Commonwealth Consolidated Acts

YOUTH ALLOWANCE CONSOLIDATION ACT 2000 - SCHEDULE 4

Part 1 -- Amendments commencing on Royal Assent

Social Security Act 1991

1A   Paragraph 541B(1)(b)

Repeal the paragraph, substitute:

  (b)   the person:

  (i)   is undertaking in the particular study period (such as, for example, a semester) for which he or she is enrolled for the course; or

  (ii)   intends to undertake in the next study period for which he or she intends to enrol for the course;

    either:

  (iii)   in a case to which subsection   (1A) does not apply--at least three - quarters of the normal amount of full - time study in respect of the course for that period (see subsections   (2) to (4)); or

  (iv)   in a case to which subsection   (1A) applies--at least two - thirds of the normal amount of full - time study in respect of the course for that period (see subsections   (2) to (4)); and

1B   After subsection 541B(1)

Insert:

When two - thirds study load applies

  (1A)   This subsection applies for the purposes of subparagraph   (1)(b)(iv) if the person cannot undertake the normal amount of full - time study in respect of the course for that period:

  (a)   because of the usual requirements of the institution in question in respect of the course; or

  (b)   because of a specific direction in writing to the student from the academic registrar, or an equivalent officer, of the institution in question; or

  (c)   because the academic registrar, or an equivalent officer, of the institution in question recommends in writing that the person undertake the amount of study mentioned in subparagraph   (1)(b)(iv) in respect of the course for specified academic or vocational reasons.

    Paragraph (c) applies for no longer than half of the academic year.

1   Paragraphs 551C(1)(c) and (d)

Repeal the paragraphs, substitute:

  (c)   the Secretary is of the opinion that the person should:

  (i)   attend an office of the Department; or

  (ii)   attend a particular place for a particular purpose; or

  (iii)   contact the Department; or

  (iv)   give information to the Secretary; and

  (d)   the Secretary gives the person a written notice stating that the person is required, within a period of not less than 14 days stated in the notice, to:

  (i)   attend the office; or

  (ii)   attend the place; or

  (iii)   contact the Department; or

  (iv)   give the information; and

2   Paragraph 552(2)(b)

After "person", insert "or to someone else in respect of the person".

3   After paragraph 552A(1)(a)

Insert:

  (aa)   the Assistance for Isolated Children Scheme; and

4   Subsection 561B(1)

Repeal the subsection, substitute:

  (1)   The Secretary may give to a person in respect of whom a youth allowance is being paid a notice that requires the person to tell the Department if:

  (a)   a stated event or change of circumstances occurs; or

  (b)   the person becomes aware that a stated event or change of circumstances is likely to occur.

5   Subsection 561C(1)

Repeal the subsection, substitute:

  (1)   The Secretary may give to a person in respect of whom a youth allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.

6   After Subdivision D of Division 9 of Part 2.11

Insert:

Subdivision EA -- Recalculation of rate of youth allowance

565F   Recalculation if combined parental income or actual means of family exceeds estimated amount

  (1)   If:

  (a)   in working out the rate of youth allowance payable to a person, regard is had to the combined parental income of the person, or the actual means of the family of the person, for a tax year; and

  (b)   the combined parental income of the person, or the actual means of the family of the person, to which regard was had consisted of an amount estimated by the person; and

  (c)   the combined parental income of the person, or the actual means of the family of the person, for the tax year is more than the amount of the combined parental income of the person, or the actual means of the family of the person, as the case may be, on which the determination of the rate of youth allowance was based;

the person's rate of youth allowance is to be recalculated on the basis of the combined parental income of the person or the actual means of the family of the person, as the case may be.

  (2)   In subsection (1):

"actual means of the family" of a person has the same meaning as in Submodule 4 of Module G of the Youth Allowance Rate Calculator in section 1067G.

"combined parental income" of a person has the same meaning as in Submodule 4 of Module F of the Youth Allowance Rate Calculator in section 1067G.

565G   Recalculation because of increase in combined parental income

    If point 1067G - F6 applies to a person in respect of a youth allowance payment period that ends after 30 September in a year, the person's rate of youth allowance is to be recalculated on the basis of the changed appropriate tax year referred to in that point.

7   Paragraph 569D(4)(a)

After "Service", insert "or an appropriate medical practitioner who has a detailed knowledge of the person's physical condition".

