Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Clause 1 of Schedule 1 (paragraph (c) of the definition of income support payment )
Omit " 1992 ; or", substitute " 1992 .".
2 Clause 1 of Schedule 1 (paragraph (d) of the definition of income support payment )
Repeal the paragraph.
3 Application
The amendments made by items 1 and 2 apply for the purposes of working out whether a person was receiving income support payment at or after the commencement of this item.
4 Section 139L (subparagraph (b)(iii) of the definition of income )
Repeal the subparagraph.
5 After paragraph 15(1)(b)
Insert:
(ba) receives a youth allowance or a newstart allowance under Part 2.11 or 2.12 of the Social Security Act 1991 ; or
6 Paragraph 15(1)(d)
Repeal the paragraph.
7 Subsection 15(2)
Repeal the subsection.
8 Paragraph 17(a)
Repeal the paragraph, substitute:
(a) receives youth allowance under the Social Security Act 1991 and is undertaking full - time study (as defined in that Act); or
(aa) receives austudy payment under the Social Security Act 1991 ; or
(ab) receives a pensioner education supplement under the Social Security Act 1991 ; or
Data - matching Program (Assistance and Tax) Act 1990
9 Subsection 3(1) (at the end of paragraph (da) of the definition of personal assistance )
Add "as in force before 1 July 1998".
10 Subsection 22(4) (paragraph (b) of the definition of pensioner or beneficiary )
After "2.7,", insert "2.11, 2.11A,".
11 Subsection 22(4) (paragraph (ca) of the definition of pensioner or beneficiary )
Repeal the paragraph.
Farm Household Support Act 1992
12 Subsection 3(1)
After " Australian resident ", insert " austudy payment ".
13 Subsection 3(1)
After " social security benefit ", insert " youth allowance ".
14 Subsection 3(2) (definition of youth training allowance )
After " 1973 ", insert "as in force before 1 July 1998".
15 Subsection 5(2)
Omit "or partner allowance", substitute ", partner allowance, youth allowance or austudy payment".
16 Paragraph 8(2)(b)
Omit "or partner allowance", substitute ", partner allowance, youth allowance or austudy payment".
17 Subsection 12(1)
Omit "a youth training allowance,".
18 Subsection 12(2)
Omit "youth training allowance or newstart allowance", substitute "newstart allowance, youth allowance or austudy payment".
19 Subsection 21A(1)
Omit "18", substitute "21".
Note: The heading to section 21A is altered by omitting " 18 " and substituting " 21 ".
20 Paragraphs 21A(1)(a) and (b)
Omit "training" (wherever occurring).
21 Subsection 22(1)
Omit "18", substitute "21".
Note: The heading to section 22 is altered by omitting " 18 " and substituting " 21 ".
22 Paragraph 43(1)(a)
Omit "a youth training allowance,".
23 Paragraphs 43(1)(b) and (d)
Omit "youth training allowance or newstart allowance", substitute "newstart allowance, youth allowance or austudy payment".
24 Subsection 52(3)
Omit "18", substitute "21".
25 Subsection 52(4)
Repeal the subsection, substitute:
(4) If the farm was sold within the period of 9 months from the beginning of the grant period in relation to the person and the person had not reached the age of 21 years at the time of the sale:
(a) the person is entitled to a grant equal to the amount of youth allowance that would be payable to the person in respect of the period (the youth qualifying period ) from the time of the sale of the farm to the end of the period of 9 months or the time when the person reaches the age of 21 years, whichever first happens, if, under Part 2.11 of the Social Security Act 1991 :
(i) the person were entitled to receive youth allowance for the youth qualifying period; and
(ii) youth allowance were payable to him or her at the rate that would be the person's maximum payment rate at the beginning of the youth qualifying period; and
(b) if the person reaches the age of 21 years before the end of the period of 9 months, the person is entitled to a grant equal to the amount of newstart allowance that would be payable to the person in respect of the period (the post - 21 period ) from the time when the person reached that age until the end of the period of 9 months if, under the Social Security Act 1991 :
(i) the person were entitled to receive newstart allowance for the post - 21 period; and
(ii) newstart allowance were payable to the person at the rate that would be the person's maximum payment rate at the beginning of the post - 21 period.
