4A Start day for jobseeker payment and youth allowance if claimant required to attend interview
5 Effect of exclusion period
5A Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations
6 Saving
Part 3—Backdated start day
Division 1—Explanatory
7 Explanation of Part
Division 2—Rules applying to all or most social security payments
8 Claim made soon after partner’s claim
9 Claim by transferee
10 Claim soon after childbirth
11 Incapacitated claimant
12 Claim after death of partner
13 Claim for social security payment following claim for AGDRP
Division 3—Rules applying to particular social security payments
15 Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit
15A Carer payment claimed on or after 1 July 2009 and before 1 October 2009
18 Double orphan pension
19 Double orphan pension—claim following death of former recipient
28 Jobseeker payment—claimant for disability support pension
29 Parenting payment
30 Pensioner education supplement
31 Pensioner education supplement: claim before 1 April
32 Pensioner education supplement: claim before 1 August
34 Youth allowance: incapacitated claimant
35 Youth allowance—claimant for disability support pension
36 Youth allowance—initial claim for family tax benefit
Division 4—Rules applying to health care cards
37 Health care cards, other than automatic issue health care cards
Schedule 5—Provisions relating to the Chief Executive Centrelink etc.
1 References to the Secretary and the Department—requirements etc. by delegate
2 References to the Secretary and the Department—directions by Secretary
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 3C—Schooling requirements
Division 1—General
124 Scope
(1) This Part applies to a person (a schooling requirement person) in relation to another person (a child) at a particular time if:
(a) either of the following applies at that time in relation to a schooling requirement payment:
(i) a claim by the person for the payment is being determined (under this Act or the Veterans’ Entitlements Act);
(ii) a claim by the person for the payment has been granted, and the payment has not been cancelled (under this Act or the Veterans’ Entitlements Act); and
(b) either:
(i) the child is a schooling requirement child of the person at that time; or
(ii) the child was a schooling requirement child of the person at any time within a period provided by the schooling requirement determination before that time; and
(c) the child is required, under a law of a State or Territory:
(i) to be enrolled at a school; or
(ii) to attend a school at times required under that law.
(2) If this Part ceases to apply to a person while the person’s schooling requirement payment is suspended under this Part, then, despite that cessation, section 124J, 124N or 124NG, as the case requires, is taken to apply in relation to the person and, for this purpose, the reconsideration day for the purposes of that section is taken to be the day of that cessation.
Note: Sections 124J, 124N and 124NG deal with when payments become payable after suspension.
124A Enrolment and attendance at school
(1) In this Part:
attendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.
enrolment, at a school, includes anything, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.
person responsible, for the operation of a school, includes:
(aa) a person included in a class of persons specified in an instrument under subsection (2); and
(a) a person responsible for schooling (or for the administration of schooling) at a place, other than a school, to which the definition of attendance applies; and
(b) a person responsible for schooling (or for the administration of schooling) in relation to which alternative enrolment of a kind mentioned in the definition of enrolment applies.
(2) The Minister may, by legislative instrument, specify a class of persons for the purposes of paragraph (aa) of the definition of person responsible in subsection (1).
124B Schooling requirement child
Schooling requirement child
(1) For the purposes of this Act, a person (the first person) is a schooling requirement child of another person at a particular time if:
(a) at that time, the first person is a dependent child of the other person; or
(b) all of the following conditions are satisfied:
(i) that time occurs during a schooling requirement period;
(ii) under a family law order, or a registered parenting plan or parenting plan (within the meaning of the Family Law Act 1975), that is in force during the schooling requirement period, the first person is supposed to live or spend time with the other person;
(iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the schooling requirement period, the first person would have been in the other person’s care for at least 14% of that period.
Schooling requirement period
(2) For the purposes of subsection (1), a schooling requirement period is a period worked out in accordance with the schooling requirement determination.
(3) A period worked out under subsection (2) may be a recurring period (for example, a fortnight).
(4) For the purposes of this section, it is immaterial whether a schooling requirement period begins before or after the commencement of this section.
Family law order
(5) In this section:
family law order has the same meaning as in section 123TC.
124C Schooling requirement determination
For the purposes of this Part, the Minister may, by legislative instrument, make a determination (the schooling requirement determination) relating to school enrolment and attendance.
124D Schooling requirement payments
In this Act:
schooling requirement payment means:
(a) a social security benefit; or
(b) a social security pension; or
(c) one of the following payments under the Veterans’ Entitlements Act:
(ii) income support supplement;
(iii) service pension;
(iv) veteran payment.
124E Application to payments under the Veterans’ Entitlements Act
(1) For the purposes of this Part, the provisions of this Act covered by subsection (2) apply (to the extent mentioned in that subsection) in relation to schooling requirement payments that are made under the Veterans’ Entitlements Act as if the payments were schooling requirement payments that are social security payments.
