Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:10_111
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 10 cl 111
Character Range: 335303–336683

111  Austudy payment in place of AUSTUDY living allowance

Person of austudy age receiving AUSTUDY living allowance immediately before 1 July 1998
 (1) If:
 (a) an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of a person other than:
 (i) a person who, immediately before that day, was receiving rent assistance under regulation 102B of the AUSTUDY Regulations as then in force; or
 (ii) a person referred to in paragraph 68(a) or (b) of the AUSTUDY Regulations as in force immediately before that day; and
 (b) the person is of austudy age on that day;
then, on and after that day:
 (c) an austudy payment is payable, or is to be taken to have been payable, to the person; and
 (d) Part 2.11A applies to the person;
as if he or she had made a claim for austudy payment under that Part and the claim had been granted.
Note: A youth allowance is payable to a person referred to in subparagraph (a)(i) or (ii) (see clause 109).

Pending claims for AUSTUDY living allowance
 (2) If:
 (a) a person who is of austudy age lodged an application for an AUSTUDY living allowance (under the AUSTUDY regulations) before 1 July 1998; and
 (b) the application was not dealt with before that date;
the application has effect on or after that date as if it were a claim for austudy payment lodged under this Act.