Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if:
(a) the person is not the principal carer of a child who is a school age child or younger; and
(b) the Secretary is satisfied that one of the following applies:
(i) the person is a full - time student or a new apprentice;
(ii) within at least 4 of the last 6 fortnights, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);
(iii) within at least 4 of the last 6 fortnights, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);
(iv) the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).
(2) The Minister may, by legislative instrument, make a determination specifying activities for persons for the purposes of subparagraph (1)(b)(iv).
(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.