the person satisfies the activity test (see Subdivision B); and

the person is of austudy age (see Subdivision C); and

the person satisfies the residency requirements that apply to the person under Subdivision D.

a person was receiving a social security pension; and

the person claims an austudy payment within 14 days after the day on which the last instalment of the person’s pension was paid; and

the person becomes qualified for an austudy payment at some time during the 14 day period but after the first day of that period;

is employed on a full-time basis as an apprentice or trainee under an industrial instrument and has a training agreement (however described) with a training authority (by whatever name called) of a State or Territory; or

has completed a course for:

a degree of Master or Doctor at an educational institution; or

a qualification at a foreign institution that is, in the Secretary’s opinion, of the same standing as a degree of Master or Doctor at an educational institution.

is made under or recognised by a law of the Commonwealth or of a State or Territory that:

regulates the relationships between employers and employees; or

provides for the prevention or settlement of disputes between employers and employees; and

concerns the relationship between an employer and the employer’s employees, or provides for the prevention or settlement of a dispute between an employer and the employer’s employees.

the person:

is enrolled in a course of education at an educational institution; or

was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re-enrol in the course when re-enrolments in the course are next accepted; or

was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and

the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 569B); and

the person is a full-time student or a concessional study-load student in respect of that course (see sections 569C and 569D); and

the person satisfies the progress rules (see sections 569G and 569H).

in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least three quarters of the normal amount of full-time study in respect of the course for that period; or

in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least three quarters of the normal amount of full-time study in respect of the course for that period.

25% concessional study-load students; and

66% concessional study-load students.

in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least one quarter, but less than three quarters, of the normal amount of full-time study in respect of the course for that period; or

in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least one quarter, but less than three quarters, of the normal amount of full-time study in respect of the course for that period.

in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least two thirds, but less than three quarters, of the normal amount of full-time study in respect of the course for that period; or

in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least two thirds, but less than three quarters, of the normal amount of full-time study in respect of the course for that period.

an officer in the Commonwealth Rehabilitation Service has stated in writing that:

the person has a substantial physical disability; and

the person cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or

a medical practitioner specialising in psychiatry has stated in writing that:

the person has a substantial psychiatric disability; and

the person cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or

a psychologist who is registered with the Australian Psychological Society has stated in writing that the person:

is intellectually disabled; and

cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability.

the person cannot undertake the course as a full-time student because of:

the relevant educational institution’s usual requirements for the course; or

a specific direction in writing to the person from the academic registrar or an equivalent officer; or

the academic registrar (or an equivalent officer) of the relevant educational institution recommends in writing that the person undertake less than the normal amount of full-time study in respect of the course for specified academic or vocational reasons for a period not exceeding half an academic year.

(a) if the course is a designated course of study within the meaning of Chapter 4 of the Higher Education Funding Act 1988—the standard student load determined in respect of the course by the institution in question under subsection 39(2) of that Act; or

if the course is not such a designated course and the institution defines an amount of full-time study that a full-time student should typically undertake in respect of the course—the amount so defined; or

otherwise—an amount of full-time study equivalent to the average amount of full-time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.

starting on the first day of classes in a study period; and

ending on the Friday of the second week of classes in the study period;

the person is enrolled in a secondary course that is at year 12 level, or the overall level of which is at year 12 level (see subsections (3) and (4)); and

(b) the person has been a full-time student in respect of a course at that level (a previous course) in each of 2 previous years; and

none of the following circumstances apply:

the person failed a previous course because of an illness that had not been diagnosed when the person began that course;

the person failed a previous course because of other circumstances beyond the person’s control that were not apparent when the person began that course;

the person failed a previous course because English is not the person’s native language;

the person completed or discontinued a previous course within 6 months after the relevant academic year started;

each of the previous courses was undertaken more than 10 years before the present study.

in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or

in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;

in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or

in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;

if the minimum amount of time needed to complete the course as a full-time student is one year or less—that minimum amount of time; or

if the minimum amount of time needed to complete the course as a full-time student is more than 1 year and:

the student is enrolled, or intends to enrol, in a year-long subject; or

the student’s further progress in the course depends on passing a whole year’s work in the course;

in any other case—the minimum amount of time needed to complete the course as a full-time student plus half an academic year.

a person is undertaking a course as a full-time student; and

the person has previously undertaken:

part of the course; or

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

(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);

if the person has completed a course (a pre-requisite course) the completion of which is the normal requirement for admission to the course in which the person is enrolled or intends to enrol—time spent undertaking the pre-requisite course;

a failed year of study, or a failed part of a year of study, if the failure is because of:

the person’s illness; or

other circumstances beyond the person’s control;

time spent undertaking a course that has been permanently discontinued because of:

the person’s illness; or

other circumstances beyond the person’s control;

time spent undertaking a course that has been completed but which, because of the person’s illness, the person cannot use in any of the trades or profession to which the course is appropriate;

time spent undertaking a TAFE course if the normal length of the course for a full-time student is one year or less;

time spent undertaking a course more than 10 years ago, unless the course has since been completed;

time spent undertaking a course after 1973 if the course was not:

approved for the Tertiary Education Assistance Scheme; or

approved for the AUSTUDY scheme; or

an approved course for the purposes of paragraph 541B(1)(c), 569A(b) or 1061PB(1)(b) of this Act;

time spent undertaking a course at a foreign institution;

time spent undertaking a subject from which the student withdrew, if the educational institution in which the subject was undertaken did not record the withdrawal from the subject as a failure;

any time spent undertaking a course during which the person was ineligible to receive:

AUSTUDY; or

a benefit under the Tertiary Education Assistance Scheme; or

youth allowance; or

austudy payment;

a postgraduate bachelor degree course, with or without honours;

a graduate or postgraduate diploma course;

a course of practical legal training at a higher education institution;

a course of advanced education regarded by an accrediting authority as being at PG1 level;

a graduate certificate course.

a bachelor degree course (other than a postgraduate course), with or without honours;

the bachelor level component of a masters degree course with concurrent bachelor and masters level study;

a diploma course other than:

a graduate or postgraduate diploma course; or

a course for which an entry requirement is successful completion of year 10 of secondary studies; or

a TAFE course;

a Master’s qualifying course;

the Barristers or Solicitors Admission Board’s course;

a course of advanced education regarded by an accrediting authority as being at UG1 or UG2 level.

an associate degree course;

an associate diploma course;

a diploma course at a TAFE institution for which an entry requirement is successful completion of year 12 of secondary studies;

a 2-year undergraduate diploma course.

a TAFE course at a higher education institution;

a TAFE course, unless the course is in Level A, B or C.

was receiving youth allowance immediately before turning 25; and

has not yet attained the maximum age for youth allowance (see subsection 543B(2)).

is an Australian resident; and

subject to this Subdivision, is in Australia.

is absent from Australia for the purpose of undertaking part of the studies for the course of education in respect of which the person is undertaking qualifying study; or

is absent from Australia, for any other purpose, for not more than 26 weeks.

