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EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION AMENDMENT (WELFARE TO WORK AND OTHER MEASURES) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Employment and Workplace Relations
Legislation Amendment (Welfare to
Work and Other Measures) Bill 2005
No. , 2005
(Employment and Workplace Relations)
A Bill for an Act to amend the social security law,
and for other purposes
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 ii
Contents
1 Short
title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................5
Schedule 1--Definitions and other interpretative provisions
6
Part 1--Amendments commencing on 1 July 2006
6
Social Security Act 1991
6
Part 2--Amendments commencing on 20 September 2006
16
Social Security Act 1991
16
Part 3--Miscellaneous
18
Schedule 2--Disability support pension
19
Part 1--Participation
19
Social Security Act 1991
19
Part 2--Seasonal work preclusion period
26
Social Security Act 1991
26
Part 3--Approved program of work supplement
28
Social Security Act 1991
28
Schedule 3--Carer payment
30
Social Security Act 1991
30
Schedule 4--Parenting payment
32
Part 1--Participation
32
Social Security Act 1991
32
Part 2--Compliance
56
Social Security Act 1991
56
Part 3--Seasonal work preclusion period
62
Social Security Act 1991
62
Schedule 5--Youth allowance
63
Part 1--RapidConnect
63
Social Security Act 1991
63
iii Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005
Part 2--Participation
65
Social Security Act 1991
65
Part 3--Compliance
81
Social Security Act 1991
81
Schedule 6--Austudy payment
93
Part 1--Compliance
93
Social Security Act 1991
93
Part 2--Seasonal work preclusion period
101
Social Security Act 1991
101
Schedule 7--Newstart allowance
103
Part 1--RapidConnect
103
Social Security Act 1991
103
Part 2--Participation
105
Social Security Act 1991
105
Part 3--Compliance
123
Social Security Act 1991
123
Part 4--Consequential amendment
133
Social Security Act 1991
133
Schedule 8--Employment entry payment
134
Social Security Act 1991
134
Schedule 9--Sickness allowance
141
Social Security Act 1991
141
Schedule 10--Special benefit
143
Part 1--Participation
143
Social Security Act 1991
143
Part 2--Compliance
155
Social Security Act 1991
155
Part 3--Rate of special benefit
165
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 iv
Social Security Act 1991
165
Schedule 11--Mobility allowance
166
Social Security Act 1991
166
Schedule 12--Advance payments of benefit PP (partnered)
173
Social Security Act 1991
173
Schedule 13--Pensioner education supplement
175
Social Security Act 1991
175
Schedule 14--Telephone allowance
178
Part 1--Amendments commencing on Royal Assent
178
Social Security Act 1991
178
Part 2--Amendments commencing on 1 July 2006
181
Social Security Act 1991
181
Schedule 15--Concession cards
184
Social Security Act 1991
184
Schedule 16--Pension Rate Calculators
188
Part 1--Amendment of Pension Rate Calculator A
188
Social Security Act 1991
188
Part 2--Amendment of Pension Rate Calculator D
194
Social Security Act 1991
194
Schedule 17--Youth Allowance Rate Calculator
200
Part 1--Income test
200
Social Security Act 1991
200
Part 2--Maximum basic rate
202
Social Security Act 1991
202
Part 3--Pharmaceutical allowance
203
Social Security Act 1991
203
Part 4--Youth disability supplement
204
Social Security Act 1991
204
v Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005
Part 5--Exemption from parental means test
206
Social Security Act 1991
206
Part 6--Income maintenance periods
207
Social Security Act 1991
207
Schedule 18--Austudy Payment Rate Calculator
210
Part 1--Income test
210
Social Security Act 1991
210
Part 2--Income maintenance periods
211
Social Security Act 1991
211
Schedule 19--Benefit Rate Calculator B
214
Part 1--Income test
214
Social Security Act 1991
214
Part 2--Maximum basic rate for certain newstart allowance
recipients
215
Social Security Act 1991
215
Part 3--Pharmaceutical allowance
217
Social Security Act 1991
217
Part 4--Income maintenance periods
218
Social Security Act 1991
218
Schedule 20--Parenting Payment Rate Calculators
221
Part 1--Income test
221
Social Security Act 1991
221
Part 2--Income maintenance periods
222
Social Security Act 1991
222
Schedule 21--Overpayments and debt recovery
227
Social Security Act 1991
227
Schedule 22--Administration
229
Part 1--RapidConnect
229
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 vi
Social Security (Administration) Act 1999
229
Part 2--Disability support pension
231
Social Security (Administration) Act 1999
231
Part 3--Participation
237
Social Security (Administration) Act 1999
237
Part 4--Compliance
238
Social Security (Administration) Act 1999
238
Part 5--Information exchange
245
Social Security (Administration) Act 1999
245
Part 6--Seasonal work preclusion period
248
Social Security (Administration) Act 1999
248
Schedule 23--Other amendments
249
Disability Services Act 1986
249
Family and Community Services Legislation Amendment (Australians
Working Together and other 2001 Budget Measures) Act 2003
250
Social Security Act 1991
250
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 1
A Bill for an Act to amend the social security law,
1
and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Employment and Workplace Relations
5
Legislation Amendment (Welfare to Work and Other Measures) Act
6
2005.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in this
Act not elsewhere
covered by this
table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
Part 1
1 July 2006.
1 July 2006
3. Schedule 1,
Part 2
20 September 2006.
20 September 2006
4. Schedule 1,
Part 3
Immediately after the commencement of
Schedule 1 to the Workplace Relations
Amendment (Work Choices) Act 2005.
5. Schedule 2,
Part 1
1 July 2006.
1 July 2006
6. Schedule 2,
Part 2
20 September 2006.
20 September 2006
7. Schedule 2,
Part 3
1 July 2006.
1 July 2006
8. Schedule 3
20 September 2006.
20 September 2006
9. Schedule 4,
Parts 1 and 2
1 July 2006.
1 July 2006
10. Schedule 4,
Part 3
20 September 2006.
20 September 2006
11. Schedule 5,
Part 1
The day on which this Act receives the
Royal Assent.
12. Schedule 5,
items 3 to 14
1 July 2006.
1 July 2006
13. Schedule 5,
item 15
Immediately after the commencement of
Schedule 1 to the Workplace Relations
Amendment (Work Choices) Act 2005.
14. Schedule 5,
items 16 to 44
1 July 2006.
1 July 2006
15. Schedule 5,
Part 3
1 July 2006.
1 July 2006
16. Schedule 6
Part 1
1 July 2006.
1 July 2006
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
17. Schedule 6
Part 2
20 September 2006.
20 September 2006
18. Schedule 7,
Part 1
The day on which this Act receives the
Royal Assent.
19. Schedule 7,
items 3 to 27
1 July 2006.
1 July 2006
20. Schedule 7,
item 28
Immediately after the commencement of
Schedule 1 to the Workplace Relations
Amendment (Work Choices) Act 2005.
21. Schedule 7,
items 29 to 72
1 July 2006.
1 July 2006
22. Schedule 7,
Parts 3 and 4
1 July 2006.
1 July 2006
23. Schedule 8
1 July 2006.
1 July 2006
24. Schedule 9
20 September 2006.
20 September 2006
25. Schedule 10,
items 1 to 10
1 July 2006.
1 July 2006
26. Schedule 10,
item 11
Immediately after the commencement of
Schedule 1 to the Workplace Relations
Amendment (Work Choices) Act 2005.
27. Schedule 10,
items 12 to 42
1 July 2006.
1 July 2006
28. Schedule 10,
Parts 2 and 3
1 July 2006.
1 July 2006
29. Schedule 11
1 July 2006.
1 July 2006
30. Schedule 12
20 September 2006.
20 September 2006
31. Schedule 13
1 July 2006.
1 July 2006
32. Schedule 14,
Part 1
The day on which this Act receives the
Royal Assent.
33. Schedule 14,
Part 2
1 July 2006.
1 July 2006
34. Schedule 15
1 July 2006.
1 July 2006
35. Schedule 16
20 September 2006.
20 September 2006
36. Schedule 17,
Parts 1 to 5
1 July 2006.
1 July 2006
4 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
37. Schedule 17,
Part 6
20 September 2006.
20 September 2006
38. Schedule 18,
Part 1
1 July 2006.
1 July 2006
39. Schedule 18,
Part 2
20 September 2006.
20 September 2006
40. Schedule 19,
Parts 1 to 3
1 July 2006.
1 July 2006
41. Schedule 19,
Part 4
20 September 2006.
20 September 2006
42. Schedule 20,
Part 1
1 July 2006.
1 July 2006
43. Schedule 20,
Part 2
20 September 2006.
20 September 2006
44. Schedule 21
1 July 2006.
1 July 2006
45. Schedule 22,
Part 1
The day on which this Act receives the
Royal Assent.
46. Schedule 22,
Parts 2 to 4
1 July 2006.
1 July 2006
47. Schedule 22,
Part 5
The day on which this Act receives the
Royal Assent.
48. Schedule 22,
Part 6
20 September 2006.
20 September 2006
49. Schedule 23,
items 1 to 5
1 July 2006.
1 July 2006
50. Schedule 23,
items 6 and 7
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 5
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Definitions and other interpretative provisions
Part 1 Amendments commencing on 1 July 2006
6 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 1--Definitions and other
2
interpretative provisions
3
Part 1--Amendments commencing on 1 July 2006
4
Social Security Act 1991
5
1 Subsection 5(1)
6
Insert:
7
principal carer, of a child, has the meaning given by
8
subsections (15) to (24).
9
2 At the end of subsection 5(2)
10
Add:
11
Note:
For paragraph (a), see also subsection (16).
12
3 At the end of section 5
13
Add:
14
Principal carer
15
(15) A person is the principal carer of a child if:
16
(a) the child is a dependent child of the person; and
17
(b) the child has not turned 16.
18
Note:
The definition of dependent child in subsection (2) requires:
19
(a)
the adult to be legally responsible (whether alone or jointly with
20
another person) for the day-to-day care, welfare and development
21
of the child: subsection (16) deals with the circumstances in
22
which a step-parent is taken to have such legal responsibility; and
23
(b)
a child to be in an adult's care: subsection (17) deals with the
24
circumstances in which a child is taken to remain in an adult's
25
care.
26
(16) For the purpose of determining whether a person is the principal
27
carer of a child, the person is taken to be legally responsible
28
(whether alone or jointly with another person) for the day-to-day
29
care, welfare and development of the child if:
30
(a) the person is the step-parent of the child; and
31
Definitions and other interpretative provisions Schedule 1
Amendments commencing on 1 July 2006 Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 7
(b) the person is living with the child and a parent of the child;
1
and
2
(c) the person and the parent are members of the same couple.
3
This subsection does not, by implication, affect the determination
4
of whether a person is taken to be legally responsible (whether
5
alone or jointly with another person) for the day-to-day care,
6
welfare and development of a child in cases to which this
7
subsection does not apply.
8
(17) For the purpose of determining whether a person is the principal
9
carer of a child, the child is taken to remain in the person's care if:
10
(a) at the start of a period not exceeding 8 weeks, the child
11
leaves the person's care; and
12
(b) throughout the period, the child is the dependent child of
13
another person; and
14
(c) the child returns, or the Secretary is satisfied that the child
15
will return, to the first person's care at the end of the period.
16
This subsection does not, by implication, affect the determination
17
of whether a child is in the care of a person in cases to which this
18
subsection does not apply (for example, if the period exceeds 8
19
weeks).
20
(18) Only one person at a time can be the principal carer of a particular
21
child.
22
(19) If the Secretary is satisfied that, but for subsection (18), 2 or more
23
persons (adults) would be principal carers of the same child, the
24
Secretary must:
25
(a) make a written determination specifying one of the adults as
26
the principal carer of the child; and
27
(b) give a copy of the determination to each adult.
28
(20) The Secretary may make the determination even if all the adults
29
have not claimed a social security payment that is based on, or
30
would be affected by, the adult being the principal carer of the
31
child.
32
(21) If a child:
33
(a) leaves Australia temporarily; and
34
(b) continues to be absent from Australia for more than 13
35
weeks;
36
Schedule 1 Definitions and other interpretative provisions
Part 1 Amendments commencing on 1 July 2006
8 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
a person cannot be the principal carer of the child at any time after
1
the 13 weeks while the child remains absent from Australia unless,
2
at that time:
3
(c) the child is in the company of a person to whom Division 2
4
of Part 4.2 applies; and
5
(d) but for this subsection, the person would be the principal
6
carer of the child; and
7
(e) the person's portability period (within the meaning of that
8
Division) for a social security payment:
9
(i) that the person was receiving immediately before the
10
person's absence from Australia; or
11
(ii) the person's claim for which was granted during the
12
absence;
13
has not ended.
14
(22) For the purposes of subsection (21), in determining if an absence is
15
temporary, regard must be had to the following factors:
16
(a) the purpose of the absence;
17
(b) the intended duration of the absence;
18
(c) the frequency of such absences.
19
(23) If a child:
20
(a) is born outside Australia; and
21
(b) continues to be absent from Australia for a period of more
22
than 13 weeks immediately following the child's birth;
23
a person cannot be the principal carer of the child at any time after
24
the 13 weeks while the child remains absent from Australia unless,
25
at that time:
26
(c) the child is in the company of a person to whom Division 2
27
of Part 4.2 applies; and
28
(d) but for this subsection, the person would be the principal
29
carer of the child; and
30
(e) the person's portability period (within the meaning of that
31
Division) for a social security payment:
32
(i) that the person was receiving immediately before the
33
person's absence from Australia; or
34
(ii) the person's claim for which was granted during the
35
absence;
36
has not ended.
37
Definitions and other interpretative provisions Schedule 1
Amendments commencing on 1 July 2006 Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 9
(24)
If:
1
(a) a person is not the principal carer of a child because of
2
subsection (21) (absence from Australia) or (23) (birth
3
outside Australia), or because of a previous application of
4
this subsection; and
5
(b) the child comes to Australia; and
6
(c) the child leaves Australia less than 13 weeks later;
7
a person cannot be the principal carer of the child when the child
8
leaves Australia as mentioned in paragraph (c).
9
4 After section 5A
10
Insert:
11
5B Registered and active foster carers
12
(1) A person is a registered and active foster carer if the Secretary is
13
satisfied that:
14
(a) the person meets the requirements (if any) of the law of the
15
State or Territory in which the person resides that the person
16
must meet in order to be permitted, under the law of that
17
State or Territory, to provide foster care in that State or
18
Territory; and
19
(b) the person is taken, in accordance with guidelines made
20
under subsection (2), to be actively involved in providing
21
foster care in that State or Territory.
