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Household Stimulus Package Bill (No. 2) 2009

Schedule 2 Education entry payment

Part 1 Amendments taken to have commenced on 1 January 2009

Social Security Act 1991

1  At the end of section 665U

Add:

Reduction of qualification period during designated period

             (3)  Subsection (1) has effect during the designated period as if the reference in subparagraph (b)(ii) to 12 months were a reference to 4 weeks.

             (4)  For the purposes of subsection (3), the designated period is the period beginning on 1 January 2009 and ending at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

2  Section 665ZC

Before “A woman”, insert “(1)”.

3  At the end of section 665ZC

Add:

Reduction of qualification period during designated period

             (2)  Subsection (1) has effect during the designated period as if it were modified as follows:

                     (a)  by omitting subparagraph (b)(ii) and substituting the following subparagraph:

                             (ii)  had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and

                     (b)  by omitting Note 1 and substituting the following notes:

Note 1:       For income support payment see subsection 23(1).

Note 1A:    For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

             (3)  For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

4  Section 665ZQ

Before “A person”, insert “(1)”.

5  At the end of section 665ZQ

Add:

Reduction of qualification period during designated period

             (2)  Subsection (1) has effect during the designated period as if it were modified as follows:

                     (a)  by omitting subparagraph (b)(ii) and substituting the following subparagraph:

                             (ii)  had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and

                     (b)  by omitting Note 1 and substituting the following notes:

Note 1:       For income support payment see subsection 23(1).

Note 1A:    For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

             (3)  For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

6  Section 665ZU

Before “A person”, insert “(1)”.

7  At the end of section 665ZU

Add:

Reduction of qualification period during designated period

             (2)  Subsection (1) has effect during the designated period as if it were modified as follows:

                     (a)  by omitting subparagraph (b)(ii) and substituting the following subparagraph:

                             (ii)  had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and

                     (b)  by omitting Note 1 and substituting the following notes:

Note 1:       For income support payment see subsection 23(1).

Note 1A:    For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

             (3)  For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

8  After Division 12 of Part 2.13A

Insert:

Division 12A Recipients of youth allowance (other)

665ZX   Payment to recipient of youth allowance (other)

             (1)  A person is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that the person intends to enrol in a qualifying course; or

                             (ii)  the person is enrolled in such a course; and

                     (b)  immediately before the person commences the course, the person:

                              (i)  is receiving youth allowance; and

                             (ii)  is not undertaking full-time study and is not a new apprentice; and

                            (iii)  had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and

                     (c)  the person has not, within the last 12 months, received a payment under this Part.

Note 1:       For undertaking full-time study see section 541B.

Note 2:       For income support payment see subsection 23(1).

Note 3:       For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

             (2)  For the purposes of subparagraph (1)(a)(i), a qualifying course , in relation to a person, is:

                     (a)  a full-time course of education that is an approved course under the ABSTUDY scheme or an approved course of education or study (within the meaning of subsection 541B(5)); or

                     (b)  a course that is an activity (whether compulsory or not) provided for by a term of the person’s Youth Allowance Activity Agreement.

665ZXA   Amount of section 665ZX payment

                   The amount of an education entry payment under section 665ZX is $208.

665ZXB   Need for claim

                   A person is not qualified for an education entry payment under section 665ZX unless the person has made a claim for the payment.

665ZXC   Cessation of Division

                   This Division ceases to have effect at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

9  At the end of Part 2.13A

Add:

Division 14 Education entry payment supplement

665ZZA   Qualification for education entry payment supplement

                   A person is qualified for an education entry payment supplement under this section if the person:

                     (a)  is qualified for an education entry payment under this Part on or after 1 January 2009; or

                     (b)  is eligible for an education entry payment under Part VIIAA of the Veterans’ Entitlements Act 1986 on or after 1 January 2009.

665ZZB   Amount of education entry payment supplement

                   The amount of an education entry payment supplement under section 665ZZA is $950.

665ZZC   Separate claim not needed

                   A person is taken to have made a claim for an education entry payment supplement under section 665ZZA if the person has made a claim for an education entry payment as required by this Part or Part VIIAA of the Veterans’ Entitlements Act 1986 .

665ZZD   Education entry payment supplement taken to be part of education entry payment for purposes of social security law

             (1)  For the purposes of the social security law, an education entry payment supplement payable to a person who is qualified for the supplement because of paragraph 665ZZA(a) is taken to be part of the education entry payment payable to the person.

             (2)  Subsection (1) has effect except so far as any provision in the social security law expressly provides for or in relation to education entry payment supplement.

665ZZE   Cessation of Division

                   This Division ceases to have effect at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.



 

Part 2 Amendment commencing on 1 July 2009

Social Security Act 1991

10  Paragraph 665ZX(2)(b)

Repeal the paragraph, substitute:

                     (b)  a course that is provided for by a term (whether the term is required to be complied with or not) of the person’s Youth Allowance Employment Pathway Plan.