8   After subsection 569H(6)

Insert:

Current 25% concessional study - load students who have previously undertaken courses on a different basis

  (6A)   If:

  (a)   a person is undertaking a course as a 25% concessional study - load student; and

  (b)   the person has previously undertaken:

  (i)   part of that course; or

  (ii)   one or more than one other course at the same level as that course;

    in any of the following ways:

  (iii)   as a full - time student;

  (iv)   as a 66% concessional study - load student;

  (v)   on a part - time basis; and

  (c)   the time spent by the person undertaking the part of the course referred to in subparagraph (b)(i), or the course or courses referred to in subparagraph (b)(ii), (the previous study ) is not to be disregarded under subsection (7);

the time spent by the person undertaking the previous study is taken to be:

  (d)   twice the time that the person took to complete the previous study; or

  (e)   if the Secretary has approved, under subsection (4), a longer allowable study time in relation to the person for the course--the time taken by the person to complete the previous study multiplied by the factor used by the Secretary for the purposes of the approval under that subsection.

9   Point 1066A - B1 (table and notes)

Repeal the table and notes, substitute:

Note 1:   For member of a couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section   4.

Note 2:   For dependent child , homeless person and independent young person see section   5.

Note 3:   For living away from the person's parental home see subsection 23(4D).

Note 4:   The rates in columns 3A and 3B are adjusted annually in line with CPI changes (see section   1198B).

9A   Point 1066A - B1 (table and notes)

Repeal the table and notes, substitute:

Note 1:   For member of a couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section   4.

Note 2:   For dependent child , homeless person and independent young person see section   5.

Note 3:   For living away from the person's parental home see subsection 23(4D).

Note 4:   The rates in columns 3A and 3B are adjusted annually in line with CPI changes (see section   1198B).

10   Point 1066B - B1 (table and notes)

Repeal the table and notes, substitute:

Note 1:   For member of a couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section   4.

Note 2:   For dependent child , homeless person and independent young person see section   5.

Note 3:   For living away from the person's parental home see subsection 23(4D).

Note 4:   The rates in columns 3A and 3B are adjusted annually in line with CPI changes (see section   1198B).

10A   Point 1066B - B1 (table and notes)

Repeal the table and notes, substitute:

Note 1:   For member of a couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section   4.

Note 2:   For dependent child , homeless person and independent young person see section   5.

Note 3:   For living away from the person's parental home see subsection 23(4D).

Note 4:   The rates in columns 3A and 3B are adjusted annually in line with CPI changes (see section   1198B).

11   Paragraph 1067A(10)(a)

Omit "the preceding", substitute "any period of".

12   Subsection 1067A(10)

Omit "However, the employment must not have involved work outside Australia. ".

13   Paragraph 1067F(1)(b)

Repeal the paragraph.

14   Paragraph 1067F(2)(b)

Repeal the paragraph.

15   After paragraph (c) of point 1067G - B4

Insert:

  ; and (d)   whether the person is a member of a couple (see section 4).

16   Point 1067G - B4 (table)

Repeal the table, substitute:

Note:   The rates in column 3 are indexed annually in line with CPI increases (see sections   1191 - 1194).

16A   Point 1067G - B4 (table)

Repeal the table, substitute:

Note:   The rates in column 3 are indexed annually in line with CPI increases (see sections   1191 - 1194).

17   Paragraph 1067K(1)(a)

Repeal the paragraph.

18   Paragraph 1067K(2)(a)

Repeal the paragraph.

19   Points 1067L - B2 and 1067L - B3

Repeal the points, substitute:

Person who is not a long term income support student

  1067L - B2(1)   If the person is not a long term income support student (see section   1067K), work out:

  (a)   whether the person is a member of a couple (see section   4); and

  (b)   whether the person has a dependent child (see subsections 5(2) to (9)); and

  (c)   if the person is not a member of a couple, whether the person has a YA child (see subpoint (2)).

The person's maximum basic rate is the amount in column 3 of the table that corresponds to the person's situation as described in column 2 of the table.

Note:   The rates in column 3 are indexed annually in line with CPI increases (see sections   1191 - 1194).

  (2)   In this point:

"YA child" , in relation to a person who is not a member of a couple, means a child who is receiving youth allowance, is under 18 years of age and would be a dependent child of the person if he or she were not receiving the allowance.

Person who is a long term income support student

  1067L - B3   If the person is a long term income support student (see section   1067K), work out whether the person is a member of a couple (see section   4).

The person's maximum basic rate is the amount in column 3 of the table that corresponds to the person's situation as described in column 2 of the table.

