Commonwealth Consolidated Acts

YOUTH ALLOWANCE CONSOLIDATION ACT 2000 - SCHEDULE 1

Social Security Act 1991

1   Section 3 (index of definitions)

Omit:

substitute:

2   Section 3 (index of definitions)

Insert the following entries in their appropriate alphabetical positions, determined on a letter - by - letter basis:

3   Subsection 4(6A) (note)

Before "Part 3.10", insert "Part 2.26 (Fares allowance),".

4   Subsection 4(6A) (after item 11 in the table)

Insert:

5   After section 19A

Insert:

19AA   Fares allowance definitions

  (1)   This section has effect for the purposes of Part 2.26.

  (2)   Unless the contrary intention appears:

"activity test" means the test set out in section 541.

"approved course" has the meaning given by subsection 1061ZAAA(1).

"approved tertiary course" means a course of education or study that is determined, under section 5D of the Student Assistance Act 1973 , to be a tertiary course for the purposes of that Act.

"external student" , in relation to an approved course at a relevant educational institution, means a student enrolled for the course who is subject to a requirement, being a requirement that is a compulsory component of the course, to attend the institution for a period of time.

"independent" has the same meaning as in Parts 2.11 and 3.5 (see section 1067A).

"permanent home" has the meaning given by subsections (3) to (6) .

"public transport" does not include a taxi.

"relevant educational institution" has the meaning given by subsection 1061ZAAA(1).

"required to live away from his or her permanent home" has the meaning given by subsection (7).

"study year" means the period in which one complete year of an approved tertiary course (as defined by this subsection) starts and finishes.

  (3)   Subject to subsection (5), if a person is receiving youth allowance, and is not independent, the person's permanent home is the home of the parent whose income components are assessed under Submodule 4 of Module F of the Youth Allowance Rate Calculator in section 1067G.

  (4)   Subject to subsection (5), if subsection 1061ZAAA(5) applies to a person, the person's permanent home is the home of the parent whose income components were assessed, immediately before the person became independent, under Submodule 4 of Module F of the Youth Allowance Rate Calculator in section 1067G.

  (5)   If the parent uses more than one home, the person's permanent home is:

  (a)   the home that the parent uses most frequently; or

  (b)   if the parent uses more than one home for equal periods, the home that the person nominates.

  (6)   The permanent home of a person to whom none of the preceding subsections apply is the person's usual place of residence.

  (7)   A person is taken to be required to live away from his or her permanent home in order to undertake an approved tertiary course of education or study if:

  (a)   the person is not independent; and

  (b)   the person does not live at the person's permanent home; and

  (c)   the Secretary determines that the person needs to live away from the person's permanent home in order to undertake the course.

6   Subsection 23(1) (definition of fares allowance )

Repeal the definition, substitute:

"fares allowance" means fares allowance under Part 2.26 or under the Social Security (Fares Allowance) Rules 1998, as the case may be.

7   Subsection 23(1)

Insert:

"Social Security (Fares Allowance) Rules 1998" , in relation to a time after the commencement of Schedule 1 to the Youth Allowance Consolidation Act 2000 , means those Rules as they continue in force under clause 126 of Schedule 1A.

8   Part 2.26

Repeal the Part, substitute:

Part 2.26 -- Fares allowance

Division 1 -- Qualification for fares allowance

1061ZAAA   Qualification for fares allowance

  (1)   A person is qualified for fares allowance for a journey by the person if:

  (a)   during a period (the relevant period ) that is the whole or a part of a study year the person undertakes an approved tertiary course (the approved course ) at an educational institution in Australia (the relevant educational institution ); and

  (b)   during the relevant period the person is receiving one or more of the following forms of financial assistance:

  (i)   youth allowance because the person satisfies the activity test by undertaking full - time study;

  (ii)   youth allowance where the only term of the relevant Youth Allowance Activity Agreement is a term to the effect that the person has to undertake an approved course of education or study under subsection 541B(5);

