Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1061ZAAA

  (1)   A person is qualified for fares allowance for a journey by the person if:

  (a)   during a period (the relevant period ) that is the whole or a part of a study year the person undertakes an approved tertiary course (the approved course ) at an educational institution in Australia (the relevant educational institution ); and

  (b)   during the relevant period the person is receiving one or more of the following forms of financial assistance:

  (i)   youth allowance because the person is undertaking full - time study;

  (ii)   youth allowance where the only term of the relevant employment pathway plan is a term to the effect that the person has to undertake an approved course of education or study under subsection   541B(5);

  (iii)   austudy payment;

  (iv)   pensioner education supplement; and

  (c)   during the relevant period the person's permanent home is in Australia; and

  (d)   either:

  (i)   subsection   (2) or (3) applies in respect of the person for the study year; or

  (ii)   subsection   (4) or (5) applies in respect of the person in relation to the journey; and

  (e)   either section   1061ZAAB or 1061ZAAC applies in respect of the journey; and

  (f)   the journey has been made or, if it has not been made, the Secretary is satisfied that:

  (i)   the person intends to make the journey; and

  (ii)   the person's means of travel for the journey will be provided by a commercial operator.

Note:   A person is taken to be receiving a form of financial assistance referred to in paragraph   (b) even though the person has traded in, or traded back, the assistance to obtain a financial supplement.

  (2)   This subsection applies in respect of the person for the study year if, during the relevant period, the person:

  (a)   has a partner, or a dependent child, living at the person's permanent home; and

  (b)   is required to live away from his or her permanent home in order to undertake the approved course.

  (3)   This subsection applies in respect of the person for the study year if, during the relevant period, the person is enrolled as an external student for the approved course.

  (4)   This subsection applies in respect of the person in relation to the journey if:

  (a)   during the relevant period, the person:

  (i)   is receiving youth allowance as referred to in subparagraph   (1)(b)(i) or (ii); and

  (ii)   is required to live away from home within the meaning of Part   3.5 (see section   1067D); and

  (b)   the person is not independent when the journey is made.

  (5)   This subsection applies in respect of the person in relation to the journey if:

  (a)   during the relevant period, the person:

  (i)   is receiving youth allowance as referred to in subparagraph   (1)(b)(i) or (ii); and

  (ii)   is required to live away from home within the meaning of Part   3.5 (see section   1067D); and

  (b)   during the study year and before the journey was made the person became independent because of subsection   1067A(4), (10) or (14); and

  (c)   if the journey had been made in the study year before the person became independent, subsection   (4) would have applied in respect of the person in relation to the journey.

Note:   A person is not qualified for a fares allowance in respect of a journey made before the commencement of this section (see clause   126 of Schedule   1A).