Document ID: chunk:federal_register_of_legislation:C2025C00162:section:738
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 738
Character Range: 1033295–1035074

738  Payments under certain education schemes
 (1) Subject to subsections (2) and (3), a special benefit is not payable to a person:
 (a) who has turned 18; or
 (b) who satisfies both of the following:
 (i) the person has not turned 16;
 (ii) the person is not a SPB homeless person;
if a payment has been made or may be made in respect of the person for the same period under:
 (c) a prescribed educational scheme other than the ABSTUDY scheme to the extent that it applies to part‑time students; or
 (d) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or
 (e) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or
 (f) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full‑time students.
Note 1: For prescribed educational scheme see section 5.
Note 2: For SPB homeless person see section 739.
 (2) If:
 (a) a person may start a course of education on a full‑time basis; and
 (b) a payment under a scheme referred to in subsection (1) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (1), a special benefit is payable to the person for a period before the person starts the course.
 (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:
 (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.