Social Security (Job Search and Newstart) Amendment Act 1991 (Cth)
Social Security (Job Search and Newstart) Amendment Act 1991
PART 1—PRELIMINARY
Section | |
1. | Short title |
2. | Commencement |
PART 2—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 | |
3. | Principal Act |
4. | Insertion of new section: |
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5. | Insertion of new section: |
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6. | General definitions |
7. | Repeal of Parts and substitution of new Parts: |
PART 2.11—JOB SEARCH ALLOWANCE
513. | Qualification for job search allowance |
514. |
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515. | Job search allowance may continue to end of payment period |
516. |
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517. |
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518. |
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519. |
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520. |
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Section | |
521. | Prospective determinations for some allowees |
522. | Activity test |
523. | Relief from activity test—general |
524. | Relief from activity test—certain allowees under 18 engaged in voluntary work |
525. | Relief from activity test—certain allowees over 55 engaged in voluntary work |
526. | Job search allowance not payable in certain situations |
527. | Provision of tax file number |
528. | Provision of partner’s tax file number |
529. | Assets test—allowance not payable if assets value limit exceeded |
530. | Value of assets of members of couples |
531. | Full-time students |
532. | Multiple entitlement exclusion |
533. | Provisional commencement day |
534. | Commencement of job search allowance |
535. | Unused annual leave waiting period |
536. | Notional leave period |
537. | Duration of unused annual leave waiting period |
538. | Ordinary waiting period |
539. | Duration of ordinary waiting period |
540. | Education leavers waiting period |
541. | Duration of education leavers waiting period |
542. | Removal from allowance for failure to satisfy activity test |
543. | Secretary may require a person to attend the Department or CES etc. |
544. | Unemployment due to voluntary act |
545. | Unemployment due to misconduct |
546. | Refusal of job offer |
547. | Removal from allowance for failure to comply with notification requirements |
548. | Removal from allowance for failure to continue CES registration |
549. | Seasonal workers |
550. | Move to area of lower employment prospects |
551. | Need for a claim |
552. | Form of claim |
553. | Lodgment of claim |
554. | Claimant must be Australian resident and in Australia |
555. | Secretary may require claimant to give statement of partner’s tax file number |
556. | Secretary to determine claim |
557. | Grant of claim |
Section | |
558. | Date of effect of determination |
559. | How to work out a person’s job search allowance rate |
560. | Job search training supplement |
561. | JSA recipient may ask Secretary to change appropriate tax year |
562. | Commencement of job search allowance |
563. | Instalments |
564. | Instalments for period less than a fortnight |
565. | Rounding off instalment |
566. | Manner of payment |
567. | Nominee payments |
568. | Payment into bank account etc. |
569. | Where allowance payday would fall on public holiday etc. |
570. | Payment of allowance after death |
571. | Job search allowance to be absolutely inalienable |
572. | Effect of garnishee or attachment order |
573. | Secretary may require recipient to give statement of partner’s tax file number |
574. | Secretary may require notice of the happening of an event or a change in circumstances |
575. | Secretary may require recipient to give particular information relevant to payment of job search allowance |
576. | Self-incrimination |
577. | Continuing effect of determination |
578. | Automatic termination—transfer to new payment type |
579. | Automatic termination—recipient |
580. | Automatic termination—recipient |
581. | Automatic termination—failure to provide section 575 statement |
582. | Automatic rate reduction—partner starting to receive pension or benefit |
583. | Automatic rate reduction—recipient |
584. | Rate increase determination |
585. | Rate reduction determination |
586. | Cancellation or suspension determination |
Section | |
587. | Resumption of payment after cancellation or suspension |
588. | Date of effect of favourable determination |
589. | Date of effect of adverse determination |
590. | Bereavement payments on death of dependent child |
591. | Continued payment of child-related amounts |
592. | Lump sum payable in some circumstances |
PART 2.12—NEWSTART ALLOWANCE | |
593. | Qualification for newstart allowance |
594. | Effect of incapacity on qualification |
595. | Persons may be treated as unemployed |
596. | Unemployment due to industrial action |
597. | Move to area of lower employment prospects |
598. | Liquid assets test disqualification |
599. | Registration by CES |
600. | Prospective determinations for some allowees |
601. | Activity test |
602. | Relief from activity test—certain persons over 55 in employment |
603. | Relief from activity test—general |
604. | Newstart Activity Agreements |
605. | Newstart Activity Agreements—requirement |
606. | Newstart Activity Agreements—terms |
607. | Newstart Activity Agreements—failure to negotiate |
608. | Newstart allowance not payable in certain situations |
609. | Provision of tax file number |
610. | Provision of partner’s tax file number |
611. | Assets test—allowance not payable if assets value limit exceeded |
612. | Value of assets of members of couples |
613. | Full-time students |
614. | Multiple entitlement exclusion |
615. | Provisional commencement day |
616. | Commencement of newstart allowance |
617. | Unused annual leave waiting period |
618. | Notional leave period |
619. | Duration of unused annual leave waiting period |
620. | Ordinary waiting period |
621. | Duration of ordinary waiting period |
Section | |
622. | Education leavers waiting period |
623. | Duration of education leavers waiting period |
624. | Removal from allowance for failure to satisfy activity test |
625. | Removal from allowance for failure to enter Newstart Activity Agreement |
626. | Removal from allowance for failure to comply with Newstart Activity Agreement |
627. | Secretary may require a person to attend the Department or CES etc. |
628. | Unemployment due to voluntary act |
629. | Unemployment due to misconduct |
630. | Refusal of job offer |
631. | Removal from allowance for failure to comply with notification requirements |
632. | Removal from allowance for failure to continue CES registration |
633. | Seasonal workers |
634. | Move to area of lower employment prospects |
635. | Need for a claim |
636. | Form of claim |
637. | Lodgment of claim |
638. | Claimant must be Australian resident and in Australia |
639. | Secretary may require claimant to give statement of partner’s tax file number |
640. | Secretary to determine claim |
641. | Grant of claim |
642. | Date of effect of determination |
643. | How to work out a person’s newstart allowance rate |
644. | Newstart training supplement |
645. | Commencement of newstart allowance |
646. | Instalments |
647. | Instalments for period less than a fortnight |
648. | Rounding off instalment |
649. | Manner of payment |
650. | Nominee payments |
651. | Payment into bank account etc. |
652. | Where allowance payday would fall on public holiday etc. |
653. | Payment of allowance after death |
654. | Newstart allowance to be absolutely inalienable |
655. | Effect of garnishee or attachment order |
Section | ||
656. | Secretary may require recipient to give statement of partner’s tax file number | |
657. | Secretary may require notice of the happening of an event or a change in circumstances | |
658. | Secretary may require recipient to give particular information relevant to payment of newstart allowance | |
659. | Self-incrimination | |
660. | Continuing effect of determination | |
660a. | Automatic termination—transfer to new payment type | |
660b. | Automatic termination—recipient | |
660c. | Automatic termination—recipient | |
660d. | Automatic termination—failure to provide section 658 statement | |
660e. | Automatic rate reduction—partner starting to receive pension or benefit | |
660f. | Automatic rate reduction—recipient | |
660g. | Rate increase determination | |
660h. | Rate reduction determination | |
660i. | Cancellation or suspension determination | |
660j. | Resumption of payment after cancellation or suspension | |
660k. | Date of effect of favourable determination | |
660l. | Date of effect of adverse determination | |
660m. | Bereavement payments on death of dependent child | |
660n. | Continued payment of child-related amounts | |
660o. | Lump sum payable in some circumstances | |
8. | Newstart allowance | |
9. | Job search allowees under 18 | |
10. | Qualification for sickness benefit | |
11. | Secretary may review decisions | |
12. | Application for review | |
13. | Application of Part | |
14. | Application requirement for certain decisions | |
15. | Non-reviewable decisions | |
16. | Insertion of new section: | |
1252a. | Automatic payment if review of section 607 terms decision sought | |
17. | SSAT review powers (decisions other than rate of return decisions and Newstart Activity Agreement decisions) | |
Section | ||
| Insertion of new section: | |
1254a. | SSAT review powers (Newstart Activity Agreement decision) | |
| Date of effect of SSAT decisions (other than rate of return decisions and Newstart Activity Agreement decisions) | |
| Insertion of new section: | |
1256a. | Date of effect of SSAT decision (Newstart Activity Agreement decision) | |
| Insertion of new section: | |
1298A. | The Secretary and the Employment Secretary may agree on administrative arrangements | |
| Delegation | |
| Authorised review officers | |
| Annual Report | |
| Appropriation | |
| Consequential amendments | |
| Transitional—allowances | |
| Transitional—no payment under repealed Parts | |
| Transitional—delegation | |
PART 3—AMENDMENT OF THE HEALTH INSURANCE ACT 1973 | ||
| Principal Act | |
| Interpretation | |
PART 4—AMENDMENT OF THE NATIONAL HEALTH ACT 1953 | ||
| Principal Act | |
| Interpretation | |
SCHEDULE | ||
CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 | ||
An Act to amend the law relating to social security to provide for certain new allowances, and for related purposes
[
The Parliament of Australia enacts:
Note: The
3. In this Part,
“Principal Act” means theSocial Security Act 1991 1 .
After section 5 of the Principal Act, the following section is inserted:
“5a. In Parts 2.11 and 2.12, unless the contrary intention appears:
(a) the partner, father or mother of the person; or
(b) a sister, brother or child of the person; or
(c) another person who the Secretary considers should be treated for the purposes of those Parts as one of the person’s relations described in paragraph (a) or (b).”.
“14a. (1) In this Act, unless the contrary intention appears:
(a) the person’s shares and debentures in a public company within the meaning of the
Companies Act 1981 ; and(b) amounts deposited with, or lent to, a bank or other financial institution by the person (whether or not the amount can be withdrawn or repaid immediately); and
(c) amounts due, and able to be paid, to the person by, or on behalf of, a former employer of the person;
but does not include an amount that is a qualifying eligible termination payment for the purposes of Subdivision AA of Part III of the Income Tax Assessment Act;
(a) if the person is not a member of a couple and does not have a dependent child—$5,000; or
(b) in any other case—$10,000.
“(2) For the purposes of this Act, a person’s liquid assets are to be taken to include:
(a) the liquid assets of the person’s partner; and
(b) the liquid assets of the person and the person’s partner.
“(3) If:
(a) during the 4 weeks immediately before a person claims job search allowance, newstart allowance or sickness benefit, the person or the person’s partner transfers liquid assets to a person of any age who is the natural or adopted child of the person or the partner; and
(b) either:
(i) the person transferring receives no consideration or inadequate consideration, in money or money’s worth for the transfer; or
(ii) the Secretary is satisfied that the purpose, or the dominant purpose, of the transfer was to enable the claimant to obtain job search allowance, newstart allowance or sickness benefit;
then the transfer is to be taken, for the purposes of this section, not to have occurred.”.
6. Section 23 of the Principal Act is amended:
(a) by omitting from subsection (1) the definitions of “JSA automatic deferment provision” and “JSA discretionary deferment provision” and substituting the following definitions:“
‘JSA automatic deferment provision’ (job search allowance deferment provision) means:
(a) subsection 542 (1) (failure to satisfy activity test); or
(b) subsection 543 (3) (failure to comply with Secretary’s requirements); or
(c) subsection 544 (1) (unemployment due to voluntary act); or
(d) subsection 545 (1) (unemployment due to misconduct); or
(e) subsection 546 (1) (refusal of job offer); or
(f) subsection 547 (1) (failure to comply with notification requirement);
‘JSA discretionary deferment provision’ (job search allowance discretionary deferment provision) means:
(a) subsection 543 (1) (failure to comply with Secretary’s requirements); or
(b) subsection 548 (1) (failure to continue CES registration); or
(c) subsection 549 (1) (seasonal workers); or
(d) subsection 550 (1) (lower employment prospects);”;
“
‘automatic deferment provision’ means:
(a) a JSA automatic deferment provision; or
(b) a NS automatic deferment provision; or
(c) section 126 of the
Social Security Act 1947 ;
‘Employment Department’ means the Department of Employment, Education and Training;
‘Employment Secretary’ means the Secretary to the Employment Department;
‘NS allowance automatic deferment provision’ (newstart automatic allowance deferment provision) means:
(a) subsection 624 (1) (failure to satisfy activity test); or
(b) subsection 625 (1) (failure to enter Newstart Activity Agreement); or
(c) subsection 626 (1) (failure to comply with Newstart Activity Agreement); or
(d) subsection 627 (3) (failure to comply with Secretary’s requirements); or
(e) subsection 628 (1) (unemployment due to voluntary act); or
(f) subsection 629 (1) (unemployment due to misconduct); or
(g) subsection 630 (1) (refusal of job offer); or
(h) subsection 631 (1) (failure to comply with notification requirements);
‘NS discretionary deferment provision’ (newstart allowance discretionary deferment provision) means:
(a) subsection 627 (1) (failure to comply with Secretary’s requirements); or
(b) subsection 632 (1) (failure to continue CES registration); or
(c) subsection 633 (1) (seasonal workers); or
(d) subsection 634 (1) (lower employment prospects);”;
“(4a) A person registered by the CES as being unemployed is registered in an
allowance category as being unemployed if the person is registered in a category approved by the Employment Secretary for the purposes of Parts 2.11 and 2.12 as being unemployed.Note: the CES registers the unemployed in various categories. To be qualified for a job search allowance or a newstart allowance a person must be registered in one of those categories that has been approved for the purposes of those allowances.” ;
“(10a) If a person is subject to a liquid assets test disqualification period for a social security benefit, the person
is to be taken to have
served the disqualification period if, and only if:
(a) the disqualification period has ended; and
(b) the person was, apart from the liquid assets test provision concerned, qualified for the benefit throughout so much of the disqualification period as occurs after the claim for the benefit was made.
“(10b) For the purposes of subsection (10a), the liquid assets test provisions are sections 519 and 598.”.
7. Parts 2.11 and 2.12 of the Principal Act are repealed and the following Parts substituted:
“513. Subject to sections 514, 515 and 519, a person is qualified for a job search allowance in respect of a period if:
(a) the person satisfies the Secretary that throughout the period the person is unemployed; and
(b) throughout the period, or for each period within the period, the person either:
(i) satisfies the activity test; or
(ii) is not required to satisfy the activity test; and
(c) throughout the period, the person:
(i) is at least 16 and has not reached the pension age; and
(ii) is an Australian resident; and
(iii) is in Australia; and
(iv) is registered by the CES in an allowance category as being unemployed; and
(d) throughout the period, or throughout each period within the period, the person:
(i) has not turned 18; or
(ii) has turned 18 but has not been registered as required by subparagraph (c) (iv) for longer than 12 months.
Note 1: a person may be treated as unemployed (see section 516).
Note 2: the activity test is set out in section 522.
Note 3: ‘CES’ means Commonwealth Employment Service (see section 23).
Note 4: for ‘pension age’ see section 23.
Note 5: for ‘Australian resident’ see section 7.
Note 6: for ‘allowance category’ see subsection 23 (4a).
Note 7: a person may not be qualified if the person’s unemployment is due to industrial action (see section 517).
Note 8: a person may not be qualified if the person has reduced the person’s employment prospects by moving to an area of lower employment prospects (see section 518).
Note 9: where circumstances beyond a person’s control prevent the person from being registered by the CES, this requirement may be waived (see section 520).
Note 10: a person unregistered by the CES for up to 6 weeks may be taken to be registered (see section 520).
Note 11: a job search allowance is not payable in certain situations even if the person is qualified (see Subdivisions C, D or E).
Note 12: a job search allowance may continue to be paid during incapacity (see section 514).
Note 13: qualification for a job search allowance may continue to end of last pay period (see section 515).
“514. (1) In this section:
(a) for which the person would be qualified for a sickness benefit under section 666 if subsection 666 (3) were disregarded; and
(b) that begins while the person is receiving a job search allowance.
“(2) A person is qualified for a job search allowance in respect of:
(a) a sickness period of the person all of which occurs before the person turns 18; or
(b) so much of a sickness period of the person as occurs before the person turns 18.
“(3) Subject to subsections (4) and (5), but without limiting subsection (2), a person is qualified for a job search allowance in respect of a sickness period of the person that the Secretary does not expect to be longer than 6 weeks.
“(4) If:
(a) a person is qualified for a job search allowance in respect of a period under subsection (3); and
(b) the period lasts for longer than 6 weeks;
the person ceases to be qualified for a job search allowance 6 weeks after the period began.
“(5) A person is not qualified for a job search allowance in respect of any part of a sickness period that occurs after the person’s change day.
“515. If:
(a) a person is in receipt of a job search allowance; and
(b) but for this section, the person would cease on a particular day to be qualified for the allowance because of paragraph 513 (d); and
(c) that day falls in, and is not the last day of, a period for which an instalment of job search allowance is payable to the person;
the person continues to be qualified for the allowance until the end of that period.
“516. (1) If:
(a) a person undertakes paid work during a period; and
(b) the Secretary is of the opinion that, taking into account:
(i) the nature of the work; and
(ii) the duration of the work; and
(iii) any other matters relating to the work that the Secretary considers relevant;
the work should be disregarded;
the Secretary may treat the person as being unemployed throughout the period.
“(2) A person complying with a requirement under subsection 522 (2) (activity test) is to be treated by the Secretary as being unemployed.
“517. (1) A person is not qualified for a job search allowance in respect of a period unless the person satisfies the Secretary that the person’s unemployment during the period was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.
“(2) A person is not qualified for a job search allowance in respect of a period unless the Secretary is satisfied:
(a) that the person’s unemployment during the period was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and
(b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and
(c) the person was not a member of the trade union during the period.
“(3) Subsections (1) and (2) do not prevent a person from being qualified for a job search allowance in respect of a period that occurs
after the relevant industrial action or series of industrial actions has stopped.
Note: for ‘industrial action’, ‘trade union’ and ‘unemployment’ see section 16.
“518. (1) Subject to subsection (2), a person is not qualified for a job search allowance on a day on which, in the opinion of the Secretary, the person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason.
“(2) Subsection (1) does not apply to a person:
(a) who has started formal vocational training in a labour market program approved by the Employment Secretary; and
(b) who has been exempted from the application of that subsection by the Employment Secretary.
Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 2: for ‘Employment Secretary’ see section 23.
“(3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if and only if the person:
(a) moves to live with a family member who has already established his or her residence in that place of residence; or
(b) moves to live near a family member who has already established residence in the same area; or
(c) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a physical disease or illness suffered by the person or by a family member.
Note: for ‘family member’ see section 5a.
“519. (1) Subject to subsections (5), (6), (7) and (8), if:
(a) the value of a person’s liquid assets exceeds the person’s maximum reserve on:
(i) the day on which the person becomes unemployed; or
(ii) the day on which the person claims a job search allowance; and
(b) the person is not a transferee to a job search allowance;
the person is not qualified for a job search allowance for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period.
Note 1: for ‘liquid assets’ see section 14a.
Note 2: for ‘maximum reserve’ see section 14a.
Note 3: for ‘transferee to a job search allowance’ see subsections 23 (6) and (7).
Note 4: for serving the liquid assets test waiting period see subsection 23 (10).
“(2) The liquid assets test waiting period in relation to the claim lasts for 4 weeks.
“(3) Subject to subsection (4), the liquid assets test waiting period in relation to the claim starts on the day on which the person becomes unemployed.
“(4) If:
(a) a person becomes incapacitated for work; and
(b) because of section 668a (sickness benefit liquid assets test waiting period), the person is not qualified for sickness benefit during the period of 4 weeks that starts on the day on which the person becomes incapacitated for work; and
(c) within that period of 4 weeks:
(i) the person ceases to be incapacitated for work; and
(ii) the person becomes registered by the CES in an allowance category as being unemployed; and
(d) within 14 days after the day on which the person becomes so registered by the CES, the person claims a job search allowance;
the liquid assets test waiting period starts on the day on which the person becomes incapacitated for work.
“(5) If the Secretary is satisfied that the application of subsection (1) to a person will cause undue long term disadvantage or significant hardship to the person, the Secretary may:
(a) waive the application of that subsection to the person; and
(b) authorise the payment of a job search allowance to the person.
“(6) Subsection (1) does not apply to a person if both of the following conditions apply:
(a) the person is a transferee to job search allowance;
(b) the person claims the job search allowance:
(i) within 14 days of the transfer day; or
(ii) where the person becomes registered by the CES in an allowance category as being unemployed within 14 days after the transfer day—within 14 days of the person becoming so registered or such further period as the Secretary considers reasonable.
“(7) Subsection (1) does not apply to a person who becomes qualified for a job search allowance at the end of a period for which, under subsection 520 (3), the person is taken to have been registered by the CES in an allowance category as being unemployed (non-registration up to 6 weeks).
“(8) Subsection (1) does not apply to a person:
(a) who has started formal vocational training in a labour market program approved by the Employment Secretary; and
(b) who has been exempted from the application of that subsection by the Employment Secretary.
Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 2: for ‘Employment Secretary’ see section 23.
“520. (1) The Secretary may decide that a person does not have to satisfy subparagraph 513 (c) (iv) (CES registration) for a period if:
(a) the person was not registered as unemployed by the CES during the period; and
(b) the Secretary is satisfied that there are circumstances beyond the person’s control relating to the person’s failure to be registered; and
(c) having regard to those circumstances, the Secretary is satisfied that the person’s failure to be registered should be disregarded in respect of the period.
“(2) If, because of subsection (1), a person does not have to satisfy subparagraph 513 (c) (iv) for a period, then, for the purposes of subparagraph 513 (d) (ii) (registration not to be longer than 12 months), the period is one for which the person is taken to be registered as required by subparagraph 513 (c) (iv).
“(3) If a person:
(a) is registered by the CES in an allowance category as being unemployed; and
(b) ceases for a period of not longer than 6 weeks to be registered by the CES in an allowance category as being unemployed; and
(c) at the end of that period becomes registered by the CES in an allowance category as being unemployed;
then, for the purposes of subparagraph 513 (d) (ii), the person is taken to have been registered throughout that period by the CES in an allowance category as being unemployed.
Note: ‘CES’ means Commonwealth Employment Service (see section 23).
“521. (1) A person is qualified for job search allowance in respect of a period, if:
(a) the person was, immediately before starting to receive job search allowance, receiving:
(i) a social security benefit; or
(ii) a sheltered employment allowance; or
(iii) a rehabilitation allowance; and
(b) the last payment of that benefit or allowance was made in respect of a period that ended after the day on which the payment was made; and
(c) the person may, in the Secretary’s opinion, reasonably be expected to satisfy the qualification requirements for job search allowance (see sections 513 to 520) during the period.
“(2) A person is qualified for job search allowance for a period, if the person:
(a) has turned 55 and:
(i) in the case of a woman—has not turned 59 and 6 months; and
(ii) in the case of a man—has not turned 64 and 6 months; and
(b) is in receipt of a job search allowance; and
(c) has in the previous 12 months been in continuous receipt of one or a combination of the following:
(i) a job search allowance;
(ii) a newstart allowance;
(iii) an unemployment benefit under the
Social Security Act 1947 ;(iv) a sickness benefit;
(v) a special benefit; and
(d) is not indebted to the Commonwealth under or as a result of this Act;
(e) is not, in the Secretary’s opinion, likely to be employed; and
(f) will, in the Secretary’s opinion, comply with the requirements of this Act; and
(g) may, in the Secretary’s opinion, reasonably be expected to satisfy the qualification requirements for job search allowance (see sections 513 to 520) during the period.
“(3) A person is qualified for job search allowance for a period if:
(a) the person is in receipt of job search allowance; and
(b) the person was granted unemployment benefit under the
Social Security Act 1947 before 1 November 1977; and(c) the person may, in the Secretary’s opinion, reasonably be expected to satisfy the qualification requirements for job search allowance (see sections 513 to 520) during the period.
“522. (1) Subject to subsection (3), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is:
(a) actively seeking; and
(b) willing to undertake;
paid work that in the opinion of the Secretary is suitable to be undertaken by the person.
“(2) A person also satisfies the activity test in respect of a period if:
(a) the Secretary is of the opinion that, throughout the period, the person:
(i) should undertake particular paid work that, in the opinion of the Secretary, is suitable to be done by the person; or
(ii) should:
(a) undertake a course of vocational training; or
(b) participate in a labour market program; or
(c) participate in another course;
approved by the Employment Secretary which is likely to:
(d) improve the person’s prospects of obtaining suitable paid work; or
(e) assist the person in seeking suitable paid work; or
(iii) in a case where the person lives in an area where:
(a) there is no locally accessible labour market; and
(b) there is no locally accessible vocational training course or labour market program;
should participate in an activity suggested by the person and approved by the CES; and
(b) the Secretary notifies the person that the person is required to act in accordance with the opinion; and
(c) the person takes reasonable steps to comply, throughout the period, with the Secretary’s requirement.
Note: for ‘Employment Secretary’ see section 23.
“(3) If a person fails to take reasonable steps to comply, throughout a period, with a requirement of the Secretary under subsection (2), the person cannot be taken to satisfy the activity test in respect of that period in spite of any compliance of the person with subsection (1).
Note: for situations where a person is not required to satisfy the activity test see:
(a) section 523 (persons attending training camps);
(b) section 524 (certain allowees under 18 engaged in voluntary work).
(c) section 525 (certain allowees over 55 engaged in voluntary work).
“523. (1) A person is taken to satisfy the activity test in respect of a period when the person is attending a training camp as a member of:
(a) the Australian Naval Reserve; or
(b) the Naval Emergency Reserve Forces; or
(c) the Australian Army Reserve; or
(d) the Australian Airforce Reserve; or
(e) the Airforce Emergency Force; or
(f) the Regular Army Emergency Reserve.
“(2) Where the Secretary considers that:
(a) it would be reasonable to assume that:
(i) at the end of a period a person is present in an area described in subparagraph 522 (2) (a) (iii); and
(ii) the person is throughout the period:
(a) unemployed; and
(b) capable of undertaking paid work that in the Secretary’s opinion is suitable to be undertaken by the person; and
(c) willing to undertake paid work that in the Secretary’s opinion is suitable to be undertaken by the person; and
(b) having regard to all the relevant factors, including:
(i) the location of offices of the Department; and
(ii) difficulties with transport and communication; and
(iii) the educational and cultural background of the person;
it would be unreasonable to expect the person to comply with the activity test in order to be qualified for job search allowance for that period;
then, unless the person has been notified of a requirement under subsection 522 (2) in relation to the period, the person is taken to satisfy the activity test during that period.
Note 1: for ‘activity test’ see section 522.
Note 2: for ‘remote area’ see section 14.
“524. (1) Subject to subsection (2), a person who has not turned 18 is not required to satisfy the activity test in respect of a period if:
(a) on each day in the period the person is engaged in full-time voluntary work with an approved organisation; and
(b) the person has been a qualified beneficiary for at least 3 months immediately before the person starts working for the organisation.
Note 1: for ‘approved organisation’ and ‘qualified beneficiary’ see section 15.
Note 2: for ‘activity test’ see section 522.
“(2) Subsection (1) does not apply to a day if:
(a) there are already 20 days in the same calendar year on which
the person is not required to satisfy the activity test because of subsection (1); or
(b) having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that subsection (1) should not apply in relation to that day.
“525. (1) Subject to subsection (2), a person is not required to satisfy the activity test in respect of a period if, on each day in the period:
(a) the person is at least 55; and
(b) the person is engaged in full-time voluntary work within an approved organisation.
Note 1: for ‘approved organisation’ see section 15.
Note 2: for ‘activity test’ see section 522.
“(2) Subsection (1) does not apply to a day if:
(a) there are already 65 consecutive days in the same calendar year on which the person is not required to satisfy the activity test because the person is working for that organisation; or
(b) having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that subsection (1) should not apply in relation to that day.
“526. (1) A job search allowance is not payable to a person for a period during which the person is qualified for job search allowance (see section 513) if during that period:
(a) the person has not provided a tax file number for the person (see section 527) or for the person’s partner (see section 528); or
(b) the value of the person’s assets exceeds the person’s assets value limit (see sections 529 and 530); or
(c) the person is a full-time student (see section 531); or
(d) another income support payment is being paid to the person (see section 532); or
(e) the job search allowance has not commenced to be payable (see sections 534 and 562); or
(f) the person is subject to an unused annual leave waiting period
and has not served that waiting period (see sections 535 to 537); or
(g) the person is subject to an ordinary waiting period and has not served that waiting period (see sections 538 and 539); or
(h) the person is subject to an education leavers waiting period and that period has not ended (see sections 540 and 541); or
(i) the person fails to comply with a requirement that the person:
(i) attend an office of the Department or of the CES; or
(ii) contact the Department or the CES; or
(iii) give information;
as required by section 543; or
(j) a period of non-payment has been imposed because:
(i) the person had previously ceased to be qualified for job search allowance for failure to satisfy the activity test (see section 542); or
(ii) the person had previously failed to comply with a requirement (see section 543) to:
(a) attend an office of the Department or of the CES; or
(b) contact the Department or the CES; or
(c) give information; or
(iii) the person’s unemployment is due to a voluntary act of the person (see section 544); or
(iv) the person’s unemployment is due to misconduct by the person (see section 545); or
(v) the person has refused an offer of employment (see section 546); or
(vi) the person failed to comply with notification requirements (see section 547); or
(vii) the person had previously ceased to be qualified for job search allowance because the person was not registered with the CES in an allowance category as being unemployed (see section 548); or
(viii) the person is a seasonal worker (see section 549); or
(ix) the person moved to an area of lower employment prospects (see section 550); or
(k) the person is in gaol (see Part 3.13); or
(l) the person is subject to a compensation preclusion period (see Part 3.14).
Note 1: for ‘serving a waiting period’ see subsection 23 (10).
Note 2: ‘CES’ means Commonwealth Employment Service (see section 23).
Note 3: for ‘allowance category’ see subsection 23 (4a).
“(2) A job search allowance is not payable to a person if the person’s job search allowance rate would be nil.
“527. (1) A job search allowance is not payable to a person unless:
(a) the person has given the Secretary a written statement of the person’s tax file number; or
(b) the person has given the Secretary an employment declaration and satisfies either subsection (2) or (3).
Note: the Secretary can require a person to quote tax file number under section 1308.
“(2) A person satisfies this subsection if:
(a) the employment declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform him or her of the number; and
(b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the person has no tax file number.
“(3) A person satisfies this subsection if:
(a) the employment declaration states that an application by the person for a tax file number is pending; and
(b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
“528. (1) Subject to subsection (4), a job search allowance is not payable to a person if:
(a) the person is a member of a couple; and
(b) the person is required under section 555 or 573 to give the Secretary a written statement of the tax file number of the person’s partner; and
(c) at the end of the period of 28 days after the requirement is made the person has neither:
(i) given the Secretary a written statement of the partner’s tax file number; nor
(ii) given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3).
“(2) The person satisfies this subsection if:
(a) the partner’s declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of the partner’s number; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the partner has no tax file number.
“(3) The person satisfies this subsection if:
(a) the partner’s declaration states that an application by the partner for a tax file number is pending; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:
(a) the person does not know the partner’s tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner’s tax file number;
(ii) a statement of the partner’s tax file number;
(iii) a declaration by the partner under subparagraph (1) (c)(ii).
“529. (1) A job search allowance is not payable to a person if:
(a) the person is not excluded from the job search allowance assets test; and
(b) the value of the person’s assets exceeds the person’s assets value limit.
“(2) A person is excluded from the job search allowance assets test if the person:
(a) has not turned 18; and
(b) is not a member of a couple; and
(c) does not have a dependent child; and
(d) is not an independent young person; and
(e) is not a homeless person.
“(3) A person’s assets value limit is worked out using the following table: work out which family situation applies to the person; the assets value limit is the corresponding amount in the ‘assets value limit’ column.
ASSETS VALUE LIMIT TABLE | |||
column 1 | column 2 | column 3 assets value limit | |
item | person’s family situation | column 3a either person or partner homeowner | column 3b neither person nor partner homeowner |
1. | Not member of a couple | $110,750 | $190,250 |
2. | Partnered (partner getting neither pension nor allowance) | $157,500 | $237,000 |
3. | Partnered (partner getting pension or allowance) | $78,750 | $118,500 |
Note 1: for ‘member of a couple’, ‘partnered (partner getting neither pension nor allowance)’ and ‘partnered (partner getting pension or allowance)’ see section 4.
Note 2
Note 3: if item 2 applies to a person, the value of
all the assets of the person’s partner are to be taken as being included in the value of the person’s assets (see subsection 530 (1))—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person,
the value of the person’s assets is only
half the combined value of the person’s assets and the assets of the person’s partner (see subsection 530 (2)).Note 4: if a job search allowance is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).
Note 5: the assets value limits of items 1 and 3 in column 3a and item 3 in column 3b are indexed annually in line with CPI increases (see sections 1191 to 1194).
Note 6: the assets value limit of item 1 in column 3b is adjusted annually (see subsection 1204(1)).
Note 7: the item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204 (2) and (3)).
“530. (1) If:
(a) a person is a member of a couple; and
(b) the person’s partner:
(i) is not in receipt of a social security or service pension; and
(ii) is not in receipt of a social security benefit;
the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.
Note: ‘social security pension’ includes a sheltered employment or rehabilitation allowance.
“(2) If:
(a) a person is a member of a couple; and
(b) the person’s partner is in receipt of:
(i) a social security or service pension; or
(ii) a social security benefit;
the value of:
(c) the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and
(d) the person’s assets of a particular kind are taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person’s partner.
“531. (1) Subject to subsection (2), a job search allowance is not payable to a person who is enrolled in a full-time course of education or vocational training for the period that:
(a) starts when the person starts the course; and
(b) finishes when the person:
(i) completes the course; or
(ii) abandons the course; or
(iii) gives notice to the provider of the course that the person:
(a) wishes to withdraw from the course; or
(b) wishes to withdraw from such number of subjects that the person’s course will no longer be a full-time course; and
(c) includes periods of vacation; and
(d) does not include periods of deferment.
“(2) Subsection (1) does not prevent a job search allowance from being payable for any period during which:
(a) a person is enrolled in a course that the Secretary has required the person to undertake under subsection 522 (2); or
(b) the person has deferred a course of education.
“532. (1) A job search allowance is not payable to a person if the person is already receiving a service pension.
“(2) If:
(a) a person is receiving a job search allowance; and
(b) a social security pension, another social security benefit or a service pension becomes payable to the person;
a job search allowance is not payable to the person.
Note 1: another payment type will generally not become payable to the person until the person claims it.
Note 2: ‘social security pension’ includes sheltered employment and rehabilitation allowances.
Note 3: for the day on which the job search allowance ceases to be payable see section 577.
“(3) A job search allowance is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving:
(i) a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act; or
(ii) a pension under the
Seamen’s War Pensions and Allowances Act 1940 at a rate determined under subsection 18 (2) of that Act.
unless:
(c) the woman has been receiving a payment referred to in subparagraph (b) (i) or (ii) continuously since before 1 November 1986; and
(d) before 1 November 1986 the woman was also receiving a social security benefit.
Note: for ‘armed services widow’ see subsection 4 (1).
“(4) A job search allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:
(a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part-time students; or
(b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees.
Note: for ‘prescribed educational scheme’ see section 5.
“(5) If:
(a) a person enrols in a full-time course of education; and
(b) a payment under a scheme referred to in subsection (4) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (4), job search allowance is payable to the person for a period before the person starts the course.
“533. (1) Subject to subsections (2), (3), (4) and (5), a person’s provisional commencement day is the day on which the person claims a job search allowance.
“(2) If:
(a) the person makes a claim (in this subsection called the
initial claim’ ) for:(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to a job search allowance; and
(b) on the day on which the person makes the initial claim, the person is qualified for job search allowance; and
(c) the person subsequently makes a claim for job search allowance; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person’s provisional commencement day is, subject to subsections (3), (4) and (5), the day on which the person made the initial claim.
“(3) If:
(a) a person is not a transferee to job search allowance; and
(b) the person is not subject to an education leavers waiting period (see subsection 540 (1)); and
(c) the person becomes registered by the CES in an allowance category as being unemployed; and
(d) the day that would be the person’s provisional commencement day under subsections (1) and (2) occurs:
(i) within 14 days after becoming so registered by the CES; or
(ii) within such further period after becoming so registered by the CES as the Secretary considers reasonable;
the person’s provisional commencement day is the day on which the person became registered by the CES.
Note 1: for ‘transferee’ see subsections 23 (6) and (7).
Note 2: for ‘allowance category’ see subsection 23 (4a).
“(4) If:
(a) a person becomes registered by the CES in an allowance category as being unemployed; and
(b) the person is subject to an education leavers waiting period (see subsection 540 (1));
the person’s provisional commencement day is:
(c) if the person becomes so registered by the CES before stopping the course and the day that would be the person’s provisional commencement day under subsections (1) and (2) occurs:
(i) within 14 days after stopping the course; or
(ii) within such further period after stopping the course as the Secretary considers reasonable;
the day after the last day on which the person was undertaking the course; or
(d) if the person becomes so registered by the CES after stopping the course and the day that would be the person’s provisional commencement day under subsections (1) and (2) occurs:
(i) within 14 days after becoming so registered by the CES; or
(ii) within such further period after becoming so registered by the CES as the Secretary considers reasonable;
the day on which the person became so registered by the CES.
“(5) If a person is a transferee to job search allowance and:
(a) the person claims the job search allowance within 14 days after the transfer day; or
(b) both of the following subparagraphs are satisfied:
(i) the person becomes registered by the CES in an allowance
category as being unemployed within 14 days after the transfer day; and
(ii) the day that would be the person’s provisional commencement day under subsection (1) and (2) occurs:
(a) within 14 days after becoming so registered by the CES; or
(b) within such further period after becoming so registered by the CES as the Secretary considers reasonable;
the person’s provisional commencement day is the person’s transfer day.
Note 1: for ‘transferee to an allowance’ and ‘transfer day’ see subsections 23 (6) and (7).
Note 2: for ‘allowance category’ see subsection 23 (4a).
“534. A job search allowance is not payable to a person who is qualified for the allowance before:
(a) where the person is not subject to a waiting period—the person’s provisional commencement day; or
(b) if the person is subject to one waiting period only—the first day after the end of that waiting period; or
(c) if the person is subject to more than one waiting period—the first day after all of the waiting periods have ended.
Note 1: for ‘provisional commencement day’ see section 533.
Note 2: a waiting period is:
(a) an unused annual leave waiting period (see sections 535 to 537); or
(b) an ordinary waiting period (see sections 538 and 539); or
(c) an education leavers waiting period (see sections 540 and 541).
If the person has an unused annual leave waiting period and an ordinary waiting period, the ordinary waiting period will follow the unused annual leave waiting period (see subsection 539 (2)). If the person has an education leavers waiting period and another waiting period, the education leavers waiting period runs concurrently with the other waiting period and the job search allowance will not be payable until the longest waiting period has finished.
“Subdivision D —Situations where allowance not payable (waiting periods)
“535. (1) Subject to subsections (2), (3) and (4), a person is subject to an unused annual leave waiting period if:
(a) when the person became unemployed, the person became entitled to receive a payment for unused annual leave; and
(b) the person’s provisional commencement day occurs within the notional leave period.
“(2) Subsection (1) does not apply to a person if both of the following conditions apply:
(a) the person is a transferee to job search allowance;
(b) the person claims the job search allowance:
(i) within 14 days of the transfer day; or
(ii) where the person becomes registered by the CES in an allowance category as being unemployed within 14 days after the transfer day—within 14 days of the person becoming so registered or such further period as the Secretary considers reasonable.
“(3) Subsection (1) does not apply to a person who becomes qualified for a job search allowance at the end of a period for which, under subsection 520 (3), the person is taken to have been registered by the CES in an allowance category as being unemployed (nonregistration up to 6 weeks).
“(4) Subsection (1) does not apply to a person:
(a) who has started formal vocational training in a labour market program approved by the Employment Secretary; and
(b) who has been exempted from the application of that subsection by the Employment Secretary.
Note 1: for ‘unused annual leave’ see section 23.
Note 2: for ‘notional leave period’ see section 536.
Note 3: for ‘provisional commencement day’ see section 533.
Note 4: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 5: for ‘Employment Secretary’ see section 23.
“536. (1) A person’s notional leave period is the period that:
(a) starts on the day after the day on which the person’s employment has ended; and
(b) runs for the number of days for which the person has unused annual leave as calculated under subsections (2) and (3).
“(2) Subject to subsection (3), the number of days for which the person has unused annual leave is worked out as follows:
(a) if the period of unused annual leave is expressed in weeks—multiply by 7 the number of weeks (including fractions of weeks) in the period of unused annual leave and disregard any fraction that results;
(b) in any other case—multiply by 7 the number of working weeks (including any fraction of a working week) represented by the period of unused annual leave and disregard any fraction that results.
“(3) The number of days for which a person has unused annual leave cannot exceed 28 days.
“537. A person’s unused annual leave waiting period starts on the day after the day on which the person’s employment has ended and finishes on the last day of the notional leave period.
Note 1: for ‘notional leave period’ see section 536.
Note 2: an unused annual leave waiting period may apply to a person whether or not the person is subject to an ordinary waiting period. If the person is subject to an ordinary waiting period, that period will start after the unused annual leave waiting period (see subsection 539 (2)).
Note 3: for ‘provisional commencement day’ see section 533.
“538. A person is subject to an ordinary waiting period unless:
(a) the person has served an ordinary waiting period that ended not more than 12 weeks before the person’s provisional commencement day; or
(b) both of the following conditions apply:
(i) the person is a transferee to job search allowance;
(ii) the person claims the job search allowance:
(a) within 14 days of the transfer day; or
(b) where the person becomes registered by the CES in an allowance category as being unemployed within 14 days after the transfer day—within 14 days of the person becoming so registered or such further period as the Secretary considers reasonable; or
(c) in the case of a person who:
(i) has not turned 18; and
(ii) has been registered for longer than 12 months by the CES in an allowance category as being unemployed;
at some time in the 13 weeks immediately before the person’s provisional commencement day, a job search allowance stopped being payable to the person; or
(d) the person becomes qualified for a job search allowance at the end of a period for which, under subsection 520 (3), the person is taken to have been registered by the CES in an allowance category as being unemployed (non-registration up to 6 weeks); or
(e) the person:
(i) has started formal vocational training in a labour market program approved by the Employment Secretary; and
(ii) has been exempted from the application of this section by the Employment Secretary; or
(f) the Secretary is satisfied that the person would suffer severe financial hardship if the person were subject to the ordinary waiting period.
Note 1: for ‘transferee to an allowance’ and ‘transfer day’ see subsections 23 (6) and (7).
Note 2: ‘CES’ means Commonwealth Employment Service (see section 23).
Note 3: for ‘provisional commencement day’ see section 533.
Note 4: for ‘ordinary waiting period’ see subsection 23 (1).
Note 5: for ‘allowance category’ see subsection 23 (4a).
Note 6: for ‘Employment Secretary’ see section 23.
“539. (1) If a person:
(a) is subject to an ordinary waiting period; and
(b) is not subject to an unused annual leave waiting period; and
(c) is not disqualified for job search allowance under section 519 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the person’s provisional commencement day.
Note: for ‘provisional commencement day’ see section 533.
“(2) If a person is subject to:
(a) an ordinary waiting period; and
(b) an unused annual leave waiting period; and
(c) is not disqualified for job search allowance under section 519 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the day after the day on which the person’s unused annual leave waiting period ends.
“(3) If a person:
(a) is subject to an ordinary waiting period; and
(b) is not subject to an unused annual leave waiting period; and
(c) is disqualified for job search allowance under section 519 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the day after the end of the period of 4 weeks referred to in subsection 519 (2), (3) and (4).
“(4) If a person:
(a) is subject to an ordinary waiting period; and
(b) is subject to an unused annual leave waiting period; and
(c) is disqualified for job search allowance under section 519 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the day after the end of the period of 4 weeks referred to in subsections 519 (2), (3) and (4).
Note 1: for ‘unused annual leave waiting period’ see sections 535 to 537.
Note 2: for ‘provisional commencement day’ see section 533.
“540. (1) Subject to subsections (2), (3) and (4), a person is subject to an education leavers waiting period if the person:
(a) was undertaking a full-time course of education of at least 6 months duration; and
(b) has stopped the course; and
(c) was, immediately before stopping the course, receiving neither:
(i) a social security or service pension; nor
(ii) a social security benefit; and
(d) has a provisional commencement day within 6 months after stopping the course; and
(e) is not covered by subsection (2) (beneficiaries stopping courses after 4 weeks).
“(2) Subsection (1) does not apply to a person if both of the following conditions apply:
(a) the person is a transferee to job search allowance;
(b) the person claims the job search allowance:
(i) within 14 days of the transfer day; or
(ii) where the person becomes registered by the CES in an allowance category as being unemployed within 14 days after the transfer day—within 14 days of the person becoming so registered or such further period as the Secretary considers reasonable.
“(3) Subsection (1) does not apply to a person who becomes qualified for a job search allowance at the end of a period for which, under subsection 520 (3), the person is taken to have been registered by the CES in an allowance category as being unemployed (non-registration up to 6 weeks).
“(4) Subsection (1) does not apply to a person:
(a) who has started formal vocational training in a labour market program approved by the Employment Secretary; and
(b) who has been exempted from the application of that subsection by the Employment Secretary.
Note 1: for ‘provisional commencement day’ see section 533.
Note 2: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 3: for ‘Employment Secretary’ see section 23.
“(5) A person who would otherwise be subject to an education leavers waiting period in relation to job search allowance is not subject to such a period if:
(a) the person had previously been subject to an education leavers waiting period; and
(b) a job search allowance had been payable to the person continuously from the end of the education leavers waiting period until immediately before the person started the course; and
(c) the person’s provisional commencement day is within 4 weeks after starting the course.
Note 1: for ‘provisional commencement day’ see section 533.
Note 2: for ‘education leavers waiting period’ see subsection 23 (1).
“541. (1) Subject to this section, the education leavers waiting period starts on the person’s provisional commencement day and lasts for:
(a) 13 weeks if, on the person’s provisional commencement day, the person:
(i) had not turned 21; and
(ii) is not a member of a couple; and
(iii) does not have a dependent child; or
(b) 6 weeks if, on the person’s provisional commencement day, the person:
(i) has turned 21; or
(ii) is a member of a couple; or
(iii) has a dependent child.
Note 1: the duration of the education leavers waiting period may be modified by:
(a) subsections (2) and (3) (change of status during waiting period):
(b) subsection (5) (periods of employment or periods on special benefit);
(c) subsection (6) (previous periods of non-payment because of education leavers waiting period):
(d) subsection (7) (6 months ceiling).
Note 2: for ‘provisional commencement day’ see section 533.
“(2) Subject to subsection (4), where:
(a) a person who is covered by paragraph (1) (a):
(i) turns 21; or
(ii) becomes a member of a couple; or
(b) a young person becomes a dependent child of a person who is covered by paragraph (1) (a);
within 6 weeks from and including the person’s provisional commencement day, the education leavers waiting period starts on the person’s provisional commencement day and lasts for 6 weeks.
Note: for ‘provisional commencement day’ see section 533.
“(3) Subject to subsection (4), where:
(a) a person who is covered by paragraph (1) (a):
(i) turns 21; or
(ii) becomes a member of a couple; or
(b) a young person becomes a dependent child of a person who is covered by paragraph (1) (a);
in the period:
(c) starting at the end of 6 weeks from the person’s provisional commencement day; and
(d) lasting for 6 weeks;
the education leavers waiting period starts on the person’s provisional commencement day and ends on the day before the day on which the person is first covered by paragraph (a) or (b).
Note: for ‘provisional commencement day’ see section 533.
“(4) For the purposes of subsections (2) and (3):
(a) a person is not to be taken to have become a member of a couple; and
(b) a young person is not to be taken to have become a dependent child of a person;
until the person notifies the Department that this is the case.
“(5) The waiting period imposed by subsection (1) or (2) is to be reduced by a period equivalent to:
(a) if the person is subject to a 13 week education leavers waiting period—any period during which the person was employed on a full-time basis after stopping the course; and
(b) if the person is subject to a 6 week education leavers waiting period—any period during which the person has been employed, at any time, on a full-time basis; and
(c) any period during which the person was paid special benefit after stopping the course.
“(6) If:
(a) a person is subject to an education leavers waiting period; and
(b) the person started the course concerned at a time when a job search allowance, a newstart allowance or sickness benefit was not payable to the person because of an education leavers waiting period; and
(c) the person’s provisional commencement day is within 4 weeks after the person started the course concerned;
the duration of the education leavers waiting period is reduced by the number of days of the previous education leavers waiting period that the person had served immediately before starting the course.
Note 1: for ‘provisional commencement day’ see section 533.
Note 2: for ‘education leavers waiting period’ see section 23.
“(7) An education leavers waiting period that applies in respect of a course of study undertaken by a person is not to extend more than 6 months after the person has stopped the course.
“Subdivision E — Situations where allowance not payable
“542. (1) Subject to subsection (2), if:
(a) a job search allowance was payable to a person; and
(b) the person ceased to be qualified for the allowance because the person did not satisfy the activity test; and
(c) the person later becomes qualified for a job search allowance;
a job search allowance is not payable to the person for the deferment period.
“(2) Subsection (1) does not apply to a person:
(a) who has started formal vocational training in a labour market program approved by the Employment Secretary; and
(b) who has been exempted from the application of that subsection by the Employment Secretary.
Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 2: for ‘Employment Secretary’ see section 23.
“(3) Subject to subsections (4) and (5), the deferment period is 2 weeks.
“(4) If:
(a) subsection (1) applies to a person at a particular time; and
(b) on one occasion only within the period of 3 years before that time an automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for ‘automatic deferment provision’ see section 23.
“(5) If:
(a) subsection (1) applies to a person at a particular time; and
(b) an automatic deferment provision or provisions applied to the person on 2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.
Note: for ‘automatic deferment provision’ see section 23.
“(6) The Secretary may determine in writing the day on which the deferment period commences and that day may be before the day of the determination.
“543. (1) Where:
(a) a person is receiving, or has lodged a claim for, a job search allowance; and
(b) the Secretary is of the opinion that the person should:
(i) attend an office of the Department or of the CES; or
(ii) contact the Department or the CES; or
(iii) give information to the Secretary; and
(c) the Secretary notifies the person that the person is required to:
(i) attend that office; or
(ii) contact the Department or the CES; or
(iii) give that information; and
(d) the requirement is reasonable; and
(e) the person does not comply with the requirement;
a job search allowance is not payable to the person.
Note: ‘CES’ means Commonwealth Employment Service (see section 23).
“(2) Subsection (1) does not apply to a person:
(a) who has started formal vocational training in a labour market program approved by the Employment Secretary; and
(b) who has been exempted from the application of that subsection by the Employment Secretary.
Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 2: for ‘Employment Secretary’ see section 23.
“(3) The Secretary may determine that a job search allowance is payable to a person for a period for which it was not payable under subsection (1) if the Secretary is satisfied that the person had a reasonable excuse for not complying with the requirement.
“(4) If:
(a) a job search allowance is not payable under subsection (1); and
(b) at a later time a job search allowance would, but for this subsection, be payable to the person;
a job search allowance is not payable to the person for the deferment period.
“(5) Subject to subsections (6) and (7), the deferment period is 2 weeks.
“(6) If:
(a) subsection (1) applies to a person at a particular time; and
(b) on one occasion only within the period of 3 years before that time an automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for ‘automatic deferment provision’ see section 23.
“(7) If:
(a) subsection (1) applies to a person at a particular time; and
(b) an automatic deferment provision or provisions applied to the person on 2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.
Note: for ‘automatic deferment provision’ see section 23.
“(8) The Secretary may determine in writing the day on which the deferment period commences and that day may be before the day of the determination.
“544. (1) If:
(a) a person’s unemployment is due, either directly or indirectly, to a voluntary act of the person; and
(b) the voluntary act was without sufficient reason;
a job search allowance is not payable to the person for the deferment period.
“(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
“(3) If:
(a) subsection (1) applies to a person at a particular time; and
(b) on one occasion only within the period of 3 years before that time an automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for ‘automatic deferment provision’ see section 23.
“(4) If:
(a) subsection (1) applies to the person at a particular time; and
(b) an automatic deferment provision or provisions applied to the person on 2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.
Note: for ‘automatic deferment provision’ see section 23.
“(5) The Secretary may determine in writing the day on which the deferment period commences and that day may be before the day of the determination.
“545. (1) If a person’s unemployment is due to the person’s misconduct as a worker, a job search allowance is not payable to the person for the deferment period.
“(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
“(3) If:
(a) subsection (1) applies to a person at a particular time; and
(b) on one occasion only within the period of 3 years before that time an automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for ‘automatic deferment provision’ see section 23.
“(4) If:
(a) subsection (1) applies to the person at a particular time; and
(b) an automatic deferment provision or provisions applied to the person on 2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.
Note: for ‘automatic deferment provision’ see section 23.
“(5) The Secretary may determine in writing the day on which the deferment period commences and that day may be before the day of the determination.
“546. (1) If a person has refused or failed, without sufficient reason, to accept a suitable offer of employment, a job search allowance is not payable to the person for the deferment period.
“(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
“(3) If:
(a) subsection (1) applies to a person at a particular time; and
(b) on one occasion only within the period of 3 years before that time an automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for ‘automatic deferment provision’ see section 23.
“(4) If:
(a) subsection (1) applies to the person at a particular time; and
(b) an automatic deferment provision or provisions applied to the person on 2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.
Note: for ‘automatic deferment provision’ see section 23.
“(5) The Secretary may determine in writing the day on which the deferment period commences and that day may be before the day of the determination.
“547. (1) If a person refuses or fails, without sufficient reason, to comply with a requirement made of the person under section 573, 574, 575 or 1304, a job search allowance is not payable to the person for the deferment period.
“(2) Subsection (1) does not apply to a person:
(a) who has started formal vocational training in a labour market program approved by the Employment Secretary; and
(b) who has been exempted from the application of that subsection by the Employment Secretary.
Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 2: for ‘Employment Secretary’ see section 23.
“(3) Subject to subsections (3) and (4), the deferment period is 2 weeks.
“(4) If:
(a) subsection (1) applies to a person at a particular time; and
(b) on one occasion only within the period of 3 years before that time an automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for ‘automatic deferment provision’ see section 23.
“(5) If:
(a) subsection (1) applies to the person at a particular time; and
(b) an automatic deferment provision or provisions applied to the person on 2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.
Note: for ‘automatic deferment provision’ see section 23.
“(6) The Secretary may determine in writing the day on which the deferment period commences and that day may be before the day of the determination.
“548.
( 1) If:
(a) a job search allowance was payable to a person; and
(b) the person ceased to be qualified for job search allowance because the person:
(i) was not registered by the CES in an allowance category as being unemployed (see subparagraph 513 (c) (iv)); and
(ii) the Secretary has not excused the person from being so registered by the CES under section 520; and
(c) the person later becomes qualified for job search allowance again;
a job search allowance is not payable to the person for a period determined, in writing, by the Secretary.
Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 2: where a person has been paid job search allowance while the person was not qualified because he or she was not registered at the CES, an overpayment may arise (see Chapter 5). Subsection (1) does not prevent the Secretary from taking action to recover the overpayment.
Note 3: for ‘allowance category’ see subsection 23 (4a).
“(2) Subsection (1) does not apply to a person:
(a) who has started formal vocational training in a labour market program approved by the Employment Secretary; and
(b) who has been exempted from the application of that subsection by the Employment Secretary.
Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 2: for ‘Employment Secretary’ see section 23.
“(3) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) commences and that day may be before the day of the determination.
“549. (1) Where:
(a) a person is a seasonal or intermittent worker; and
(b) the person’s income is sufficient to maintain:
(i) the person; and
(ii) any other persons who are ordinarily maintained by the person;
notwithstanding that the person is temporarily unemployed;
a job search allowance is not payable to the person for a period determined, in writing, by the Secretary.
“660l. (1) The day on which a determination under section 660h or 660i (in this section called the
Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review: the Secretary may continue payment pending the outcome of the review (see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
“(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination—on that day.
“(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.
“(4) If:
(a) the person whose allowance is affected by the adverse determination has contravened a provision of this Act (other than section 658, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.
“(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the allowance has been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.
“(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the allowance was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.
“660m. If:
(a) a person is receiving a newstart allowance; and
(b) a dependent child of the person dies; and
(c) immediately before the child died, the person’s newstart allowance rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Division to cover the bereavement period.
Note 1: section 660n provides for newstart allowance to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person’s income test free areas.
Note 2: section 660o provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person’s new newstart allowance rate and the rate at which the allowance would have been paid if the child had not died but were disregarded for the purposes of working out the person’s income test free areas.
Note 3: the additional payments preserved by this Division are:
• dependent child add-on:
• guardian allowance:
• additional rent assistance.
“660n. If a person is qualified for payments under this Division in relation to the death of a dependent child, the person’s newstart allowance rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person’s ordinary income free area and ordinary maintenance income free area.
“660o. If:
(a) a person is qualified for payments under this Division in relation to the death of a dependent child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance for the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Division was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.
This is how to work out the amount of the lump sum:
Work out the amount of newstart allowance payable to the person immediately before the first available bereavement adjustment payday: the result is called the | |
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Work out the amount of newstart allowance that would have been payable to the person immediately before the first available bereavement adjustment payday if the person’s newstart allowance rate were not calculated under section 660n: the result is called the | |
Take the new rate away from the continued rate: the result is called the | |
Work out the number of paydays in the bereavement lump sum period. | |
Multiply the deceased child component by the number of paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section. | |
8. Section 661 of the Principal Act is amended:
(a) by omitting subparagraphs (1) (c) (i) and (ii) and substituting the following subparagraphs:“(i) the person was receiving a job search or newstart allowance; and
(ii) the person had been registered for at least 12 months by the CES in an allowance category as being unemployed; and
Note: for ‘allowance category’ see subsection 23 (4a).
(b) by omitting from paragraph (1) (d) “job search allowance, unemployment benefit” and substituting “newstart allowance”;
(c) by omitting from paragraph (2) (d) “unemployment benefit” (wherever occurring) and substituting “newstart allowance”;
(d) by inserting in sub-subparagraph (2) (d) (i) (b) “or Module C of Benefit Rate Calculator B” after “Calculator A”;
(e) by omitting subparagraph (2) (d) (ii) and substituting the following subparagraph:
“(ii) the person had been registered for at least 12 months by
the CES in an allowance category as being unemployed; and”;
(f) by omitting from paragraph (2) (e) “unemployment benefit” and substituting “newstart allowance”;
(g) by omitting subsection (5).
9. Section 663 of the Principal Act is amended:
(a) by omitting subparagraph (1) (c) (ii) and substituting the following subparagraph:“(ii) the person had been registered for at least 12 months by the CES in an allowance category as being unemployed; and
Note: for ‘allowance category’ see subsection 23 (4a).”;
(b) by omitting from subparagraph (2) (c) (i) “unemployment benefit or job search allowance” and substituting “a job search allowance or newstart allowance”;
(c) by omitting from sub-subparagraph (2) (c) (i) (a) “unemployment benefit” and substituting “job search allowance or newstart allowance”;
(d) by omitting subparagraph (2) (c) (ii) and substituting the following subparagraph:
“(i) the person had been registered for at least 12 months by the CES in an allowance category as being unemployed; and”;
(e) by omitting from paragraph (2) (d) “unemployment benefit or job search allowance” and substituting “job search allowance or newstart allowance”;
(f) by omitting from subsection (5) the definition of “qualified beneficiary”.”.
“(3) A person is not qualified for a sickness benefit in respect of a period if the person is qualified for a job search allowance under section 514, or a newstart allowance under section 594, in respect of the period.”.
“(2) Subsection (1) does not apply to a decision made by the Employment Secretary:
(a) under subsection 23 (4a) (approval of registration category); or
(b) under section 28 (approval of voluntary organisations); or
(c) approving a course or labour market program; or
(d) exempting a person from the application of a provision.”.
12. Section 1240 of the Principal Act is amended:
(a) by omitting paragraph (2) (b) and substituting the following paragraph:“(b) the Employment Secretary:
(i) under subsection 23 (4a) (approval of allowance category); or
(ii) under section 28 (approval of voluntary organisations); or
(iii) approving a course or labour market program; or
(iv) exempting a person from the application of a provision.”;
(b) by inserting in subsection (3) “, subject to subsection (3a),” after “and”;
(c) by inserting after subsection (3) the following subsection:
“(3a) Where a person applies under subsection (3) for the review of a decision made by an officer of the Employment Department as a delegate of the Secretary, the reference in that subsection to an authorised review officer is taken to be a reference to an authorised review officer who is an officer of that Department.”.
“including:
(a) a rate of return decision; and
(b) a decision under section 606 to the extent that it relates to the terms of a Newstart Activity Agreement that is in force”.
“(2) The Social Security Appeals Tribunal may only review a decision under section 606 (to the extent that it relates to the terms of a Newstart Activity Agreement that is in force) where the application is expressed to be an application for review of that decision.”.
15. Section 1250 of the Principal Act is amended:
(a) by inserting before the paragraphs of subsection (1) the following paragraph:“(aa) under subsection 23 (4a) (approval of allowance category only); or”;
(b) by inserting after subsection (1) (c) the following paragraph:“(ca) under a provision dealing with the approval by the Employment Secretary of a course or labour market program; or”.
“1252a. (1) This section applies to a decision to give a notice under section 607 because of a person’s failure to agree to terms of a Newstart Activity Agreement proposed by the CES (subparagraph 607 (b) (iii)).
Note: notice results in disqualification for Newstart Allowance for failure to enter Newstart Activity Agreement.
“(2) If:
(a) the Secretary makes a decision to which this section applies; and
(b) a person applies to the Social Security Appeals Tribunal under subsection 1247 (1) for review of the decision; and
(c) the person makes the application within 14 days after being notified of the decision;
the following provisions have effect:
(d) payment of the newstart allowance is to be made pending the determination of the review, as if the Newstart Activity Agreement had not been required;
(e) if payment of the allowance had ceased for a period before the person applied for the review—in spite of section 300, arrears of allowance are payable to the person for the period;
(f) this Act (other than this Chapter) applies as if the Newstart Activity Agreement had not been required.
“(3) Subsection (2) ceases to have effect if:
(a) the application for review is withdrawn; or
(b) the review of the decision is determined.”.
17. Section 1253 of the Principal Act is amended:
(a) by omitting from subsection (1) “rate of return decision” and substituting “decision referred to in subsection (7)”;
(b) by adding at the end the following subsection:
“(7) This section does not apply to:
(a) a rate of return decision; or
(b) a decision under section 606 to the extent that it relates to the terms of a Newstart Activity Agreement that is in force.”.
“1254a. If a person applies to the Social Security Appeals Tribunal (SSAT) for review of a decision under section 606 to the extent that it relates to the terms of a Newstart Activity Agreement that is in force, the SSAT must:
(a) affirm the decision; or
(b) set aside the decision and send the matter back to the Secretary for reconsideration in accordance with any recommendations of the Tribunal.”.
“(6) This section does not apply to:
(a) a rate of return decision; or
(b) a decision under section 606 to the extent that it relates to the terms of a Newstart Activity Agreement that is in force.”.
“1256A. (1) Subject to subsection (2), a decision by the Social Security Appeals Tribunal (SSAT) comes into operation immediately on the giving of the decision.
“(2) The SSAT may specify in a decision that the decision is not te come into operation until a later day specified in the decision and if it does so the decision comes into operation on that later day.”.
“1298a. The Secretary and the Employment Secretary may agree on administrative arrangements to further the objectives of Parts 2.11 and 2.12 which may be arrangements under which officers of the Employment Department perform duties, or exercise powers or functions, under or in relation to those Parts.”.
22. Section 1299 of the Principal Act is amended:
(a) by omitting “The” and substituting “Subject to subsections (2) and (3), the”;
(b) by adding at the end the following subsections:
“(2) The Secretary cannot delegate the Secretary’s powers under paragraph 1314 (1) (b) (disclosure of information).
“(3) With regard to the powers of the Secretary under:
(a) section 518 (move to area of lower employment prospects); and
(b) section 597 (move to area of lower employment prospects); and
(c) Subdivisions B and C of Division 1 of Part 2.12 (activity testing for newstart allowance and Newstart Activity Agreement);
the Secretary:
(e) must delegate the powers to officers nominated by the Employment Secretary; and
(f) cannot delegate those powers to any other officers.”.
23. Section 1301 of the Principal Act is amended:
(a) by omitting from subsection (1) “The” and substituting “Subject to subsection (1a), the”;
(b) by inserting after subsection (1) the following subsection:
“(1a) The only officers who may be authorised to perform duties as authorised review officers for the purposes of:
(a) section 518 (move to area of lower employment prospects); and
(b) section 597 (move to area of lower employment prospects); and
(c) Subdivisions B and C of Division 1 of Part 2.12 (activity
testing for newstart allowance and Newstart Activity Agreement);
are officers nominated by the Employment Secretary.”.
“(3) Where the Employment Secretary prepares a report on the operation of the CES during a year for giving to a Minister who is required to lay the report before each House of the Parliament, the report must include information about the activities of officers of the Employment Department in relation to activity tests and Newstart Activity Agreements under this Act.”.
25. Section 1363 of the Principal Act is amended:
(a) by omitting “Payments” and substituting “Subject to subsection (2), payments”;
(b) by adding at the end the following subsection:
“(2) The following payments:
(a) payments to persons entitled to a job search training supplement under section 560 of job search allowances (including that supplement);
(b) payments to persons entitled to a newstart training supplement under section 644 of newstart allowances (including that supplement);
are to be made out of money appropriated by the Parliament:
(c) for the purpose of those payments; or
(d) for the purpose of the allowance known as the Formal Training Allowance.”.
26. The Principal Act is amended as set out in the Schedule.
27. (1) In this section:
(a) an unemployment benefit; or
(b) a job search allowance;
under the
Subject to subsection (5), if, but for this Act, a person would have been entitled to a job search allowance under the Principal Act in respect of 1 July 1991, the person is, on that day, entitled to a job search allowance under the Principal Act as amended by this Act.
(3) Subject to subsection (5), if:
(a) but for this Act, a person would have been entitled to an unemployment benefit under the Principal Act in respect of 1 July 1991; and
(b) on that day, the person had not been in receipt of an old benefit or old benefits for longer than 12 months;
the person is, on that day, entitled to a job search allowance under the Principal Act as amended by this Act.
(4) Subject to subsection (5), if:
(a) but for the abolition of the training allowance, a person would have been entitled to that allowance on 1 July 1991; and
(b) on that day the person had not been in receipt of an old benefit or old benefits for longer than 12 months;
the person is, on that day, entitled to a job search allowance under the Principal Act as amended by this Act.
(5) If:
(a) but for this subsection, a person would, under subsection (2), (3) or (4), have been entitled, on 1 July 1991, to a job search allowance under the Principal Act as amended by this Act; and
(b) before 26 July 1991:
(i) the person will have turned 18; and
(ii) the anniversary of the start of the period for which the person had been in receipt of an old benefit or old benefits immediately before 1 July 1991 will have occurred;
the person is, on 1 July 1991, entitled to a newstart allowance under the Principal Act as amended by this Act.
(6) If:
(a) but for this Act, a person would have been entitled to an unemployment benefit under the Principal Act in respect of 1 July 1991; and
(b) on that day the person had been in receipt of an old benefit or old benefits for longer than 12 months;
the person is on that day entitled to a newstart allowance under the Principal Act as amended by this Act.
(7) If:(a) but for the abolition of the training allowance, a person would have been entitled to that allowance on 1 July 1991; and
(b) on that day, the person had been in receipt of an old benefit or old benefits for longer than 12 months;
the person is, on that day, entitled to a newstart allowance under the Principal Act as amended by this Act.
“(1aa) A reference in this Act to a job search allowance is a reference to a job search allowance under the
“(1aaa) A reference in this Act to an unemployment benefit is a reference to:
(a) a job search allowance under the
Social Security Act 1991 being paid to a person who has turned 18; or
(b) a newstart allowance under that Act.”.
“(1aaa) A reference in this Act to a job search allowance is a reference to a job search allowance under the
“(1aab) A reference in this Act to an unemployment benefit is a reference to:
(a) a job search allowance under the
Social Security Act 1991 being paid to a person who has turned 18; or
(b) a newstart allowance under that Act.”.
SCHEDULE Section 26
CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
PART 1
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Omit “unemployment benefit”, substitute “newstart allowance,”.
Omit the paragraph.
Omit “sections 519, 522 to 527 and 597 and 598”, substitute “section 524”.
(a) Omit paragraph (a), substitute:“(a) a newstart allowance education leavers waiting period under section 622; or”.
(b) Omit “612 and 613”, substitute “540 and 541”.
(a) Omit paragraph (a), substitute:“(a) a newstart allowance ordinary waiting period under sections 620 and 621; or”.
(b) Omit “610 and 611”, substitute “538 and 539”.
Omit paragraph (a), substitute:
“(a) newstart allowance; or”.
Omit the definitions.
(a) Omit paragraph (a), substitute:“(a) a newstart allowance unused annual leave waiting period under sections 617 to 619; or”.
(b) Omit “607 to 609”, substitute “535 to 537”.
(a) Omit paragraphs (a), (b) and (c), substitute:“(a) newstart allowance unused annual leave waiting period under sections 617 to 619; or
(b) newstart allowance ordinary waiting period under sections 620 and 621; or
(c) newstart allowance education leavers waiting period in sections 622 and 623; or”.
(b) Omit “607 to 609”, substitute “535 to 537”.
(c) Omit “610 and 611”, substitute “538 and 539”.
(d) Omit “612 and 613”, substitute “540 and 541”.
Omit “(unemployment benefit), Part 2.12 (job search allowance)”, substitute “(job search allowance), Part 2.12 (newstart allowance)”.
Repeal the section.
Repeal the section.
(a) Omit “National Director of the CES”, substitute “Employment Secretary”.
(b) Omit “523, 526 and 598”, substitute “sections 524 and 525”.
Omit all words from and including “For example”.
Omit “unemployment benefit or job search allowance”, substitute “job search allowance or newstart allowance”.
Omit the paragraph, substitute:
“(c) the person is qualified for a job search allowance or a newstart allowance in respect of the period (see sections 514 and 594); or”.
Omit “unemployment benefit”, substitute “newstart allowance”.
(a) After “who” insert “has not turned 18”.
(b) Omit “589 (2)”, substitute “514 (2)”.
After “person” insert “who has not turned 18”.
Omit “unemployment benefit, job search allowance”, substitute “job search allowance, newstart allowance”.
Omit “unemployment benefit job search allowance”, substitute “job search allowance, newstart allowance”.
Omit “unemployment benefit” (wherever occurring), substitute “newstart allowance”.
Omit the paragraphs, substitute the following:
“(c) the person is not disqualified for a job search allowance or newstart allowance for the period solely because of the operation of one or more of the following:
(i) subparagraph 513 (c) (iv) or 593 (g) (iv) (is not registered as being unemployed by the CES);
(ii) section 517 or 596 (unemployment due to industrial action);
(iii) section 518 or 597 (move to area of lower employment prospects); and
(d) in a case where the person is qualified for a job search allowance
or newstart allowance but the allowance is not payable to the person for the period—that result is not produced solely by the operation of one or more of the following:
(i) subsection 543 (3) or 627 (3) (person failing to comply with Secretary’s requirements);
(ii) section 544 or 628 (unemployment due to voluntary act);
(iii) section 545 or 629 (unemployment due to misconduct);
(iv) section 546 or 630 (refusal of job offer);
(v) section 547 or 631 (person failing to comply with notification requirement);
(vi) section 548 or 632 (person failing to continue CES registration);
(vii) section 549 or 633 (seasonal workers);
(viii) section 550 or 634 (move to area of lower employment prospects); and”.
(a) Omit “unemployment benefit or job search allowance”, substitute “job search allowance or newstart allowance”.
(b) Omit “benefit or” wherever occurring.
Omit “unemployment benefit or job search allowance” (wherever occurring), substitute “job search allowance or newstart allowance”.
Omit “receiving unemployment benefit”, substitute:
“receiving:
(i) in the case of a person who has turned 18—job search allowance; or
(ii) newstart allowance;
immediately”.
Omit “unemployment benefit or job search allowance” (wherever occurring), substitute “job search allowance or newstart allowance”.
Omit “unemployment benefit or job search allowance”, substitute “job search allowance or newstart allowance”.
After “allowance” insert “of a person who has not turned 18”.
Omit “514 (unemployment benefit) and 540 (job search allowance)”, substitute “517 (job search allowance) and 596 (newstart allowance)”.
Omit “UB”, substitute “NS”.
Omit “job search allowance or sickness benefit”, substitute “sickness benefit or, in the case of a person who has not turned 18, job search allowance”.
Omit “an unemployment benefit, job search allowance”, substitute “a job search allowance, newstart allowance”.
Omit “subsection 589 (2)”, substitute “section 514”.
Omit the paragraph, substitute:
“(a) job search allowance for a person who has turned 18; or (aa) newstart allowance; or”.
Omit “514 (unemployment benefit) and 590 (job search allowance)”, substitute “517 (job search allowance) and 596 (newstart allowance)”.
Omit “UB” wherever occurring, substitute “NS”.
Omit “unemployment benefit or sickness benefit”, substitute “sickness benefit, newstart allowance or, in the case of a person who has turned 18, job search allowance”.
Omit “unemployment benefit”, substitute “newstart allowance or, in the case of a person who has turned 18, job search allowance”.
Omit “unemployment benefit, job search allowance”, substitute “job search allowance, newstart allowance”.
Omit “unemployment benefit”, substitute “newstart allowance or, if the person has turned 18, job search allowance”.
Omit “Unemployment benefit, job search allowance”, substitute “Job search allowance, newstart allowance”.
Omit “unemployment benefit, job search allowance”, substitute “job search allowance, newstart allowance”.
Omit “unemployment benefit”, substitute “newstart allowance”.
Omit the subparagraph, substitute:
“(i) newstart allowance; or”.
Omit the paragraph.
Omit “UB and”.
Omit “(4)”, substitute “(3)”.
Omit the paragraph.
Omit “UB and”.
Omit the paragraphs.
Omit Note to and including “are”, substitute “section 670 (sickness benefit) provides that sickness benefit is”.
Omit the paragraphs.
Omit the subparagraphs.
Omit “unemployment benefit, job search allowance”, substitute “job search allowance, newstart allowance”.
Omit “unemployment benefit or job search allowance” (wherever occurring), substitute “job search allowance or newstart allowance”.
Omit “an unemployment benefit or job search allowance” (wherever occurring), substitute “a job search allowance or newstart allowance”.
1. No. 46, 1991.
2. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos 24, 65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; Nos. 44, 131, 132 and 141, 1987; Nos. 85, 87, 99 and 155, 1988; No. 95, 1989; Nos. 3 and 119, 1990; and Nos. 6 and 57, 1991.
3. No. 95, 1953, as amended. For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 92, 118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983; Nos. 46, 63, 72, 120, 135 and 165, 1984; Nos. 24, 53, 65, 70, 95, 127 and 167, 1985; Nos. 28, 75, 94 and 115, 1986; Nos. 22, 44, 72, 118, 131 and 132, 1987; Nos. 79, 87, 99 and 155, 1988; No. 95, 1989; Nos. 3 and 119, 1990; and No. 6, 1991.
NOTE ABOUT HEADINGS IN THE SOCIAL SECURITY ACT 1991
On the day on which Part 2 commences, the following headings in the
Social Security Act 1991 are amended as shown:
Heading to section 15:
Omit
“UB and JS work” , substitute“JSA and NS activity” .
Heading to section 16:
Omit
“UB and JS” , substitute“JS and NS” .
Heading to section 28:
Omit
“UB and JSA work” , substitute“JS activity” .
Heading to section 699:
Omit
“unemployment benefit” , substitute“newstart allowance” .
Heading to section 1067:
After
“allowance” insert“(under 18)” .
Heading to section 1068:
Omit
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House of Representatives on 18 April 1991
Senate on 14 May 1991
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