Section 540 — Social Security Act 1991: Qualification for youth allowance—general rule

(1) Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if: (a) throughout the period: (i) the person is undertaking full-time study (see section 541B); or (ii) the person is exempt from undertaking full-time study (see Subdivision C) but the person satisfies the Secretary that the person would otherwise be undertaking full-time study (see section 541B); or (iii) the person satisfies subsection (2); and (b) throughout the period the person is of youth allowance age (see Subdivision D); and (d) throughout the period, the person: (i) is an Australian resident; or (ii) is exempt from the residence requirement within the meaning of subsection 7(7). Note 1: Subdivision G provides for prospective qualification for youth allowance. Note 2: Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it. (2) A person satisfies this subsection if: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; (iii) the person is not undertaking full-time paid work for at least 35 hours per week; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; (iii) the person is not undertaking full-time paid work for at least 35 hours per week. Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1). Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person. Note 3: A person receiving youth allowance, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.