Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:5_550b
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 5 cl 550B
Character Range: 134526–137253

550B  Allowance not payable because of youth allowance participation failure

General

 (1) A youth allowance is not payable to a person, for the period starting in accordance with section 550C and ending in accordance with section 550D, if:
 (a) the person commits a youth allowance participation failure; and
 (b) the Secretary requires the person:
 (i) to comply with the requirement, or undertake the activity, to which the youth allowance participation failure relates; or
 (ii) to comply with a particular requirement, or undertake a particular activity, in place of the requirement or activity to which the failure relates;
  during the participation failure instalment period for the failure, or at a particular time during that period; and
 (c) the person fails to comply with the requirement.
However, paragraphs (b) and (c) do not apply in relation to a youth allowance participation failure of a kind referred to in paragraph 550(1)(h), (i) or (j).

Reasonable excuse etc.

 (2) This section does not apply in relation to the failure if:
 (a) the Secretary is satisfied that the person had a reasonable excuse for the failure referred to paragraph (1)(c); or
 (b) the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.

 (2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for a failure of a kind referred to in paragraph (1)(c).

 (2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for the failure referred to in paragraph (1)(c).

Meaning of participation failure instalment period

 (3) The participation failure instalment period for the youth allowance participation failure is:
 (a) if the failure is a failure of a kind referred to in paragraph 550(1)(h) or (i), the next instalment period of the person to start after the end of the period specified in the notice under subsection 550A(1) to which the failure relates; or
 (b) if the failure is a failure of a kind referred to in paragraph 550(1)(j), the next instalment period of the person to start after the end of the period referred to in subparagraph 550(1)(j)(iii); or
 (c) otherwise—the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.

Failures covered by section 551

 (4) This section does not apply to a youth allowance participation failure if section 551 applies to the failure.