Social Security Amendment (National Green Jobs Corps Supplement) Act 2009

Administered by Department of Social Services

Legislation au C2009A00116 In force Act

Legislation content

 

 

 

 

 

 

Social Security Amendment (National Green Jobs Corps Supplement) Act 2009

 

No. 116, 2009

 

 

 

 

 

An Act to amend the law relating to social security, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Social Security Act 1991

 

 

 

Social Security Amendment (National Green Jobs Corps Supplement) Act 2009

No. 116, 2009

 

 

 

An Act to amend the law relating to social security, and for related purposes

[Assented to 4 December 2009]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Social Security Amendment (National Green Jobs Corps Supplement) Act 2009.

2  Commencement

  This Act commences on the day this Act receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Social Security Act 1991

1  Subsection 23(1)

Insert:

National Green Jobs Corps program means the program administered by the Commonwealth known as the National Green Jobs Corps Program.

2  Subsection 23(1)

Insert:

National Green Jobs Corps supplement means:

 (a) an amount payable under subsection 503C(2) to a person receiving a parenting payment; or

 (b) an amount payable under subsection 556B(2) to a person receiving youth allowance; or

 (c) an amount payable under subsection 645(2) to a person receiving newstart allowance.

3  After paragraph 23(4AA)(aa)

Insert:

 (ab) provisions in Chapter 2 that provide for an increase in a person’s rate of payment by a National Green Jobs Corps supplement;

4  At the end of Subdivision A of Division 4 of Part 2.10

Add:

503C  National Green Jobs Corps supplement

 (1) This section applies if a person:

 (a) is receiving a parenting payment; and

 (b) has reached 17, but is under 25, years of age; and

 (c) is participating in the National Green Jobs Corps program; and

 (d) started participating in that program before 2012.

 (2) The rate of the person’s parenting payment is increased by an amount of $41.60 (to be known as a National Green Jobs Corps supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.

 (3) However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if:

 (a) both:

 (i) a Parenting Payment Employment Pathway Plan is in force in relation to the person; and

 (ii) during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan; or

 (b) the rate of the person’s parenting payment is increased by training supplement for the fortnight.

5  After subsection 541(1B)

Insert:

Participation in the National Green Jobs Corps program

 (1C) A person also satisfies the activity test in respect of a period if, throughout the period, the person is participating in the National Green Jobs Corps program.

6  After section 556A

Insert:

556B  National Green Jobs Corps supplement

 (1) This section applies if a person:

 (a) is receiving youth allowance; and

 (b) is only qualified for youth allowance under section 540; and

 (c) satisfies the Secretary that the person is not undertaking full‑time study (see section 541B); and

 (d) has reached 17 years of age; and

 (e) is participating in the National Green Jobs Corps program; and

 (f) started participating in that program before 2012.

 (2) The rate of the person’s youth allowance is increased by an amount of $41.60 (to be known as a National Green Jobs Corps supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.

 (3) However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if:

 (a) a Youth Allowance Employment Pathway Plan is in force in relation to the person; and

 (b) during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan.

7  After subsection 601(4C)

Insert:

 (4D) A person also satisfies the activity test in respect of a period if, throughout the period, the person is participating in the National Green Jobs Corps program.

8  Subsection 601(5)

Omit “or (4B)”, substitute “, (4B) or (4D)”.

9  After section 644AAC

Insert:

645  National Green Jobs Corps supplement

 (1) This section applies if a person:

 (a) is receiving newstart allowance; and

 (b) is under 25 years of age; and

 (c) is participating in the National Green Jobs Corps program; and

 (d) started participating in that program before 2012.

 (2) The rate of the person’s newstart allowance is increased by an amount of $41.60 (to be known as a National Green Jobs Corps supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.

 (3) However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if:

 (a) both:

 (i) a Newstart Employment Pathway Plan is in force in relation to the person; and

 (ii) during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan; or

 (b) the rate of the person’s newstart allowance is increased by training supplement for the fortnight.

10  Subsection 1049(2A)

After “training supplement”, insert “or a National Green Jobs Corps supplement”.