19A   Points 1067L - B2 and 1067L - B3

Repeal the points, substitute:

Person who is not a long term income support student

  1067L - B2(1)   If the person is not a long term income support student (see section   1067K), work out:

  (a)   whether the person is a member of a couple (see section   4); and

  (b)   whether the person has a dependent child (see subsections 5(2) to (9)); and

  (c)   if the person is not a member of a couple, whether the person has a YA child (see subpoint (2)).

The person's maximum basic rate is the amount in column 3 of the table that corresponds to the person's situation as described in column 2 of the table.

Note:   The rates in column 3 are indexed annually in line with CPI increases (see sections   1191 - 1194).

  (2)   In this point:

"YA child" , in relation to a person who is not a member of a couple, means a child who is receiving youth allowance, is under 18 years of age and would be a dependent child of the person if he or she were not receiving the allowance.

Person who is a long term income support student

  1067L - B3   If the person is a long term income support student (see section   1067K), work out whether the person is a member of a couple (see section   4).

The person's maximum basic rate is the amount in column 3 of the table that corresponds to the person's situation as described in column 2 of the table.

20   Subpoint 1069 - F2 (1)

Omit "(2) and (3)", substitute "(2), (3) and (4)".

21   At the end of point 1069 - F2

Add:

  (4)   An amount is not to be added to a person's standard family allowance rate under subpoint (1) unless that rate exceeds the person's minimum family allowance rate.

23   Paragraph 1123(2)(a)

After "partner", insert "or someone else of whom the person is a family member".

24   After section 1126

Insert:

1126A   Disposal of assets in pre - pension year--family members

  (1)   Subject to this section, if:

  (a)   a person (the relevant person ) has disposed of an asset; and

  (b)   the relevant person is a family member of another person (the other person ) when the other person claims a youth allowance; and

  (c)   the relevant person disposed of the asset during a pre - pension year of the other person; and

  (d)   the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during that pre - pension year, exceeds $10,000;

then, for the purpose of determining whether a youth allowance is payable to the other person, there is to be included in the value of the other person's assets for the period of 5 years that starts on the day on which the disposition took place:

  (e)   the amount by which the sum of the amount of the first - mentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during that pre - pension year exceeds $10,000; or

  (f)   the amount of the first - mentioned disposition;

whichever is the lesser amount.

Note 1:   For disposes of assets see section 1123.

Note 2:   For amount of disposition see section 1124.

Note 3:   For the effect of a transaction that constitutes both a disposal of an asset and a disposal of ordinary income see section 1110.

  (2)   If:

  (a)   amounts are included under subsection (1) in the value of the other person's assets because of a disposition of an asset by the relevant person; and

  (b)   the relevant person ceases to be a family member of the other person;

any amount that was included in the value of the other person's assets because of the disposition ceases to be included in the value of those assets.

  (3)   If:

  (a)   an amount is included under subsection (1) in the value of the assets of the other person because of a disposition of an asset by the relevant person; and

  (b)   the relevant person dies;

any amount that was included in the value of those assets because of the disposition ceases to be included in the value of those assets.

1126B   Disposal of assets in pension year--family members

  (1)   Subject to this section, if:

  (a)   a person (the relevant person ) has disposed of an asset during a pension year of another person (the other person ) of whom the relevant person is a family member; and

  (b)   the other person is receiving youth allowance; and

  (c)   the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during that pension year, exceeds $10,000;

then, for the purposes of this Act, there is to be included in the value of the other person's assets for the period of 5 years that starts on the day on which the disposition took place:

  (d)   the amount by which the sum of the amount of the first - mentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during the pension year exceeds $10,000; or

  (e)   the amount of the first - mentioned disposition;

whichever is the lesser amount.

Note 1:   For disposes of assets see section 1123.

Note 2:   For amount of disposition see section 1124.

Note 3:   For the effect of a transaction that constitutes both a disposal of an asset and a disposal of ordinary income see section 1110.

  (2)   If:

  (a)   amounts are included under subsection (1) in the value of the other person's assets because of a disposition of an asset by the relevant person; and

  (b)   the relevant person ceases to be a family member of the other person;

any amount that was included in the value of the other person's assets because of the disposition ceases to be included in the value of those assets.

  (3)   If:

  (a)   an amount is included under subsection (1) in the value of the assets of the other person because of a disposition of an asset by the relevant person; and

  (b)   the relevant person dies;

any amount that was included in the value of those assets because of the disposition ceases to be included in the value of those assets.

