Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p78
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 199068–202114

claims job search allowance; and

SCHEDULE 16—continued

    (b) because of sections 540 and 541 (education leavers waiting period—non-secondary school leavers), job search allowance is not payable to the person for a period starting on the person's provisional commencement day; and

    (c) during that period the person claims sickness allowance;

then, despite subsections (1), (2) and (3), the person's education leavers waiting period is taken to have started on the person's job search allowance provisional commencement day.

"(3B) If:

    (a) after the commencement of this subsection, a person becomes unemployed and claims youth training allowance; and

    (b) because of sections 98 and 99 of the Student and Youth Assistance Act 1973 (education leavers waiting period—non-secondary school leavers), youth training allowance is not payable to the person for a period starting on the person's provisional commencement day; and

    (c) during that period the person claims sickness allowance;

then, despite subsections (1), (2) and (3), the person's education leavers waiting period is taken to have started on the person's youth training allowance provisional commencement day.".

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                          SCHEDULE 17 Section 3

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO SICKNESS ALLOWANCE

1. Subsection 666(1A):

Omit "A person is qualified", substitute "Subject to subsection (1B), a person is qualified".

2. After subsection 666(1A):

Insert:

"(1B) In determining whether a person is qualified for sickness allowance in respect of a period under subsection (1A):

    (a) if, disregarding subsection 1067B(2), the person is to be regarded as independent for the purposes of Part 3.5A—subsection (1A) of this section has effect as if paragraph (0 were omitted; or

    (b) if, throughout the period:

       (i) the person lives at a home of either of his or her parents; and

       (ii) the parent with whom the person lives is receiving a social security pension, a social security benefit, a service pension or payments under a prescribed educational scheme;

    subsection (1A) of this section has effect as if subparagraphs (f)(iii) and (h)(i) and (ii) were omitted.

Note: For prescribed educational scheme see subsection 5(1)

3. Subparagraph 666(5)(c)(iii):

Omit "section.", substitute "section; or".

4. Subsection 666(5):

Add at the end:

"(d) if:

       (i) the person's incapacity for work is caused by a medical condition (whether the same as or different from the medical condition referred to in subsection (4)); and

       (ii) arrangements have been made for the person to undergo surgery in respect of the condition; and

       (iii) the surgery is expected to result in the person's incapacity for work ceasing within 104 weeks from the date on which the person's claim for sickness allowance in respect of the incapacity was granted.".

5. Subsection 667(4A):

Omit, substitute:

SCHEDULE 17—continued

"(4A) This subsection applies to a person during a period if, before