item 3)
Omit “$55.70”, substitute “$23.50”.
105 At the end of point 1069‑H30
Add:
; or (c) a child who is receiving a youth allowance.
106 Point 1070‑E1 (definition of ordinary income )
After “include”, insert “a pensioner education supplement or”.
Part 5 — Amendment relating to child disability allowance
107 After subparagraph 953(b)(iii)
Insert:
(iiia) the child receiving youth allowance; or
Part 6 — Amendments relating to family tax payments
108 After subsection 900AA(1)
Insert:
(1A) A person (the young person ) who is receiving a youth allowance is taken to be a dependent child of another person for the purposes of this Division if:
(a) but for paragraph 5(6)(b), the young person would be a dependent child of that other person; and
(b) the young person is not independent within the meaning of section 1067A; and
(c) the young person is under 18 years of age and is undertaking full-time secondary study.
109 Subsection 900AA(3)
Omit “subsection (4)”, substitute “subsections (1A) and (4)”.
110 After subsection 900AD(3)
Insert:
(3A) Subject to subsections (5) and (6), a person is qualified for family tax payment if:
(a) the person has at least one FTP child; and
(b) either:
(i) that child is a dependent child of the person because of the operation of subsection 900AA(1A); or
(ii) that child is a person referred to in subsection 900AA(4); and
(c) the person has a notional family allowance excess.
Note: For notional family allowance excess see subsection (3B).
(3B) Use the Method statement below to work out if a person has a notional family allowance excess for the purposes of subsection (3A).
Method statement
Step 1. Work out the person’s family allowance rate using the Family Allowance Rate Calculator in section 1069 as if the amount in column 3 of item 3 of Table B in point 1069-B2 were $60.20 and each FTP child of the person were an FA child.
Step 2. Work out the person’s minimum family allowance rate (see subsection 6(1)) as if each FTP child of the person were an FA child.
Step 3. If the person’s family allowance rate is greater than the person’s minimum family allowance rate, the person has a notional family allowance excess .
Part 7 — Amendments relating to education leaver’s waiting period
111 Paragraph 608(1)(h)
Repeal the paragraph.
112 Subsection 615(7)
Repeal the subsection.
113 Subsection 616(2) (paragraph (c) of note 2)
Repeal the paragraph.
114 Subsection 616(2) (note 4)
Repeal the note.
115 Subsection 616A(2) (paragraph (c) of note 1)
Repeal the paragraph.
116 Subsection 616A(3) (note 2)
Repeal the note.
117 Subsection 616A(5) (note 2)
Repeal the note.
118 Sections 622, 623 and 623AA
Repeal the sections.
119 Paragraph 677(1)(i)
Repeal the paragraph.
120 Subsection 687(3)
Repeal the subsection.
121 Subsection 688(2) (paragraph (c) of note 1)
Repeal the paragraph.
122 Subsection 688(3) (note 2)
Repeal the note.
123 Subsection 688(6) (note 2)
Repeal the note.
124 Subsection 694(1) (note 2)
Repeal the note.
125 Sections 695, 696 and 696A
Repeal the sections.
Part 8 — Amendments relating to education entry payments and employment entry payments
126 Paragraph 661(1)(a)
Omit “18”, substitute “21”.
127 Subparagraph 661(1)(c)(i)
Omit “a job search allowance or”.
128 Sections 663 and 664
Repeal the sections.
129 Subsection 665(1)
Omit “663”.
130 Paragraphs 665A(b) and (ba)
Repeal the paragraphs, substitute:
(b) a pension education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
131 Paragraphs 665E(b) and (c)
Repeal the paragraphs, substitute:
(b) a pension education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
132 Paragraphs 665I(b) and (c)
Repeal the paragraphs, substitute:
(b) a pension education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
133 Paragraphs 665M(c) and (d)
Repeal the paragraphs, substitute:
(c) a pensioner education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
134 Division 6 of Part 2.13A (heading)
Repeal the heading, substitute:
135 Subparagraph 665U(1)(a)(i)
Omit “AUSTUDY scheme or”.
