Social Security (Reasonable Excuse) (DEST) Determination 2006 (Cth)

Social Security (Reasonable Excuse) (DEST) Determination 2006

Social Security Act 1991

I, LISA MARIAN PAUL, Secretary of the Department of Education, Science and Training, make this Determination under subsections 550(2A), 550B(2A), 576(2A) and 576A(2A) of the Social Security Act 1991.

Dated               6          February          2006

Signed

Lisa Paul

Secretary of the Department of Education, Science and Training

1              Name of Determination

This Determination is the Social Security (Reasonable Excuse) (DEST) Determination 2006.

2              Commencement

This Determination commences on 1 July 2006.

3              Definitions

In this Determination:

Act means the Social Security Act 1991.

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

4              Matters to be taken into account in determining if a person had a reasonable excuse

(1)   Subject to subsection (3), if the Secretary has reason to believe that one or more of the matters set out in subsection (2) is relevant to the question of whether:

(a)    for subsection 550 (2) of the Act, a person had a reasonable excuse for committing a youth allowance participation failure; or

(b)    for paragraph 550B (2) (a) of the Act, a person had a reasonable excuse for a failure of a kind referred to in paragraph 550B (1) (c); or

(c)                for subsection 576 (2A) of the Act, a person had a reasonable excuse for committing an austudy participation failure; or

(d)    for paragraph 576A (2A) of the Act, a person had a reasonable excuse for a failure of a kind referred to in paragraph 576A (1) (c) of the Act;

the Secretary must take the matter into account.

(2)   The matters are:

(a)    the fact that the person is living in a non-permanent location on the streets or is using emergency accommodation or refuge at the time that the failure occurred; and

(b)    the literacy and language skills of the person, if the person’s lack of such skills is significant; and

Example for paragraph (b)

If the person is unable to comprehend a requirement or an instruction, despite the requirement or instruction being delivered in a form that the person is most likely to comprehend.

(c)    any illness, impairment or condition of the person that requires frequent treatment, including any illness that is episodic or unpredictable in nature; and

(d)    any cognitive or neurological impairment of the person; and

(e)    any psychiatric or psychological impairment or mental illness of the person; and

(f)    any drug or alcohol dependency of the person; and

(g)    any unforeseen family or caring responsibilities of the person; and

(h)    the death of an immediate family member; and

(i)    if:

(i)    the person has been in gaol; and

(ii)    the period that the person spent in gaol exceeded 14 days; and

(iii)    the person has been released; and

(iv)    the person was released not more than 28 days before the person’s failure to comply with the Act;

the person’s release from gaol.

(3)   Subsections (1) and (2) do not apply unless the Secretary is satisfied that the matter had a significant effect on the person’s capacity to comply with the requirement or the provision of the Act to which the failure relates.