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FAMILY AND COMMUNITY SERVICES (2000 BUDGET AND RELATED MEASURES) ACT 2000 NO. 138, 2000 - SCHEDULE 1

- Amendments relating to the ABSTUDY Scheme

Social Security Act 1991

1 Paragraph 8(8)(zf)

Repeal the paragraph, substitute:

(zf)
a payment under the ABSTUDY Scheme;

2 After subsection 8(8)

Insert:

(8A) For the purposes of the operation of section 5 in determining whether a person is:

(a)
a student child; or

(b)
a dependent child of another person;

this section has effect as if paragraph (8)(zf) were not included.

3 At the end of Subdivision B of Division 1 of Part 2.2

Add:

47A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a)
a payment is made in respect of a person under the ABSTUDY Scheme; and

(b)
the payment is made on the basis that the person is a full-time student; and

(c)
in the calculation of the payment, an amount identified as living allowance (the basic payment ) is included; and

(d)
the payment relates to a period;

age pension is not payable to the person in respect of any part of the period.

(2) If:

(a)
a person is qualified for a payment under the ABSTUDY Scheme; and

(b)
the payment for which the person is qualified is a payment that:

(i)
is made on the basis that the person is a full-time student; and
(ii)
is calculated on the basis that an amount identified as living allowance (the basic payment ) is included; and
(iii)
relates to a period;
age pension is not payable to the person in respect of any part of the period.

(3) If:

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

(b)
a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), age pension is payable to the person before the person starts the course.

4 After section 103

Insert:

103A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a)
a payment is made in respect of a person under the ABSTUDY Scheme; and

(b)
the payment is made on the basis that the person is a full-time student; and

(c)
in the calculation of the payment, an amount identified as living allowance (the basic payment ) is included; and

(d)
the payment relates to a period;

disability support pension is not payable to the person in respect of any part of the period.

(2) If:

(a)
a person is qualified for a payment under the ABSTUDY Scheme; and

(b)
the payment for which the person is qualified is a payment that:

(i)
is made on the basis that the person is a full-time student; and
(ii)
is calculated on the basis that an amount identified as living allowance (the basic payment ) is included; and
(iii)
relates to a period;
disability support pension is not payable to the person in respect of any part of the period.

(3) If:

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

(b)
a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), disability support pension is payable to the person before the person starts the course.

5 At the end of Subdivision B of Division 1 of Part 2.4

Add:

151A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a)
a payment is made in respect of a person under the ABSTUDY Scheme; and

(b)
the payment is made on the basis that the person is a full-time student; and

(c)
in the calculation of the payment, an amount identified as living allowance (the basic payment ) is included; and

(d)
the payment relates to a period;

wife pension is not payable to the person in respect of any part of the period.

(2) If:

(a)
a person is qualified for a payment under the ABSTUDY Scheme; and

(b)
the payment for which the person is qualified is a payment that:

(i)
is made on the basis that the person is a full-time student; and
(ii)
is calculated on the basis that an amount identified as living allowance (the basic payment ) is included; and
(iii)
relates to a period;
wife pension is not payable to the person in respect of any part of the period.

(3) If:

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

(b)
a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), wife pension is payable to the person before the person starts the course.

6 At the end of Subdivision B of Division 1 of Part 2.5

Add:

202A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a)
a payment is made in respect of a person under the ABSTUDY Scheme; and

(b)
the payment is made on the basis that the person is a full-time student; and

(c)
in the calculation of the payment, an amount identified as living allowance (the basic payment ) is included; and

(d)
the payment relates to a period;

carer payment is not payable to the person in respect of any part of the period.

(2) If:

(a)
a person is qualified for a payment under the ABSTUDY Scheme; and

(b)
the payment for which the person is qualified is a payment that:

(i)
is made on the basis that the person is a full-time student; and
(ii)
is calculated on the basis that an amount identified as living allowance (the basic payment ) is included; and
(iii)
relates to a period;
carer payment is not payable to the person in respect of any part of the period.

(3) If:

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

(b)
a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), carer payment is payable to the person before the person starts the course.

7 At the end of Subdivision B of Division 1 of Part 2.7

Add:

321A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a)
a payment is made in respect of a person under the ABSTUDY Scheme; and

(b)
the payment is made on the basis that the person is a full-time student; and

(c)
in the calculation of the payment, an amount identified as living allowance (the basic payment ) is included; and

(d)
the payment relates to a period;

bereavement allowance is not payable to the person in respect of any part of the period.

