Social Security (Special Circumstances relating to a Person's Family) (FaCSIA) Determination 2006 (Cth)

Social Security (Special Circumstances relating to a Person’s Family) (FaCSIA) Determination 2006

Social Security Act 1991

I, Dr Jeff Harmer, Secretary of the Department of Families, Community Services and Indigenous Affairs, make this Determination under subsection 731DA(2A) of the Social Security Act 1991.

Dated             6 February   2006

J Harmer

Dr Jeff Harmer

Secretary of the Department of Families, Community Services and Indigenous Affairs

1          Name of determination

This Determination is the Social Security (Special Circumstances relating to a Person’s Family) (FaCSIA) 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 deciding whether there are special circumstances relating to a person’s family

(1) The Secretary must take into account matters set out in subsection (2) in deciding whether there are special circumstances in relation to a person’s family that make it appropriate to make a determination in relation to the person under section 731DA of the Act.

(2)       The matters are:

(a)       if the person cares for one or more children, who have turned 6, but who have not commenced school - the caring responsibilities of the person; and

(b)       any significant caring responsibilities of the person that:

(i)         require the person to care temporarily for an immediate family member who is incapacitated due to illness or accident; and

(ii)prevent, or are likely to prevent, the person from both being able to look for work and being able to participate in training activities;

unless the Secretary is satisfied that the responsibilities could have been avoided with appropriate planning; and

(c)if:

(i)the person has been subjected to domestic violence; and

(ii)the domestic violence specifically affects the person’s capacity to both look for work and participate in training activities,

the impact of the domestic violence; and

(d)       if:

(i) the person has ceased to be a member of a couple in the period of 4 weeks before the date of the proposed determination under section 731DA of the Act; and

(ii)        the effect of ceasing to be a member of a couple has had a significant adverse impact on the person’s emotional or physical wellbeing; and

(iii)the effect on the person’s wellbeing will prevent, or is likely to prevent, the person from both being able to look for work and being able to participate in training activities;

the person’s emotional or physical wellbeing.