Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 665U

Payment to recipient

  (1)   A person is qualified for an education entry payment under this section if:

  (a)   either:

  (i)   the Secretary is satisfied that the person intends to enrol in a full - time course of education that is an approved course under the ABSTUDY scheme or an approved course of education or study for the purposes of paragraph   541B(1)(c) or 569A(b); or

  (ii)   the person is enrolled in such a course; and

  (b)   immediately before starting the course of education:

  (i)   the person is receiving a jobseeker payment; and

  (ii)   the person had been receiving income support payments in respect of a continuous period of at least 12 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this section); and

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

Note 2:   For the determination of whether a person received income support payments in respect of a continuous period of at least 12 months see section   38B.

  (c)   the person:

  (i)   ceases to be qualified for jobseeker payment because the person takes part   in the course of education; or

  (ii)   is not qualified for youth allowance as a full - time student, austudy payment or payments under the ABSTUDY scheme because the person takes part   in the course to comply with a requirement in an employment pathway plan; and

  (d)   the person has not, within the last 12 months, received a payment under this Part.

  (2)   A person is also taken to be qualified for an education entry payment under this section if:

  (a)   immediately before 20   September 1996, the person:

  (i)   was qualified for an education entry payment under section   665Q of this Act, or under this section, as in force immediately before that date; or

  (ii)   would have been so qualified if the person had, before that date, duly made a claim for the payment; and

  (b)   the person has not received the payment.

Reduction of qualification period during designated period

  (3)   Subsection   (1) has effect during the designated period as if the reference in subparagraph   (b)(ii) to 12 months were a reference to 4 weeks.

  (4)   For the purposes of subsection   (3), the designated period is the period beginning on 1   January 2009 and ending at the end of:

  (a)   30   June 2010; or

  (b)   if a later date is determined by the Minister by legislative instrument--that later date.


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