Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_124n:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 124N (pt 1/2)
Character Range: 751084–753878

124N  School attendance—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 124M; and
 (b) a person responsible for the operation of a school in a State or Territory at which the person's child is enrolled gives the Secretary written notice that the child is attending school, as required by the law of that State or Territory, to the satisfaction of the person responsible.
 (2) This section also applies if, on a particular day (the reconsideration day):
 (a) a person's schooling requirement payment has been, and remains, suspended under section 124M; 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 124L(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 124L provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an attendance 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
 (3) 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
 (4) If the payment has been suspended under section 124M for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular attendance notice, the date of effect of the determination under subsection (3) is the day on which the latest suspension determination was made under section 124M in relation to such compliance.
Note: A schooling requirement payment may be suspended more than once under section 124M (see subsection 124M(3)).

Entitlement to arrears—suspension for total period of 13 weeks or more
 (5) If subsection (4) does not apply, the date of effect of the determination under subsection (3) 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