STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 NO. 183, 1994 STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 NO. 183, 1994 - TABLE OF PROVISIONS 1. Short title etc. 2. Commencement 3. Title 4. Short title 5. Interpretation 6. Repeal of section 7. Binding of the Crown 8. Insertion of new sections 9. Benefits under the AUSTUDY scheme 10. Advances on account of benefit 11. Secretary to give student notice of entitlement 12. Payments to stop if student ceases to be eligible for financial supplement 13. What happens if student fails to notify change in circumstances 14. Payments to stop if student is found never to have been eligible for financial supplement 15. What happens if financial supplement was paid because of provision of false or misleading information 16. Death of student 17. Notice and a certificate to Commissioner 18. Explanation of Division 19. What happens if a decision of Secretary is set aside or varied 20. Repeal of Part 5 21. Recovery of certain overpayments by offsetting 22. Late payment charge and interest in relation to overpayment of a benefit 23. Determination that late payment interest not to be payable in relation to certain periods 24. Recovery of certain overpayments from third parties 25. Write off and waiver of certain overpayments etc. 26. Repeal of section 27. Repeal of sections 28. Obligation to notify happening of certain events 29. Offences 30. Proceedings against corporations 31. Evidentiary certificates 32. Repeal of sections 33. Appropriation 34. Repeal of section 35. Regulations 36. Addition of new Parts and Schedules 37. Transitional provision-acts and decisions of authorised persons and prescribed officers taken to be acts and decisions of Secretary 38. Transitional provision-internal review of student assistance benefit decision 39. Transitional provision-review of student assistance benefit decision not yet heard by SART 40. Transitional provision-review of student assistance benefit decision part-heard by SART 41. Transitional provision-members of SART to become members of SSAT (Assented to 23 December 1994) STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - LONG TITLE An Act to amend the Student Assistance Act 1973 STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 1 Short title etc. 1.(1) This Act may be cited as the Student Assistance (Youth Training Allowance) Amendment Act 1994. (2) In this Act, "Principal Act" means the Student Assistance Act 1973.*1* (Minister's second reading speech made in- House of Representatives on 20 October 1994 Senate on 28 November 1994) *1* No. 155, 1973, as amended. For previous amendments, see No. 26, 1982; No. 6, 1984 (as amended by No. 165, 1984); Nos. 72 and 120, 1984; No. 137, 1985; No. 114, 1986; Nos. 125, 130 and 141, 1987; No. 35, 1988; Nos. 76 and 171, 1989; Nos. 70, 95 and 147, 1991; No. 138, 1992; and Nos. 55, 63, 68, 78, 98 and 109, 1994. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 2 Commencement 2. This Act commences on 1 January 1995. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 3 Title 3. The title of the Principal Act is amended by inserting "and young people" after "students". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 4 Short title 4. Section 1 of the Principal Act is amended by inserting "and Youth" after "Student". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 5 Interpretation 5. Section 3 of the Principal Act is amended: (a) by omitting the definition of "officer" from subsection (1) and substituting the following definition: "'officer' means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Division 3 of Part 10, includes: (a) a person who has been such a person; and (b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under this Act; and (c) a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information concerning a person under this Act;"; (b) by omitting from subsection (1) the definitions of "authorised person" and "prescribed officer"; (c) by inserting in subsection (1) the following definitions: "'protected information' means information about a person that is held in the records of the Department of Employment, Education and Training or of the Department of Social Security; 'student assistance benefit' means a payment under: (a) the AUSTUDY scheme; or (b) the Student Financial Supplement Scheme; or (c) a current or former special educational assistance scheme;". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 6 Repeal of section 6. Section 4 of the Principal Act is repealed. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 7 Binding of the Crown 7. Subsection 5(1) of the Principal Act is repealed and the following subsection is substituted: "(1) This Act other than: (a) Part 8 but subject to section 249; and (b) Part 9, in so far as it relates to youth training allowance; and (c) Part 10, in so far as it relates to youth training allowance but subject to subsection 342(2); binds the Crown in all its capacities.". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 8 Insertion of new sections 8. After section 5A of the Principal Act the following sections are inserted in Part 1: Secretary to have general administration "5B. The Secretary is, subject to any directions of the Minister, to have the general administration of this Act. Principles of administration "5C. In administering this Act, the Secretary is to have regard to: (a) the desirability of achieving the following results: (i) the ready availability to members of the public of advice and information services relating to benefits under this Act; (ii) the ready availability of publications containing clear statements about entitlements under this Act and procedural requirements; (iii) the delivery of services under this Act in a fair, courteous, prompt and cost-efficient manner; (iv) a process of monitoring and evaluating delivery of programs with an emphasis on the impact of programs on people who receive benefits under this Act; (v) the establishment of procedures to ensure that abuses of the schemes for benefits under this Act are minimised; and (b) the special needs of disadvantaged groups in the community; and (c) the need to be responsive to Aboriginality and to cultural and linguistic diversity; and (d) the importance of the systems of review of decisions under this Act; and (e) the need to apply government policy in accordance with the law and with due regard to relevant decisions of the Administrative Appeals Tribunal and the Social Security Appeals Tribunal. Note: In administering this Act, the Secretary is also bound by the Privacy Act 1988 and by the provisions of this Act concerning confidentiality-see Division 3 of Part 10.". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 9 Benefits under the AUSTUDY scheme 9. Section 7 of the Principal Act is amended by omitting from subsection (1) "an authorised person" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 10 Advances on account of benefit 10. Section 11 of the Principal Act is amended by omitting "An authorised person" and substituting "The Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 11 Secretary to give student notice of entitlement 11. Section 12F of the Principal Act is amended: (a) by omitting from subsection (1) "An authorised person" and substituting "The Secretary"; (b) by omitting from subsection (2) "an authorised person" and substituting "the Secretary"; (c) by omitting from subsection (3) "an authorised person" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 12 Payments to stop if student ceases to be eligible for financial supplement 12. Section 12R of the Principal Act is amended: (a) by omitting from subsection (1) "an authorised person" and substituting "the Secretary"; (b) by omitting from subsection (1) "the authorised person" and substituting "the Secretary"; (c) by omitting from subsection (2) "the authorised person" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 13 What happens if student fails to notify change in circumstances 13. Section 12S of the Principal Act is amended: (a) by omitting from subsection (1) "a prescribed officer" and substituting "the Secretary"; (b) by omitting from subsection (1) "the prescribed officer" and substituting "the Secretary"; (c) by omitting from subsection (2) "the prescribed officer" and substituting "the Secretary"; (d) by omitting from paragraph (2)(a) "an authorised person" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 14 Payments to stop if student is found never to have been eligible for financial supplement 14. Section 12T of the Principal Act is amended: (a) by omitting from paragraph (1)(b) "an authorised person" and substituting "the Secretary"; (b) by omitting from subsection (1) "the authorised person" and substituting "the Secretary"; (c) by omitting from subsection (2) "the authorised person" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 15 What happens if financial supplement was paid because of provision of false or misleading information 15. Section 12U of the Principal Act is amended: (a) by omitting from subsection (1) "a prescribed officer" and substituting "the Secretary"; (b) by omitting from subsection (1) "the prescribed officer" and substituting "the Secretary"; (c) by omitting from subsection (2) "the prescribed officer" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 16 Death of student 16. Section 12V of the Principal Act is amended by omitting from subsection (1) "an authorised person" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 17 Notice and a certificate to Commissioner 17. Section 12ZH of the Principal Act is amended by omitting from subsection (3) "arrange for a prescribed officer to". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 18 Explanation of Division 18. Section 12ZV of the Principal Act is amended by omitting from paragraph (b) "by authorised persons or prescribed officers" and substituting "by the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 19 What happens if a decision of Secretary is set aside or varied 19. Section 12ZX of the Principal Act is amended by omitting "an authorised person or a prescribed officer" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 20 Repeal of Part 5 20. Part 5 of the Principal Act is repealed. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 21 Recovery of certain overpayments by offsetting 21. Section 38 of the Principal Act is amended: (a) by omitting from subsection (2) "a prescribed officer" and substituting "the Secretary"; (b) by omitting from subsection (4) "a prescribed officer" and substituting "the Secretary"; (c) by omitting from paragraph (4)(b) "the prescribed officer" and substituting "the Secretary"; (d) by omitting from subsection (5) "a prescribed officer" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 22 Late payment charge and interest in relation to overpayment of a benefit 22. Section 40 of the Principal Act is amended: (a) by omitting from subsection (1A) "a prescribed officer" and substituting "the Secretary"; (b) by omitting from subsection (5) "paragraph 43(2)(c)" and substituting "section 284 as applied under subsection 43(2)"; (c) by omitting from subsection (6) "a prescribed officer" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 23 Determination that late payment interest not to be payable in relation to certain periods 23. Section 41 of the Principal Act is amended: (a) by omitting from subsection (1) "Minister or a prescribed officer" and substituting "Secretary"; (b) by omitting from subsection (4) "Minister or the prescribed officer" and substituting "Secretary"; (c) by omitting subsection (7). STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 24 Recovery of certain overpayments from third parties 24. Section 42 of the Principal Act is amended: (a) by omitting from subsection (3) "A prescribed officer" and substituting "The Secretary"; (b) by omitting from subsection (6) "The prescribed officer" and substituting "The Secretary"; (c) by omitting from paragraph (9)(a) "a prescribed officer" and substituting "the Secretary"; (d) by omitting from subsection (13) "a prescribed officer" and substituting "the Secretary"; (e) by omitting from paragraph (13)(b) "the prescribed officer" and substituting "the Secretary"; (f) by omitting from subsection (14) "a prescribed officer" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 25 Write off and waiver of certain overpayments etc. 25. Section 43 of the Principal Act is amended by omitting subsections (2) to (6) and substituting the following subsections: "(2) Section 284 and Subdivision D of Division 15 of Part 8 apply to recoverable amounts referred to in subsection (1) in the same way as that section and that Subdivision apply to debts recoverable by the Commonwealth under Subdivision B of Division 15 of that Part. "(3) In the application of Subdivision D of Division 15 of Part 8 to recoverable amounts referred to in subsection (1), that Subdivision has effect as if the reference in subsection 289(5) to $200 were a reference to $50.". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 26 Repeal of section 26. Section 44 of the Principal Act is repealed. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 27 Repeal of sections 27. Sections 45 to 47 of the Principal Act are repealed. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 28 Obligation to notify happening of certain events 28. Section 48 of the Principal Act is amended by inserting "other than Part 8" after "Act". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 29 Offences 29. Section 49 of the Principal Act is amended: (a) by inserting "other than Part 8" after "Act" (wherever occurring); (b) by omitting from subsection (3) "a prescribed officer" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 30 Proceedings against corporations 30. Section 50 of the Principal Act is amended: (a) by omitting from subsection (1) "this Act or the regulations" and substituting "this Act (other than Part 8) or regulations made for the purposes of this Act (other than Part 8)"; (b) by omitting from subsection (2) "this Act and the regulations" and substituting "this Act (other than Part 8) and regulations made for the purposes of this Act (other than Part 8)". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 31 Evidentiary certificates 31. Section 51 of the Principal Act is amended: (a) by omitting from subsection (1) "a prescribed officer" (twice occurring), and substituting "the Secretary"; (b) by inserting in paragraph (1)(a) "other than Part 8" after "Act"; (c) by omitting from subsection (2) "by a prescribed officer" and substituting "by the Secretary"; (d) by omitting from paragraph (2)(h) "an authorised person or a prescribed officer" and substituting "the Secretary"; (e) by omitting from subsection (3) "a prescribed officer" and substituting "the Secretary". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 32 Repeal of sections 32. Sections 52, 53 and 54 of the Principal Act are repealed. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 33 Appropriation 33. Section 55A of the Principal Act is amended by inserting after subsection (1A) the following subsection: "(1B) The following payments are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly: (a) payments under Part 8 (other than section 136); (b) payments to a person under the Social Security Act 1991 the making of which is dependent upon the person being qualified for youth training allowance under Part 8.". STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 34 Repeal of section 34. Section 55B of the Principal Act is repealed. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 35 Regulations 35. Section 56 of the Principal Act is amended by omitting para-graph (c). STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 36 Addition of new Parts and Schedules 36. After Part 7 of the Principal Act the following Parts and Schedules are added: "PART 8-YOUTH TRAINING ALLOWANCE "Division 1-Interpretation Application of Part 1.2 of the Social Security Act "57.(1) Subject to subsection (4), the provisions of Part 1.2 of the Social Security Act apply for the purposes: (a) of this Part; and (b) of Parts 9 and 10 in so far as those Parts apply to youth training allowance. "(2) Without limiting the generality of subsection (1), if a provision of Part 1.2 of the Social Security Act applies only for the purposes of a particular provision or particular provisions of that Act, then, subject to subsection (4), the first-mentioned provision also applies for the purposes of any provision: (a) of this Part; or (b) of Part 9 or 10 in so far as that Part applies to youth training allowance; that corresponds to that particular provision or those particular provisions of the Social Security Act. "(3) In applying a provision of Part 1.2 of the Social Security Act under subsection (1) or (2) for the purposes: (a) of this Part or a provision of this Part; or (b) of Part 9 or 10, or a provision of Part 9 or 10, in so far as that Part applies to youth training allowance; this Part, and Parts 9 and 10 in so far as they so apply, are to be treated as if they were incorporated in the Social Security Act. "(4) A provision of Part 1.2 of the Social Security Act only applies under subsection (1) or (2) in so far as it is not inconsistent: (a) with this Part; and (b) with Parts 9 and 10 in so far as those Parts apply to youth training allowance. Interpretation Definitions "58.(1) In this Part, unless the contrary intention appears: 'activity test deferment period' has the same meaning as in the Social Security Act but includes a period worked out under section 109 of this Act in relation to the application of a youth training allowance automatic deferment provision included in Subdivision F of Division 2 of this Part; 'administrative breach deferment period' has the same meaning as in the Social Security Act but includes a period worked out under section 116 of this Act in relation to the application of a youth training allowance automatic deferment provision included in Subdivision G of Division 2 of this Part; 'approved organisation' means an organisation approved under section 59 or under section 28 of the Social Security Act; 'assurance of support debt' means a debt due and payable by a person to the Commonwealth, or a liability of a person to the Commonwealth, because of the operation of Part 5 of the Migration (1993) Regulations in respect of the payment to another person of youth training allowance; 'automatic deferment provision' means: (a) a youth training allowance automatic deferment provision; or (b) a JSA automatic deferment provision; or (c) an NS allowance automatic deferment provision; or (d) section 126 of the Social Security Act; 'available money' has the same meaning as in the Social Security Act but does not include money to which Subdivision G of Division 11 of this Part applies; 'Commonwealth funded employment program' means a Commonwealth program of funding to a community or group where the funding is based, either wholly or partly, on the number of people in that community or group who are, or are likely to be, qualified for youth training allowance, job search allowance or newstart allowance; 'current figure', as at a particular time and in relation to an amount that is to be indexed under Division 13, means: (a) if the amount has not yet been indexed under that Division before that time-the amount; or (b) if the amount has been indexed under that Division before that time-the amount most recently substituted for the amount under that Division before that time; 'deferment period' means an activity test deferment period or an administrative breach deferment period; 'dependent child' has the meaning that would be given to that expression by subsections 5(2) to (9) of the Social Security Act if references in those subsections to a young person were references to a person; 'discretionary deferment provision' means: (a) a youth training allowance discretionary deferment provision; or (b) a JSA discretionary deferment provision; or (c) an NS allowance discretionary deferment provision; 'education leavers waiting period' means an education leavers waiting period under section 98; 'entry contribution' has the same meaning as in section 1147 of the Social Security Act; 'fringe benefits year' means a year beginning on 1 April; 'managed investment' has the same meaning as in the Social Security Act but does not include a loan within the meaning of Subdivision G of Division 11 of this Part; 'net property loss', in relation to a person for an accounting period, means: (a) if the expenses incurred by the person on rental property during the period are more than the person's gross rental property income for the period-the amount by which those expenses are more than that gross rental property income; or (b) if the expenses incurred by the person on rental property during the period are not more than the person's gross rental property income for the period-nil; 'newly arrived residents waiting period' means a newly arrived residents waiting period under section 101; 'ordinary waiting period' means an ordinary waiting period under section 96; 'parent', in relation to a person (the'relevant person'), means (except in Part 2 of Schedule 1): (a) if the relevant person is not an adopted child-a natural parent of the person; or (b) if the relevant person is an adopted child-an adoptive parent of the person; 'provisional commencement day' has the meaning given by section 91; 'receiving full-time education' has a meaning affected by subsection (4); 'recipient notification notice' means a notice given by the Secretary under section 149; 'recipient statement notice' means a notice given by the Secretary under section 150; 'registered in allowance category as being unemployed' has the meaning given by subsection (2); 'served the waiting period' has the meaning given by subsection (3); 'Social Security Act' means the Social Security Act 1991; 'this Part' includes the Schedules; 'transferee to the youth training allowance' and'transfer day' have the meanings given by section 61; 'unused annual leave waiting period' means an unused annual leave waiting period under section 93; 'waiting period' means: (a) an unused annual leave waiting period; or (b) an ordinary waiting period; or (c) an education leavers waiting period; or (d) a newly arrived residents waiting period; 'Youth Training Activity Agreement' has the meaning given by subsection 79(4); 'youth training allowance automatic deferment provision' means: (a) subsection 103(1) (failure to satisfy activity test); or (b) subsection 104(1) (failure to enter into an activity agreement); or (c) subsection 105(1) (failure to comply with an activity agreement); or (d) section 106 (unemployment due to voluntary act); or (e) section 107 (unemployment due to misconduct); or (f) section 108 (refusal of offer of employment); or (g) subsection 114(3) (failure to comply with Secretary's requirements); or (h) subsection 115(1) (failure to comply with notification requirement); 'youth training allowance discretionary deferment provision' means: (a) subsection 114(1) (failure to comply with Secretary's requirements); or (b) subsection 120(1) (failure to continue Commonwealth Employment Service registration); or (c) subsection 121(1) (seasonal workers); or (d) subsection 122(1) (lower employment prospects). Registered in allowance category as being unemployed "(2) A person registered by the Commonwealth Employment Service as being unemployed is registered in an allowance category as being unemployed if the person: (a) is so registered for the purposes of the Social Security Act; or (b) is registered in a category approved by the Secretary for the purposes of this Part as being unemployed. Served the waiting period "(3) If a person is subject to an unused annual leave waiting period or an ordinary waiting period for youth training allowance, the person is taken to have served the waiting period if, and only if: (a) the waiting period has ended; and (b) the person was, throughout the waiting period, qualified for youth training allowance. Receiving full-time education-education leavers "(4) If: (a) a person ceases to receive full-time education at a school, college or university; and (b) youth training allowance is not payable to the person because of an education leavers waiting period; the person is taken to be receiving full-time education at a school, college or university during the period for the purposes of this Part (other than sections 98, 99 and 100). Approval of voluntary organisations (activity test) "59. The Secretary may, for the purposes of section 77, by writing, approve organisations that he or she considers provide vocationally useful full-time voluntary work. Calculation of amount of pharmaceutical allowance paid Calculation of rate "60.(1) If: (a) a person is paid an instalment of youth training allowance on a particular day; and (b) an amount by way of pharmaceutical allowance is to be added to the person's maximum basic rate in working out the amount of the instalment; then, for the purposes of this Part, the amount of pharmaceutical allowance paid to the person on that day is the amount worked out using subsections (2), (3) and (4). Allowance rate for whole fortnights "(2) If the instalment is for a fortnight or a period of whole fortnights, the amount of allowance paid is the amount worked out using the formula: pharmaceutical allowance rate x number of fortnights where: 'pharmaceutical allowance rate' is the fortnightly amount of pharmaceutical allowance added to the person's maximum basic rate in working out the amount of the instalment; 'number of fortnights' is the number of fortnights in the period for which the instalment is paid. Allowance rate for period less than a fortnight "(3) If the instalment is for a period of less than a fortnight, the amount of allowance paid is the amount worked out using the formula: pharmaceutical allowance rate x week days in period 10 where: 'pharmaceutical allowance rate' is the fortnightly amount of pharmaceutical allowance added to the person's maximum basic rate in working out the amount of the instalment; 'week days in period' is the number of week days in the period for which the instalment is paid. Allowance rate for whole fortnights and additional days "(4) If the instalment is for a period that consists of: (a) a fortnight or a number of whole fortnights; and (b) a period of less than a fortnight; the amount of allowance paid is the amount worked out using the formula: ( week days in) pharmaceutical ( number of whole + short period) allowance rate ( fortnights 10 ) where: 'pharmaceutical allowance rate' is the fortnightly amount of pharmaceutical allowance added to the person's maximum basic rate in working out the amount of the instalment; 'number of whole fortnights' is the number of whole fortnights in the period for which the instalment is paid; 'week days in short period' is the number of days in the period that is less than a fortnight. Transferee to youth training allowance Single person "61.(1) If: (a) a person becomes qualified for a youth training allowance; and (b) immediately before becoming qualified for the allowance the person was receiving: (i) a social security pension or service pension (an'old pension'); or (ii) a social security benefit (an'old benefit'); and (c) the person ceases to receive the old pension or old benefit; then, for the purposes of this Part, the person is a transferee to the youth training allowance and the person's transfer day is the day that immediately follows: (d) if the person was receiving an old pension-the person's last pension payday; or (e) if the person was receiving an old benefit-the day on which the person ceases to receive the old benefit. Member of couple "(2) If: (a) a person becomes qualified for a youth training allowance; and (b) immediately before becoming qualified for the allowance: (i) the person was a member of a couple; and (ii) the person's partner was receiving a social security benefit or a rehabilitation allowance; then, for the purposes of this Part, the person is a transferee to the youth training allowance and the person's transfer day is the day on which the person becomes qualified for the youth training allowance. Tables, notes etc. form part of section Table and Key to a Table "62.(1) For the purposes of this Act, a Table and a Key to a Table are to be taken to be part of: (a) if the Table occurs in a section containing subsections-the subsection immediately before the Table; and (b) if the Table occurs in a section that does not contain subsections-the section. Notes "(2) For the purposes of this Act, a Note is to be taken to be part of: (a) if the Note immediately follows a section that does not contain subsections-the section; or (b) if the Note immediately follows a subsection-the subsection; or (c) if the Note immediately follows a point in a MODULE in a Schedule-the point; or (d) if the Note immediately follows a Step in a Method Statement and is aligned with the text of the Step-the Step; or (e) if the Note immediately follows a Table-the Table; or (f) if the Note immediately follows a paragraph and is aligned with the text of the paragraph-the paragraph. Modules "(3) Part 2 of Schedule 1 and Schedule 4 are divided into MODULES (for example, MODULE A). Points "(4) A MODULE in a Schedule is divided into points. Payments are period-based Period-based payments "63.(1) Payments under this Part are referable to periods. Effect of payments being period-based "(2) If a payment is payable to a person, the person will be paid only for the particular period (which might be less than a fortnight) in respect of which the payment is payable. Note: The qualifications for a payment usually require the qualifying conditions to be met throughout a particular period and the payment is expressed as being 'in respect of' or 'for' that period. Qualification for, or payability of, youth training allowance "64. Before a youth training allowance is payable to a person under this Part: (a) the person must be qualified for the allowance; and (b) there must be nothing in this Part that makes the allowance not payable to the person (for example, a waiting period provision, a multiple entitlement exclusion provision or a compensation preclusion provision). Note: Provisions in the Part relating to paragraph (a) matters refer to the 'person' being'qualified','disqualified' or 'not qualified' for the allowance and provisions in the Part relating to paragraph (b) matters refer to the allowance being'payable' or 'not payable' to the person. "Division 2-Qualification for, and payability of, youth training allowance "Subdivision A-Basic qualifications Qualification for youth training allowance Basic qualifications "65.(1) Subject to subsection (2) and to sections 66, 67 and 72, a person is qualified for a youth training allowance in respect of a period if: (a) the person did not receive job search allowance at any time during either: (i) the 6 weeks immediately before the period; or (ii) the 6 weeks immediately before the person's provisional commencement day; and (b) the person satisfies the Secretary that throughout the period the person is unemployed; and (c) throughout the period, or each period within the period, the person either: (i) satisfies the activity test; or (ii) is not required to satisfy the activity test; and (d) when the person is required by the Secretary to enter into a Youth Training Activity Agreement in relation to the period, the person enters into the agreement; and (e) while the agreement is in force, the person satisfies the Secretary that the person is taking reasonable steps to comply with the terms of the agreement; and Note: See subsection (4) on taking reasonable steps. (f) at all times when the person is a party to the agreement, the person is prepared to enter into another such agreement instead of the existing agreement if required to do so by the Secretary; and (g) throughout the period, the person: (i) is over the age of 16 years but under the age of 18 years; and (ii) is an Australian resident; and (iii) is in Australia; and Note: See subsection (5). (iv) is registered by the Commonwealth Employment Service in an allowance category as being unemployed. "(2) If: (a) a person is receiving sickness allowance at the commencement of this Part; and (b) the person ceases to receive sickness allowance and immediately afterwards would, apart from paragraph (1)(a), become qualified for a youth training allowance; and (c) immediately before the person received sickness allowance the person was receiving job search allowance; the receipt of that job search allowance is not to be taken into account for the purposes of paragraph (1)(a). Basic qualifications for certain people aged 15 years "(3) Subject to sections 66, 67 and 72, a person is qualified for youth training allowance in respect of a period if: (a) throughout the period the person is over the age of 15 years but under the age of 16 years; and (b) had the person reached the age of 16 years, he or she would have been qualified for a youth training allowance in respect of the period under subsection (1); and (c) the person satisfies the Secretary that the person: (i) has an employment history involving full-time employment that was on either a permanent basis or a regular casual basis; or (ii) has received an offer of employment of that kind but has been unable to take up the offer for reasons beyond his or her control; or (iii) has been registered by the Commonwealth Employment Service in an allowance category as being unemployed for at least 13 weeks; and (d) before the period begins: (i) the person reached the minimum school leaving age for the State or Territory in which the person is living; or (ii) a formal exemption from attending school was granted in respect of the person by the education authority of that State or Territory; and (e) throughout the period, the person: (i) does not live at a home of either of his or her parents; and (ii) does not receive regular financial support from either of those parents. What are reasonable steps "(4) For the purposes of paragraph (1)(e), a person is taking reasonable steps to comply with the terms of a Youth Training Activity Agreement unless the person has failed to comply with the terms of the agreement and: (a) the main reason for failing to comply involved a matter that was within the person's control; or (b) the circumstances that prevented the person from complying were reasonably foreseeable by the person. Attendance at Reserve or Emergency Force training camp "(5) A person is not disqualified for youth training allowance because of being outside Australia during a period if the person is attending a training camp during that period as a member of: (a) the Australian Naval Reserve; or (b) the Naval Emergency Reserve Forces; or (c) the Australian Army Reserve; or (d) the Australian Air Force Reserve; or (e) the Air Force Emergency Force; or (f) the Army Individual Emergency Reserve. Person taken to be qualified "(6) If: (a) a person was receiving a social security pension; and (b) the person claims a youth training allowance within 14 days after the day on which the last instalment of the person's pension was paid; and (c) the person becomes qualified for a youth training allowance at some time during the 14 day period but after the first day of that period; the person is taken to be qualified for a youth training allowance for the whole of the 14 day period. Note 1: A person may be treated as unemployed (see section 68). Note 2: The activity test is set out in section 75. Note 3: For 'allowance category' see subsection 58(2). Note 4: For 'Australian resident' see section 7 of the Social Security Act. Note 5: A person may not be qualified if the person's unemployment is due to industrial action (see section 69). Note 6: A person may not be qualified if the person has reduced the person's employment prospects by moving to an area of lower employment prospects (see section 71). Note 7: If circumstances beyond the person's control prevent the person from being registered by the Commonwealth Employment Service, this requirement may be waived (see section 73). Note 8: A person unregistered by the Commonwealth Employment Service for up to 6 weeks may be taken to be registered (see section 73). Note 9: A youth training allowance is not payable in certain circumstances even if the person is qualified (see Subdivisions D, E, F, G and H). Note 10: A youth training allowance may continue to be paid during incapacity (see section 66). Note 11: Qualification for a youth training allowance may continue to the end of the last pay period (see section 67). Note 12: Section 76 relieves people attending training camps mentioned in subsection 65(5) from the activity test. Note 13: Subsection (6) operates when a person transfers from a pension to a youth training allowance and the person is not qualified for a youth training allowance immediately after the day on which the person's last instalment of pension is paid. The subsection treats the person as being so qualified. As a result, the person may be paid a youth training allowance for the period beginning on the day after the day on which the person's last instalment of pension was paid. The subsection aims to ensure that there is minimal disruption to a person's payments when a person transfers from a pension to a youth training allowance. Effect of incapacity on qualification Meaning of'sickness period' "66.