25   Section 1127

Repeal the section, substitute:

1127   Disposition more than 5 years old to be disregarded

    This Division does not apply to a disposition of an asset that took place:

  (a)   more than 5 years before the time when:

  (i)   the person who disposed of the asset; or

  (ii)   if that person was, at the time when the disposition took place, a member of a couple--the person's partner; or

  (iii)   if that person was, at that time, a family member of another person who is receiving or claiming youth allowance and is not independent--the other person;

    became qualified for a social security pension, a social security benefit or family allowance; or

  (b)   less than 5 years before the time referred to in paragraph (a) and before the time when the Secretary is satisfied that the person who disposed of the asset could reasonably have expected that the person, the person's partner or the other person, as the case may be, would become qualified for such a pension, benefit or allowance.

26   Section 1128

Repeal the section.

27   Section 1198A

Repeal the section.

28   Section 1198B

Repeal the section, substitute:

1198B   Adjustment of disability support pension (under 21) MBRs

    This Act (and any other Act that refers to this Act) have effect as if, on 1 January each year, the amount worked out by applying the formula:

to an amount identified in column 2 of an item in the following table were substituted for the amount identified in column 3 of the item.

29   Subsections 1223(3) and (4)

Repeal the subsections, substitute:

  (3)   Subject to subsection (4), if:

  (a)   an amount (the received amount ) has been paid to a person by way of youth allowance or family allowance; and

  (b)   either of the following subparagraphs applies:

  (i)   the person's rate of youth allowance is recalculated under section 565F (underestimate of combined parental income or of actual means of family) or 565G (increase in combined parental income);

  (ii)   the person's rate of family allowance is recalculated under section 884 (amendment of assessable income), 885 (underestimate of income) or 886 (failure to notify notifiable event);

  (c)   the received amount exceeds the amount (the correct amount ) of the youth allowance or family allowance, as the case may be, payable to the person;

the excess is a debt due to the Commonwealth.

Note:   For the date of effect of a determination made to take account of an amendment of assessable income, see section 890.

  (4)   If:

  (a)   youth allowance or family allowance is paid to a person in a tax year; and

  (b)   an amount of youth allowance or family allowance is recoverable under subsection (3) from the person; and

  (c)   apart from this subsection the amount would be recoverable before the end of the tax year;

the following paragraphs have effect:

  (d)   if the amount is an amount of youth allowance--it is recoverable only after the end of the tax year;

  (e)   if the amount is an amount of family allowance that is recoverable because of:

  (i)   an increase in the person's income; or

  (ii)   an underestimate of the person's income;

    it is recoverable only after the end of the tax year.

Part 2 -- Amendments commencing on 1 July 1998

Social Security Act 1991

30   Section 3 (index of definitions)

Omit:

31   Subsection 5(1) (definition of homeless person )

Before "means", insert ", in Part 3.4A (Pension Rate Calculator D) and Part 3.4B (Pension Rate Calculator E),".

32   Subsection 5(1) definition of independent young person )

Before "means", insert ", in Part 3.4A (Pension Rate Calculator D) and Part 3.4B (Pension Rate Calculator E),".

33   Subsection 5(1) (subparagraph (b)(ii) of the definition of parent )

Omit "paragraph (a)", substitute "subparagraph (b)(i)".

34   Subsection 5(1) (paragraphs (b) and (c) of the definition of prescribed educational scheme )

Repeal the paragraphs, substitute:

  (b)   the ABSTUDY Scheme; or

35   Subsection 5(1) (definition of receiving full - time education at a school, college or university )

Repeal the definition.

36   Paragraph 540A(1)(a)

Repeal the paragraph.

37   Subsection 543A(2)

Repeal the subsection, substitute:

  (2)   A person who satisfies paragraph (1)(a) or (b) but is not yet 18 years old is not taken under subsection (1) to have attained the minimum age for youth allowance unless the person:

  (a)   has completed the final year of secondary school, or an equivalent level of education; or

  (b)   is undertaking full - time study; or

  (c)   has agreed to enter into a Youth Allowance activity agreement.

38   Paragraph 550A(a)

After "fails", insert ", without reasonable excuse,".

39   Paragraph 552A(1)(a)

Omit "Tertiary".

40   Paragraph 552A(2)(b)

Repeal the paragraph, substitute:

  (b)   an application is made for a payment in respect of the person under the ABSTUDY Scheme; and

41   Paragraph 569D(4)(c)

Omit "Australian Psychological Society", substitute "Board established under the law of a State or Territory that registers psychologists".

42   Paragraph 576A(a)

After "fails", insert ", without reasonable excuse,".

