Social Security Act 1991

This section applies if:

a person has lodged a claim for austudy payment; and

at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.

For seasonal work see subsection 16A(1).

Austudy payment is not payable to the person:

if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

For seasonal work preclusion period see subsection 16A(1).

If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

the determination has effect accordingly.

For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) or subsection 19C(3) (person who is a member of a couple).

For unavoidable or reasonable expenditure see subsection 19C(4).