Note: For the person's maximum payment rate, see the Youth Allowance Rate Calculator in Part 3.5 of the Social Security Act 1991 or Module A of the Benefit Rate Calculator applicable to the person under section 643 of that Act (as appropriate).
26 Application
The amendments made by items 24 and 25 apply in relation to the sale of farms on or after the commencement of this item.
27 Subsection 3(1) (definition of DSS benefit dependant )
Omit "or a youth training allowance under the Student and Youth Assistance Act 1973 ", substitute ", or the recipient of youth allowance under that Act who is not undertaking full - time study for the purposes of that Act".
28 Subsection 3(1)
Insert:
"youth allowance" means youth allowance under the Social Security Act 1991 .
29 Subsection 4D(1A)
Omit "training allowance under Part 8 of the Student and Youth Assistance Act 1973 ", substitute "allowance but is not undertaking full - time study as defined in the Social Security Act 1991 ".
30 Subsection 4D(3) (definition of qualified recipient )
Repeal the definition, substitute:
"qualified recipient" means:
(a) a person who is in receipt of:
(i) a social security pension (except a special needs pension) under the Social Security Act 1991 ; or
(ii) a social security benefit (except a youth allowance or austudy payment) under that Act; or
(iii) a Commonwealth allowance; or
(b) a person who is in receipt of youth allowance but is not undertaking full - time study as defined in the Social Security Act 1991 .
31 Transitional provision for qualified recipients
Section 4D of the Health Insurance Act 1973 as amended by item 30 operates as if a person who received youth training allowance under Part 8 of the Student and Youth Assistance Act 1973 before the commencement of that item had received a social security benefit under the Social Security Act 1991 for each period for which the person received youth training allowance.
32 After subsection 5B(1)
Insert:
(1A) If:
(a) a person was declared under section 5D to be a disadvantaged person; and
(b) on the last day for which that declaration was in force he or she:
(i) was undertaking full - time study (as defined in the Social Security Act 1991 ); and
(ii) was an eligible person; and
(c) he or she received youth allowance for that day;
this section applies to him or her as if he or she had lodged on that day an application in accordance with subsection (1) of this section.
33 Subsection 5B(12) (definition of dependant )
Repeal the definition, substitute:
"dependant" of a person means:
(a) a child of the person; or
(b) the person's partner (as defined in the Social Security Act 1991 ), if:
(i) the partner is a DSS benefit dependant of the person and the person is receiving a youth allowance or unemployment benefit; or
(ii) the partner would be a DSS benefit dependant of the person were the person receiving a youth allowance or unemployment benefit.
34 Subsection 5B(12) (definition of income )
Omit "or Part 8 of the Student and Youth Assistance Act 1973 ".
35 Subsection 5B(12) (paragraph (aa) of the definition of income )
Repeal the paragraph.
36 Paragraph 5D(1)(a)
Omit "youth training allowance", substitute "youth allowance".
Note: The heading to section 5D is altered by inserting " , youth allowance " after " newstart allowance ".
37 After subsection 5D(1)
Insert:
(1AA) However, the Secretary must not declare a person to be a disadvantaged person under subsection (1) if the person is undertaking full - time study (as defined in the Social Security Act 1991 ) when he or she is granted a youth allowance.
38 Paragraph 5D(1A)(b)
Omit "youth training allowance", substitute "youth allowance".
39 After subsection 5D(1A)
Insert:
(2) However, the Secretary must not declare a person to be a disadvantaged person under subsection (1A) if the person is undertaking full - time study (as defined in the Social Security Act 1991 ) when a determination is made to pay him or her a youth allowance.
