Commonwealth Numbered Acts

STUDENT AND YOUTH ASSISTANCE AMENDMENT (YOUTH TRAINING ALLOWANCE) ACT (No. 3) 1995 No. 156, 1995 - SCHEDULE 2

                              SCHEDULE 2                  Section 3

AMENDMENTS OF THE STUDENT AND YOUTH ASSISTANCE ACT 1973 TO END
TRANSFERS FROM YOUTH TRAINING ALLOWANCE TO SICKNESS ALLOWANCE 1. After
paragraph 65(1)(d): Insert:

"Note: A person who, under Subdivision BAA, is not required to satisfy the
activity test is not to be required to enter into a Youth Training Activity
Agreement (see subsection 79(1A)).". 2. Subparagraph 65(1)(g)(iii): Before
"is" insert "subject to subsection (3A),". 3. Subsection 65(2): Omit. 4.
Before subsection 65(4): Insert:

"(3B) For the purposes of subparagraph (1)(g)(iii), if:

   (a)  a person is, under Subdivision BAA, not required to satisfy the
        activity test; and

   (b)  the person is temporarily absent from Australia; and

   (c)  the person is absent in order to seek medical treatment of a kind that
        is not available in Australia; the person is taken to be in Australia
        during:

   (d)  if the period is not more than 3 months - the whole of the period; or

   (e)  if the period is more than 3 months - the first 3 months of the
        period.". 5. Section 65 (Note 10): Omit. 6. Section 66: Repeal. 7.
        Subsection 72(8): Omit "subsections (6)", substitute "subsections (6),
        (8A), (8B)". 8. After subsection 65(8): Insert:

"(8A) Subject to subsection (9), if the person:

   (a)  is not a member of a couple; and

   (b)  is, under Subdivision BAA, not required to satisfy the activity test;
        the liquid assets test waiting period in relation to the claim starts
        on the day on which the person became incapacitated.".

"(8B) Subject to subsection (9), if the person:

   (a)  is a member of a couple; and

   (b)  is, under Subdivision BAA, not required to satisfy the activity test;
        the liquid assets test waiting period in relation to the claim starts
        on the last occurring of the following days:

   (c)  the day on which the person became incapacitated for work;

   (d)  if, when the claim is made, the person's partner is unemployed - the
        day on which the person's partner became unemployed;

   (e)  if, when the claim is made, the person's partner is incapacitated for
        work - the day on which the person's partner became incapacitated for
        work.". 9. Section 74: Add at the end:

"(2) A person is qualified for youth training allowance in respect of a period
determined by the Secretary if:

   (a)  immediately before the start of the period, the person:

        (i)    was receiving youth training allowance; and

        (ii)   was incapacitated for work; and

        (iii)  was, under Subdivision BAA, not required to satisfy the
               activity test; and

   (b)  in the Secretary's opinion:

        (i)    the person will comply with the requirements of this Act during
               the period; and

        (ii)   the person may reasonably be expected to be qualified for youth
               training allowance in respect of the period; and

        (iii)  youth training allowance may reasonably be expected to be
               payable to the person in respect of the period.". 10. After
               Subdivision B of Division 2 of Part 8: Insert:

"Subdivision BAA - Exemption from activity test - people temporarily
incapacitated for work Interpretation

"78A. A reference in this Subdivision to a person being exempt from the
activity test, or ceasing to be exempt from the activity test, under, or under
a provision of, this Subdivision is a reference to a person not being required
to satisfy the activity test, or becoming required to satisfy the activity
test, as the case may be, because of the operation of, or the operation of
that provision of, this Subdivision. Incapacitated person not required to
satisfy activity test

"78B.(1) Subject to this Subdivision, a person is not required to satisfy the
activity test in respect of a period if:

   (a)  throughout the period the person is incapacitated for work because of
        sickness or an accident; and

   (b)  the incapacity is caused wholly, or virtually wholly, by a medical
        condition arising from the sickness or accident; and