returns to Australia after having been outside Australia (whether before or after the commencement of this section) for more than 13 weeks; and

leaves Australia before the end of 13 weeks after he or she so returned to Australia;

if the value of the person’s assets exceeds the person’s assets value limit (see Subdivision B); or

before the person’s provisional commencement day (see Subdivision C); or

while the person is subject to a waiting period (see Subdivision D); or

while an activity test non-payment period applies to the person (see Subdivision E); or

while the person is subject to an administrative exclusion (see Subdivision F); or

while the person is subject to a multiple entitlement exclusion (see Subdivision G); or

while the person’s austudy payment rate would be nil.

the person is not excluded from the application of the austudy payment assets test; and

the value of the person’s assets is more than the person’s assets value limit.

a payment of pension, benefit or allowance referred to in the table at the end of this section; or

(b) a payment under Farm Household Support Act 1992.Part 5 or 6 of the

$125,750 if the person:

is not a member of a couple (see section 4); and

is a homeowner; or

$215,750 if the person:

is not a member of a couple; and

is not a homeowner; or

$178,500 if the person:

is a member of a couple; and

is a homeowner; or

$268,500 if the person:

is a member of a couple; and

is not a homeowner.

the value of the person’s assets (disregarding paragraph (b));

if the person is a member of a couple (see section 4)—the value of the assets of the person’s partner.

any benefit to which the person is entitled directly or indirectly out of the assets of a trust; and

any asset of a trust that the person can deal with directly or indirectly to his or her advantage; and

any interest in the assets of a trust which has been assigned to someone else but which the person can directly or indirectly control.

(a) an exceptional circumstances certificate referred to in Farm Household Support Act 1992 was issued in respect of a person; andsection 8A of the

the certificate has effect;

(a) a person makes a claim (initial claim) for:

a social security pension, a social security benefit (other than an austudy payment) or a service pension; or

a pension, allowance, benefit or other payment that is similar in character to an austudy payment under an Act other than this Act or under a program administered by the Commonwealth; and

on the day on which the person makes the initial claim, the person is qualified for austudy payment; and

the person afterwards makes a claim for austudy payment; and

the Secretary is satisfied that it is reasonable for this subsection to apply to the person;

is a transferee to austudy payment; and

claims austudy payment within 14 days after the transfer day;

a person receives an austudy payment; and

either:

the person is subject to an administrative exclusion because of the application of section 577C; or

an administrative breach rate reduction period under Subdivision C of Division 5 applies to the person and the person’s administrative breach reduced rate is a nil rate; and

payment of the allowance is cancelled or automatically terminated; and

the person lodges a claim for austudy payment within 14 days after the date of effect of the cancellation or automatic termination referred to in paragraph (c);

claims a disaster relief payment; and

is qualified for the payment; and

as a result of the major disaster to which the payment relates, claims austudy payment within 14 days after the day on which the person claimed the disaster relief payment;

a liquid assets test waiting period (see sections 575A, 575B and 575C);

a newly arrived resident’s waiting period (see sections 575D and 575E).

the value of a person’s liquid assets is more than the person’s maximum reserve on:

the day on which the person becomes qualified for austudy payment; or

the day on which the person claims austudy payment; and

the person is not a transferee to austudy payment;

the day on which the person becomes qualified for austudy payment; or

the day on which the person claims austudy payment;

was subject to a liquid assets test waiting period under this Part and that period has ended; or

has served a liquid assets test waiting period under another Part of this Act; or

(e) has served a liquid assets test waiting period under the Student Assistance Act 1973 as previously in force.

the person is a transferee to austudy payment; and

the person claims austudy payment within 14 days of the transfer day.

if the result obtained under subsection (2) is 13 or more whole weeks—13 weeks; or

if the result obtained under subsection (2) is fewer than 13 whole weeks—the number of whole weeks obtained under that subsection.

if the person is not a member of a couple and does not have a dependent child—$500; or

otherwise—$1,000.

any weeks after the person claimed austudy payment during which the person was not qualified for austudy payment; and

any fractions of a week.

has entered Australia on or after 4 March 1997; and

has not been an Australian resident in Australia for a period of, or periods totalling, 104 weeks.

the person has been subject to:

a newly arrived resident’s waiting period under this Act; or

(ii) a waiting period under Part 2 of the Student Assistance Act 1973 as in force immediately before 1 July 1998; or

(iii) a newly arrived resident’s waiting period under Part 8 of the Student Assistance Act 1973 as in force immediately before 1 July 1998; and

that period has ended.

the person would:

if the person had made a claim under this Act for a social security payment other than youth allowance—have been subject to a newly arrived resident’s waiting period under this Act; or

(ii) if the person had, before 1 July 1998, made a claim under the Student Assistance Act 1973—have been subject to a waiting period under Part 2 of that Act or a newly arrived resident’s waiting period under Part 8 of that Act;

the person has had:

a qualifying residence exemption for a newstart allowance or a sickness allowance under this Act; or

(ii) a qualifying residence exemption for a youth training allowance under the Student Assistance Act 1973; or

in the case of an AUSTUDY allowance recipient—the person was not subject to a waiting period.

starts on the day on which the person first entered Australia; and

ends when the person has been an Australian resident in Australia for a period of, or periods totalling, 104 weeks after that day.

(a) the person commits an activity test breach (latest breach); and

the latest breach is the third or subsequent activity test breach in the 2 years immediately before the day after the latest breach.

the person fails to satisfy the activity test (see Subdivision B of Division 1); or

the person refuses or fails, without reasonable excuse, to provide information in relation to the person’s income from remunerative work when required to do so under this Act; or

the person knowingly or recklessly provides false or misleading information in relation to the person’s income from remunerative work when required to do so under this Act.

on or before the day on which a person’s activity test non-payment period would (apart from this subsection) have started, an austudy payment ceases to be payable to the person; and

it has not ceased to be payable because of the application of an activity test non-payment period;

an activity test non-payment period applies to a person; and

(b) during the whole or a part of that period, the whole or a part of an activity test breach rate reduction period (overlap period) applies to the person.

an activity test non-payment period applies to a person; and

(b) during the whole or a part of that period, the whole or a part of a waiting period (overlap period) applies to the person.

the Secretary has requested the person under section 579F or 586:

to give the Secretary a written statement of the person’s tax file number; or

to apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and

at the end of 28 days after the request is made, the person has neither:

given the Secretary a written statement of the person’s tax file number; nor

given the Secretary an employment declaration and satisfied either subsection (2) or (3).

the employment declaration states that the person:

has a tax file number but does not know what it is; and

has asked the Commissioner of Taxation to inform him or her of the number; and

the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:

whether the person has a tax file number; and

if the person has a tax file number—the tax file number; and

the Commissioner of Taxation has not told the Secretary that the person has no tax file number.

the person’s declaration states that the person has applied for a tax file number; and

the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:

if a tax file number is issued to the person—the tax file number; or

if the application is refused—that the application has been refused; or

if the application is withdrawn—that the application has been withdrawn; and

the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and

the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and

the application for a tax file number has not been withdrawn.

the person is a member of a couple; and

the person is requested under the Secretary a written statement of the tax file number of the person’s partner; andsection 579G or 586A to give

at the end of 28 days after the request is made the person has neither:

given the Secretary a written statement of the partner’s tax file number; nor

given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3).

