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This exemption may apply when there is a locally accessible approved course of education or training available, but the young person lacks capacity to undertake the course because the young person has:
Example of learning difficulty: Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder or a limited activity capacity because of permanent physical disability.
Act reference: SSAct section 544DA(5)(b)(iii) ... the person lacks capacity..., section 543A(2A)(b) ... has a physical, psychiatric or intellectual disability...
Policy reference: SS Guide 1.1.A.40 Activity test (NSA, YA (job seekers)), 3.2.11.90 Activity Test for YA Early School Leavers - Inability to Secure an Appropriate Place
The recipient can be given an exemption for up to 13 weeks. The exemption can be extended, but must be reviewed regularly after 13 weeks. In situations where the young person's limited study capacity is likely to be permanent in nature the exemption may be extended to a period as determined appropriate by the delegate.
Act reference: SSAct section 543A(2A)(b) ... has a physical, psychiatric or intellectual disability..., section 543A(2B) If the following circumstance exist...
The full-time study exemption does not necessarily exempt the young person from the activity test. Delegates have discretion to determine whether activity testing is required. Young people who, because of a physical, psychiatric or intellectual disability or learning difficulty, are unable to study or undertake training full-time are still expected to undertake activities appropriate to their capacity. Activities may include participation in life skills training and alternative education programs if available, and an EPP is required.
Act reference: SSAct section 543A(2A)(b) ... has a physical, psychiatric or intellectual disability..., section 544DA Youth Allowance Employment Pathway Plans-early school leavers, see (3) and (5)(b)(iii)
Policy reference: SS Guide 3.2.9 Activity Testing for NSA/YA Job Seekers - Suitable Activities, 3.2.11.10 Activity Test for NSA/YA Job Seekers - Exemptions - Temporary Incapacity
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Last reviewed: 7 February 2011