22
(2) The Secretary may, by legislative instrument, make guidelines
23
setting out the circumstances in which persons are taken, for the
24
purposes of the social security law, to be actively involved in
25
providing foster care in that State or Territory.
26
5C Home educators
27
A person is a home educator of a child if the Secretary is satisfied
28
that:
29
(a) the child is receiving, in the person's home, education that
30
wholly or substantially replaces the education that the child
31
would otherwise receive by attending a school; and
32
(b) the person meets the requirements (if any) of the law of the
33
State or Territory in which the person resides that the person
34
Schedule 1 Definitions and other interpretative provisions
Part 1 Amendments commencing on 1 July 2006
10 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
must meet in order to be permitted, under the law of that
1
State or Territory, to provide that education to the child; and
2
(c) the person is suitably involved in providing and supervising
3
that education.
4
5D Distance educators
5
A person is a distance educator of a child if the Secretary is
6
satisfied that:
7
(a) the child is enrolled to receive education by undertaking a
8
distance education curriculum; and
9
(b) the child is undertaking that curriculum; and
10
(c) the person is suitably involved in assisting and supervising
11
the child in relation to that curriculum.
12
5 Subsection 7(7)
13
Omit "subparagraph 593(1)(g)(ii)", substitute "subparagraphs
14
593(1)(g)(ii) and 593(1D)(b)(ii)".
15
6 After section 16A
16
Insert:
17
16B Partial capacity to work
18
(1) A person has a partial capacity to work if:
19
(a) the person has a physical, intellectual or psychiatric
20
impairment; and
21
(b) the Secretary is satisfied that:
22
(i) the impairment of itself prevents the person from doing
23
30 hours per week of work independently of a program
24
of support within the next 2 years; and
25
(ii) no training activity is likely (because of the impairment)
26
to enable the person to do 30 hours per week of work
27
independently of a program of support within the next 2
28
years.
29
(2) A person is treated as doing work independently of a program of
30
support if the Secretary is satisfied that to do the work the person:
31
(a) is unlikely to need a program of support that:
32
Definitions and other interpretative provisions Schedule 1
Amendments commencing on 1 July 2006 Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 11
(i) is designed to assist the person to prepare for, find or
1
maintain work; and
2
(ii) is funded (wholly or partly) by the Commonwealth or is
3
of a type that the Secretary considers is similar to a
4
program of support that is funded (wholly or partly) by
5
the Commonwealth; or
6
(b) is likely to need such a program of support provided
7
occasionally; or
8
(c) is likely to need such a program of support that is not
9
ongoing.
10
(3) In deciding whether he or she is satisfied as mentioned in
11
paragraph (1)(b), the Secretary is to have regard to the guidelines
12
(if any) determined and in force under subsection (4).
13
(4) The Secretary may, by legislative instrument, determine guidelines
14
to be complied with in deciding whether he or she is satisfied as
15
mentioned in paragraph (1)(b).
16
(5) In this section:
17
30 hours per week of work means work:
18
(a) that is for at least 30 hours per week at award wages or
19
above; and
20
(b) that exists in Australia, even if not within the person's locally
21
accessible labour market.
22
training activity means one or more of the following activities,
23
whether or not the activity is designed specifically for people with
24
physical, intellectual or psychiatric impairments:
25
(a)
education;
26
(b)
pre-vocational
training;
27
(c)
vocational
training;
28
(d)
vocational
rehabilitation;
29
(e) work-related training (including on-the-job training).
30
7 Subsection 23(1) (before paragraph (a) of the definition of
31
approved program of work supplement)
32
Insert:
33
(aa) an amount under section 118 to a person receiving disability
34
support pension; or
35
Schedule 1 Definitions and other interpretative provisions
Part 1 Amendments commencing on 1 July 2006
12 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
8 Subsection 23(1)
1
Insert:
2
austudy participation failure has the meaning given by
3
section 576.
4
9 Subsection 23(1) (definition of CSP)
5
Repeal the definition.
6
10 Subsection 23(1)
7
Insert:
8
distance educator has the meaning given by section 5D.
9
11 Subsection 23(1)
10
Insert:
11
home educator has the meaning given by section 5C.
12
12 Subsection 23(1)
13
Insert:
14
newstart participation failure has the meaning given by
15
section 624.
16
13 Subsection 23(1)
17
Insert:
18
Parenting Payment Activity Agreement has the meaning given by
19
subsection 501(6).
20
14 Subsection 23(1)
21
Insert:
22
parenting payment participation failure has the meaning given by
23
section 500ZA.
24
15 Subsection 23(1)
25
Insert:
26
partial capacity to work has the meaning given by section 16B.
27
Definitions and other interpretative provisions Schedule 1
Amendments commencing on 1 July 2006 Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 13
16 Subsection 23(1)
1
Insert:
2
participation failure instalment period:
3
(a) in relation to the payability of parenting payment--has the
4
meaning given by subsection 500ZB(3); and
5
(b) in relation to the payability of youth allowance--has the
6
meaning given by subsection 550B(3); and
7
(c) in relation to the payability of austudy payment--has the
8
meaning given by subsection 576A(3); and
9
(d) in relation to the payability of newstart allowance--has the
10
meaning given by subsection 626(3); and
11
(e) in relation to the payability of special benefit--has the
12
meaning given by subsection 742(3).
13
17 Subsection 23(1)
14
Insert:
15
registered and active foster carer has the meaning given by
16
section 5B.
17
18 Subsection 23(1)
18
Insert:
19
Reserves means:
20
(a) the Naval Reserve; or
21
(b) the Army Reserve; or
22
(c) the Air Force Reserve.
23
19 Subsection 23(1) (paragraph (e) of the definition of social
24
security entitlement)
25
Repeal the paragraph, substitute:
26
(e) a parenting payment; or
27
20 Subsection 23(1)
28
Insert:
29
special benefit participation failure has the meaning given by
30
section 740.
31
Schedule 1 Definitions and other interpretative provisions
Part 1 Amendments commencing on 1 July 2006
14 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
21 Subsection 23(1)
1
Insert:
2
subject to participation requirements: a person is subject to
3
participation requirements if, because of paragraph 500(1)(c) or
4
500F(1)(f) or (2)(f), the person cannot be qualified for parenting
5
payment unless the person meets any participation requirements
6
that apply to the person under section 500A.
7
Note:
Subsection 500F(4) limits the circumstances in which paragraph
8
500F(1)(f) or (2)(f) applies.
9
22 Subsection 23(1)
10
Insert:
11
transitional DSP applicant means a person:
12
(a) who made a claim for a disability support pension on or after
13
11 May 2005 and before 1 July 2006; and
14
(b) to whom, on or after 1 July 2006, a notice under subsection
15
63(2) or 64(2) of the Administration Act is given; and
16
(c) who is required under the notice to undertake a specified
17
activity for the purpose of reviewing his or her capacity to
18
perform work.
19
23 Subsection 23(1)
20
Insert:
21
youth allowance participation failure has the meaning given by
22
section 550.
23
24 Paragraphs 28(2)(a) and (b)
24
After "under 21", insert "and subsection (4) does not apply to them".
25
25 At the end of subsection 28(2)
26
Add:
27
; and (c) if subsection (4) applies to the persons--more than 50 hours
28
for each fortnight of their respective participation in the
29
program.
30
26 At the end of section 28
31
Add:
32
Definitions and other interpretative provisions Schedule 1
Amendments commencing on 1 July 2006 Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 15
(4) This subsection applies to a person if:
1
(a) the person is under 60; and
2
(b) the Secretary determines that the person is a person to whom
3
this subsection applies.
4
(5) The Secretary may determine either one or both of the following
5
by legislative instrument:
6
(a) matters that the Secretary is to take into account in making a
7
determination under paragraph (4)(b);
8
(b) matters that the Secretary is not to take into account in
9
making a determination under paragraph (4)(b).
10
(6) A determination under subsection (5) does not, to the extent that it
11
is a determination under paragraph (5)(a), limit the matters that the
12
Secretary may take into account in making a determination under
13
paragraph (4)(b).
14
Schedule 1 Definitions and other interpretative provisions
Part 2 Amendments commencing on 20 September 2006
16 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 2--Amendments commencing on 20 September
2
2006
3
Social Security Act 1991
4
27 Subsection 16A(1) (after paragraph (a) of the definition of
5
seasonal work)
6
Insert:
7
(aa)
work:
8
(i) that is intermittent; and
9
(ii) that is to be performed for a period of less than 12
10
months; and
11
(iii) that is to be performed for a specified period or a period
12
that can reasonably be calculated by reference to the
13
completion of a specified task; and
14
(iv) for which the person performing the work does not
15
accrue leave entitlements; or
16
28 After subsection 16A(1)
17
Insert:
18
(1A) Paragraph (aa) of the definition of seasonal work in subsection (1)
19
does not apply to a person undertaking seasonal work if the person
20
was receiving income support payments (whether or not the kind of
21
payment received has changed over the period and whether any
22
part of it occurred before or after the commencement of this
23
section) in respect of a continuous period exceeding 12 months
24
immediately before the person commenced the seasonal work.
25
29 Paragraph 16A(3)(b)
26
Omit "or special benefit", substitute ", special benefit, parenting
27
payment, disability support pension, sickness allowance, carer payment
28
or austudy payment".
29
30 Paragraph 16A(4)(b)
30
Omit "or special benefit", substitute ", special benefit, disability support
31
pension, sickness allowance, carer payment or austudy payment".
32
Definitions and other interpretative provisions Schedule 1
Amendments commencing on 20 September 2006 Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 17
31 Subsection 19C(2)
1
After "special benefit", insert ", disability support pension, carer
2
payment".
3
32 Subsection 19C(2)
4
After "payment, benefit", insert ", pension".
5
33 Subsection 19C(3)
6
After "special benefit", insert ", disability support pension, carer
7
payment".
8
34 Subsection 19C(3)
9
After "payment, benefit", insert ", pension".
10
35 Before paragraph 19C(8)(a)
11
Insert:
12
(aa) in relation to disability support pension--means the rate
13
worked out at:
14
(i) Step 4 of the Method statement in Module A of Pension
15
Rate Calculator A; or
16
(ii) Step 5 of the Method statement in Module A of Pension
17
Rate Calculator D; or
18
(ab) in relation to carer payment--means the rate worked out at
19
Step 4 of the Method statement in Module A of Pension Rate
20
Calculator A; or
21
36 Subsection 23(1) (definition of income maintenance
22
period)
23
After "has the meaning given in points", insert "1064-F4 and 1064-F5,
24
1066A-G4 and 1066A-G5,".
25
Schedule 1 Definitions and other interpretative provisions
Part 3 Miscellaneous
18 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 3--Miscellaneous
2
37 Subsection 23(1)
3
Insert:
4
Australian Fair Pay and Conditions Standard has the same
5
meaning as it has in the Workplace Relations Act 1996.
6
Disability support pension Schedule 2
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 19
1
Schedule 2--Disability support pension
2
Part 1--Participation
3
Social Security Act 1991
4
1 At the end of subsection 94(1)
5
Add:
6
; and (f) the person is not qualified for disability support pension
7
under section 94A.
8
2 Subsection 94(2)
9
Repeal the subsection, substitute:
10
(2) A person has a continuing inability to work because of an
11
impairment if the Secretary is satisfied that:
12
(a) the impairment is of itself sufficient to prevent the person
13
from doing any work independently of a program of support
14
within the next 2 years; and
15
(b)
either:
16
(i) the impairment is of itself sufficient to prevent the
17
person from undertaking a training activity during the
18
next 2 years; or
19
(ii) if the impairment does not prevent the person from
20
undertaking a training activity--such activity is unlikely
21
(because of the impairment) to enable the person to do
22
any work independently of a program of support within
23
the next 2 years.
24
Note: For
work see subsection (5).
25
3 Paragraph 94(3)(a)
26
Omit "educational or vocational training or on-the-job training",
27
substitute "a training activity".
28
4 Paragraph 94(3)(b)
29
Omit "if subsection (4) does not apply to the person--".
30
5 Subsection 94(4)
31
Schedule 2 Disability support pension
Part 1 Participation
20 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Repeal the subsection, substitute:
1
(4) A person is treated as doing work independently of a program of
2
support if the Secretary is satisfied that to do the work the person:
3
(a) is unlikely to need a program of support that:
4
(i) is designed to assist the person to prepare for, find or
5
maintain work; and
6
(ii) is funded (wholly or partly) by the Commonwealth or is
7
of a type that the Secretary considers is similar to a
8
program of support that is funded (wholly or partly) by
9
the Commonwealth; or
10
(b) is likely to need such a program of support provided
11
occasionally; or
12
(c) is likely to need such a program of support that is not
13
ongoing.
14
6 Subsection 94(5) (definition of educational or vocational
15
training)
16
Repeal the definition.
17
7 Subsection 94(5) (definition of on-the-job training)
18
Repeal the definition.
19
8 Subsection 94(5)
20
Insert:
21
training activity means one or more of the following activities,
22
whether or not the activity is designed specifically for people with
23
physical, intellectual or psychiatric impairments:
24
(a)
education;
25
(b)
pre-vocational
training;
26
(c)
vocational
training;
27
(d)
vocational
rehabilitation;
28
(e) work-related training (including on-the-job training).
29
9 Subsection 94(5) (paragraph (a) of the definition of work)
30
Omit "30", substitute "15".
31
10 After section 94
32
Disability support pension Schedule 2
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 21
Insert:
1
94A Qualification for disability support pension--person
2
transferring to that pension
3
Qualification
4
(1) Subject to subsections (6) and (7), a person is qualified for a
5
disability support pension if:
6
(a)
either:
7
(i) on or after 1 July 2006, the Secretary considered or
8
reviewed the person's capacity to work in connection
9
with a social security benefit or social security
10
entitlement; or
11
(ii) if the person has previously qualified for disability
12
support pension under this section--the Secretary last
13
considered or reviewed the person's capacity to work in
14
connection with a social security benefit or social
15
security entitlement; and
16
(b) as at the date of that consideration or review, the Secretary
17
was satisfied that the person had a current inability to work
18
because of a physical, intellectual or psychiatric impairment;
19
and
20
(c)
immediately
before
qualifying for disability support pension
21
under this section, the person was receiving a social security
22
benefit or a social security entitlement (other than a disability
23
support pension); and
24
(d) the person has a physical, intellectual or psychiatric
25
impairment that is 20 points or more under the Impairment
26
Tables; and
27
Note: For
Impairment
Tables see subsection 23(1) and Schedule 1B.