136 Subparagraph 665U(1)(b)(i)
Omit “or a youth training allowance”.
137 Subparagraph 665U(1)(c)(i)
Omit “or youth training allowance”.
138 Subparagraphs 665U(1)(c)(ii) and (iii)
Omit “AUSTUDY scheme or”.
139 Subparagraph 665U(1)(c)(iv)
Repeal the subparagraph.
140 Subparagraph 665Y(a)(i)
Omit “AUSTUDY or”.
141 Subparagraph 665ZC(a)(i)
Omit “AUSTUDY scheme or”.
142 Paragraphs 665ZFA(b) and (c)
Repeal the paragraphs, substitute:
(b) a pensioner education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
143 Subparagraphs 665ZG(a)(i), 665ZL(a)(i) and 665ZQ(a)(i)
Omit “AUSTUDY scheme or”.
Part 9 — Amendments relating to incorrect or inappropriate claims
144 Subparagraphs 46(2)(a)(ia)
Repeal the subparagraph.
145 Subparagraph 100(2)(a)(ia)
Repeal the subparagraph.
146 Subparagraph 150(2)(a)(ia)
Repeal the subparagraph.
147 Subparagraph 201(2)(a)(ia)
Repeal the subparagraph.
148 Subparagraph 318(2)(a)(ia)
Repeal the subparagraph.
149 Subparagraph 366(2)(a)(ia)
Repeal the subparagraph.
150 Subparagraph 415(2)(a)(ia)
Repeal the subparagraph.
151 Subparagraph 500K(3)(a)(ia)
Repeal the subparagraph.
152 Subparagraph 615(2)(a)(ia)
Repeal the subparagraph.
153 Subparagraph 660XCC(2)(a)(ia)
Repeal the subparagraph.
154 Subparagraph 660XCK(2)(a)(ia)
Repeal the subparagraph.
155 Subparagraph 660YCC(2)(a)(ii)
Repeal the subparagraph.
156 Subparagraph 689(a)(ia)
Repeal the subparagraph.
157 Subparagraph 731(2)(a)(ia)
Repeal the subparagraph.
158 Subparagraph 771HN(2)(a)(ia)
Repeal the subparagraph.
159 Subparagraph 784(2)(a)(ia)
Repeal the subparagraph.
Part 10 — Amendments relating to claims made by telephone, facsimile or computer
160 Subparagraph 100A(1)(a)(iv)
Repeal the subparagraph, substitute:
(iv) a youth allowance; or
(v) an austudy payment; and
161 Paragraph 500M(1)(a)
After “section 100A”, insert “, 554C, 579C”.
162 Subparagraph 615A(1)(a)(iv)
Repeal the subparagraph, substitute:
(iv) a youth allowance; or
(v) an austudy payment; and
163 Subparagraph 687A(1)(a)(iv)
Repeal the subparagraph, substitute:
(iv) a youth allowance; or
(v) an austudy payment; and
Part 11 — Amendments relating to multiple entitlement exclusion provisions
164 Paragraphs 103(2)(b), 202(2)(b), 321(2)(b) and 500S(3)(b)
Omit “, youth training allowance”.
165 Paragraph 500T(2)(b)
Omit “or a youth training allowance”.
166 Subsection 500T(2) (note 3)
Repeal the note.
167 Paragraph 614(2)(b)
Omit “, a youth training allowance”.
168 Subsection 686(1)
Omit “, a newstart allowance or a youth training allowance”, substitute “or a newstart allowance”.
169 Paragraphs 686(2)(b) and 771HI(2)(b)
Omit “, a youth training allowance”.
Part 12 — Amendments relating to automatic termination provisions
170 Paragraphs 136(b), 175B(b), 225A(b), 225B(c), 344A(b), 392A(b) and 508(2)(b)
Omit “, youth training allowance”.
171 Paragraphs 660A(b), 660XJB(b), 660XJC(b), 728D(b), 762A(b) and 771NB(b)
Omit “, a youth training allowance”.
172 Sections 175B, 225A, 225B, 344A, 392A, 508, 660A, 660XJB, 660XJC, 728D, 762A and 771NB
Omit “, benefit or allowance”, substitute “or benefit”.
