Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:11_131
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 11 cl 131
Character Range: 380711–382066

131  Transitional provisions—AUSTUDY payment for period ending on 3 July 1998
(1) If:
 (a) a payment of a benefit under the AUSTUDY scheme (including an advance payment) was made before the commencement day to a person in respect of a period that ends at the end of 3 July 1998; and
 (b) the payment would have been lawfully made under the SA Act if that Act were not amended by this Schedule;
that payment is taken to have been lawfully made as if the SA Act as in force immediately before the commencement day had continued in force.
(2) To avoid doubt, subitem (1) does not affect the working out of an amount of student assistance benefit overpayment under Part 6 of the SA Act.
(3) In spite of any provision in any other legislation:
 (a) a person's receipt of a benefit under the AUSTUDY scheme as referred to in subitem (1), to the extent that it relates to a period beginning on 1 July 1998 and ending at the end of 3 July 1998, is to be disregarded in working out the person's entitlement to any youth allowance or austudy payment under the Social Security Act 1991; and
 (b) any youth allowance or austudy payment under the Social Security Act 1991 that the person receives, to the extent that it relates to that period, is to be disregarded in working out the person's entitlement to a benefit that is authorised to be paid under subitem (1).