Section 738 — Social Security Act 1991: Payments under certain education schemes

(1) Subject to subsections (2) and (3), a special benefit is not payable to a person: (a) who has turned 18; or (b) who satisfies both of the following: (i) the person has not turned 16; (ii) the person is not a SPB homeless person; if a payment has been made or may be made in respect of the person for the same period under: (c) a prescribed educational scheme other than the ABSTUDY scheme to the extent that it applies to part-time students; or (d) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or (e) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or (f) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students. Note 1: For prescribed educational scheme see section 5. Note 2: For SPB homeless person see section 739. (2) If: (a) a person may start a course of education on a full-time basis; and (b) a payment under a scheme referred to in subsection (1) may be made in respect of the person; the Secretary may decide that, in spite of subsection (1), a special benefit is payable to the person for a period before the person starts the course. (3) If: (a) a person enrols in a full-time course of education; and (b) an application is made for a payment in respect of the person under: (ii) the ABSTUDY Schooling scheme; or (iii) the ABSTUDY Tertiary scheme; and (c) the person was receiving special benefit immediately before the start of the course; the Secretary may decide that, in spite of subsection (1), special benefit is payable to the person for the period of 3 weeks commencing on the day on which the course starts.