Document ID: chunk:federal_register_of_legislation:C2025C00162:section:729:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 729 (pt 2/5)
Character Range: 1010542–1013365

of lower employment prospects); and
 (da) the person is not disqualified for a youth allowance for the period because the person fails to satisfy the employment pathway plan requirements; and
 (db) the person is not disqualified for an austudy payment for the period because the person fails to satisfy the activity test within the meaning of section 569; and
 (dc) youth allowance is not payable to the person for the period and that result is not because of the operation of:
 (i) section 550B (youth allowance participation failure); or
 (ia) section 551 (repeated failure); or
 (ii) section 553B (move to an area of lower employment prospects); or
 (iii) subsection 42AL(1) of the Administration Act (payment suspension periods—persons other than declared program participants); or
 (iv) subsection 42AO(1) of that Act (unemployment preclusion periods—persons other than declared program participants); or
 (v) subsection 42AP(5) of that Act (post‑cancellation non‑payment periods—persons other than declared program participants); or
 (vi) subsection 42P(1) of that Act (serious failures—declared program participants); or
 (vii) subsection 42S(1) of that Act (unemployment non‑payment periods—declared program participants); or
 (viii) section 81 of that Act; and
 (dd) austudy payment is not payable to the person for the period and that result is not because of the operation of:
 (i) section 576A (austudy participation failure); or
 (ia) section 577 (repeated failure); or
 (ii) section 81 of the Administration Act; and
 (e) the Secretary is satisfied that the person is unable to earn a sufficient livelihood for the person and the person's dependants (if any) because of age, disability or domestic circumstances or for any other reason; and
 (f) the person:
 (i) is an Australian resident; or
 (v) is the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph; and
 (g) if the person is:
 (i) the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which this subparagraph applies; and
 (ii) a person to whom subsection (2A) applies;
  the person meets the additional criteria set out in subsection (2B); and
 (h) an assurance of support does not apply to the person at any time during the period (see subsection (2C)).
Note: For Australian resident see subsection 7(2).
 (2A) For the purposes of paragraph (2)(g), the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph (2)(g)(i) applies is a person to whom that first‑mentioned paragraph applies only if:
 (a)