Social Security (Prospective Determinations) Guidelines 2015 (Cth)

Social Security (Prospective Determinations) Guidelines 2015

Social Security Act 1991

I, CHRISTIAN PORTER, Minister for Social Services, make these Guidelines under paragraphs 500E(2)(a), 546(2)(a) and 600(2)(a) of the Social Security Act 1991.

Dated: 29 November 2015

CHRISTIAN PORTER

Minister for Social Services

1              Name of Guidelines

These Guidelines are the Social Security (Prospective Determinations) Guidelines 2015.

2              Commencement

These Guidelines commence on the day after they are registered.

3              Revocation

The following determinations are revoked:

(a)Social Security (Prospective Determinations for Newstart Recipients) Guidelines No. 1 of 1996; and

(b)Social Security (Prospective Determinations for Parenting Payment Recipients) (DEWR) Guidelines 2006.

4              Definitions

   In these Guidelines:

Act means the Social Security Act 1991.

Note   Other words and phrases used in these Guidelines that are defined in the Act have the meaning given by the Act.

5Purpose of Guidelines

These Guidelines provide guidance to the Secretary in deciding whether the criteria set out in paragraphs 500E(1)(b), 546(1)(b) and 600(1)(b) of the Act are satisfied.

6              Circumstances relating to criteria

The Secretary may conclude that a person does not satisfy the criteria set out in paragraphs 500E(1)(b), 546(1)(b) and 600(1)(b) of the Act if the Secretary is satisfied that:

(a)   the person is required, under a provision of the Act, to provide additional evidence that the person satisfies:

(i)   the participation requirements for parenting payment; or

(ii)  the activity test for youth allowance or newstart allowance;

including a written record, endorsed by the relevant employer, of approaches to the employer for the purposes of finding work; or

(b)  the person has incurred an overpayment arising from the person’s failure to comply with the provisions of the Act; or

(c)  the person has contravened a provision of the Act; or

(d)  there has been a change in the person’s domestic circumstances that might affect:

(i)    the person’s qualification for parenting payment, youth allowance or newstart allowance (as the case requires); or

(ii)   the rate of parenting payment, youth allowance or newstart allowance (as the case requires) being paid to the person.

7            Maximum prospective period

For paragraphs 500E(1)(b), 546(1)(b) and 600(1)(b) of the Act, the maximum length of a period is 12 weeks.