Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 553A — Unemployment due to industrial action
Engaged in industrial action (1) Subject to subsection (2), a person who is unemployed is subject to an employment-related exclusion unless the person satisfies the Secretary that the person’s…
Section 553B — Move to area of lower employment prospects
(1) Subject to subsection (1B), if the Secretary considers that a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, the person is…
Section 553C — Seasonal workers
Application (1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for youth allowance, the person, or, if the person is a member of…
Section 556 — How to work out a person’s youth allowance rate
Subject to this section, the rate of a person’s youth allowance is to be worked out in accordance with the Youth Allowance Rate Calculator in section 1067G.
Section 556A — Approved program of work supplement
If a person: (a) is receiving youth allowance; and (b) is participating in an approved program of work for income support payment; the rate of the person’s youth allowance is increased by an amount…
Section 567 — Qualification for payments under this Subdivision
Qualification for payment (1) If: (a) a person is receiving youth allowance; and (b) the person is a long-term social security recipient; and (c) the person is a member of a couple; and (d) the…
Section 567A — Continued payment of partner’s pension or benefit
If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate…
Section 567FA — Qualification for payment under this Subdivision
A person is qualified for a lump sum payment under this Subdivision if: (a) the person is qualified for youth allowance on a day (the relevant day); and (b) youth allowance is payable to the person…
Section 567B — Lump sum payable in some circumstances
If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of…
Section 567FB — Amount of payment
(1) The amount of the person’s payment is worked out using the following formula (except if paragraph 567FA(g) applies in relation to the person): (2) If subparagraph 567FA(g)(i) applies in relation…
Section 567C — Adjustment of person’s youth allowance rate
If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 567(2) not to receive payments under this Subdivision; the rate of the person’s…
Section 567D — Effect of death of person entitled to payments under this Subdivision
If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does…
Section 567E — Matters affecting payments under this Subdivision
Recovery/reduction of amount payable (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died,…
Section 567G — Death of child—continuation of youth allowance rate for 14 weeks
If: (a) a person is receiving youth allowance; and (b) the person is the principal carer of a child who dies; and (c) the person is not undertaking full-time study and is not a new apprentice; and…
Section 568 — Qualification for austudy payment—general rule
Subject to this Subdivision, a person is qualified for an austudy payment in respect of a period if, throughout the period: (a) the person satisfies the activity test (see Subdivision B); and (b) the…
Section 568A — Qualification for austudy payment—transferee from social security pension
If: (a) a person was receiving a social security pension; and (b) the person claims an austudy payment within 14 days after the day on which the last instalment of the person’s pension was paid; and…
Section 568AA — Qualification for austudy payment—new apprentices
Subject to this Subdivision, a person is qualified for an austudy payment in respect of a period if, throughout the period: (a) the person is a new apprentice; and (b) the person is of austudy age…
Section 569 — Activity test
General (1) Subject to subsection (2), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is undertaking…
Section 569A — Undertaking qualifying study
For the purposes of this Part, a person is undertaking qualifying study if: (a) the person: (i) is enrolled in a course of education at an educational institution; or (ii) was enrolled in the course…
Section 569AA — One course of education
(1) Whether subparagraph 569A(a)(i) or (ii) and paragraphs 569A(b), (c) and (d) are satisfied in relation to a person is to be determined in relation to only one course of education. (2) Whether a…
Section 569B — Approved course of education or study
For the purposes of paragraph 569A(b), a course is an approved course of education or study if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course…
Section 569C — Full-time students
For the purposes of this Subdivision, a person is a full-time student in respect of a course if: (a) in the case of a person who is enrolled in the course for a particular study period (such as, for…
Section 569D — Concessional study-load students
(1) For the purposes of this Subdivision, there are 2 classes of concessional study-load students, namely: (a) 25% concessional study-load students; and (b) 66% concessional study-load students. (2)…
Section 569E — Normal amount of full-time study
(1) For the purposes of this Subdivision, the normal amount of full-time study in respect of a course is: (a) if: (i) the course is a course of study within the meaning of the Higher Education…
Section 569F — First fortnight of classes
A person is taken to be undertaking full-time study or a concessional study-load (as the case may be) in respect of a course during the period (the relevant period): (a) starting on the first day of…
Section 569G — Progress rules—secondary students
General rule (1) Subject to subsection (2), a person enrolled in, or intending to enrol in, a secondary course satisfies the progress rules for the purposes of paragraph 569A(d) if, in the…
Section 569H — Progress rules—tertiary students
Full-time students (1) A person who is a full-time student in respect of a tertiary course satisfies the progress rules if: (a) in the case of a person who is enrolled in the course—on the day on…
Section 570 — Austudy age
General (1) Subject to subsection (2), a person is of austudy age for the purposes of this Part if the person is at least 25 years old. Study begun before turning 25 (2) Even if the person is at…
Section 572 — Austudy payment not payable if payment rate nil
(1) Subject to subsection (2), an austudy payment is not payable to a person if the person’s austudy payment rate would be nil. (2) Subsection (1) does not apply to a person if the person’s rate…
Section 572A — Situations where austudy payment not payable for failure to comply with certain requirements
Austudy payment is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration…
Section 573 — Austudy payment not payable if assets value limit exceeded
An austudy payment is not payable to a person if the value of the person’s assets is more than the person’s assets value limit. Note: For assets value limit see section 573B.
