Document ID: chunk:federal_register_of_legislation:C2004A00731:clause:1_7
Version: federal_register_of_legislation:C2004A00731
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 7502–8791

7  At the end of Subdivision B of Division 1 of Part 2.7
Add:

321A Exclusion of certain participants in ABSTUDY Scheme

 (1) If:
 (a) a payment is made in respect of a person under the ABSTUDY Scheme; and
 (b) the payment is made on the basis that the person is a full‑time student; and
 (c) in the calculation of the payment, an amount identified as living allowance (the basic payment) is included; and
 (d) the payment relates to a period;
bereavement allowance is not payable to the person in respect of any part of the period.

 (2) If:
 (a) a person is qualified for a payment under the ABSTUDY Scheme; and
 (b) the payment for which the person is qualified is a payment that:
 (i) is made on the basis that the person is a full‑time student; and
 (ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and
 (iii) relates to a period;
bereavement allowance is not payable to the person in respect of any part of the period.

 (3) If:
 (a) a person may enrol in a full‑time course of education; and
 (b) a payment referred to in subsection (2) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (2), bereavement allowance is payable to the person before the person starts the course.