Social Security and Other Legislation Amendment (Income Support for Students) Act 2010 (17 of 2010)

Schedule 1   Youth allowance

Part 1   Independence criteria

Division 1   Main amendments

Social Security Act 1991

3   After subsection 1067A(10)

Insert:

(10A) Paragraphs (10)(b) and (c) do not apply for the purposes of determining whether a person is to be regarded as independent for the purposes of Part 2.11, this Part or section 1070G, unless subsection (10B), (10C) or (10E) applies to the person.

(10B) This subsection applies to a person if, before 1 July 2010, the person was:

(a) receiving youth allowance; and

(b) regarded as independent because of paragraph (10)(b) or (c).

(10C) This subsection applies to a person if the Secretary is satisfied that:

(a) in 2008 the person completed a course of education determined under section 5D of the Student Assistance Act 1973 to be a secondary course for the purposes of that Act; and

(b) disregarding subparagraph 541B(1)(a)(iii), the person did not undertake full-time study in 2009; and

(c) throughout 2009 the person intended to start undertaking full-time study in 2010 because of his or her intended enrolment at a higher education institution in a course of education; and

(d) on a day (the higher education start day ) in the period starting on 1 January 2010 and ending at the end of 31 December 2010 the person starts undertaking full-time study because of his or her enrolment at a higher education institution in a course of education determined under section 592N to be an approved scholarship course; and

(e) if the person would not be taken by section 1067D to be required to live away from home on the higher education start day, assuming he or she were not independent then - the person's combined parental income (as defined in point 1067G-F10 of the Youth Allowance Rate Calculator in section 1067G) for the tax year described in subsection (10D) is less than $150,000; and

(f) disregarding subsection (10A) of this section, the person is independent because of paragraph (10)(b) or (c) of this section before 1 January 2011.

Note: For undertaking full-time study see section 541B.

(10D) For the purposes of paragraph (10C)(e), the tax year is:

(a) the tax year ending on 30 June 2009; or

(b) the tax year ending on 30 June 2010 if:

(i) the person requests, in writing in accordance with a form approved by the Secretary, the Secretary to determine that paragraph (10C)(e) apply to the person's combined parental income for that tax year and the Secretary does so; or

(ii) under point 1067G-F6 of the Youth Allowance Rate Calculator in section 1067G that tax year would be the appropriate tax year for the purpose of applying Module F of that Rate Calculator to the person in respect of a youth allowance payment period including the higher education start day (assuming youth allowance is or may be payable to the person).

(10E) This subsection applies to a person if:

(a) the person's family home is in a location categorised under the Remoteness Structure as Outer Regional Australia, Remote Australia or Very Remote Australia; and

(b) the person is required to live away from home (see section 1067D); and

(c) the person is undertaking full-time study (see section 541B); and

(d) the person's combined parental income (as defined in point 1067G-F10 of the Youth Allowance Rate Calculator in section 1067G) for the appropriate tax year (see Submodule 3 of Module F of that Calculator) is less than $150,000.

(10F) For the purposes of paragraph (10E)(a), Remoteness Structure means the Remoteness Structure described in:

(a) the document entitled "Statistical Geography Volume 1 Australian Standard Geographical Classification (ASGC) July 2006", published by the Australian Statistician, that was effective 1 July 2006; or

(b) a document specified in a determination under subsection (10G) to be a replacement document.

(10G) The Secretary may, by written determination, specify a document for the purposes of paragraph (10F)(b). The document must be one published by the Australian Statistician.

(10H) A determination under subsection (10G) is not a legislative instrument.