Section 542A — Social Security Act 1991: Temporary incapacity exemption

General (1) Subject to subsection (2) of this section and sections 542B and 542C, a person has a temporary incapacity exemption if: (a) throughout the period the person does not have the capacity to undertake the course of education in respect of which the person is undertaking full-time study because of sickness or an accident; and (b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and (c) the incapacity is, or is likely to be, of a temporary nature; and (d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating: (i) the medical practitioner’s diagnosis; and (ii) the medical practitioner’s prognosis; and (iii) that the person is incapacitated for study; and (iv) the period for which the person is incapacitated for study; and (e) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from undertaking full-time study. (1AA) Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full-time study. (1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding whether paragraph (1)(b) or (c) applies to a person in respect of a period. (1B) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A). Claimants for disability support pension (2) This section does not apply to a person who is qualified for a youth allowance under section 540A.