Social Security Act 1991

Subject to this section, the person has attained the minimum age for youth allowance if the person:

is at least 16 years old; or

is 15 years old and is independent.

For independent see section 1067A.

Subject to subsections (2AA), (2A) and (2B), a person who satisfies paragraph (1)(a) or (b) but is not yet 18 years old is not taken under subsection (1) to have attained the minimum age for youth allowance unless the person:

has completed the final year of secondary school, or an equivalent level of education; or

is undertaking full‑time study; or

has entered into or agreed to enter into an employment pathway plan; or

is a new apprentice.

Paragraph (2)(b) does not apply to a person who is aged 16 or 17 and who is undertaking full‑time study in respect of a secondary course at a secondary school (within the meaning of the Student Assistance Act 1973) or at a TAFE institution unless:

the person is independent (see section 1067A); or

the person is taken by section 1067D to be required to live away from home; or

the person was receiving youth allowance immediately before starting that course; or

the Secretary determines that the person is not benefiting from family tax benefit that is being paid to the person’s parents.

For the purposes of subsection (2AA), a secondary course is a course that is determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.

Subject to subsection (2B), subsection (2) does not apply to the person if the Secretary considers that the person does not have the capacity to undertake full‑time study or training because he or she:

is ill or has had an accident and the incapacity is, or is likely to be, of a temporary nature; or

has a physical, psychiatric or intellectual disability, or a learning difficulty such as attention deficit disorder; or

is pregnant and the expected date of confinement is within 6 weeks; or

has given birth within the previous 6 weeks; or

has been refused enrolment and no other education or training place is available within a reasonable distance; or

is required to provide full‑time care for a family member who is incapacitated due to illness or accident and the incapacity is, or is likely to be, of a temporary nature; or

has suffered a personal crisis such as the death of an immediate family member, a marriage breakup, family dislocation or physical, emotional or sexual abuse; or

is homeless and unable to obtain stable accommodation; or

has suffered a major disruption of their home such as fire damage, flooding, earthquake damage, vandalism or burglary; or

suffers from alcohol or drug abuse sufficient to cause intermittent or temporary absences from full‑time study or training; or

is engaged in part‑time work, education, training or a combination of these for not less than 25 hours per week; or

is a refugee whose capacity to undertake full‑time education is reduced because:

the person has suffered torture, imprisonment or other traumatic circumstances; or

lacks sufficient English skills; or

is recently arrived and lacks stable accommodation; or

is the subject of a community service or juvenile justice order which reduces the person’s capacity to engage in full‑time education; or

is receiving Commonwealth funded intensive assistance for jobseekers or State, Territory or community provided case management approved by the Secretary or, where no intensive assistance or case management place is available to the person, is suitable for and agrees to undertake intensive assistance or case management; or

is in other circumstances which, in the opinion of the Secretary, make it unreasonable for the person to be in full‑time education or training.

If the following circumstances exist in relation to the person in respect of a period (the qualifying period):

except for paragraph 540(1)(b), the person would be qualified for a youth allowance in respect of the qualifying period;

the person is taken to have attained the minimum age for youth allowance in respect of the qualifying period only because one or more of the grounds (the precluding grounds) referred to in subsection (2A) preclude subsection (2) from applying to the person;

if the only precluding ground is the ground referred to in paragraph (2A)(c) or (d)—6 weeks; or

if the only precluding ground is the ground referred to in paragraph (2A)(h) or (j)—2 weeks; or

if the only precluding ground is the ground referred to in paragraph (2A)(l)—the period for which the work, education or training lasts; or

if the only precluding grounds are 2 or more of the grounds referred to in paragraphs (2A)(c), (d), (h), (j) and (l)—the longer or longest period prescribed by paragraphs (c), (d) and (e) of this subsection in relation to those precluding grounds; or

otherwise—13 weeks or such longer period as the Secretary approves.

For the purposes of this section, the person cannot be taken to be independent unless the person:

has reached the minimum school leaving age for the State or Territory in which the person is living; or

is the subject of a formal exemption from attending school granted by the education authority of that State or Territory.