Social Security (Satisfaction of the Activity Test Classes of Persons) (FaHCSIA) Specification 2009 (No. 1) (Cth)

Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1)

as amended

made under subsection 731A (11A) of the

Social Security Act 1991

This compilation was prepared on 17 June 2010

taking into account amendments up to Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Amendment Specification 2010 (No. 1)

Prepared by the Public Law Branch,

Department of Families, Housing, Community Services and Indigenous Affairs, Canberra

Contents

Page

1  Name (see Note 1)

2  Commencement (see Note 1)

3  Interpretation

4  Specification of classes of persons

Notes

Table of Amendments

1. Name (see Note 1)

This Instrument is the Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1).

1. Commencement (see Note 1)

This Instrument commences on 1 July 2009.

1. Interpretation

(1)   In this Instrument:

Act means the Social Security Act 1991.

low capacity to work has the meaning given by subsection 3(2).

Stream 4 employment services means those services specified as Stream 4 in the Employment Services Contract 2009-2012.

vocational services means services the dominant objective of which is to secure employment for the person receiving the services.

Example

Psychological counselling would not be a vocational service.

(2)   A person has a low capacity to work if the Secretary is satisfied that:

(a)    the person has a physical, intellectual or psychiatric impairment; and

(b)    the impairment, of itself, prevents the person from doing 15 hours per week of work independently of a program of support.

(3)   For subsection (2), 15 hours per week of work means work:

(a)    that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and

(b)    that exists in Australia, even if not within the person’s locally accessible labour market.

(4)   For subsection (2), a person is able to do work independently of a program of support if the Secretary is satisfied that, to do the work, the person:

(a)    does not need or would not need a program of support that:

(i)   is designed to assist the person to prepare for, find or maintain work; and

(ii)   is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or

(b)    needs or would need such a program of support, but only occasionally; or

(c)    needs or would need such a program of support, but not on an ongoing basis.

1. Specification of classes of persons

For subparagraph 731A(11)(b)(i) of the Act, the following classes of persons are specified:

(a)    persons receiving Stream 4 employment services where those services do not include vocational services;

(b)    persons who have a low capacity to work;

(c)    persons who are the principal carers of one or more children.

Notes

Note 1

The Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1) (in force under subsection 731A (11A) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1)	30 June 2009 (see F2009L02623)	1 July 2009
Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Amendment Specification 2010 (No. 1)	1 June 2010 (see F2010L01442)	1 July 2010	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S.4(b)......................................	rs. 2010 F2010L01442;
S.4(c)......................................	ad. 2010 F2010L01442;