Social Security (Class of Debts — Youth Allowance) Notice 2004

I, LARRY ANTHONY, Minister for Children and Youth Affairs, make this Notice under subsection 1237AB (1) of the Social Security Act 1991.

Dated 10 February 2004

LARRY ANTHONY

Minister for Children and Youth Affairs

 

 

1 Name of Notice

  This Notice is the Social Security (Class of Debts — Youth Allowance) Notice 2004.

2 Commencement

  This Notice commences on 2 April 2004.

3 Definitions

  In this Notice:

Act means the Social Security Act 1991.

parental income test means the parental income test under Module F of Part 3.5 of the Act.

specified Commonwealth benefit means a Commonwealth benefit mentioned in point 1067G-F3 of Submodule 2, Module F of Part 3.5 of the Act.

4 Class of debts

 (1) The class of debts specified is the class of debts that includes a debt incurred by a person in the following circumstances:

 (a) the person received youth allowance at any time between 1 July 1998 and 26 April 2003 (inclusive);

 (b) the parental income test applied to the person because the person was not independent;

 (c) between 1 July 2002 and 26 April 2003 (inclusive), Centrelink identified the person as exempt from the parental income test in respect of a particular youth allowance payment period occurring between 1 July 1998 and 26 April 2003 (inclusive) because a parent of the person was receiving a specified Commonwealth benefit during that period;

 (d) the person should not have been treated as exempt from the parental income test in respect of that payment period because neither of the person’s parents was receiving a specified Commonwealth benefit during that payment period;

 (e) because of the exemption, the person received a higher amount of youth allowance than the person was entitled to receive and therefore incurred a debt;

 (f) the Secretary is satisfied that, when the exemption applied to the person, the parent whose income circumstances had changed had actively notified Centrelink of the change in accordance with the parent’s notification obligations.

 (2) For paragraph (1) (f), a person’s parent is taken to have actively notified Centrelink of a change in circumstances in relation to his or her income if the parent told Centrelink about his or her change of circumstances in relation to his or her income by writing to, telephoning or attending a Centrelink office.