Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p12
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 26633–29482

some pensions—education payments made (changes introduced on 1 January 1987)

  25. (1) If:

   (a) immediately before 1 January 1987:

SCHEDULE 1—continued

      (i) a person was receiving a social security pension; and

      (ii) payments were being made to the person under:

             (a) the Tertiary Education Assistance Scheme; or

             (b) the Adult Secondary Education Assistance Scheme; or

             (c) the Secondary Allowance Scheme; and

    (b) on or after 1 January 1987, the person becomes eligible to receive payments under the AUSTUDY Scheme;

the rate of that pension for the continuation period is to be:

    (c)     the rate at which the pension was payable immediately before 1 January 1987; or

  (d)     if:

         (i) the person was receiving a pension of that kind immediately before 21 October 1986; and

         (ii) the rate at which the pension was payable to the person immediately before 21 October 1986 is higher than the rate at which the pension was payable to the person immediately before 1 January 1987;

     the rate at which the pension was payable to the person immediately before 21 October 1986.

(2)     For the purposes of subclause (1), the continuation period is the period that commences on the day on which the person becomes eligible to receive payments under the AUSTUDY Scheme and ends when the person ceases to be eligible to receive payments under that Scheme.

  (3)     If:

     (a)     immediately before 1 September 1987, a person was receiving a widow's pension or a supporting parent's benefit under the 1947 Act; and

     (b)     on 1 September 1987, the person was eligible to receive payments under the AUSTUDY Scheme for a full-time course of education that the person had commenced before 1 September 1987; and

   (c)     the person has a dependent child; and

     (d)     if this subclause had not been enacted, the person would not be qualified for a sole parent pension or a widow B pension under this Act because the child had turned 16;

the person's qualification for a sole parent pension or widow B pension under this Act continues during the continuation period as if the child had not turned 16.

(4) For the purposes of subclause (3), the continuation period is the period that commences on 1 September 1987 and ends on the day on

SCHEDULE 1—continued

which the person ceases to be eligible to receive payments under the AUSTUDY Scheme in respect of the course of education.

  (5) If:

  (a) immediately before 1 January 1988:

       (i) a person was receiving a social security pension; and

         (ii) the person was eligible to receive payments under a relevant Aboriginal Tertiary Education Scheme; and

         (iii) payments were being made to, or in respect of, the person under the Aboriginal Study Assistance Scheme; and

    (b)