(2) If:

(a)
a person is qualified for a payment under the ABSTUDY Scheme; and

(b)
the payment for which the person is qualified is a payment that:

(i)
is made on the basis that the person is a full-time student; and
(ii)
is calculated on the basis that an amount identified as living allowance (the basic payment ) is included; and
(iii)
relates to a period;
bereavement allowance is not payable to the person in respect of any part of the period.

(3) If:

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

(b)
a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), bereavement allowance is payable to the person before the person starts the course.

8 At the end of Subdivision B of Division 1 of Part 2.8

Add:

368A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a)
a payment is made in respect of a person under the ABSTUDY Scheme; and

(b)
the payment is made on the basis that the person is a full-time student; and

(c)
in the calculation of the payment, an amount identified as living allowance (the basic payment ) is included; and

(d)
the payment relates to a period;

widow B pension is not payable to the person in respect of any part of the period.

(2) If:

(a)
a person is qualified for a payment under the ABSTUDY Scheme; and

(b)
the payment for which the person is qualified is a payment that:

(i)
is made on the basis that the person is a full-time student; and
(ii)
is calculated on the basis that an amount identified as living allowance (the basic payment ) is included; and
(iii)
relates to a period;
widow B pension is not payable to the person in respect of any part of the period.

(3) If:

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

(b)
a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), widow B pension is payable to the person before the person starts the course.

9 Paragraph 408CF(4)(a)

Omit "Tertiary".

10 Paragraph 500V(2)(b)

Omit "Tertiary".

11 Subsection 500V(3)

Repeal the subsection.

12 After section 500V

Insert:

500VA Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a)
a payment is made in respect of a person under the ABSTUDY Scheme; and

(b)
the payment is made on the basis that the person is a full-time student; and

(c)
in the calculation of the payment, an amount identified as living allowance (the basic payment ) is included; and

(d)
the payment relates to a period;

pension PP (single) is not payable to the person in respect of any part of the period.

(2) If:

(a)
a person is qualified for a payment under the ABSTUDY Scheme; and

(b)
the payment for which the person is qualified is a payment that:

(i)
is made on the basis that the person is a full-time student; and
(ii)
is calculated on the basis that an amount identified as living allowance (the basic payment ) is included; and
(iii)
relates to a period;
pension PP (single) is not payable to the person in respect of any part of the period.

(3) If:

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

(b)
a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), pension PP
(single)
is payable to the person before the person starts the course.

13 Paragraph 552A(1)(a)

Omit "Tertiary".

14 Paragraph 578A(1)(a)

Omit "Tertiary".

15 Paragraph 614(4)(a)

Omit "Tertiary".

16 Subparagraph 660XCG(1)(a)(i)

Omit "Tertiary".

17 Paragraph 660YCG(1)(a)

Omit "Tertiary".

18 Paragraph 686(5)(a)

Omit "Tertiary".

19 Paragraph 738(1)(c)

Omit "Tertiary".

20 Subparagraph 1067G-F3(c)(i)

Repeal the subparagraph.

21 Paragraph 1068B-B2(c)

Repeal the paragraph.

22 At the end of Schedule 1A

Add:

132 Saving—ABSTUDY recipients

(1) If, immediately before 1 January 2001, a person was receiving:

(a)
a relevant pension; and

(b)
a payment under a provision of the ABSTUDY Scheme made on the basis that the person was a full-time student;

this clause applies to the person.

(2) In spite of the amendments of this Act made by Schedule 1 to the Family and Community Services (2000 Budget and Related Measures) Act 2000 :

(a)
the person does not cease to be qualified for the relevant pension by reason only of those amendments; and

(b)
if the person continues, on and after 1 January 2001, to receive the same payment under the ABSTUDY Scheme, that payment (except where it is a payment of a pensioner education supplement) is to be taken, for the purposes of this Act, to be income paid to, or on behalf of, the person.

(3) In this clause:

relevant pension means:

(a)
age pension; or

(b)
bereavement allowance; or

(c)
carer payment; or

(d)
disability support pension; or

(e)
pension PP (single); or

(f)
widow B pension; or

(g)
wife pension.


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