Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 549CA

  (1)   This section applies if a person is qualified for a youth allowance, where neither subparagraph   540(1)(a)(i) (about full - time study) nor section   540AA (about new apprentices) applies.

  (2)   Subject to subsections   (3), (5) and (6), the person is subject to an ordinary waiting period unless:

  (a)   at some time in the 13 weeks immediately before the person's start day (worked out disregarding clauses   4A and 5 of Schedule   2 to the Administration Act), the person received an income support payment; or

  (b)   the Secretary is satisfied that the person is experiencing a personal financial crisis; or

  (c)   on the day before the day the person qualified for the youth allowance mentioned in subsection   (1), the person was qualified for a youth allowance where subparagraph   540(1)(a)(i) or section   540AA applied.

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

Note 2:   For experiencing a personal financial crisis see section   19DA.

  (3)   Subsection   (2) does not apply to a person who:

  (a)   is undertaking an activity specified in an instrument made under subsection   (4); and

  (b)   has been exempted from the application of subsection   (2) by the Secretary.

  (4)   The Secretary may, by legislative instrument, specify activities for the purpose of paragraph   (3)(a).

  (5)   Subsection   (2) does not apply to a person if:

  (a)   the person makes a claim for youth allowance on or after the commencement of this subsection; and

  (b)   the person makes the claim after the death of the person's partner on or after the commencement of this subsection; and

  (c)   if the person is a man or a woman who was not pregnant when her partner died--the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

  (d)   if the person is a woman who was pregnant when her partner died--the person makes the claim:

  (i)   in the period of 14 weeks starting on the day of the death of the partner; or

  (ii)   in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

    whichever ends later.

  (6)   If a person makes a claim for youth allowance during the period beginning on 1   April 2021 and ending at the end of 30   June 2021, then, despite subsection   (2), the person is not subject to the whole of the ordinary waiting period.