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SOCIAL SECURITY ACT 1991 - SECT 550

Youth allowance participation failures

Meaning of youth participation failure

             (1)  A person commits a youth allowance participation failure if the person:

                     (a)  fails to comply with a requirement:

                              (i)  that was notified to the person under subsection 63(2) or (4) of the Administration Act; and

                             (ii)  that was reasonable; and

                            (iii)  the notification of which included a statement to the effect that a failure to comply with the requirement could constitute a youth allowance participation failure; or

                     (b)  fails to satisfy the activity test; or

                     (k)  fails to comply with a requirement to undertake another activity referred to in paragraph 550B(1)(b).

Reasonable excuse

             (2)  Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if the person satisfies the Secretary that the person had a reasonable excuse for the failure.

          (2A)  The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing a youth allowance participation failure.

          (2B)  To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the youth allowance participation failure referred to in subsection (1).

Subsequent failures in the same instalment period

             (3)  Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a youth allowance participation failure, the failure is not a youth allowance participation failure if:

                     (a)  the instalment period is the person's first instalment period for youth allowance; or

                     (b)  the instalment period is not the person's first instalment period for youth allowance, and:

                              (i)  the person did not commit a youth allowance participation failure in the immediately preceding instalment period of the person; or

                             (ii)  in respect of each youth allowance participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary notified in respect of that failure.

Failures covered by section 547AA

             (4)  Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if it results in youth allowance not being payable to the person under section 547AA.

New apprentices

             (6)  Subsection (1) does not apply to a failure if the person is a new apprentice.

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



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