173 Paragraph 508A(2)(b)
Omit “or a youth training allowance”.
174 Subsection 508A(2)
Omit “or youth training allowance”.
Part 13 — Amendments relating to automatic rate reduction provisions
175 Subparagraph 73A(b)(ia)
Repeal the subparagraph.
176 Subparagraph 141(b)(ia)
Repeal the subparagraph.
177 Subparagraph 227A(b)(ia)
Repeal the subparagraph.
178 Subparagraph 509A(b)(ii)
Repeal the subparagraph.
179 Paragraph 509A(c)
Omit “, benefit or allowance”, substitute “or benefit”.
180 Section 509A
Omit “, benefit or allowance” (last occurring), substitute “or benefit”.
181 Subparagraphs 660E(b)(ii)
Repeal the subparagraph.
182 Subparagraph 660XJF(b)(ia)
Repeal the subparagraph.
183 Paragraph 660XJF(c)
Omit “, benefit or allowance”, substitute “or benefit”.
184 Section 660XJF
Omit “, benefit or youth training allowance”, substitute “or benefit”.
185 Paragraph 728G(b)
Omit “(ii) a youth training allowance; or”.
186 Paragraph 728G(c)
Omit “, benefit or youth training allowance”, substitute “or benefit”.
187 Section 728G
Omit “, benefit or youth training allowance” (last occurring), substitute “or benefit”.
188 Paragraph 771NH(b)
Omit “or a youth training allowance”.
189 Paragraph 771NH(c)
Omit “or youth training allowance”.
190 Section 771NH
Omit “or youth training allowance” (last occurring).
Part 14 — Amendments relating to mobility allowance
191 Subparagraph 1035(ba)(ii)
Omit “or youth training allowance under the Student and Youth Assistance Act 1973 ”, substitute “youth allowance or austudy payment”.
192 Subparagraph 1058(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii) to receive youth allowance for a reason other than the application of section 541A, 544A, 544C, 550, 553B or 565C; or
(iii) to receive an austudy payment for a reason other than the application of section 569, 576 or 590C; or
Part 15 — Amendments relating to special benefit
193 Paragraph 729(2)(ba)
Repeal the paragraph.
194 Paragraph 729(2)(c)
Omit “solely”.
195 Paragraph 729(2)(d)
Omit “solely by”, substitute “because of”.
196 Paragraphs 729(2)(da) and (db)
Repeal the paragraphs, substitute:
(da) the person is not disqualified for a youth allowance for the period because of the operation of:
(i) section 541A (failure to satisfy the activity test); or
(ii) section 544 (requirements relating to Youth Allowance Activity Agreements); and
(db) the person is not disqualified for an austudy payment for the period because the person fails to satisfy the activity test within the meaning of section 569; and
(dc) youth allowance is not payable to the person for the period and that result is not because of the operation of:
(i) section 550 (application of activity test non‑payment period); or
(ii) section 553B (move to an area of lower employment prospects); or
(iii) section 565C (failure to comply with section 561C, 1304 or 1305 notices); and
(dd) austudy payment is not payable to the person for the period and that result is not because of the operation of:
(i) section 576 (application of activity test non‑payment period); or
(ii) section 588D (non‑compliance with section 586C notification obligations); and
197 Subsection 729(4A)
Omit “(db) a youth training allowance”, substitute “(dc) a youth allowance”.
198 After subsection 729(4A)
Insert:
(4B) For the purposes of paragraph (2)(dd), an austudy payment is taken not to be payable to a person for a period because of the operation of a provision if:
(a) the person has claimed the payment for the period and the payment is not payable to the person because of the operation of the provision; or
(b) were the person to claim the payment for the period, the payment would not be payable to the person because of the operation of the provision.
199 Subsections 737(1) and 738(1)
Omit “16” (wherever occurring), substitute “18”.
200 Subsection 746(2)
Omit “youth training allowance” (wherever occurring), substitute “youth allowance, austudy payment”.
Part 16 — Amendments relating to exclusion from assets test
201 Subsections 611(1) and (1A)
Repeal the subsections, substitute:
(1) A newstart allowance is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.
202 Subsections 680(1) and (2)
Repeal the subsections, substitute:
(1) A sickness allowance is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.
203 Paragraphs 733(2)(b) to (e)
Repeal the paragraphs, substitute:
(b) is not independent within the meaning of section 1067A.
Part 17 — Amendments relating to the value of the assets of members of couples
204 Subparagraph 612(1)(b)(ii)
Omit “and”.
205 Subparagraph 612(1)(b)(iii)
Repeal the subparagraph.
206 Subparagraph 612(2)(b)(ii)
Omit “or”.
207 Subparagraph 612(2)(b)(iii)
Repeal the subparagraph.
208 Subparagraphs 681(1)(b)(ii) and (2)(b)(ii)
Omit “or youth training allowance”.
209 Subparagraphs 734(1)(b)(ii) and (2)(b)(ii)
Omit “or a youth training allowance”.
Part 18 — Amendments relating to partner allowance
210 Subparagraph 771HA(1)(c)(i)
Before “newstart”, insert “youth allowance, austudy payment,”.
211 Subparagraph 771HA(1)(c)(ii)
Omit “AUSTUDY allowance,”.
212 After subsection 771HA(1B)
Insert:
(1BA) For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving youth allowance if the person’s partner would be receiving youth allowance except for the imposition of:
(a) a period of non‑payment under Subdivision D of Division 2 of Part 2.11; or
(b) an employment-related exclusion under section 553A or 553B.
(1BB) For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving austudy payment if the person’s partner would be receiving austudy payment except for the imposition of a period of non‑payment under Subdivision E of Division 2 of Part 2.11A.
213 Subsection 771HA(3)
Omit “youth training allowance”, substitute “youth allowance, austudy payment,”.
214 Paragraph 771HA(3)(b)
Repeal the paragraph, substitute:
(b) a period of non‑payment applies to the person under paragraph 608(1)(j), Subdivision D of Division 2 of Part 2.11 or Subdivision E of Division 2 of Part 2.11A; or
(c) the person is subject to an employment‑related exclusion for a period under section 553B or 553C;
215 At the end of subsection 771HA(3)
Add:
Note 4: Subdivision D of Division 2 of Part 2.11 and Subdivision E of Division 2 of Part 2.11A provide respectively for non‑payment periods for youth allowance recipients and non‑payment periods for austudy payment recipients in certain circumstances.
216 Subsection 771HA(3A)
Omit “Part 2.12 or Part 8 of the Student and Youth Assistance Act 1973 ”, substitute “Subdivision B of Division 5 of Part 2.11, Subdivision B of Division 5 of Part 2.11A or Subdivision AA of Division 4 of Part 2.12”.
217 Subsection 771HA(3B)
Omit “Part 2.12 or Part 8 of the Student and Youth Assistance Act 1973 ”, substitute “Subdivision C of Division 5 of Part 2.11, Subdivision C of Division 5 of Part 2.11A or Subdivision B of Division 4 of Part 2.12”.
218 Subsection 771KE(2)
Omit “youth training allowance” (wherever occurring), substitute “youth allowance, austudy payment”.
219 Paragraph 771NU(3)(a)
Repeal the paragraph.
220 Paragraph 771NU(3)(aa)
Omit “youth training allowance” (first occurring), substitute “youth allowance or an austudy payment”.
221 Subparagraph 771NU(3)(aa)(i)
Omit “youth training allowance”, substitute “youth allowance or austudy payment (as the case may be)”.
222 Subsection 771NX(2)
Repeal the subsection.
223 Subsection 771NX(2A)
Omit “youth training allowance” (first and second occurring), substitute “youth allowance or austudy payment”.
Note: The heading to subsection 771NX(2A) is altered by omitting “ youth training allowance ” and substituting “ youth allowance or austudy payment ”.
224 Paragraph 771NX(2A)(a)
Omit “youth training allowance”, substitute “youth allowance or an austudy payment”.
Part 19 — Amendments relating to parenting payment
225 Paragraph 500I(1)(i)
Omit “or youth training allowance”, substitute “, youth allowance or austudy payment”.
226 Subparagraph 500K(3)(a)(ia)
Repeal the subparagraph.
227 Paragraph 500M(1)(a)
Before “615A”, insert “554C, 579C,”.
228 Paragraph 500M(1)(a)
Omit “, or section 91A of the Student and Youth Assistance Act 1973 ,”.
229 Paragraph 500S(3)(b)
Omit “, youth training allowance”.
230 Paragraph 500T(2)(b)
Omit “or a youth training allowance”.
231 Subsection 500T(2) (note 3)
Repeal the note.
232 Paragraph 500V(2)(a)
Repeal the paragraph.
233 Paragraphs 500Y(2)(c) and (d)
Repeal the paragraphs, substitute:
(c) a period of non‑payment of youth allowance has been applied to the person under Subdivision D of Division 2 of Part 2.11; or
(d) the person is subject to an employment‑related exclusion for a period under section 553B or 553C; or
(e) an activity test breach rate reduction period or an administrative breach rate reduction for youth allowance has been applied to the person under Subdivision B or C of Division 5 of Part 2.11; or
(f) a period of non‑payment of austudy payment has been applied to the person under Subdivision E of Division 2 of Part 2.11A; or
(g) an activity test breach rate reduction period or an administrative breach rate reduction for austudy payment has been applied to the person under Subdivision B or C of Division 5 of Part 2.11A;
Note: The heading to section 500Y is altered by omitting “ and youth training allowance ” and substituting “ , youth allowance and austudy payment ”.
234 Paragraph 508(2)(b)
Omit “, youth training allowance”.
235 Subsection 508(2)
Omit “pension, benefit or allowance”, substitute “social security pension, the benefit or the service pension”.
236 Paragraph 508A(2)(b)
Omit “or a youth training allowance”.
237 Subsection 508A(2)
Omit “or youth training allowance”.
238 Paragraphs 508B(c) and 509E(2)(b)
Omit “an AUSTUDY allowance”, substitute “a payment under the ABSTUDY scheme (the ABSTUDY payment )”.
Note: The headings to sections 508B and 509E are altered by omitting “ AUSTUDY allowance ” and substituting “ a payment under the ABSTUDY scheme ”.
239 Section 508B and subsection 509E(2)
Omit “the AUSTUDY allowance”, substitute “the ABSTUDY payment”.
240 Paragraph 1068A‑E17(d)
Omit “or the AUSTUDY scheme”.
241 Paragraph 1068B‑B2(c)
Omit “an AUSTUDY allowance”, substitute “a payment under the ABSTUDY scheme”.
Part 20 — Amendments relating to advance payments
242 Subsection 1061A(1)
Omit “subsection (4)”, substitute “this section”.
243 After subsection 1061A(1)
Insert:
(2) The Secretary may determine in writing that paragraph (1)(b) does not apply to a person who has applied for an advance of youth allowance or austudy payment and the determination has effect accordingly. The determination is a disallowable instrument.
244 Subsections 1061EE(1) and (6)
Before “mature age”, insert “youth allowance, austudy payment,”.
Note: The heading to section 1061EE is altered by inserting “ youth allowance, austudy payment, ” before “ mature age ”.
245 Subsection 1061EE(4)
Before “newstart”, insert “youth allowance, austudy payment or”.
Part 21 — Amendments relating to overpayment and debt recovery
246 Subsection 1222(1) (note 1)
Insert the following entry in its appropriate place:
• section 1227B debts—debts arising under Part 8 of the Student Assistance Act 1973 as in force immediately before 1 July 1998.
247 Subsection 1222(2) (after table item 8)
Insert:
| 8AA |
1227B (youth training allowance debts) | deductions legal proceedings garnishee notice | 1231, 1234A 1232 1233 |
248 Subparagraph 1223(7)(b)(iv)
Omit “newstart allowance—the rate of the person’s newstart allowance”, substitute “youth allowance or newstart allowance—the rate of the person’s allowance”.