   (c)  the incapacity is, or is likely to be, of a temporary nature; and

   (d)  if this Subdivision had not been enacted and paragraphs 65(1)(c), (d),
        (e) and (f) were disregarded, the person would qualify for youth
        training allowance; and

   (e)  the person has, whether before or after the commencement of this
        section, given the Secretary a certificate of a medical practitioner,
        in a form approved by the Secretary, stating:

        (i)    the medical practitioner's diagnosis; and

        (ii)   the medical practitioner's prognosis; and

        (iii)  that the person is incapacitated for work; and

        (iv)   the period for which the person is incapacitated for work; and

   (f)  the Secretary is satisfied that the incapacity has not been brought
        about with a view to obtaining an exemption from the activity test.

"(2) In this section: work, in relation to a person, means work (whether
full-time, part- time, permanent or casual) that:

   (a)  is of a kind that the person could, in the Secretary's opinion, be
        reasonably expected to do; and

   (b)  is for at least 8 hours per week at award wages or above. Person
        cannot obtain exemption from activity test in respect of same medical
        condition within 2 years

"78C.(1) Subject to subsection (2), if a person who, because of an incapacity
resulting from a medical condition, was exempt, under section 78B, from the
activity test ceases to be so exempt because of the operation of section 78F
or 78G, section 78B does not apply to the person again during the period of
104 weeks after the person ceased to be exempt.

"(2) Subsection (1) does not apply to a person:

   (a)  if the person's incapacity for work is caused by a medical condition
        that is different from, or significantly more serious than, the
        medical condition referred to in subsection (1); or

   (b)  if:

        (i)    the medical condition referred to in subsection (1) is a
               chronically relapsing condition; and

        (ii)   the person's incapacity for work is caused by a relapse of the
               condition; or

   (c)  if:

        (i)    the person is undergoing a program of counselling, treatment or
               therapy for drug or alcohol abuse; and

        (ii)   the person's participation in the program is not likely to
               extend beyond 78 weeks; and

        (iii)  the program is approved by the Secretary in writing for the
               purposes of this section; or

   (d)  if:

        (i)    the person's incapacity for work is caused by a medical
               condition (whether the same as or different from the medical
               condition referred to in subsection (1)); and

        (ii)   arrangements have been made for the person to undergo surgery
               in respect of the condition; and

        (iii)  the surgery is expected to result in the person's incapacity
               for work ceasing within 104 weeks from the date on which the
               person became exempt from the activity test in respect of the
               incapacity. Refusal to attend interview etc. may result in
               person being required to satisfy activity test

"78D.(1) A person ceases to be exempt, under this Subdivision, from the
activity test if:

   (a)  the Secretary is of the opinion that the person should:

        (i)    contact a particular officer of the Department; or

        (ii)   attend an interview at a particular place; or

        (iii)  complete a questionnaire; or

        (iv)   attend a medical, psychiatric or psychological examination; and

   (b)  the Secretary gives the person a written notice stating that the
        person is required, within a period stated in the notice, to:

        (i)    contact the officer; or

        (ii)   attend the interview; or

        (iii)  complete the questionnaire; or

        (iv)   attend the examination; or

        (v)    if the person has undergone an examination - give the Secretary
               a report on the examination in the approved form; and

   (c)  the Secretary is satisfied that it is reasonable for this section to
        apply to the person; and

   (d)  the person does not take reasonable steps to comply with the
        requirement.

"(2) A notice under paragraph (1)(b) must inform the person to whom it is
given of the effect of failure by the person to take reasonable steps to
comply with the requirement set out in the notice. Time limit for exemption
from requirement to satisfy activity test

"78E.(1) A person ceases to be exempt, under this Subdivision, from the
activity test if the person's maximum exemption period ends.

"(2) Subject to this section, a person's maximum exemption period is:

   (a)  if the person has, whether before or after the commencement of this
        section, given the Secretary a medical certificate for the purpose of
        enabling the Secretary to decide whether the person was required to
        satisfy the activity test - the lesser of the following periods:

        (i)    the period stated in the certificate as the period for which
the person would be incapacitated for work;   (ii) the period of 13
weeks that started or starts on the first day of the period so stated in the
certificate; or

   (b)  otherwise - the period of 4 weeks that started or starts on the day
        determined by the Secretary to have been the day on which the person's
        incapacity for work began.

"(3) If:

   (a)  a person is exempt, under this Subdivision, from the activity test;
        and

   (b)  the person has, whether before or after the commencement of this
        section, given the Secretary a certificate of a medical practitioner
        that states the matters listed in paragraph 78B(1)(e) and is in
        accordance with the form approved under that paragraph; and

   (c)  the Secretary is satisfied that the person's incapacity for work will
        continue after the end of the person's maximum exemption period; the
        Secretary may extend the person's maximum exemption period by a period
        that is not more than the lesser of the following periods:

   (d)  a period equal to the period stated in the certificate as the
period for which the person would be incapacitated for work;   (e) 13
weeks.

"(4) If:

   (a)  a person is exempt, under this Subdivision, from the activity test;
        and

   (b)  the person gives the Secretary written evidence (other than a
        certificate referred to in paragraph (3)(b)) that the person's
        incapacity for work will continue after the end of the person's
        maximum exemption period; and

   (c)  the Secretary is satisfied that:

        (i)    the person's circumstances make it unreasonable to expect the
               person to obtain a certificate referred to in paragraph (3)(b)
               before the end of the maximum exemption period; and

        (ii)   the person's incapacity for work will continue after the end of
               the person's maximum exemption period; the Secretary may extend
               the person's maximum exemption period by not more than 4 weeks.

"(5) If:

   (a)  a person is exempt, under this Subdivision, from the activity test;
        and

   (b)  the person has, whether before or after the commencement of this
        section, given the Secretary a certificate referred to in paragraph
        (3)(b) before the end of the person's maximum exemption period; and

   (c)  before the end of the person's maximum exemption period, the Secretary
        does not satisfy himself or herself that the person's incapacity for
        work will continue after the end of that period; and

   (d)  the sole or dominant cause of the Secretary failing so to satisfy
        himself or herself is an act or omission of an officer of the
        Department; the Secretary may extend the person's maximum exemption
        period by not more than 4 weeks. Person ceases to be exempt from
        activity test after one year

"78F. Subject to section 78G, a person ceases to be exempt, under section 78B,
from the activity test if the person has been so exempt in respect of the
immediately preceding period of 52 weeks. If Secretary makes determination,
person ceases to be exempt after 2 years

"78G.(1) The Secretary may make a determination in writing that section 78F
does not apply to a person if the Secretary is satisfied that:

   (a)  the person's incapacity for work will end during the next 52 weeks; or

   (b)  the medical condition that wholly, or virtually wholly, causes the
        person's incapacity for work at the end of the period of 52 weeks
        referred to in section 78F is different from, or significantly more
        serious than, the medical condition because of which the person was
        exempt, under section 78B, from the activity test at the beginning of
        that period of 52 weeks; or

   (c)  the person's incapacity is caused by a chronically relapsing medical
        condition; or

   (d)  all the following circumstances apply:

        (i)    the person is undergoing a program of counselling, treatment or
therapy for drug or alcohol abuse;   (ii) the person's participation in

the program is not likely to extend beyond 78 weeks;   (iii) the
program is approved by the Secretary in writing for the purposes of this
section.

"(2) If the Secretary makes a determination under subsection (1) in relation
to a person, section 78F does not apply to the person but the person ceases to
be exempt, under section 78B, from the activity test if the person has been so
exempt in respect of the immediately preceding period of 104 weeks.

"(3) For the purposes of subsection (2), a person who has not been exempt,
under section 78B, from the activity test continuously in respect of the
immediately preceding period of 104 weeks is taken to have been exempt, under
that section, from the test in respect of that period if the period, or each
period, during those 104 weeks in respect of which the person was not exempt
was less than 6 weeks.". 11. Subsection 79(1): Omit "If", substitute "Subject
to subsection (1A), if". 12. After subsection 79(1): Insert:

"(1A) A person who, under Subdivision BAA, is not required to satisfy the
activity test is not to be required to enter into a Youth Training Activity
Agreement.". 13. After paragraph 85(1)(i): Insert:

"(ia) section 92B applies to the person and the person fails to comply with a
requirement in a notice given to the person under that section; or".

14. After paragraph 89(2)(b): Insert:

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

   (bb) 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; or". 15. Subsection 91(1): Omit "subsections (2), (3), (4)
        and (5)", substitute "this section". 16. After subsection 91(1):
        Insert:

"(1A) Subject to the following provisions of this section, if a person is,
under Subdivision BAA, not required to satisfy the activity test, the person's
provisional commencement day is the day on which the person became
incapacitated for work.". 17. Subsection 91(5): Omit "If", substitute "Subject
to subsections (5A) and (5B), if". 18. After subsection 91(5): Insert:

"(5A) Subject to subsection (5B), if:

   (a)  a person is a transferee to youth training allowance; and

   (b)  the person is, under Subdivision BAA, not required to satisfy the
        activity test; and

   (c)  the person claims the youth training allowance within 4 weeks after
        the person's transfer day; the person's provisional commencement day
        is the person's transfer day.

"(5B) If:

   (a)  a person is, under Subdivision BAA, not required to satisfy the
        activity test; and

   (b)  the person is subject to an education leaver's waiting period (see
        subsection 98(1)); and

   (c)  the person became incapacitated for work while undertaking the course
        of education; the person's provisional commencement day is the last
        day on which the person was undertaking the course.". 19. Section 92:
        Add at the end (before the Notes):

"(2) This section does not apply to a person who is, under Subdivision BAA,
not required to satisfy the activity test.". Note: The heading to section 92
is replaced by "Start of youth training allowance - person subject to activity
test". 20. After section 92: Insert in Subdivision D of Division 2 of Part 8:
Start of youth training allowance - person not subject to activity test

"92A.(1) If a person who is, under Subdivision BAA, not required to satisfy
the activity test is qualified for youth training allowance, the allowance is
not payable to the person before the day worked out in accordance with the
following provisions of this section.

"(2) If the person:

   (a)  claims the allowance within 5 weeks after the day on which the person
        becomes incapacitated for work; and

   (b)  the person is not subject to a waiting period; the allowance is not
        payable to the person before the person's provisional commencement
        day. Note 1: A waiting period is:

   (a)  an unused annual leave waiting period (see sections 93 to 95); or

   (b)  an ordinary waiting period (see sections 96 and 97); or

   (c)  an education leavers waiting period (see sections 98 to 100); or

   (d)  a newly arrived resident's waiting period (see sections 101 and 102).
        Note 2: For provisional commencement day see section 91.

"(3) If the person:

   (a)  claims the allowance within 5 weeks after the day on which the person
        becomes incapacitated for work; and

   (b)  the person is subject to a waiting period; the allowance is not
        payable to the person before the first day after the end of the
        waiting period. Note 1: If the person:

   (a)  is subject to an unused annual leave waiting period; and

   (b)  is subject to an ordinary waiting period;
the ordinary waiting period will follow the unused annual leave waiting period
(see subsection 97(2)). Note 2: If the person is subject to an education
leavers waiting period and another waiting period, the education leavers
waiting period runs concurrently with the other waiting period and the youth
training allowance will not be payable until the longest waiting period has
ended. Note 3: If the person is subject to a newly arrived resident's waiting
period and another waiting period, the newly arrived resident's waiting period
runs concurrently with the other waiting period and the youth training
allowance will not be payable until the longest waiting period has ended.