28
(e) after the end of a period of at least 2 years (the 2 year period)
29
since the date of the consideration or review, the Secretary
30
reviews the person's capacity to work (the 2 year review) in
31
connection with the benefit or entitlement referred to in
32
paragraph (c); and
33
(f) the 2 year review is the first review, after the end of the 2
34
year period, of the person's capacity to work in connection
35
with that benefit or entitlement; and
36
Schedule 2 Disability support pension
Part 1 Participation
22 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(g) the Secretary is satisfied that the person has a current
1
inability to work because of the impairment mentioned in
2
paragraph (d); and
3
(h) the person has been receiving a social security benefit or a
4
social security entitlement in respect of a continuous period
5
between the date of the consideration or review and the date
6
of the 2 year review (whether or not the kind of payment
7
received has changed over the period); and
8
Note:
For the determination of whether a person received income
9
support payments in respect of a continuous period of at least 12
10
months see section 38B.
11
(i)
either:
12
(i) the person undertook such training activities during the
13
2 year period as were required under an agreement with
14
the Secretary; or
15
(ii) if the person was not required (whether under an
16
agreement with the Secretary or not) to undertake
17
training activities during the 2 year period--the person
18
undertook during that period the type and number of
19
training activities that the Secretary considers were
20
appropriate for the person; and
21
(j) the person meets the residency test in subsection (5); and
22
(k) the person has turned 16.
23
(2) A person has a current inability to work because of an impairment
24
if the Secretary is satisfied that the impairment is of itself sufficient
25
to prevent the person from doing any work independently of a
26
program of support.
27
Note: For
work see subsection (8).
28
(3) A person is treated as doing work independently of a program of
29
support if the Secretary is satisfied that to do the work the person:
30
(a) is unlikely to need a program of support that:
31
(i) is designed to assist the person to prepare for, find or
32
maintain work; and
33
(ii) is funded (wholly or partly) by the Commonwealth or is
34
of a type that the Secretary considers is similar to a
35
program of support that is funded (wholly or partly) by
36
the Commonwealth; or
37
(b) is likely to need such a program of support provided
38
occasionally; or
39
Disability support pension Schedule 2
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 23
(c) is likely to need such a program of support that is not
1
ongoing.
2
(4) In deciding whether or not a person has a current inability to work
3
because of an impairment, the Secretary is not to have regard to the
4
availability to the person of work in the person's locally accessible
5
labour market.
6
(5) A person meets the residency test if the person:
7
(a) is an Australian resident at the time when the person first
8
satisfies paragraph (1)(b); or
9
(b) has 10 years qualifying Australian residence, or has a
10
qualifying residence exemption for a disability support
11
pension; or
12
(c) is born outside Australia and, at the time when the person
13
first satisfies paragraph (1)(b), the person:
14
(i) is not an Australian resident; and
15
(ii) is a dependent child of an Australian resident;
16
and the person becomes an Australian resident while a
17
dependent child of an Australian resident.
18
Note:
For Australian resident, qualifying Australian residence and qualifying
19
residence exemption see section 7.
20
Person not qualified in certain circumstances
21
(6) A person is not qualified for a disability support pension on the
22
basis of a current inability to work if the person brought about the
23
inability with a view to obtaining:
24
(a) a disability support pension or a sickness allowance; or
25
(b) an exemption, because of the person's incapacity, from the
26
requirement to satisfy the activity test for the purposes of a
27
social security benefit or a social security entitlement (other
28
than a disability support pension).
29
Note:
A person who is receiving a disability support pension may be
30
automatically transferred to the age pension if the person becomes
31
qualified for the age pension (see section 12 of the Administration
32
Act).
33
When person ceases to be qualified
34
(7) Unless ceasing to be qualified for a disability support pension
35
under this section sooner, a person ceases to be so qualified from
36
Schedule 2 Disability support pension
Part 1 Participation
24 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
the date of effect of the first decision about the person's capacity to
1
work following a review of that capacity.
2
Definitions
3
(8) In this section:
4
training activity means one or more of the following activities,
5
whether or not the activity is designed specifically for people with
6
physical, intellectual or psychiatric impairments:
7
(a)
education;
8
(b)
pre-vocational
training;
9
(c)
vocational
training;
10
(d)
vocational
rehabilitation;
11
(e) work-related training (including on-the-job training).
12
work means work:
13
(a) that is for at least 15 hours per week at award wages or
14
above; and
15
(b) that exists in Australia, even if not within the person's locally
16
accessible labour market.
17
11 Paragraph 729(2A)(a)
18
After "94", insert ", 94A".
19
12 Paragraph 1061ZD(2)(b)
20
Omit "30", substitute "15".
21
13 Application and transitional provisions
22
(1)
The amendments of the Social Security Act 1991 made by this Part
23
apply in relation to any claim, and any payment of pension as a result of
24
such a claim, by a person for a disability support pension made on or
25
after 1 July 2006.
26
(2)
Subject to subitem (3), the Social Security Act 1991 applies to any claim
27
by a person for a disability support pension made before 1 July 2006,
28
and any payment of pension as a result of such a claim, as if the
29
amendments referred to in subitem (1) had not been made.
30
(3) If:
31
Disability support pension Schedule 2
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 25
(a) on or after 1 July 2006, a notice under subsection 63(2) or
1
64(2) of the Administration Act is given to a person who
2
made a claim for a disability support pension on or after
3
11 May 2005 and before 1 July 2006; and
4
(b) under the notice, the person is required to undertake a
5
specified activity for the purpose of reviewing his or her
6
capacity to perform work;
7
then the amendments of the Social Security Act 1991 referred to in
8
subitem (1) apply to the person from the date of the notice.
9
Schedule 2 Disability support pension
Part 2 Seasonal work preclusion period
26 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 2--Seasonal work preclusion period
2
Social Security Act 1991
3
14 At the end of Subdivision B of Division 1 of Part 2.3 of
4
Chapter 2
5
Add:
6
104 Seasonal workers--preclusion period
7
(1) This section applies if:
8
(a) a person has lodged a claim for disability support pension;
9
and
10
(b) the person qualifies, under section 94, for disability support
11
pension; and
12
(c) at any time during the 6 months immediately before the day
13
on which the person lodged the claim, the person, or the
14
person's partner, has been engaged in seasonal work.
15
Note: For
seasonal work see subsection 16A(1).
16
(2) Disability support pension is not payable to the person:
17
(a) if the person is subject to a seasonal work preclusion period
18
(whether in relation to the claim referred to in subsection (1)
19
or any other claim under this Act) and the Secretary has not
20
made a determination under subsection (3) in relation to the
21
person--for the person's seasonal work preclusion period; or
22
(b) if the Secretary has made a determination under
23
subsection (3) in relation to the person--for that part (if any)
24
of the person's seasonal work preclusion period to which the
25
person is subject as a result of the determination.
26
Note: For
seasonal work preclusion period see subsection 16A(1).
27
(3) If the Secretary is satisfied that a person is in severe financial
28
hardship because the person has incurred unavoidable or
29
reasonable expenditure while the person is subject to a seasonal
30
work preclusion period (whether in relation to the claim referred to
31
in subsection (1) or any other claim under this Act):
32
Disability support pension Schedule 2
Seasonal work preclusion period Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 27
(a) the Secretary may determine that the person is not subject to
1
the whole, or any part, of the preclusion period; and
2
(b) the determination has effect accordingly.
3
Note 1:
For in severe financial hardship see subsection 19C(2) (person who
4
is not a member of a couple) or subsection 19C(3) (person who is a
5
member of a couple).
6
Note 2:
For unavoidable or reasonable expenditure see subsection 19C(4).
7
15 Application provision
8
The amendment made by this Part applies in relation to claims for
9
disability support pension made on or after 20 September 2006.
10
Schedule 2 Disability support pension
Part 3 Approved program of work supplement
28 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 3--Approved program of work supplement
2
Social Security Act 1991
3
16 At the end of Division 5 of Part 2.3 of Chapter 2
4
Add:
5
118 Approved program of work supplement
6
If a person:
7
(a) is receiving a disability support pension; and
8
(b) is participating in an approved program of work for income
9
support payment;
10
the rate of the person's disability support pension is increased by
11
an amount of $20.80, to be known as the approved program of
12
work supplement, for each fortnight during which the person
13
participates in the program.
14
119 Approved program of work supplement not payable in certain
15
circumstances
16
An approved program of work supplement is not payable to a
17
person in respect of a fortnight if pensioner education supplement
18
under Part 2.24A or under ABSTUDY is payable to the person in
19
respect of a day in the fortnight.
20
120 Effect of participation in an approved program of work for
21
income support payment
22
A person is not taken to be:
23
(a) an employee within the meaning of section 9 of the
24
Occupational Health and Safety (Commonwealth
25
Employment) Act 1991; or
26
(b) an employee within the meaning of section 5 of the Safety,
27
Rehabilitation and Compensation Act 1988; or
28
(c) an employee for the purposes of the Superannuation
29
Guarantee (Administration) Act 1992; or
30
Disability support pension Schedule 2
Approved program of work supplement Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 29
(d) an employee for the purposes of the Workplace Relations Act
1
1996;
2
merely by participating in an approved program of work for
3
income support payment in accordance with the terms of an
4
agreement with the Secretary for the purposes of this Part.
5
17 Subparagraph 1223(7)(b)(iv)
6
Before "parenting payment" (wherever occurring), insert "disability
7
support pension,".
8
Schedule 3 Carer payment
30 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 3--Carer payment
2
3
Social Security Act 1991
4
1 At the end of Subdivision B of Division 1 of Part 2.5 of
5
Chapter 2
6
Add:
7
203 Seasonal workers--preclusion period
8
(1) This section applies if:
9
(a) a person has lodged a claim for carer payment; and
10
(b) at any time during the 6 months immediately before the day
11
on which the person lodged the claim, the person, or the
12
person's partner, has been engaged in seasonal work.
13
Note: For
seasonal work see subsection 16A(1).
14
(2) Carer payment is not payable to the person:
15
(a) if the person is subject to a seasonal work preclusion period
16
(whether in relation to the claim referred to in subsection (1)
17
or any other claim under this Act) and the Secretary has not
18
made a determination under subsection (3) in relation to the
19
person--for the person's seasonal work preclusion period; or
20
(b) if the Secretary has made a determination under
21
subsection (3) in relation to the person--for that part (if any)
22
of the person's seasonal work preclusion period to which the
23
person is subject as a result of the determination.
24
Note: For
seasonal work preclusion period see subsection 16A(1).
25
(3) If the Secretary is satisfied that a person is in severe financial
26
hardship because the person has incurred unavoidable or
27
reasonable expenditure while the person is subject to a seasonal
28
work preclusion period (whether in relation to the claim referred to
29
in subsection (1) or any other claim under this Act):
30
(a) the Secretary may determine that the person is not subject to
31
the whole, or any part, of the preclusion period; and
32
(b) the determination has effect accordingly.
33
Carer payment Schedule 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 31
Note 1:
For in severe financial hardship see subsection 19C(2) (person who
1
is not a member of a couple) or subsection 19C(3) (person who is a
2
member of a couple).
3
Note 2:
For unavoidable or reasonable expenditure see subsection 19C(4).
4
2 Application provision
5
The amendment made by this Schedule applies in relation to claims for
6
carer payment made on or after 20 September 2006.
7
Schedule 4 Parenting payment
Part 1 Participation
32 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 4--Parenting payment
2
Part 1--Participation
3
Social Security Act 1991
4
1 Paragraph 500(1)(a)
5
Omit "to 500H", substitute "and 500F to 500H".
6
2 Paragraph 500(1)(c)
7
Repeal the paragraph, substitute:
8
(c) in a case where the person is not a member of a couple and
9
does not have at least one PP child who has not turned 6--the
10
person meets any participation requirements that apply to the
11
person under section 500A; and
12
3 Subsection 500(4)
13
Repeal the subsection.
14
4 After section 500
15
Insert:
16
500A Participation requirements
17
The participation requirements are as follows:
18
(a) the person must enter into a Parenting Payment Activity
19
Agreement when the person is required by the Secretary
20
under section 501 to do so;
21
(b) while the agreement is in force the person must comply with
22
its terms;
23
(c) at any time while the agreement is in force the person must
24
be prepared to enter into another such agreement, instead of
25
the existing agreement, if required to do so by the Secretary
26
under section 501;
27
(d) the person must comply with any requirements that the
28
Secretary notifies to the person under subsection 502(1).
29
5 Sections 500D to 500H
30
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 33
Repeal the sections, substitute:
1
500D PP child
2
(1) A child is a PP child of a person if:
3
(a) the child is a child of the person; and
4
(b) the person is a member of a couple; and
5
(c) the child has not turned 6; and
6
(d) the person is the principal carer of the child.
7
(2) A child is a PP child of a person if:
8
(a) the child is a child of the person; and
9
(b) the person is not a member of a couple; and
10
(c) the child has not turned 8; and
11
(d) the person is the principal carer of the child.
12
(3) A child is a PP child of a person if:
13
(a) the child is a child of the person; and
14
(b) the child has not turned 16; and
15
(c) the person is the principal carer of the child; and
16
(d) the person is covered by the parenting payment transitional
17
arrangement in relation to that child or any other child (see
18
section 500F); and
19
(e) since 1 July 2006, there has not been any continuous period
20
of more than 12 weeks during which the person has not at
21
any time been covered by the parenting payment transitional
22
arrangement in relation to that child or any other child (see
23
section 500F).
24
Note: For
principal carer see subsections 5(15) to (24).
25
500E Prospective determinations for some recipients
26
(1) A person is qualified for parenting payment for a period
27
determined by the Secretary if:
28
(a) the person is receiving parenting payment; and
29
(b) the Secretary considers at the start of the period that:
30
(i) the person may reasonably be expected to satisfy the
31
qualification requirements for parenting payment (see
32
sections 500 to 500C) during the period; and
33
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Part 1 Participation
34 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(ii) it is reasonable to expect that parenting payment will be
1
payable to the person for the period; and
2
(iii) the person will comply with the Act during the period;
3
and
4
(c) except where the person is a CDEP Scheme participant in
5
respect of the period, the person is not indebted at the start of
6
the period to the Commonwealth under or as a result of this
7
Act; and
8
(d) the Secretary is satisfied that the person should be qualified
9
under this section for a parenting payment for the period.