11  Section 1188KA

After “training supplement”, insert “or a National Green Jobs Corps supplement”.

12  At the end of paragraph 1223(7)(b)

Add:

 or (v) if the person was receiving a parenting payment, youth allowance or newstart allowance—the rate of the person’s parenting payment, youth allowance or newstart allowance was increased by an amount of National Green Jobs Corps supplement when that rate should not have been so increased;

13  At the end of subsection 1223(7)

Add:

 ; (g) the amount of National Green Jobs Corps supplement.

 

 [Minister’s second reading speech made in—

House of Representatives on 17 September 2009

Senate on 19 November 2009]

(175/09)

 

Overview

The Social Security Amendment (National Green Jobs Corps Supplement) Act 2009 was enacted by the Parliament of Australia to address the need for supporting young Australians in green job opportunities while receiving social security payments. This Act was designed to provide an additional supplement to eligible recipients of parenting payments, youth allowances, and newstart allowances who are participating in the National Green Jobs Corps Program. By introducing this supplement, the Act aims to incentivise participation in green job training and employment, thereby promoting environmental sustainability and workforce development among the youth demographic. The Act came into effect on the day it received Royal Assent, which was 4 December 2009.

Scope and Application

The Social Security Amendment (National Green Jobs Corps Supplement) Act 2009 applies to individuals receiving specific social security payments, specifically parenting payments, youth allowances, and newstart allowances, and who are participating in the National Green Jobs Corps Program. This Act amends the Social Security Act 1991 to introduce a supplement, referred to as the National Green Jobs Corps supplement, payable to eligible individuals participating in the National Green Jobs Corps program. This Act operates within the Commonwealth jurisdiction of Australia, and it is effective from the date of its Royal Assent. The Act's application can be further extended or modified through subordinate instruments, such as regulations, which may provide additional details on the implementation and administration of the supplement. There are no explicit exclusions or exemptions stated in the Act, although it does specify conditions under which the supplement is not payable, such as when the individual fails to comply with their employment pathway plan or if they receive another supplement concurrently.

Key Provisions

The Social Security Amendment (National Green Jobs Corps Supplement) Act 2009 amends the Social Security Act 1991 to introduce a new supplement, the National Green Jobs Corps supplement, which is payable to eligible individuals participating in the National Green Jobs Corps program. Specifically, Section 503C (2) increases the rate of parenting payment by $41.60 for each fortnight for individuals aged 17 to under 25 who are participating in the program and started before 2012, subject to certain conditions (Section 503C(3)). Similarly, Section 556B (2) increases the rate of youth allowance by $41.60 for each fortnight for individuals who are not undertaking full-time study, aged 17 or over, and participating in the program before 2012, subject to compliance with their Youth Allowance Employment Pathway Plan (Section 556B(3)). Lastly, Section 645 (2) increases the rate of newstart allowance by $41.60 for each fortnight for individuals under 25 participating in the program before 2012, subject to compliance with their Newstart Employment Pathway Plan (Section 645(3)). The Act imposes specific obligations on the eligible recipients of social security payments, requiring them to participate in the National Green Jobs Corps program and adhere to their respective Employment Pathway Plans. For instance, Section 503C(3) stipulates that a National Green Jobs Corps supplement is not payable if the recipient fails to comply with their Parenting Payment Employment Pathway Plan. Similarly, Section 556B(3) states that the supplement is not payable if the recipient fails to comply with their Youth Allowance Employment Pathway Plan. Section 645(3) applies the same condition to recipients of newstart allowance, stating that the supplement is not payable if the recipient fails to comply with their Newstart Employment Pathway Plan. Breach of these conditions results in the cessation of the National Green Jobs Corps supplement. Additionally, the Act outlines consequences for overpayments resulting from erroneous supplement payments. According to Section 1223(7), individuals who receive a supplement when they should not have, or when the supplement rate should not have been increased, are subject to financial recovery of the overpaid amount. The Act does not specify particular penalties for these breaches but refers to general recovery processes under the Social Security Act 1991.

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Social Security Law
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Definitions & Interpretation
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.