"(4) If:

   (a)  the person claims the allowance more than 5 weeks after the day on
        which the person becomes incapacitated for work; and

   (b)  the Secretary is satisfied that the incapacity is the sole or dominant
        cause for the failure to claim the allowance within 5 weeks after that
        day; the allowance is not payable to the person before the day
        determined by the Secretary.

"(5) The day determined under subsection (4):

   (a)  must not be more than 4 weeks before the day on which the person
        lodges the claim for the allowance; and

   (b)  if the person is subject to a waiting period - must not be earlier
        than the first day after the end of the waiting period. Note 1: If the
        person:

   (a)  is subject to an unused annual leave waiting period; and

   (b)  is subject to an ordinary waiting period;
the ordinary waiting period will follow the unused annual leave waiting period
(see subsection 97(2)). Note 2: If the person is subject to an education
leavers waiting period and another waiting period, the education leavers
waiting period runs concurrently with the other waiting period and the youth
training allowance will not be payable until the longest waiting period has
ended. Note 3: If the person is subject to a newly arrived resident's waiting
period and another waiting period, the newly arrived resident's waiting period
runs concurrently with the other waiting period and the youth training
allowance will not be payable until the longest waiting period has ended.

"(6) If:

   (a)  the person claims the allowance more than 5 weeks after the day on
        which the person becomes incapacitated for work; and

   (b)  the Secretary is not satisfied that the incapacity is the sole or
        dominant cause of the failure to claim the allowance within 5 weeks
        after that day; the allowance is not payable to the person before the
        day on which the claim is lodged. Refusal to attend interview etc.

"92B.(1) A youth training allowance is not payable to a person who is not
required to satisfy the activity test if:

   (a)  the person is receiving a youth training allowance; and

   (b)  the Secretary is of the opinion that the person should:

        (i)    contact a particular officer of the Department; or

        (ii)   attend an interview at a particular place; or

        (iii)  complete a questionnaire; or

        (iv)   attend a medical, psychiatric or psychological examination; and

   (c)  the Secretary gives the person a written notice stating that the
        person is required, within a period stated in the notice, to:

        (i)    contact the officer; or

        (ii)   attend the interview; or

        (iii)  complete the questionnaire; or

        (iv)   attend the examination; or

        (v)    if the person has undergone an examination - give the Secretary
               a report on the examination in the approved form; and

   (d)  the Secretary is satisfied that it is reasonable for this section to
        apply to the person; and

   (e)  the person does not take reasonable steps to comply with the
        requirement.

"(2) A notice under paragraph (1)(b) must inform the person to whom it is
given of the effect of failure by the person to take reasonable steps to
comply with the requirement set out in the notice.". 21. Paragraph 99(10)(b)
Omit ", a youth training allowance or sickness allowance", substitute "or
youth training allowance". 22. Paragraph 114(1)(a): After "person" insert
"(other than a person who is not required to satisfy the activity test).". 23.
Schedule 1 (Module C - point C2) (excluding the Note): Omit, substitute:
Incapacity for work

"C2. This point applies to a person if:

   (a)  the person is incapacitated for work; and

   (b)  if the person is receiving youth training allowance - the person is,
        under Subdivision BAA of Division 2 of Part 8, exempt from the
        activity test.". 24. Schedule 1 (Module G - point G5): Omit,
        substitute: Friendly society amounts

"G5. The ordinary income of a person to whom, or to whose partner, youth
training allowance is payable and who, or whose partner, under Subdivision BAA
of Division 2 of Part 8, is not required to satisfy the activity test is not
to include any amount received by the person or partner from an approved
friendly society in respect of the incapacity because of which the person or
partner is qualified for the youth training allowance or is not required to
satisfy the activity test, as the case may be.". 25. Application of
legislative changes made to end transfers from youth training allowance to
sickness allowance The amendments made by this Schedule apply in respect of
youth training allowance for any fortnight starting on or after 20 March 1996.