Social Services and Other Legislation Amendment Act 2014 (14 of 2014)

Schedule 3   Family tax benefit and eligibility rules

A New Tax System (Family Assistance) Act 1999

10   Subsection 22B(2)

Repeal the subsection, substitute:

Exemption from full-time study requirement

(2) This subsection applies in relation to the individual if:

(a) there is no locally accessible approved course of education or study (including any such course available by distance education); or

(b) where there is such a course:

(i) there is no place available on the course for the individual; or

(ii) the individual is not qualified to undertake the course; or

(iii) the individual lacks capacity to undertake the course because the individual has a physical, psychiatric or intellectual disability or a learning disability such as attention deficit disorder; or

(c) in the Secretary's opinion, special circumstances exist that make it unreasonable to require the individual to undertake an approved course of education or study.

Determination of full-time study hours

(2A) For the purposes of subparagraph (1)(b)(i) or (ia), if the Secretary determines that it is appropriate to do so having regard to an individual's circumstances, the Secretary may determine that the normal amount of full-time study for the individual in respect of a course is to be a number of hours per week specified in the determination, averaged over the duration of the period for which the individual is enrolled in the course.