1117E

Allocating Division 3 work income to entitlement periods—youth training allowance

In force

When this section applies

(1)

This section applies in relation to Division 3 work income of a person earned, derived or received before 1 July 1998.

(2)

After the validation time, the Division 3 work income is to be treated in accordance with this section for the purposes of the following legislation (the relevant legislation):

(a)

the Student Assistance Act 1973;

(b)

the social security law as it relates to youth training allowance.

(3)

To avoid doubt, this section applies in relation to treatment of Division 3 work income whether in connection with a decision or review of a decision (including review under the relevant legislation or review by the ART).

(4)

This section does not apply in relation to treatment of Division 3 work income in relation to former farm household support.

First approach—entitlement period in which income earned

(5)

If the YTA entitlement period in which the Division 3 work income was earned can be identified from the information held by the person applying this Division in connection with a decision or review of a decision, treat the Division 3 work income as if it had been first earned, derived or received in that YTA entitlement period.

Second approach—income apportionment

(6)

If:

(a)

subsection (5) does not apply; and

(b)

the payroll period to which the Division 3 work income relates can be identified from the information held by the person applying this Division in connection with a decision or review of a decision;

treat the Division 3 work income as if it had been first earned, derived or received by the person as an amount equal to the total amount for the YTA entitlement period in each YTA entitlement period that includes one or more days in that payroll period.

(7)

For the purposes of subsection (6), the total amount for a YTA entitlement period is worked out in accordance with the YTA income apportionment method statement.

Third approach—entitlement period in which income received

(8)

If subsections (5) and (6) do not apply, treat the Division 3 work income as if it had been first earned, derived or received in the YTA entitlement period in which the person receives the Division 3 work income.

Priority of provisions

(9)

This section applies subject to Division 2.

(10)

If, disregarding this section:

(a)

a provision of the relevant legislation required the Division 3 work income to be taken into account in the fortnight in which it is first earned, derived or received; and

(b)

that requirement was subject to another provision of the relevant legislation;

this section applies subject to the provision mentioned in paragraph (b).

(11)

Apart from subsections (9) and (10), this section applies despite:

(a)

any other provision of the relevant legislation; and

(b)

any other law of the Commonwealth.

This Act’s bill:Explanatory memorandum Second reading speech

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