the partner’s declaration states that the partner:

has a tax file number but does not know what it is; and

has asked the Commissioner of Taxation to inform the partner of the partner’s tax file number; and

the person has given the Secretary a document signed by the partner that authorises the Commissioner of Taxation to tell the Secretary:

whether the partner has a tax file number; and

if the partner has a tax file number—the tax file number; and

the Commissioner of Taxation has not told the Secretary that the partner has no tax file number.

the partner’s declaration states that the partner has applied for a tax file number; and

the person has given the Secretary a document signed by the partner that authorises the Commissioner of Taxation to tell the Secretary:

if a tax file number is issued to the partner—the tax file number; or

if the application is refused—that the application has been refused; or

if the application is withdrawn—that the application has been withdrawn; and

the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and

the application for a tax file number has not been withdrawn.

the person does not know the partner’s tax file number; and

the person can obtain none of the following from the partner:

the partner’s tax file number;

a statement of the partner’s tax file number;

a declaration by the partner under subparagraph (1)(c)(ii).

a person is receiving, or has lodged a claim for, an austudy payment; and

the Secretary is of the opinion that the person should:

attend an office of the Department; or

contact the Department; or

give information to the Secretary; and

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

attend that office; or

contact that Department; or

give that information; and

the requirement is reasonable; and

the person does not comply with the requirement.

no account has been nominated for the purposes of subsection 584E(2); and

the Secretary has not given a direction under subsection 584E(4) in relation to the payment of instalments of the austudy payment to the person.

if the nomination was made within 3 months after the end of the preliminary period—on and from the first day after the end of that period; or

otherwise—on and from the day on which the nomination was made.

the person is receiving an austudy payment and another social security benefit, a social security pension or a service pension becomes payable to the person; or

a payment under a scheme referred to in section 578A has been or may be made to the person; or

an assurance of support applies to the person (see section 578B); or

the person has received, or may receive, income that is paid by a community or group from funds provided under a Commonwealth funded employment program.

a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part-time students; and

the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and

the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; and

the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students; and

a LEAP program.

a person is undertaking qualifying study in respect of a course of education that is to last for 6 months or more; and

an application is made for a payment in respect of the person under:

the ABSTUDY Schooling Scheme; or

the ABSTUDY Tertiary Scheme; and

the person was receiving an austudy payment immediately before the start of the course;

the application is determined; or

the end of the period of 3 weeks beginning on the day on which the course starts;

(a) an assurance of support is in force in respect of the person (assuree); and

the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and

it was reasonable for the assuree to accept that support.

a claim for an austudy payment is made by or on behalf of a person; and

at the time the claim is made, the claim cannot be granted because the person is not qualified for austudy payment;

at an office of the Department; or

at a place in Australia approved for the purpose by the Secretary; or

with a person in Australia approved for the purpose by the Secretary.

the Department is contacted by or on behalf of the person by telephone, or by the transmission of a message by use of facsimile or computer equipment, in relation to making a claim for:

an austudy payment; or

a disability support pension; or

a sickness allowance; or

a newstart allowance; and

on that day, the person was qualified for an austudy payment; and

the Secretary gives the person a written notice acknowledging that the Department has been contacted in relation to making the claim; and

the person lodges a claim for a pension or allowance referred to in paragraph (a) within the period allowed under this section; and

if the claim referred to in paragraph (d) is not a claim for an austudy payment—the person subsequently lodges a claim for an austudy payment; and

either:

the person gives the Secretary the notice referred to in paragraph (c) when lodging the claim referred to in paragraph (d); or

the Department has a written record that the notice referred to in paragraph (c) has been sent to the person.

within the 14 day period referred to in subsection (2); or

within the period of any extension under this subsection;

an Australian resident; and

in Australia;

if the claimant has a tax file number—to give the Secretary a written statement of the claimant’s tax file number; or

if the claimant does not have a tax file number:

to apply to the Commissioner of Taxation for a tax file number; and

to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.

the claimant has failed to satisfy the request; and

the Secretary has not exempted the claimant from having to satisfy the request.

a claimant for an austudy payment is a member of a couple; and

the claimant’s partner is in Australia;

the claimant has failed to satisfy the request; and

the Secretary has not exempted the claimant from having to satisfy the request.

the person is qualified for austudy payment; and

the allowance is payable.

the person is qualified, or is expected to be qualified, for austudy payment; and

the austudy payment would be payable, apart from the application of:

a waiting period; or

an activity test non-payment period; or

an activity test breach rate reduction period where the person’s activity test breach reduced rate is a nil rate; or

an administrative breach rate reduction period where the person’s administrative breach reduced rate is a nil rate; or

an income maintenance period within the meaning of point 1067G-H11.

(a) a decision (previous decision) is made rejecting a person’s claim for an austudy payment; and

a notice is given to the person telling the person of the making of the previous decision; and

the person applies to the Secretary under within 3 months after the notice is given, for review of the previous decision; andsection 1240,

a determination granting the claim is made as a result of the application for review;

(a) a decision (previous decision) is made rejecting a person’s claim for an austudy payment; and

a notice is given to the person telling the person of the making of the previous decision; and

the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and

a determination granting the claim is made as a result of the application for review;

(a) a decision (previous decision) is made rejecting a person’s claim for an austudy payment; and

no notice is given to the person telling the person of the making of the previous decision; and

the person applies to the Secretary under section 1240 for review of the previous decision; and

a determination granting the claim is made as a result of the application for review;

(a) a person commits an activity test breach referred to in latest breach); andsection 576A (

the latest breach is the first or second activity test breach in the 2 years immediately before the day after the latest breach.

an activity test breach rate reduction period applies to a person; and

(b) during the whole or a part of that period the whole or a part of a waiting period also applies to the person (overlap period).

if the activity test breach is the person’s first breach in the 2 year period:

if the activity test breach is the person’s second breach in the 2 year period:

the person is subject to an administrative exclusion because of the application of section 577C and an austudy payment later becomes payable to the person; or

the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 586A, 586B, 586C or 1304.

the person receives an austudy payment; and

an administrative breach rate reduction period would, apart from this subsection, apply to the person; and

the person’s administrative breach reduced rate would be a nil rate; and

payment of the austudy payment is cancelled or automatically terminated; and

the person lodges a claim for an austudy payment more than 14 days after the date of effect of the cancellation or automatic termination referred to in paragraph (d).

on or before the day on which a person’s administrative breach rate reduction period would (apart from this subsection) have started, an austudy payment ceases to be payable to the person; and

it has not ceased to be payable because of the application of an administrative breach rate reduction period;

an administrative breach rate reduction period applies to a person; and

(b) during the whole or a part of that period, the whole or a part of an activity test non-payment period also applies to the person (overlap period).

an administrative breach rate reduction period applies to a person; and

(b) during the whole or a part of that period, the whole or a part of an activity test breach rate reduction period also applies to the person (overlap period).

the rate reduction amount that relates to the activity test breach rate reduction period (see subsection 582D(1));

the rate reduction amount that relates to the administrative breach rate reduction period (see section 583G).

an administrative breach rate reduction period applies to a person; and

(b) during the whole or a part of that period the whole or a part of a waiting period also applies to the person (overlap period).

