Social Security Act 1991

A person is qualified for fares allowance for a journey by the person if:

during a period (the relevant period) that is the whole or a part of a study year the person undertakes an approved tertiary course (the approved course) at an educational institution in Australia (the relevant educational institution); and

during the relevant period the person is receiving one or more of the following forms of financial assistance:

youth allowance because the person is undertaking full‑time study;

youth allowance where the only term of the relevant employment pathway plan is a term to the effect that the person has to undertake an approved course of education or study under subsection 541B(5);

austudy payment;

pensioner education supplement; and

during the relevant period the person’s permanent home is in Australia; and

either:

subsection (2) or (3) applies in respect of the person for the study year; or

subsection (4) or (5) applies in respect of the person in relation to the journey; and

either section 1061ZAAB or 1061ZAAC applies in respect of the journey; and

the journey has been made or, if it has not been made, the Secretary is satisfied that:

the person intends to make the journey; and

the person’s means of travel for the journey will be provided by a commercial operator.

A person is taken to be receiving a form of financial assistance referred to in paragraph (b) even though the person has traded in, or traded back, the assistance to obtain a financial supplement.

This subsection applies in respect of the person for the study year if, during the relevant period, the person:

has a partner, or a dependent child, living at the person’s permanent home; and

is required to live away from his or her permanent home in order to undertake the approved course.

This subsection applies in respect of the person for the study year if, during the relevant period, the person is enrolled as an external student for the approved course.

This subsection applies in respect of the person in relation to the journey if:

during the relevant period, the person:

is receiving youth allowance as referred to in subparagraph (1)(b)(i) or (ii); and

is required to live away from home within the meaning of Part 3.5 (see section 1067D); and

the person is not independent when the journey is made.

This subsection applies in respect of the person in relation to the journey if:

during the relevant period, the person:

is receiving youth allowance as referred to in subparagraph (1)(b)(i) or (ii); and

is required to live away from home within the meaning of Part 3.5 (see section 1067D); and

during the study year and before the journey was made the person became independent because of subsection 1067A(4), (10) or (14); and

if the journey had been made in the study year before the person became independent, subsection (4) would have applied in respect of the person in relation to the journey.

A person is not qualified for a fares allowance in respect of a journey made before the commencement of this section (see clause 126 of Schedule 1A).