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SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (2014 BUDGET MEASURES NO. 6) ACT 2014 (NO. 122, 2014) - SCHEDULE 4

Portability for students and new apprentices

   

Social Security Act 1991

1  Section 1217 (cell at table item 12, column 5)

Repeal the cell, substitute:

6 weeks

(but see also section 1218BA)

2  Section 1217 (cells at table items 13 and 14, column 4)

Repeal the cells, substitute:

A temporary absence for either of the following purposes:

(a) to seek eligible medical treatment;

(b) to attend to an acute family crisis

3  Section 1217 (cell at table item 14, column 5)

Omit "section 1218", substitute "sections 1218 and 1218BA".

4  At the end of section 1218

Add:

             (4)  The Secretary may, by legislative instrument, make principles that must be complied with when deciding how much of a period of absence is for the purpose of undertaking studies that form part of a course of education.

5  After section 1218B

Insert:

1218BA   Exception--new apprentices

             (1)  This section applies if, immediately before the period of absence commenced, the person was receiving youth allowance on the basis of section 540AA applying (about new apprentices) or austudy payment on the basis of section 568AA applying (about new apprentices).

             (2)  The person's right to continue to be paid youth allowance or austudy payment is not affected merely by the person's absence throughout so much of the period of absence as is for the purpose of undertaking the person's full-time apprenticeship, traineeship or trainee apprenticeship.

             (3)  The Secretary may, by legislative instrument, make principles that must be complied with when deciding how much of a period of absence is for the purpose of undertaking a full-time apprenticeship, traineeship or trainee apprenticeship.

6  Application provision

The amendments made by this Schedule apply in relation to a period of absence from Australia beginning on or after the commencement of this Schedule.



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