(1) In this section: 'sickness period', in relation to a person, means a period: (a) for which the person would be qualified for a sickness allowance under section 666 of the Social Security Act if subsections 666(7) and (8) of that Act were disregarded; and (b) that begins while the person is receiving a youth training allowance. Sickness period less than 13 weeks "(2) Subject to subsections (3) and (4), a person is qualified for a youth training allowance in respect of a sickness period of the person if the Secretary does not expect that period to be longer than 13 weeks. Sickness period for longer than 13 weeks "(3) If: (a) a person is qualified for a youth training allowance in respect of a period under subsection (2); and (b) the period lasts for longer than 13 weeks; the person ceases to be qualified for a youth training allowance 13 weeks after the period began. Sickness period after reaching 18 years of age "(4) A person is not qualified for a youth training allowance in respect of any part of a sickness period that occurs after the person reaches the age of 18 years. Youth training allowance may continue to end of payment period "67. If: (a) a person is receiving a youth training allowance; and (b) apart from this section, the person would cease on a particular day to be qualified for the allowance because the person reaches the age of 18 years; and (c) that day falls in, but is not the last day of, a period for which an instalment of youth training allowance is payable to the person; the person continues to be qualified for the allowance until the end of that period. People may be treated as unemployed Work may be disregarded "68.(1) If: (a) a person undertakes paid work during a period; and (b) the Secretary is of the opinion that, taking into account: (i) the nature of the work; and (ii) the duration of the work; and (iii) any other matters relating to the work that the Secretary thinks relevant; the work should be disregarded; the Secretary may treat the person as being unemployed throughout the period. Compliance with activity test requirement "(2) A person complying with: (a) a requirement under subsection 75(7) (activity test); or (b) a Youth Training Activity Agreement; may be treated by the Secretary as being unemployed. Matters relevant to Secretary's decision "(3) In deciding whether to treat a person as being unemployed, the Secretary is to take into account: (a) the nature of the activity undertaken by the person so as to comply with a requirement under subsection 75(7) (activity test) or a Youth Training Activity Agreement; and (b) the duration of the activity; and (c) any other matters relating to the activity that the Secretary thinks relevant. Unemployment due to industrial action Applicant engaged in industrial action "69.(1) A person is not qualified for a youth training allowance in respect of a period unless the person satisfies the Secretary that the person's unemployment during the period was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions. Other people engaged in industrial action "(2) If: (a) a person's unemployment during a period was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and (b) the people, or some of the people, were members of a trade union that was involved in the industrial action; the person is not qualified for a youth training allowance in respect of the period unless the Secretary is satisfied that the person was not a member of the trade union during the period. Period after industrial action stops "(3) Subsections (1) and (2) do not prevent a person from being qualified for a youth training allowance in respect of a period that occurs after the relevant industrial action or series of industrial actions have stopped. Note: For 'industrial action','trade union' and'unemployment' see section 16 of the Social Security Act. Assurance of support "70. A person is not qualified for a youth training allowance in respect of a period if the Secretary is satisfied that throughout the period: (a) an assurance of support was in force in respect of the person (the 'assuree'); and (b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and (c) it was reasonable for the assuree to accept that support. Note: For'assurance of support' see subsection 23(1) of the Social Security Act. Move to area of lower employment prospects Move to an area without sufficient reason "71.(1) Subject to subsection (2), a person is not qualified for a youth training allowance on a day on which, in the opinion of the Secretary, the person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason. Not applicable to certain people "(2) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. What constitutes sufficient reason "(3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if, and only if, the person: (a) moves to accompany a parent who changes his or her residence; or (b) moves to live with a family member who has already established his or her residence in that place of residence; or (c) moves to live near a family member who has already established residence in the same area; or (d) satisfies the Secretary that the move is necessary for the purpose of treating or alleviating a physical disease or illness suffered by the person or by a family member. Note: For 'family member' see subsection 23(1) of the Social Security Act. Liquid assets test waiting period Definitions "72.(1) In this section: 'liquid assets', in relation to a person, means the person's cash and readily realisable assets, and includes: (a) the person's shares in, and debentures issued by, a public company within the meaning of the Corporations Law; and (b) amounts deposited with, or otherwise lent to, a bank or other financial institution by the person (whether or not the amount can be withdrawn or repaid immediately); and (c) amounts due, and able to be paid, to the person by, or on behalf of, a former employer of the person; but does not include an amount that is an eligible termination payment for the purposes of Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act; 'maximum reserve', in relation to a person, means: (a) if the person is not a member of a couple and does not have a dependent child-$5,000; or (b) in any other case-$10,000. Liquid assets "(2) For the purposes of this Part, a person's liquid assets are taken to include: (a) the liquid assets of the person's partner; and (b) the liquid assets of the person and the person's partner. Transfer taken not to have occurred "(3) If: (a) during the 4 weeks immediately before a person claims youth training allowance, the person or the person's partner transfers liquid assets to a person of any age who is the natural or adopted child of the person or the partner; and (b) either: (i) the person transferring receives no consideration or inadequate consideration, in money or money's worth, for the transfer; or (ii) the Secretary is satisfied that the purpose, or the dominant purpose, of the transfer was to enable the claimant to obtain youth training allowance; then the transfer is taken, for the purposes of this section, not to have occurred. Liquid assets test "(4) Subject to subsections (10), (11), (12) and (13), if: (a) the value of a person's liquid assets is more than the person's maximum reserve on: (i) the day on which the person becomes unemployed; or (ii) the day on which the person claims a youth training allowance; and (b) the person is not a transferee to a youth training allowance; the person is not qualified for a youth training allowance for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period. Note 1: For 'transferee to a youth training allowance' see section 61. Note 2: For 'served the liquid assets test waiting period' see subsection (14). Waiting period "(5) The liquid assets test waiting period in relation to the claim lasts for 4 weeks. Operation of subsections (7) and (8) "(6) Subsection (7) applies for the purpose of determining, at a time before 20 March 1995, when a liquid assets test waiting period starts, and subsection (8) applies for the purpose of the making of such a determination on or after that date. Start of waiting period before 20 March 1995 "(7) Subject to subsections (6) and (9) the liquid assets test waiting period in relation to the claim starts on the day on which the person becomes unemployed. Start of waiting period on or after 20 March 1995 "(8) Subject to subsections (6) and (9), the liquid assets test waiting period in relation to the claim starts: (a) if the person is not a member of a couple-on the day on which the person became unemployed; or (b) if the person is a member of a couple-on the last occurring of the following days: (i) the day on which the person became unemployed; (ii) if, when the claim is made, the person's partner is unemployed-the day on which the person's partner became unemployed; (iii) if, when the claim is made, the person's partner is incapacitated for work-the day on which the person's partner became incapacitated for work. Effect of incapacity for work "(9) If: (a) a person becomes incapacitated for work; and (b) because of section 676 (sickness allowance liquid assets test disqualification) of the Social Security Act, the person is not qualified for sickness allowance during the period of 4 weeks that starts on the day on which the person becomes incapacitated for work; and (c) within that period of 4 weeks: (i) the person ceases to be incapacitated for work; and (ii) the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed; and (d) within 14 days after the day on which the person becomes so registered by the Commonwealth Employment Service, the person claims a youth training allowance; the liquid assets test waiting period starts on the day on which the person becomes incapacitated for work. Person serving liquid assets test waiting period "(10) On or after 20 March 1995, subsection (4) does not apply to a person if, at any time during the 12 months before: (a) the day on which the person becomes unemployed; or (b) the day on which the person claims youth training allowance; the person was serving a liquid assets test waiting period under this Part or the Social Security Act that started during that 12 months. Waiver for disadvantage or hardship "(11) If the Secretary is satisfied that the application of subsection (4) to a person will cause undue long term disadvantage or significant hardship to the person, the Secretary may: (a) waive the application of that subsection to the person; and (b) authorise the payment of a youth training allowance to the person. No application to certain transferees to youth training allowance "(12) Subsection (4) does not apply to a person if both of the following conditions apply: (a) the person is a transferee to youth training allowance; (b) the person claims the youth training allowance: (i) within 14 days of the transfer day; or (ii) if the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed within 14 days after the transfer day-within 14 days of the person becoming so registered or any further period that the Secretary considers reasonable. Exemption "(13) Subsection (4) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Person taken to have served liquid assets test waiting period "(14) A person who is subject to a liquid assets test waiting period for a youth training allowance is taken to have served the waiting period if, and only if: (a) the waiting period has ended; and (b) the person was, apart from this section, qualified for the allowance throughout so much of the waiting period as occurred after the claim for the allowance was made. Registration by Commonwealth Employment Service Certain people not required to be registered at Commonwealth Employment Service "73.(1) The Secretary may decide that a person does not have to satisfy subparagraph 65(1)(g)(iv) (Commonwealth Employment Service registration) for a period if: (a) the person was not registered as unemployed by the Commonwealth Employment Service during the period; and (b) the Secretary is satisfied that there are circumstances beyond the person's control relating to the person's failure to be registered; and (c) having regard to those circumstances, the Secretary is satisfied that the person's failure to be registered should be disregarded in respect of the period. Period of registration for purposes of 12 month limit "(2) If, because of subsection (1), a person does not have to satisfy subparagraph 65(1)(g)(iv) for a period, then, for the purposes of that subparagraph, the period is one for which the person is taken to be registered as required by that subparagraph. Registration ceasing for less than 6 weeks "(3) If a person: (a) is registered by the Commonwealth Employment Service in an allowance category as being unemployed; and (b) ceases for a period of not longer than 6 weeks to be registered by the Commonwealth Employment Service in an allowance category as being unemployed; and (c) at the end of that period becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed; then, for the purposes of subparagraph 65(1)(g)(iv), the person is taken to have been registered throughout that period by the Commonwealth Employment Service in an allowance category as being unemployed. Prospective determinations for some claimants "74. A person is qualified for youth training allowance in respect of a period, if: (a) the person was, immediately before starting to receive youth training allowance, receiving: (i) a social security benefit; or (ii) a rehabilitation allowance instead of a social security benefit; and (b) the last payment of that benefit or allowance was made in respect of a period that ended after the day on which the payment was made; and (c) the person may, in the Secretary's opinion, reasonably be expected to satisfy the qualification requirements for youth training allowance (see sections 65 to 73) during the period. "Subdivision B-Activity test Activity test Satisfaction of activity test "75.(1) Subject to subsections (2) and (8), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is: (a) actively seeking; and (b) willing to undertake paid work, other than paid work that is unsuitable to be undertaken by the person. Note 1: For situations in which a person is not required to satisfy the activity test see: (a) section 76 (people attending training camp); (b) section 77 (certain people engaged in voluntary work); (c) section 78 (special circumstances). Note 2: See subsections (8) to (11) on what paid work is unsuitable. Requirement regarding job application "(2) The Secretary may notify a person that the person must apply for a particular number of advertised job vacancies in the period stated in the notice. Failure to comply "(3) If the person fails to take reasonable steps to comply with the notice under subsection (2), the person is taken not to satisfy the activity test in respect of the period stated in the notice. Note: See subsection (15) on taking reasonable steps. Statement from employer "(4) A person is taken to have applied for a job vacancy as required under the notice under subsection (2) only if the person gives the Secretary a written statement from the employer concerned that confirms that the person applied for the job vacancy. Form of statement "(5) The statement from the employer must be in a form approved by the Secretary. Special circumstances "(6) Subsection (4) does not apply to a person if the Secretary is satisfied that there are special circumstances in which it is not reasonable to expect the person to give the statement referred to in that subsection. Participation in courses "(7) A person also satisfies the activity test in respect of a period if the Secretary is of the opinion that, throughout the period, the person: (a) should undertake particular paid work other than paid work that is unsuitable to be done by the person; or (b) should: (i) undertake a course of vocational training; or (ii) participate in a labour market program; or (iii) participate in a rehabilitation program; or (iv) participate in another course; approved by the Secretary that is likely to: (v) improve the person's prospects of obtaining suitable paid work; or (vi) help the person in seeking suitable paid work; or (c) if the person lives in an area where: (i) there is no locally accessible labour market; and (ii) there is no locally accessible vocational training course or labour market program; should participate in an activity suggested by the person and approved by the Commonwealth Employment Service; and, after the Secretary notifies the person that the person is required to act in accordance with the opinion, the person takes reasonable steps to comply, throughout the period, with the Secretary's requirement. Note: See subsection (15) on taking reasonable steps. Unsuitable work "(8) For the purposes of subsection (1) and paragraph (7)(a), particular paid work is unsuitable for a person if, and only if, in the Secretary's opinion: (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work; or (b) the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (c) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (d) the work would involve the person being self-employed; or (e) the work would be covered by an industrial award but the employer would only employ the person if the person agreed to become a party to an agreement reducing or abolishing rights that the award confers on employees; or (f) the work would not be covered by an industrial award and the remuneration for the work would be lower than the minimum applicable rate of remuneration for comparable work that is covered by an industrial award; or (g) commuting between the person's home and the place of work would be unreasonably difficult; or (h) for any other reason, the work is unsuitable for the person. Commuting-unreasonable difficulty "(9) For the purposes of paragraph (8)(g), commuting is not unreasonably difficult if: (a) the sole or principal reason for the difficulty is that the commuting involves a journey, either from the person's home to the place of work or from the place of work to the person's home, that does not normally exceed 90 minutes in duration; or (b) in the Secretary's opinion a substantial number of people living in the same area as the person regularly commute to their places of work in circumstances similar to those of the person. "(10) Subsection (9) does not limit the Secretary's discretion to form the opinion that, for the purposes of paragraph (8)(g), commuting is not unreasonably difficult. Remuneration for work "(11) A reference in subsection (8) to remuneration for work is a reference to any income derived from the work that is income from personal exertion. Note: For'income from personal exertion' see subsection 8(1) of the Social Security Act. Failure to take reasonable steps to comply with requirements "(12) If a person fails to take reasonable steps to comply, throughout a period, with a requirement of the Secretary under subsection (7), the person cannot be taken to satisfy the activity test in respect of that period in spite of any compliance of the person with subsection (1). Reasonable steps to comply with terms of Agreement "(13) A person also satisfies the activity test in respect of a period if, throughout the period, the person is taking reasonable steps to comply with the terms of a Youth Training Activity Agreement between the Commonwealth Employment Service and the person. Note: See subsection (15) on taking reasonable steps. Failure to take reasonable steps to comply with terms of Agreement "(14) If a person fails to take reasonable steps to comply, throughout a period, with the terms of a Youth Training Activity Agreement between the Commonwealth Employment Service and the person, the person cannot be taken to satisfy the activity test in respect of the period in spite of any compliance of the person with subsection (1). Note: See subsection (15) on taking reasonable steps. What are reasonable steps "(15) For the purposes of this section, a person takes reasonable steps to comply with a notice under subsection (2), with a requirement of the Secretary under subsection (7) or with the terms of a Youth Training Activity Agreement (as the case requires) unless the person has failed so to comply and: (a) the main reason for failing to comply involved a matter that was within the person's control; or (b) the circumstances that prevented the person from complying were reasonably foreseeable by the person. Relief from activity test-general Relief from test for people attending training camps "76.(1) A person is taken to satisfy the activity test in respect of a period when the person is attending a training camp as a member of: (a) the Australian Naval Reserve; or (b) the Naval Emergency Reserve Forces; or (c) the Australian Army Reserve; or (d) the Australian Airforce Reserve; or (e) the Airforce Emergency Force; or (f) the Army Individual Emergency Reserve. Note: Subsection 65(5) relieves people attending these training camps from the requirement of being in Australia to qualify for youth training allowance. Relief from test for certain people in remote areas "(2) If the Secretary considers that: (a) it would be reasonable to assume that, at the end of a period, a person is present in an area described in paragraph 75(7)(c); and (b) it would also be reasonable to assume that the person is throughout the period: (i) unemployed; and (ii) capable of undertaking paid work that in the Secretary's opinion is suitable to be undertaken by the person; and (iii) willing to undertake paid work that in the Secretary's opinion is suitable to be undertaken by the person; and (c) having regard to all the relevant factors, including: (i) the location of offices of the Department of Social Security; and (ii) difficulties with transport and communication; and (iii) the educational and cultural background of the person; it would be unreasonable to expect the person to comply with the activity test in order to be qualified for youth training allowance for the period; then, unless the person has been notified of a requirement under subsection 75(7) in relation to the period, the person is taken to satisfy the activity test during the period. Note: For 'activity test' see section 75. Relief from activity test-people engaged in voluntary work Conditions for relief from activity test "77.(1) Subject to subsections (2) and (3), a person is taken to satisfy the activity test in respect of a period if: (a) on each day in the period the person is engaged in full-time voluntary work with an approved organisation; and (b) the person has been a qualified beneficiary for at least 3 months immediately before the person starts working for the organisation. Relief not to apply to certain days "(2) Subsection (1) does not apply to a day if: (a) there are already 30 days in the same calendar year on which the person is taken to satisfy the activity test because of subsection (1); or (b) having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that subsection (1) should not apply in relation to the day. Note 1: For 'approved organisation' see subsection 58(1). Note 2: For 'activity test' see section 75. "(3) Paragraph (1)(b) does not apply if: (a) the person was employed by the organisation; and (b) that employment ended on a day, but not later than 2 weeks after that day the person was engaged in full-time voluntary work for the organisation; and (c) the person is a qualified beneficiary and was a qualified beneficiary immediately after the person started working for the organisation in such a full-time voluntary capacity. Relief from activity test-special circumstances Special circumstances "78.(1) Subject to subsections (2) and (3), a person is not required to satisfy the activity test for a period if: (a) the Secretary is satisfied that special circumstances, beyond the person's control, exist; and (b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the activity test for that period. Duration of period "(2) The period referred to in subsection (1) is not to be more than 13 weeks. Duration where a number of determinations made "(3) If: (a) the Secretary makes a number of determinations under subsection (1); and (b) the periods to which the determinations relate form a continuous period; the continuous period is not to be more than 13 weeks. "Subdivision C-Youth Training Activity Agreements Youth Training Activity Agreements-requirement Requirement to enter into Agreement "79.(1) If a person is claiming or receiving a youth training allowance, the Secretary may require the person to enter into a Youth Training Activity Agreement. Require to enter other agreement "(2) The Secretary may require a person who has entered into a Youth Training Activity Agreement to enter into another such agreement instead of the existing one. Notice of requirement "(3) The Secretary is to give a person who is required to enter into a Youth Training Activity Agreement notice of: (a) the requirement; and (b) the places and times at which the agreement is to be negotiated. Form of Agreement "(4) A Youth Training Activity Agreement is a written agreement, in a form approved by the Secretary, with the Commonwealth Employment Service. Youth Training Activity Agreements-terms Approved activities "80.(1) A Youth Training Activity Agreement with a person is to require the person to undertake one or more of the following activities approved by the Secretary: (a) a job search; (b) a vocational training course; (c) training that would help in searching for work; (d) paid work experience; (e) measures designed to eliminate or reduce any disadvantage the person has in the labour market, other than measures compelling the person to work in return for payment of youth training allowance; (f) subject to section 82, if the agreement is entered into on or after 20 March 1995-development of self-employment; (g) subject to section 83, if the agreement is entered into on or after 20 March 1995-development of and/or participation in group enterprises or co-operative enterprises; (h) participation in a labour market program conducted by the Commonwealth Employment Service; (i) participation in a rehabilitation program; (j) an activity proposed by the person (such as unpaid voluntary work proposed by the person). Secretary's approval "(2) The terms of an agreement (including the description of the activities that the person is to be required to undertake) are to be approved by the Secretary. Secretary's considerations concerning approval of terms "(3) In considering whether to approve the terms of an agreement with a person, the Secretary is to have regard to the person's capacity to comply with the proposed agreement and the person's needs. Capacity to comply with agreement, and person's needs "(4) In having regard to a person's capacity to comply with an agreement and the person's needs, the Secretary is to take into account: (a) the person's education, experience, skills, age and physical condition; and (b) the state of the labour market in the locality where the person resides; and (c) the training opportunities available to the person; and (d) any matters that the Secretary considers relevant in the circumstances. Variation, suspension, cancellation and review "(5) An agreement with a person: (a) may be varied or suspended by the Secretary; and (b) if another Youth Training Activity Agreement is made with the person-may be cancelled by the Secretary; and (c) may be reviewed from time to time by the Secretary at the request of either party to the agreement. Circumstances preventing or affecting compliance "(6) The party to an agreement other than the Commonwealth Employment Service must tell the Secretary of any circumstances preventing or affecting the party's compliance with the agreement. Youth Training Activity Agreements-failure to negotiate Failure to enter agreement "81.(1) If: (a) a person has been given notice under subsection 79(3) of a requirement to enter into a Youth Training Activity Agreement; and (b) the Secretary is satisfied, because of the person's failure to: (i) attend the negotiation of the agreement; or (ii) respond to correspondence about the agreement; or (iii) agree to terms of the agreement proposed by the Commonwealth Employment Service; or for any other reason, that the person is unreasonably delaying entering into the agreement: then: (c) the Secretary may give the person notice that the person is taken to have failed to enter the agreement; and (d) if the notice is given-the person is taken to have so failed. Note: Refusal to enter into an agreement disqualifies a person for youth training allowance (see section 65). Form of notice "(2) A notice under paragraph (1)(c) must: (a) be in writing; and (b) set out the reasons for the decision to give the notice; and (c) include a statement describing the rights of the person to apply for the review of the decision. Youth Training Activity Agreements-self-employment Person previously received allowance "82.(1) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any development of self-employment unless: (a) at all times during the 6 months immediately before the undertaking of the activity the person has been, or will have been, receiving either of the following: (i) a youth training allowance; (ii) a job search allowance; and (b) the Secretary is satisfied that the activity: (i) will be commercially viable 12 months after the person begins the activity; and (ii) is likely to provide the person with sustainable full-time employment that will provide the person with a level of income at least equivalent to the person's maximum basic rate worked out under MODULE B in Schedule 1. Time limitation "(2) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any development of self-employment if: (a) the person is to undertake the activity for more than 12 months; or (b) subject to subsection (3), the person has previously been subject to a requirement under that or any other Youth Training Activity Agreement to undertake the same activity or a similar activity; or (c) at any time during the 6 months immediately before the time at which the activity is to start, the person has been subject to a requirement under that or any other Youth Training Activity Agreement or any Job Search Activity Agreement to undertake as an activity other development of self-employment. Exception "(3) Paragraph (2)(b) does not apply if the Secretary determines in writing that there are special circumstances that justify inclusion of the activity in the Youth Training Activity Agreement. Certain activities excluded "(4) This section does not apply to an activity to which a paragraph of subsection 80(1) other than paragraph 80(1)(f) or (g) applies. Youth Training Activity Agreements-group enterprises and co-operative enterprises Person previously received allowance, and activity will be commercially viable "83.(1) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any development of a group enterprise or co-operative enterprise unless: (a) at all times during the 6 months immediately before the undertaking of the activity the person has been, or will have been, receiving either of the following: (i) a youth training allowance; (ii) a job search allowance; and (b) the Secretary is satisfied that the activity: (i) will be commercially viable 12 months after the person begins the activity; and (ii) is likely to provide the person with sustainable full-time employment that will provide the person with a level of income at least equivalent to the person's maximum basic rate worked out under MODULE B in Schedule 1. Person previously received allowance, and activity will provide work experience "(2) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any participation in a group enterprise or co-operative enterprise unless: (a) at all times during the 6 months immediately before the undertaking of the activity the person has been, or will have been, receiving either of the following: (i) a youth training allowance; (ii) a job search allowance; and (b) the Secretary is satisfied that the activity is likely to provide the person with skills, training or work experience that will help the person to obtain paid employment providing a level of income at least equal to the person's maximum basic rate worked out under MODULE B in Schedule 1. Agreement not to require certain group activity "(3) A Youth Training Activity Agreement entered into on or after 20 March 1995 must not require a person to undertake as an activity any development of, or participation in, a group enterprise or co- operative enterprise if: (a) the person is to undertake the activity for more than 12 months; or (b) the person has previously been subject to a requirement under that or any other Youth Training Activity Agreement to undertake the same activity or a similar activity; or (c) at any time during the 6 months immediately before the time at which the activity is to start, the person has been subject to a requirement under that or any other Youth Training Activity Agreement to undertake as an activity other development of, or participation in, a group enterprise or co-operative enterprise. Exception "(4) This section does not apply to an activity to which a paragraph of subsection 80(1), other than paragraph 80(1)(f) or (g), applies. Agreements entered into before 20 March 1995 "84. If a Youth Training Activity Agreement entered into before 20 March 1995 contains a requirement that, because of section 82 or 83, could not have lawfully been included in the agreement if it had been entered into on or after that date, then, on and after that date, the agreement is taken not to include the requirement. "Subdivision D-Situations in which allowance not payable (general) Youth training allowance not payable in certain circumstances Relevant situations "85.