10
(2)
The
Minister:
11
(a) must determine, by legislative instrument, guidelines for
12
making decisions under paragraph (1)(b); and
13
(b) may revoke or vary the determination.
14
If the Minister revokes a determination, the Minister must
15
determine, by legislative instrument, guidelines that take effect
16
immediately after the revocation.
17
6 After Subdivision A of Division 1 of Part 2.10 of Chapter 2
18
Insert:
19
Subdivision AA--Parenting payment transitional arrangement
20
500F When a person is covered by the parenting payment
21
transitional arrangement
22
Person is not a member of a couple
23
(1) Subject to subsection (3), a person is covered by the parenting
24
payment transitional arrangement in relation to a child if:
25
(a) immediately before 1 July 2006, the person was not a
26
member of a couple; and
27
(b) immediately before 1 July 2006, that child (or any other
28
child) was a PP child of the person in respect of whom:
29
(i) a determination under section 37 of the Administration
30
Act was in force granting a claim for a parenting
31
payment to the person; or
32
Parenting payment Schedule 4
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 35
(ii) a determination under section 80, 81 or 82 of the
1
Administration Act was in force suspending payment of
2
a parenting payment to the person; and
3
Note:
Section 500G expands the scope of subparagraph (i). Subsection
4
500G(4) deals with the effect of backdated start dates on that
5
subparagraph.
6
(c) the person is not a member of a couple; and
7
(d) in a case where the child has not turned 8--the person is
8
qualified for parenting payment in relation to the child; and
9
(e) in a case where the child has turned 8--the person would be
10
qualified for parenting payment in relation to the child if the
11
child had not turned 8; and
12
(f) the person meets any participation requirements that apply to
13
the person under section 500A.
14
Person is a member of a couple
15
(2) Subject to subsection (3), a person is covered by the parenting
16
payment transitional arrangement in relation to a child if:
17
(a) immediately before 1 July 2006, the person was a member of
18
a couple; and
19
(b) immediately before 1 July 2006, that child (or any other
20
child) was a PP child of the person in respect of whom:
21
(i) a determination under section 37 of the Administration
22
Act was in force granting a claim for a parenting
23
payment to the person; or
24
(ii) a determination under section 80, 81 or 82 of the
25
Administration Act was in force suspending payment of
26
a parenting payment to the person; and
27
Note:
Section 500G expands the scope of subparagraph (i). Subsection
28
500G(4) deals with the effect of backdated start dates on that
29
subparagraph.
30
(c) the person is a member of a couple; and
31
(d) in a case where the child has not turned 6--the person is
32
qualified for parenting payment in relation to the child; and
33
(e) in a case where the child has turned 6--the person would be
34
qualified for parenting payment in relation to the child if the
35
child had not turned 6; and
36
(f) the person meets any participation requirements that apply to
37
the person under section 500A.
38
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Part 1 Participation
36 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Parenting payment transitional arrangement taken never to have
1
covered person
2
(3)
If:
3
(a) but for this subsection, a person would be covered by the
4
parenting payment transitional arrangement in relation to a
5
child; and
6
(b) the Secretary determines that the person's parenting payment
7
is to be cancelled with effect from a day before 1 July 2006;
8
the person is taken never to have been covered by that
9
arrangement.
10
Circumstances in which participation requirements need not be
11
met
12
(4) Paragraph (1)(f) or (2)(f) (as the case requires) does not apply to
13
the person:
14
(a) before 1 July 2007; or
15
(b) while the person has a PP child who has not turned 7.
16
Note: For
PP child see section 500D.
17
500G When determinations are taken to be in force
18
Expanded scope of subparagraphs 500F(1)(b)(i) and (2)(b)(i)
19
(1) A reference in subparagraph 500F(1)(b)(i) or (2)(b)(i) to a
20
determination under section 37 of the Administration Act that is in
21
force granting a claim for a parenting payment to a person includes
22
a reference to a determination that:
23
(a) would have been made granting a claim for that payment to
24
the person; and
25
(b) would have been in force;
26
but for one or more of the circumstances specified in an instrument
27
made under subsection (2).
28
(2) The Secretary may specify, by legislative instrument,
29
circumstances to which subsection (1) applies. The Secretary may
30
specify different circumstances in relation to each of the
31
subparagraphs referred to in subsection (1).
32
(3) A reference in subparagraph 500F(1)(b)(i) or (2)(b)(i) to a
33
determination under section 37 of the Administration Act that is in
34
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 37
force granting a claim for a parenting payment to a person includes
1
a reference to a determination that would have been in force, but
2
for the operation of subsection 500(4) as in force immediately
3
before 1 July 2006.
4
Backdated start date
5
(4)
If:
6
(a) a determination is made on or after 1 July 2006 under
7
section 37 of the Administration Act granting a claim for a
8
parenting payment to a person; and
9
(b) the person's start date in relation to the payment is before
10
1 July 2006; and
11
(c) the Secretary has not determined that the parenting payment
12
is to be cancelled with effect from a day before 1 July 2006;
13
the determination is taken, for the purposes of subparagraph
14
500F(1)(b)(i) or (2)(b)(i), to have been in force immediately before
15
1 July 2006.
16
500H The effect of cancellation
17
(1) A reference in paragraph 500F(1)(d) or (e) or (2)(d) or (e) to a
18
person being qualified for parenting payment does not include a
19
reference to a person if:
20
(a) the person's parenting payment has been cancelled; and
21
(b) no determination is in force granting another claim for
22
parenting payment to the person.
23
(2) A reference in subsection (1) to the cancellation of a person's
24
parenting payment does not include a reference to a cancellation of
25
that payment because of one or more of the circumstances
26
specified in an instrument made under subsection (3).
27
(3) The Secretary may, by legislative instrument, specify
28
circumstances to which subsection (1) applies. The Secretary may
29
specify different circumstances in relation to one or more of the
30
paragraphs referred to in subsection (1).
31
(4) For the purposes of paragraph (1)(b), a determination granting
32
another claim for parenting payment to a person is taken to be in
33
force from the person's start date in relation to that parenting
34
payment.
35
Schedule 4 Parenting payment
Part 1 Participation
38 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
7 Division 2 of Part 2.10 of Chapter 2
1
Repeal the Division, substitute:
2
Division 2--Parenting Payment Activity Agreements
3
501 Parenting Payment Activity Agreements
4
(1) The Secretary may require a person who is subject to participation
5
requirements to enter into a Parenting Payment Activity Agreement
6
under this section.
7
Note:
For when a person is subject to participation requirements see
8
subsection 23(1).
9
(2) The Secretary may require a person who is a party to a Parenting
10
Payment Activity Agreement under this section that is in force to
11
enter into another such agreement instead of the existing one.
12
(3) Subject to subsection (4), subsections (1 ) and (2) do not apply to a
13
person at any time during which the person is covered by a
14
participation exemption under Division 3A.
15
(4) If a person is covered by a participation exemption under
16
Division 3A only because of the application of section 502H,
17
subsections (1) and (2) apply to the person only if subsection
18
502J(1) applies to the person.
19
(5) The Secretary is to give a person who is required to enter into a
20
Parenting Payment Activity Agreement notice of:
21
(a) the requirement; and
22
(b) the places and times at which the agreement is to be
23
negotiated.
24
(6) A Parenting Payment Activity Agreement is a written agreement in
25
a form approved by the Secretary. The agreement is between the
26
person and the Secretary.
27
501A Parenting Payment Activity Agreement--terms
28
(1) Subject to subsections (2) and (3) and sections 501B to 501E, a
29
Parenting Payment Activity Agreement with a person is to require
30
the person to undertake one or more activities that the Secretary
31
regards as suitable for the person.
32
Parenting payment Schedule 4
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 39
(2) If a Parenting Payment Activity Agreement requires a person,
1
during a period, to engage for at least 30 hours per fortnight in paid
2
work that the Secretary regards as suitable, the agreement must not
3
require the person to undertake any other activities.
4
(3) An agreement must not contain a requirement of a kind that the
5
Secretary determines under subsection (4).
6
(4) The Secretary may determine, by legislative instrument, kinds of
7
requirements that agreements must not contain.
8
(5) The terms of an agreement, which include the specification of the
9
activities that the person is to be required to undertake, are to be
10
approved by the Secretary.
11
(6) In considering whether to approve the terms of an agreement with
12
a person, the Secretary is to have regard to the person's capacity to
13
comply with the proposed agreement and the person's needs.
14
(7) In having regard to a person's capacity to comply with an
15
agreement, the Secretary is to take into account, but is not limited
16
to, the following matters:
17
(a) the person's education, experience, skills and age;
18
(b) the impact of any disability, illness, mental condition or
19
physical condition of the person on the person's ability to
20
work, to look for work or to participate in training activities;
21
(c) the state of the local labour market and the transport options
22
available to the person in accessing that market;
23
(d) the participation opportunities available to the person;
24
(e) the family and caring responsibilities of the person;
25
(f) the length of travel time required for compliance with the
26
agreement;
27
(g) the financial costs of compliance with the agreement, such as
28
travel costs, and the capacity to pay for such compliance;
29
(h) any other matters that the Secretary or the person considers
30
relevant in the circumstances.
31
(8) An agreement with a person:
32
(a) may be varied (in negotiation with the person) or suspended;
33
and
34
(b) if another Parenting Payment Activity Agreement is made
35
with the person, may be cancelled; and
36
Schedule 4 Parenting payment
Part 1 Participation
40 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(c) may be reviewed from time to time at the request of either
1
party to the agreement; and
2
(d) may be cancelled by the Secretary after a review under
3
paragraph (c).
4
(9) A recipient of parenting payment who is a party to an agreement is
5
to notify the Secretary of any circumstances preventing or affecting
6
the recipient's compliance with the agreement.
7
501B Parenting Payment Activity Agreements--requirement to look
8
for work of appropriate number of hours per week
9
(1) A Parenting Payment Activity Agreement that requires a person to
10
undertake, as an activity, looking for part-time paid work that the
11
Secretary regards as suitable must require the person to undertake
12
looking for such part-time paid work of at least the appropriate
13
number of hours per week.
14
(2) The appropriate number of hours per week is:
15
(a)
15;
or
16
(b) such other number as the Secretary determines to be
17
appropriate having regard to the person's circumstances.
18
501C Parenting Payment Activity Agreements--people with partial
19
capacity to work
20
(1) A Parenting Payment Activity Agreement that:
21
(a) is between the Secretary and a person who has a partial
22
capacity to work; and
23
(b) requires the person to undertake, as an activity, looking for
24
part-time paid work that the Secretary regards as suitable;
25
must require the person to undertake looking for such part-time
26
paid work of at least the appropriate number of hours per week.
27
Note: For
partial capacity to work see section 16B.
28
(2) The appropriate number of hours per week is:
29
(a)
15;
or
30
(b) such other number as the Secretary determines to be
31
appropriate having regard to the person's circumstances.
32
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 41
501D Parenting Payment Activity Agreements--requirement to
1
participate in an approved program of work
2
(1) A Parenting Payment Activity Agreement between the Secretary
3
and a person must not require the person to participate in an
4
approved program of work for income support payment if:
5
(a)
either:
6
(i) if the person's rate of parenting payment is worked out
7
under the Pension PP (Single) Rate Calculator in
8
section 1068A--because of the application of Module E
9
of that rate calculator, the person is receiving a
10
parenting payment at a rate that has been reduced; or
11
(ii) if the person's rate of parenting payment is worked out
12
under the Benefit PP (Partnered) Rate Calculator in
13
section 1068B--because of the application of Module D
14
of that rate calculator, the person is receiving a
15
parenting payment at a rate that has been reduced; or
16
(b) in the Secretary's opinion:
17
(i) it has been established that there is medical evidence
18
that the person has an illness, disability or injury that
19
would be aggravated by the conditions in which the
20
work would be performed; or
21
(ii) performing the work in the conditions in which the
22
work would be performed would constitute a risk to
23
health or safety or would contravene a law of the
24
Commonwealth, a State or a Territory relating to
25
occupational health and safety; or
26
(c) the person is at least 50 years of age and is not a person to
27
whom subsection 28(4) applies.
28
(2) The Secretary may, by notice given to a person whom a Parenting
29
Payment Activity Agreement requires to participate in an approved
30
program of work for income support payment, revoke the
31
requirement to participate in the program if the Secretary:
32
(a) is satisfied that:
33
(i) if the person's rate of parenting payment is worked out
34
under the Pension PP (Single) Rate Calculator in
35
section 1068A--because of the application of Module E
36
of that rate calculator, the person is receiving a
37
parenting payment at a rate that has been reduced; or
38
Schedule 4 Parenting payment
Part 1 Participation
42 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(ii) if the person's rate of parenting payment is worked out
1
under the Benefit PP (Partnered) Rate Calculator in
2
section 1068B--because of the application of Module D
3
of that rate calculator, the person is receiving a
4
parenting payment at a rate that has been reduced; or
5
(b) forms the opinion that:
6
(i) it has been established that there is medical evidence
7
that the person has an illness, disability or injury that
8
would be aggravated by the conditions in which the
9
work would be performed; or
10
(ii) performing the work in the conditions in which the
11
work would be performed would constitute a risk to
12
health or safety or would contravene a law of the
13
Commonwealth, a State or a Territory relating to
14
occupational health and safety; or
15
(c) is satisfied that the person is at least 50 years of age and is
16
not a person to whom subsection 28(4) applies.
17
(3) Upon the Secretary so notifying the person, the requirement is
18
taken to have been revoked with effect from the day specified in
19
the notice.
20
(4) A person is not to be taken, merely by participating in an approved
21
program of work for income support payment in accordance with
22
the terms of a Parenting Payment Activity Agreement under this
23
section, to be:
24
(a) an employee within the meaning of section 9 of the
25
Occupational Health and Safety (Commonwealth
26
Employment) Act 1991; or
27
(b) an employee within the meaning of section 5 of the Safety,
28
Rehabilitation and Compensation Act 1988; or
29
(c) an employee for the purposes of the Superannuation
30
Guarantee (Administration) Act 1992; or
31
(d) an employee for the purposes of the Workplace Relations Act
32
1996.
33
501E Parenting Payment Activity Agreements--suspension of
34
agreements in cases of domestic violence etc.
35
A Parenting Payment Activity Agreement between the Secretary
36
and a person is taken to be suspended during any period during
37
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 43
which the person is covered by a participation exemption under
1
Division 3A because of section 502C or 502D.
