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SSAct Contents Title Page Reader's Guide Chapter 1 - Introductory Chapter 2 - Pensions, Benefits and Allowances Chapter 2A - Benefits and concessions other than payments Chapter 2B - Student financial supplement scheme Chapter 2C - Assurances of support Chapter 3 - General provisions relating to payability and rates Chapter 4 - International agreements and portability Chapter 5 - Overpayments and debt recovery Schedules NOTES Section Index Definition Index

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1067D.              Person required to live away from home

 

1067D.(1)          When a person is taken to be required to live away from home

 

1067D.(1)  A person is taken to be required to live away from home for the purposes of this Part if, and only if:

 

(a)
the person is not independent; and
(b)
the person does not live at the home of either or both his or her parents; and
(c)
the Secretary determines that:

 

(i)
the person needs to live away from home for the purpose of education, training, searching for employment or doing anything else in preparation for getting employment; or
(ii)
the likelihood of the person's getting employment will be significantly increased if the person lives away from home; or
(iii)
the person needs to live away from home because the person is a new apprentice.

 

Note:        For parent see section 5 (paragraph (a) of that definition).

 

History

S.1067D(1) inserted by Act No. 18, 1998, by s.4, Schedule 2(8);

S.1067D(1)(c)(iii) inserted by Act No. 66, 2005, by s.3, Schedule 1, Part 1(9);

 

1067D.(2)          Secretary may have regard to advice from case manager

 

1067D.(2)  In making a determination under paragraph (1)(c), the Secretary may have regard to any advice given by a case manager to whom the person has been referred under Part 4.3 of the Employment Services Act 1994.

 

History

S.1067D(2) inserted by Act No. 18, 1998, by s.4, Schedule 2(8);

 

1067D.(3)          Matters to which Secretary is to have regard

 

1067D.(3)  In making a determination under subparagraph (1)(c)(ii), the Secretary is to have regard to:

 

(a)
the overall employment prospects for young people in the areas where the home is situated and in the area where the person is living; and
(b)
matters relating to the person that would affect the likelihood of the person's getting employment in those areas.

 

History

S.1067D(3) inserted by Act No. 18, 1998, by s.4, Schedule 2(8);

 

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