Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:10_110:p1
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 10 cl 110 (pt 1/2)
Character Range: 331665–334249

110  Youth allowance in place of newstart allowance (under 21 years), sickness allowance (under 21 years), youth training allowance and AUSTUDY living allowance (youth allowance age)

Continuing effect of certain determinations
 (1) If a determination, notice, statement or other instrument made or given under this Act in relation to a newstart allowance or sickness allowance for a person under 21 years was in force, or had effect, immediately before 1 July 1998, then, subject to clause 114, the determination, notice, statement or other instrument:
 (a) continues to be in force, or continues to have effect, on and after that day; and
 (b) may be amended or revoked;
as if it were a determination, notice, statement or other instrument made or given under this Act in relation to a youth allowance.
 (2) If a determination, notice, statement or other instrument made or given under the Student Assistance Act 1973 in relation to a youth training allowance:
 (a) was in force, or had effect; or
 (b) is to be taken to have been in force, or to have had effect;
immediately before 1 July 1998, that determination, notice, statement or other instrument:
 (c) continues, or is taken to continue, to be in force or to have effect, on and after that day; and
 (d) may be amended or revoked;
as if it were a determination, notice, statement or other instrument made or given under this Act in relation to a youth allowance.

Person of youth allowance age receiving AUSTUDY living allowance immediately before 1 July 1998
 (3) If an AUSTUDY living allowance was payable, or is to be taken to have been payable, immediately before 1 July 1998, to or in respect of:
 (a) a person who is of youth allowance age on that day; or
 (b) a person who, immediately before that day, was receiving rent assistance under regulation 102B of the AUSTUDY Regulations as then in force; or
 (c) a person referred to in paragraph 68(a) or (b) of the AUSTUDY Regulations as in force immediately before that day;
then, on and after that day:
 (d) a youth allowance is payable, or is to be taken to have been payable, to the person; and
 (e) subject to subclause (4), Part 2.11 applies to the person;
as if he or she had made a claim for youth allowance under that Part and the claim had been granted.
 (4) If:
 (a) youth allowance is payable, or is to be taken to have been payable, because of subclause (3), to a person referred to in paragraph (3)(b) or (c); and
 (b) the person ceases to undertake the course of study that the person was undertaking immediately before 1 July 1998;
youth allowance ceases