the person is qualified for the allowance; and

no provision of this Act makes the allowance not payable to the person.

an instalment of austudy payment is for a period; and

the period is less than a fortnight;

an instalment of austudy payment is for a period; and

the period consists of:

a number of whole fortnights; and

a period that is less than a fortnight;

an amount of pharmaceutical allowance is added to a person’s maximum basic rate in working out the amount of an instalment of austudy payment; and

apart from this subsection, the amount of the instalment would be less than the person’s fortnightly PA rate;

if the instalment is for a number of whole fortnights—the number of fortnights;

if the instalment is for a period of less than a fortnight—the number worked out by using the formula:

if the instalment is for a period that consists of a number of whole fortnights and a period of less than a fortnight—the number worked out by using the formula:

an austudy payment is payable to a person; and

the person dies; and

at the date of the person’s death the person had not received an amount of austudy payment payable to him or her; and

another person applies to receive the amount; and

the application is made:

within 6 months after the death; or

within a further period allowed by the Secretary in special circumstances;

to make the deductions; and

to pay the amount to be deducted to the Commissioner of Taxation.

a person has an account with a financial institution; and

instalments of austudy payment payable to the person are being paid (whether on the person’s own behalf or not) to the credit of that account; and

a court order in the nature of a garnishee order comes into force in respect of the account;

alone; or

jointly with another person; or

in common with another person.

if the person has a tax file number—to give the Secretary a written statement of the person’s tax file number; or

if the person does not have a tax file number:

to apply to the Commissioner of Taxation for a tax file number; and

to give the Secretary a written statement of the person’s tax file number after the Commissioner of Taxation has issued it.

the person has failed to satisfy the request; and

the Secretary has not exempted the person from having to satisfy the request.

an austudy payment recipient is a member of a couple; and

the recipient’s partner is in Australia;

the recipient has failed to satisfy the request; and

the Secretary has not exempted the recipient from having to satisfy the request.

a stated event or change of circumstances occurs; or

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

must be in writing; and

may be given personally or by post; and

must state how the person is to give the information to the Department; and

must state the period within which the person is to give the information to the Department; and

must state that the notice is a recipient notification notice given under this Act; and

must state the effect of failure by the person to comply with the requirement set out in the notice.

the day on which the event or change of circumstances occurs; or

the day on which the person becomes aware that the event or change of circumstances is likely to occur.

acts, omissions, matters and things outside Australia whether or not in a foreign country; and

all people irrespective of their nationality or citizenship.

must be in writing; and

may be given personally or by post; and

must state how the statement is to be given to the Department; and

must state the period within which the person is to give the statement to the Department; and

must state that the notice is a recipient statement notice given under this Act; and

must state the effect of failure by the person to comply with the requirement set out in the notice.

acts, omissions, matters and things outside Australia whether or not in a foreign country; and

all people irrespective of their nationality or citizenship.

a person’s claim for an austudy payment is to be granted; or

an austudy payment is payable to a person;

the austudy payment ceases to be payable under section 588, 588A, 588B, 588C or 588D; or

a further determination in relation to the austudy payment under section 590B or 590C has taken effect.

the austudy payment becomes payable at a lower rate under section 589, 589A or 589B; or

a further determination in relation to the austudy payment under section 590 or 590A has taken effect.

one of the following becomes payable to the person:

a social security pension;

another social security benefit;

a service pension; or

a payment under ABSTUDY (other than the ABSTUDY Tertiary Scheme to the extent that it applies to part-time students) becomes payable in respect of the person;

a person who is receiving an austudy payment is given a notice under section 586B; and

(b) the notice requires the person to tell the Department of the occurrence of an event or change in circumstances within a stated period (notification period); and

the event or change in circumstances occurs; and

the person tells the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

because of the occurrence of the event or change in circumstances:

the person ceases to be qualified for the austudy payment; or

the austudy payment would, apart from this section, cease to be payable to the person; and

the austudy payment is not cancelled before the end of the notification period;

a person who is receiving an austudy payment is given a notice under section 586B; and

(b) the notice requires the person to tell the Department of the occurrence of an event or change in circumstances within a stated period (notification period); and

the event or change in circumstances occurs; and

the person does not tell the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

because of the occurrence of the event or the change in circumstances:

the person ceases to be qualified for the austudy payment; or

the austudy payment ceases to be payable to the person;

a person who is receiving an austudy payment is given a notice under section 586C requiring the person to give the Department a statement; and

the notice relates to the payment of the austudy payment in respect of a period stated in the notice; and

the person does not comply with the notice;

a person is receiving an austudy payment on the basis of data in a computer; and

the austudy payment is automatically terminated by the operation of a provision of this Act; and

the automatic termination is given effect to by the operation of a computer program approved by the Secretary stopping payment of the austudy payment;

a person is receiving an austudy payment; and

the person’s partner starts to receive:

a social security pension or social security benefit; or

a service pension; and

the person’s austudy payment rate is reduced because of the partner’s receipt of that pension or benefit;

a person who is receiving an austudy payment is given a notice under section 586B; and

(b) the notice requires the person to tell the Department of the occurrence of an event or change in circumstances within a stated period (notification period); and

the event or change in circumstances occurs; and

the person tells the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

because of the occurrence of the event or change in circumstances, the person’s rate of austudy payment is to be reduced; and

the person’s rate of austudy payment is not reduced before the end of the notification period;

a person who is receiving an austudy payment is given a notice under section 586B; and

(b) the notice requires the person to tell the Department of the occurrence of an event or change in circumstances within a stated period (notification period); and

the event or change in circumstances occurs; and

the person does not tell the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

because of the occurrence of the event or change in circumstances, the person’s rate of austudy payment is to be reduced;

a person is receiving an austudy payment on the basis of data in a computer; and

the austudy payment rate is automatically reduced by the operation of a provision of this Act; and

the automatic reduction is given effect to by the operation of a computer program approved by the Secretary reducing the rate of payment of the austudy payment;

a person who is receiving an austudy payment is given a notice under section 586C, 1304 or 1305; and

the person does not comply with the requirements set out in the notice;

payment of an austudy payment to a person is based upon data in a computer; and

the austudy payment rate is increased or reduced, or the austudy payment is cancelled or suspended, because of the operation of a computer program approved by the Secretary; and

the program causes the change for a reason for which the Secretary could determine the change;

cancels or suspends a person’s austudy payment under section 590B or 590C; and

reconsiders the decision to cancel or suspend; and

becomes satisfied that because of the decision to cancel or suspend:

the person did not receive an austudy payment that was payable to the person; or

the person is not receiving an austudy payment that is payable to the person;

(a) a decision (previous decision) is made in relation to an austudy payment; and

a notice is given to the person to whom the austudy payment is payable telling the person of the making of the previous decision; and

the person applies to the Secretary under within 3 months after the notice is given, for review of the previous decision; andsection 1240,

a favourable determination is made as a result of the application for review;

(a) a decision (previous decision) is made in relation to an austudy payment; and

a notice is given to the person to whom the austudy payment is payable telling the person of the making of the previous decision; and

the person applies to the Secretary under section 1240 more than 3 months after the notice is given, for review of the previous decision; and

a favourable determination is made as a result of the application for review;