249 Subsection 1223(7) (note)
Repeal the note, substitute:
Note: For newstart training supplement see section 644 and for approved program of work supplement see sections 556A and 644AAA.
250 Paragraph 1223AA(1)(b)
Before “section 658”, insert “section 561C (youth allowance), section 586C (austudy payment),”.
251 Paragraph 1224AA(1)(a)
Omit “instalment”, substitute “amount”.
252 After section 1227A
Insert:
If an amount that was a debt due to the Commonwealth under Part 8 of the Student Assistance Act 1973 (as in force immediately before 1 July 1998) remained still due immediately before that day, that amount is a debt that is due to the Commonwealth under this Act.
253 Subparagraph 1228(2)(c)(i)
After “Scheme”, insert “, being the scheme under Part 2 of the Student Assistance Act 1973 as previously in force”.
254 Paragraph 1228(2)(ca)
Repeal the paragraph.
255 Section 1230B
After “1227A”, insert “, 1227B”.
256 Subsection 1230C(2) (paragraph (a) of the definition of debt )
After “1227”, insert “, 1227B”.
257 Paragraph 1234A(1)(a)
After “ 1992 ”, insert “or incurred a debt under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998”.
258 After subsection 1237AAC(1)
Insert:
(1A) If:
(a) a debt arises from overpayments to a youth allowance recipient (the debtor ); and
(b) the debtor would have been an FA child of another person for the period when the overpayments were made if the debtor had not been a youth allowance recipient; and
(c) an amount of family allowance would have been payable to the other person in respect of the debtor for the period when the overpayments were made if:
(i) the debtor had been an FA child of the other person for that period; and
(ii) the other person had lodged a claim;
the Secretary must waive the debt to the extent set out in subsection (2A).
259 After subsection 1237AAC(2)
Insert:
(2A) The Secretary must waive under subsection (1A) the right to recover the amount of debt equal to the amount of family allowance that would have been payable to the other person in the 3-year period ending on the day on which the overpayment is stopped if:
(a) the debtor had been an FA child of the person; and
(b) the other person had lodged a claim for family allowance.
260 Subsection 1237AAC(3)
Omit “subsection (2)”, substitute “subsections (2) and (2A)”.
Part 22 — Amendments relating to compensation recovery
261 Paragraphs 1166(4)(b) and 1166(4A)(c)
Omit “a youth training allowance,”.
262 Subparagraph 1166(4A)(e)(ii)
Omit “youth training allowance or”.
263 Subparagraph 1166(4B)(e)(ii)
Omit “and any payments of youth training allowance”.
264 Paragraphs 1168(3A)(b) and 1168(3B)(b)
Omit “a youth training allowance”.
265 Paragraphs 1168(4)(c) and (d)
Omit “, a parenting payment or a youth training allowance”, substitute “or a parenting payment”.
266 Subsection 1168(5) (definition of Partner’s excess compensation rate )
Omit “parenting payment or youth training allowance”, substitute “or parenting payment”.
267 Paragraphs 1170(4)(b) and 1170(4A)(b)
Omit “a youth training allowance,”.
268 Subparagraph 1170(4A)(d)(ii)
Omit “youth training allowance or a”, substitute “the”.
269 Subparagraph 1170(4B)(d)(ii)
Omit “and (if applicable) payment of youth training allowance”.
270 Paragraphs 1174(5)(b), 1174(6)(b), 1179(5)(b) and 1179(6)(b)
Omit “or a youth training allowance”.
271 Subparagraph 1174(6)(c)(ii)
Omit “youth training allowable or”.
272 Subparagraph 1179(6)(c)(ii)
Omit “and (if applicable) amounts of youth training allowance”.
Part 23 — Amendments relating to the review of decisions
273 Subsection 1239(1) (note 1)
After “509F,”, insert “563E, 564C, 588D, 589C,”.
274 Subsection 1239(1) (note 1)
After “510H,”, insert “565D, 590D,”.
