Document ID: chunk:federal_register_of_legislation:C2008A00149:clause:1_37aa
Version: federal_register_of_legislation:C2008A00149
Segment Type: clause
Provision Reference: sch 1 cl 37AA
Character Range: 3712–4986

37AA  Grant of claim—schooling requirements

 (1) Without limiting subsection 37(1), the Secretary must determine that a claim for a schooling requirement payment is to be granted if the Secretary is satisfied that:
 (a) the person is qualified, or is expected to be qualified, for the payment; and
 (b) the payment would be payable if it were not for the application of subsection 124G(1) or 124L(1).

 (2) Subsection (1) does not apply to a schooling requirement payment under the Veterans' Entitlements Act.

Note 1: Schooling requirement payments are social security benefits, social security pensions and certain payments under the Veterans' Entitlements Act (see section 124D of this Act).

Note 2: Section 124G and 124L provide that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice or an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).

Note 3: If the payment is suspended under section 124H or 124M (because of the application of subsection 124G(1) or 124L(1)) on the day the claim is granted, the start day for the payment is deferred until the suspension ends (at the earliest) (see clause 5 of Schedule 2).