43   Paragraph 578A(1)(a)

Omit "Tertiary".

44   Paragraph 578A(2)(b)

Repeal the paragraph, substitute:

  (b)   an application is made for a payment in respect of the person under the ABSTUDY Scheme; and

45   Paragraph 614(4)(a)

Omit "Tertiary".

46   Paragraph 614(6)(c)

Repeal the paragraph, substitute:

  (c)   an application is made for a payment in respect of the person under the ABSTUDY Scheme; and

47   Subparagraph 737(1)(b)(i)

Omit "18", substitute "16".

48   Subparagraph 738(1)(b)(i)

Omit "18", substitute "16".

49   Section 833

Repeal the section, substitute:

833   FA child--child over 16

  (1)   Subject to subsection (2), a person who has reached the age of 16 years cannot be an FA child.

  (2)   A person who has reached the age of 16 years and is undertaking full - time study in a secondary course within the meaning of section 541B may be an FA child until:

  (a)   the end of the calendar year in which the person reaches the age of 18 years; or

  (b)   the person ceases to undertake that full - time study;

whichever first happens.

Note:   For undertaking full - time study see section 541B.

50   After subsection 887(5B)

Insert:

  (5C)   If:

  (a)   a person (the youth allowance claimant ) makes a claim for youth allowance (the initial claim ); and

  (b)   on the day on which the initial claim is made, the youth allowance claimant is an FA child of another person; and

  (c)   the other person afterwards requests that his or her rate of family allowance be increased on the ground that the youth allowance claimant is an FA child of the other person; and

  (d)   a favourable determination is made as a result of the request; and

  (e)   the Secretary is satisfied that it is reasonable for this subsection to apply to the other person;

the determination takes effect on a day specified in the determination (not being a day before the day on which the initial claim was made).

51   Subparagraph 1067A(9)(a)(iii)

Repeal the subparagraph, substitute:

  (iii)   because the parent or parents are unable to provide the person with a suitable home owing to a lack of stable accommodation; and

52   Paragraph 1067A(10)(c)

Repeal the paragraph, substitute:

  (c)   a period or periods of employment over an 18 month period since the person last left secondary school, earning the person at least the equivalent of 75% of the maximum Commonwealth training award payment that applied at the start of the period of the employment.

53   Paragraph 1067F(1)(d)

Omit "out of the preceding 39 weeks", substitute "weeks out of the period of 39 weeks that ended when the person commenced to undertake the full - time study referred to in paragraph (c)".

54   Point 1067G - F3

Omit "gets" (wherever occurring), substitute "is receiving".

55   Paragraph 1067G - F8(d)

Omit "for that tax year" (first occurring).

56   Section 1067G (table in Module L of the Youth Allowance Rate Calculator)

Omit "gets" (wherever occurring), substitute "is receiving".

57   Section 1067G (at the end of the table in Module L of the Youth Allowance Rate Calculator)

Add:

58   Paragraph 1067K(1)(d)

Omit "out of the preceding 39 weeks", substitute "weeks in the period of 39 weeks that ended when the person commenced to undertake the study referred to in paragraph (c)".

59   Paragraphs 1068(1)(a) and (b)

Repeal the paragraphs, substitute:

  (a)   newstart allowance; or

  (b)   sickness allowance; or

60   Point 1068 - B1 (table items 1 and 2)

Repeal the items.

61   Point 1068 - B1 (table item 3, paragraph (b) of column 2)

Omit "has turned 21 but".

62   Point 1068 - B1 (table item 4A, paragraph (b) of column 2)

Omit "has turned 21 but".

63   Point 1068 - B1 (table item 6)

Repeal the item.

64   Point 1068 - B1 (table item 7)

Omit "and person has turned 21".

65   Point 1068 - B1 (table item 8)

Repeal the item.

66   Point 1068 - B1 (table item 9)

Omit "and person has turned 21".

67   Point 1068 - B1 (table item 10)

Repeal the item.

68   Point 1068 - B1 (table item 11)

Omit "and person has turned 21".

69   Paragraph 1068 - D2(a)

Repeal the paragraph.

70   Subsection 1132A(1BB) (subparagraph (a)(ii) of the definition of FA child )

After "receiving", insert "youth allowance or".

71   Subparagraph 1157E(1)(c)(ii)

Omit "or a sickness allowance", substitute ", a sickness allowance or a youth allowance".

72   Subparagraph 1157F(1)(c)(iv)

Omit "or a sickness allowance", substitute ", a sickness allowance or a youth allowance".