(1) A youth training allowance is not payable to a person for a period during which the person is qualified for youth training allowance if during that period: (a) the person has not provided a tax file number for the person (see section 86) or for the person's partner (see section 87); or (b) the person is a full-time student (see section 88); or (c) another income support payment is being paid to the person (see section 89); or (d) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 90); or (e) the youth training allowance has not begun to be payable (see sections 92 and 137); or (f) the person is subject to an unused annual leave waiting period and has not served that waiting period (see sections 93 to 95); or (g) the person is subject to an ordinary waiting period and has not served that waiting period (see sections 96 and 97); or (h) the person is subject to an education leavers waiting period and that period has not ended (see sections 98, 99 and 100); or (i) the person is subject to a newly arrived residents waiting period and that period has not ended (see sections 101 and 102); or (j) the person fails to comply with a requirement that the person: (i) attend an office of the Department of Social Security or of the Commonwealth Employment Service; or (ii) contact the Department of Social Security or the Commonwealth Employment Service; or (iii) give information; as required by section 114; or (k) a period of non-payment has been imposed because the person had previously ceased to be qualified for youth training allowance for failure to satisfy the activity test (see section 103); or (l) a period of non-payment has been imposed because the person had previously failed to comply with a requirement (see section 114) to: (i) attend an office of the Department of Social Security or of the Commonwealth Employment Service; or (ii) contact the Department of Social Security or the Commonwealth Employment Service; or (iii) give information; or (m) a period of non-payment has been imposed because: (i) the person's unemployment is due to a voluntary act of the person (see section 106); or (ii) the person's unemployment is due to misconduct by the person (see section 107); or (iii) the person has refused an offer of employment (see section 108); or (iv) the person failed to comply with notification requirements (see section 115); or (v) the person had previously ceased to be qualified for youth training allowance because the person was not registered with the Commonwealth Employment Service in an allowance category as being unemployed (see section 120); or (vi) the person is a seasonal worker (see section 121); or (vii) the person moved to an area of lower employment prospects (see section 122); or (n) the person is in gaol or undergoing psychiatric confinement (see section 123); or (o) the person is subject to a compensation preclusion period (see Division 12). Note 1: For 'serving of waiting period' see subsection 58(3). Note 2: For 'allowance category' see subsection 58(2). Allowance rate nil "(2) A youth training allowance is not payable to a person if the person's youth training allowance rate would be nil. Provision of tax file number Person must provide tax file number or employment declaration "86.(1) A youth training allowance is not payable to a person if: (a) the person is requested under section 130 or 147 to: (i) give the Secretary a written statement of the person's tax file number; or (ii) apply for a tax file number and give the Secretary a written statement of the person's tax file number once it has been issued; and (b) at the end of 28 days after the request is made, the person has neither: (i) given the Secretary a written statement of the person's tax file number; nor (ii) given the Secretary an employment declaration and satisfied either subsection (2) or (3). Note 1: The Secretary can request a claimant for youth training allowance to quote the claimant's tax file number under section 130. Note 2: The Secretary can request a recipient of youth training allowance to quote the recipient's tax file number under section 147. Person does not know tax file number "(2) A person satisfies this subsection if: (a) the employment declaration states that the person: (i) has a tax file number but does not know what it is; and (ii) has asked the Commissioner of Taxation to inform him or her of the number; and (b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary: (i) whether the person has a tax file number; and (ii) if the person has a tax file number-the tax file number; and (c) the Commissioner of Taxation has not told the Secretary that the person has no tax file number. Application for tax file number pending "(3) A person satisfies this subsection if: (a) the person's declaration states that the person has applied for a tax file number; and (b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary: (i) if a tax file number is issued to the person-the tax file number; or (ii) if the application is refused-that the application has been refused; or (iii) if the application is withdrawn-that the application has been withdrawn; and (c) the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and (d) the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and (e) the application for a tax file number has not been withdrawn. Provision of partner's tax file number Member of couple must provide partner's tax file number or declaration "87.(1) Subject to subsection (4), a youth training allowance is not payable to a person if: (a) the person is a member of a couple; and (b) the person is requested under section 131 or 148 to give the Secretary a written statement of the tax file number of the person's partner; and (c) at the end of 28 days after the request is made the person has neither: (i) given the Secretary a written statement of the partner's tax file number; nor (ii) given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3). Partner does not know tax file number "(2) A person satisfies this subsection if: (a) the partner's declaration states that the partner: (i) has a tax file number but does not know what it is; and (ii) has asked the Commissioner of Taxation to inform the partner of the partner's tax file number; and (b) the person has given the Secretary a document signed by the partner that authorises the Commissioner of Taxation to tell the Secretary: (i) whether the partner has a tax file number; and (ii) if the partner has a tax file number-the tax file number; and (c) the Commissioner of Taxation has not told the Secretary that the partner has no tax file number. Application for partner's tax file number pending "(3) A person satisfies this subsection if: (a) the partner's declaration states that the partner has applied for a tax file number; and (b) the person has given the Secretary a document signed by the partner that authorises the Commissioner of Taxation to tell the Secretary: (i) if a tax file number is issued to the partner-the tax file number; or (ii) if the application is refused-that the application has been refused; or (iii) if the application is withdrawn-that the application has been withdrawn; and (c) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and (d) the application for a tax file number has not been withdrawn. Secretary may waive requirement "(4) The Secretary may waive the request for a statement of the partner's tax file number if the Secretary is satisfied that: (a) the person does not know the partner's tax file number; and (b) the person can obtain none of the following from the partner: (i) the partner's tax file number; (ii) a statement of the partner's tax file number; (iii) a declaration by the partner under subparagraph (1)(c)(ii). Full-time students Allowance not payable to full-time student "88.(1) Subject to subsection (2), a youth training allowance is not payable to a person who is enrolled in a full-time course of education or of vocational training for the period that: (a) starts when the person starts the course; and (b) finishes when the person: (i) completes the course; or (ii) abandons the course; or (iii) gives notice to the provider of the course that the person wishes to withdraw from the course, or wishes to withdraw from such number of subjects that the person's course will no longer be a full-time course; and (c) includes periods of vacation. Periods when allowance payable to full-time student "(2) Subsection (1) does not prevent a youth training allowance from being payable for any period during which: (a) a person is enrolled in a course that the Secretary has required the person to undertake under subsection 75(7); or (b) the person has deferred a course of education. Multiple entitlement exclusion Social security pension or benefit becoming payable "89.(1) If: (a) a person is receiving a youth training allowance; and (b) a social security pension or a social security benefit becomes payable to the person; a youth training allowance is not payable to the person. Note 1: Another payment type will generally not become payable to the person until the person claims it. Note 2: The expression'social security pension' includes sheltered employment and rehabilitation allowances (see subsection 23(1) of the Social Security Act). Note 3: For the day on which the youth training allowance ceases to be payable see section 151. Person receiving payment under certain schemes "(2) Subject to subsections (3) and (4), a youth training allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under: (a) a prescribed educational scheme, other than the ABSTUDY Tertiary Scheme to the extent that it applies to part-time students; or (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or (c) a LEAP program. Note 1: For 'prescribed educational scheme' see section 5 of the Social Security Act. Note 2: For 'LEAP program' see subsection 23(1) of the Social Security Act. Payment before person starts course of study "(3) If: (a) a person enrols in a full-time course of education; and (b) a payment under a scheme referred to in subsection (2) may be made in respect of the person; the Secretary may decide that, in spite of subsection (2), youth training allowance is payable to the person for a period before the person starts the course. Application made under AUSTUDY or ABSTUDY Schemes "(4) If: (a) a person enrols in a full-time course of education; and (b) the course is to last for 6 months or more; and (c) an application is made for a payment in respect of the person under: (i) the AUSTUDY Scheme; or (ii) the ABSTUDY Schooling Scheme; or (iii) the ABSTUDY Tertiary Scheme; and (d) the person was receiving youth training allowance immediately before the start of the course; the Secretary may decide that, in spite of subsection (2), youth training allowance is payable to the person until: (e) the application is determined; or (f) the end of the period of 3 weeks beginning on the day on which the course starts; whichever happens first. Commonwealth funded employment program exclusion "90. A youth training allowance is not payable to a person for a period if the person has received, or may receive, income for that period that is paid by a community or group from funds provided under a Commonwealth funded employment program. Note: For 'Commonwealth funded employment program' see subsection 58(1). Provisional commencement day Day when person claims benefit "91.(1) Subject to subsections (2), (3), (4) and (5), a person's provisional commencement day is the day on which the person claims a youth training allowance. Initial incorrect or inappropriate claim followed by claim for youth training allowance "(2) If: (a) the person makes a claim (the'initial claim') for: (i) a social security pension, a service pension or a social security benefit; or (ii) a pension, allowance, benefit or other payment under an Act other than this Act or the Social Security Act, or under a program administered by the Commonwealth, that is similar in character to a youth training allowance; and (b) on the day on which the person makes the initial claim, the person is qualified for youth training allowance; and (c) the person afterwards makes a claim for youth training allowance; and (d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person; the person's provisional commencement day is, subject to subsections (3), (4) and (5), the day on which the person made the initial claim. Claim within 14 days of Commonwealth Employment Service registration "(3) If: (a) a person is not a transferee to youth training allowance; and (b) the person is not subject to an education leavers waiting period (see subsection 98(1)); and (c) the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed; and (d) the day that would be the person's provisional commencement day under subsections (1) and (2) occurs: (i) within 14 days after becoming so registered by the Commonwealth Employment Service; or (ii) within a further period after becoming so registered by the Commonwealth Employment Service that the Secretary considers reasonable; the person's provisional commencement day is the day on which the person became registered by the Commonwealth Employment Service. Education leavers who claim within 14 days of Commonwealth Employment Service registration "(4) If: (a) a person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed; and (b) the person is subject to an education leavers waiting period (see subsection 98(1)); the person's provisional commencement day is: (c) if the person becomes so registered by the Commonwealth Employment Service before stopping the course, and the day that would be the person's provisional commencement day under subsections (1) and (2) occurs: (i) within 14 days after stopping the course; or (ii) within any further period after stopping the course that the Secretary considers reasonable; the day after the last day on which the person was undertaking the course; or (d) if the person becomes so registered by the Commonwealth Employment Service after stopping the course, and the day that would be the person's provisional commencement day under subsections (1) and (2) occurs: (i) within 14 days after becoming so registered by the Commonwealth Employment Service; or (ii) within any further period after becoming so registered by the Commonwealth Employment Service that the Secretary considers reasonable; the day on which the person became so registered by the Commonwealth Employment Service. Transferees "(5) If a person is a transferee to youth training allowance and: (a) the person claims the youth training allowance within 14 days after the transfer day; or (b) both of the following subparagraphs are satisfied: (i) the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed within 14 days after the transfer day; and (ii) the day that would be the person's provisional commencement day under subsections (1) and (2) occurs within 14 days after the person becomes so registered by the Commonwealth Employment Service or within any further period that the Secretary considers reasonable; the person's provisional commencement day is the person's transfer day. Claim resulting from a major disaster "(6) If a person: (a) claims a disaster relief payment under the Social Security Act; and (b) is qualified for the payment; and (c) as a result of the major disaster to which the payment relates, claims youth training allowance within 14 days after the day on which the person claimed the disaster relief payment; the person's provisional commencement day is the day on which he or she was affected by the disaster. Note 1: For 'transferee to a youth training allowance' and'transfer day' see section 61. Note 2: For 'allowance category' see subsection 58(2). Start of youth training allowance "92. A youth training allowance is not payable to a person who is qualified for the allowance before: (a) if the person is not subject to a waiting period-the person's provisional commencement day; or (b) if the person is subject to one waiting period only-the first day after the end of that waiting period; or (c) if the person is subject to more than one waiting period-the first day after all of the waiting periods have ended. Note 1: For 'provisional commencement day' see section 91. Note 2: A waiting period is: (a) an unused annual leave waiting period (see sections 93, 94 and 95); or (b) an ordinary waiting period (see sections 96 and 97); or (c) an education leavers waiting period (see sections 98, 99 and 100); or (d) a newly arrived residents waiting period (see sections 101 and 102). Note 3: If the person: (a) is subject to an unused annual leave waiting period; and (b) is subject to an ordinary waiting period; the ordinary waiting period will follow the unused annual leave waiting period (see subsection 97(2)). Note 4: If the person is subject to an education leavers waiting period and another waiting period, the education leavers waiting period runs concurrently with the other waiting period and the youth training allowance will not be payable until the longest waiting period has ended. Note 5: If the person is subject to a newly arrived residents waiting period and another waiting period, the newly arrived residents waiting period runs concurrently with the other waiting period and the youth training allowance will not be payable until the longest waiting period has ended. "Subdivision E-Situations in which allowance not payable (waiting periods) Unused annual leave waiting period Person subject to unused annual leave waiting period "93.(1) Subject to subsections (2), (3) and (4), a person is subject to an unused annual leave waiting period if: (a) when the person became unemployed, the person became entitled to receive a payment for unused annual leave; and (b) the person's provisional commencement day occurs within the notional leave period. No application to certain transferees "(2) Subsection (1) does not apply to a person if both of the following conditions apply: (a) the person is a transferee to youth training allowance; (b) the person claims the youth training allowance: (i) within 14 days after the transfer day; or (ii) if the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed within 14 days after the transfer day-within 14 days after the day on which the person became so registered or any further period that the Secretary considers reasonable. No application to certain people who become qualified for youth training allowance "(3) Subsection (1) does not apply to a person who becomes qualified for a youth training allowance at the end of a period for which, under subsection 73(3), the person is taken to have been registered by the Commonwealth Employment Service in an allowance category as being unemployed (non-registration up to 6 weeks). Exemption "(4) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Note 1: For 'unused annual leave' see section 23 of the Social Security Act. Note 2: For 'notional leave period' see section 94. Note 3: For 'provisional commencement day' see section 91. Notional leave period Definition of'notional leave period' "94.(1) A person's notional leave period is the period that: (a) starts on the day after the day on which the person's employment has ended; and (b) runs for the number of days for which the person has unused annual leave as worked out under subsections (2) and (3). Method of working out unused annual leave "(2) Subject to subsection (3), the number of days for which the person has unused annual leave is worked out as follows: (a) if the period of unused annual leave is expressed in weeks- multiply by 7 the number of weeks (including fractions of weeks) in the period of unused annual leave and disregard any fraction that results; (b) in any other case-multiply by 7 the number of working weeks (including any fractions of a working week) represented by the period of unused annual leave and disregard any fraction that results. Maximum unused annual leave "(3) The number of days for which a person has unused annual leave cannot be more than 28 days. Duration of unused annual leave waiting period "95. A person's unused annual leave waiting period starts on the day after the day on which the person's employment has ended and finishes on the last day of the notional leave period. Note 1: For'notional leave period' see section 94. Note 2: An unused annual leave waiting period may apply to a person whether or not the person is subject to an ordinary waiting period. If the person is subject to an ordinary waiting period, that period will start after the unused annual leave waiting period (see subsection 97(2)). Note 3: For 'provisional commencement day' see section 91. Ordinary waiting period "96. A person is subject to an ordinary waiting period unless: (a) at some time in the 13 weeks immediately before the person's provisional commencement day, the person received: (i) a youth training allowance; or (ii) a social security benefit; or (iii) a social security pension; or (iv) a service pension; or (b) the person: (i) has started formal vocational training in a labour market program approved by the Secretary or has started a rehabilitation program approved by the Secretary; and (ii) has been exempted from the application of this section by the Secretary; or (c) the person is a member of a couple and the person's partner dies; or (d) the Secretary is satisfied that the person would suffer severe financial hardship if the person were subject to the ordinary waiting period; or (e) the following conditions apply: (i) the person undertakes a LEAP program; (ii) immediately before undertaking the program, the person was receiving a social security pension, a social security benefit or a youth training allowance; (iii) the person completes the program; (iv) immediately after completing the program, the person is qualified for youth training allowance; (v) the person claims youth training allowance within 14 days after the day on which the person completes the program. Note 1: For'provisional commencement day' see section 91. Note 2: For'social security benefit' see subsection 23(1) of the Social Security Act. Note 3: For'social security pension' see subsection 23(1) of the Social Security Act. Note 4: For'service pension' see subsection 23(1) of the Social Security Act. Note 5: For'LEAP program' see subsection 23(1) of the Social Security Act. Duration of ordinary waiting period No unused annual leave waiting period "97.(1) If a person: (a) is subject to an ordinary waiting period; and (b) is not subject to an unused annual leave waiting period; and (c) is not disqualified for youth training allowance under section 72 (liquid assets test); the ordinary waiting period is the period of 7 days that starts on the person's provisional commencement day. Note 1: For 'provisional commencement day' see section 91. Note 2: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the ordinary waiting period. Note 3: If the person is subject to a newly arrived residents waiting period, the newly arrived residents waiting period runs concurrently with the ordinary waiting period. Unused annual leave waiting period "(2) If a person: (a) is subject to an ordinary waiting period; and (b) is subject to an unused annual leave waiting period; and (c) is not disqualified for youth training allowance under section 72 (liquid assets test) the ordinary waiting period is the period of 7 days that starts on the day after the day on which the person's unused annual leave waiting period ends. Note 1: If the person is subject to an education leavers waiting period, the education leavers waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period. Note 2: If the person is subject to a newly arrived residents waiting period, the newly arrived residents waiting period runs concurrently with the unused annual leave waiting period and the ordinary waiting period. Day on which liquid assets test waiting period ends "(3) If a person: (a) is subject to an ordinary waiting period; and (b) is disqualified for youth training allowance under section 72 (liquid assets test); the ordinary waiting period is the period of 7 days that starts on the day after the end of the liquid assets waiting period. Education leavers waiting period People subject to waiting period "98.(1) Subject to subsections (2), (3), (4) and (5), a person is subject to an education leavers waiting period if the person: (a) was undertaking a full-time course of education of at least 6 months duration; and (b) has stopped the course; and (c) immediately before stopping the course, was not receiving: (i) a social security pension; or (ii) a social security benefit; and (d) has a provisional commencement day within 6 months after stopping the course; and (e) is not covered by subsection (6); and (f) is not covered by subsection (7) (people otherwise qualified for special benefit). People not subject to waiting period "(2) Subsection (1) does not apply to a person if both of the following conditions apply: (a) the person is a transferee to youth training allowance; (b) the person claims the youth training allowance: (i) within 14 days after the transfer day; or (ii) if the person becomes registered by the Commonwealth Employment Service in an allowance category as being unemployed within 14 days after the transfer day-within 14 days after the day on which the person became so registered or any further period that the Secretary considers reasonable. No application to certain transferees to youth training allowance "(3) Subsection (1) does not apply to a person who becomes qualified for a youth training allowance at the end of a period for which, under subsection 73(3), the person is taken to have been registered by the Commonwealth Employment Service in an allowance category as being unemployed (non-registration up to 6 weeks). No application to certain people who become qualified for youth training allowance "(4) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Note: For 'provisional commencement day' see section 91. People returning to income support "(5) Subsection (1) does not apply to a person if: (a) the person is receiving a social security pension or social security benefit; and (b) the person stops receiving the pension or benefit on a particular day (the'termination day'); and (c) the person undertakes a full-time course of education of at least 6 months duration; and (d) the person stops the course; and (e) the person's provisional commencement day is within 12 months after the termination day. Note 1: For 'social security benefit' see subsection 23(1) of the Social Security Act. Note 2: For 'social security pension' see subsection 23(1) of the Social Security Act. Note 3: For 'provisional commencement day' see section 91. No education leavers waiting period in some cases if already served "(6) A person who would otherwise be subject to an education leavers waiting period in relation to youth training allowance is not subject to such a period if: (a) the person had previously been subject to an education leavers waiting period under this Part or the Social Security Act; and (b) a youth training allowance had been payable to the person continuously from the end of the education leavers waiting period until immediately before the person started the course; and (c) the person's provisional commencement day is within 4 weeks after starting the course. Note 1: For 'provisional commencement day' see section 91. Note 2: For 'education leavers waiting period' see subsection 58(1). People otherwise qualified for special benefit "(7) A person is not subject to an education leavers waiting period if the Secretary is satisfied that special benefit under Part 2.15 of the Social Security Act would be payable to the person during the waiting period if the person were subject to the waiting period. Note: For'education leavers waiting period' see subsection 58(1). Duration of education leavers waiting period-non-secondary school leavers People covered by this section "99.(1) This section applies to a person unless section 100 (secondary school leavers) applies to the person. General rule "(2) Subject to this section, the education leavers waiting period starts on the person's provisional commencement day and lasts for: (a) 13 weeks if, on the person's provisional commencement day, the person: (i) is not a member of a couple; and (ii) does not have a dependent child; or (b) 6 weeks if, on the person's provisional commencement day, the person: (i) is a member of a couple; or (ii) has a dependent child. Note 1: The duration of the education leavers waiting period may be modified by: (a) subsections (3) and (4) (change of status during waiting period); (b) subsection (6) (periods of employment or periods on special benefit); (c) subsections (7) and (8) (periods of part-time employment); (d) subsection (10) (previous periods of non-payment because of education leavers waiting period); (e) subsection (11) (6 months ceiling). Note 2: For 'provisional commencement day' see section 91. Change of status in first 6 weeks "(3) Subject to subsection (5), if: (a) a person who is covered by paragraph (2)(a) becomes a member of a couple; or (b) a person becomes a dependent child of someone who is covered by paragraph (2)(a); within 6 weeks from and including the person's provisional commencement day, the education leavers waiting period starts on the person's provisional commencement day and lasts for 6 weeks. Note: For 'provisional commencement day' see section 91. Change of status after 6 weeks "(4) Subject to subsection (5), if: (a) a person who is covered by paragraph (2)(a) becomes a member of a couple; or (b) a person becomes a dependent child of someone who is covered by paragraph (2)(a); in the period: (c) starting at the end of 6 weeks from the person's provisional commencement day; and (d) lasting for 6 weeks; the education leavers waiting period starts on the person's provisional commencement day and ends on the day before the day on which the person is first covered by paragraph (a) or (b). Note: For 'provisional commencement day' see section 91. Notification required "(5) For the purposes of subsections (3) and (4): (a) a person is not taken to have become a member of a couple; and (b) a person is not taken to have become a dependent child of someone; until the person tells the Department of Social Security that this is the case. Reduction of waiting period for periods of full-time employment or special benefit "(6) The waiting period imposed by subsection (2) or (3) is to be reduced by a period equivalent to: (a) if the person is subject to a 13 week education leavers waiting period-any period during which the person was employed on a full-time basis after stopping the course; and (b) if the person is subject to a 6 week education leavers waiting period-any period during which the person has been employed, at any time, on a full-time basis; and (c) any period during which the person was paid special benefit under Part 2.15 of the Social Security Act after stopping the course. Reduction of waiting period for periods of part-time work "(7) The waiting period imposed by subsection (2) or (3) is reduced for the period worked out under subsection (8) if the person has had at least 35 hours of part-time work. Note: For 'part-time work' see subsection (12). Calculation of part-time work reduction "(8) If subsection (7) applies to the person, the waiting period reduction is: (a) one week for the first 35 hours of part-time work the person has had; and (b) one day for each complete additional 7 hours of part-time work the person has had. Date of part-time work "(9) If the person is subject to a 13 week education leavers waiting period, only part-time work that the person has had since stopping the course of education is to be taken into account for the purposes of subsections (7) and (8). Reduction of education leavers waiting period where already partially served "(10) If: (a) a person is subject to an education leavers waiting period; and (b) the person started the course concerned at a time when a job search allowance, a youth training allowance or sickness allowance was not payable to the person because of an education leavers waiting period under this Part or the Social Security Act; and (c) the person's provisional commencement day is within 4 weeks after the person started the course concerned; the duration of the first-mentioned education leavers waiting period is reduced by the number of days of the previous education leavers waiting period that the person had served immediately before starting the course. Note 1: For 'provisional commencement day' see section 91. Note 2: For 'education leavers waiting period' see section 98. Period not to extend beyond 6 months after end of course "(11) An education leavers waiting period that applies in respect of a course of study undertaken by a person is not to extend more than 6 months after the person has stopped the course. Interpretation "(12) In this section: 'part-time work' means work engaged in otherwise than on a full-time basis and includes such work engaged in on a casual basis. Duration of education leavers waiting period-secondary school leavers People covered by this section "100.