Document ID: chunk:federal_register_of_legislation:C2022C00163:section:38:p1
Version: federal_register_of_legislation:C2022C00163
Segment Type: section
Provision Reference: s 38 (pt 1/2)
Character Range: 55807–58539

38  Multiple entitlement exclusion
 (1) This section sets out when farm household allowance is not payable to a person because the person receives another pension, benefit, supplement or allowance.
 (2) The allowance is not payable if:
 (a) the person is already receiving age pension, a service pension, income support supplement or a veteran payment; or
 (b) a social security pension, another social security benefit, a service pension, income support supplement or a veteran payment becomes payable to the person.
 (3) For the purposes of paragraph (2)(b), the allowance is not payable from (and including) the day the pension, benefit or supplement becomes payable.

Receipt of veterans benefits
 (4) The allowance is not payable if:
 (a) the person is an armed services widow or armed services widower; and
 (b) either:
 (i) the person is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; or
 (ii) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
 (5) Despite subparagraph (4)(b)(i) of this section, farm household allowance is payable to the person if:
 (a) the person is a woman who has been receiving the pension under Part II or IV of the Veterans' Entitlements Act continuously since before 1 November 1986; and
 (b) before 1 November 1986 the woman was also receiving a social security benefit.

Receipt of payments for other educational etc. schemes
 (6) The allowance is not payable for a period if a payment has been or may be made in respect of the person for that period under:
 (a) a prescribed educational scheme other than the ABSTUDY Scheme; or
 (b) the ABSTUDY Scheme, to the extent that it applies to full‑time students; or
 (c) the scheme to provide an allowance known as:
 (i) the Maintenance Allowance for Refugees; or
 (ii) the Adult Migrant Education Program Living Allowance; or
 (iii) the English as a Second Language Allowance, to the extent that it applies to full‑time students.
 (7) Despite subsection (6), the Secretary may determine that farm household allowance is payable to the person for:
 (a) a period before the person starts a full‑time course of education; or
 (b) a period of 3 weeks starting on the day the person starts a full‑time course of education if:
 (i) the person was receiving farm household allowance immediately before starting the course; and
 (ii) an application is made for a payment in respect of the person under the ABSTUDY Scheme.

Subdivision C—Situations where allowance