73   Section 1169

Repeal the section, substitute:

1169   Rate reduction under income/assets/parental income/family actual means tests and this Part

    If:

  (a)   the rate of a person's compensation affected payment is to be reduced under this Part; and

  (b)   the person's rate is reduced under the ordinary income test Module, or the assets test Module, of a Rate Calculator or under the parental income test in Module F, or the family actual means test in Module G, of the Youth Allowance Rate Calculator;

the reduction under this Part is to apply to the person's rate as reduced as referred to in paragraph (b).

74   Section 1190 (table item 3B, column 4)

Omit "--Table BB--column 3--all amounts".

75   Section 1190 (table item 41, column 2)

Omit "ordinary".

76   Subsection 1191(1) (after table item 21)

Insert:

77   Subsection 1191(1) (table item 30, column 2)

After "parental", insert "income".

78   Subsection 1192(6)

Repeal the subsection.

79   Paragraph 1236(1B)(a)

Omit "from a person's youth training allowance".

80   Clause 109 of Schedule 1A (the clause 109 inserted by item 14 of Schedule 2 to the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 )

Renumber as clause 109A.

81   Subclause 111A(2) of Schedule 1A

Omit "AUSTUDY age", substitute "austudy age".

Part 3 -- Amendment commencing on 20 September 1998

Social Security Act 1991

82   Clause 110 of Schedule 1A (the clause 110 inserted by item 43 of Schedule 3 to the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 )

Renumber as clause 120A.

Part 4 -- Amendments commencing on 1 January 1999

Social Security Act 1991

83   Subsection 543A(2)

Omit "A person", substitute "Subject to subsections (2A) and (2B), a person".

84   Paragraphs 543A(2)(ba) and (c)

Repeal the paragraphs, substitute:

  (c)   the person has agreed to enter into a Youth Allowance activity agreement.

85   Subsection 543A(2A)

Omit all the words before paragraph (a), substitute:

  (2A)   Subject to subsection (2B), subsection (2) does not apply to the person if the Secretary considers that the person does not have the capacity to undertake full - time study or training because he or she:

86   Subsection 543A(2B)

Repeal the subsection, substitute:

  (2B)   If the following circumstances exist in relation to the person in respect of a period (the qualifying period ):

  (a)   except for paragraph 540(b), the person would be qualified for a youth allowance in respect of the qualifying period;

  (b)   the person is taken to have attained the minimum age for youth allowance in respect of the qualifying period only because one or more of the grounds (the precluding grounds ) referred to in subsection (2A) preclude subsection (2) from applying to the person;

the person is qualified for youth allowance under section 540 only in respect of so much of the qualifying period as does not exceed:

  (c)   if the only precluding ground is the ground referred to in paragraph (2A)(c) or (d)--6 weeks; or

  (d)   if the only precluding ground is the ground referred to in paragraph (2A)(h) or (j)--2 weeks; or

  (e)   if the only precluding ground is the ground referred to in paragraph (2A)(l)--the period for which the work, education or training lasts; or

  (f)   if the only precluding grounds are 2 or more of the grounds referred to in paragraphs (2A)(c), (d), (h), (j) and (l)--the longer or longest period prescribed by paragraphs (c), (d) and (e) of this subsection in relation to those precluding grounds; or

  (g)   otherwise--13 weeks or such longer period as the Secretary approves.

Part 5 -- Amendment commencing on 1 July 1999

Social Security Act 1991

87   Section 584A

Repeal the section, substitute:

584A   Payment by instalments

  (1)   Austudy payment is to be paid:

  (a)   in arrears; and

  (b)   by instalments relating to such periods (not exceeding 14 days) as the Secretary determines.

  (2)   Instalments of austudy payment are to be paid at such times as the Secretary determines.

  (3)   The amount that is to be paid to a person as an instalment of austudy payment in relation to a period is the total of the amounts of austudy payment (calculated by reference to the daily rate of payment applicable to each day) payable to the person for the days in that period on which austudy payment was payable to the person.

  (4)   Each of the periods determined by the Secretary under subsection (1) is an instalment period in relation to austudy payment.

Part 6 -- Amendments commencing on 1 January 2000

Social Security Act 1991

88   After paragraph 552A(1)(d)

Insert:

  (da)   the scheme known as the Ready Reserve Education Assistance Scheme; and

89   After paragraph 578A(1)(d)

Insert:

  (da)   the scheme known as the Ready Reserve Education Assistance Scheme; and