Commonwealth Consolidated Acts

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

SOCIAL SECURITY ACT 1991 - SECT 542A

Temporary incapacity exemption

General

  (1)   Subject to subsection   (2) of this section and sections   542B and 542C, a person has a temporary incapacity exemption if:

  (a)   throughout the period the person does not have the capacity to undertake the course of education in respect of which the person is undertaking full - time study because of sickness or an accident; and

  (b)   the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and

  (c)   the incapacity is, or is likely to be, of a temporary nature; and

  (d)   the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:

  (i)   the medical practitioner's diagnosis; and

  (ii)   the medical practitioner's prognosis; and

  (iii)   that the person is incapacitated for study; and

  (iv)   the period for which the person is incapacitated for study; and

  (e)   the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from undertaking full - time study.

  (1AA)   Subsection   (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person's dependence on alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full - time study.

  (1A)   The Secretary must comply with the guidelines (if any) determined and in force under subsection   (1B) in deciding whether paragraph   (1)(b) or (c) applies to a person in respect of a period.

  (1B)   The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection   (1A).

Claimants for disability support pension

  (2)   This section does not apply to a person who is qualified for a youth allowance under section   540A.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback