Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if, as at a particular day:
(a) a schooling requirement person has been given a compliance notice; and
(b) a schooling requirement payment is not payable to the person because subsection 124NE(1) applies to the person as at that day.
Note: Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice.
Suspension or cancellation of payment
(2) The Secretary must:
(a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the compliance notice--determine that the payment is to be suspended or cancelled; or
(b) in any other case--determine that the payment is to be suspended.
Payment may be suspended more than once
(3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular compliance notice.
Note: Following suspension of a schooling requirement payment, the payment may become payable again under section 124NG. Subsection (3) of this section allows for a further suspension of the payment even after the payment has become payable again.
Payment may be suspended even if not yet received
(4) The Secretary may suspend a schooling requirement person's schooling requirement payment under this section even if the person has not started to receive the payment.
Note: A compliance notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)). The claim may be granted even if subsection 124NE(1) applies to the person. However, in that event, the Secretary must suspend the payment under this section (before it has started).