Document ID: chunk:federal_register_of_legislation:C2008A00149:clause:1_124j:p1
Version: federal_register_of_legislation:C2008A00149
Segment Type: clause
Provision Reference: sch 1 cl 124J (pt 1/2)
Character Range: 16100–18908

124J  School enrolment—when payments become payable after suspension

Scope

 (1) This section applies if, on a particular day (the reconsideration day):
 (a) a person's schooling requirement payment has been, and remains, suspended under section 124H; and
 (b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and
 (c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day, subsection 124G(1) no longer applies to the person.

Note 1: The cancellation of a schooling requirement payment may be reconsidered under section 85.

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

Determination that payment is payable

 (2) The Secretary must determine:
 (a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans' Entitlements Act, as the case requires); and
 (b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).

Entitlement to arrears—suspension for total period of up to 13 weeks

 (3) If the payment has been suspended under section 124H for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular enrolment notice, the date of effect of the determination under subsection (2) is the day on which the latest suspension determination was made under section 124H in relation to such compliance.

Note: A schooling requirement payment may be suspended more than once under section 124H (see subsection 124H(3)).

Entitlement to arrears—suspension for total period of 13 weeks or more

 (4) If subsection (3) does not apply, the date of effect of the determination under subsection (2) is:
 (a) the reconsideration day; or
 (b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).

 (5) For the purposes of subsection (4), the Secretary may vary a determination under subsection (2) to state an earlier date of effect, if the determination:
 (a) does not include such a statement; or
 (b) includes such a statement in relation to a later day.

How arrears are paid

 (6) Arrears resulting from the operation of this section may