12Multiple entitlement exclusion

#### 12 Multiple entitlement exclusion (1) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person if the person is receiving a social security benefit, a social security pension or a service pension. (1A) If a person is a member of a couple, exceptional circumstances relief payment or farm help income support is not payable to the person for a period if the person’s partner is receiving, or has received, any of the following for that period: (a) farm household support; (b) exceptional circumstances relief payment; (c) farm help income support. (2) If a person is a member of a couple, farm household support, exceptional circumstances relief payment or farm help income support is not payable to the person if the person’s partner is receiving a newstart allowance, youth allowance or austudy payment. (3) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; unless: (c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and (d) before 1 November 1986 the woman was also receiving a social security benefit. (4) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act. (4A) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person if the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act 2004 (including a reduced weekly amount because of a choice under section 236 of that Act) or has received a lump sum mentioned in subsection 236(5) of that Act. (5) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under: (a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part‑time students; or (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees. (6) If: (a) a person enrols in a full‑time course of education; and (b) a payment under a scheme referred to in subsection (5) may be made in respect of the person; the Secretary may decide that, in spite of subsection (5), farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, is payable to the person for a period before the person starts the course. (7) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(1) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(5) or (7). (8) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(5) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(1) or (7). (9) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(7) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(1) or (5).