18.104.22.168 Physical, Psychiatric or Intellectual Disability or Learning Difficulty Exemption for Under 18s
Circumstances of exemption
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:
- a physical, psychiatric or intellectual disability, OR
- learning difficulty.
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…
Duration of exemption
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…
Activity test (1.1.M.160) requirements
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(3) If subsection (5) applies in relation…, section 544DA(5)(b)(iii) …the person lacks capacity to undertake…
Policy reference: SS Guide 3.2.9 Mutual Obligation Requirements for NSA/YA Job Seekers - Suitable Activities, 22.214.171.124 Mutual Obligation Requirements for NSA/YA Job Seekers/YA Students - Exemptions - Temporary Incapacity