  (iii)   austudy payment;

  (iv)   pensioner education supplement; and

  (c)   during the relevant period the person's permanent home is in Australia ; and

  (d)   either:

  (i)   subsection (2) or (3) applies in respect of the person for the study year; or

  (ii)   subsection (4) or (5) applies in respect of the person in relation to the journey; and

  (e)   either section 1061ZAAB or 1061ZAAC applies in respect of the journey; and

  (f)   the journey has been made or, if it has not been made, the Secretary is satisfied that:

  (i)   the person intends to make the journey; and

  (ii)   the person's means of travel for the journey will be provided by a commercial operator.

Note:   A person is taken to be receiving a form of financial assistance referred to in paragraph (b) even though the person has traded in, or traded back, the assistance to obtain a financial supplement.

  (2)   This subsection applies in respect of the person for the study year if, during the relevant period, the person:

  (a)   has a partner, or a dependent child, living at the person's permanent home; and

  (b)   is required to live away from his or her permanent home in order to undertake the approved course.

  (3)   This subsection applies in respect of the person for the study year if, during the relevant period, the person is enrolled as an external student for the approved course.

  (4)   This subsection applies in respect of the person in relation to the journey if:

  (a)   during the relevant period, the person:

  (i)   is receiving youth allowance as referred to in subparagraph (1)(b)(i) or (ii); and

  (ii)   is required to live away from home within the meaning of Part 3.5 (see section 1067D); and

  (b)   the person is not independent when the journey is made.

  (5)   This subsection applies in respect of the person in relation to the journey if:

  (a)   during the relevant period, the person:

  (i)   is receiving youth allowance as referred to in subparagraph (1)(b)(i) or (ii); and

  (ii)   is required to live away from home within the meaning of Part 3.5 (see section 1067D); and

  (b)   during the study year and before the journey was made the person became independent because of subsection 1067A(4) or (10); and

  (c)   if the journey had been made in the study year before the person became independent, subsection (4) would have applied in respect of the person in relation to the journey.

Note:   A person is not qualified for a fares allowance in respect of a journey made before the commencement of this section (see clause 126 of Schedule 1A).

1061ZAAB   Journey by person who is not an external student

    If the person is enrolled for the approved course as a student other than an external student, this section applies in respect of a journey only if the journey is one of the following:

  (a)   a journey from the person's permanent home to the relevant educational institution to start the course;

  (b)   a journey made, in the study year or before 1 April in the next year, from the relevant educational institution to the person's permanent home after the person has finished or discontinued the course;

  (c)   a return journey during the study year between the relevant educational institution and the person's permanent home where the person:

  (i)   has, during the study year and before the making of the journey, received one or more of the forms of financial assistance referred to in paragraph 1061ZAAA(1)(b) for a total period of 6 months (whether continuous or not); and

  (ii)   is receiving one of those forms of financial assistance when the journey is made.

1061ZAAC   Journey by person who is an external student

    If the person is enrolled for the approved course as an external student, this section applies only in respect of one return journey by the person during the study year between the person's permanent home and the relevant educational institution in order to attend the institution for a period under a requirement that is a compulsory component of the course.

Division 2 -- Making and determination of claim for fares allowance

1061ZAAD   Need for a claim

    A person who wants fares allowance for a journey must make a proper claim for the allowance.

1061ZAAE   Form of claim

    To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

1061ZAAF   Lodgment of claim

  (1)   To be a proper claim, a claim must be lodged:

  (a)   at an office of the Department; 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.

  (2)   If:

  (a)   a person contacts the Department in relation to his or her claiming fares allowance; and

  (b)   the person is, on the day on which he or she contacts the Department, qualified for fares allowance; and

  (c)   the person lodges a claim for fares allowance within 14 days after the day on which he or she contacts the Department; and

  (d)   the Department has a record of the person contacting the Department;

the person is taken to have lodged a claim for fares allowance on the day on which the person contacted the Department.