(1) This section applies to a person if the course of education that the person stops is a full-time course of education at a secondary school. General rule "(2) Subject to this section, the education leavers waiting period starts on the person's waiting period start day and lasts for: (a) 13 weeks if, on that day, the person: (i) is not a member of a couple; and (ii) does not have a dependent child; or (b) 6 weeks if, on that day, the person: (i) is a member of a couple; or (ii) has a dependent child. Note 1: The duration of the education leavers waiting period may be modified by: (a) subsections (3) and (4) (change of status during waiting period); (b) subsection (6) (15 February cut-off); (c) subsection (7) (periods of full-time employment or periods on special benefit); (d) subsections (8) and (9) (periods of part-time employment); (e) subsection (11) (previous periods of non-payment because of education leavers waiting period). Note 2: For 'waiting period start day' see subsection (12). Change of status in first 6 weeks "(3) Subject to subsection (5), if: (a) a person who is covered by paragraph (2)(a) becomes a member of a couple; or (b) a person becomes a dependent child of someone who is covered by paragraph (2)(a); within 6 weeks from and including the person's waiting period start day, the education leavers waiting period starts on the person's waiting period start day and lasts for 6 weeks. Note: For 'waiting period start day' see subsection (12). Change of status after 6 weeks "(4) Subject to subsection (5), if: (a) a person who is covered by paragraph (2)(a) becomes a member of a couple; or (b) a person becomes a dependent child of someone who is covered by paragraph (2)(a); in the period: (c) starting at the end of 6 weeks from the person's waiting period start day; and (d) lasting for 6 weeks; the education leavers waiting period starts on the person's waiting period start day and ends on the day before the day on which the person is first covered by paragraph (a) or (b). Note: For 'waiting period start day' see subsection (12). Notification required "(5) For the purposes of subsections (3) and (4): (a) a person is not taken to have become a member of a couple; and (b) a person is not taken to have become a dependent child of someone; until the person tells the Department of Social Security that this is the case. Waiting period to end on 15 February "(6) If, apart from this subsection, a person's education leavers waiting period would end later than 15 February next after the person's waiting period start day, then the waiting period ends on that 15 February. Reduction of waiting period for periods of special benefit and full-time employment "(7) The waiting period imposed by subsection (2) or (3) is reduced by a period equivalent to: (a) if the person is subject to a 13 week education leavers waiting period -any period during which the person was employed on a full-time basis after stopping the course; and (b) if the person is subject to a 6 week education leavers waiting period-any period during which the person has been employed, at any time, on a full-time basis; and (c) any period during which the person was paid special benefit under Part 2.15 of the Social Security Act after stopping the course. Reduction of waiting period for periods of part-time work "(8) The waiting period imposed by subsection (2) or (3) is reduced for the period worked out under subsection (9) if the person has had at least 35 hours of part-time work. Note: For 'part-time work' see subsection (12). Calculation of part-time work reduction "(9) If subsection (8) applies to the person, the waiting period reduction is: (a) one week for the first 35 hours of part-time work the person has had; and (b) one day for each complete additional 7 hours of part-time work the person has had. Date of part-time work "(10) If the person is subject to a 13 week education leavers waiting period, only part-time work that the person has had since stopping the course of education is taken into account for the purposes of subsections (8) and (9). Reduction of education leavers waiting period if already partially served "(11) If: (a) a person is subject to an education leavers waiting period; and (b) the person started the course concerned at the time when a job search allowance, a youth training allowance or sickness allowance was not payable to the person because of an education leavers waiting period under this Part or the Social Security Act; and (c) the person's provisional commencement day is within 4 weeks after the person started the course concerned; the duration of the first-mentioned education leavers waiting period is reduced by the number of days of the previous education leavers waiting period that the person had served immediately before starting the course. Note 1: For 'provisional commencement day' see section 91. Note 2: For 'education leavers waiting period' see section 98. Interpretation "(12) In this section: 'part-time work' means work engaged in otherwise than on a full-time basis and includes such work engaged in on a casual basis; 'waiting period start day', in relation to a person, means the day after the day on which the person stops a full-time course of education at a secondary school. Newly arrived residents waiting period Application "101.(1) Subject to this section, a person who: (a) has entered Australia on or after 1 January 1993; and (b) holds a permanent visa; is subject to a newly arrived residents waiting period. Note: For 'holder' and'permanent visa' see subsection 7(1) of the Social Security Act. Person holding visa "(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a youth training allowance. Person holding entry permit "(3) Subsection (1) does not apply to a person: (a) if, immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or (b) if: (i) immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period ('permit period') of less than 26 weeks; and (ii) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and (iii) the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks. Note: For 'designated temporary entry permit' see subsection 7(1) of the Social Security Act. Partner an Australian resident "(4) Subsection (1) does not apply to a person if: (a) the person was a member of a couple immediately before entering Australia; and (b) the person's partner had been an Australian resident for at least 26 weeks when the person entered Australia. Note: For 'Australian resident' see subsection 7(2) of the Social Security Act. Person already subject to waiting period "(5) Subsection (1) does not apply to a person if: (a) the person has already served a newly arrived residents waiting period under this Part or a newly arrived resident's waiting period under the Social Security Act; or (b) the person: (i) has previously entered Australia; and (ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person's last departure from Australia. Note: For newly arrived resident's waiting period under the Social Security Act see subsection 23(1) of that Act. Duration of newly arrived residents waiting period Start of period "102.(1) If a person is subject to a newly arrived residents waiting period, the period starts on the day on which the person's permanent visa comes into force and ends on the day worked out under subsection (2) or (3). Duration-temporary entry permit holders "(2) If: (a) immediately before 1 September 1994, the person held a valid designated temporary entry permit; and (b) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and (c) that temporary visa was in force immediately before the person was granted his or her permanent visa; the newly arrived residents waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person. Note: For 'designated temporary entry permit' see subsection 7(1) of the Social Security Act. Duration-other people "(3) If subsection (2) does not apply, the newly arrived residents waiting period ends 26 weeks after the day on which the person was granted his or her permanent visa. "Subdivision F-Situations in which allowance not payable (activity test breaches) Removal from allowance for failure to satisfy activity test Failure to satisfy activity test "103.(1) Subject to subsection (2), a youth training allowance is not payable to a person for the activity test deferment period if: (a) the person is required to satisfy the activity test in order to qualify, or to continue to qualify, for a youth training allowance; and (b) the person fails to satisfy the activity test. Exemption for person in labour market or rehabilitation program "(2) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods. Removal from allowance for failure to enter into activity agreement Failure to enter into activity agreement "104.(1) Subject to subsections (2) and (3), a youth training allowance is not payable to a person for the activity test deferment period if: (a) the person is required to enter into a Youth Training Activity Agreement in order to qualify, or to continue to qualify, for the youth training allowance; and (b) the person fails to enter into a Youth Training Activity Agreement. Exemption for person in labour market or rehabilitation program "(2) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Exemption for person referred to case manager "(3) Subsection (1) does not apply to a person who: (a) has been referred to a case manager under Part 4.3 of the Employment Services Act 1994; and (b) has been exempted from the application of that subsection by the Secretary. Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods. Removal from allowance for failure to comply with activity agreement Failure to comply with activity agreement "105.(1) Subject to subsections (2) and (3), a youth training allowance is not payable to a person for the activity test deferment period if: (a) the person is required to take reasonable steps to comply with the terms of a Youth Training Activity Agreement in order to qualify, or to continue to qualify, for a youth training allowance; and (b) the person fails to take reasonable steps to comply with the terms of a Youth Training Activity Agreement. Exemption for person in labour market or rehabilitation program "(2) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Exemption for person referred to case manager "(3) Subsection (1) does not apply to a person who: (a) has been referred to a case manager under Part 4.3 of the Employment Services Act 1994; and (b) has been exempted from the application of that subsection by the Secretary. Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods. Unemployment due to voluntary act "106. If: (a) a person's unemployment is due, either directly or indirectly, to a voluntary act of the person; and (b) the voluntary act was without sufficient reason; a youth training allowance is not payable to the person for the activity test deferment period. Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods. Unemployment due to misconduct "107. If a person's unemployment is due to the person's misconduct as a worker, a youth training allowance is not payable to the person for the activity test deferment period. Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods. Refusal of offer of employment "108. If a person has refused or failed, without sufficient reason, to accept a suitable offer of employment, a youth training allowance is not payable to the person for the activity test deferment period. Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods. Activity test deferment periods Period in ordinary circumstances "109.(1) Subject to subsections (2) and (3), if a youth training allowance automatic deferment provision of this Subdivision applies to a person, the deferment period that applies to the person is: (a) if, at the time the provision begins to apply, the person's unemployment duration is less than 12 months-2 weeks; or (b) if, at that time, the person's unemployment duration is 12 months or more, but is less than 18 months-4 weeks; or (c) if, at that time, the person's unemployment duration is 18 months or more-6 weeks. Note: For 'youth training allowance automatic deferment provision' see section 58. If more than one previous activity test deferment period "(2) Subject to subsections (3), (4) and (5), if: (a) a youth training allowance automatic deferment provision of this Subdivision applies to a person at a particular time; and (b) one or more activity test deferment periods had applied to the person within the period of 3 years before that time; the deferment period is 6 weeks plus: (c) in respect of a period (if any) referred to in paragraph (b) of this subsection that was fixed under subsection (1), the number of weeks fixed under that subsection; and (d) in respect of each other period (if any) referred to in that paragraph, a further 6 weeks. Note: For 'activity breach deferment provision' see section 58. If previous administrative breach deferment period "(3) If: (a) a youth training allowance automatic deferment provision of this Subdivision applies to a person at a particular time; and (b) one or more administrative breach deferment periods had applied to the person within the period of 3 years before that time; the deferment period worked out under subsection (1) or (2) is increased, in respect of each administrative breach deferment period, by: (c) if the administrative breach deferment period was worked out under subsection 116(1)-2 weeks; or (d) if it was worked out under subsection 116(2)-4 weeks; or (e) if it was worked out under subsection 116(3)-6 weeks. Note: For 'administrative breach deferment provision' see section 58. Deferment period before 4 July 1994 "(4) If: (a) a period referred to in paragraph (2)(d) relates to an application of an automatic deferment provision before 4 July 1994; and (b) that period had been a period of 2 weeks; the number of weeks referred to in that paragraph in respect of that period is taken to be 2. Note: For 'automatic deferment provision' see section 58. If previous automatic deferment period "(5) If: (a) a period referred to in paragraph (2)(d) relates to an application of an automatic deferment provision before 4 July 1994; and (b) the number of weeks in that period had been worked out under the provision by taking into account one previous application of that or any other automatic deferment provision; the number of weeks referred to in that paragraph in respect of that period is taken to be 4. Note: For 'automatic deferment provision' see section 58. Unemployment duration "(6) A reference in subsection (1) to a person's unemployment duration is a reference to the period during which the person has been continuously receiving a youth training allowance. Resumption of allowance after less than 6 weeks "(7) For the purposes of subsection (6), if the person: (a) is receiving a youth training allowance; and (b) ceases for a period of not longer than 6 weeks to receive the allowance; and (c) at the end of that period begins to receive the allowance again; the person is taken to have been continuously receiving the allowance during that period. Resumption of allowance after deferment "(8) For the purposes of subsection (6), if the person: (a) is receiving a youth training allowance; and (b) as a result of the application of an automatic deferment provision or a discretionary deferment provision, ceases for a period to receive the allowance; and (c) at the end of that period begins to receive the allowance again; the person is taken to have been continuously receiving the allowance during that period. Note: For 'automatic deferment provision' and'discretionary deferment provision' see section 58. Start of activity test deferment periods Notice of start of period "110.(1) Subject to subsection 111(2), if a youth training allowance automatic deferment provision of this Subdivision applies to a person, the Secretary must give the person a written notice telling the person of the start of the activity test deferment period that applies to the person. When period starts "(2) Subject to subsections (3) and (6) and sections 111 and 112, the activity test deferment period starts on the day on which the notice is given to the person. If pre-existing deferment period "(3) Subject to sections 111 and 112, if, at the time of the application of the automatic deferment provision, the person is already subject to a deferment period (the'pre-existing deferment period') that has not yet ended, the activity test deferment period referred to in subsection (1) starts on the day after the day on which the pre-existing deferment period ends. More than one pre-existing deferment period "(4) If, at the time of the application of the automatic deferment provision, the person is already subject to more than one pre-existing deferment period that has not yet ended, the reference in subsection (3) to the day on which the pre-existing deferment period ends is a reference to the day on which the last occurring of those pre-existing deferment periods ends. Application of subsections (3) and (4) "(5) Subsections (3) and (4) apply in respect of a pre-existing deferment period whether or not it has started, and whether or not it is the subject of a notice under this section. Youth training allowance ceasing to be payable "(6) Subject to sections 111 and 112, if: (a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have started, youth training allowance ceases to be payable to the person; and (b) it has not ceased to be payable because of the application of a deferment period; the activity test deferment period referred to in subsection (1) starts on the day on which the youth training allowance ceases to be payable to the person. Note: For 'activity test deferment period','youth training allowance automatic deferment provision' and'deferment period' see subsection 58(1). Application of activity test deferment periods before claims for youth training allowance If automatic deferment period applies "111.(1) Subject to subsection (2) and section 112, if: (a) at a time when a person was not qualified for a youth training allowance, an event occurred that resulted in a youth training allowance automatic deferment provision of this Subdivision applying to the person; and (b) before the end of the resulting activity test deferment period that would have applied to the person (assuming that the deferment period started on the day on which the event occurred), the person made a claim for a youth training allowance; the deferment period is taken to have started on the day after the day on which the event occurred. Application of subsections 110(3), (4) and (5) "(2) Subsections 110(3), (4) and (5) apply in relation to an activity test deferment period referred to in subsection (1) of this section in the same way as they apply to an activity test deferment period referred to in subsection (1) of that section. Notice need not be given in certain cases "(3) Subject to section 112, if: (a) at a time when a person was not qualified for a youth training allowance, an event occurred that resulted in a youth training allowance automatic deferment provision of this Subdivision applying to the person; and (b) the person made a claim for a youth training allowance after the end of the resulting activity test deferment period that would have applied to the person (assuming that the deferment period had started on the day on which the event occurred); then: (c) the deferment period is taken to have started and to have ended before the claim was made; and (d) the Secretary is not obliged to give the person a written notice under subsection 110(1) in respect of the deferment period. Note: For 'activity test deferment period' and'youth training allowance automatic deferment provision' see subsection 58(1). Waiting periods Deferment period starts immediately after waiting period "112.(1) If, under this Subdivision, an activity test deferment period that applies to a person would (apart from this subsection) start at the same time as, or during, a waiting period that applies to the person, the deferment period is taken to start immediately after the end of the waiting period. Suspension of deferment period "(2) If a waiting period that applies to a person starts during an activity test deferment period that applies to the person: (a) the deferment period is taken to be suspended for the duration of the waiting period; and (b) the remainder of the deferment period continues immediately after the end of the waiting period. End of waiting period "(3) If a waiting period applies to a person and: (a) another waiting period starts during that waiting period and continues after the end of that waiting period; or (b) another waiting period starts immediately after the end of that waiting period; a reference in subsection (1) or (2) to the end of that waiting period is taken to be a reference to the end of the other waiting period. Liquid assets test waiting period "(4) A reference in this section to a waiting period includes a reference to a liquid assets test waiting period under section 72. Note: For 'activity test deferment period' and'waiting period' see subsection 58(1). Effect of sections 110, 111 and 112 "113. For the avoidance of doubt: (a) the application of a youth training allowance automatic deferment provision of this Subdivision cannot cause a youth training allowance to cease being payable unless the activity test deferment period arising from the application of that provision has started under section 110, 111 or 112; and (b) those sections do not prevent a youth training allowance from ceasing to be payable in circumstances that do not involve the application of a youth training allowance automatic deferment provision of this Subdivision. Note: For 'activity test deferment period' and'youth training allowance automatic deferment provision' see subsection 58(1). "Subdivision G-Situations in which allowance not payable (administrative breaches) Secretary may require a person to attend the Department of Social Security or the Commonwealth Employment Service etc. Allowance not payable if requirement not complied with "114.(1) If: (a) a person is receiving, or has lodged a claim for, a youth training allowance; and (b) the Secretary is of the opinion that the person should: (i) attend an office of the Department of Social Security or of the Commonwealth Employment Service; or (ii) contact the Department of Social Security or the Commonwealth Employment Service; or (iii) give information to the Secretary; and (c) the Secretary tells the person that the person is required to: (i) attend that office; or (ii) contact that Department or the Commonwealth Employment Service; or (iii) give that information; and (d) the requirement is reasonable; and (e) the person does not comply with the requirement; a youth training allowance is not payable to the person. Reasonable excuse for not complying "(2) The Secretary may determine that a youth training allowance is payable to a person for a period for which it was not payable under subsection (1) if the Secretary is satisfied that the person had a reasonable excuse for not complying with the requirement. Allowance not payable for deferment period "(3) If: (a) a youth training allowance is not payable under subsection (1); and (b) at a later time a youth training allowance would, apart from this subsection, be payable to the person; a youth training allowance is not payable to the person for the administrative breach deferment period. Exemption for person in labour market or rehabilitation program "(4) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Note: See section 116 for the length of administrative breach deferment periods and section 117 for the start of administrative breach deferment periods. Removal from allowance for failure to comply with notification requirements Youth training allowance not payable "115.(1) If a person refuses or fails, without sufficient reason, to comply with a requirement made of the person under section 148, 149, 150 or 343, a youth training allowance is not payable to the person for the administrative test deferment period. Exemption for person in labour market or rehabilitation program "(2) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Note: See section 116 for the length of administrative breach deferment periods and section 117 for the start of administrative breach deferment periods. Administrative breach deferment periods Period in ordinary circumstances "116.(1) Subject to subsections (2), (3) and (4), if a youth training allowance automatic deferment provision of this Subdivision applies to a person, the deferment period that applies to the person is 2 weeks. Note: For 'youth training allowance automatic deferment provision' see section 58. If previous administrative breach deferment period "(2) Subject to subsection (4), if: (a) subsection (1) applies to a person at a particular time; and (b) on one occasion only within the period of 3 years before that time, an administrative breach deferment period applied to the person; the deferment period is 6 weeks. Note: For 'administrative breach deferment period' see section 58. If more than one previous administrative breach deferment period "(3) Subject to subsection (4), if: (a) a youth training allowance automatic deferment provision of this Subdivision applies to a person at a particular time; and (b) an administrative breach deferment period applied to the person on 2 or more occasions within the period of 3 years before that time; the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first. Note: For 'administrative breach deferment period' see section 58. If previous activity test deferment period "(4) If: (a) a youth training allowance automatic deferment provision of this Subdivision applies to a person at a particular time; and (b) one or more activity test deferment periods had applied to the person within the period of 3 years before that time; the deferment period worked out under subsection (1), (2) or (3) is increased, in respect of each activity test deferment period, by: (c) if the activity test deferment period was worked out under paragraph 109(1)(a)-2 weeks; or (d) if it was worked out under paragraph 109(1)(b)-4 weeks; or (e) if it was worked out under paragraph 109(1)(c) or subsection 109(2)-6 weeks. Note: For 'activity test deferment period' see section 58. Start of administrative breach deferment periods Notice of start of period "117.(1) If a youth training allowance automatic deferment provision of this Subdivision applies to a person, the Secretary must give the person a written notice telling the person of the start of the administrative breach deferment period that applies to the person. When period starts "(2) Subject to subsections (3) and (6) and section 118, the administrative breach deferment period starts on the day on which the notice is given to the person. If pre-existing deferment period "(3) Subject to section 118, if, at the time of the application of the automatic deferment provision, the person is already subject to a deferment period (the 'pre-existing deferment period') that has not yet ended, the administrative breach deferment period referred to in subsection (1) starts on the day after the day on which the pre-existing deferment period ends. More than one pre-existing deferment period "(4) If, at the time of the application of the automatic deferment provision, the person is already subject to more than one pre-existing deferment period that has not yet ended, the reference in subsection (3) to the day on which the pre-existing deferment period ends is a reference to the day on which the last occurring of those pre-existing deferment periods ends. Application of subsections (3) and (4) "(5) Subsections (3) and (4) apply in respect of a pre-existing deferment period whether or not it has started, and whether or not it is the subject of a notice under this section. Youth training allowance ceasing to be payable "(6) Subject to section 118, if: (a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have started, youth training allowance ceases to be payable to the person; and (b) it has not ceased to be payable because of the application of a deferment period; the administrative breach deferment period referred to in subsection (1) starts on the day on which the youth training allowance ceases to be payable to the person. Note: For 'administrative breach deferment period','youth training allowance automatic deferment provision' and'deferment period' see subsection 58(1). Waiting periods Deferment period starts immediately after waiting period "118.(1) If, under this Subdivision, an administrative breach deferment period that applies to a person would (apart from this subsection) start at the same time as, or during, a waiting period that applies to the person, the deferment period is taken to start immediately after the end of the waiting period. Suspension of deferment period "(2) If a waiting period that applies to a person starts during an administrative breach deferment period that applies to the person: (a) the deferment period is taken to be suspended for the duration of the waiting period; and (b) the remainder of the deferment period continues immediately after the end of the waiting period. End of waiting period "(3) If a waiting period applies to a person and: (a) another waiting period starts during that waiting period and continues after the end of that waiting period; or (b) another waiting period starts immediately after the end of that waiting period; a reference in subsection (1) or (2) to the end of that waiting period is taken to be a reference to the end of the other waiting period. Liquid assets test waiting period "(4) A reference in this section to a waiting period includes a reference to a liquid assets test waiting period under section 72. Note: For 'administrative breach deferment period' and'waiting period' see subsection 58(1). Effect of sections 117 and 118 "119. For the avoidance of doubt: (a) the application of a youth training allowance automatic deferment provision of this Subdivision cannot cause a youth training allowance to cease being payable unless the administrative breach deferment period arising from the application of that provision has started under section 117 or 118; and (b) those sections do not prevent a youth training allowance from ceasing to be payable in circumstances that do not involve the application of a youth training allowance automatic deferment provision of this Subdivision. Note: For 'administrative breach deferment period' and 'youth training allowance automatic deferment provision' see subsection 58(1). "Subdivision H-Other situations in which allowance not payable Removal from allowance for failure to continue Commonwealth Employment Service registration Allowance not payable in certain circumstances "120.(1) If: (a) a youth training allowance was payable to a person; and (b) the person ceased to be qualified for youth training allowance because the person: (i) was not registered by the Commonwealth Employment Service in an allowance category as being unemployed (see subparagraph 65(1)(g)(iv)); and (ii) the Secretary has not excused the person from being so registered by the Commonwealth Employment Service under section 73; and (c) the person later becomes qualified for youth training allowance again; a youth training allowance is not payable to the person for a period determined, in writing, by the Secretary. Note 1: If a person has been paid youth training allowance while the person was not qualified because he or she was not registered at the Commonwealth Employment Service, an overpayment may arise (see Division 15). Subsection (1) does not prevent the Secretary from taking action to recover the overpayment. Note 2: For 'allowance category' see subsection 58(2). Exemption for person in labour market or rehabilitation program "(2) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Secretary may determine when period of non-payment begins "(3) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) begins and that day may be before the day of the determination. Note: See section 109 for the length of activity test deferment periods and section 110 for the start of activity test deferment periods. Seasonal workers Allowance not payable in certain circumstances "121.(1) If: (a) a person is a seasonal or intermittent worker; and (b) the person's income is enough to maintain: (i) the person; and (ii) any other people who are ordinarily maintained by the person; even though the person is temporarily unemployed; a youth training allowance is not payable to the person for a period determined, in writing, by the Secretary. Exemption "(2) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Secretary may determine when period of non-payment begins "(3) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) begins and that day may be before the day of the determination. Move to area of lower employment prospects Allowance not payable for 12 weeks "122.(1) If, in the opinion of the Secretary, a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, a youth training allowance is not payable to the person for 12 weeks. Exemption for person in labour market or rehabilitation program "(2) Subsection (1) does not apply to a person who: (a) has started: (i) formal vocational training in a labour market program approved by the Secretary; or (ii) a rehabilitation program approved by the Secretary; and (b) has been exempted from the application of that subsection by the Secretary. Sufficient reason for moving "(3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if, and only if, the person: (a) moves to live with a family member who has already established his or her residence in that place of residence; or (b) moves to live near a family member who has already established residence in the same area; or (c) is receiving youth training allowance at the rate that applies to a person who is not independent and lives at home, and moves to accompany his or her parents who wish to establish, or have established, a place of residence; or (d) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a disease or illness suffered by the person or by a family member. Secretary may determine when period of non-payment begins "(4) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) begins and that day may be before the day of the determination. Youth training allowance not payable while person in gaol or in psychiatric confinement following criminal charge "123. Youth training allowance is not payable to a person in respect of a period during which the person is: (a) in gaol; or (b) undergoing psychiatric confinement because the person has been charged with committing an offence. Note 1: For 'in gaol', see subsection 23(5) of the Social Security Act. Note 2: For 'psychiatric confinement' see subsections 23(8) and (9) of the Social Security Act. Double benefit payment on release from gaol or from psychiatric confinement following criminal charge "124. If: (a) a person is released from gaol, or from psychiatric confinement that the person was undergoing because he or she had been charged with committing an offence, after spending at least 7 days in gaol or such confinement; and (b) the person claims youth training allowance within 7 days after being released; and (c) the allowance is payable to the person on the day on which the claim is made; the rate of allowance payable to the person in respect of the period of 7 days starting on the day on which the claim is made is twice the amount that would otherwise be payable to the person in respect of that period. "Division 3-Claim for youth training allowance Need for a claim Proper claim "125.(1) A person who wants to be granted a youth training allowance must make a proper claim for that allowance. Note 1: For 'proper claim' see section 126 (form), section 127 (manner of lodgment) and section 128 (residence/presence in Australia). Note 2: Because the payability of youth training allowance may be affected by, for example, the provisions dealing with the circumstances in which a person's former employment ended (see sections 106 and 107), the person may be asked to support his or her claim for youth training allowance with an end of employment statement by the former employer (see section 349). Claim taken not to be made "(2) For the purposes of subsection (2), if: (a) a claim for youth training allowance is made by or on behalf of a person; and (b) at the time the claim is made, the claim cannot be granted because the person is not qualified for youth training allowance; the claim is to be taken not to have been made. Person serving liquid assets waiting period "(3) Subsection (2) does not apply if: (a) a claim for youth training allowance is made by or on behalf of a person; and (b) at the time the claim is made, the claim cannot be granted because the person is serving a liquid assets test waiting period. Note: For 'liquid assets test waiting period' see section 72. Form of claim "126. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary. Lodgment of claim "127. To be a proper claim, a claim must be lodged: (a) at an office of the Department of Social Security; or (b) at a place in Australia approved for the purpose by the Secretary; or (c) with a person in Australia approved for the purpose by the Secretary. Claimant must be Australian resident and in Australia "128. A claim by a person is not a proper claim unless the person is: (a) an Australian resident; and (b) in Australia; on the day on which the claim is lodged. Claim may be withdrawn Withdrawal of claim "129.(1) A claimant for a youth training allowance or a person on behalf of a claimant may withdraw a claim that has not been determined. Effect of withdrawal "(2) A claim that is withdrawn is taken not to have been made. Manner of withdrawal "(3) A withdrawal may be made orally or in writing. Secretary may request claimant to give statement of claimant's tax file number Request for tax file number "130.(1) The Secretary may request but not compel a claimant for youth training allowance: (a) if the claimant has a tax file number-to give the Secretary a written statement of the claimant's tax file number; or (b) if the claimant does not have a tax file number: (i) to apply to the Commissioner of Taxation for a tax file number; and (ii) to give the Secretary a written statement of the claimant's tax file number after the Commissioner of Taxation has issued it. Failure to satisfy request "(2) A youth training allowance is not payable to a claimant if, at the end of 28 days after a request is made: (a) the claimant has failed to satisfy the request; and (b) the Secretary has not exempted the claimant from having to satisfy the request. Secretary may request claimant to give statement of partner's tax file number Request for tax file number "131.(1) If: (a) a claimant for youth training allowance is a member of a couple; and (b) the claimant's partner is in Australia; the Secretary may request but not compel the claimant to give the Secretary a written statement of the tax file number of the claimant's partner. Failure to satisfy request "(2) A youth training allowance is not payable to a claimant if, at the end of 28 days after a request is made: (a) the claimant has failed to satisfy the request; and (b) the Secretary has not exempted the claimant from having to satisfy the request. Note 1: In some cases the request can be satisfied by giving the Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information relevant to the partner's tax file number (see subsections 87(2) and (3)). Note 2: The Secretary may waive the requirement in some cases (see subsection 87(4)). "Division 4-Determination of claim Secretary to determine claim "132. The Secretary must, in accordance with this Part, determine a claim for youth training allowance. Grant of claim "133. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that: (a) the person is qualified for a youth training allowance; and (b) the allowance is payable. Date of effect of determination Date of effect "134.(1) Subject to this section, a determination under section 133 takes effect on the day on which the determination is made or on any later day or earlier day that is stated in the determination. Notified decision-review sought within 3 months "(2) If: (a) a decision (the'previous decision') is made rejecting a person's claim for youth training allowance; and (b) a notice is given to the person telling the person of the making of the previous decision; and (c) the person applies to the Secretary under section 304, within 3 months after the notice is given, for review of the previous decision; and (d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the previous decision took effect. Notified decision-review sought after 3 months "(3) If: (a) a decision (the'previous decision') is made rejecting a person's claim for youth training allowance; and (b) a notice is given to the person telling the person of the making of the previous decision; and (c) the person applies to the Secretary under section 304, more than 3 months after the notice is given, for review of the previous decision; and (d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the person sought the review. Decision not notified "(4) If: (a) a decision (the'previous decision') is made rejecting a person's claim for youth training allowance; and (b) no notice is given to the person telling the person of the making of the previous decision; and (c) the person applies to the Secretary under section 304 for review of the previous decision; and (d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the previous decision took effect. "Division 5-Rate of youth training allowance How to work out a person's youth training allowance rate Rate to be worked out using Schedule 1 "135.(1) The rate of a person's youth training allowance is to be worked out in accordance with Schedule 1. Limit on benefit rate "(2) If: (a) a person is living with another person as the spouse of the other person on a genuine domestic basis although not legally married to the other person; and (b) the other person is of the opposite sex; and (c) either or both of them are under the age of consent that applies in the State or Territory in which they are living; the rate of the person's youth training allowance is not to be more than the rate at which the allowance would be payable to the person if the other person were the person's partner. Note: This provision has the effect of taking into account the ordinary income and assets of the partner in applying the ordinary income test and assets test respectively. Youth training supplement Supplement for course of vocational training "136.(1) If a person who is receiving a youth training allowance is undertaking a course of vocational training approved by the Secretary for the purposes of this section, the rate of the person's youth training allowance may be increased by an amount, to be known as a youth training supplement, that the Secretary considers appropriate. Components of supplement "(2) The youth training supplement is made up of either or both of the following: (a) an amount to help with the person's expenses in living away from the person's usual residence while undertaking the training (the'living away from home component'); (b) an amount to assist with the person's expenses in maintaining the person's usual residence while living away from that residence and undertaking the training (the 'home base maintenance component'). Maximum living away from home component "(3) The maximum amount of the living away from home component is $30.00 a fortnight. Maximum maintenance component "(4) The maximum amount of the home base maintenance component is $75.80 a fortnight. How to calculate amount of supplement "(5) The Secretary is to calculate the amount (if any) of the youth training supplement by determining: (a) which of the 2 components the person is to receive; and (b) the appropriate amount for each component that the person is to receive. "Division 6-Payment of youth training allowance Start of youth training allowance "137. Youth training allowance becomes payable to a person on the first day on which: (a) the person is qualified for the allowance; and (b) no provision of this Part makes the allowance not payable to the person. Note 1: For qualification see section 65. Note 2: For circumstances in which a youth training allowance is not payable see section 85. Instalments Allowance paid by instalments "138.(1) Youth training allowance is to be paid by instalments for periods determined by the Secretary. Time of payment "(2) Instalments of youth training allowance are to be paid at the times determined by the Secretary. Instalments for period less than a fortnight Period less than a fortnight "139.(1) If: (a) an instalment of youth training allowance is for a period; and (b) the period is less than a fortnight; the instalment for the period is the amount worked out using the formula: youth training allowance rate - week days in period 10 . Period consisting of number of whole fortnights and period less than fortnight "(2) If: (a) an instalment of youth training allowance is for a period; and (b) the period consists of: (i) a number of whole fortnights; and (ii) a period that is less than a fortnight; the instalment, in so far as it relates to the period that is less than a fortnight, is the amount worked out using the formula: youth training allowance rate - week days in period 10 . Rounding off instalment Fraction of a cent "140.(1) If the amount of an instalment includes a fraction of a cent, the amount is to be rounded to the nearest whole cent (0.5 cent being rounded upwards). Amount increased to fortnightly PA rate "(2) If: (a) an amount of pharmaceutical allowance is added to a person's maximum basic rate in working out the amount of an instalment of youth training allowance; and (b) apart from this subsection, the amount of the instalment would be less than the person's fortnightly PA rate; the amount of the instalment is to be increased to the person's fortnightly PA rate. Fortnightly PA rate "(3) For the purposes of subsection (2), the person's fortnightly PA rate is the rate worked out using the formula: pharmaceutical allowance rate x N where: 'pharmaceutical allowance rate' means the fortnightly amount of pharmaceutical allowance added to the person's maximum basic rate in working out the amount of the instalment; 'N' means: (a) if the instalment is for a number of whole fortnights-the number of fortnights; or (b) if the instalment is for a period of less than a fortnight-the number worked out using the formula: week days in period 10 ; or (c) if the instalment is for a period that consists of a number of whole fortnights and a period of less than a fortnight-the number worked out using the formula: week days in short period number of whole fortnights + 10 . Amount increased to $1.00 "(4) If, apart from this section, the amount of an instalment would be less than $1.00, the amount is to be increased to $1.00. Instalments to be paid to person or nominee Payment to person "141.(1) Subject to subsection (3), instalments of a person's youth training allowance are to be paid to the person. Payment on behalf of person "(2) The Secretary may direct that the whole or a part of the instalments of a person's youth training allowance is to be paid to someone else on behalf of the person. Payment in accordance with Secretary's direction "(3) If the Secretary gives a direction under subsection (2), the instalments are to be paid in accordance with the direction. Payment into bank account etc. Manner of payment "142.(1) An amount that is to be paid to a person under section 141 is to be paid in the manner set out in this section. Payment into account "(2) Subject to this section, the amount is to be paid, at the intervals that the Secretary directs, to the credit of a bank account, credit union account or building society account nominated and maintained by the person. Joint or common account "(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person. Account not nominated "(4) If the person has not nominated an account for the purposes of subsection (2), then, subject to subsections (5) and (7), the amount is not to be paid. Account nominated afterwards "(5) If: (a) an amount has not been paid because of subsection (4); and (b) the person nominates an account for the purposes of subsection (2); the amount is to be paid under subsection (2). Secretary may direct payment in different way "(6) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2). Payment in accordance with direction "(7) If the Secretary gives a direction under subsection (6), the amount is to be paid in accordance with the direction. If allowance payday would fall on public holiday etc. "143. If the Secretary is satisfied that an amount of youth training allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day. Payment of allowance after death Payment to person determined by Secretary "144.(1) If: (a) a youth training allowance is payable to a person; and (b) the person dies; and (c) at the date of the person's death the person had not received an amount of youth training allowance payable to him or her; and (d) another person applies to receive the amount; and (e) the application is made: (i) within 6 months after the death; or (ii) within a further period allowed by the Secretary in special circumstances; the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it. No further liability for Commonwealth "(2) If the Secretary pays an amount of youth training allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of youth training allowance. "Division 7-Protection of youth training allowance Youth training allowance to be absolutely inalienable Allowance absolutely inalienable "145.(1) Subject to subsections (2) and (3) and section 299, youth training allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise. Payments to Commissioner of Taxation at recipient's request "(2) The Secretary may make deductions from the instalments of youth training allowance payable to a person if the person asks the Secretary: (a) to make the deductions; and (b) to pay the amount to be deducted to the Commissioner of Taxation. Note: The Secretary must make deductions from a person's youth training allowance if requested by the Commissioner of Taxation-see section 299. Deductions from instalments with recipient's consent "(3) The Secretary may make deductions from the instalments of youth training allowance payable to a person if the person consents under section 283 to the Secretary making the deduction. Note: Section 283 enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a youth training allowance. Effect of garnishee or attachment order Court order not to apply to saved amount "146.(1) If: (a) a person has an account with a financial institution; and (b) instalments of youth training allowance payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and (c) a court order in the nature of a garnishee order comes into force in respect of the account; the court order does not apply to the saved amount (if any) in the account. Method of working out saved amount "(2) The saved amount is worked out as follows: Method statement Step 1. Work out the total amount of youth training allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force. Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount. Single, joint or common account "(3) This section applies to an account whether it is maintained by a person: (a) alone; or (b) jointly with another person; or (c) in common with another person. "Division 8-Recipient obligations Secretary may request recipient to give statement of recipient's tax file number Request for tax file number "147.(1) The Secretary may request but not compel a person to whom youth training allowance is being paid: (a) if the person has a tax file number-to give the Secretary a written statement of the person's tax file number; or (b) if the person does not have a tax file number: (i) to apply to the Commissioner of Taxation for a tax file number; and (ii) to give the Secretary a written statement of the person's tax file number after the Commissioner of Taxation has issued it. Failure to satisfy request "(2) A youth training allowance is not payable to a person if, at the end of 28 days after a request is made: (a) the person has failed to satisfy the request; and (b) the Secretary has not exempted the person from having to satisfy the request. Secretary may request recipient to give statement of partner's tax file number Request for tax file number "148.(1) If: (a) a person to whom youth training allowance is being paid is a member of a couple; and (b) the person's partner is in Australia; the Secretary may request but not compel the person to give the Secretary a written statement of the tax file number of the person's partner. Failure to satisfy request "(2) A youth training allowance is not payable to a person if, at the end of 28 days after a request is made: (a) the person has failed to satisfy the request; and (b) the Secretary has not exempted the person from having to satisfy the request. Note 1: In some cases the request can be satisfied by giving the Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information relevant to the partner's tax file number (see subsections 87(2) and (3)). Note 2: The Secretary may waive the requirement in some cases (see subsection 87(4)). Secretary may require notice of the happening of an event or a change in circumstances Secretary may give notice requiring information "149.(1) The Secretary may give a person to whom a youth training allowance is being paid a notice that requires the person to tell the Department of Social Security if: (a) a stated event or change of circumstances occurs; or (b) the person becomes aware that a stated event or change of circumstances is likely to occur. Event or change relevant to payment "(2) An event or change of circumstances is not to be stated in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance. Formalities related to notice "(3) Subject to subsection (4), a notice under subsection (1): (a) must be in writing; and (b) may be given personally or by post; and (c) must state how the person is to give the information to the Department of Social Security; and (d) must state the period within which the person is to give the information to that Department; and (e) must state that the notice is a recipient notification notice given under this Part. Validity of notice "(4) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e). Period within which information to be given "(5) Subject to subsections (6) and (7), the period stated under paragraph (3)(d) must end at least 7 days after: (a) the day on which the event or change of circumstances occurs; or (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur. Person leaving Australia "(6) If a notice requires the person to tell the Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement. Information as to compensation payment "(7) If the notice requires information about receipt of a compensation payment, the period stated under paragraph (3)(d) in relation to the information must end at least 7 days after the day on which the person becomes aware that he or she has received or is to receive a compensation payment. Refusal or failure to comply with notice "(8) A person must not, without reasonable excuse, intentionally or recklessly refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice. Penalty: Imprisonment for 6 months. Note: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. Application overseas "(9) This section extends to: (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and (b) all people irrespective of their nationality or citizenship. Secretary may require recipient to give particular information relevant to payment of youth training allowance Secretary may give notice requiring statement on matter "150.(1) The Secretary may give a person to whom a youth training allowance is being paid a notice that requires the person to give the Department of Social Security a statement about a matter that might affect the payment of the allowance to the person. Formalities related to notice "(2) Subject to subsection (3), a notice under subsection (1): (a) must be in writing; and (b) may be given personally or by post; and (c) must state how the statement is to be given to the Department; and (d) must state the period within which the person is to give the statement to the Department; and (e) must state that the notice is a recipient statement notice given under this Part. Validity of notice "(3) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e). Period within which statement to be provided "(4) The period stated under paragraph (2)(d) must end at least 7 days after the day on which the notice is given. Statement must be in approved form "(5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary. Refusal or failure to comply with notice "(6) A person must not, without reasonable excuse, intentionally or recklessly refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice. Penalty: Imprisonment for 6 months. Note: Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. Application overseas "(7) This section extends to: (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and (b) all people irrespective of their nationality or citizenship. "Division 9-Continuation, variation and termination "Subdivision A-General Continuing effect of determination Entitlement determination "151.(1) A determination that: (a) a person's claim for a youth training allowance is to be granted; or (b) a youth training allowance is payable to a person; continues in effect until: (c) the allowance ceases to be payable under section 152, 153, 154 or 155; or (d) a further determination in relation to the allowance under section 162 or 163 has taken effect. Note 1: For paragraph (a) see section 133. Note 2: For paragraph (b) see section 165-this paragraph is relevant if the determination in question reverses an earlier cancellation or suspension. Note 3: For paragraph (d) see also section 164. Rate determination "(2) A determination of the rate of a youth training allowance continues in effect until: (a) the allowance becomes payable at a lower rate under section 156, 157 or 158; or (b) a further determination in relation to the allowance under section 160 or 161 has taken effect. "Subdivision B-Automatic termination Automatic termination-transfer to social security pension or benefit "152. If: (a) a person is receiving youth training allowance; and (b) a social security pension or a social security benefit becomes payable to the person; the youth training allowance ceases to be payable to the person immediately before the day on which the pension or benefit becomes payable to the person. Automatic termination-recipient complying with section 149 notification obligations "153. If: (a) a person who is receiving a youth training allowance is given a notice under section 149; and (b) the notice requires the person to tell the Department of the occurrence of an event or change in circumstances within a stated period (the 'notification period'); and (c) the event or change in circumstances occurs; and (d) the person tells the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change in circumstances; (i) the person ceases to be qualified for the allowance; or (ii) the allowance would, apart from this section, cease to be payable to the person; and (f) the allowance is not cancelled before the end of the notification period; the allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person. Note: If the person tells the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's allowance, there is no automatic rate reduction and a determination under section 161 must be made in order to bring the rate reduction into effect. Automatic termination-recipient not complying with section 149 notification obligations "154. If: (a) a person who is receiving a youth training allowance is given a notice under section 149; and (b) the notice requires the person to tell the Department of the occurrence of an event or change in circumstances within a stated period (the 'notification period'); and (c) the event or change in circumstances occurs; and (d) the person does not tell the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or the change in circumstances: (i) the person ceases to be qualified for the allowance; or (ii) the allowance ceases to be payable to the person; the allowance ceases to be payable to the person immediately before the day on which the event or change in circumstances occurs. Automatic termination-failure to provide section 150 statement Allowance ceases to be payable "155.(1) If: (a) a person who is receiving a youth training allowance is given a notice under section 150 requiring the person to give the Department a statement; and (b) the notice relates to the payment of the allowance in respect of a period stated in the notice; and (c) the person does not comply with the notice; the allowance, subject to subsection (2), ceases to be payable to the person as from the first day in that period. Secretary may determine that allowance continues "(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person from a day stated in the determination. Stated day "(3) The day stated under subsection (2) may be before or after the making of the determination. "Subdivision C-Automatic rate reduction Automatic rate reduction-partner starting to receive allowance, pension or benefit "156. If: (a) a person is receiving youth training allowance; and (b) the person's partner starts to receive: (i) a youth training allowance; or (ii) a social security pension or social security benefit; or (iii) a service pension; and (c) the person's youth training allowance rate is reduced because of the partner's receipt of that pension, benefit or allowance; the youth training allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension, benefit or allowance. Automatic rate reduction-recipient not complying with section 149 notification obligations "157. If: (a) a person who is receiving a youth training allowance is given a notice under section 149; and (b) the notice requires the person to tell the Department of the occurrence of an event or change in circumstances within a stated period (the 'notification period'); and (c) the event or change in circumstances occurs; and (d) the person does not tell the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change in circumstances, the person's rate of allowance is to be reduced; the allowance becomes payable to the person at the reduced rate immediately before the day on which the event or change in circumstances occurs. Automatic rate reduction-failure to tell Department of payment for remunerative work if earnings credit account balance available "158. If: (a) a person who is receiving youth training allowance is given a notice under section 149; and (b) the notice requires the person to tell the Department of income for remunerative work undertaken by the person or the person's partner; and (c) the person fails to tell the Department of income of that kind in accordance with the notice; and (d) the person has an earnings credit account balance for the purposes of Subdivision K of Division 11; the allowance becomes payable to the person at the reduced rate from the first payday after the day on which the person's earnings credit account balance is reduced to nil. Changes to payments by computer following automatic termination or reduction "159. If: (a) a person is receiving a youth training allowance on the basis of data in a computer; and (b) the allowance is automatically terminated or the allowance rate is automatically reduced by the operation of a provision of this Part; and (c) the automatic termination or reduction is given effect to by the operation of a computer program approved by the Secretary stopping payment or reducing the rate of payment of the allowance; there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person's allowance. Note: The decision that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 303 and 304) and the Social Security Appeals Tribunal (see section 311). "Subdivision D-Determinations Rate increase determination "160. If the Secretary is satisfied that the rate at which a youth training allowance is being, or has been, paid is less than the rate provided for by this Part, the Secretary is to determine that the rate is to be increased to the rate stated in the determination. Note: For the date of effect of a determination under this section see section 166. Rate reduction determination "161. If the Secretary is satisfied that the rate at which a youth training allowance is being, or has been, paid is more than the rate provided for by this Part, the Secretary is to determine that the rate is to be reduced to the rate stated in the determination. Note 1: A determination under this section is not necessary if an automatic rate reduction is produced by section 157 (see subsection 151(2)). Note 2: For the date of effect of a determination under this section see section 167. Cancellation or suspension determination "162. If the Secretary is satisfied that a youth training allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Part, the Secretary is to determine that the allowance is to be cancelled or suspended. Note 1: A determination under this section is not necessary if an automatic termination is produced by section 152, 153, 154 or 155 (see subsection 151(1)). Note 2: For the date of effect of a determination under this section see section 167. Cancellation or suspension for failure to comply with section 150, 343 or 344 notice "163. If: (a) a person who is receiving a youth training allowance is given a notice under section 150, 343 or 344; and (b) the person does not comply with the requirements set out in the notice; the Secretary may determine that the allowance is to be cancelled or suspended. Note 1: This section will not apply if section 153 or 162 applies. Note 2: For the date of effect of a determination under this section see section 167. Changes to payments by computer "164. If: (a) payment of a youth training allowance to a person is based upon data in a computer; and (b) the allowance rate is increased or reduced, or the allowance is cancelled or suspended, because of the operation of a computer program approved by the Secretary; and (c) the program causes the change for a reason for which the Secretary could determine the change; the change is taken to have been made because of a determination by the Secretary for that reason. Note: The determination that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 303 and 304) and the Social Security Appeals Tribunal (see section 311). Resumption of payment after cancellation or suspension Secretary to determine allowance payable "165.(1) If the Secretary: (a) cancels or suspends a person's youth training allowance under section 162 or 163; and (b) reconsiders the decision to cancel or suspend; and (c) becomes satisfied that because of the decision to cancel or suspend: (i) the person did not receive a youth training allowance that was payable to the person; or (ii) the person is not receiving a youth training allowance that is payable to the person; the Secretary is to determine that a youth training allowance was or is payable to the person. Reconsideration on application or Secretary's initiative "(2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 304 for review or a reconsideration on the Secretary's own initiative. Note: For the date of effect of a determination under this section see section 166. "Subdivision E-Date of effect of determination Date of effect of favourable determination Method of working out date "166.(1) The day on which a determination under section 160 or 165 (the 'favourable determination') takes effect is worked out in accordance with this section. Notified decision-review sought within 3 months "(2) If: (a) a decision (the 'previous decision') is made in relation to a youth training allowance; and (b) a notice is given to the person to whom the allowance is payable telling the person of the making of the previous decision; and (c) the person applies to the Secretary under section 304, within 3 months after the notice is given, for review of the previous decision; and (d) a favourable determination is made as a result of the application for review; the determination takes effect on the day on which the previous decision took effect. Notified decision-review sought after 3 months "(3) If: (a) a decision (the'previous decision') is made in relation to a youth training allowance; and (b) a notice is given to the person to whom the allowance is payable telling the person of the making of the previous decision; and (c) the person applies to the Secretary under section 304, more than 3 months after the notice is given, for review of the previous decision; and (d) a favourable determination is made as a result of the application for review; the determination takes effect on the day on which the person sought the review. Decision not notified "(4) If: (a) a decision (the'previous decision') is made in relation to a youth training allowance; and (b) no notice is given to the person to whom the allowance is payable telling the person of the making of the previous decision; and (c) the person applies to the Secretary under section 304, for review of the previous decision; and (d) a favourable determination is made as a result of the application for review; the determination takes effect on the day on which the previous decision took effect. Notified change of circumstances "(5) If the favourable determination is made following a person having told the Department of a change in circumstances, the determination takes effect on the day on which the Department was told or the day on which the change occurred, whichever is the later. Other determinations "(6) In any other case, the favourable determination takes effect on the day on which the determination was made or on any later day or earlier day (other than a day more than 3 months before the determination was made) that is stated in the determination. Date of effect of adverse determination General "167.(1) The day on which a determination under section 161, 162 or 163 (the 'adverse determination') takes effect is worked out in accordance with this section. Note: If the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review (see section 305 (internal review) and section 314 (review by Social Security Appeals Tribunal)). Date determination takes effect "(2) The adverse determination takes effect on: (a) the day on which the determination is made; or (b) if another day is stated in the determination-that day. Later date than determination "(3) Subject to subsections (4), (5), (6), (7) and (8), the day stated under paragraph (2)(b) must be later than the day on which the determination is made. Contravention of Part "(4) If: (a) the person whose allowance is affected by the adverse determination has contravened a provision of this Part (other than section 150, 343, 344, 345 or 346); and (b) the contravention causes a delay in making the determination; the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made. False statement or misrepresentation-suspension or cancellation "(5) If: (a) a person has made a false statement or a misrepresentation; and (b) because of the false statement or misrepresentation, the allowance has been paid to a person when it should have been cancelled or suspended; the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made. False statement or misrepresentation-rate reduction "(6) If: (a) a person has made a false statement or a misrepresentation; and (b) because of the false statement or misrepresentation, the rate at which the allowance was paid to a person was more than it should have been; the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made. Payment of arrears of periodic compensation payments-suspension or cancellation "(7) If: (a) an adverse determination is made in relation to a person because of point G11 in MODULE G in Schedule 1 (payment of arrears of periodic compensation payments); and (b) the allowance has been paid to the person or the person's partner when, because of the payment of arrears of periodic compensation, the allowance should have been cancelled or suspended; the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made. Payment of arrears of periodic compensation payments-rate reduction "(8) If: (a) an adverse determination is made in relation to a person because of point G11 in MODULE G in Schedule 1 (payment of arrears of periodic compensation payments); and (b) the rate at which the allowance was paid to the person or the person's partner was, because of the payment of arrears of periodic compensation, more than the rate at which the allowance should have been paid; the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made. "Division 10-Bereavement payments on death of partner Qualification for payments under this Division Qualification for payment "168.