Document ID: chunk:federal_register_of_legislation:C2004C01135:clause:3_3:p2
Version: federal_register_of_legislation:C2004C01135
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 2/8)
Character Range: 167934–170504

first condition is that, except for this point, youth allowance:
 (a) would not be payable to the person because the rate of youth allowance is calculated to be nil; or
 (b) would be calculated to be payable at a reduced rate.

 (3) The second condition is that the person gives to the Secretary, in writing:
 (a) evidence, or an estimate, that the amount of the actual means of the person's family for the tax year (the following tax year) immediately after the base tax year is substantially less than it was in the base tax year:
 (i) because of a circumstance or event that is beyond the control of the person and the person's family members; or
 (ii) because the person or a family member of the person is undertaking full‑time study in the following tax year; or
 (iii) because a designated parent of the person has ceased to be a parent of the kind referred to in paragraph 10B(3)(c), (d), (e), (f) or (g); and
 (b) if subparagraph (a)(i) applies—evidence of the circumstance or event concerned;
and, if the person gives an estimate as referred to in paragraph (a), the person agrees, in writing, to the person's rate of youth allowance being recalculated if the actual means of the person's family for the following tax year exceed the amount of the estimate.

 (4) For the purposes of subparagraph (3)(a)(i), an expected decrease in the profitability of a business is not ordinarily to be taken to be a circumstance or event that is beyond the control of the person and the person's family members.

 (5) The third condition is that the person's family actual means are unlikely to increase beyond the amount evidenced, or estimated, under paragraph (3)(a) for the 2 years beginning on the later of the following days:
 (a) 1 January in the following tax year; or
 (b) the day on which the amount of the family's actual means was reduced.

Making of request

 1067G‑G6(1)  A person to whom point 1067G‑G5 applies may request the Secretary, in accordance with a form approved by the Secretary, to make a determination under this point in relation to a youth allowance payment period.

 (2) If:
 (a) the person makes such a request; and
 (b) the youth allowance payment period to which the request relates ends on or after the later of:
 (i) the day on which the request is made; or
 (ii) 1 January in a year;
the Secretary must determine, subject to subpoint (3), that the appropriate tax year for the person in relation to the youth allowance payment period is the tax year immediately after the base tax year.

 (3) If the request is based on an estimate, the