(2) The provisions of this Act covered by this subsection are as follows:
(a) Part 1 (which includes provisions relating to the application of the Criminal Code and interpretation);
(b) section 85 and Division 9 of Part 3, to the extent that these provisions relate to the cancellation of schooling requirement payments under this Part;
Note: These provisions deal with the reconsideration of decisions in relation to social security payments.
(c) Division 10 of Part 3 (continuing effect of determinations), to the extent that the Division relates to the suspension and cancellation of schooling requirement payments under this Part;
(d) Parts 4 and 4A (review of decisions), to the extent that the Part relates to the suspension and cancellation of schooling requirement payments under this Part;
(e) Part 5 (information management), to the extent necessary or convenient for the administration of this Part;
(f) Part 6 (offences), to the extent that the Part relates to acts or omissions occurring in relation to the administration of this Part;
(g) Part 7 (which includes provisions relating to delegations and regulations etc.), to the extent necessary or convenient for the administration of this Part;
(h) Schedule 1 (Dictionary).
Division 2—School enrolment
124F School enrolment—enrolment notices
Enrolment notices generally
(1) The Secretary may give a notice (an enrolment notice) to a schooling requirement person about the person’s child, requiring the person to give the Secretary evidence (in accordance with the notice) that the child is enrolled at a school as required by a law of a State or Territory.
(2) Without limiting subsection (1), an enrolment notice may require evidence of enrolment to be given in the form of a written or oral statement by the schooling requirement person, or another person, confirming enrolment.
(3) The enrolment notice must give details of:
(a) how to comply with the notice; and
(b) the initial period for compliance with the notice, and the Secretary’s power to extend that period (see subsections (4) and (5)); and
(c) the consequences under this Division of not complying with the notice.
Initial period for compliance
(4) The enrolment notice must state an initial period for compliance with the notice of at least 14 days after the notice is given.
(5) The Secretary may extend the initial period for compliance stated in the enrolment notice before or after the end of the stated period.
124G School enrolment—condition of schooling requirement payments
(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with an enrolment notice given to the person under section 124F.
(2) Subsection (1) does not apply to the schooling requirement person in relation to an enrolment notice, as at a particular day, if:
(a) the initial compliance period stated in the notice (as extended, if at all, under subsection 124F(5)) has not ended at that day; or
(b) the Secretary is satisfied that:
(i) as at that day, the person has a reasonable excuse, as determined in accordance with the schooling requirement determination (if any), for failing to comply with the enrolment notice; or
(ii) in the special circumstances of the case applying as at that day, as determined in accordance with the schooling requirement determination (if any), it is appropriate that the subsection should not apply as at that day.
(3) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124H.
(4) For a schooling requirement payment under the Veterans’ Entitlements Act:
(a) this section does not apply in relation to the grant of the payment; but
(b) this section otherwise applies in relation to the payment.
124H School enrolment—suspension or cancellation for non‑compliance with enrolment notice
Scope
(1) This section applies if, as at a particular day:
(a) a schooling requirement person has been given an enrolment notice; and
(b) a schooling requirement payment is not payable to the person because subsection 124G(1) applies to the person as at that day.
Note: Section 124G provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice after the end of the initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).
Suspension or cancellation of payment
(2) The Secretary must:
(a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the enrolment notice—determine that the payment is to be suspended or cancelled; or
(b) in any other case—determine that the payment is to be suspended.
Payment may be suspended more than once
(3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular enrolment notice.
Note: Following suspension of a schooling requirement payment, the payment may become payable again under section 124J. Subsection 124H(3) allows for a further suspension of the payment even after the payment has become payable again.
Payment may be suspended even if not yet received
(4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.
Note: An enrolment notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)). The claim may be granted even if subsection 124G(1) applies to the person. However, in that event, the Secretary must suspend the payment under this section (before it has started).
124J School enrolment—when payments become payable after suspension
Scope
(1) This section applies if, on a particular day (the reconsideration day):
(a) a person’s schooling requirement payment has been, and remains, suspended under section 124H; and
(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and
(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day, subsection 124G(1) no longer applies to the person.
Note 1: The cancellation of a schooling requirement payment may be reconsidered under section 85.
Note 2: Section 124G provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).
Determination that payment is payable
(2) The Secretary must determine:
(a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans’ Entitlements Act, as the case requires); and
(b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).
Entitlement to arrears—suspension for total period of up to 13 weeks
(3) If the payment has been suspended under section 124H for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular enrolment notice, the date of effect of the determination under subsection (2) is the day on which the latest suspension determination was made under section 124H in relation to such compliance.
Note: A schooling requirement payment may be suspended more than once under section 124H (see subsection 124H(3)).
Entitlement to arrears—suspension for total period of 13 weeks or more
(4) If subsection (3) does not apply, the date of effect of the determination under subsection (2) is:
(a) the reconsideration day; or
(b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).
(5) For the purposes of subsection (4), the Secretary may vary a determination under subsection (2) to state an earlier date of effect, if the determination:
(a) does not include such a statement; or
(b) includes such a statement in relation to a later day.
How arrears are paid
(6) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, as provided by the determination under subsection (2).