(a) a decision (previous decision) is made in relation to an austudy payment; and

no notice is given to the person to whom the austudy payment is payable telling the person of the making of the previous decision; and

the person applies to the Secretary under section 1240 for review of the previous decision; and

a favourable determination is made as a result of the application for review;

the day on which the determination is made; or

if another day is stated in the determination—that day.

the person whose austudy payment is affected by the adverse determination has contravened a provision of this Act (other than section 586C, 1304, 1305, 1306 or 1307); and

the contravention causes a delay in making the determination;

a person has made a false statement or a misrepresentation; and

because of the false statement or misrepresentation, austudy payment has been paid to a person when it should have been cancelled or suspended;

a person has made a false statement or a misrepresentation; and

because of the false statement or misrepresentation, the rate at which austudy payment was paid to a person was more than it should have been;

an adverse determination is made in relation to a person because of point 1067L-D24 (payment of arrears of periodic compensation payments); and

an austudy payment has been paid to the person or the person’s partner when, because of the payment of arrears of periodic compensation, austudy payment should have been cancelled or suspended;

an adverse determination is made in relation to a person because of point 1067L-D24 (payment of arrears of periodic compensation payments); and

the rate at which austudy payment was paid to the person or the person’s partner was, because of the payment of arrears of periodic compensation, more than the rate at which austudy payment should have been paid;

a person is receiving an austudy payment; and

the person is a long-term social security recipient; and

the person is a member of a couple; and

the person’s partner dies; and

immediately before the partner died, the partner:

was receiving a social security pension; or

was receiving a service pension; or

was a long-term social security recipient; and

on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Division is less than the sum of:

the amount that would otherwise be payable to the person under section 592C (person’s continued rate) on that payday; and

the amount (if any) that would otherwise be payable to the person under section 592A (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

must be made by written notice to the Secretary; and

may be made after the person has been paid an amount or amounts under this Division; and

cannot be withdrawn after the Department has taken all the action required to give effect to that choice.

a person is qualified for payments under this Division in relation to the death of the person’s partner; and

the first available bereavement adjustment payday occurs before the end of the bereavement period;

the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and

the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;

a person is qualified for payments under this Division; and

the person does not elect under subsection 592(2) not to receive payments under this Division;

during the bereavement rate continuation period, the rate of austudy payment payable to the person is the rate at which the austudy payment would have been payable to the person if the person’s partner had not died;

during the bereavement lump sum period (if any), the rate at which austudy payment is payable to the person is the rate at which austudy payment would be payable to the person apart from this Division.

a person is qualified for payments under this Division in relation to the death of the person’s partner; and

the person dies within the bereavement period; and

the Secretary does not become aware of the death of the person’s partner before the person dies;

the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and

the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died;

a person is qualified for payments under this Division in relation to the death of the person’s partner; and

after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

the Secretary is not satisfied that the person has not had the benefit of that amount;

the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount is more than the amount payable to the person under this Division;

the amount payable to the person under this Division is to be reduced by the amount referred to in paragraph (b).

a person is qualified for payments under this Division in relation to the death of the person’s partner; and

the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (financial institution); and

the financial institution pays to the person, out of the account, an amount not more than the total of the amounts paid as mentioned in paragraph (b);

is not a member of a couple; and

does not have a dependent child; and

is undertaking study (whether as a full-time student or as a concessional study-load student) in respect of a course of education that the person has commenced after turning 21; and

has, for at least 26 out of the preceding 39 weeks, been receiving one or more of the following:

newstart allowance;

sickness allowance;

special benefit;

disability support pension;

wife pension;

carer payment;

bereavement allowance;

disability wage supplement;

pension PP (single);

sole parent pension;

benefit parenting allowance;

benefit PP (partnered).

is not a member of a couple; and

does not have a dependent child; and

does not have English as a first language; and

is undertaking a course in English, being a course that the Secretary has approved.

a person is living with another person as the spouse of the other person on a genuine domestic basis although not legally married to the other person; and

the other person is of the opposite sex and under the age of consent that applies in the State or Territory in which they are living;

the provisional payment rate; and

any advance payment deduction (see Part 3.16A);

if the person is not a long term income support student (see section 1067K)—use Table BA;

if the person is a long term income support student—use point 1067L-B3.

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

has a dependent child (see subsections 5(2) to (9)).

the person is in Australia; and

the person has turned 60; and

the person has been receiving income support payments in respect of a continuous period of at least 9 months (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 the commencement of this paragraph).

the person is a member of a couple; and

the person’s partner is receiving pharmaceutical allowance under the Veterans’ Entitlements Act; and

the person’s partner is not receiving a service pension.

a person’s ordinary income; and

the ordinary income of a partner of the person;

the general concept of ordinary income (sections 1072 and 1073);

business income (sections 1074 and 1075);

deemed income from financial assets (sections 1076 to 1084A);

income from income streams (sections 1096 to 1099D);

disposal of income (sections 1106 to 1112).

the amount that would be the person’s ordinary income if he or she were not a member of a couple; and

the amount that would be the ordinary income of the person’s partner if the partner were not a member of a couple.

a person’s employment has been terminated; and

as a result the person is entitled to a lump sum payment from the person’s former employer;

a person’s employment has been terminated; and

as a result the person is entitled to a lump sum leave payment from the person’s former employer; and

the person rolls over the lump sum leave payment into an approved deposit fund, a superannuation fund or a deferred annuity;

a person is employed; and

the person is on leave for a period; and

the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;

a person’s employment has been terminated; and

the person receives a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is covered by point 1067L-D6; and

the person receives more than one leave payment on a day;

(a) a person who is covered by point 1067L-D6 is subject to an income maintenance period (the first period); and

(b) the person is paid another leave payment during that period (the second leave payment);

a person receives a leave payment; and

the payment is in respect of a period of leave longer than a fortnight;

(c) dividing the amount received by the number of days in the period of leave to which the payment relates (daily rate); and

multiplying the daily rate by the number of days in the payment fortnight that are also in the period of leave.

the application of the income maintenance period to the person would cause the person severe financial hardship; and

the circumstances that would cause the severe financial hardship were not reasonably foreseeable by the person.

the payment is made to another person:

at the direction of the first person or a court; or

on behalf of the first person; or

for the benefit of the first person; or

the first person waives or assigns his or her right to receive the payment.

each part of the payment that is in respect of a different kind of leave is taken to be a separate payment; and

the income maintenance period in respect of the single payment is worked out by adding the leave periods to which the separate payments relate.

is paid to him or her in relation to remunerative work; and

is not a payment to which point 1067L-D21 applies; and

is not an exempt lump sum;

a person whose claim for austudy payment has been granted is a member of a couple; and

after the person has made the claim, the person’s partner receives a lump sum amount that:

is paid to him or her in relation to remunerative work; and

is not a payment to which point 1067L-D23 applies; and

is not an exempt lump sum;

a person receives a number of ordinary income payments; and

(b) each payment is in respect of a period (work period) that is greater than a fortnight; and

there is reasonable predicability or regularity as to the timing of the payments; and

there is reasonable predicability as to the quantum of the payments;

