Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:2_20
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 2 cl 20
Character Range: 167710–169306

20  At the end of section 549D
Add:
 (4) Subsection (1) does not apply to a person if:
 (a) the person would:
 (i) if the person had made a claim under this Act for a social security payment other than youth allowance—have been subject to a newly arrived resident's waiting period under this Act; or
 (ii) if the person had, before 1 July 1998, made a claim under the Student Assistance Act 1973—have been subject to a waiting period under Part 2 of that Act or a newly arrived resident's waiting period under Part 8 of that Act;
  and that period would have ended; or
 (b) the person has had:
 (i) a qualifying residence exemption for a newstart allowance or a sickness allowance under this Act; or
 (ii) a qualifying residence exemption for a youth training allowance under the Student Assistance Act 1973; or
 (c) in the case of an AUSTUDY allowance recipient—the person was not subject to a waiting period.
 (5) Subsection (1) does not apply to a person if:
 (a) the person is a New Zealand citizen; and
 (b) the person became, or first became, an Australian resident before 1 July 1998; and
 (c) one of the following subparagraphs applies to the person:
 (i) when the person made the claim for youth allowance, the person had been an Australian resident for the immediately preceding 12 months or had been continuously present in Australia for the immediately preceding 6 months; or
 (ii) the person was immediately before 1 July 1998 qualified for sickness allowance or youth training allowance; or
 (iii) the person has previously received sickness allowance or youth training allowance.