2
Division 3--Additional participation requirements
3
502 Secretary may impose additional participation requirements
4
(1) Subject to sections 502A and 502B, if the Secretary is of the
5
opinion that, throughout a period, a person who:
6
(a) is subject to participation requirements; and
7
(b) is not covered by a participation exemption under
8
Division 3A;
9
should undertake particular paid work, other than paid work that is
10
unsuitable to be done by the person, the Secretary may notify the
11
person that the person is required to act in accordance with the
12
opinion.
13
Note 1:
For when a person is subject to participation requirements see
14
subsection 23(1).
15
Note 2:
See subsection (4) on what paid work is unsuitable.
16
(2) To avoid doubt, the work that the person is required to undertake
17
under subsection (1) may involve a number of hours per week that
18
differs from the number of hours of work per week that the person
19
is required to seek to comply with a Parenting Payment Activity
20
Agreement between the Secretary and the person.
21
(3) The person can be taken not to have complied with requirements
22
notified to the person under subsection (1) whether or not the
23
person has complied with requirements to enter into a Parenting
24
Payment Activity Agreement and comply with its terms.
25
(4) Subject to subsections (7) and (8), for the purposes of this section,
26
particular paid work is unsuitable for a person if and only if, in the
27
Secretary's opinion:
28
(a) the person lacks the particular skills, experience or
29
qualifications that are needed to perform the work and no
30
training will be provided by the employer; or
31
(b) it has been established that there is medical evidence that the
32
person has an illness, disability or injury that would be
33
aggravated by the conditions in which the work would be
34
performed; or
35
Schedule 4 Parenting payment
Part 1 Participation
44 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(c) the person does not have access to appropriate care and
1
supervision, for the one or more children for whom the
2
person is the principal carer, at the times when the person
3
would be required to undertake the work; or
4
Note: For
principal carer see subsections 5(15) to (24).
5
(d) performing the work in the conditions in which the work
6
would be performed would constitute a risk to health or
7
safety and would contravene a law of the Commonwealth, a
8
State or a Territory relating to occupational health and safety;
9
or
10
(e) the work would be covered by the Australian Fair Pay and
11
Conditions Standard, but the terms and conditions for the
12
work would be below the minimum terms and conditions for
13
the work under the Australian Fair Pay and Conditions
14
Standard; or
15
(f) the work would not be covered by the Australian Fair Pay
16
and Conditions Standard, but, if it were so covered, the terms
17
and conditions for the work would be below the minimum
18
terms and conditions for the work under the Australian Fair
19
Pay and Conditions Standard; or
20
(g) commuting between the person's home and the place of work
21
would be unreasonably difficult; or
22
(h) the work would require enlistment in the Defence Force or
23
the Reserves; or
24
(i) the work requires the person to move from a home in one
25
place to a home in another place; or
26
(j) for any other reason, the work is unsuitable for the person.
27
(5) A person has, for the purposes of paragraph (4)(c), access to
28
appropriate care and supervision for a child at a particular time if,
29
at that time:
30
(a) the child could be provided with care by an approved child
31
care service (within the meaning of the Family Assistance
32
Administration Act), and provision of that care would, in the
33
Secretary's opinion, be appropriate in the circumstances; or
34
(b) the child could be provided with other care that the person
35
considers to be suitable; or
36
(c) the child could be attending school, and attendance at that
37
school would, in the Secretary's opinion, be appropriate in
38
the circumstances.
39
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 45
(6) For the purposes of paragraph (4)(c), a time when the person would
1
be required to undertake the work includes reasonable amounts of
2
time that would be needed for the person to travel from the
3
person's home to the place of work and from the place of work to
4
the person's home.
5
(7)
If:
6
(a) a person seeks work in an area (the new area) that is outside
7
the area (the old area) in which the person's home is
8
situated; and
9
(b) the person is offered permanent work (whether or not work
10
of the kind sought) in the new area;
11
the work offered is not unsuitable for the person because of
12
paragraph (4)(g) or (i) unless:
13
(c) the person is under the age of 18; or
14
(d) the person or the person's partner is pregnant; or
15
(e) the person or the person's partner has a severe medical
16
condition and the condition makes it unreasonable for the
17
person to accept the offer; or
18
(f) the acceptance of the offer would jeopardise the current
19
employment, or the employment prospects, of the person's
20
partner; or
21
(g) the person or the person's partner has a child under the age of
22
16 years who is living with them or is living somewhere else
23
in the old area; or
24
(h) the person or the person's partner has significant caring
25
responsibilities in the old area; or
26
(i) the educational, cultural or religious background of the
27
person makes it unreasonable for the person to accept the
28
offer; or
29
(j) it is more appropriate for the person to participate in
30
education or training than to accept the offer; or
31
(k) the person would suffer severe financial hardship if the
32
person were to accept the offer.
33
(8) Without affecting what would otherwise constitute a person
34
seeking work outside the area in which the person's home is
35
situated, if a person, when seeking employment through an
36
employment service provider, represents to the provider that the
37
person is willing to undertake work outside the area in which the
38
person's home is situated, the person is taken for the purposes of
39
Schedule 4 Parenting payment
Part 1 Participation
46 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
subsection (7) to seek work outside the area at the time when the
1
representation is made.
2
(9) A reference in subsection (4) to remuneration for work is a
3
reference to any income derived from the work that is income from
4
personal exertion.
5
Note: For
income from personal exertion see subsection 8(1).
6
502A People 55 and over who are engaged in work
7
(1) Subject to subsection (2), the Secretary must not notify under
8
subsection 502(1) a person in respect of a period (the relevant
9
period) if the person has reached 55 years and:
10
(a) is engaged in approved unpaid voluntary work for an
11
approved organisation for at least 30 hours in the period; or
12
(b) is engaged, for at least 30 hours in the period in a
13
combination of:
14
(i) approved unpaid voluntary work for an approved
15
organisation; and
16
(ii) suitable paid work for another person; or
17
(c) is engaged for at least 30 hours in the period in paid work
18
that the Secretary regards as suitable.
19
(2) This section does not apply to a person in respect of a day in a
20
relevant period if, in respect of the person, having regard to the
21
opportunities, or possible opportunities, for employment that
22
become available to the person on or before the day, the Secretary
23
considers that this section is not to apply to the person in respect of
24
that day.
25
(3) For the purposes of this section:
26
(a) approved voluntary unpaid work is work that has been
27
approved by the Secretary for the purposes of this section;
28
and
29
(b) an approved organisation is an organisation that has been
30
approved by the Secretary for the purposes of this section.
31
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 47
502B Persons engaged in suitable paid work for at least 30 hours per
1
fortnight
2
The Secretary must not notify under subsection 502(1) a person
3
who is engaged for at least 30 hours per fortnight in paid work that
4
the Secretary regards as suitable.
5
Division 3A--Participation exemptions
6
502C Domestic violence etc.
7
(1) A person is covered by a participation exemption under this
8
Division in respect of a period that the Secretary determines under
9
this section in relation to the person.
10
(2) The Secretary may make a determination under this section in
11
relation to the person if the Secretary is satisfied that:
12
(a)
the
person:
13
(i) has ceased to be a member of a couple in the period of
14
26 weeks before the determination; and
15
(ii) was subjected to domestic violence in that period of 26
16
weeks (whether or not the domestic violence was
17
connected with ceasing to be a member of that or any
18
other couple); and
19
(iii) has not again become a member of a couple; or
20
(b) there are special circumstances relating to the person's family
21
that make it appropriate to make the determination.
22
(3) The period that the Secretary determines under this section must be
23
the lesser of:
24
(a) the period that the Secretary considers to be appropriate; or
25
(b)
16
weeks.
26
(4) Any such period may be followed by one or more other periods
27
(not exceeding 16 weeks) determined under this section in relation
28
to the person.
29
(5) The period that the Secretary determines under this section must,
30
despite subsection (3), be 16 weeks if the determination:
31
(a) is made on grounds referred to in paragraph (2)(a) (or on
32
grounds that include those grounds); and
33
Schedule 4 Parenting payment
Part 1 Participation
48 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(b) is the first determination made on those grounds (or on
1
grounds that include those grounds) in connection with the
2
particular cessation referred to in subparagraph (2)(a)(i).
3
(6) The Secretary may revoke a determination under this section in
4
relation to a person if the Secretary is satisfied that the grounds on
5
which the determination was made no longer exist.
6
(7) Subsection (6) does not affect any operation that subsection 33(3)
7
of the Acts Interpretation Act 1901 has in relation to a
8
determination under this section.
9
502D People with disabled children and other circumstances
10
(1) A person is covered by a participation exemption under this
11
Division in respect of a period that the Secretary determines under
12
this section in relation to the person.
13
(2) The Secretary may make a determination under this section in
14
relation to the person if the Secretary is satisfied that the person is
15
the principal carer of one or more children:
16
(a) who suffer from a physical, intellectual or psychiatric
17
disability or illness; and
18
(b) whose care needs are such that the person should, for the
19
period specified in the determination, not be required to meet
20
participation requirements.
21
Note: For
principal carer see subsections 5(15) to (24).
22
(3) The Secretary must make a determination under this section in
23
relation to the person if the Secretary is satisfied that the person is
24
the principal carer of one or more children, and that:
25
(a) the person is a registered and active foster carer; or
26
(b) the person is a home educator of that child, or one or more of
27
those children; or
28
(c) the person is a distance educator of that child, or one or more
29
of those children.
30
Note 1:
For principal carer see subsections 5(15) to (24).
31
Note 2:
For registered and active foster carer see section 5B.
32
Note 3:
For home educator see section 5C.
33
Note 4:
For distance educator see section 5D.
34
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 49
(4) The Secretary may make a determination under this section in
1
relation to the person if the Secretary is satisfied that:
2
(a) the person is a person included in a class of persons specified
3
under subsection (5); and
4
(b) the person's circumstances are such that the person should
5
not be required to meet any of the participation requirements.
6
(5) The Secretary may, by legislative instrument, specify classes of
7
persons in respect of whom determinations under this section may
8
be made.
9
(6) The period that the Secretary determines under this section must be
10
the lesser of:
11
(a) the period that the Secretary considers to be appropriate; or
12
(b)
12
months.
13
(7) Any such period may be followed by one or more other periods
14
(not exceeding 12 months) determined under this section in
15
relation to the person.
16
(8) The Secretary may revoke a determination under this section in
17
relation to a person if the Secretary is satisfied that the grounds on
18
which the determination was made no longer exist.
19
(9) Subsection (8) does not affect any operation that subsection 33(3)
20
of the Acts Interpretation Act 1901 has in relation to a
21
determination under this section.
22
502E Training camps
23
A person is covered by a participation exemption under this
24
Division in respect of a period when the person is attending a
25
training camp as a member of:
26
(a) the Naval Reserve; or
27
(b) the Army Reserve; or
28
(c) the Air Force Reserve.
29
502F Special circumstances
30
(1) A person is covered by a participation exemption under this
31
Division in respect of a period if:
32
Schedule 4 Parenting payment
Part 1 Participation
50 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) the Secretary is satisfied that special circumstances, beyond
1
the person's control, exist; and
2
(b) the Secretary is satisfied that in those circumstances it would
3
be unreasonable to expect the person to meet participation
4
requirements for that period.
5
(2) The period referred to in subsection (1) is not to exceed 13 weeks.
6
(3)
If:
7
(a) the Secretary makes a number of determinations under any
8
one or more of the following provisions:
9
(i) subsection 525AA(3) of this Act as previously in force;
10
(ii) subsection 542H(1) of this Act;
11
(iii) subsection 603A(1) of this Act;
12
(iv) subsection 731E(1) of this Act;
13
(v) subsection (1) of this section; and
14
(b) the periods to which the determinations relate form a
15
continuous period;
16
the continuous period is not to exceed 13 weeks, unless the
17
Secretary determines otherwise, having regard to the continued
18
existence, or likely continued existence, of the special
19
circumstances on which the last preceding determination was
20
based.
21
502G Pre-natal and post-natal relief
22
(1) A pregnant woman is covered by a participation exemption under
23
this Division for the period that starts 6 weeks before the woman's
24
expected date of confinement and ends on the day on which the
25
woman gives birth to the child (whether or not the child is born
26
alive).
27
(2) If a woman gives birth to a child (whether or not the child is born
28
alive), the woman is covered by a participation exemption under
29
this Division for the period that starts on the day on which she
30
gives birth to the child and ends 6 weeks after that day.
31
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 51
502H Temporary incapacity
1
(1) Subject to sections 502J and 502K, a person is covered by a
2
participation exemption under this Division in respect of a period
3
if:
4
(a) throughout the period the person is incapacitated for work
5
because of sickness or an accident; and
6
(b) the incapacity is caused wholly, or virtually wholly, by a
7
medical condition arising from the sickness or accident; and
8
(c) the incapacity is, or is likely to be, of a temporary nature; and
9
(d) the person has, whether before or after the commencement of
10
this section, given the Secretary a certificate of a medical
11
practitioner, in a form approved by the Secretary, stating:
12
(i) the medical practitioner's diagnosis; and
13
(ii) the medical practitioner's prognosis; and
14
(iii) that the person is incapacitated for work; and
15
(iv) the period for which the person is incapacitated for
16
work; and
17
(e) the Secretary is satisfied that the incapacity has not been
18
brought about with a view to obtaining an exemption from
19
meeting the participation requirements.
20
(2) In this section:
21
work, in relation to a person, means work (whether full-time,
22
part-time, permanent or casual) that:
23
(a) is of a kind that the person could, in the Secretary's opinion,
24
be reasonably expected to do; and
25
(b) is for at least 8 hours per week at award wages or above.
26
502J Time limit for temporary incapacity exemption--Secretary
27
satisfied person can undertake activity
28
(1) Section 502H ceases to apply to a person if the Secretary is
29
satisfied that, although the person meets the requirements of that
30
section, the person should undertake one or more activities that the
31
Secretary regards as suitable for the person.
32
(2) The cessation occurs:
33
Schedule 4 Parenting payment
Part 1 Participation
52 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) if the person has failed to comply with a requirement to enter
1
into a Parenting Payment Activity Agreement--when the
2
person so failed; or
3
(b) in any other case--when the person has entered into such an
4
agreement.
5
(3) This section does not prevent section 502H ceasing to apply to a
6
person under section 502K.
7
502K Time limit for temporary incapacity exemption--end of
8
person's maximum exemption period
9
(1) Section 502H ceases to apply to a person if the person's maximum
10
exemption period ends.