  (3)   In this section:

"contacts the Department" includes contacts the Department by post or telephone or by the transmission of a message by the use of facsimile, computer equipment or any other electronic means.

1061ZAAG   Time limit for claim

  (1)   Subject to this section, to be a proper claim, the claim must be lodged in the study year concerned or before 1 April next following the end of that year (the final date ).

  (2)   A claim lodged on or after the final date is a proper claim if the Secretary is satisfied that the claimant took reasonable steps to ensure that it would be lodged before the final date.

  (3)   Also, a claim lodged on or after the final date is a proper claim if the Secretary is satisfied that:

  (a)   circumstances beyond the claimant's control prevented the claimant from taking reasonable steps to lodge the claim before the final date; and

  (b)   the claimant lodged the claim as soon as practicable after the circumstances stopped.

1061ZAAH   Claim may be withdrawn

  (1)   A claimant for fares allowance, or a person on behalf of a claimant, may withdraw a claim that has not been determined.

  (2)   A claim that is withdrawn is taken not to have been made.

  (3)   A withdrawal may be made orally or in writing.

1061ZAAI   Determination of claim

  (1)   The Secretary is to determine a person's claim for fares allowance.

  (2)   The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that the person is qualified for the fares allowance to which the claim relates.

Division 3 -- Amount of fares allowance

1061ZAAJ   Fares allowance for public transport

  (1)   If the Secretary is satisfied that it is practicable for the person to make the entire journey by public transport, the amount of fares allowance for the entire journey is worked out using this section.

  (2)   If the Secretary is satisfied that it is practicable for the person to make part of the journey by public transport, the amount of fares allowance for that part of the journey is worked out using this section.

  (3)   The amount of fares allowance is the cost of making the journey, or the part of the journey, using a reasonable route and the least expensive form of public transport that is reasonable.

  (4)   The cost is to be based on the cost of any concessional fare available to the person.

  (5)   The cost of a sleeping berth is to be included only if it is reasonable for the person to travel by rail and for the person to have the berth.

  (6)   In deciding what is practicable or reasonable for the purposes of this section, the period of time needed for the entire journey, and any illness or incapacity of the person, must be taken into account.

  (7)   The amount of fares allowance to be paid is to be worked out using this section whether or not the person chooses to make the journey, or the part of the journey, in the way described in this section.

1061ZAAK   Fares allowance for private transport

  (1)   If the Secretary is satisfied that it is not practicable for the person to make any part of the journey by public transport, the amount of fares allowance for the entire journey is worked out using this section.

  (2)   If the Secretary is satisfied that it is not practicable for the person to make a part of the journey by public transport, the amount of fares allowance for that part of the journey is worked out using this section.

  (3)   If the person makes the journey, or the part of the journey, by taxi, the fares allowance is 63 cents per kilometre travelled by taxi.

  (4)   If the person makes the journey, or the part of the journey, by another vehicle, the fares allowance is worked out in accordance with the following table:

  (5)   If the Secretary is satisfied that:

  (a)   it is unreasonable for the person to make the journey or the part of the journey by taxi or another vehicle because of abnormal travel hazards (for example, bushfire or flood); and

  (b)   the person makes the journey or the part of the journey by another form of transport that is reasonable because of the distance travelled and the cost of the transport;

the amount of fares allowance for the journey or that part of the journey is the actual cost to the person of making the journey or that part of the journey.

  (6)   In deciding what is practicable or reasonable for the purposes of this section, the period of time needed for the entire journey, and any illness or incapacity of the person, must be taken into account.

  (7)   For the purposes of this section, a vehicle that is registered as a taxi in a State or Territory is to be taken to be a taxi only while it is used in the State or Territory.

  (8)   The Minister may make written determinations:

  (a)   varying the amount referred to in subsection (3); or

  (b)   amending the table in subsection (4) or omitting that table and substituting another table.

