Commonwealth Numbered Acts

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

                              SCHEDULE 3                  Section 3

AMENDMENTS OF THE STUDENT AND YOUTH ASSISTANCE ACT 1973
RELATING TO EARNINGS CREDITS 1. Paragraph 221(1)(e): Omit. 2. Paragraphs
221(1)(f) and (g): Omit, substitute:

"(f) if the person's earnings credit account balance is equal to or more than
the amount earned - the part of the amount earned that is not more than $100;
or

   (g)  if the person's earnings credit account balance is less than the
        amount earned - the part of the amount earned that is not more than
        the lesser of:

        (i)    the earnings credit account balance; or

        (ii)   $100.". 3. Schedule 4 (Modules C and D): Omit, substitute:

"MODULE C - EARNINGS CREDIT When earnings credit arises

"C1.(1) A person has an earnings credit for an earnings credit accounting
period if the person's fortnightly rate of ordinary income for that period is
less than the person's ordinary income free area. Amount of earnings credit

"(2) The amount of the earnings credit is the amount by which that fortnightly
rate of ordinary income is less than that ordinary income free area. Meaning
of fortnightly rate of ordinary income

"(3) If subsection 221(1) applies in relation to the application of an
ordinary income test to a person for an earnings credit accounting period, a
reference in subsection (1) or (2) to the person's fortnightly rate of
ordinary income for the period is taken to be a reference to:

   (a)  if the person is a member of a couple and the person's partner is
        receiving a social security pension - the rate worked out using the
        formula:
person's reduced income rate + partner's income rate ; or
2

   (b)  in any other case - the person's reduced income rate; where: person's
        reduced income rate means the person's fortnightly rate of ordinary
        income for the period after taking into account any application of
        subsection 221(1) in relation to amounts of money that the person has
        earned for remunerative work. partner's income rate means the
        partner's fortnightly rate of ordinary income for the period. Note:
        For ordinary income free area see point G12 in Module G in Schedule 1.

"MODULE D - DRAWING ACCOUNT Drawing on account (recipient account)

"D1. Subject to point D2, if, under subsection 221(1), an amount is
disregarded in applying an ordinary income test to a person or a person's
partner, the person is taken to draw the disregarded amount on an account
established under section 222. If youth training allowance rate is nil -
account not taken to be drawn

"D2. If:

   (a)  because a person earned an amount of money from remunerative work done
        by the person during an earnings credit accounting period, the person
        would, apart from this point, be taken under point D1 to have drawn an
        amount on the person's earnings credit account established under
        section 222; and

   (b)  the rate of youth training allowance payable to the person for the
        period is nil; the person is taken not to have drawn that amount on
        the account.". 4. Application of legislative changes relating to
        earnings credits The amendments made by this Schedule apply for any
        fortnight starting on or after 20 March 1996.