Social Security Act 1991

Subject to subsection (2) of this section and sections 542B and 542C, a person has a temporary incapacity exemption if:

throughout the period the person does not have the capacity to undertake the course of education in respect of which the person is undertaking full‑time study because of sickness or an accident; and

the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and

the incapacity is, or is likely to be, of a temporary nature; and

the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:

the medical practitioner’s diagnosis; and

the medical practitioner’s prognosis; and

that the person is incapacitated for study; and

the period for which the person is incapacitated for study; and

the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from undertaking full‑time study.

Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full‑time study.

The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding whether paragraph (1)(b) or (c) applies to a person in respect of a period.

The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).

This section does not apply to a person who is qualified for a youth allowance under section 540A.