VadeLab
StatuteSocial Security Act 1991

Section 540A — Social Security Act 1991: Qualification for youth allowance—claimants for disability support pension

Text of the provision Official document

General rule (1) Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if: (b) throughout the period, the person is of youth allowance age (see Subdivision D); and (c) the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end of the period; and (d) the Secretary is satisfied that, throughout the period, the person suffers from a medical condition that had a significant adverse effect on the person’s ability to work or study; and (e) throughout the period, the person satisfies the residency requirements that apply to the person under Subdivision F; and (f) the person satisfies any one of the conditions in subsection (2). Conditions for qualification (2) The conditions referred to in paragraph (1)(f) are: (a) a condition that the person was an Australian resident when the significant adverse effect of the medical condition on the person’s ability to work or study first occurred; and (b) a condition that at the start of the period the person had 10 years qualifying Australian residence or had a qualifying residence exemption for a social security benefit or youth training allowance; and (c) a condition that: (i) the person was born outside Australia; and (ii) when the significant adverse effect of the medical condition first occurred the person was not an Australian resident but was a dependent child of an Australian resident; and (iii) the person became an Australian resident while a dependent child of an Australian resident. 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.

Official source: Federal Register of Legislation

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from Australian courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.