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SOCIAL SECURITY ACT 1991 - SECT 540A

Qualification for youth allowance--claimants for disability support pension

General rule

             (1)  Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if:

                     (b)  throughout the period, the person is of youth allowance age (see Subdivision D); and

                     (c)  the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end of the period; and

                     (d)  the Secretary is satisfied that, throughout the period, the person suffers from a medical condition that had a significant adverse effect on the person's ability to work or study; and

                     (e)  throughout the period, the person satisfies the residency requirements that apply to the person under Subdivision F; and

                      (f)  the person satisfies any one of the conditions in subsection (2).

Conditions for qualification

             (2)  The conditions referred to in paragraph (1)(f) are:

                     (a)  a condition that the person was an Australian resident when the significant adverse effect of the medical condition on the person's ability to work or study first occurred; and

                     (b)  a condition that at the start of the period the person had 10 years qualifying Australian residence or had a qualifying residence exemption for a social security benefit or youth training allowance; and

                     (c)  a condition that:

                              (i)  the person was born outside Australia; and

                             (ii)  when the significant adverse effect of the medical condition first occurred the person was not an Australian resident but was a dependent child of an Australian resident; and

                            (iii)  the person became an Australian resident while a dependent child of an Australian resident.

Note 1:       Subdivision G provides for prospective qualification for youth allowance.

Note 2:       Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.



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