(1) If: (a) a person is receiving youth training allowance; and (b) the person is a long-term social security recipient; and (c) the person is a member of a couple; and (d) the person's partner dies; and (e) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension; or (iii) was a long-term social security recipient; and (f) on the person's payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Division is less than the sum of: (i) the amount that would otherwise be payable to the person under section 171 (person's continued rate) on that payday; and (ii) the amount (if any) that would otherwise be payable to the person under section 169 (continued payment of partner's pension or benefit) on the partner's payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Division to cover the bereavement period. Note 1: Section 169 provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person's partner during that period if the partner had not died. Note 2: Section 170 provides for a lump sum that represents the instalments that would have been paid to the person's partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died. Choice not to receive payments "(2) A person who is qualified for payments under this Division may choose not to receive payments under this Division. Form of choice "(3) A choice under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Division; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that choice. Rate during bereavement period "(4) If a person is qualified for payments under this Division in relation to the partner's death, the rate at which youth training allowance is payable to the person during the bereavement period is, unless the person has made a choice under subsection (2), governed by section 171. Continued payment of partner's pension or benefit "169. If a person is qualified for payments under this Division in relation to the death of the person's partner, there is payable to the person, on each of the partner's paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died. Lump sum payable in some circumstances "170. If: (a) a person is qualified for payments under this Division in relation to the death of the person's partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section. LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1. Add up: (a) the amount that, if the person's partner had not died, would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday; and (b) the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner's payday immediately before the first available bereavement adjustment payday; the result is called the combined rate. Step 2. Work out the amount that, apart from section 171, would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate. Step 3. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component. Step 4. Work out the number of the partner's paydays in the bereavement lump sum period. Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section. Adjustment of person's youth training allowance rate "171. If: (a) a person is qualified for payments under this Division; and (b) the person does not elect under subsection 168(2) not to receive payments under this Division; the rate of the person's youth training allowance during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of youth training allowance payable to the person is the rate at which the allowance would have been payable to the person if the person's partner had not died; (d) during the bereavement lump sum period (if any), the rate at which youth training allowance is payable to the person is the rate at which the allowance would be payable to the person apart from this Division. Effect of death of person entitled to payments under this Division "172. If: (a) a person is qualified for payments under this Division in relation to the death of the person's partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person's partner before the person dies; there is payable, to any person that the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section. LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1. Add up: (a) the amount that, if neither the person nor the person's partner had died, would have been payable to the person on the person's payday immediately after the day on which the person dies; and (b) the amount (if any) that, if neither the person nor the person's partner had died, would have been payable to the person's partner on the partner's payday immediately after the day on which the person died; the result is called the combined rate. Step 2. Work out the amount that, apart from section 171, would have been payable to the person on the person's payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate. Step 3. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component. Step 4. Work out the number of paydays of the partner in the period that begins on the day after the person dies and ends on the day on which the bereavement period ends. Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section. Matters affecting payments under this Division Recovery/reduction of amount payable "173.(1) If: (a) a person is qualified for payments under this Division in relation to the death of the person's partner; and (b) after the person's partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Part, the Social Security Act or Part III of the Veterans' Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person's partner, except to the extent (if any) that the amount is more than the amount payable to the person under this Division; (e) the amount payable to the person under this Division is to be reduced by the amount referred to in paragraph (b). Financial institution not liable "(2) If: (a) a person is qualified for payments under this Division in relation to the death of the person's partner; and (b) the amount to which the person's partner would have been entitled if the person's partner had not died has been paid under this Part, the Social Security Act or Part III of the Veterans' Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (the 'financial institution'); and (c) the financial institution pays to the person, out of the account, an amount not more than the total of the amounts paid as mentioned in paragraph (b); the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person's partner or anyone else in respect of the payment of that money to the person. "Division 11-General provisions relating to the ordinary income test "Subdivision A-Ordinary income concept Ordinary income is generally total gross income (not net income after deductions) from all sources Working out ordinary income "174.(1) A person's ordinary income is to be worked out by adding together the person's ordinary income from all sources. Note: For 'ordinary income' see subsection 8(1) of the Social Security Act. What ordinary income consists of "(2) A person's ordinary income consists of: (a) the person's ordinary income as defined in subsection 8(1) of the Social Security Act; and (b) amounts that are taken to be ordinary income of the person under section 175 (trading stock) or under Subdivisions B, C, D, E and F (investment income), Subdivision G (moneys held), Subdivision H (loans) or Subdivision I (assets disposal). Ordinary income is gross ordinary income "(3) Subject to sections 175 and 176, a person's ordinary income is the person's gross ordinary income without any reduction. Ordinary income from a business-treatment of trading stock Inclusion of increase in value of trading stock "175.(1) If: (a) a person carries on a business; and (b) the value of all the business's trading stock on hand at the end of a tax year is more than the value of all the business's trading stock on hand at the beginning of that year; the person's ordinary income for that year in the form of profits from the business is to include the amount of the difference in values. Reduction for decrease in value of trading stock "(2) If: (a) a person carries on a business; and (b) the value of all the business's trading stock on hand at the end of a tax year is less than the value of all the business's trading stock on hand at the beginning of that year; the person's ordinary income for that year in the form of profits from the business is to be reduced by the amount of the difference in values. Note: For 'tax year' see subsection 23(1) of the Social Security Act. Permissible reductions-business income Allowable reductions "176.(1) If a person carries on a business, the person's ordinary income from the business is to be reduced by: (a) losses and outgoings that relate to the business and are allowable deductions for the purposes of section 51 of the Income Tax Assessment Act; and (b) depreciation that relates to the business and is an allowable deduction for the purposes of subsection 54(1) of that Act; and (c) amounts that relate to the business and are allowable deductions under subsection 82AAC(1) of that Act. No reduction for investment expenses "(2) If the person is taken because of Subdivision G to receive ordinary income or additional ordinary income from money, the person's ordinary income from the money is not to be reduced by any expenses incurred by the person because of the investment of the money. No reduction for loan expenses "(3) If the person is taken because of Subdivision H to receive ordinary income or additional ordinary income from a loan, the person's ordinary income from the loan is not to be reduced by any expenses incurred by the person because of the loan. "Subdivision B-Investment income-General Structure Provisions relevant to particular investments, etc. "177.(1) Subdivisions C to F deal with various forms of investment and non-periodic receipts. Capital amounts "(2) If the person's ordinary income is not covered by any of Subdivisions C to F, it may be covered by section 178. Certain capital amounts not covered by Subdivisions C to F taken to be received over 12 months Notional weekly income "178.(1) If a person has, whether before or after the commencement of this section, received an amount that is not: (a) income in the form of periodic payments; or (b) ordinary income from remunerative work undertaken by the person; or (c) a return from an accruing return investment; or (d) a return from a market-linked investment; the person is, for the purposes of this Part, taken to have received or to receive one fifty-second of the amount as ordinary income of the person during each week in the 12 months beginning on the day on which the person became entitled to receive the amount. Person receiving an amount "(2) A reference in subsection (1) to a person having received or receiving an amount includes a reference to a person having received or receiving an amount under an arrangement of the kind referred to in the definition of'accruing return investment' in subsection 9(1) of the Social Security Act to the extent to which section 187 or 188 does not apply to that entitlement. "Subdivision C-Managed investments and listed securities Investments to which this Subdivision applies Managed investment "179.(1) This Subdivision applies to an investment that is a managed investment unless it is: (a) an accruing return investment that: (i) was made or acquired before 1 January 1988; and (ii) is covered by section 186; or Note 1: For 'managed investment' see subsection 58(1). Note 2: For 'accruing return investment' see subsection 9(1) of the Social Security Act. (b) a market-linked investment that was made or acquired before 9 September 1988. Note 1: For 'market-linked investment' see subsection 9(1) of the Social Security Act. Note 2: For the treatment of these market-linked investments see section 193. Listed security "(2) This Subdivision applies to a person's investment in the form of a listed security if the person acquired the investment after 18 August 1992. Note: For 'listed security' see subsection 9(1) of the Social Security Act. Bonds and debentures "(3) This Subdivision does not apply to bonds and debentures. How investment returns are taken into account in working out rate of youth training allowance "180. If: (a) a person has an investment; and (b) this Subdivision applies to the investment; and (c) based on its performance over the previous 12 months, the investment product to which the investment belongs has shown a return; Note: For return on an investment product see section 182. the person's ordinary income on a yearly basis is taken to be increased by the amount worked out using the formula: value of investment x annualised rate of return on investment product where: 'value of investment' is the value of the person's investment; 'annualised rate of return on investment product' is the annualised rate of return on the investment product based on its performance over the 12 months. Note 1: For 'annualised rate of return' on the investment product see section 183. Note 2: Actual receipts from the investment are not treated as ordinary income: see section 185. How investment losses are taken into account in working out rate of youth training allowance Calculation of reduction of income "181.(1) If: (a) a person has an investment; and (b) this Subdivision applies to the investment; and (c) based on its performance over the previous 12 months, the investment product to which the investment belongs has shown a loss; Note: For loss on an investment product see section 182. the person's ordinary income on a yearly basis is, subject to subsection (2), taken to be reduced by the amount worked out using the formula: value of investment x annualised rate of loss on investment product where: 'value of investment' is the value of the person's investment; 'annualised rate of loss on investment product' is the annualised rate of loss on the investment product based on its performance over the 12 months. Note: For 'annualised rate of loss' on the investment product see section 183. Reductions not to be more than sum of investment returns "(2) The reductions under subsection (1) in calculating a person's rate as at a particular day are not to be more than the sum of the investment-related increases in income made in working out the person's youth training allowance as at that day. Meaning of 'investment-related increase in income' "(3) For the purposes of subsection (2), an 'investment-related increase in income' is an increase in the person's ordinary income on a yearly basis: (a) that is made under section 180; or (b) that: (i) is attributable to an investment to which Subdivision D applies; and (ii) is not attributable to a realisation to which section 186, 188 or 191 applies. Returns and losses on investment products "182. An investment product: (a) shows a return for a 12 month period if: (i) a rate of return on the product has been declared during the period; or (ii) the formula below gives a positive number; and (b) shows a loss for a period if the formula below gives a negative number: closing value + distributions - opening value where: 'closing value' is the value of the product at the end of the period; 'distributions' is the sum of: (a) the amount of the distributions (however described) made to the holders of the product during the period; and (b) the value of bonus issues (however described) of the product to holders of the product during the period; and (c) the value of any other rights given to holders of the product during the period because they hold investments in the product; 'opening value' is: (a) if the product has been available for the whole of the period- the value of the product at the beginning of the period; or (b) if the product became available during the period-the value of the product when it became available. Annualised rate of return or loss on investment product Annualised rate of return "183.(1) The annualised rate of return on an investment product for a period of 12 months is: (a) if only one rate of return on the product has been declared during the period-the declared rate of return; or (b) if 2 or more rates of return on the product have been declared during the period-the average of those declared rates of return; or (c) in any other case-the rate worked out in accordance with subsections (5), (6) and (7). Provisional or conditional declarations "(2) In applying paragraph (1)(a), disregard provisional or conditional declarations of rates of return. Declaration of dividend "(3) For the purposes of this section, a declaration of a dividend is not a declaration of a rate of return. Calculation of loss "(4) The annualised rate of loss on an investment product for a period of 12 months is the rate worked out in accordance with subsections (5), (6) and (7). Rate is percentage per year "(5) The annualised rate of return or loss on an investment product is the rate of return or loss on the product expressed as a percentage per year. Extrapolation of performance of product "(6) If the investment product became available during the period, the performance of the product while it has been available is to be extrapolated for a whole 12 months. Consideration in calculation "(7) In working out the rate of return or loss on an investment product for a period of 12 months, the following are taken into account: (a) if the product was available at the beginning of the period-the value of the product at the beginning of the period; (b) if the product became available during the period-the value of the product when it became available; (c) the value of the product at the end of the period; (d) the amount of the distributions (however described) made to the holders of the product during the period; (e) the value of bonus issues (however described) of the product to holders of the product during the period; (f) the value of any other rights given to holders of the product during the period because they hold investments in the product. Investment and disposal costs Reduction of amount of reasonable costs "184.(1) If: (a) a person has an investment; and (b) this Subdivision applies to the investment; and (c) this Subdivision would operate, if this section did not apply, to increase the person's ordinary income on a yearly basis by a particular amount per year; the amount of the increase is to be reduced by the amount of the reasonable costs that the person has incurred during the previous 12 months in relation to the making, acquisition or disposal of investments to which this Subdivision applies. Nature of reasonable costs "(2) For the purposes of subsection (1), costs incurred by the person are reasonable if any other person making, acquiring or disposing of an identical investment would be required to pay those costs as a condition of being permitted to make, acquire or dispose of the investment. Actual return on investments not treated as ordinary income "185. If: (a) a person has an investment; and (b) this Subdivision applies to the investment; any return on the investment that the person actually receives is taken, for the purposes of this Part, not to be ordinary income of the person. "Subdivision D-Investments taken into account on realisation Investments made before 1 January 1988 with friendly societies or if no immediate return Notional weekly income "186.(1) If: (a) a person has made or acquired, at any time before 1 January 1988, an accruing return investment; and (b) the investment is: (i) an investment with a friendly society; or (ii) an investment of a kind where a return is not available until the end of a period of at least 12 months after the investment was made or acquired or until full realisation of the investment; and (c) the person realises the investment and receives an amount by way of a return on the investment; the person is, for the purposes of this Part, taken to receive as ordinary income of the person, during each week in the 12 months beginning on the day on which the person realises the investment and receives an amount by way of return on the investment, the amount worked out using the formula: assessable return 52 where: 'assessable return' is so much (if any) of the amount of the return as is attributable to the person's assessable period. Note 1: For 'assessable period' see subsection 9(1) of the Social Security Act. Note 2: For 'realising' an investment see subsections 9(10) and (11) of the Social Security Act. Investment with friendly society "(2) If subsection (1) applied to an investment because it was with a friendly society, that subsection does not cease to apply to the investment merely because the society ceases to be a friendly society. Subsection (1), however, only continues to apply to the investment while the terms of the investment remain substantially the same as they were when the investment was with a friendly society. Note: This subsection is intended to deal with cases in which a friendly society restructures and as a result of the restructuring loses its friendly society status. If the terms of the investment remain substantially the same, the investor can still have the investment dealt with under this section. How investment losses are taken into account in working out rate of youth training allowance Calculation of reduction of income "187.(1) If: (a) a person has an investment; and (b) section 186 applies to the investment; and (c) the investment is realised at a loss; the person's ordinary income is taken to be reduced, during each week in the 12 months beginning on the day on which the person realises the investment, by the amount worked out using the formula: assessable loss 52 where: 'assessable loss' is so much (if any) of the amount of the loss as is attributable to the person's assessable period. Note: For 'assessable period' see subsection 9(1) of the Social Security Act. Limits on offsetting losses "(2) Subsection (1) has effect subject to section 193 (limits on offsetting losses). Market-linked investments made or acquired before 9 September 1988 Notional weekly income "188.(1) If a person realises a market-linked investment that was made or acquired before 9 September 1988 and receives an amount by way of return, the person is taken to receive as ordinary income of the person, during each week in the 12 months beginning on the day on which the person realises the investment, the amount worked out using the formula: assessable return 52 where: 'assessable return' is so much (if any) of the amount of the return as is attributable to the person's assessable period. Note: For 'assessable period' see subsection 9(1) of the Social Security Act. Realised investment "(2) For the purposes of subsection (1), a person realises an investment if, and only if: (a) all or part of the amount of the investment is withdrawn; or (b) if the investment is an eligible investment in a body corporate or trust fund-the person transfers all or part of the investment to another body corporate or trust fund; or (c) all or part of the return on the investment is paid to another person; or (d) the investment matures; or (e) the investment is assigned by the person to another person; or (f) the investment is disposed of by the person otherwise than in the way referred to in paragraph (e). Return paid to another person "(3) For the purposes of this section, if a person realises an investment in circumstances where the return on the investment is paid to another person, the return is taken to be received by the person realising the investment. Special provisions about certain investments made before September 1988 Notional date of making or acquiring investment "189.(1) If: (a) before 9 September 1988, a person made or acquired a market-linked investment; and (b) under an agreement made before 9 September 1988, dividends payable to the person in respect of the investment are not paid to the person directly but are invested in the person's name in market-linked investments included in the same investment product; any market-linked investment arising from the investment of a dividend under that agreement on or after 9 September 1988 is taken, for the purposes of this Subdivision, to have been made, or acquired, by the person before 9 September 1988. Disposal of investment "(2) Subsections (3) and (4) apply if, at any time after 9 September 1988: (a) a person held, or holds, 2 or more market-linked investments included in the same investment product; and (b) at least one of the investments was made, or acquired, by the person before 9 September 1988 and at least one of the investments was made or acquired on or after that day; and the person has disposed of any of those investments whether before or after the commencement of this Part. Notional disposal "(3) If the amount received in respect of the disposal is equal to or more than: (a) the value or amount, at the time of the disposal, of the investment made, or acquired, by the person before 9 September 1988; or (b) the sum of the values or amounts, at the time of the disposal, of the investments made, or acquired, by the person before 9 September 1988; as the case requires, the person is taken, for the purposes of this Subdivision, to have disposed of the whole of the investment or investments. Partial disposal "(4) If the amount received in respect of the disposal (the'disposal amount') is less than: (a) the value or amount, at the time of the disposal, of the investment made before 9 September 1988; or (b) the sum of the values or amounts, at the time of the disposal, of the investments made before 9 September 1988; as the case requires, the person is taken, for the purposes of this Subdivision, to have disposed of so much of the investment or investments as is equal to the disposal amount. How investment losses are taken into account in working out rate of youth training allowance Calculation of reduction of income "190.(1) If: (a) a person has an investment; and (b) section 188 applies to the investment; and (c) the investment is realised at a loss; the person's ordinary income is taken to be reduced, during each week in the 12 months beginning on the day on which the person realises the investment, by the amount worked out using the formula: assessable loss 52 where: 'assessable loss' is so much (if any) of the amount of the loss as is attributable to the person's assessable period. Note: For 'assessable period' see subsection 9(1) of the Social Security Act. Limits on offsetting losses "(2) Subsection (1) has effect subject to section 193 (limits on offsetting losses). Withdrawal from superannuation fund "191. If: (a) a person realises an investment in a superannuation fund, approved deposit fund or deferred annuity; and (b) the amount realised is not rolled over into: (i) a superannuation fund; or (ii) an approved deposit fund; or (iii) a deferred annuity; or (iv) an immediate annuity; the person is taken to receive one fifty-second of the assessable growth component of the amount as ordinary income of the person during each week in the period of 12 months beginning on the day on which the person realises the investment. Note: For 'assessable growth component' see subsection 9(1) of the Social Security Act. How investment losses are taken into account in working out rate of youth training allowance Calculation of reduction of income "192.(1) If: (a) a person has an investment; and (b) section 191 applies to the investment; and (c) the investment is realised at a loss; the person's ordinary income is taken to be reduced, during each week in the 12 months beginning on the day on which the person realises the investment, by the amount worked out using the formula: assessable loss 52 where: 'assessable loss' is so much (if any) of the amount of the loss as is attributable to the person's assessable period. Note: For 'assessable period' see subsection 9(1) of the Social Security Act. Limits on offsetting losses "(2) Subsection (1) has effect subject to section 193 (limits on offsetting losses). Limit on reduction of ordinary income for losses "193. The sum of the reductions under sections 187, 190 and 192 in calculating a person's rate as at a particular day is not to be more than the sum of the increases to be made under sections 186, 188 and 191 in working out the person's youth training allowance rate as at that day. "Subdivision E-Superannuation fund investments Provisions affecting superannuation fund investments "194. If: (a) a person has an investment in; (i) a superannuation fund; or (ii) an approved deposit fund; or (iii) a deferred annuity; and (b) the person has not begun to receive a pension or annuity from the investment; this is how the investment is treated: (c) the return on the investment is not treated as ordinary income (see paragraph 8(8)(b) of the Social Security Act); (d) the return on the investment is not treated as ordinary income under the managed investment rules in Subdivision C (see section 179); (e) if the investment is realised, the proceeds are spread across the following 12 months (see section 191). "Subdivision F-Immediate annuities and superannuation pensions Immediate annuities "195. For the purpose of working out the annual rate of a person's ordinary income from an immediate annuity, the person is taken to receive from the annuity each year an amount worked out by reducing the amount payable each year by the deductible amount in relation to the annuity. Note: For 'deductible amount' see subsection 9(1) of the Social Security Act. Superannuation pensions "196. For the purpose of working out the annual rate of a person's ordinary income from a superannuation pension, the person is taken to receive from the pension each year an amount worked out by reducing the amount payable each year by the deductible amount in relation to the superannuation pension. Note: For 'deductible amount' see subsection 9(1) of the Social Security Act. "Subdivision G-Available money and deposit money Structure of Subdivision G "197. The various provisions of this Subdivision that apply to available money and deposit money are shown in the following table: STRUCTURE OF SUBDIVISION G item type of money sections 1. income money that does not attract any interest 199, 202, 203 2. income money that attracts low interest 200, 202, 203 3. other income money 201, 203 4. other deposit money 201 Basic concept-income money and interest received When person has income money "198.(1) For the purposes of this Subdivision, a person has income money at a particular time (the'relevant time') if the sum of: (a) the person's available money; and (b) the person's deposit money; at the relevant time is more than $2,000. Note 1: For 'deposit money' see subsection 8(1) of the Social Security Act. Note 2: For 'available money' see subsection 58(1). Money not included "(2) In this section: 'available money' does not include money covered by a determination under section 202; and 'deposit money' does not include money covered by a determination under section 202. Working out income money "(3) This is how to work out which money forms part of the person's income money: Method statement Step 1. Start with the amount of $2,000 that is referred to in subsection (1). Step 2. Set off against this amount any available money of the person. Note: For the treatment of the money of members of a couple see subsection (4). Step 3. Set off against the remainder any deposit money of the person that does not attract interest. Note: For the treatment of the money of members of a couple see subsection (5). Step 4. Set off against the remainder any deposit money of the person that does attract interest: this money is to be set off in ascending order of interest rate. Note: For the treatment of the money of members of a couple see subsection (6). Step 5. Any available money or deposit money that can be set off under Steps 2 to 4 is not income money of the person. Step 6. Any available money or deposit money that cannot be set off under Steps 2 to 4 is income money of the person at the relevant time. Available money of member of couple "(4) If a person is a member of a couple, to work out the amount of the person's available money: (a) add the person's available money (if any) and the person's partner's available money (if any); and (b) divide the result by 2. Deposit money-no interest attracted "(5) If a person is a member of a couple, to work out the amount of the person's deposit money that does not attract interest: (a) add the person's deposit money (if any) that does not attract interest and the person's partner's deposit money (if any) that does not attract interest; and (b) divide the result by 2. Deposit money-particular rate of interest attracted "(6) If a person is a member of a couple, to work out the amount of the person's deposit money that attracts a particular rate of interest: (a) add the person's deposit money (if any) that attracts that rate of interest and the person's partner's deposit money (if any) that attracts that rate of interest; and (b) divide the result by 2. Remainder "(7) For the purposes of subsection (3): (a) if available money or deposit money is to be set off against an amount, only so much of the money as is not more than the amount can be set off against the amount; and (b) if the person does not have money of a particular kind, the amount to be set off is nil and the amount left after the setting off is called the 'remainder'. Interest taken to be received on anniversary of deposit "(8) For the purposes of this Subdivision, if: (a) interest is paid on deposit money; and (b) the interest is received or accounted for less frequently than the anniversary of the making of the deposit; interest on the deposit money is taken to be received by the depositor on each anniversary of the making of the deposit. Income money that does not attract interest No interest "199.(1) If: (a) money is income money of a person; and (b) interest is not paid on the money; the person is taken to receive interest on the money at the assumed rate. Note: For 'assumed rate of interest' see section 203. Subsection (1) subject to section 202 "(2) Subsection (1) has effect subject to section 202. Income money that attracts low interest Interest less than assumed rate "200.(1) If: (a) money is income money of a person; and (b) the rate per year at which interest is paid on the money is less than the assumed rate; the person is taken to receive interest on that money at the assumed rate. Note: For 'assumed rate of interest' see section 203. Subsection (1) subject to section 202 "(2) Subsection (1) has effect subject to section 202. Other deposit money Calculation of deemed increase "201.