Social Security (Administration) Act 1999

This section applies if, as at a particular day:

a schooling requirement person has been given an attendance notice; and

a schooling requirement payment is not payable to the person because subsection 124L(1) applies to the person as at that day.

Section 124L provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an attendance notice after the end of the initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).

The Secretary must:

if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the attendance notice—determine that the payment is to be suspended or cancelled; or

in any other case—determine that the payment is to be suspended.

The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular attendance notice.

Following suspension of a schooling requirement payment, the payment may become payable again under section 124N. Subsection 124M(3) allows for a further suspension of the payment even after the payment has become payable again.

The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.

An attendance notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)). The claim may be granted even if subsection 124L(1) applies to the person. However, in that event, the Secretary must suspend the payment under this section (before it has started).