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SOCIAL SECURITY ACT 1991 - SECT 19A

Fares allowance definitions

  (1)   This section has effect for the purposes of Part   2.26.

  (2)   Unless the contrary intention appears:

"approved course" has the meaning given by subsection   1061ZAAA(1).

"approved tertiary course" means a course of education or study that is determined, under section   5D of the Student Assistance Act 1973 , to be a tertiary course for the purposes of that Act.

"external student" , in relation to an approved course at a relevant educational institution, means a student enrolled for the course who is subject to a requirement, being a requirement that is a compulsory component of the course, to attend the institution for a period of time.

"independent" has the same meaning as in Parts   2.11 and 3.5 (see section   1067A).

"permanent home" has the meaning given by subsections   (3) to (6).

"public transport" does not include a taxi.

"relevant educational institution" has the meaning given by subsection   1061ZAAA(1).

"required to live away from his or her permanent home" has the meaning given by subsection   (7).

"study year" means the period in which one complete year of an approved tertiary course (as defined by this subsection) starts and finishes.

  (3)   Subject to subsection   (5), if a person is receiving youth allowance and is not independent, the person's permanent home is the home of the parent whose income components are assessed under Submodule 4 of Module F of the Youth Allowance Rate Calculator in section   1067G.

  (4)   Subject to subsection   (5), if subsection   1061ZAAA(5) applies to a person, the person's permanent home is the home of the parent whose income components were assessed, immediately before the person became independent, under Submodule 4 of Module F of the Youth Allowance Rate Calculator in section   1067G.

  (5)   If the parent uses more than one home, the person's permanent home is:

  (a)   the home that the parent uses most frequently; or

  (b)   if the parent uses more than one home for equal periods, the home that the person nominates.

  (6)   The permanent home of a person to whom none of the preceding subsections applies is the person's usual place of residence.

  (7)   A person is taken to be required to live away from his or her permanent home in order to undertake an approved tertiary course of education or study if:

  (a)   the person is not independent; and

  (b)   the person does not live at the person's permanent home; and

  (c)   the Secretary determines that the person needs to live away from the person's permanent home in order to undertake the course.


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