Document ID: chunk:federal_register_of_legislation:C2008A00149:clause:1_124
Version: federal_register_of_legislation:C2008A00149
Segment Type: clause
Provision Reference: sch 1 cl 124
Character Range: 5517–7020

124  Scope

 (1) This Part applies to a person (a schooling requirement person) in relation to another person (a child) at a particular time if:
 (a) either of the following applies at that time in relation to a schooling requirement payment:
 (i) a claim by the person for the payment is being determined (under this Act or the Veterans' Entitlements Act);
 (ii) a claim by the person for the payment has been granted, and the payment has not been cancelled (under this Act or the Veterans' Entitlements Act); and
 (b) either:
 (i) the child is a schooling requirement child of the person at that time; or
 (ii) the child was a schooling requirement child of the person at any time within a period provided by the schooling requirement determination before that time; and
 (c) the child is required, under a law of a State or Territory:
 (i) to be enrolled at a school; or
 (ii) to attend a school at times required under that law.

 (2) If this Part stops applying to a person while the person's schooling requirement payment is suspended under this Part, section 124J or 124N (each of which provides for when payments become payable after suspension) applies as if:
 (a) this Part continued to apply to the person; and
 (b) the reconsideration day for the purposes of the relevant section were the day on which this Part stopped applying; and
 (c) the Secretary were satisfied that subsection 124G(1) or 124L(1), as the case requires, no longer applied to the person as at the reconsideration day.