(1) A person is qualified for sickness allowance in respect of a period if:
(a) the person is incapacitated for work or study throughout the period 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
(ca) one of the following applies:
(i) immediately before the incapacity occurred the person was in employment (whether the person was self-employed, or was employed by another person, on a full-time, part-time, casual or temporary basis) and the Secretary is satisfied that, when the incapacity ends, the employment will be again available to the person (whether or not the same kind of work will be available);
(ii) immediately before the incapacity occurred the person was in full-time education and was receiving payments under the ABSTUDY scheme and the Secretary is satisfied that the person is committed to resuming full-time study under that scheme when the incapacity ends;
(iii) immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends; and
(e) before the period begins the person has turned 22; and
(f) before the period ends the person has not turned, or is not likely to turn, pension age; and
(g) throughout the period, the person:
(i) is an Australian resident; or
(ii) is exempt from the residence requirement within the meaning of subsection 7(7).
Note 1: See section 677 for the circumstances in which sickness allowance is not payable to a person even though the person is qualified for the allowance.
Note 3: For pension age see section 23.
(2) In this section:
"work" , in relation to a person, means work that the person has contracted to perform under a contract of employment that:
(a) the person had immediately before the person becomes incapacitated; and
(b) continues after the person becomes incapacitated.
Person not qualified in certain circumstances
(9) A person is not qualified for sickness allowance in respect of an incapacity if the Secretary is satisfied that the incapacity is brought about with a view to obtaining youth allowance, austudy payment, jobseeker payment, youth training allowance, sickness allowance or disability support pension.