Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:5_550:p2
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 5 cl 550 (pt 2/2)
Character Range: 131394–133465

(2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the youth allowance participation failure referred to in subsection (1).

Subsequent failures in the same instalment period

 (3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a youth allowance participation failure, the failure is not a youth allowance participation failure if:
 (a) the instalment period is the person's first instalment period for youth allowance; or
 (b) the instalment period is not the person's first instalment period for youth allowance, and:
 (i) the person did not commit a youth allowance participation failure in the immediately preceding instalment period of the person; or
 (ii) in respect of each youth allowance participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary notified in respect of that failure.

Failures covered by section 547AA

 (4) Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if it results in youth allowance not being payable to the person under section 547AA.

Full‑time study

 (5) Paragraphs (1)(c) to (j) do not apply to a failure if the person is undertaking full‑time study.

Note: For undertaking full‑time study see section 541B.

New apprentices

 (6) Subsection (1) does not apply to a failure if the person is a new apprentice.

Note: For new apprentice see subsection 23(1).

Failures relating to participation in approved programs of work

 (7) Paragraph (1)(f) does not apply to a failure if:
 (a) the person is under 60; and
 (b) a determination under paragraph 28(4)(b) is in force in relation to the person.

Effect of paragraph (1)(j)

 (8) Paragraph (1)(j) does not limit the scope of paragraph (1)(d).