Special case qualification and payability
11 Special case qualification and payability
If:
an amount is paid to a person as an instalment of Australian apprenticeship support loan in relation to an instalment period of the person; and
apart from this section, some or all of the amount is not payable to the person in relation to the instalment period; and
the Secretary determines that this subsection is to apply to the person;
then:
the amount that was paid to the person is taken to have been an instalment of Australian apprenticeship support loan; and
the person is taken to have been qualified for Australian apprenticeship support loan, and Australian apprenticeship support loan is taken to have been payable to the person, in relation to the instalment period.
The rules may prescribe circumstances in which the Secretary is to determine that subsection (1) is, or is not, to apply to a person.
If:
an amount paid to a person is taken under subsection (1) to have been an instalment of Australian apprenticeship support loan in relation to an instalment period; and
an instalment of Australian apprenticeship support loan (a later instalment) is payable (or would apart from this subsection be payable) to the person in relation to a later instalment period;
the Secretary may determine that the amount of the later instalment is to be reduced (including reduced to nil). However, the sum of all such reductions connected with the amount mentioned in paragraph (a) must not exceed that amount.
The rules may prescribe circumstances in which the Secretary is to determine under subsection (3) that amounts of later instalments are to be reduced.
This Act’s bill:Explanatory memorandumSecond reading speech
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