Commonwealth legislation

Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

What this does This determination lets certain students and apprentices access advance welfare payments immediately, skipping the usual 12-month waiting period.

Who it affects The waiver applies to:

Austudy Payment recipients – Students receiving this financial assistance can request an advance payment straight away.
Youth Allowance recipients – Young people receiving Youth Allowance can get an advance without the wait if they are:
- Undertaking (or about to start) an approved course of education or study, or
- Working as (or about to start as) a new apprentice.

What is an advance payment? It's a lump sum of your future benefit paid to you early, which you then repay gradually through reduced fortnightly payments over time.

Context This replaced an earlier 1998 rule and has applied since 1 July 2005.

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Current sections

Direct links to the current provisions in Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1).

Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1)

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Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1)

Social Security Act 1991

I, Lisa Marian Paul, Secretary of the Department of Education, Employment and Workplace Relations, make this determination under subsection 1061A (2) of the Social Security Act 1991.

Dated 21 March 2009

Lisa Paul

Secretary

Department of Education, Employment and Workplace Relations

1 Name of determination

This determination is the Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1).

2 Commencement

This determination is taken to have commenced on 1 July 2005.

3 Revocation

The Advance Payment of Entitlement (Waiver of Waiting Period) Determination (No. 1) 1998 is revoked.

4 Interpretation

In this determination:

Act means the Social Security Act 1991.

approved course of education or study has the meaning given by subsection 541B (5) of the Act.

new apprentice has the meaning given by subsection 23 (1) of the Act.

5 Determination

(1) Paragraph 1061A (1) (b) of the Act does not apply to a person if that person has applied for an advance payment of austudy payment.

(2) Paragraph 1061A (1) (b) of the Act does not apply to a person if that person:

(a) has applied for an advance payment of youth allowance; and

(b) either:

(i) is undertaking, or is about to undertake, an approved course of education or study; or

(ii) is a new apprentice or is about to become a new apprentice.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1)

Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1)

Social Security Act 1991

I, Lisa Marian Paul, Secretary of the Department of Education, Employment and Workplace Relations, make this determination under subsection 1061A (2) of the Social Security Act 1991.

Dated 21 March 2009

Lisa Paul

Secretary

Department of Education, Employment and Workplace Relations

1 Name of determination

This determination is the Social Security (Waiver of Waiting Period for Advance Payment of Entitlement) Determination 2009 (No. 1).

2 Commencement

This determination is taken to have commenced on 1 July 2005.

3 Revocation

The Advance Payment of Entitlement (Waiver of Waiting Period) Determination (No. 1) 1998 is revoked.

4 Interpretation

In this determination:

Act means the Social Security Act 1991.

approved course of education or study has the meaning given by subsection 541B (5) of the Act.

new apprentice has the meaning given by subsection 23 (1) of the Act.

5 Determination

(1) Paragraph 1061A (1) (b) of the Act does not apply to a person if that person has applied for an advance payment of austudy payment.

(2) Paragraph 1061A (1) (b) of the Act does not apply to a person if that person:

(a) has applied for an advance payment of youth allowance; and

(b) either:

(i) is undertaking, or is about to undertake, an approved course of education or study; or

(ii) is a new apprentice or is about to become a new apprentice.