(1) If a person has: (a) deposit money that is not income money; or (b) deposit money that: (i) is income money of the person; and (ii) attracts interest at a rate that is equal to or more than the assumed rate; the person's ordinary income on a yearly basis is taken to be increased by the amount worked out using the formula: amount of deposit money x current annual rate of interest where: 'amount of deposit money' is the amount of the deposit money; 'current annual rate of interest' is the annual rate of interest payable on the deposit money. If return actually received "(2) If: (a) a person is taken, because of subsection (1), to have received income from deposit money; and (b) the person actually receives a return from that money; the return actually received is taken, for the purposes of this Part, not to be ordinary income of the person. Rate not fixed or quantifiable "(3) If the rate of return on deposit money is not a fixed rate or a quantifiable rate, then, for the purposes of subsection (1), the current annual rate of return on that income money is a reasonable approximation of the rate of return. Certain money to be disregarded Minister may determine that money to be disregarded "202.(1) The Minister may determine in writing that: (a) particular money of a person; or (b) particular money of a class of persons; is to be disregarded in calculating a person's available money or a person's deposit money for the purposes of section 198. Date of effect "(2) A determination under subsection (1) takes effect on the day on which the determination was made or on any later day or earlier day that is stated in the determination. Assumed rate of interest on income money Assumed rate "203.(1) The assumed rate of interest is: (a) subject to paragraph (b), 4% a year; or (b) if another rate is determined under subsection (2)-that other rate. Minister may determine rate "(2) The Minister may from time to time determine in writing an annual rate of less than 10% a year that is to be the assumed rate for the purposes of this Subdivision and Subdivision H. Disallowable instrument "(3) A determination under subsection (2) is a disallowable instrument. Note: For 'disallowable instrument' see subsection 23(1) of the Social Security Act. "Subdivision H-Interest attributed to money on loan Application of this Subdivision Loan after 21 August 1990 "204.(1) This Subdivision applies to loans by a person entered into, or acquired, by the person after 21 August 1990. Exclusion of Subdivision G "(2) If this Subdivision applies to a person's loan, Subdivision G does not apply to the return on the loan. Structure of Subdivision "205. The various provisions that apply to loans are shown in the following table: STRUCTURE OF SUBDIVISION H item type of loan sections 1. loans that do not attract interest 207, 210, 211 2. loans that attract low interest 208, 210, 211 3. other loans 209, 211 Basic concepts-loan and interest "206. For the purposes of this Subdivision: (a) there is a loan by a person if, but not only if, the person has: (i) debentures; or (ii) bonds; or (iii) other securities; and (b) there is no loan by a person: (i) because the person has money in an account with a financial institution; or (ii) because of a person's entry contribution; and (c) the interest on a loan includes any payment for the use of the money that is lent; and (d) if the interest that is paid on a loan is received or accounted for less frequently than each anniversary of the making of the loan, interest on the loan is taken to be received by the lender on each anniversary of the making of the loan. Note 1: The money excluded by paragraph (b) is dealt with under Subdivision G. Note 2: For 'entry contribution' see section 58 of this Act and section 1147 of the Social Security Act. Loans that do not attract interest "207. Subject to section 210, if: (a) there is a loan by a person; and (b) the person is not paid interest on the loan; the person is taken to receive, on each anniversary of the making of the loan, interest on the loan at the assumed loan rate. Note: For 'assumed loan rate' see section 211. Loans that attract a low rate of interest "208. Subject to section 210, if: (a) there is a loan by a person; and (b) the person is paid interest on the loan; and (c) the rate of interest is less than the assumed loan rate; the person is taken to receive interest on the loan at the assumed loan rate. Note: For 'assumed loan rate' see section 210. Other loans Calculation of notional increase "209.(1) If: (a) there is a loan by a person; and (b) the person is paid interest on the loan; and (c) the rate of interest is equal to or more than the assumed loan rate; the person's ordinary income on a yearly basis is taken to be increased by: amount of loan x current annual rate of interest on the loan where: 'amount of loan' is the amount of the loan; 'current annual rate of interest on the loan' is the annual rate of interest payable on the loan. If return actually received "(2) If: (a) a person is taken, because of subsection (1), to have received income from a loan; and (b) the person actually receives interest on the loan; the interest actually received is taken, for the purposes of this Part, not to be ordinary income of the person. Rate not fixed or quantifiable "(3) If the rate of interest on a loan is not a fixed rate or a quantifiable rate, then, for the purposes of subsection (1), the current annual rate of interest on that loan money is a reasonable approximation of the rate of interest. Certain loans to be disregarded Minister may determine that loans to be disregarded "210.(1) The Minister may determine in writing that: (a) particular loans; or (b) loans of a particular class; are to be disregarded for the purposes of sections 207 and 208. Date of effect "(2) A determination under subsection (1) takes effect on the day on which the determination was made or on any later day or earlier day that is stated in the determination. Assumed loan rate of interest Assumed rate "211.(1) The assumed loan rate is: (a) subject to paragraph (b), 4% a year; or (b) if another rate is determined under subsection (2)-that other rate. Minister may determine rate "(2) The Minister may from time to time determine in writing a rate of less than 10% a year that is to be the assumed loan rate for the purposes of this Division. Disallowable instrument "(3) A determination under subsection (2) is a disallowable instrument. Note: For 'disallowable instrument' see subsection 23(1) of the Social Security Act. "Subdivision I-Income attributed to deprived assets Application of this Subdivision "212. This Subdivision applies to dispositions of assets that occur after 21 August 1990. Income attributed to deprived assets "213. If: (a) a person disposes of an asset; and (b) the value of the asset is included in the value of the person's assets under point E8 or E9 in MODULE E in Schedule 1; the following provisions have effect: (c) the person is taken to obtain income from the asset; and (b) the income is taken to be: (i) interest on the value of the asset at the assumed property rate; or (ii) the amount calculated in accordance with subsection 219(3); whichever is the higher. Note: For 'assumed property rate' see section 214. Assumed property rate Assumed property rate "214.(1) The assumed property rate is: (a) subject to paragraph (b), 4% a year; or (b) if another rate is determined under subsection (2)-that other rate. Minister may determine rate "(2) The Minister may from time to time determine in writing a rate of less than 10% a year that is to be the assumed property rate for the purposes of this Subdivision. Disallowable instrument "(3) A determination under subsection (2) is a disallowable instrument. Note: For 'disallowable instrument' see subsection 23(1) of the Social Security Act. "Subdivision J-Disposal of ordinary income Disposal of ordinary income When person disposes of ordinary income "215.(1) For the purposes of this Part, a person disposes of ordinary income of the person if: (a) the person engages in a course of conduct that directly or indirectly: (i) destroys the source of the income; or (ii) disposes of the income or the source of the income; or (iii) diminishes the income; and (b) one of the following subparagraphs is satisfied: (i) the person receives no consideration in money or money's worth for the destruction, disposal or diminution; (ii) the person receives inadequate consideration in money or money's worth for the destruction, disposal or diminution; (iii) the Secretary is satisfied that the person's purpose, or the person's dominant purpose, in engaging in that course of conduct was to obtain a social security advantage. Purpose of obtaining social security advantage "(2) For the purposes of subsection (1), a person has a purpose of obtaining a social security advantage if the person has a purpose of: (a) obtaining a youth training allowance or obtaining such an allowance at a higher rate than would otherwise have been payable; or (b) enabling the person's partner to obtain a social security pension, a social security benefit, a service pension or a youth training allowance or to obtain such a pension, benefit or allowance at a higher rate than would otherwise have been payable; or (c) ensuring that the person or the person's partner would be qualified for fringe benefits for the purposes of this Act or the Veterans' Entitlements Act. Note 1: For 'amount of disposition' see section 216. Note 2: For the effect of a transaction that constitutes both a disposal of an asset and a disposal of ordinary income see section 219. Amount of disposition "216. If a person disposes of ordinary income, the amount of the disposition is the amount that, in the Secretary's opinion, is: (a) if the person receives no consideration for the destruction, disposal or diminution-the annual rate of the diminution of the income because of the destruction, disposal or diminution; or (b) if the person receives consideration for the destruction, disposal or diminution-the annual rate of the diminution of the income because of the destruction, disposal or diminution less the part (if any) of the consideration that the Secretary considers to be fair and reasonable in all the circumstances. Disposal of ordinary income-individuals "217. If a person who is not a member of a couple has, on or after 14 May 1987, disposed of ordinary income of the person, the amount of the disposition is to be included in the person's ordinary income for the purposes of this Part. Note 1: For 'disposes of ordinary income' see section 215. Note 2: For 'amount of disposition' see section 216. Note 3: For 'ordinary income' see subsection 8(1) of the Social Security Act:'ordinary income' includes investment income but does not include maintenance income. Disposal of ordinary income-members of couples Disposal after 14 May 1987 "218.(1) Subject to subsections (2), (3) and (4), if a person who is a member of a couple has, on or after 14 May 1987, disposed of ordinary income of the person: (a) 50% of the amount of the disposition is to be included in the person's ordinary income; and (b) 50% of the amount of the disposition is to be included in the person's partner's ordinary income. Note 1: For 'disposes of ordinary income' see section 215. Note 2: For 'amount of disposition' see section 216. Cessation of membership of couple "(2) If: (a) amounts are included under subsection (1) in the ordinary income of a person who is a member of a couple and in the person's partner's ordinary income because the person has disposed of ordinary income; and (b) the person and the person's partner cease to be members of the same couple; any amount that was included in the ordinary income of the person's former partner because of the disposition is to be included in the person's ordinary income. Death of member of couple "(3) If: (a) amounts are included under subsection (1) in the ordinary income of a person who is a member of a couple and in the person's partner's ordinary income because the person has disposed of ordinary income; and (b) the person dies; no amount is to be included in the ordinary income of the person's partner because of the disposition. Death of member's partner "(4) If: (a) an amount is included under subsection (1) in the ordinary income of a person who is a member of a couple and in the person's partner's ordinary income because the person has disposed of ordinary income; and (b) the person's partner dies; any amount that would, if the person's partner had not died, be included in the ordinary income of the person's partner because of the disposition is to be included in the person's ordinary income. Note: For 'ordinary income' see subsection 8(1) of the Social Security Act:'ordinary income' includes investment income but does not include maintenance income. Treatment of transactions that constitute both a disposal of ordinary income and a disposal of assets. Disposal "219.(1) This section applies if: (a) a person disposes of an asset of the person; and (b) the course of conduct that constituted the disposition of the asset also constituted a disposition of ordinary income; and (c) the ordinary income disposed of is attributable, in whole or in part, to the asset. No amount included "(2) If: (a) this section applies; and (b) an amount is not included in the value of the person's assets under point E8 or E9 in MODULE E in Schedule 1 because of the disposition of the asset; an amount is not, for the purposes of section 217 or 218, to be included in the person's ordinary income because of the disposition of ordinary income. Amount included "(3) If: (a) this section applies; and (b) the amount that is included in the value of the person's assets under point E8 or E9 in MODULE E in Schedule 1 because of the disposition of the asset is: (i) if point E8 applies-less than 50% of the amount of the disposition of the asset; or (ii) if point E9 applies-less than the amount of the disposition of the asset; the amount to be included in the person's ordinary income because of the disposition of ordinary income is to be worked out disregarding so much of the amount of the disposition of ordinary income as the Secretary decides is attributable to the part of the amount of the disposition of the asset that is not included in the value of the person's assets under point E8 or E9. Dispositions more than 5 years old to be disregarded "220. This Subdivision does not apply to a disposition of ordinary income that took place: (a) more than 5 years before the time when: (i) the person who disposed of the ordinary income; or (ii) if the person who disposed of the ordinary income was, at the time of disposition, a member of a couple-the person's partner; became qualified for a youth training allowance; or (b) less than 5 years before the time referred to in paragraph (a) and before the time when the Secretary is satisfied that the person who disposed of the ordinary income could reasonably have expected that the person or the person's partner would become qualified for a youth training allowance. "Subdivision K-Earnings credits Earnings credit balance may be set-off against ordinary income from remunerative work Earnings credit account balance-not member of couple "221.(1) If: (a) a person is receiving a youth training allowance; and (b) the person earns an amount of money for remunerative work done by the person during an earnings credit accounting period; and (c) in that period, the person's fortnightly rate of ordinary income is more than the person's ordinary income free area; and (d) the rate of youth training allowance payable to the person for the accounting period would otherwise be greater than nil; and (e) immediately before the beginning of that period, the person's earnings credit account balance is greater than nil; then, in applying an ordinary income test to the person or to the person's partner, disregard: (f) if the person's earnings credit account balance is equal to or more than the amount earned-the whole of the amount; or (g) if the person's earnings credit account balance is less than the amount earned-the part of the amount that is not more than the earnings credit account balance. Note: For 'ordinary income test' see Schedule 1 (MODULE G). Earnings credit account balance-member of a couple "(2) If: (a) a person is receiving a youth training allowance; and (b) the person is a member of a couple; and (c) the person's partner: (i) is not receiving a social security pension or service pension; and (ii) is not receiving a social security benefit or a youth training allowance; and (d) the partner earns an amount of money from remunerative work done by the partner during an earnings credit accounting period; and (e) in that period, the person's fortnightly rate of ordinary income is more than the person's ordinary income free area; and (f) the rate of youth training allowance payable to the person for the accounting period would otherwise be greater than nil; and (g) immediately before the beginning of that period, the partner's earnings credit account balance is greater than nil; then, in applying an ordinary income test to the person, disregard: (h) if the partner's earnings credit account balance is equal to or more than the amount earned-the whole of the amount; or (i) if the partner's earnings credit account balance is less than the amount earned-the part of the amount that is not more than the earnings credit account balance. Note: For 'ordinary income test' see Schedule 1 (MODULE G). Earnings credit account Person in receipt of youth training allowance "222(1). If a person is receiving a youth training allowance, the person has an earnings credit account. Partner in receipt of a pension, benefit or allowance "(2) If: (a) a person is receiving a youth training allowance; and (b) the person is a member of a couple; and (c) the persons' partner: (i) is not receiving a social security pension or service pension; and (ii) is not receiving a social security benefit or a youth training allowance; the partner has an earnings credit account. No earnings credit account for recipients of carer pension/special benefit "(3) The partner does not have an earnings credit account under subsection (2) if the partner is receiving: (a) a carer pension; or (b) special benefit. Earnings credit account balance "223. The person's earnings credit account balance is worked out in accordance with Schedule 4. "Division 12-Compensation recovery "Subdivision A-General General effect of Division Payments affected "224.(1) If a person is or may be entitled to or receives compensation, payments of youth training allowance to the person or the person's partner might be affected under this Division. Failure to claim or obtain compensation "(2) If the person is or may be entitled to compensation and does not take reasonable action to claim or obtain the compensation, the allowance might not be payable to the person. Compensation in form of lump sum "(3) If the compensation is in the form of a lump sum, the allowance might cease to be payable for a period (based on the amount of the lump sum) and some or all of the allowance might be repayable. Note 1: Under section 225, certain lump sum payments may be treated as though they were received as periodic payments. Note 2: Under section 226, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law. Compensation in form of periodic payments "(4) If the compensation is in the form of a series of periodic payments, the rate of the allowance might be reduced for the period for which the payments are received. Note 1: Under section 225, certain lump sum payments may be treated as though they were received as periodic payments. Note 2: Under section 226, a person may be treated as having received compensation that the person would have received except for the effect of a State or Territory law. Connection between circumstances giving rise to qualification and compensation unnecessary "(5) This Division operates in certain stated circumstances to affect a person's youth training allowance because of compensation received by the person or the person's partner. This Division is not intended to contain any implication that, in addition to those stated circumstances, there needs to be some connection between the circumstances that give rise to the person's qualification for the allowance and the circumstances that give rise to the person's or the partner's compensation. Note: See the note to subsection 248(2) for more background information. Certain lump sums to be treated as though they were received as periodic payments "225. If: (a) a person is entitled to periodic payments under a law of a State or Territory; and (b) the person's entitlement to the periodic payments is converted under the law of the State or Territory into an entitlement to a lump sum; and (c) the lump sum is calculated by reference to a period; and (d) the lump sum is to be paid to the person in 2 or more instalments; this Part applies to the person as if: (e) the person had not received the instalments; and (f) the person had received in each fortnight during the period a periodic compensation payment equal to the amount worked out using the formula: lump sum amount number of fortnights in the period where: 'lump sum amount' is the amount of the lump sum referred to in paragraph (b); 'number of fortnights in the period' is the number of whole fortnights in the period referred to in paragraph (c). Effect of certain State and Territory laws "226. If: (a) a law of a State or Territory provides for the payment of compensation; and (b) the law includes a provision to the effect that a person's compensation under the law is to be or may be reduced or cancelled if the person is qualified for or receives payments under this Part; this Part applies as if the person had received under the law the compensation that the person would have received under the law if the provision referred to in paragraph (b) had not been enacted. "Subdivision B-Enforcement of compensation rights Secretary may require person to take action to obtain compensation Person receiving youth training allowance "227.(1) If: (a) a person is receiving youth training allowance; and (b) the person or the person's partner is entitled or may, in the Secretary's opinion, be entitled to compensation; and (c) the person or the partner has taken: (i) no action to claim or obtain the compensation; or (ii) no action that the Secretary considers reasonable to claim or obtain the compensation; the Secretary may require the person or the partner to take the action stated by the Secretary. Person qualified for youth training allowance "(2) If: (a) a person is qualified for youth training allowance; and (b) the person or the person's partner is entitled or may, in the Secretary's opinion, be entitled to compensation; and (c) the person or the partner has taken: (i) no action to claim or obtain the compensation; or (ii) no action that the Secretary considers reasonable to claim or obtain the compensation; the Secretary may require the person or the partner to take the action stated by the Secretary. Secretary's opinion regarding entitlement "(3) Even though a person has entered into an agreement to give up the person's right to compensation, the Secretary may form the opinion that the person may be entitled to compensation if the Secretary is satisfied that the agreement is void, ineffective or unenforceable. Agreement to give up right to compensation "(4) For the purposes of subsection (3), a person enters into an agreement to give up the person's right to compensation if the person: (a) enters into an agreement to waive the person's right to compensation; or (b) enters into an agreement to withdraw the person's claim for compensation. Stated action "(5) The action stated by the Secretary is to be the action that the Secretary considers reasonable to enable the person to claim or obtain the compensation. Youth training allowance ceases if recipient fails to comply "(6) If, under subsection (1), the Secretary requires a person who is receiving youth training allowance to take action to claim or obtain compensation, the allowance ceases to be payable to the person unless the person complies with the requirement. Youth training allowance ceases to be payable unless requirement complied with "(7) If, under subsection (1), the Secretary requires the partner of a person who is receiving youth training allowance to take action to obtain or claim compensation, the allowance ceases to be payable to the person unless the partner complies with the requirement. Youth training allowance ceases if qualified person fails to comply "(8) If, under subsection (2), the Secretary requires a person who is qualified for youth training allowance to take action to claim or obtain compensation, the allowance is not to be granted to the person unless the person complies with the requirement. Youth training allowance not to be granted unless requirement complied with "(9) If, under subsection (2), the Secretary requires the partner of a person who is qualified for a youth training allowance to take action to claim or obtain compensation, the allowance is not to be granted to the person unless the partner complies with the requirement. Qualification if person or partner complies "(10) If a person or a person's partner complies with a requirement under this section, the person is not disqualified by this section from youth training allowance. "Subdivision C-Receipt of compensation Youth training allowance not payable during lump sum preclusion period Person not member of a couple "228.(1) If: (a) a person is qualified for youth training allowance; and (b) the person is not a member of a couple; and (c) the person receives compensation in the form of a lump sum (whether before or after the person became qualified for the allowance); youth training allowance is not payable to the person for the lump sum preclusion period. Note: For 'lump sum preclusion period' see subsections (3) to (8). Person member of a couple "(2) If: (a) a person is qualified for youth training allowance; and (b) the person is a member of a couple; and (c) the person, or the person's partner, receives compensation in the form of a lump sum (whether before or after the person became qualified for the allowance); the following provisions have effect: (d) youth training allowance is not payable to the person for the lump sum preclusion period; (e) youth training allowance is not payable to the person's partner for the lump sum preclusion period. Note: For 'lump sum preclusion period' see subsections (3) to (8). Lump sum preclusion period "(3) If periodic compensation payments are made in respect of the lost earnings or lost earning capacity, the lump sum preclusion period is the period that: (a) begins on the day after the last day of the periodic payments period; and (b) ends after the number of weeks stated in subsection (7). Note: For 'periodic payments period' see section 17 of the Social Security Act. Entitlement received in lump sum "(4) If a person chooses to receive part of an entitlement to periodic compensation payments in the form of a lump sum, the lump sum preclusion period is the period that: (a) begins on the first day on which the person's periodic compensation payment is a reduced payment because of that choice; and (b) ends after the number of weeks stated in subsection (7). Compensation for injury, disease or condition "(5) If a person: (a) receives compensation in relation to an injury, disease or condition in the form of a lump sum (the'first lump sum'); and (b) the person receives compensation in the form of a further lump sum (the'second lump sum'); and (c) the second lump sum is compensation in relation to the same injury, disease or condition; the lump sum preclusion period for the second lump sum is the period that: (d) begins on the day after the last day of the lump sum preclusion period for the first lump sum; and (e) ends after the number of weeks stated in subsection (7). Lump sum preclusion period in other circumstances "(6) If none of subsections (3), (4) and (5) applies, the lump sum preclusion period is the period that: (a) begins on the day on which the loss of earnings or loss of earning capacity began; and (b) ends after the number of weeks stated in subsection (7). Number of weeks in period "(7) The number of weeks in the lump sum preclusion period is the number worked out using the following formula: compensation part of lump sum average weekly earnings Note 1: For 'compensation part of lump sum' see section 17 of the Social Security Act. Note 2: For 'average weekly earnings' see section 17 of the Social Security Act. Rounding down number of weeks "(8) If the number worked out under subsection (7) is not a whole number, the number is to be rounded down to the nearest whole number. Person may have to repay amount if both lump sum and youth training allowance payments have been received Secretary may determine person liable to pay amount "229.(1) If: (a) a person in relation to whom youth training allowance is payable receives compensation in the form of a lump sum; and (b) the person receives payments of youth training allowance for the lump sum preclusion period; the Secretary may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount stated in the notice. Note: For 'lump sum preclusion period' see subsections 228(3) to (8). Amount stated in notice "(2) Subject to subsection (5), the amount stated in the notice is the recoverable amount and is worked out under the following Table and subsections (3) and (4). RECOVERABLE AMOUNT TABLE column 1 column 2 column 3 column 4 item category of person partner's status recoverable amount 1. Not member of the smaller of: a couple CLS PYTAP (see subsection (3)) 2. Partnered Not qualified for: the smaller of: PA CLS DSP PYTAP SPP (see subsection (3)) SSB DSWP CP SNDSP SNDSWP MA RHA MAPA YTA 3. Partnered Qualified for: PA the smaller of: CLS DSP PYTAP + PPBAP SPP (see subsection (4)) SSB DSWP CP SNDSP SNDSWP RHA MA MAPA YTA KEY DSP = disability support pension SNDSWP = special needs disability support wife pension PA = partner allowance RHA = rehabilitation allowance payable in place of DSP or SSB SPP = sole parent pension MA = mature age allowance SSB = social security benefit MAPA = mature age partner allowance DSWP = disability support wife pension CLS = compensation part of lump sum CP = carer pension PPBAP = partner's pension, benefit or allowance payments SNDSP = special needs disability support pension YTA = youth training allowance PYTAP = person's youth training allowance payments Person's situation covered by item 1, 2 "(3) If the person's situation is covered by item 1 or 2 in the Table, the recoverable amount is equal to the smaller of: (a) the compensation part of the lump sum; or (b) the sum of the youth training allowance payments made to the person for the lump sum preclusion period. Person's situation covered by item 3 "(4) If the person's situation is covered by item 3 in the Table, the recoverable amount is equal to the smaller of: (a) the compensation part of the lump sum; or (b) the sum of: (i) the youth training allowance payments made to the person, and to the person's partner, for the lump sum preclusion period; and (ii) the pension, benefit or allowance payments made to the person's partner under the Social Security Act for the lump sum preclusion period that have not been recovered under the provision of that Act that corresponds to this section. Amount to be reduced by notional FAS entitlement "(5) If: (a) subsection (1) applies to payments of youth training allowance paid to a person for a particular period (the'overpayment recovery period'); and (b) the Secretary is satisfied that family allowance supplement would have been payable to the person's partner for some or all of the overpayment recovery period if: (i) the person's partner had claimed family allowance supplement for that period; and (ii) neither the person nor the person's partner had been receiving a social security pension, a social security benefit or a youth training allowance during that period; the amount stated in the notice under subsection (1) is to be reduced by the notional FAS entitlement. Meaning of 'notional FAS entitlement' "(6) For the purposes of subsection (5), the'notional FAS entitlement' is the amount of family allowance supplement that the person's partner would, in the Secretary's opinion, have received during the overpayment recovery period if: (a) the person's partner had claimed family allowance supplement for that period; and (b) neither the person nor the person's partner had been receiving a social security pension, a social security benefit or a youth training allowance during that period. Meaning of'family allowance supplement' "(7) In subsections (5) and (6): 'family allowance supplement' means family allowance supplement within the meaning of the Social Security Act 1991 as in force immediately before 1 January 1993. Lump sum compensation not counted as ordinary income "230. If an amount per fortnight of a youth training allowance is not payable to a person under section 228 because of compensation in the form of a lump sum, that lump sum is not to be regarded as ordinary income of either the person or the person's partner for the purposes of this Part. Note: For 'ordinary income' see section 8 of the Social Security Act. Rate reduction if periodic compensation payments received Person qualified for youth training allowance "231.(1) If: (a) a person, or a person's partner, receives a series of periodic compensation payments; and (b) the person is qualified for a youth training allowance for the periodic payments period; and (c) the person was not, at the time of the event that gave rise to the entitlement of the person, or the person's partner, to the compensation, receiving youth training allowance; the rate of the person's allowance is to be reduced, under subsection (2), for the periodic payments period. Note 1: For 'periodic payments period' see section 17 of the Social Security Act. Note 2: If a person, or a person's partner, was receiving youth training allowance at the time of an event that gave rise to the entitlement of the person, or the person's partner, to compensation, the compensation is treated as ordinary income. Method of working out reduced rate "(2) If the rate of a person's youth training allowance is to be reduced under subsection (1), the following Table is to be used to work out the person's reduced rate: REDUCTION TABLE column 1 item column 2 category of person column 3 partner's status column 4 compension recipient column 5 reduced fortnightly rate of youth training allowance 1. Not member of a couple person PYTA*PC 2. Partnered not qualified for: PA DSP SPP SSB DSWP CP SNDSP SNDSWP RHA MA MAPA YTA person PYTA*PC 3. Partnered not qualified for: PA DSP SPP SSB DSWP CP SNDSP SNDSWP RHA MA MAPA YTA partner PYTA*PC 4. Partnered qualified for: PA DSP SPP SSB DSWP CP SNDSP SNDSWP RHA MA MAPA YTA person PYTA*PC 2 5. Partnered qualified for: PA DSP SPP SSB DSWP CP SNDSP SNDSWP RHA MA MAPA YTA partner PYTA*PC 2 KEY DSP = disability support pension RHA = rehabilitation allowance payable in place of DSP or SSB PA = partner allowance MA = mature age allowance SPP = sole parent pension MAPA = mature age partner allowance SSB = social security benefit PC = fortnightly rate of periodic compensation DSWP = disability support wife pension PYTA = person's fortnightly rate of youth training allowance CP = carer pension YTA = youth training allowance SNDSP = special needs disability support pension SNDSWP = special needs disability support wife pension Note 1: If the fortnightly rate of periodic compensation is higher than the fortnightly rate of youth training allowance, the allowance will be reduced to nil for the periodic payments period. Note 2: If a person's rate is reduced under subsection (1), the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 257 (maximum basic rate and additional amount for partner first, then rent assistance). Rate reduction under income test and this Division "232. If: (a) the rate of a person's youth training allowance is to be reduced under this Division; and (b) the person's rate is reduced under MODULE E or MODULE G in Schedule 1; the reduction under this Division is to apply to the person's rate as reduced under the MODULE or MODULES concerned. Person may have to repay amount if both periodic compensation payments and allowance payments have been received Secretary may determine person liable to pay amount "233.