Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1985 No. 52, 1985 - SECT 6

6. After section 97 of the Principal Act the following section is inserted:
Family allowance not payable in respect of certain student children over the
age of 18 years

"98. (1) Subject to sub-section (2), a family allowance shall not, on or after
1 November 1985, be paid in respect of a child who is over the age of 18
years, but nothing in this sub-section affects the grant, or the payment,
after 1 November 1985, of a family allowance in respect of any family
allowance period ending on or before 14 October 1985.

"(2) Sub-section (1) does not apply in respect of a child if -

   (a)  a person would, but for sub-section (1), be eligible to receive a
        family income supplement, a double orphan's pension or a handicapped
        child's allowance in respect of the child;

   (b)  a person is receiving a pension, benefit or allowance of the kind
        referred to in paragraph 85 (1) (a) and, if -

        (i)    the person were not receiving that pension, benefit or
               allowance or, if the person is a married person, neither the
               person nor the person's spouse were receiving such a pension,
               benefit or allowance; and

        (ii)   sub-section (1) did not apply in respect of the child, the
               person or the person's spouse would be eligible to receive a
               family income supplement in respect of the child;

   (c)  a person is receiving, or becomes eligible to receive, payments in
        respect of the child under the scheme administered by the Commonwealth
        known as the Secondary Allowances Scheme or the scheme administered by
        the Commonwealth known as the Aboriginal Secondary Grants Scheme;

   (d)  a person is receiving, or becomes eligible to receive, payments in
        respect of the child under the scheme administered by the Commonwealth
        known as the Assistance for Isolated Children Scheme, being payments
        that would not be payable or would be payable at a lower rate if the
        income of any person were higher; or

   (e)  a person is receiving, or becomes eligible to receive, or the child is
        receiving, or becomes eligible to receive, payments under any other
        scheme under a law of the Commonwealth or under a scheme administered
        by the Commonwealth, being a scheme declared by the Minister, by
        notice in writing published in the Gazette, to be a scheme to which
        this paragraph applies.".