11
(2) Subject to this section, a person's maximum exemption period is:
12
(a) if the person has, whether before or after the commencement
13
of this section, given the Secretary a medical certificate for
14
the purpose of enabling the Secretary to decide whether
15
section 502H applies to the person--the lesser of the
16
following periods:
17
(i) the period stated in the certificate as the period for
18
which the person would be incapacitated for work;
19
(ii) the period of 13 weeks that started or starts on the first
20
day of the period so stated in the certificate; or
21
(b) otherwise--the period of 4 weeks that started or starts on the
22
day determined by the Secretary to have been the day on
23
which the person's incapacity for work began.
24
(3)
If:
25
(a) section 502H applies to a person; and
26
(b) the person has, whether before or after the commencement of
27
this section, given the Secretary a certificate of a medical
28
practitioner that states the matters listed in paragraph
29
502H(1)(d) and is in accordance with the form approved
30
under that paragraph; and
31
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 53
(c) the Secretary is satisfied that the person's incapacity for work
1
will continue after the end of the person's maximum
2
exemption period;
3
the Secretary may extend the person's maximum exemption period
4
by a period that is not more than the lesser of the following
5
periods:
6
(d) a period equal to the period stated in the certificate as the
7
period for which the person would be incapacitated for work;
8
(e)
13
weeks.
9
(4)
If:
10
(a) section 502H applied to a person; and
11
(b) within 14 days after the end of the person's maximum
12
exemption period the person gives the Secretary a certificate
13
of a medical practitioner that states the matters listed in
14
paragraph 502H(1)(d) and is in accordance with a form
15
approved under that paragraph; and
16
(c) the Secretary is satisfied that the person's incapacity for work
17
has continued after the end of the person's maximum
18
exemption period and that the incapacity will continue;
19
the Secretary may extend the maximum exemption period by a
20
period that is not more than the lesser of the following periods:
21
(d) a period equal to the period stated in the certificate as the
22
period for which the person would be incapacitated for work;
23
(e)
13
weeks.
24
(5)
If:
25
(a) section 502H applies to a person; and
26
(b) the person gives the Secretary written evidence (other than a
27
certificate referred to in paragraph (3)(b)) that the person's
28
incapacity for work will continue after the end of the
29
person's maximum exemption period; and
30
(c) the Secretary is satisfied that:
31
(i) the person's circumstances make it unreasonable to
32
expect the person to obtain a certificate referred to in
33
paragraph (3)(b) before the end of the maximum
34
exemption period; and
35
Schedule 4 Parenting payment
Part 1 Participation
54 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(ii) the person's incapacity for work will continue after the
1
end of the person's maximum exemption period;
2
the Secretary may extend the person's maximum exemption period
3
by not more than 4 weeks.
4
(6)
If:
5
(a) section 502H applied to a person; and
6
(b) within 14 days after the end of the person's maximum
7
exemption period the person gives the Secretary written
8
evidence (other than a certificate referred to in
9
paragraph (4)(b)) that the person's incapacity for work will
10
continue after the end of the person's maximum exemption
11
period; and
12
(c) the Secretary is satisfied that:
13
(i) the person's circumstances make it unreasonable to
14
expect the person to obtain a certificate referred to in
15
paragraph (4)(b); and
16
(ii) the person's incapacity for work has continued after the
17
end of the person's maximum exemption period and that
18
the incapacity will continue;
19
the Secretary may extend the maximum exemption period by a
20
period of not more than 4 weeks from the end of the previous
21
maximum exemption period.
22
(7)
If:
23
(a) section 502H applies to a person; and
24
(b) the person has, whether before or after the commencement of
25
this section, given the Secretary a certificate referred to in
26
paragraph (3)(b) before the end of the person's maximum
27
exemption period; and
28
(c) before the end of the person's maximum exemption period,
29
the Secretary does not satisfy himself or herself that the
30
person's incapacity for work will continue after the end of
31
that period; and
32
(d) the sole or dominant cause of the Secretary failing so to
33
satisfy himself or herself is an act or omission of an officer of
34
the Department;
35
the Secretary may extend the person's maximum exemption period
36
by not more than 4 weeks.
37
Parenting payment Schedule 4
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 55
(8) This section does not prevent section 502H ceasing to apply to a
1
person under section 502J.
2
Schedule 4 Parenting payment
Part 2 Compliance
56 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 2--Compliance
2
Social Security Act 1991
3
8 After section 500I
4
Insert:
5
500J Situations where payment not payable for failure to comply
6
with certain requirements
7
Parenting payment is not payable to a person if the person refuses
8
or fails, without reasonable excuse, to comply with a requirement
9
made of the person under section 67, 68 or 192 of the
10
Administration Act.
11
9 Subdivision C of Division 1 of Part 2.10 of Chapter 2
12
Repeal the Subdivision, substitute:
13
Subdivision C--Situations where payment not payable because
14
of parenting payment participation failure
15
500ZA Parenting payment participation failures
16
(1) A person commits a parenting payment participation failure if the
17
person is subject to participation requirements and the person:
18
(a) fails to comply with a requirement:
19
(i) that was notified to the person under subsection 63(2) or
20
64(2) of the Administration Act; and
21
(ii) that was reasonable; and
22
(iii) the notification of which included a statement to the
23
effect that a failure to comply with the requirement
24
could constitute a parenting payment participation
25
failure; or
26
(b) fails to comply with a requirement to enter into a Parenting
27
Payment Activity Agreement; or
28
(c) fails to comply with a term of a Parenting Payment Activity
29
Agreement between the Secretary and the person; or
30
Parenting payment Schedule 4
Compliance Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 57
(d) fails to comply with a requirement that the Secretary notifies
1
to the person under subsection 502(1); or
2
(e) fails to attend a job interview; or
3
(f)
fails:
4
(i) to commence, complete or participate in an approved
5
program of work for income support payment that the
6
person is required to undertake; or
7
(ii) to comply with the conditions of such a program; or
8
(g) fails to continue his or her involvement in a labour market
9
program because he or she:
10
(i) voluntarily ceases to take part in the program; or
11
(ii) is dismissed from the program for misconduct; or
12
(h) fails to comply with a requirement to undertake another
13
activity referred to in paragraph 500ZB(1)(b).
14
Note:
For when a person is subject to participation requirements see
15
subsection 23(1).
16
(2) Despite subsection (1), a failure of a kind referred to in that
17
subsection is not a parenting payment participation failure if the
18
person satisfies the Secretary that the person had a reasonable
19
excuse for the failure.
20
(3) Despite subsection (1), if a failure of a kind referred to in that
21
subsection occurs in an instalment period of the person in which
22
the person has already committed a parenting payment
23
participation failure, the failure is not a parenting payment
24
participation failure if:
25
(a) the instalment period is the person's first instalment period
26
for parenting payment; or
27
(b) the instalment period is not the person's first instalment
28
period for parenting payment, and:
29
(i) the person did not commit a parenting payment
30
participation failure in the immediately preceding
31
instalment period of the person; or
32
(ii) in respect of each parenting payment participation
33
failure that the person committed in the immediately
34
preceding instalment period of the person, the person
35
acted in accordance with a requirement of the Secretary
36
that was notified in respect of that failure.
37
Schedule 4 Parenting payment
Part 2 Compliance
58 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(4) Subsection (1) does not apply to a failure if the person is a new
1
apprentice.
2
Note: For
new apprentice see subsection 23(1).
3
(5) Paragraph (1)(f) does not apply to a failure if:
4
(a) the person is under 60; and
5
(b) a determination under paragraph 28(4)(b) is in force in
6
relation to the person.
7
500ZB Payment not payable because of parenting payment
8
participation failure
9
(1) A parenting payment is not payable to a person, for the period
10
starting in accordance with section 500ZC and ending in
11
accordance with section 500ZD, if:
12
(a) the person commits a parenting payment participation failure;
13
and
14
(b) the Secretary requires the person:
15
(i) to comply with the requirement, or undertake the
16
activity, to which the parenting payment participation
17
failure relates; or
18
(ii) to comply with a particular requirement, or undertake a
19
particular activity, in place of the requirement or
20
activity to which the failure relates;
21
during the participation failure instalment period for the
22
failure, or at a particular time during that period; and
23
(c) the person fails to comply with the requirement.
24
(2) This section does not apply in relation to the failure if:
25
(a) the Secretary is satisfied that the person had a reasonable
26
excuse for the failure referred to paragraph (1)(c); or
27
(b) the Secretary is for any other reason satisfied that
28
subsection (1) should not apply to the failure.
29
(3)
The
participation failure instalment period for the parenting
30
payment participation failure is the next instalment period of the
31
person to start after the day on which the Secretary first became
32
aware that the person committed the failure.
33
(4) This section does not apply to a parenting payment participation
34
failure if section 500ZE applies to the failure.
35
Parenting payment Schedule 4
Compliance Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 59
500ZC When the period of non-payment starts
1
The period for which parenting payment is not payable to the
2
person because of section 500ZB is taken to have started at the
3
start of the participation failure instalment period for the parenting
4
payment participation failure.
5
500ZD When the period of non-payment ends
6
The period for which parenting payment is not payable to the
7
person because of section 500ZB ends when:
8
(a) in accordance with a requirement of the Secretary that the
9
person comply with the requirement, or undertake the
10
activity, to which the parenting payment participation failure
11
related, the person has complied with the requirement or
12
undertaken the activity; or
13
(b) in accordance with a requirement of the Secretary that the
14
person undertake another activity in place of the requirement
15
or activity to which the parenting payment participation
16
failure related, the person has undertaken the other activity;
17
or
18
(c) in accordance with a requirement of the Secretary that the
19
person comply with another requirement in place of the
20
requirement or activity to which the parenting payment
21
participation failure related, the person has complied with the
22
other requirement.
23
Subdivision CA--Situations where payment not payable
24
because of repeated or more serious failure
25
500ZE Payment not payable because of repeated or more serious
26
failure
27
(1) A parenting payment is not payable to a person, for the period of 8
28
weeks starting in accordance with section 500ZF, if the person:
29
(a) commits a parenting payment participation failure (the
30
repeated failure), having committed parenting payment
31
participation failures (the earlier failures) on 2 or more other
32
occasions during the period of 12 months preceding that
33
failure; or
34
Schedule 4 Parenting payment
Part 2 Compliance
60 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(b) is unemployed due, either directly or indirectly, to a
1
voluntary act of the person; or
2
(c) is unemployed due to the person's misconduct as a worker;
3
or
4
(d) has refused or failed, without reasonable excuse, to accept a
5
suitable offer of employment; or
6
(e)
fails:
7
(i) to commence, complete or participate in an approved
8
program of work for income support payment that the
9
person is required to undertake; or
10
(ii) to comply with the conditions of such a program.
11
(2) For the purposes of paragraph (1)(a), disregard any earlier failure
12
that is a failure to which subsection 500ZB(1) does not apply
13
because of subsection 500ZB(2).
14
(3) Subsection (1) does not apply in relation to the repeated failure if
15
the Secretary is for any other reason satisfied that subsection (1)
16
should not apply to the failure.
17
(4) Paragraph (1)(b) does not apply if the Secretary is satisfied that the
18
person's voluntary act was reasonable.
19
(5) Paragraph (1)(e) applies only if:
20
(a) the person is under 60; and
21
(b) a determination under paragraph 28(4)(b) is in force in
22
relation to the person.
23
500ZF When the period of non-payment starts
24
(1) The period for which parenting payment is not payable to the
25
person because of paragraph 500ZE(1)(a) is taken to start, or to
26
have started:
27
(a) if the repeated failure occurs during a participation failure
28
instalment period for an earlier failure--at the start of the
29
participation failure instalment period for the earlier failure;
30
or
31
(b) otherwise--at the start of the next instalment period of the
32
person to start after the day on which the Secretary first
33
became aware that the person committed the failure.
34
Note: For
participation failure instalment period see subsection 500ZB(3).
35
Parenting payment Schedule 4
Compliance Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 61
(2) The period for which parenting payment is not payable to the
1
person because of section 500ZE (other than because of paragraph
2
500ZE(1)(a)) starts on the day the Secretary determines that
3
section 500ZE applies to the person.
4
(3)
However,
if:
5
(a) section 500ZE would not apply to the person but for the
6
application of paragraph 500ZE(1)(b) or (c), or both; and
7
(b) at the time of the voluntary act or misconduct in question, the
8
person was not receiving parenting payment;
9
the period for which parenting payment is not payable to the
10
person starts at the time the person became unemployed as a result
11
of the voluntary act or misconduct.
12
10 Termination of participation agreement breach
13
non-payment periods
14
To avoid doubt, any participation agreement breach non-payment
15
period that, immediately before the commencement of this item, is in
16
force comes to an end on that commencement.
17
11 Subdivision B of Division 4 of Part 2.10 of Chapter 2
18
Repeal the Subdivision.
19
12 Termination of participation agreement breach rate
20
reduction periods
21
To avoid doubt, any participation agreement breach rate reduction
22
period that, immediately before the commencement of this item, is in
23
force comes to an end on that commencement.
24
Schedule 4 Parenting payment
Part 3 Seasonal work preclusion period
62 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 3--Seasonal work preclusion period
2
Social Security Act 1991
3
13 Paragraph 500Z(1)(a)
4
Omit "who is a member of a couple".
5
14 Application provision
6
The amendment made by this Part applies in relation to claims for
7
parenting payment made on or after 20 September 2006.
8
Youth allowance Schedule 5
RapidConnect Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 63
1
Schedule 5--Youth allowance
2
Part 1--RapidConnect
3
Social Security Act 1991
4
1 Subsection 544A(1)
5
Repeal the subsection, substitute:
6
Requirement to enter into agreement
7
(1) Subject to this section, the Secretary may require a person who is
8
not a party to a Youth Allowance Activity Agreement to enter into
9
such an agreement if:
10
(a) the person is receiving, or has made a claim for, a youth
11
allowance; or
12
(b) the Department is contacted by or on behalf of the person in
13
relation to a claim for a youth allowance.
14
2 At the end of Subdivision A of Division 2 of Part 2.11 of
15
Chapter 2
16
Add:
17
547AA Youth allowance not payable if person fails to attend
18
interview etc. in certain circumstances
19
General
20
(1) A youth allowance is not payable to a person if:
21
(a) before or after the person made a claim for a youth
22
allowance, the Department is contacted by or on behalf of the
23
person in relation to a claim for a youth allowance; and
24
(b) as a result of the contact, the Department required the person
25
to do one or both of the following:
26
(i) attend an interview with a specified person or
27
organisation at a time and place specified in the
28
requirement;
29
(ii) enter into a Youth Allowance Activity Agreement; and
30
Schedule 5 Youth allowance
Part 1 RapidConnect
64 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(c) the person fails to comply with that requirement, or those
1
requirements; and
2
(d) the person is not undertaking full-time study and is not a new
3
apprentice.