  (9)   A determination under subsection (8) is a disallowable instrument.

Division 4 -- Payment of fares allowance

1061ZAAL   Timing of payment

  (1)   Subject to subsection (2), fares allowance for a journey by a person is to be paid as a reimbursement after the journey is made.

  (2)   If the journey has not been made, the fares allowance for the journey is to be paid before the journey is made.

1061ZAAM   To whom fares allowance is to be paid

  (1)   Subject to subsection (4), if the person is or was receiving youth allowance at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the youth allowance are or were being paid under section 559D or 559E.

  (2)   Subject to subsection (4), if the person is or was receiving austudy payment at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the austudy payment are or were being paid under section 584D.

  (3)   Subject to subsection (4), if the person is or was receiving pensioner education supplement at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the pensioner education supplement are or were being paid under section 1061PZK.

  (4)   If the fares allowance is to be paid as referred to in subsection 1061ZAAL(2), it is to be paid, on behalf of the person, to the commercial operator who provides the person's means of travel.

  (5)   This section has effect subject to section 1061ZAAO.

1061ZAAN   Payment into bank account

  (1)   If an amount of fares allowance is to be paid to a person, it is to be paid in the way described by this section.

  (2)   Subject to this section, fares allowance is to be paid to the credit of the bank account into which payments of youth allowance, austudy payment or pensioner education supplement are or were made.

  (3)   If a payment referred to in subsection (2) is not paid into an account referred to in that section, because of a direction given under subsection 559F(4), 584E(4) or 1061PZL(4), then, subject to subsection (5), fares allowance is to be paid to the credit of a bank account nominated and maintained by the person.

  (4)   The person's account may be maintained by the person alone or jointly or in common with someone else.

  (5)   The Secretary may direct that all or part of the amount is to be paid in a different way than to the credit of the bank account and, if the Secretary does so, the amount is to be paid in accordance with the direction.

1061ZAAO   Payment of allowance after death

  (1)   If:

  (a)   a person (the student ) has died; and

  (b)   fares allowance was payable to the student at the time of his or her death; and

  (c)   the allowance was not paid before that time;

a person may apply to receive the allowance.

  (2)   Without limiting the effect that paragraph (1)(b) has apart from this subsection, fares allowance is taken for the purposes of that paragraph to have been payable to the student at the time of his or her death if:

  (a)   at that time the student was qualified for the fares allowance but had not made a proper claim for the allowance; and

  (b)   a person has applied at a later time to receive the allowance; and

  (c)   if the student had not died and had made a claim for the allowance at the later time, the claim would have been a proper claim.

  (3)   If one or more people apply to receive the allowance, the Secretary may pay the allowance to the applicant who, in the Secretary's opinion, is best entitled to it.

  (4)   However, an application to receive the allowance is to be made:

  (a)   within 6 months after the student died; or

  (b)   within a longer period allowed by the Secretary in special circumstances.

  (5)   If the Secretary pays an amount of fares allowance under subsection (3), the Commonwealth has no liability to anyone else for the amount.

Division 5 -- Protection of fares allowance

1061ZAAP   Fares allowance absolutely inalienable

    A payment of fares allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

1061ZAAQ   Effect of garnishee or attachment order

  (1)   This section applies if:

  (a)   a person has an account with a financial institution (whether the account is maintained by the person alone, or jointly or in common with someone else); and

  (b)   a court order in the nature of a garnishee order comes into force for the account; and

  (c)   an amount of fares allowance has been paid to the credit of the account in the 4 weeks immediately before the court order came into force.

  (2)   The court order does not apply to the saved amount (if any) in the account.

  (3)   The saved amount is the amount worked out using the following Method statement.

9   Section 1222A

After "1947 Act,", insert "or by way of fares allowance under the Social Security (Fares Allowance) Rules 1998,".

10   Paragraph 1222A(a)

After "1947 Act", insert ", the Social Security (Fares Allowance) Rules 1998".