(e) dividing the amount received by the number of days in the work period (daily rate); and

multiplying the daily rate by the number of days in the fortnight that are also within the work period.

at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving an austudy payment; and

in relation to that entitlement, the person receives a payment of arrears of periodic compensation;

(c) dividing the amount received by the number of days in the periodic payments period (daily rate); and

multiplying the daily rate by the number of days in the fortnight that are also within the periodic payments period.

if the person’s partner is not receiving a social security benefit and has not turned 21—the amount of income of the partner (rounded up to the nearest dollar) beyond which youth allowance would not be payable to the partner if the partner were qualified for a youth allowance and were not undertaking full-time study (see section 541B); or

if the person’s partner is not receiving a social security benefit and has turned 21—the amount of income of the partner (rounded up to the nearest dollar) beyond which newstart allowance would not be payable to the partner if the partner were qualified for a newstart allowance; or

if the person’s partner is receiving a social security benefit—the amount of income of the partner (rounded up to the nearest dollar) beyond which that benefit would not be payable to the partner.

a person is a member of a couple; and

the person’s partner is not receiving a social security pension, service pension or a rehabilitation allowance; and

the partner’s ordinary income exceeds the partner income free area for the partner;

the person has a partner income excess; and

the person’s partner income excess is the amount by which the partner’s ordinary income exceeds the partner income free area.

the person has an ordinary income excess; and

the person’s ordinary income excess is the amount by which the person’s ordinary income exceeds the person’s ordinary income free area.

the person’s lower range reduction (if any) (see point 1067L-D31); and

the person’s upper range reduction (if any) (see point 1067L-D32).

her lower range reduction under point 1067L-D31 is:

there is no upper range reduction under point 1067L-D32.

whether the person’s ordinary income for a particular fortnight in respect of which austudy payment may be payable to the person, is to be reduced; and

if it is to be reduced, the amount of the reduction.

if the person has an income credit for that fortnight under point 1067L-E3—add it to the balance of the person’s income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $6,000; or

if the person has, in respect of that fortnight, drawn from the person’s income bank credit under point 1067L-E4—deduct from that balance the amount drawn, but not so as to reduce the balance below zero.

the person has an income credit for that fortnight; and

the income credit is an amount equal to the difference between $230 and the first-mentioned amount.

the person is taken to have drawn from the person’s income bank credit in respect of that fortnight; and

the amount drawn is taken to be an amount equal to the difference between the first-mentioned amount and $230.

the person’s rate of austudy payment apart from this point is greater than nil; and

the person’s usual place of residence is situated in the remote area; and

the person is physically present in the remote area.

the person’s usual place of residence is in the remote area; and

the person is physically present in the remote area.

an additional allowance is to be included in the rate of remote area allowance for a person who is a member of a couple; and

the person’s partner is not receiving a social security pension or social security benefit; and

the person’s partner has a child to whom point 1067L-F8 applies;

an additional allowance is to be included in the rate of remote area allowance for a person who is a member of a couple; and

the person’s partner has a child to whom point 1067L-F8 applies; and

the person’s partner is not receiving additional allowance for the child;

has claimed youth allowance and is not independent within the meaning of Part 3.5; or

is receiving a youth allowance and is not independent within the meaning of Part 3.5; or

is a member of a couple of which a person referred to in paragraph (b) is the other member;

the provisions of this Act referred to in the table at the end of this subsection; and

any provision of this Act that applies for the purposes of a provision mentioned in paragraph (d); and

any provision of this Act that applies for the purposes of Module E (Ordinary income test) of the Pension PP (Single) Rate Calculator in section 1068A or section 500Q (Parenting payment assets test for person not member of a couple).

youth allowance is payable to a person; and

the person is not independent (see section 1067A) and is required to live away from home (see section 1067D); and

the person is attending boarding school while living away from home;

the boarding school is taken to be the person’s principal home while the person is attending the school; and

any fees charged for attending the boarding school are taken to be payable by the person.

the person:

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

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

starting on the first day of classes in a study period; and

ending on the Friday of the second week of classes in the study period;

if the value of the person’s assets is more than the person’s asset value limit (see Subdivision AB); or

the person is not excluded from the application of the youth allowance assets test; and

the value of the person’s assets is more than the person’s assets value limit.

a payment of pension, benefit or allowance referred to in Module L; or

(b) a payment under Farm Household Support Act 1992.Part 5 or 6 of the

the person is not independent; but

in working out the rate of youth allowance payable to the person, the parental income test is not applied because of point 1067G-F3 (other than paragraph (d)).

$407,250 if the person is not independent (see section 1067A); or

$125,750 if the person:

is independent; and

is not a member of a couple (see section 4); and

is a homeowner; or

$215,750 if the person:

is independent; and

is not a member of a couple; and

is not a homeowner; or

$178,500 if the person:

is independent; and

is a member of a couple; and

is a homeowner; or

$268,500 if the person:

is independent; and

is a member of a couple; and

is not a homeowner.

the value of the person’s assets (disregarding paragraphs (b) and (c));

if the person is independent (see section 1067A) and is a member of a couple (see section 4)—the value of the assets of the person’s partner;

if the person is not independent—the value of the assets of each person who is a family member of the person.

any benefit to which the person is entitled directly or indirectly out of the assets of a trust; and

any asset of a trust that the person can deal with directly or indirectly to his or her advantage; and

any interest in the assets of a trust which has been assigned to someone else but which the person can directly or indirectly control.

(a) an exceptional circumstances certificate referred to in Farm Household Support Act 1992 was issued in respect of a person; andsection 8A of the

the certificate has effect;

the carrying on of primary production; and

the provision of professional services.

is owned by the person; or

is carried on by a partnership of which the person is a member; or

is carried on by a company of which the person is a member; or

is carried on by the trustee of a trust in which the person is a beneficiary.

cash on hand, bank deposits, bank bonds, or similar readily realisable assets;

shares in companies, or rights in relation to shares;

rights to deal in real or personal property;

assets leased out by the business, unless leasing is a major activity of the business;

assets used for private or domestic purposes by the owners of the business.

the person would:

if the person had made a claim under this Act for a social security payment other than youth allowance—have been subject to a newly arrived resident’s waiting period under this Act; or

(ii) if the person had, before 1 July 1998, made a claim under the Student Assistance Act 1973—have been subject to a waiting period under Part 2 of that Act or a newly arrived resident’s waiting period under Part 8 of that Act;

the person has had:

a qualifying residence exemption for a newstart allowance or a sickness allowance under this Act; or

(ii) a qualifying residence exemption for a youth training allowance under the Student Assistance Act 1973; or

in the case of an AUSTUDY allowance recipient—the person was not subject to a waiting period.

the person is a New Zealand citizen; and

the person became, or first became, an Australian resident before 1 July 1998; and

one of the following subparagraphs applies to the person:

when the person made the claim for youth allowance, the person had been an Australian resident for the immediately preceding 12 months or had been continuously present in Australia for the immediately preceding 6 months; or

the person was immediately before 1 July 1998 qualified for sickness allowance or youth training allowance; or

the person has previously received sickness allowance or youth training allowance.

(i) qualified for the independent living allowance under the AUSTUDY scheme, as in force immediately before the commencement of Schedule 11 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, only under AUSTUDY Regulation 68, as in force at that time; and

had not, at that time, turned 25.

does not have a dependent child; and

benefit PP (partnered).

a person’s combined parental income for the tax year following the base tax year is substantially less than it was in the base tax year and is likely to continue to be so for 2 years after the later of:

1 January in the tax year following the base tax year; or

the day on which the combined parental income is reduced; and

the total amount of the person’s loss or outgoings for that year that are or will be deductible under the Income Tax Assessment Act because they were necessarily incurred in relation to a passive business; and

the gross income from the business for that year.

the carrying on of primary production; and

the provision of professional services; and

the earning of income as a rentier;

(b) the student is undertaking full-time study in a course of study or instruction that the Employment Minister has determined, under Student Assistance Act 1973, to be a tertiary course for the purposes of that Act; andsection 5D of the

a person is employed; and

the person is on leave for a period; and

the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;

a person’s employment has been terminated; and

the person receives a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is covered by point 1067G-H12; and

the person receives more than one leave payment on a day;

is paid to him or her in relation to remunerative work; and

is not a payment to which point 1067G-H24 applies; and

is not an exempt lump sum;

a person whose claim for youth allowance has been granted is a member of a couple; and

after the person had made the claim, the person’s partner receives a lump sum amount that:

is paid to him or her in relation to remunerative work; and

is not a payment to which point 1067G-H24 applies; and

is not an exempt lump sum;

is subject to a liquid assets test waiting period or an income maintenance period in respect of the allowance claimed; or

is subject to a seasonal work preclusion period;

if the person’s partner is not receiving a social security benefit and has not turned 21—the amount of income of the partner (rounded up to the nearest dollar) beyond which youth allowance would not be payable to the partner if the partner were qualified for a youth allowance and were not undertaking full-time study (see section 541B); or

if the person’s partner is not receiving a social security benefit and has turned 21—the amount of income of the partner (rounded up to the nearest dollar) beyond which newstart allowance would not be payable to the partner if the partner were qualified for a newstart allowance; or

if the person’s partner is receiving a social security benefit—the amount of income of the partner (rounded up to the nearest dollar) beyond which that benefit would not be payable to the partner.

an activity that is included in the CSP;

an activity approved by the Secretary under the CSP;

an activity approved by the Secretary under the CSP; or

an activity test non-payment period under this Part applies to a person (or would apply to a person apart from this subsection); and

the person starts to participate in a program, course or activity described in paragraph 541(2)(b) or (c);

an activity approved by the Secretary under the CSP; or

an activity approved by the Secretary under the CSP; or

an activity test breach rate reduction period under this Part applies to a person (or would apply to a person apart from this subsection); and

the person starts to participate in a program, course or activity described in paragraph 541(2)(b) or (c);

an administrative breach rate reduction period under this Part applies to a person (or would apply to a person apart from this subsection); and

the person starts to participate in a program, course or activity described in paragraph 541(2)(b) or (c);

in relation to youth allowance—means the maximum payment rate worked out at Step 4 of the Method statement in Module A of the Youth Allowance Rate Calculator in section 1067G; or

in relation to austudy payment—means the maximum payment rate worked out at Step 3 of the Method statement in Module A of the Austudy Payment Rate Calculator in section 1067L; or

income streams (sections 1095 to 1099D);

the allowance claimed may not be payable to the person; or

the amount of the allowance payable to the person may be reduced.

the allowance claimed may not be payable to the person; or

the amount of the allowance payable to the person may be reduced.

the Wednesday that falls on 15 July 1998; and

each succeeding alternate Wednesday.

a course of education that starts:

on 1 January; or

after 1 January and before 1 April; or

on 1 July; or

after 1 July and before 1 August;

an articulated short course sequence whose first course starts:

on 1 January; or

after 1 January and before 1 April; or

on 1 July; or

after 1 July and before 1 August;

a course of education that starts:

on 1 April; or

after 1 April and before 1 July; or

after 31 July;

an articulated short course sequence whose first course starts:

on 1 April; or

after 1 April and before 1 July; or

after 31 July;

is undertaken by a person during a 12 month period; and

begins on the first day of the first course in the sequence; and

ends at the end of the last day of the last course in the sequence.

a person undertakes at least 2 short courses of education; and

the person starts the second short course and (if applicable) each subsequent short course:

within 28 days after completing the immediately preceding short course; or

within such longer period after completing the immediately preceding short course as the Secretary approves on being satisfied that this was due to circumstances beyond the person’s control; and

each of the short courses is an approved course of education or study within the meaning of paragraph 1061PB(1)(b); and

the person may, as a result of undertaking each of the short courses, receive an accreditation or an award from an educational institution for another approved course of education or study within the meaning of paragraph 1061PB(1)(b);

is undertaking qualifying study (see Subdivision B); and

is receiving a payment attracting pensioner education supplement (see Subdivision C); and

is of pensioner education supplement age (see Subdivision D); and

meets the residency requirements under Subdivision E.

the person:

is enrolled in a course of education at an educational institution; or

was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re-enrol in the course when re-enrolments in the course are next accepted; or

was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and

the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 1061PC); and

the person is a full-time student or a concessional study-load student in respect of that course (see sections 1061PD and 1061PE); and

the person satisfies the progress rules (see sections 1061PH and 1061PI).

is employed on a full-time basis as an apprentice or trainee under an industrial instrument and has a training agreement (however described) with a training authority (by whatever name called) of a State or Territory; or

has completed a course for:

a degree of Master or Doctor at an educational institution; or

a qualification at a foreign institution that is, in the Secretary’s opinion, of the same standing as a degree of Master or Doctor at an educational institution.

the person is enrolled in a course of education that is a full year course starting before 1 April in that year; and

the person starts his or her full year course before that day; and

either:

the person did not undertake full-time or part-time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or

the person did not undertake full-time or part-time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person’s illness or to other circumstances beyond the person’s control.

the person is enrolled in a course of education that is a full year course starting on or after 1 July in that year; and

the person starts his or her full year course on or after that day; and

either:

the person did not undertake full-time or part-time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or

the person did not undertake full-time or part-time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person’s illness or to other circumstances beyond the person’s control.

the person completes his or her course of education after 15 September but before 31 December in that year; and

the person’s course of education is a full year course or a late starting course.

is made under or recognised by a law of the Commonwealth or of a State or Territory that:

regulates the relationships between employers and employees; or

provides for the prevention or settlement of disputes between employers and employees; and

concerns the relationship between an employer and the employer’s employees, or provides for the prevention or settlement of a dispute between an employer and the employer’s employees.

in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least three quarters of the normal amount of full-time study in respect of the course for that period; or

in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least three quarters of the normal amount of full-time study in respect of the course for that period.

25% concessional study-load students; and

66% concessional study-load students.

in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least one quarter, but less than three quarters, of the normal amount of full-time study in respect of the course for that period; or

in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least one quarter, but less than three quarters, of the normal amount of full-time study in respect of the course for that period.

in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least two thirds, but less than three quarters, of the normal amount of full-time study in respect of the course for that period; or

in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least two thirds, but less than three quarters, of the normal amount of full-time study in respect of the course for that period.

an officer in the Commonwealth Rehabilitation Service has stated in writing that:

the person has a substantial physical disability; and

the person cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or

a medical practitioner specialising in psychiatry has stated in writing that:

the person has a substantial psychiatric disability; and

the person cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or

a psychologist who is registered with the Australian Psychologist Society has stated in writing that the person:

has an intellectual disability; and

cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or

the person is receiving:

a disability support pension, a carer payment or a pension PP (single) under this Act; or

an invalidity service pension or a carer service pension under the Veterans’ Entitlements Act; or

the person has a dependent child aged less than 16 years and:

is receiving a widow B pension under this Act; or

is a sole parent and is receiving a special benefit under this Act; or

is receiving a widow allowance under this Act; or

is receiving a pension under Part II of the Veterans’ Entitlements Act; or

is receiving pension under Part IV of the Veterans’ Entitlements Act.

the person cannot undertake the course as a full-time student because of:

the relevant educational institution’s usual requirements for the course; or

a specific direction in writing to the person from the academic registrar or an equivalent officer; or

the academic registrar (or an equivalent officer) of the relevant educational institution recommends in writing that the person undertake less than the normal amount of full-time study in respect of the course for specified academic or vocational reasons for a period not exceeding half an academic year.

(a) if the course is a designated course of study within the meaning of Chapter 4 of the Higher Education Funding Act 1988—the standard student load determined in respect of the course by the institution in question under subsection 39(2) of that Act; or

if the course is not such a designated course and the institution defines an amount of full-time study that a full-time student should typically undertake in respect of the course—the amount so defined; or

otherwise—an amount of full-time study equivalent to the average amount of full-time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.

starting on the first day of classes in a study period; and

ending on the Friday of the second week of classes in the study period;

the person is enrolled in a secondary course that is at year 12 level, or the overall level of which is at year 12 level (see subsections (3) and (4)); and

(b) the person has been a full-time student in respect of a course at that level (a previous course) in each of 2 previous years; and

none of the following circumstances apply:

the person failed a previous course because of an illness that had not been diagnosed when the person began that course;

the person failed a previous course because of other circumstances beyond the person’s control that were not apparent when the person began that course;

the person failed a previous course because English is not the person’s native language;

the person completed or discontinued a previous course within 6 months after the relevant academic year started;

each of the previous courses was undertaken more than 10 years before the present study.

in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or

in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;

in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or

in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;

if the minimum amount of time needed to complete the course as a full-time student is one year or less—that minimum amount of time; or

if the minimum amount of time needed to complete the course as a full-time student is more than 1 year and:

the student is enrolled, or intends to enrol, in a year-long subject; or

the student’s further progress in the course depends on passing a whole year’s work in the course;

in any other case—the minimum amount of time needed to complete the course as a full-time student plus half an academic year.

a person is undertaking a course as a full-time student; and

the person has previously undertaken:

part of the course; or

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

(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);

(a) if the person has completed a course (a pre-requisite course), the completion of which is the normal requirement for admission to the course in which the person is enrolled, or intends to enrol—time spent undertaking the pre-requisite course;

a failed year of study, or a failed part of a year of study, if the failure is because of:

the person’s illness; or

other circumstances beyond the person’s control;

time spent undertaking a course that has been permanently discontinued because of:

the person’s illness; or

other circumstances beyond the person’s control;

time spent undertaking a course that has been completed but which, because of the person’s illness, the person cannot use in any of the trades or profession to which the course is appropriate;

time spent undertaking a TAFE course if the normal length of the course for a full-time student is one year or less;

time spent undertaking a course more than 10 years ago, unless the course has since been completed;

time spent undertaking a course after 1973 if the course was not:

approved for the Tertiary Education Assistance Scheme; or

approved for the AUSTUDY scheme; or

an approved course for the purposes of paragraph 541B(1)(c), 569A(b) or 1061PB(1)(b) of this Act;

time spent undertaking a course at a foreign institution;

time spent undertaking a subject from which the student withdrew, if the educational institution in which the subject was undertaken did not record the withdrawal from the subject as a failure;

any time spent undertaking a course during which the person was ineligible to receive:

AUSTUDY; or

a benefit under the Tertiary Eduction Assistance Scheme; or

youth allowance; or

austudy payment;

a postgraduate bachelor degree course, with or without honours;

a graduate or postgraduate diploma course;

a course of practical legal training at a higher education institution;

a course of advanced education regarded by an accrediting authority as being at PG1 level;

a graduate certificate course.

a bachelor degree course (other than a postgraduate course), with or without honours;

the bachelor level component of a masters degree course with concurrent bachelor and masters level study;

a diploma course other than:

a graduate or postgraduate diploma course; or

a course for which an entry requirement is successful completion of year 10 of secondary studies; or

a TAFE course;

a Master’s qualifying course;

the Barristers or Solicitors Admission Board’s course;

a course of advanced education regarded by an accrediting authority as being at UG1 or UG2 level.

an associate degree course;

an associate diploma course;

a diploma course at a TAFE institution for which an entry requirement is successful completion of year 12 of secondary studies;

a 2-year undergraduate diploma course.

a TAFE course at a higher education institution;

a TAFE course, unless the course is in Level A, B or C.

a payment under this Act set out in subsection (2); or

a pension under the Veterans’ Entitlements Act set out in subsection (3).

a disability support pension;

in the case of a person whose partner is receiving a disability support pension—a wife pension;

a carer payment;

a pension (PP) single;

a widow B pension;

a widow allowance;

in the case of a person who is a sole parent—a special benefit;

a rehabilitation allowance payable under clause 35 of Schedule 1A.

in the case of a person who has a dependent child—a pension under Part II of that Act;

an invalidity service pension;

in the case of a person whose partner is receiving an invalidity service pension—a partner service pension;

a carer service pension;

in the case of a person who has a dependent child—a pension under Part IV of that Act.

is at least 16 years old; or

is independent and has reached the minimum school leaving age for the State or Territory in which the person is living.

the person has a natural or adopted child who is wholly or substantially dependent on the person or his or her partner; or

the person previously had a natural or adopted child who was wholly or substantially dependent on the person or on a person who, at the time, was the person’s partner.

serving a prison sentence of at least 10 years; or

mentally incapacitated and likely to remain so incapacitated for an indefinite period; or

living in a nursing home and likely to remain there for an indefinite period; or

missing;

is the holder, within the meaning of the Migration (1993) Regulations, of a Group 1.3 entry permit (permanent resident) (refugee and humanitarian); or

while the holder of such a permit, was granted Australian citizenship.

the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or

there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person’s parent; or

the person stopped being in a situation described in paragraph (a) or (b) only because of his or her age.

the person cannot live at the home of either or both of his or her parents:

because of extreme family breakdown or other similar exceptional circumstances; or

because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her physical or mental well-being due to violence, sexual abuse or other similar exceptional circumstances; and

the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person or from another person who is acting as the person’s guardian on a long-term basis; and

the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.

is an Australian resident; and

subject to section 1061PN, is in Australia.