4
Note 1: For undertaking full-time study see section 541B.
5
Note 2: For new apprentice see subsection 23(1).
6
Secretary may decide that this section does not apply
7
(2) This section does not apply to a person if the Secretary is satisfied,
8
in accordance with any guidelines under subsection (3), that it
9
should not apply to the person.
10
(3) The Secretary may, by legislative instrument, make guidelines to
11
be complied with in deciding under subsection (2) whether this
12
section applies to a person.
13
When this section ceases to apply
14
(4) This section ceases to apply:
15
(a) when the person complies with:
16
(i) that requirement, or those requirements; or
17
(ii) any requirements that the Secretary has required the
18
person to undertake in place of that requirement, or
19
those requirements; or
20
(b) at such earlier time as the Secretary determines, in
21
accordance with any guidelines under subsection (5).
22
(5) The Secretary may, by legislative instrument, make guidelines to
23
be complied with in making determinations under paragraph (4)(b).
24
This section is unaffected by date of claim
25
(6) To avoid doubt, the fact that a person is taken, because of
26
section 13 of the Administration Act, to have made a claim for a
27
youth allowance on the day on which the Department was
28
contacted by or on behalf of the person in relation to the claim does
29
not affect the operation of this section.
30
Youth allowance Schedule 5
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 65
1
Part 2--Participation
2
Social Security Act 1991
3
3 After section 540AA
4
Insert:
5
540AB Qualification for youth allowance--claimants with medical
6
conditions affecting their capacity to work
7
General rule
8
(1) Subject to this Subdivision, a person is qualified for a youth
9
allowance in respect of the period starting in accordance with
10
subsection (2) and ending in accordance with subsection (3) if:
11
(a) the person satisfies the Secretary that throughout the period
12
the person is unemployed; and
13
(b) throughout the period, the person is of youth allowance age
14
(see Subdivision D); and
15
(c) the person has made a claim, or is taken to have made a
16
claim, for youth allowance; and
17
(d) the person satisfies the Secretary that it is likely that the
18
person has a permanent medical condition that would prevent
19
the person from undertaking full-time work; and
20
(e) the person satisfies the Secretary that it would be
21
unreasonable to expect the person to satisfy the activity test
22
until an assessment of the person's capacity to work has been
23
undertaken; and
24
(f) throughout the period, the person:
25
(i) is an Australian resident; or
26
(ii) is exempt from the residence requirement within the
27
meaning of subsection 7(7).
28
Note 1:
Subdivision G provides for prospective qualification for youth
29
allowance.
30
Note 2:
Division 2 sets out situations in which youth allowance is not payable
31
even if the person qualifies for it.
32
Schedule 5 Youth allowance
Part 2 Participation
66 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Period for which person is qualified
1
(2) The period for which the person is qualified for a youth allowance
2
under this section starts:
3
(a) if the person is already receiving youth allowance when the
4
Secretary becomes aware of the medical condition referred to
5
in paragraph (1)(d)--when the Secretary becomes aware of
6
the medical condition; or
7
(b) otherwise--when the person made, or is taken to have made,
8
the claim for youth allowance.
9
(3) The period for which the person is qualified for a youth allowance
10
under this section ends:
11
(a) if the person has failed to comply with a requirement to enter
12
into a Youth Allowance Activity Agreement--on the day on
13
which the person so failed; or
14
(b) in any other case--when the person enters into a Youth
15
Allowance Activity Agreement.
16
Extending the meaning of who is unemployed
17
(4) The Secretary may, for the purposes of this section, treat a person
18
as being unemployed throughout a period if:
19
(a) during the period, the person undertakes:
20
(i) paid work that, in the Secretary's opinion, is suitable for
21
the person to undertake; or
22
(ii)
any
other
activity;
23
as a result of which he or she would, but for this subsection,
24
not be taken to be unemployed; and
25
(b) the Secretary is of the opinion that, taking into account:
26
(i) the nature of the work or other activity; and
27
(ii) the duration of the work or other activity; and
28
(iii) any remuneration received for the work or other
29
activity; and
30
(iv) any other matters relating to the work or other activity,
31
or to the person's circumstances, that the Secretary
32
considers relevant;
33
the activity should be disregarded.
34
(5) However, the activity must not be or include an activity of a kind
35
that the Secretary determines under subsection (6).
36
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 67
(6) The Secretary may determine, by legislative instrument, kinds of
1
activities that are not to be taken into account for the purposes of
2
subsection (4).
3
4 Paragraphs 541(1)(c) and (d)
4
Repeal the paragraphs, substitute:
5
(c) throughout the period, the person complies with the terms of
6
a Youth Allowance Activity Agreement applying to the
7
person.
8
5 Subsection 541(1) (notes 1 and 2)
9
Repeal the notes, substitute:
10
Note:
See section 541D on paid work that is unsuitable.
11
6 Subsection 541(1A)
12
Omit "CSP", substitute "PSP".
13
7 After subsection 541(1A)
14
Insert:
15
Certain principal carers and people with partial capacity to work
16
(1B) A person who:
17
(a) is the principal carer of at least one child; or
18
(b) has a partial capacity to work;
19
is taken to satisfy the activity test in respect of a period if, during
20
the period, the person is engaged for at least 30 hours per fortnight
21
in paid work that the Secretary regards as suitable.
22
Note 1:
For principal carer see subsections 5(15) to (24).
23
Note 2:
For partial capacity to work see section 16B.
24
8 Subsections 541(2) and (2A)
25
Repeal the subsections, substitute:
26
Requirement to undertake paid work
27
(2) A person also satisfies the activity test in respect of a period if:
28
(a) the Secretary is of the opinion that, throughout the period, the
29
person should undertake particular paid work, other than paid
30
work that is unsuitable to be done by the person; and
31
Schedule 5 Youth allowance
Part 2 Participation
68 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Note:
See section 541D on paid work that is unsuitable.
1
(b) the Secretary notifies the person that the person is required to
2
act in accordance with the opinion; and
3
(c) the person complies, throughout the period, with the
4
Secretary's requirement.
5
(2A) To avoid doubt, the work that the person is required to undertake
6
under subsection (2) may involve a number of hours per week that
7
differs from the number of hours of work per week that the person
8
is required to seek to comply with a Youth Allowance Activity
9
Agreement between the Secretary and the person.
10
(2B) A person cannot be taken to satisfy the activity test throughout a
11
period if the person fails to comply with a requirement under
12
subsection (2):
13
(a) whether or not the person complies with subsection (1) or
14
(1A); and
15
(b) whether or not another provision of this Act under which the
16
activity test is satisfied, or taken to be satisfied, applies (or
17
would apart from this section apply) to the person.
18
9 Saving certain notices under subsection 541(2)
19
If:
20
(a) before the commencement of this item, the Secretary had
21
notified a person under subsection 541(2) of the Social
22
Security Act 1991 that the person was required to act in
23
accordance with an opinion of the Secretary of the kind
24
referred to in paragraph 541(2)(a) of that Act; and
25
(b) at the time of that commencement, the period to which the
26
requirement relates had not come to an end;
27
the notice continues in force after that commencement as if it were a
28
notice under paragraph 541(2)(b) of that Act as amended by this Act.
29
10 Paragraphs 541A(a) and (b)
30
Omit "to take reasonable steps".
31
11 Section 541A (note)
32
Repeal the note.
33
12 Section 541C
34
Youth allowance Schedule 5
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 69
Repeal the section.
1
13 After paragraph 541D(1)(b)
2
Insert:
3
(ba) the person is the principal carer for one or more children, and
4
does not have access to appropriate care and supervision for
5
the children at the times when the person would be required
6
to undertake the work; or
7
Note: For
principal carer see subsections 5(15) to (24).
8
14 Paragraph 541D(1)(d)
9
Repeal the paragraph.
10
15 Paragraphs 541D(1)(e) and (f)
11
Repeal the paragraphs, substitute:
12
(e) the work would be covered by the Australian Fair Pay and
13
Conditions Standard, but the terms and conditions for the
14
work would be below the minimum terms and conditions for
15
the work under the Australian Fair Pay and Conditions
16
Standard; or
17
(f) the work would not be covered by the Australian Fair Pay
18
and Conditions Standard, but, if it were so covered, the terms
19
and conditions for the work would be below the minimum
20
terms and conditions for the work under the Australian Fair
21
Pay and Conditions Standard; or
22
16 After subsection 541D(1)
23
Insert:
24
(1AA) A person has, for the purposes of paragraph (1)(ba), access to
25
appropriate care and supervision for a child at a particular time if,
26
at that time:
27
(a) the child could be provided with care by an approved child
28
care service (within the meaning of the Family Assistance
29
Administration Act), and provision of that care would, in the
30
Secretary's opinion, be appropriate in the circumstances; or
31
(b) the child could be provided with other care that the person
32
considers to be suitable; or
33
Schedule 5 Youth allowance
Part 2 Participation
70 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(c) the child could be attending school, and attendance at that
1
school would, in the Secretary's opinion, be appropriate in
2
the circumstances.
3
(1AB) For the purposes of paragraph (1)(ba), a time when the person
4
would be required to undertake the work includes reasonable
5
amounts of time that would be needed for the person to travel from
6
the person's home to the place of work and from the place of work
7
to the person's home.
8
17 Subsections 541D(2) and (3)
9
Repeal the subsections.
10
18 Sections 541E and 541F
11
Repeal the sections.
12
19 Paragraph 542(d)
13
Repeal the paragraph, substitute:
14
(d) the person has a domestic violence or other special family
15
circumstances exemption under section 542F; or
16
(da) the person has a disabled children or other family
17
circumstances exemption under section 542FA; or
18
(db) the person has a new claimants exemption under
19
section 542FB; or
20
20 Paragraph 542B(1)(d)
21
Omit "take reasonable steps to".
22
21 Subsection 542B(2)
23
Omit "take reasonable steps to".
24
22 Subsection 542B(3)
25
Repeal the subsection.
26
23 After section 542B
27
Insert:
28
Youth allowance Schedule 5
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 71
542BA Time limit for temporary incapacity exemptions--capacity
1
to undertake activity
2
General
3
(1) A person ceases to have a temporary incapacity exemption if the
4
Secretary is satisfied that, although the person meets the
5
requirements of section 542A, the person should undertake one or
6
more activities that the Secretary regards as suitable for the person.
7
When cessation occurs
8
(2) The cessation occurs:
9
(a) if the person has been required to enter into a Youth
10
Allowance Activity Agreement but has failed to enter that
11
agreement--when the person so failed; or
12
(b) in any other case--when the person has entered into such an
13
agreement.
14
Section 542C unaffected by this section
15
(3) This section does not prevent a person ceasing to have a temporary
16
incapacity exemption under section 542C.
17
24 At the end of section 542C
18
Add:
19
Section 542BA unaffected by this section
20
(8) This section does not prevent a person ceasing to have a temporary
21
incapacity exemption under section 542BA.
22
Note:
The heading to section 542C is altered by adding at the end "--maximum exemption
23
period".
24
25 Section 542F
25
Repeal the section, substitute:
26
Schedule 5 Youth allowance
Part 2 Participation
72 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
542F Domestic violence or other special family circumstances
1
exemption
2
General
3
(1) A person has a domestic violence or other special family
4
circumstances exemption in respect of a period that the Secretary
5
determines under this section in relation to the person.
6
Circumstances in which a determination may be made
7
(2) The Secretary may make a determination under this section in
8
relation to the person if the Secretary is satisfied that:
9
(a)
the
person:
10
(i) is the principal carer of one or more children; and
11
(ii) has ceased to be a member of a couple in the period of
12
26 weeks before the determination; and
13
(iii) was subjected to domestic violence in that period of 26
14
weeks (whether or not the domestic violence was
15
connected with ceasing to be a member of that or any
16
other couple); and
17
(iv) has not again become a member of a couple; or
18
(b) the person is the principal carer of one or more children, and
19
there are special circumstances relating to the person's family
20
that make it appropriate to make the determination.
21
Note: For
principal carer see subsections 5(15) to (24).
22
Duration of period
23
(3) The period that the Secretary determines under this section must be
24
the lesser of:
25
(a) the period that the Secretary considers to be appropriate; or
26
(b)
16
weeks.
27
(4) Any such period may be followed by one or more other periods
28
(not exceeding 16 weeks) determined under this section in relation
29
to the person.
30
(5) The period that the Secretary determines under this section must,
31
despite subsection (3), be 16 weeks if the determination:
32
(a) is made on grounds referred to in paragraph (2)(a) (or on
33
grounds that include those grounds); and
34
Youth allowance Schedule 5
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 73
(b) is the first determination made on those grounds (or on
1
grounds that include those grounds) in connection with the
2
particular cessation referred to in subparagraph (2)(a)(ii).
3
Revocation of determination
4
(6) The Secretary may revoke a determination under this section in
5
relation to a person if the Secretary is satisfied that the grounds on
6
which the determination was made no longer exist.
7
(7) Subsection (6) does not affect any operation that subsection 33(3)
8
of the Acts Interpretation Act 1901 has in relation to a
9
determination under this section.
10
542FA Disabled children or other family circumstances exemption
11
General
12
(1) A person has a disabled children or other family circumstances
13
exemption in respect of a period that the Secretary determines
14
under this section in relation to the person.
15
Circumstances in which a determination may be made
16
(2) The Secretary may make a determination under this section in
17
relation to the person if the Secretary is satisfied that the person is
18
the principal carer of one or more children:
19
(a) who suffer from a physical, intellectual or psychiatric
20
disability or illness; and
21
(b) whose care needs are such that the person should, for the
22
period specified in the determination, not be required to
23
satisfy the activity test.
24
Note: For
principal carer see subsections 5(15) to (24).
25
(3) The Secretary must make a determination under this section in
26
relation to the person if the Secretary is satisfied that the person is
27
the principal carer of one or more children, and that:
28
(a) the person is a registered and active foster carer; or
29
(b) the person is a home educator of that child, or one or more of
30
those children; or
31
(c) the person is a distance educator of that child, or one or more
32
of those children.
33
Schedule 5 Youth allowance
Part 2 Participation
74 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Note 1:
For principal carer see subsections 5(15) to (24).
1
Note 2:
For registered and active foster carer see section 5B.
2
Note 3:
For home educator see section 5C.
3
Note 4:
For distance educator see section 5D.
