Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p14
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 37488–40410

on the day on which the course starts.".

SCHEDULE 6—continued

7. Subsection 738(1):

Omit "subsection (2)", substitute "subsections (2) and (3)".

8. Subsection 738(2):

Omit "notwithstanding", substitute ", in spite of'.

9. Section 738:

Add at the end:

"(3) If:

(a) a person enrols in a full-time course of education; and

(b) an application is made for a payment in respect of the person under:

(i) the AUSTUDY scheme; or

(ii) the ABSTUDY Schooling scheme; or

(iii) the ABSTUDY Tertiary scheme; and

(c) the person was receiving special benefit immediately before the start of the course;

the Secretary may decide that, in spite of subsection (1), special benefit is payable to the person for the period of 3 weeks commencing on the day on which the course starts.".

___________

SCHEDULE 7 Section 4

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE DATE OF EFFECT OF CERTAIN DETERMINATIONS AFFECTING JOB SEARCH ALLOWANCE, NEWSTART ALLOWANCE AND PARTNER ALLOWANCE

1. Subsection 588(5):

Omit "If', substitute "Subject to subsection (6), if".

2. After subsection 588(5):

Insert:

Section 575 statements

"(6) If the favourable determination is made following a person having given the Department a statement about a matter in accordance with section 575, the determination takes effect on the day on which the matter arose.".

3. Subsection 589(2):

Omit "The", substitute "Subject to subsection (9), the".

4. Section 589:

Add at the end:

Section 575 statements

"(9) If the adverse determination is made following a person having given the Department a statement about a matter in accordance with section 575, the determination takes effect on the day on which the matter arose.".

5. Subsection 660K(5):

Omit "If', substitute "Subject to subsection (6), if".

6. After subsection 660K(5):

Insert:

Section 658 statements

"(6) If the favourable determination is made following a person having given the Department a statement about a matter in accordance with section 658, the determination takes effect on the day on which the matter arose.".

7. Subsection 660L(2):

Omit "The", substitute "Subject to subsection (9), the".

SCHEDULE 7—continued

8. Section 660L:

Add at the end:

Section 658 statements

"(9) If the adverse determination is made following a person having given the Department a statement about a matter in accordance with section 658, the determination takes effect on the day on which the matter arose.".

9. Subsection 771NR(5):

Omit "If*, substitute "Subject to subsection (5A), if".

10. After subsection 771NR(5):

Insert:

Section 771MD statements

"(5A) If the favourable determination is made following a person having given the Department a statement about a matter in accordance with section 771MD, the determination takes effect on the day on which the matter arose.".

11. Subsection 771NS(2):

Omit "The", substitute "Subject to subsection (9), the".