VadeLab
StatuteSocial Security Act 1991

Section 542EA — Social Security Act 1991: Exemption from undertaking full-time study—death of person’s partner

Text of the provision Official document

Claimants (1) If: (a) a person makes a claim for youth allowance on or after the commencement of this section; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; then the person has a death of partner exemption in respect of the period applicable under paragraph (c) or (d). Recipients (2) If: (a) a person is receiving youth allowance on or after the commencement of this section; and (b) while the person is receiving youth allowance, the person’s partner dies on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person notifies the Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person notifies the Secretary of the person’s partner’s death: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; and (e) the person is receiving youth allowance on the day of the notification; then the person has a death of partner exemption in respect of the period applicable under paragraph (c) or (d).

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.