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SOCIAL SECURITY ACT 1991 - SECT 592K

Circumstances in which person is not qualified for relocation scholarship payment

Previous qualification for, or receipt of, same or similar payment

             (1)  Despite section 592J, a person is not qualified for a relocation scholarship payment if 1 or more of the circumstances listed in subsection (2) apply to the person in the period of 12 months (or shorter period determined under subsection (3)) ending immediately before the person's qualification time.

             (2)  The circumstances are:

                     (a)  the person has qualified for a relocation scholarship payment; or

                     (b)  the person has qualified for a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship payment; or

                     (c)  the person has qualified for a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans' Entitlements Act; or

                     (d)  the person has qualified for a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or

                     (e)  the person has received the amount or value of a disqualifying accommodation scholarship; or

                      (f)  the person was entitled to the amount or value of a disqualifying accommodation scholarship but has not received the full entitlement only because the scholarship was suspended.

             (3)  For the purposes of subsection (1), the Secretary may determine a period in relation to a person that is at least 3 months but less than 12 months if the Secretary considers that the determination would enable the person to qualify for a relocation scholarship payment on or near 1 January in a year.

             (4)  However, the Secretary must not make a determination under subsection (3) if the effect of the determination would be to enable the person to receive more than 2 relocation scholarship payments in a period of 2 successive calendar years.

Independent but did not receive same or similar payment

             (5)  Despite section 592J, a person is not qualified for a relocation scholarship payment if:

                     (a)  at the person's qualification time, the person has attained the age at which the person is independent (see subsection 1067A(4)); and

                     (b)  before the qualification time, the person has not received any of the following:

                              (i)  a relocation scholarship payment;

                             (ii)  a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship;

                            (iii)  a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans' Entitlements Act;

                            (iv)  a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act;

                             (v)  the amount or value of a disqualifying accommodation scholarship.

Person's place of study is in a major city location

             (6)  Despite section 592J, a person is not qualified for a relocation scholarship payment if:

                     (a)  at the person's qualification time, the person is not independent (see section 1067A); and

                     (b)  at the person's qualification time, the person is required to live away from home (see section 1067D); and

                     (c)  on the day the person started to undertake the course referred to in paragraph 592J(d), the home of each parent of the person was in a major city location; and

                     (d)  at the person's qualification time, the person's place of study, worked out in accordance with an instrument in force under subsection (8), is in a major city location.

Note:          For parent see subsection 5(1) and for major city location see subsection (9).

             (7)  Despite section 592J, a person is not qualified for a relocation scholarship payment if:

                     (a)  at the person's qualification time, the person is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); and

                     (b)  on the day 6 months before the person started to undertake the course referred to in paragraph 592J(d), the person's usual place of residence was in a major city location; and

                     (c)  at the person's qualification time, the person's place of study, worked out in accordance with an instrument in force under subsection (8), is in a major city location.

Note:          For major city location see subsection (9).

             (8)  The Secretary may, by legislative instrument, make principles that must be complied with when working out a person's place of study at a particular time.

             (9)  In this section:

"major city location" means a location categorised as one of the Major Cities of Australia, under the Remoteness Structure as defined in subsection 1067A(10F).



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