Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 1061PJ

Payments attracting pensioner education supplement

General

             (1)  A person is receiving a payment attracting pensioner education supplement if the person is receiving:

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

                     (b)  a payment under the Veterans' Entitlements Act set out in subsection (3); or

                     (c)  in the case of a person who has a dependent child--compensation under the Military Rehabilitation and Compensation Act set out in subsection (4).

Payments under this Act

             (2)  The payments under this Act are the following:

                     (a)  a disability support pension;

                     (b)  in the case of a person whose partner is receiving a disability support pension--a wife pension;

                     (c)  a carer payment;

                     (d)  a pension (PP) single;

                   (da)  subject to subsection (2A), a youth allowance;

                   (db)  subject to subsection (2B), a newstart allowance;

                   (dc)  subject to subsection (2D), a benefit PP (partnered);

                     (e)  a widow B pension;

                      (f)  a widow allowance;

                     (g)  in the case of a person who is a sole parent--a special benefit.

          (2A)  Paragraph (2)(da) only applies if:

                     (a)  the person receiving the payment:

                              (i)  has a partial capacity to work; and

                             (ii)  on the day (being a day occurring on or after 1 July 2006) immediately before the person first qualified for a youth allowance, was a transitional DSP applicant and was receiving a disability support pension; and

                            (iii)  ceased to be qualified for that disability support pension because he or she no longer had a continuing inability to work within the meaning of section 94; and

                          (iiia)  ceased to be so qualified as a result of the first decision about the person's capacity to work made on or after 1 July 2006; and

                            (iv)  on the day immediately before ceasing to be qualified for that disability support pension, was qualified for a pensioner education supplement in relation to a particular course of education or study; or

                     (b)  the person receiving the payment:

                              (i)  is the principal carer of at least one child and is not a member of a couple; and

                             (ii)  on the day (being a day occurring on or after 1 July 2006) immediately before the person last qualified for a youth allowance, was qualified for parenting payment and was receiving a pension (PP) single; and

                            (iii)  ceased to be qualified for that parenting payment because he or she no longer had a PP child for the reason that his or her youngest dependent child had turned 8; and

                            (iv)  on the day immediately before ceasing to be qualified for that parenting payment, was qualified for a pensioner education supplement in relation to a particular course of education or study;

and the person has:

                     (c)  at all times since that day, been qualified both for:

                              (i)  a youth allowance; and

                             (ii)  a pensioner education supplement in relation to that particular course of education or study; and

                     (d)  at no time since that day, either undertaken full-time study or been a new apprentice.

Note 1:       For partial capacity to work see section 16B.

Note 2:       For transitional DSP applicant see subsection 23(1).

Note 3:       For principal carer see subsections 5(15) to (24). See also subsection (2C) of this section.

Note 4:       For undertaking full-time study see section 541B.

Note 5:       For new apprentice see subsection 23(1).

          (2B)  Paragraph (2)(db) only applies if subsection (2BA) or (2BB) applies.

       (2BA)  This subsection applies if the person receiving the payment:

                     (a)  has a partial capacity to work; and

                     (b)  on the day (the relevant day ) (being a day occurring on or after 1 July 2006) immediately before the person first qualified for a newstart allowance, was a transitional DSP applicant and was:

                              (i)  receiving a disability support pension; or

                             (ii)  receiving a youth allowance in respect of which subsection (2A) applied; and

                     (c)  if he or she was receiving a disability support pension--ceased to be qualified for it because he or she no longer had a continuing inability to work within the meaning of section 94; and

                     (d)  if he or she was receiving a disability support pension--ceased to be so qualified as a result of the first decision about the person's capacity to work made on or after 1 July 2006; and

                     (e)  was, on the relevant day, qualified for a pensioner education supplement in relation to a particular course of education or study; and

                      (f)  at all times since the relevant day, has been qualified both for:

                              (i)  a newstart allowance; and

                             (ii)  a pensioner education supplement in relation to that particular course of education or study.

Note 1:       For partial capacity to work see section 16B.

Note 2:       For transitional DSP applicant see subsection 23(1).

        (2BB)  This subsection applies if the person receiving the payment is the principal carer of at least one child and is not a member of a couple.

Note:          For principal carer see subsections 5(15) to (24). See also subsection (2C) of this section.

          (2C)  If a person is the principal carer of a child who dies, the person is taken, for the purposes of subparagraph (2A)(b)(i) and subsection (2BB), to continue to be the principal carer of the child during the period of 14 weeks that starts on the day of the child's death.

          (2D)  Paragraph (2)(dc) only applies if the person receiving the payment:

                     (a)  has a partial capacity to work; and

                     (b)  on the day (the relevant day ) (being a day occurring on or after 1 July 2006) immediately before the person first qualified for parenting payment, was a transitional DSP applicant and was:

                              (i)  receiving a disability support pension; or

                             (ii)  receiving a youth allowance in respect of which subsection (2A) applied; or

                            (iii)  receiving a newstart allowance in respect of which subsection (2B) applied; and

                     (c)  if he or she was receiving a disability support pension -- ceased to be qualified for it because he or she no longer had a continuing inability to work within the meaning of section 94; and

                     (d)  if he or she was receiving a disability support pension -- ceased to be so qualified as a result of the first decision about the person's capacity to work made on or after 1 July 2006; and

                     (e)  was, on the relevant day, qualified for a pensioner education supplement in relation to a particular course of education or study; and

                      (f)  at all times since the relevant day, has been a member of a couple; and

                     (g)  at all times since the relevant day, has been qualified both for:

                              (i)  parenting payment; and

                             (ii)  a pensioner education supplement in relation to that particular course of education or study.

Note 1:       For partial capacity to work see section 16B.

Note 2:       For transitional DSP applicant see subsection 23(1).

Payments under the Veterans' Entitlements Act

             (3)  The payments under the Veterans' Entitlements Act are the following:

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

                     (b)  an invalidity service pension;

                   (ba)  income support supplement;

                   (bb)  a veteran payment;

                     (c)  in the case of a person whose partner is receiving an invalidity service pension--a partner service pension;

                     (d)  a carer service pension;

                     (e)  in the case of a person who has a dependent child--a pension under Part IV of that Act.

Compensation under the Military Rehabilitation and Compensation Act

             (4)  For a person who has a dependent child, the compensation under the Military Rehabilitation and Compensation Act is the following:

                     (a)  compensation for permanent impairment paid as a weekly amount under section 68, 71 or 75 of the Military Rehabilitation and Compensation Act;

                     (b)  a Special Rate Disability Pension under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act;

                     (c)  the weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act (including a reduced weekly amount because of a choice under section 236 of that Act).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback