Social Security (Payment Pending SSAT Application for Review) (DEWR) Guidelines 2007 (Cth)

Social Security (Payment Pending—SSAT Application for Review) (DEWR) Guidelines 2007

I, JOE HOCKEY, Minister for Employment and Workplace Relations, make the following determination under section 146 of the Social Security (Administration) Act 1999.

Dated                Seventeenth of July 2007.

JOE HOCKEY

Minister for Employment and Workplace Relations

Part 1            Preliminary

1          Name of Determination

This determination is the Social Security (Payment Pending—SSAT Application for Review) (DEWR) Guidelines 2007.

2          Commencement

This determination commences immediately after the commencement of the Social Security (Payment Pending – SSAT Application for Review) Guidelines 2004 – Revocation 2007.

3          Revocation

The Social Security (Payment Pending—SSAT Application for Review) Guidelines 2004 are revoked to the extent that they relate to matters within the responsibility of the Department of Employment and Workplace Relations.

4          Interpretation

In this determination:

1991 Act means the Social Security Act 1991;

2005 Act means the Employment and Workplace Relations Legislation (Welfare to Work and Other Measures) Act 2005;

2004 guidelines means the Social Security (Payment Pending—SSAT Application for Review) Guidelines 2004.

Act means the Social Security (Administration) Act 1999;

adverse decision has the meaning given by subsection 145(6) of the Act;

compliance penalty period, in relation to a person, means:

(a)a period during which parenting payment is not payable to the person because of section 500ZE of the 1991 Act; or

(b)a period during which youth allowance is not payable to the person because of section  551 of the 1991 Act ; or

(c)a period during which newstart allowance is not payable to the person because of section 629 of the 1991 Act.

newstart allowance means the social security payment under Part 2.12 of the 1991 Act;

newstart participation failure has the same meaning as in section 624 of the 1991 Act;

parenting payment means the social security payment under Part 2.10 of the 1991 Act;

parenting payment participation failure has the same meaning as in  section 500ZA of the 1991 Act;

participation failure means:

(a)   a newstart participation failure; or

(b)   a parenting payment participation failure; or

(c)   a youth allowance participation failure;

Secretary means the Secretary of the Department of Employment and Workplace Relations;

social security payment has the same meaning as in subsection 23(1) of the 1991 Act;

SSAT means the Social Security Appeals Tribunal established under Schedule 3 of the Act;

youth allowance means the social security payment under Part 2.11 of the 1991 Act;

youth allowance participation failure has the same meaning as in section 550 of the 1991 Act.

5          Purpose

The purpose of this determination is to set out the guidelines for the exercise of the Secretary’s power to make declarations under subsection 145(1) of the Act in relation to social security payments to persons who are subject to a compliance penalty period.

Part 2            Guidelines

6          Application of a compliance penalty period

Continuation of payment or allowance during review

(1)    If a person in receipt of parenting payment, youth allowance or newstart allowance:

(a)    is subject to an adverse decision that results in the application of a compliance penalty period of 8 weeks in accordance with section 500ZE, 551 or 629 of the 1991 Act; and

(b)    applies to the SSAT under subsection 142(1) or (2) of the Act for review of the adverse decision;

then, subject to subsection (2) or (3), the Secretary must declare under section 145 of the Act that:

(c)     the payment or allowance, as the case may be, is payable to the person from the date that the compliance penalty period commenced or is to commence; and

(d)    the payment or allowance is to continue to be payable to the person pending the determination of the review, as if the adverse decision had not been made.

Withdrawal of application for review

(2) Subsection (1) ceases to apply if the person in receipt of the payment or allowance withdraws the application for review under section 171 of the Act.

Compliance penalty period completed before application for review

(3)    Subsection (1) does not apply if the compliance penalty period has been completed before the person in receipt of the payment or allowance has applied to the SSAT under subsection 142(1) or (2) of the Act for review of the adverse decision.

7              Saving provision relating to activity test non-payment periods

(1)     If:

(a)     a saving provision in the 2005 Act saves an activity test non-payment period; and

(b) the person subject to the adverse decision giving rise to that activity test non-payment period applies to the SSAT under section 141 of the Act for review of the decision (whether before or after commencement of these Guidelines);

then section 5 or 6 (as applicable) of the 2004 guidelines continues to apply in relation to the Secretary’s power under section 145 of the Act as if that section of the 2004 guidelines had not been repealed by the Social Security (Payment Pending – SSAT Application for Review) Guidelines 2004 – Revocation 2007.