Document ID: chunk:federal_register_of_legislation:C2025C00162:section:543a:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 543A (pt 1/3)
Character Range: 798765–801353

543A  Minimum age for youth allowance

General
 (1) Subject to this section, the person has attained the minimum age for youth allowance if the person:
 (a) is at least 16 years old; or
 (b) is 15 years old and is independent.
Note: For independent see section 1067A.
 (2) Subject to subsections (2AA), (2A) and (2B), a person who satisfies paragraph (1)(a) or (b) but is not yet 18 years old is not taken under subsection (1) to have attained the minimum age for youth allowance unless the person:
 (a) has completed the final year of secondary school, or an equivalent level of education; or
 (b) is undertaking full‑time study; or
 (c) has entered into or agreed to enter into an employment pathway plan; or
 (d) is a new apprentice.
 (2AA) Paragraph (2)(b) does not apply to a person who is aged 16 or 17 and who is undertaking full‑time study in respect of a secondary course at a secondary school (within the meaning of the Student Assistance Act 1973) or at a TAFE institution unless:
 (a) the person is independent (see section 1067A); or
 (b) the person is taken by section 1067D to be required to live away from home; or
 (c) the person was receiving youth allowance immediately before starting that course; or
 (d) the Secretary determines that the person is not benefiting from family tax benefit that is being paid to the person's parents.
 (2AB) For the purposes of subsection (2AA), a secondary course is a course that is determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.
 (2A) Subject to subsection (2B), subsection (2) does not apply to the person if the Secretary considers that the person does not have the capacity to undertake full‑time study or training because he or she:
 (a) is ill or has had an accident and the incapacity is, or is likely to be, of a temporary nature; or
 (b) has a physical, psychiatric or intellectual disability, or a learning difficulty such as attention deficit disorder; or
 (c) is pregnant and the expected date of confinement is within 6 weeks; or
 (d) has given birth within the previous 6 weeks; or
 (f) has been refused enrolment and no other education or training place is available within a reasonable distance; or
 (g) is required to provide full‑time care for a family member who is incapacitated due to illness or accident and the incapacity is, or is likely to be, of a temporary nature; or
 (h) has suffered a personal crisis such as the death of an immediate family member, a marriage breakup, family dislocation or physical, emotional or sexual abuse; or