(3) Subsections (1AA) and (2) do not cause a declaration under this section to cease to be in force if the person who is the subject of the declaration starts to undertake full - time study (as defined in the Social Security Act 1991 ) while the declaration is in force.
40 Subsection 5D(8) (definition of youth training allowance )
Repeal the definition.
41 Saving provision
A declaration made under section 5D of the Health Insurance Act 1973 as in force before the commencement of this item continues in force for the period specified in the declaration, despite the amendment of that section by this Act.
42 Section 130H
Omit "and sections 351 to 360 of the Student and Youth Assistance Act 1973 ".
43 Subsection 4(1) (subparagraph (aa)(iii) of the definition of pensioner )
After "mature age allowance", insert "or austudy payment".
44 Subsection 4(1) (subparagraph (a)(i) of the definition of social security beneficiary )
After "benefit", insert "(other than youth allowance or austudy payment)".
45 Subsection 4(1) (paragraph (aa) of the definition of social security beneficiary )
Repeal the paragraph, substitute:
(aa) a person who is in receipt of youth allowance under the Social Security Act 1991 and is not undertaking full - time study (as defined in that Act); or
46 Application
The amendments made by items 44 and 45 apply for the purposes of working out whether a person is a social security beneficiary (within the meaning of the National Health Act 1953 ) at a time after the commencement of those items.
47 Subsection 84(1) (paragraph (ae) of the definition of concessional beneficiary )
Repeal the paragraph, substitute:
(ae) a person who is being paid youth allowance under the Social Security Act 1991 but is not undertaking full - time study (as defined in that Act); or
Registration of Deaths Abroad Act 1984
48 Subsection 3(1) (paragraph (ca) of the definition of prescribed person )
Repeal the paragraph.
49 Subsection 23(11) (paragraph (a) of the definition of tertiary education institution )
Omit " Student and Youth Assistance Act 1973 ", substitute " Student Assistance Act 1973 ".
Veterans' Entitlements Act 1986
50 Section 5 (index)
Omit:
education leavers waiting period | 5Q(1) |
youth training allowance | 5Q(1) |
51 Section 5 (index)
Insert in their appropriate alphabetical position, determined on a letter - by - letter basis:
austudy payment | 5Q(1) |
youth allowance | 5Q(1) |
52 Subsection 5E(1) (definition of member of a couple )
Omit "and (4)", substitute ", (4) and (4A)".
53 After subsection 5E(4)
Insert:
(4A) The partner of a person who:
(a) is receiving a youth allowance under the Social Security Act; and
(b) is not independent within the meaning of Part 3.5 of that Act;
is not a member of a couple for the purposes of:
(c) the provisions of this Act referred to in the table at the end of this subsection; and
(d) any provision of this Act that applies for the purposes of a provision mentioned in paragraph (c).
Note: Paragraph (d) has the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test or compensation recovery provisions, including section 5H (Income test definitions), section 5L (Assets test definitions), section 5NB (Compensation recovery definitions) and Divisions 1 to 11 of Part IIIB (General provisions relating to the income and assets tests).
Affected provisions | ||
Item | Provisions of this Act | Subject matter |
1 | Part IIIC | Compensation recovery |
2 | Module E of the Rate Calculator in Part 2 of Schedule 6 | Ordinary/adjusted income test |
3 | Module F of the Rate Calculator in Part 2 of Schedule 6 | Assets test |
54 Subparagraph 5E(5)(b)(iv)
Repeal the subparagraph.
55 Subparagraph 5E(5)(c)(iia)
Repeal the subparagraph.
56 Paragraph 5E(5)(e)
Omit "or a youth training allowance".
57 Subsection 5F(1) (at the end of paragraph (j) of the definition of child )
Add "(except youth allowance paid because the person is at least 16 but less than 25 and is receiving full - time education at a school, college or university)".
