Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_578a
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 578A
Character Range: 59756–61215

578A  Person receiving payment under certain schemes

General
 (1) Subject to subsection (2), the schemes for the purposes of paragraph 578(b) are:
 (a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part‑time students; and
 (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and
 (c) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; and
 (d) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full‑time students; and
 (e) a LEAP program.
Note 1: For prescribed educational scheme see section 5.
Note 2: For LEAP program see subsection 23(1).

Application made under ABSTUDY Scheme
 (2) If:
 (a) a person is undertaking qualifying study in respect of a course of education that is to last for 6 months or more; and
 (b) an application is made for a payment in respect of the person under:
 (i) the ABSTUDY Schooling Scheme; or
 (ii) the ABSTUDY Tertiary Scheme; and
 (c) the person was receiving an austudy payment immediately before the start of the course;
the Secretary may decide that the person is not subject to a multiple entitlement exclusion, because of subsection (1), before:
 (d) the application is determined; or
 (e) the end of the period of 3 weeks beginning on the day on which the course starts;
whichever happens first.