Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 540AB

General rule

  (1)   Subject to this Subdivision, a person is qualified for a youth allowance in respect of the period starting in accordance with subsection   (2) and ending in accordance with subsection   (3) if:

  (a)   the person satisfies the Secretary that throughout the period the person is unemployed; and

  (b)   throughout the period, the person is of youth allowance age (see Subdivision D); and

  (c)   the person has made a claim, or is taken to have made a claim, for youth allowance; and

  (d)   the person satisfies the Secretary that it is likely that the person has a permanent medical condition that would prevent the person from undertaking full - time work; and

  (e)   the person satisfies the Secretary that it would be unreasonable to expect the person to enter into an employment pathway plan until an assessment of the person's capacity to work has been undertaken; and

  (f)   throughout the period, the person:

  (i)   is an Australian resident; or

  (ii)   is exempt from the residence requirement within the meaning of subsection   7(7).

Note 1:   Subdivision G provides for prospective qualification for youth allowance.

Note 2:   Division   2 sets out situations in which youth allowance is not payable even if the person qualifies for it.

Period for which person is qualified

  (2)   The period for which the person is qualified for a youth allowance under this section starts:

  (a)   if the person is already receiving youth allowance when the Secretary becomes aware of the medical condition referred to in paragraph   (1)(d)--when the Secretary becomes aware of the medical condition; or

  (b)   otherwise--when the person made, or is taken to have made, the claim for youth allowance.

  (3)   The period for which the person is qualified for a youth allowance under this section ends:

  (a)   if the person has failed to comply with a requirement to enter into a Youth Allowance Employment Pathway Plan--on the day on which the person so failed; or

  (b)   in any other case--when the person enters into a Youth Allowance Employment Pathway Plan.

Extending the meaning of who is unemployed

  (4)   The Secretary may, for the purposes of this section, treat a person as being unemployed throughout a period if:

  (a)   during the period, the person undertakes:

  (i)   paid work that, in the Secretary's opinion, is suitable for the person to undertake; or

  (ii)   any other activity;

    as a result of which he or she would, but for this subsection, not be taken to be unemployed; and

  (b)   the Secretary is of the opinion that, taking into account:

  (i)   the nature of the work or other activity; and

  (ii)   the duration of the work or other activity; and

  (iii)   any remuneration received for the work or other activity; and

  (iv)   any other matters relating to the work or other activity, or to the person's circumstances, that the Secretary considers relevant;

    the activity should be disregarded.

  (5)   However, the activity must not be or include an activity of a kind that the Secretary determines under subsection   (6).

  (6)   The Secretary may determine, by legislative instrument, kinds of activities that are not to be taken into account for the purposes of subsection   (4).