275 After section 1242A
Insert:
(1) This section applies to a decision to give a notice under section 544C because of a person’s failure to agree to terms of a Youth Allowance Activity Agreement proposed by the Secretary (subparagraph 544C(1)(b)(iii)).
Note: Notice results in disqualification for youth allowance for failure to enter Youth Allowance Activity Agreement.
(2) If:
(a) a person applies under subsection 1240(1) or 1240(1AA) for review of a decision to which this section applies; and
(b) the person makes the application within 14 days after being notified of the decision;
the following provisions have effect:
(c) payment of the youth allowance is to be made pending the determination of the review, as if the Youth Allowance Activity Agreement had not been required;
(d) if payment of the allowance had ceased for a period before the person applied for the review—arrears of allowance are payable to the person for the period in spite of section 566A;
(e) this Act (other than this Chapter) applies as if the Youth Allowance Activity Agreement had not been required.
(3) Subsection (2) ceases to have effect if:
(a) the application for review is withdrawn; or
(b) the review of the decision is determined.
276 After subparagraph 1245(1)(a)(i)
Insert:
(ia) a decision under section 544B to the extent to which it relates to the terms of a Youth Allowance Activity Agreement that is in force; and
277 After subsection 1248(1)
Insert:
(1A) The Social Security Appeals Tribunal may only review a decision under section 544B (to the extent to which it relates to the terms of a Youth Allowance Activity Agreement that is in force) if the application is expressed to be an application for review of that decision.
278 Paragraph 1250(1)(d)
After “423”, insert “, 554A, 554B, 579A, 579B”.
279 After section 1252A
Insert:
(1) If:
(a) a decision has been made, whether before or after the commencement of this paragraph, to give a notice under section 544C because of a person’s failure to agree to terms of a Youth Allowance Activity Agreement proposed by the Secretary (subparagraph 544C(1)(b)(iii)); and
(b) a person applies to the Social Security Appeals Tribunal under subsection 1247(1) for review of the decision; and
(c) the person makes the application within 14 days after being notified of the decision;
the following provisions have effect:
(d) payment of the youth allowance is to be made pending the determination of the review, as if the Agreement had not been required;
(e) if payment of the allowance had ceased for a period before the person applied for the review—arrears of allowance are payable to the person for the period in spite of section 566A;
(f) this Act (other than this Chapter) applies as if the Agreement had not been required.
(2) Subsection (1) ceases to have effect if:
(a) the application for review is withdrawn; or
(b) the review of the decision is determined.
280 Section 1254A
After “force” (second occurring), insert “, a decision under section 544B to the extent to which it relates to the terms of the Youth Allowance Activity Agreement that is in force”.
281 After paragraph 1255(6)(a)
Insert:
(ab) a decision under section 544B to the extent to which it relates to the terms of a Youth Allowance Activity Agreement that is in force; or
282 After paragraph 1256A(1)(a)
Insert:
(ab) a decision under section 544B to the extent to which it relates to the terms of a Youth Allowance Activity Agreement that is in force; or
283 Subsections 1260(1), 1261(1A) and 1263(1), paragraph 1264(2)(b), subsection 1269(1), paragraphs 1273(2)(b), 1273(2)(c), 1279(1)(a) and 1279(5)(aa)
Omit “ and Youth ”.
284 Subsection 1261(1)
Omit all the words to and including “the Secretary”, substitute “If an application under Part 6.2 of this Act, under Division 2 of Part 9 of the Student Assistance Act 1973 or under Part 2 of Chapter 9 of the Child Care Payments Act 1997 is sent or delivered to an office of the Agency, the Secretary”.
Part 24 — Miscellaneous amendments
285 Subparagraph 82(5)(b)(iib)
Repeal the subparagraph.
286 Subsections 94(6) and 95(2)
Omit “or youth training allowance”, substitute “, youth training allowance, youth allowance or austudy payment”.
287 Paragraph 98(1)(f)
Omit “or a youth training allowance”.
288 Subparagraph 146F(5)(b)(iib)
Repeal the subparagraph.
289 Paragraph 148(1)(d)
Omit “or a youth training allowance”.
290 Sub-subparagraph 236A(1)(d)(ii)(BA)
Repeal the sub‑subparagraph.