Section 573B — Assets value limit
A person’s assets value limit is: (a) $250,000 if the person: (i) is not a member of a couple (see section 4); and (ii) is a homeowner; or (b) $450,000 if the person: (i) is not a member of a couple;…
Section 573C — Value of person’s assets to include value of assets of partner
The value of a person’s assets is the sum of the following values: (a) the value of the person’s assets (disregarding paragraph (b)); (b) if the person is a member of a couple (see section 4)—the…
Section 575 — Waiting periods
(1) An austudy payment is not payable to a person who is qualified for an austudy payment while the person is subject to a waiting period. (2) For the purposes of this Part, a person may be subject…
Section 575A — Liquid assets test waiting period
When person subject to liquid assets test waiting period—general (1) Subject to this section, if: (a) the value of a person’s liquid assets is more than the person’s maximum reserve on: (i) the day…
Section 575EA — Seasonal workers—preclusion period
Application (1) This section applies if: (a) a person has lodged a claim for austudy payment; and (b) at any time during the 6 months immediately before the day on which the person lodged the claim,…
Section 575B — Start of liquid assets test waiting period
The liquid assets test waiting period of a person starts on the day on which the person became qualified for austudy payment.
Section 575C — Length of liquid assets test waiting period
Number of weeks (1) A person’s liquid assets test waiting period is: (a) if the result obtained under subsection (2) is 13 or more whole weeks—13 weeks; or (b) if the result obtained under subsection…
Section 575D — Newly arrived resident’s waiting period
Basic rule (1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident in…
Section 575E — Length of newly arrived resident’s waiting period
If a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day the person first became an Australian resident; and (b) ends when the person has been an…
Section 575F — Effect of being subject to 2 waiting periods
For the avoidance of doubt, if a person is subject to 2 waiting periods under this Subdivision, an austudy payment is not payable to the person until both of those waiting periods have ended.
Section 576 — Austudy participation failures
Meaning of austudy participation failure (1) A person commits an austudy participation failure if the person: (a) fails to comply with a requirement: (i) that was notified to the person under…
Section 576A — Allowance not payable because of austudy participation failure
General (1) Austudy payment is not payable to a person, for the period starting in accordance with section 576B and ending in accordance with section 576C, if: (a) the person commits an austudy…
Section 576B — When the period of non-payment starts
The period for which austudy payment is not payable to the person because of section 576A is taken to have started at the start of the participation failure instalment period for the austudy…
Section 576C — When the period of non-payment ends
The period for which austudy payment is not payable to the person because of section 576A ends when: (a) in accordance with a requirement of the Secretary that the person comply with the requirement,…
Section 577 — Payment not payable because of repeated failure
General (1) Austudy payment is not payable to a person, for the period of 8 weeks starting in accordance with section 577A, if the person commits an austudy participation failure (the repeated…
Section 577A — When the period of non-payment starts
The period for which austudy payment is not payable to the person is taken to start, or to have started: (a) if the repeated failure occurs during a participation failure instalment period for an…
Section 578 — Multiple entitlement exclusions
(1) An austudy payment is not payable to a person who is qualified for an austudy payment while the person is subject to a multiple entitlement exclusion. (2) For the purposes of this Division, a…
Section 578A — Person receiving payment under certain schemes
General (1) Subject to subsection (2), the schemes for the purposes of paragraph 578(2)(b) are: (a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to…
Section 578B — Assurance of support
An assurance of support applies to a person if: (a) an assurance of support is in force in respect of the person (assuree); and (b) the person who gave the assurance was willing and able to provide…