11   Subsection 1223(1)

After "social security payment" (wherever occurring), insert "or fares allowance".

12   Paragraph 1223(2A)(a)

After "payment", insert "or by way of fares allowance for a journey".

13   Paragraph 1223(2A)(b)

After "instalment", insert "or journey".

14   Paragraph 1223(5)(a)

After "1997", insert "or by way of fares allowance".

15   Paragraph 1223(5)(b)

After "calculator", insert "or other provision for calculating the amount".

16   Paragraph 1223(5)(b)

After "payment", insert "or fares allowance".

17   Paragraph 1224(1)(a)

After "payment", insert "or fares allowance".

18   Subparagraph 1224(1)(b)(ii)

Omit "or the 1947 Act", substitute ", the 1947 Act or the Social Security (Fares Allowance) Rules 1998".

19   Paragraph 1224AA(1)(a)

After "payment", insert "or an amount of fares allowance".

20   Paragraph 1224AB(1)(a)

After "this Act", insert "or the Social Security (Fares Allowance) Rules 1998".

21   After subparagraph 1229(1)(b)(i)

Insert:

  (ia)   owes a debt to the Commonwealth under the Social Security (Fares Allowance) Rules 1998; or

22   After subparagraph 1229A(1)(b)(i)

Insert:

  (ia)   a debt to the Commonwealth under the Social Security (Fares Allowance) Rules 1998; or

23   After paragraph 1231(1)(d)

Insert:

  (e)   a debt under the Social Security (Fares Allowance) Rules 1998;

24   After paragraph 1232(1)(b)

Insert:

  or (c)   the Social Security (Fares Allowance) Rules 1998;

25   Subsection 1233(1)

Omit "or under the 1947 Act", substitute ", under the 1947 Act or under the Social Security (Fares Allowance) Rules 1998".

26   At the end of subsection 1234(3)

Add:

  ; or (c)   a debt under the Social Security (Fares Allowance) Rules 1998.

27   Paragraph 1234A(1)(a)

Omit "or the Farm Household Support Act 1992 ", substitute ", the Farm Household Support Act 1992 or the Social Security (Fares Allowance) Rules 1998".

28   At the end of section 1235

Add:

  ; or (d)   a debt under the Social Security (Fares Allowance) Rules 1998.

29   Paragraph 1304(1)(ca)

Repeal the paragraph, substitute:

  (ca)   whether a person who has made a claim under the Social Security (Fares Allowance) Rules 1998 was eligible for fares allowance; or

30   Paragraph 1307(1)(b)

Repeal the paragraph, substitute:

  (b)   verifying the qualification of persons who have made claims for social security payments under this Act, or the eligibility of persons who have made claims for fares allowance under the Social Security (Fares Allowance) Rules 1998, for the payments or allowance.

31   Section 1347

After "eligible", insert "or qualified, as the case may be".

32   Schedule 1A

Insert in its appropriate position (determined on a numerical order basis):

126   Application and transitional provisions relating to fares allowance

  (1)   Part 2.26 applies only in respect of claims for fares allowance made after the commencement of that Part for journeys made after that commencement.

  (2)   The Social Security (Fares Allowance) Rules 1998 made under section 1061ZAAA as in force immediately before the commencement of Part 2.26 continue in force as if that section were still in force but apply only in respect of claims made, whether before or after that commencement, for journeys made before that commencement.

  (3)   If:

  (a)   a person has, before the commencement of Part 2.26, made a journey in a study year; and

  (b)   the person is eligible, under the Rules referred to in subclause (2), as they continue in force under that subclause (the continuing Rules ) for fares allowance in respect of the journey; and

  (c)   the person makes a claim under Part 2.26 for fares allowance in respect of a journey made, or to be made, after the commencement of that Part in the same study year;

the claim is not to be determined until the person has made a claim under the continuing Rules in respect of the journey referred to in paragraph (a) and the claim has been finally dealt with in accordance with those Rules.