291 Subsections 316(1)(c) and 364(1)(c)
Omit “or a youth training allowance”.
292 Subparagraph 408CF(6)(c)(i)
Repeal the subparagraph.
293 Paragraph 500I(1)(i)
Omit “or youth training allowance”, substitute “, youth allowance or austudy payment”.
294 Subparagraph 660XCO(1)(a)(i)
Repeal the subparagraph.
295 Subparagraph 660XKA(6)(b)(iib)
Repeal the subparagraph.
296 Paragraph 660XKA(7)(a)
Omit “, job search allowance”.
297 Subparagraph 660YCG(3)(c)(i)
Repeal the subparagraph.
298 Subsection 666(9)
After “obtaining”, insert “youth allowance, austudy payment,”.
299 Subsection 667(5)
After “obtaining”, insert “youth allowance, austudy payment,”.
300 Subparagraph 738(3)(b)(i)
Repeal the subparagraph.
301 Paragraph 771HC(1)(c)
Omit “or a youth training allowance,”.
302 Paragraph 771HJ(a)
Repeal the paragraph.
303 Subparagraph 822(5)(b)(iib)
Repeal the subparagraph.
304 Paragraph 831A(3)(aa)
Repeal the paragraph.
305 Subsection 1061P(2) (notes 1 and 2)
Omit “, a social security benefit or a youth training allowance”, substitute “or a social security benefit”.
306 Paragraph 1064‑E8(d)
Omit “or the AUSTUDY scheme”.
307 Paragraph 1066‑E6(d)
Omit “or the AUSTUDY scheme”.
308 Paragraph 1066A‑F7(d)
Omit “or the AUSTUDY scheme”.
309 Point 1069‑H1 and paragraph 1069‑K2(a)
Omit “, a youth training allowance”.
310 Section 1073
Omit “1067‑H5A to 1067‑H5R (inclusive), 1067E‑G6A to 1067E‑G6R”, substitute “1067G‑H5 to 1067G‑H20 (inclusive), 1067L‑D4 to 1067L‑D16”.
311 Paragraph 1131(2)(b)
Omit “or youth training allowance”, substitute “, youth allowance or
austudy payment”.
312 Paragraph 1161(1)(b)
After “widow allowance,”, insert “youth allowance, austudy payment,”.
313 Paragraph 1224B(1)(b)
Omit “an approved course of education under the AUSTUDY or ABSTUDY scheme”, substitute “the course in relation to which the education entry payment was made”.
314 Paragraph 1307(2)(j)
Repeal the paragraph, substitute:
(j) in relation to a course of study undertaken by the person:
(i) the name of the educational institution that the person is attending;
(ii) the name of any educational institution previously attended by the person;
(iii) the person’s enrolment status;
(iv) the person’s student identification number;
(v) the name of the course;
(vi) the course code;
(vii) the date on which the course starts;
(viii) the date on which the course ends;
(ix) the subject or unit code;
(x) the normal full‑time study work load for the course;
(xi) indicators of the person’s work load, including (but not limited to) effective full‑time student units, credit points, contact hours, number of subjects undertaken and number of assignments completed;
(xii) the number of semesters required to complete the course;
(xiii) the date on which the person first attended, or will first attend, the course;
(xiv) the date on which the person last attended, or will last attend, the course;
(xv) whether the person has discontinued the course and, if the person has discontinued the course, the date on which it happened;
(xvi) details of any unapproved absences from the course;
(xvii) the results or grade obtained by the person;
315 Subsection 1312(1), paragraph 1312(1A)(d), subparagraph 1312A(b)(i), section 1312A (note 2), paragraph 1312B(b), section 1313, paragraph 1314(1)(a) and subsection 1318(3)
Omit “Part 8 of the Student and Youth Assistance Act 1973 ,” (wherever occurring).
316 Paragraphs 1336(3)(c) and (d), subsections 1336(5) and (7) and section 1337
Omit “, the Student and Youth Assistance Act 1973 ”.
317 Subsection 1363(3)
Repeal the subsection.