(1) If: (a) a person receives a series of periodic compensation payments; and (b) the person receives payments of youth training allowance for the periodic payments period; and (c) the person was not, at the time of the event that gave rise to the entitlement of the person to the compensation, receiving youth training allowance; and (d) the payments referred to in paragraph (b) have not been reduced under section 231; the Secretary may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount stated in the notice. Note: If a person was, at the time of the event that gave rise to the entitlement of the person to compensation, receiving youth training allowance, the compensation is treated as ordinary income. If arrears of periodic compensation payments are treated as ordinary income and a'compensation debt' is involved, then see subsections 167(7) and (8). Amount stated in notice "(2) The amount stated in the notice is the recoverable amount and is worked out under the following Table and subsections (3) and (4). RECOVERABLE AMOUNT TABLE column 1 item column 2 category of person column 3 partner's status column 4 recoverable amount 1. Not member of a couple the smaller of: SPCP PYTAP (see subsection (3)) 2. Partnered Not qualified for: PA DSP SPP SSB DSWP CP SNDSP SNDSWP RHA MA MAPA YTA the smaller of: SPCP PYTAP (see subsection (3)) 3. Partnered Qualified for: PA DSP SPP SSB DSWP CP SNDSP SNDSWP RHA MA MAPA YTA the smaller of: SPCP PYTAP + PPBAP (see subsection (4)) KEY DSP = disability support pension SNDSWP = special needs disability support wife pension PA = partner allowance RHA = rehabilitation allowance payable in place of DSP or SSB SPP = sole parent pension MA = mature age allowance SSB = social security benefit MAPA = mature age partner allowance DSWP = disability support wife pension SPCP = sum of periodic compensation payments CP = carer pension PPBAP = partner's pension, benefit or allowance payments SNDSP = special needs disability support pension YTA = youth training allowance PYTAP = person's youth training allowance payments Person's situation covered by item 1, 2 "(3) If the person's situation is covered by item 1 or 2 in the Table, the recoverable amount is equal to the smaller of: (a) the sum of the periodic compensation payments; or (b) the sum of the youth training allowance payments to the person for the periodic payments period. Person's situation covered by item 3 "(4) If the person's situation is covered by item 3 in the Table, the recoverable amount is equal to the smaller of: (a) the sum of the periodic compensation payments; or (b) the sum of: (i) the youth training allowance payments made to the person, and to the person's partner, for the periodic payments period; and (ii) the pension, benefit or allowance payments made to the person's partner for the periodic payments period under the Social Security Act that have not been recovered under the provision of that Act that corresponds to this section. Periodic compensation payments not counted as ordinary income "234. If the amount per fortnight of a youth training allowance payable to a person is reduced under section 231 because of a series of periodic compensation payments, those payments are not to be regarded as ordinary income of either the person or the person's partner for the purposes of this Part. "Subdivision D-Compensation payers Secretary may send preliminary notice to potential compensation payer Notice that Secretary may wish to recover amount "235.(1) If: (a) a person seeks compensation in respect of the person's lost earnings or lost capacity to earn; and (b) the person receives or claims a youth training allowance for any period to which the compensation relates; the Secretary may give written notice to the person's potential compensation payer stating that the Secretary may wish to recover an amount from the potential compensation payer. Note: For 'potential compensation payer' see section 17 of the Social Security Act. Contents of notice "(2) A notice under subsection (1) must contain: (a) a statement of the potential compensation payer's obligation under section 236; and (b) a statement of the effect of section 240 so far as it relates to a preliminary notice. Potential compensation payer must tell Department of liability "236. If a potential compensation payer: (a) is given notice under section 235 in relation to a person; and (b) either before or after receiving the notice, becomes liable to pay compensation to the person; the potential compensation payer must give written notice to the Department of Social Security of the liability within 7 days after: (c) becoming liable; or (d) receiving the notice; whichever happens later. Penalty: Imprisonment for 12 months. Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence. Secretary may send recovery notice to compensation payer Notice that Secretary proposes to recover amount "237.(1) If: (a) a compensation payer: (i) is liable to pay compensation to a person for a disease, injury or condition of the person; or (ii) has determined that a payment by way of compensation is to be made to a person in respect of a disease, injury or condition of the person; and (b) the person receives or claims a youth training allowance for the periodic payments period or the lump sum preclusion period; the Secretary may give written notice to the compensation payer stating that the Secretary proposes to recover the amount stated in the notice from the compensation payer. Note: For 'compensation payer' see section 17 of the Social Security Act. Payer liable to pay Commonwealth "(2) If a compensation payer is given notice under subsection (1), the compensation payer is liable to pay to the Commonwealth the amount stated in the notice. Amount stated in notice "(3) The amount stated in the notice is the recoverable amount and is worked out under subsections (4), (5) and (6). Person claiming compensation not member of couple "(4) If the person claiming compensation is not a member of a couple, the recoverable amount is equal to the smallest of the following amounts: (a) the sum of the youth training allowance payments payable to the person for the periodic payments period or the lump sum preclusion period; (b) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments; (c) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving: (i) a preliminary notice under section 235 in relation to the matter; or (ii) if the compensation payer has not received a preliminary notice-the recovery notice under this section in relation to the matter. Person claiming compensation is member of couple and partner not getting pension or benefit "(5) If: (a) the person claiming compensation is a member of a couple; and (b) the person's partner neither receives nor claims a compensation affected payment or a youth training allowance for the periodic payments period or the lump sum preclusion period; the recoverable amount is equal to the smallest of the following amounts: (c) the sum of the youth training allowance payments payable to the person for the periodic payments period or the lump sum preclusion period; (d) the compensation part of the lump sum or the sum of the amounts of the periodic compensation payments; (e) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving: (i) a preliminary notice under section 235 in relation to the matter; or (ii) if the compensation payer has not received a preliminary notice-the recovery notice under this section in relation to the matter. Person claiming compensation is member of couple and partner getting pension or benefit "(6) If: (a) the person claiming compensation is a member of a couple; and (b) the person's partner receives or claims a compensation affected payment or a youth training allowance for the periodic payments period or the lump sum preclusion period; the recoverable amount is equal to the smallest of the following amounts: (c) the sum of: (i) the youth training allowance payments payable to the person, or to the person's partner, for the periodic payments period or the lump sum preclusion period; and (ii) so much of the pension, benefit or allowance payable to the person's partner under the Social Security Act for the periodic payments period or the lump sum preclusion period as has not been recovered under the provisions of the Social Security Act that correspond to this Division; (d) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments; (e) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving: (i) a preliminary notice under section 235 in relation to the matter; or (ii) if the compensation payer has not received a preliminary notice-the recovery notice under this section in relation to the matter. Amounts to be reduced by notional FAS entitlement "(7) If: (a) subsection (1) applies to payments of youth training allowance paid to a person for a particular period (the'overpayment recovery period'); and (b) the Secretary is satisfied that family allowance supplement would have been payable to the person's partner for some or all of the overpayment recovery period if: (i) the person's partner had claimed family allowance supplement for that period; and (ii) neither the person nor the person's partner had been receiving a social security pension, a social security benefit or a youth training allowance during that period; the amount stated in the notice under subsection (1) is to be reduced by the notional FAS entitlement. Meaning of 'notional FAS entitlement' "(8) For the purposes of subsection (7), the'notional FAS entitlement' is the amount of family allowance supplement that the person's partner would, in the Secretary's opinion, have received during the overpayment recovery period if: (a) the person's partner had claimed family allowance supplement for that period; and (b) neither the person nor the person's partner had been receiving a social security pension, a social security benefit or a youth training allowance during that period. Meaning of 'family allowance supplement' "(9) In subsections (7) and (8): 'family allowance supplement' means family allowance supplement within the meaning of the Social Security Act 1991 as in force immediately before 1 January 1993. Contents of notice "(10) A notice under this section must contain a statement of the effect of section 240 so far as it relates to a recovery notice. Application "(11) This section applies to an amount payable by way of compensation in spite of any law of a State or Territory (however expressed) under which compensation is inalienable. Preliminary notice or recovery notice suspends liability to pay compensation "238. If a compensation payer has been given a preliminary notice under section 235 or a recovery notice under section 237 in relation to the compensation payer's liability, or possible liability, to pay compensation, the compensation payer is not liable to pay that compensation while the notice has effect. Compensation payer's payment to Commonwealth discharges liability to compensation recipient "239. Payment to the Commonwealth of an amount that a compensation payer is liable to pay under section 237 in relation to a person operates, to the extent of the payment, as a discharge of the compensation payer's liability to pay compensation to the person. Offence to make compensation payment after receiving preliminary notice or recovery payment Payer must not make payment "240.(1) If a compensation payer has been given a preliminary notice under section 235 or a recovery notice under section 237 in relation to the payment of compensation to a person, the compensation payer must not intentionally or recklessly make the compensation payment to the person unless: (a) in respect of a preliminary notice-the Secretary has given the compensation payer written notice that the preliminary notice is revoked; or (b) in respect of a recovery notice-the compensation payer has paid to the Commonwealth the amount stated in the notice; or (c) the Secretary has given the compensation payer written permission to pay the compensation. Penalty: Imprisonment for 12 months. Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence. Amounts liable to be paid "(2) A compensation payer who contravenes subsection (1) is, in addition to being liable under subsection (1), liable to pay to the Commonwealth: (a) if the contravention relates to a preliminary notice-an amount determined by the Secretary; and (b) if the contravention relates to a recovery notice-the recoverable amount stated in the notice. Amount determined by Secretary "(3) The amount determined by the Secretary under paragraph (2)(a) must not be more than the smallest of the amounts worked out under: (a) if the person is not a member of a couple-subsection 237(4); or (b) if the person is a member of a couple-subsection 237(5) or (6), as the case may be. Application "(4) This section applies in relation to a payment by way of compensation in spite of any law of a State or Territory (however expressed) under which the compensation is inalienable. "Subdivision E-Insurers Secretary may send preliminary notice to insurer Notice that Secretary may wish to recover amount "241.(1) If: (a) a person makes a claim against a potential compensation payer for compensation in respect of the person's lost earnings or lost capacity to earn; and (b) the person receives or claims youth training allowance for any period to which the compensation relates; and (c) the potential compensation payer's insurer, under a contract of insurance, may be liable to indemnify the potential compensation payer against any liability arising from the claim for compensation; the Secretary may give written notice to the insurer stating that the Secretary may wish to recover an amount from the insurer. Contents of notice "(2) A notice under subsection (1) must contain: (a) a statement of the insurer's obligation under section 242; and (b) a statement of the effect of section 247 so far as it relates to a preliminary notice. Insurer must tell Department of liability "242. If an insurer: (a) is given notice under section 241 in relation to a claim; or (b) either before or after receiving the notice, becomes liable to indemnify the compensation payer, either wholly or partly, in relation to the claim; the insurer must give to the Department of Social Security written notice of the liability within 7 days after: (c) becoming liable; or (d) receiving the notice; whichever happens later. Penalty: Imprisonment for 12 months. Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence. Secretary may send recovery notice to insurer Notice that Secretary proposes to recover amount "243.(1) If: (a) an insurer is liable, under a contract of insurance, to indemnify a compensation payer against any liability arising from a person's claim for compensation in respect of the person's lost earnings or lost capacity to earn; and (b) the person receives or claims youth training allowance for the periodic payments period or the lump sum preclusion period; the Secretary may give written notice to the insurer stating that the Secretary proposes to recover the amount stated in the notice from the insurer. Insurer liable to pay Commonwealth "(2) If an insurer is given notice under subsection (1), the insurer is liable to pay to the Commonwealth the amount stated in the notice. Amount stated in notice "(3) The amount stated in the notice is the recoverable amount and is worked out under subsections (4), (5) and (6). Person not member of couple "(4) If the person claiming compensation is not a member of a couple, the recoverable amount is equal to the smallest of the following amounts: (a) the sum of the youth training allowance payments payable to the person for the periodic payments period or the lump sum preclusion period; (b) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments; (c) the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving: (i) a preliminary notice under section 241 in relation to the matter; or (ii) if the insurer has not received a preliminary notice-the recovery notice under this section in relation to the matter. Person claiming compensation is member of couple and partner not getting pension, benefit or allowance "(5) If: (a) the person claiming compensation is a member of a couple; and (b) the person's partner neither receives nor claims a compensation affected payment or a youth training allowance for the periodic payments period or the lump sum preclusion period; the recoverable amount is equal to the smallest of the following amounts: (c) the sum of the youth training allowance payments payable to the person for the periodic payments period or the lump sum preclusion period; (d) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments; (e) the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving: (i) a preliminary notice under section 241 in relation to the matter; or (ii) if the insurer has not received a preliminary notice-the recovery notice under this section in relation to the matter. Person claiming compensation is member of couple and partner getting pension, benefit or allowance "(6) If: (a) the person claiming compensation is a member of a couple; and (b) the person's partner receives or claims a compensation affected payment or a youth training allowance for the periodic payments period or the lump sum preclusion period; the recoverable amount is equal to the smallest of the following amounts: (c) the sum of: (i) the youth training allowance payments payable to the person, or to the person's partner, for the periodic payments period or the lump sum preclusion period; and (ii) so much of the pension, benefit or allowance payable to the person's partner under the Social Security Act for the periodic payments period or the lump sum preclusion period as has not been recovered under the provisions of the Social Security Act that correspond to this Division; (d) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments; (e) the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving: (i) a preliminary notice under section 241 in relation to the matter; or (ii) if the insurer has not received a preliminary notice-the recovery notice under this section in relation to the matter. Contents of notice "(7) A notice under this section must contain a statement of the effect of section 246 so far as it relates to a recovery notice. Preliminary notice or recovery notice to insurer suspends both insurer's and compensation payer's liability "244. If an insurer has been given a preliminary notice under section 241 or a recovery notice under section 243 in relation to the insurer's liability, or possible liability, to indemnify a compensation payer against a liability arising from a claim for compensation: (a) the insurer is not liable so to indemnify the compensation payer; and (b) the compensation payer is not liable to pay that compensation; while the notice has effect. Insurer's payment to Commonwealth discharges liability "245. Payment of an amount that an insurer is liable to pay to the Commonwealth under section 243 in relation to a person claiming compensation operates, to the extent of the payment, as a discharge of: (a) the insurer's liability to the compensation payer; and (b) the compensation payer's liability to pay compensation to the person. Offence to make compensation payment after receiving preliminary notice or recovery notice Insurer must not make payment "246.(1) If an insurer has been given a preliminary notice under section 241 or a recovery notice under section 243 in relation to the insurer's liability to make a payment indemnifying a compensation payer, the insurer must not intentionally or recklessly make the payment to the compensation payer unless: (a) in respect of a preliminary notice-the Secretary has given the insurer written notice that the preliminary notice is revoked; or (b) in respect of a recovery notice-the insurer has paid to the Commonwealth the amount stated in the notice; or (c) the Secretary has given the insurer written permission to make the payment to the compensation payer. Penalty: Imprisonment for 12 months. Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence. Liability to pay Commonwealth "(2) An insurer who contravenes subsection (1) is, in addition to being liable under subsection (1), liable to pay to the Commonwealth: (a) if the contravention relates to a preliminary notice-an amount determined by the Secretary; and (b) if the contravention relates to a recovery notice-the recoverable amount stated in the notice. Amount determined by Secretary "(3) The amount determined by the Secretary under paragraph (2)(a) must not be more than the smallest of the amounts worked out under: (a) if the person claiming compensation is not a member of a couple- subsection 243(4); or (b) if the person claiming compensation is a member of a couple- subsection 243(5) or (6), as the case may be. "Subdivision F-Miscellaneous Secretary may give recovery notice either to compensation payer or to insurer but not to both Notice to compensation payer in force "247.(1) The Secretary is not to give a recovery notice to an insurer (under section 243) about a matter if there is a recovery notice to a compensation payer (under section 237) in force in relation to the same matter. Notice to insurer in force "(2) The Secretary is not to give a recovery notice to a compensation payer (under section 237) about a matter if there is a recovery notice to an insurer (under section 243) in force in relation to the same matter. Secretary may disregard some payments Special circumstances "248.(1) For the purposes of this Division, the Secretary may treat the whole or a part of a compensation payment as: (a) not having been made; or (b) not liable to be made; if the Secretary thinks it is appropriate to do so in the special circumstances of the case. Partner in receipt of compensation "(2) If: (a) a person is qualified for a youth training allowance; and (b) the person's partner receives compensation; and (c) the set of circumstances giving rise to the compensation are not related to the set of circumstances that give rise to the person's qualification for the youth training allowance; the fact that those 2 sets of circumstances are unrelated does not in itself constitute special circumstances for the purposes of subsection (1). Note: Subsection (2) is in response to comments made in the decision of the Administrative Appeals Tribunal in Re Secretary, Department of Social Security and Lee (S92/155) to the effect that the Social Security Act is aimed at reducing pensions in situations where a social security recipient's entitlement is somehow connected with the fact that the recipient's partner is in receipt of compensation payments and not wages. Division to bind Crown "249. This Division binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. "Division 13-Indexation "Subdivision A-Preliminary Analysis of Division "250. This Division provides for: (a) the indexation, in line with CPI (Consumer Price Index) increases, of the amounts in column 2 of the CPI Indexation Table at the end of section 252; and (b) the adjustment of certain amounts of pharmaceutical allowance in line with the increases in the amounts indexed. Indexed amounts "251. The following table sets out: (a) each amount that is to be indexed or adjusted under this Division; and (b) the abbreviation (if any) used in this Division for referring to that amount; and (c) the provision or provisions in which that amount is to be found. INDEXED AMOUNTS TABLE column 1 item column 2 description of amount and abbreviation (if any) column 3 provisions in which amount stated 1. Maximum basic rate of youth training allowance (abbreviated as'maximum basic rate') Table B in point B1 in MODULE B in Schedule 1-column 3-all amounts 2. Rent threshold rate Table DA in point D2 in MODULE D in Schedule 1-column 3-all amounts and Table DB in point D6 in MODULE D in Schedule 1-column 3-all amounts 3. Maximum rent assistance rate Table DB in point D6 in MODULE D in Schedule 1-column 4-all amounts 4. Minimum non-independent payment rate Step 7 in point A1 in MODULE A in Schedule 1 5. Rate of pharmaceutical allowance for a person who is not a member of a couple (abbreviated as'PA item 5 rate') Item 1 in Table C in point C5 in MODULE C in Schedule 1-column 3 6. Rate of pharmaceutical allowance for a person who is partnered (abbreviated as 'PA item 6 rate') Item 2 in Table C in point C5 in MODULE C in Schedule 1-column 3 7. Rate of pharmaceutical allowance for a person who is a member of an illness separated couple or a respite care couple (abbreviated as'PA item 7 rate') Items 3 and 4 in Table C in point C5 in MODULE C in Schedule 1-column 3 8. Rate of pharmaceutical allowance for a person: (a) who is a member of a couple; and (b) whose partner is receiving a service pension (abbreviated as'PA item 8 rate') Item 5 in Table C in point C5 in MODULE C in Schedule 1 -column 3 9. Rate of pharmaceutical allowance for a person: (a) who is a member of a couple; and (b) whose partner is in gaol (abbreviated as'PA item 9 rate') Item 6 in Table C in point C5 in MODULE C in Schedule 1-column 3 "Subdivision B-Indexation CPI Indexation Table Amount to be indexed "252.(1) An amount referred to in the following CPI Indexation Table below is to be indexed under this Subdivision on each indexation day for the amount, using the reference quarter and base quarter for the amount and indexation day and rounding off to the nearest multiple of the rounding base. CPI INDEXATION TABLE column 1 column 2 column 3 column 4 column 5 column 6 item amount indexation day(s) reference quarter (most recent before indexation day) base quarter rounding base 1. Maximum basic rate 1 January June highest June quarter before reference quarter (but not earlier than June quarter 1986) $0.10 2. Rent threshold rate (a) 20 March (b) 20 September (a) December (b) June highest June or December quarter before reference quarter (but not earlier than June quarter 1979) $0.20 3. Maximum rent assistance rate (a) 20 March (b) 20 September (a) December (b) June highest June or December quarter before reference quarter (but not earlier than June quarter 1979) $0.20 4. Minimum non-independent payment rate 1 January June highest June quarter before reference quarter (but not earlier than June quarter 1986) $0.05 5. PA item 6 rate and PA item 8 rate 1 January September highest September quarter before reference quarter (but not earlier than September quarter 1991) $0.10 Highest quarter "(2) A reference in the CPI Indexation Table to the highest of a group of quarters is a reference to the quarter in that group that has the highest index number. Indexation of amounts Indexed amount substituted "253.(1) If an amount is to be indexed under this Division on an indexation day, this Part has effect as if the indexed amount were substituted for that amount on that day. Method of working out indexed amount "(2) This is how to work out the indexed amount for an amount that is to be indexed under this Subdivision on an indexation day: Method statement Step 1. Use section 254 to work out the indexation factor for the amount on the indexation day. Step 2. Work out the current figure for the amount immediately before the indexation day. Step 3. Multiply the current figure by the indexation factor: the result is the provisional indexed amount. Step 4. Use section 255 to round off the provisional indexed amount: the result is the indexed amount. Note: For 'current figure' see subsection 58(1). First indexation of maximum basic rate "(3) The first indexation of the amounts under items 1, 4 and 5 of the CPI indexation Table in subsection 252(1) is to take place on 1 January 1996. Indexation facto STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 37 Transitional provision-acts and decisions of authorised persons and prescribed officers taken to be acts and decisions of Secretary 37.(1) Any application made under the Principal Act as in force before 1 January 1995 to an authorised person or to a prescribed officer is taken, on and after that day, for the purposes of the Principal Act as amended by this Act, to be an application made to the Secretary. (2) Any decision made by an authorised person or by a prescribed officer under, and for the purposes of, the Principal Act as in force before 1 January 1995 is taken, on and after that day, for the purposes of the Principal Act as amended by this Act, to be a decision made by that authorised person or prescribed officer as the delegate of the Secretary. (3) Any act or thing done by an authorised person or a prescribed officer in relation to a student or other person under, and for the purposes of, the Principal Act as in force before 1 January 1995 is taken, on and after that day, for the purposes of the Principal Act as amended by this Act, to have effect as if it were an act or thing done by the authorised person or prescribed officer as the delegate of the Secretary. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 38 Transitional provision-internal review of student assistance benefit decision 38.(1) If, before 1 January 1995: (a) a request had been made to the Secretary under section 20 of the Principal Act for consideration of a decision by a senior authorised person or a senior prescribed officer; but (b) that consideration of that decision had not begun; that request is to be treated, on and after that day, for all purposes, as if it were an application under section 304 of that Act as so amended for a review of the decision. (2) If, before 1 January 1995: (a) a request had been made to the Secretary under section 20 of the Principal Act for consideration of a decision by a senior authorised person or a senior prescribed officer; and (b) that consideration had begun but not been completed; the senior authorised person or the senior prescribed officer may complete that consideration as if Part 5 of the Principal Act had not been repealed. (3) Any decision made by a senior authorised person or a senior prescribed officer on a consideration of another decision that is undertaken for the purpose of section 20 of the Principal Act, whether that first-mentioned decision as made before or, in accordance with subsection (2), on or after 1 January 1995, has effect, for all purposes, as if it were a decision of an authorised review officer. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 39 Transitional provision-review of student assistance benefit decision not yet heard by SART 39.(1) If, before 1 January 1995, a request to the Secretary to the Department of Employment, Education and Training for the review of a decision of a senior authorised person or a senior prescribed officer: (a) had not been referred to a Convenor of the Student Assistance Review Tribunal ("SART"); or (b) had been referred to a Convenor of the SART but the Convenor: (i) had not arranged for a panel of the SART to undertake the review; or (ii) had so arranged but the review had not commenced; that request is to be treated, on and after that day, for all purposes, as if it were an application to the Social Security Appeals Tribunal ("SSAT") and is to be forwarded by the Secretary, on, or as soon as practicable after, that day, to the National Convener of the SSAT. (2) If an application is forwarded by the Secretary in accordance with subsection (1) to the National Convener of the SSAT, the Secretary is taken to have complied with subsection 1261(1) of the Social Security Act 1991. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 40 Transitional provision-review of student assistance benefit decision part-heard by SART 40. If, before 1 January 1995: (a) a request for review of a decision of a senior authorised person or a senior prescribed officer had been referred to a Convenor of the Student Assistance Review Tribunal ("SART"); and (b) the review of the decision had been commenced but not completed by the SART: then, for all purposes on and after that date: (c) the request for the review is taken to have been transferred to the Social Security Appeals Tribunal ("SSAT"); and (d) to facilitate that transfer, the members of the SART constituting the panel of the SART for the purposes of that review are to continue that review, on and after that day, as a properly constituted panel of the SSAT; and (e) for the purposes of section 1329 of the Social Security Act 1991, the hearing of the matter is taken to have commenced when the hearing of the review by the SART commenced; and (f) the functions and powers exercisable by the SSAT in such cases are the functions and powers of the SART under the Principal Act if the Principal Act had not been amended. STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT ACT 1994 No. 183, 1994 - SECT 41 Transitional provision-members of SART to become members of SSAT 41.(1) A person who is a Convenor or other member of the Student Assistance Review Tribunal ("SART") immediately before 1 January 1995 is taken, on and after that day, for the purposes of subsection 1324(1) of the Social Security Act 1991, to have been appointed by the Governor-General as an ordinary member of the Social Security Appeals Tribunal ("SSAT"). (2) A person taken to be appointed as an ordinary member of the SSAT under subsection (1): (a) enjoys, subject to subsection (3) or (4), whichever is appropriate, the same terms and conditions as he or she enjoyed while a Convenor or other member of the SART; and (b) is taken to have been so appointed for the balance of the term of his or her appointment to the SART, had the SART not been abolished. (3) A convenor of the SART who is taken to be appointed as an ordinary member of the SSAT under subsection (1): (a) is to be paid such remuneration as is from time to time fixed by the Remuneration Tribunal in relation to a Chairperson of the SSAT, regardless of whether the Convenor sits as a Chairperson of the SSAT or as an ordinary member; and (b) is to be paid such allowances as are prescribed for a Chairperson of the SSAT. (4) A member of the SART, other than a Convenor, who is taken to have been appointed as an ordinary member of the SSAT under subsection (1): (a) is to be paid such remuneration as is from time to time fixed by the Remuneration Tribunal in relation to an ordinary member of the SSAT; and (b) is to be paid such allowances as are prescribed for an ordinary member of the SSAT.