Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 738

  (1)   Subject to subsections   (2) and (3), a special benefit is not payable to a person:

  (a)   who has turned 18; or

  (b)   who satisfies both of the following:

  (i)   the person has not turned 16;

  (ii)   the person is not a SPB homeless person;

if a payment has been made or may be made in respect of the person for the same period under:

  (c)   a prescribed educational scheme other than the ABSTUDY scheme to the extent that it applies to part - time students; or

  (d)   the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or

  (e)   the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or

  (f)   the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full - time students.

Note 1:   For prescribed educational scheme see section   5.

Note 2:   For SPB homeless person see section   739.

  (2)   If:

  (a)   a person may start a course of education on a full - time basis; and

  (b)   a payment under a scheme referred to in subsection   (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection   (1), a special benefit is payable to the person for a period before the person starts the course.

  (3)   If:

  (a)   a person enrols in a full - time course of education; and

  (b)   an application is made for a payment in respect of the person under:

  (ii)   the ABSTUDY Schooling scheme; or

  (iii)   the ABSTUDY Tertiary scheme; and

  (c)   the person was receiving special benefit immediately before the start of the course;

the Secretary may decide that, in spite of subsection   (1), special benefit is payable to the person for the period of 3 weeks commencing on the day on which the course starts.