58 Subsection 5F(1) (definition of child )
Omit "or if the person is receiving a youth training allowance".
59 Subsection 5F(5)
Repeal the subsection.
60 Paragraph 5H(8)(ha)
Repeal the paragraph.
61 Application
The repeal of paragraph 5H(8)(ha) of the Veterans' Entitlements Act 1986 applies for the purposes of working out income earned, derived or received after 1 July 1998.
62 Subparagraph 5H(8)(v)(i)
After "allowance", insert "or youth allowance".
63 Paragraph 5H(8)(zg)
Repeal the paragraph.
64 Subsection 5Q(1)
Insert:
"austudy payment" has the meaning given by the Social Security Act 1991 .
65 Subsection 5Q(1) (definition of education leavers waiting period )
Repeal the definition.
66 Subsection 5Q(1) (after paragraph (aa) of the definition of social security benefit )
Insert:
(ab) youth allowance under Part 2.11; or
(ac) austudy payment under Part 2.11A; or
67 Subsection 5Q(1)
Insert:
"youth allowance" has the meaning given by the Social Security Act 1991 .
68 Subsection 5Q(1) (definition of youth training allowance )
Repeal the definition.
69 Paragraph 13(7)(d)
Repeal the paragraph, substitute:
(d) by way of youth allowance; or
70 At the end of paragraphs 13(7)(e) and (f)
Add "or".
71 After subsection 53E(2)
Insert:
(2A) If a veteran has a child who is receiving youth allowance, subsection 53E(2) applies to the veteran as if the child were a dependent child.
72 After point 53F - 6
Insert:
53F - 6A Points 53F - 4, 53F - 5 and 53F - 6 apply to a person (the parent ) as if each other person who is a child of the parent and is receiving youth allowance were a dependent child of the parent.
73 Paragraph 53F - 7(d)
Repeal the paragraph.
74 Paragraph 70(10A)(a)
Repeal the paragraph, substitute:
(a) by way of youth allowance; or
75 Paragraph 118AA(c)
Omit "AUSTUDY scheme", substitute " Social Security Act or the Student Assistance Act 1973 ".
76 Subparagraph 118AA(d)(i)
Omit "an approved course under the AUSTUDY scheme", substitute "the subject of a determination made under section 5D of the Student Assistance Act 1973 by the Minister administering that Act".
77 Subsection 205(8) (paragraph (d) of the definition of prescribed educational scheme )
Repeal the paragraph.
78 Saving provision
The amendment made by item 77 does not affect arrangements or proceedings for recovery of an amount purportedly paid under the AUSTUDY scheme before the commencement of this item but was not lawfully payable under that scheme.
79 After subclause 10(3) of Schedule 5
Insert:
(3A) Subclause (2) ceases to apply to the rate of service pension or income support supplement payable to a person:
(a) from the start of the day the Social Security Legislation Amendment (Youth Allowance) Act 1998 commences, if the child or youngest child because of whom this clause applies to the person is 16 or over then; or
(b) from the start of the 16th birthday of the child or youngest child because of whom this clause applies to the person, if that child is under 16 on the day that Act commences.
(3B) In working out the amount of:
(a) a person's notional pension/supplement child - related amount; and
(b) the notional family allowance child - related amount for a person or his or her partner;
at a time at or after the commencement of the Social Security Legislation Amendment (Youth Allowance) Act 1998 , disregard a child who is 16 or over at the time.
80 Paragraph SCH6 - E10(d) of Schedule 6
Repeal the paragraph.
81 Paragraph SCH6 - G4(b) of Schedule 6
Omit ", a social security benefit or a youth training allowance", substitute "or a social security benefit".
82 At the end of Module E of the Rate Calculator in Schedule 6
Add:
SCH6 - E12 In this Module:
"dependent child" , in relation to a person, includes any child of the person who is under 18 and is receiving a youth allowance.