4
(4) The Secretary may make a determination under this section in
5
relation to the person if the Secretary is satisfied that:
6
(a) the person is a person included in a class of persons specified
7
under subsection (5); and
8
(b) the person's circumstances are such that the person should
9
not be required to satisfy the activity test for the period.
10
(5) The Secretary may, by legislative instrument, specify classes of
11
persons in respect of whom determinations under this section may
12
be made.
13
Duration of period
14
(6) The period that the Secretary determines under this section must be
15
the lesser of:
16
(a) the period that the Secretary considers to be appropriate; or
17
(b)
12
months.
18
(7) Any such period may be followed by one or more other periods
19
(not exceeding 12 months) determined under this section in
20
relation to the person.
21
Revocation of determination
22
(8) The Secretary may revoke a determination under this section in
23
relation to a person if the Secretary is satisfied that the grounds on
24
which the determination was made no longer exist.
25
(9) Subsection (8) does not affect any operation that subsection 33(3)
26
of the Acts Interpretation Act 1901 has in relation to a
27
determination under this section.
28
542FB New claimants exemption
29
General
30
(1) A person has a new claimants exemption in respect of the period to
31
which subsection (4) applies if:
32
Youth allowance Schedule 5
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 75
(a) during the period, the person undertakes:
1
(i) paid work that, in the Secretary's opinion, is suitable for
2
the person to undertake; or
3
(ii) any other activity; and
4
(b) the Secretary is of the opinion that, taking into account:
5
(i) the nature of the work or other activity; and
6
(ii) the duration of the work or other activity; and
7
(iii) any remuneration received for the work or other
8
activity; and
9
(iv) any other matters relating to the work or other activity,
10
or to the person's circumstances, that the Secretary
11
considers relevant;
12
it would be unreasonable to expect the person to satisfy the
13
activity test for the period.
14
Work or other activities that are not to be taken into account
15
(2) However, the work or other activity must not be or include any
16
work or other activity of a kind that the Secretary determines under
17
subsection (3).
18
(3) The Secretary may determine, by legislative instrument, kinds of
19
work or other activity that are not to be taken into account for the
20
purposes of subsection (1).
21
Duration of period
22
(4) This subsection applies to the period:
23
(a)
starting:
24
(i) when the person made a claim, or is taken to have made
25
a claim, for youth allowance; or
26
(ii) when the person started to undertake the work or other
27
activity;
28
whichever happens later; and
29
(b)
ending:
30
(i) if the person has been required to enter into a Youth
31
Allowance Activity Agreement but has failed to enter
32
that agreement--when the person so failed; or
33
(ii) in any other case--when the person has entered into
34
such an agreement.
35
Schedule 5 Youth allowance
Part 2 Participation
76 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
26 Paragraph 544(1)(b)
1
Omit "take reasonable steps, to the satisfaction of the Secretary, to".
2
Note:
The heading to subsection 544(1) is deleted.
3
27 Paragraph 544(1)(b) (note)
4
Repeal the note.
5
28 Subsections 544(2) and (2A)
6
Repeal the subsections.
7
29 At the end of section 544
8
Add:
9
(4) For the purposes of this Part, if:
10
(a) a person starts to receive youth allowance on a particular day;
11
and
12
(b) immediately before that day, the person was a party to a
13
Parenting Payment Activity Agreement; and
14
(c) the period covered by the agreement ends after that day;
15
the agreement has effect on and after that day as if it were a Youth
16
Allowance Activity Agreement.
17
30 Paragraph 544A(2)(a)
18
Repeal the paragraph.
19
Note:
The heading to subsection 544A(2) is replaced by the heading "Persons who have
20
certain exemptions etc. are not to be required to enter agreements".
21
31 After paragraph 544A(2)(b)
22
Insert:
23
(ba) has a domestic violence or other special family circumstances
24
exemption under section 542F; or
25
(bb) has a disabled children or other family circumstances
26
exemption under section 542FA; or
27
32 After subsection 544A(2)
28
Insert:
29
Youth allowance Schedule 5
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 77
Persons who have a temporary incapacity exemption
1
(2A) A person who has a temporary incapacity exemption under
2
section 542A is not to be required to enter into a Youth Allowance
3
Activity Agreement unless subsection 542BA(1) applies to the
4
person.
5
33 Subsection 544A(4)
6
Omit "a notice in writing", substitute "notice".
7
34 Paragraph 544A(4)(c)
8
Omit "set out in the notice".
9
35 Subsection 544B(1)
10
Repeal the subsection, substitute:
11
Suitable activities
12
(1) Subject to sections 544C and 544D, a Youth Allowance Activity
13
Agreement with a person is to require the person to undertake one
14
or more activities that the Secretary regards as suitable for the
15
person.
16
(1A) However, an agreement must not require the person to undertake
17
an activity of a kind that the Secretary determines under
18
subsection (1B).
19
(1B) The Secretary may determine, by legislative instrument, kinds of
20
activities that agreements must not require persons to undertake.
21
36 Application of subsection 544B(1A)
22
Subsection 544B(1A) of the Social Security Act 1991 as amended by
23
this Act does not apply to any Youth Allowance Activity Agreement
24
entered into before the commencement of this item.
25
37 Paragraph 544B(4)(a)
26
Repeal the paragraph, substitute:
27
(a) the person's education, experience, skills and age;
28
(aa) the impact of any disability, illness, mental condition or
29
physical condition of the person on the person's ability to
30
work, to look for work or to participate in training activities;
31
Schedule 5 Youth allowance
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78 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
38 Paragraph 544B(4)(e)
1
Omit ", by reference to what constitutes unreasonably difficult
2
commuting for the purposes of paragraph 541D(1)(g)".
3
39 Subsections 544B(5A) to (5C)
4
Repeal the subsections.
5
40 After subsection 544B(7)
6
Insert:
7
Revocation of requirement to participate in an approved program
8
of work
9
(7A) The Secretary may, by notice given to a person whom a Youth
10
Allowance Activity Agreement requires to participate in an
11
approved program of work for income support payment, revoke the
12
requirement to participate in the program if the Secretary:
13
(a) is satisfied that the person is undertaking full-time study; or
14
(b) is satisfied that the person is a person to whom
15
paragraph (7)(c) applies; or
16
(c) forms the opinion that subparagraph (7)(d)(i) or (ii) applies in
17
relation to the performance of that work by the person.
18
41 Sections 544C to 544E
19
Repeal the sections, substitute:
20
544C Youth Allowance Activity Agreements--principal carers
21
(1) A Youth Allowance Activity Agreement that:
22
(a) is between the Secretary and a person who is the principal
23
carer of at least one child; and
24
Note: For
principal carer see subsections 5(15) to (24).
25
(b) requires the person to undertake, as an activity, looking for
26
part-time paid work that the Secretary regards as suitable;
27
must require the person to undertake looking for such part-time
28
work of at least the appropriate number of hours per week.
29
(2) The appropriate number of hours per week is:
30
(a)
15;
or
31
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(b) such other number as the Secretary determines to be
1
appropriate having regard to the person's circumstances.
2
544D Youth Allowance Activity Agreements--people with partial
3
capacity to work
4
(1) A Youth Allowance Activity Agreement that:
5
(a) is between the Secretary and a person who has a partial
6
capacity to work; and
7
Note: For
partial capacity to work see section 16B.
8
(b) requires the person to undertake, as an activity, looking for
9
part-time paid work that the Secretary regards as suitable;
10
must require the person to undertake looking for part-time work of
11
at least the appropriate number of hours per week.
12
(2) The appropriate number of hours per week is:
13
(a)
15;
or
14
(b) such other number as the Secretary determines to be
15
appropriate having regard to the person's circumstances.
16
544E Youth Allowance Activity Agreements--suspension of
17
agreements for people with certain exemptions
18
A Youth Allowance Activity Agreement between the Secretary and
19
a person is taken to be suspended during any period in respect of
20
which the person:
21
(a) has a domestic violence or other special family circumstances
22
exemption under section 542F; or
23
(b) has a disabled children or other family circumstances
24
exemption under section 542FA.
25
42 Subsection 546(1)
26
After "for a period", insert "determined by the Secretary".
27
43 Paragraph 546(1)(d)
28
Repeal the paragraph, substitute:
29
(d) the Secretary is satisfied that the person should be qualified
30
under this section for youth allowance for the period.
31
44 Subsections 546(3) to (7)
32
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80 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Repeal the subsections.
1
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 81
1
Part 3--Compliance
2
Social Security Act 1991
3
45 At the end of Subdivision A of Division 2 of Part 2.11 of
4
Chapter 2
5
Add:
6
547AB Situations where allowance not payable for failure to comply
7
with certain requirements
8
A youth allowance is not payable to a person if the person refuses
9
or fails, without reasonable excuse, to comply with a requirement
10
made of the person under section 67, 68 or 192 of the
11
Administration Act.
12
46 Subdivision D of Division 2 of Part 2.11 of Chapter 2
13
Repeal the Subdivision, substitute:
14
Subdivision D--Situations where allowance not payable
15
because of youth allowance participation failure
16
550 Youth allowance participation failures
17
Meaning of youth participation failure
18
(1) A person commits a youth allowance participation failure if the
19
person:
20
(a) fails to comply with a requirement:
21
(i) that was notified to the person under subsection 63(2) or
22
64(2) of the Administration Act; and
23
(ii) that was reasonable; and
24
(iii) the notification of which included a statement to the
25
effect that a failure to comply with the requirement
26
could constitute a youth allowance participation failure;
27
or
28
(b) fails to satisfy the activity test; or
29
Schedule 5 Youth allowance
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82 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(c) fails to comply with a requirement to enter into a Youth
1
Allowance Activity Agreement; or
2
(d) fails to comply with a term of a Youth Allowance Activity
3
Agreement between the Secretary and the person; or
4
(e) fails to attend a job interview; or
5
(f)
fails:
6
(i) to commence, complete or participate in an approved
7
program of work for income support payment that the
8
person is required to undertake; or
9
(ii) to comply with the conditions of such a program; or
10
(g) fails to continue his or her involvement in a labour market
11
program because he or she:
12
(i) voluntarily ceases to take part in the program; or
13
(ii) is dismissed from the program for misconduct; or
14
(h) is issued with a notice under subsection 550A(1) and fails to
15
comply with it within the period specified in the notice; or
16
(i) fails to comply with subsection 550A(2); or
17
(j) fails to comply with a requirement included in a Youth
18
Allowance Activity Agreement between the Secretary and
19
the person to:
20
(i) undertake a certain number of job searches per
21
fortnight; and
22
(ii) keep a record of the person's job searches in a document
23
referred to in the agreement as a job seeker diary; and
24
(iii) return the job seeker diary to the Department at the end
25
of the period specified in the agreement; or
26
(k) fails to comply with a requirement to undertake another
27
activity referred to in paragraph 550B(1)(b).
28
Reasonable excuse
29
(2) Despite subsection (1), a failure of a kind referred to in that
30
subsection is not a youth allowance participation failure if the
31
person satisfies the Secretary that the person had a reasonable
32
excuse for the failure.
33
Subsequent failures in the same instalment period
34
(3) Despite subsection (1), if a failure of a kind referred to in that
35
subsection occurs in an instalment period of the person in which
36
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Measures) Bill 2005 No. , 2005 83
the person has already committed a youth allowance participation
1
failure, the failure is not a youth allowance participation failure if:
2
(a) the instalment period is the person's first instalment period
3
for youth allowance; or
4
(b) the instalment period is not the person's first instalment
5
period for youth allowance, and:
6
(i) the person did not commit a youth allowance
7
participation failure in the immediately preceding
8
instalment period of the person; or
9
(ii) in respect of each youth allowance participation failure
10
that the person committed in the immediately preceding
11
instalment period of the person, the person acted in
12
accordance with a requirement of the Secretary notified
13
in respect of that failure.
14
Failures covered by section 547AA
15
(4) Despite subsection (1), a failure of a kind referred to in that
16
subsection is not a youth allowance participation failure if it results
17
in youth allowance not being payable to the person under
18
section 547AA.
19
Full-time study
20
(5) Paragraphs (1)(c) to (j) do not apply to a failure if the person is
21
undertaking full-time study.
22
Note: For
undertaking full-time study see section 541B.
23
New apprentices
24
(6) Subsection (1) does not apply to a failure if the person is a new
25
apprentice.
26
Note: For
new apprentice see subsection 23(1).
27
Failures relating to participation in approved programs of work
28
(7) Paragraph (1)(f) does not apply to a failure if:
29
(a) the person is under 60; and
30
(b) a determination under paragraph 28(4)(b) is in force in
31
relation to the person.
32
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84 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Effect of paragraph (1)(j)
1
(8) Paragraph (1)(j) does not limit the scope of paragraph (1)(d).
2
550A Requiring a person to apply for job vacancies
3
General
4
(1) The Secretary may notify a person in writing (other than a person
5
who is undertaking full-time study or who is a new apprentice) that
6
the person must apply for a particular number of advertised job
7
vacancies in the period stated in the notice, being a period of not
8
less than 14 days.
9
Note 1:
For undertaking full-time study see section 541B.
10
Note 2:
For new apprentice see subsection 23(1).
11
Statements confirming job applications
12
(2) The person must give the Secretary a written statement from each
13
employer whose job vacancy the person applied for that confirms
14
that the person applied for the job vacancy.
15
Form of statements
16
(3) The statement from the employer must be in a form approved by
17
the Secretary.
18
Exemption from giving the Secretary statements
19
(4) Subsection (2) does not apply to a person if the Secretary is
20
satisfied that there are special circumstances in which it is not
21
reasonable to expect the person to give the statement referred to in
22
that subsection.
23
550B Allowance not payable because of youth allowance
24
participation failure
25
General
26
(1) A youth allowance is not payable to a person, for the period
27
starting in accordance with section 550C and ending in accordance
28
with section 550D, if:
29
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Measures) Bill 2005 No. , 2005 85
(a) the person commits a youth allowance participation failure;
1
and
2
(b) the Secretary requires the person:
3
(i) to comply with the requirement, or undertake the
4
activity, to which the youth allowance participation
5
failure relates; or
6
(ii) to comply with a particular requirement, or undertake a
7
particular activity, in place of the requirement or
8
activity to which the failure relates;
9
during the participation failure instalment period for the
10
failure, or at a particular time during that period; and
11
(c) the person fails to comply with the requirement.
12
However, paragraphs (b) and (c) do not apply in relation to a youth
13
allowance participation failure of a kind referred to in paragraph
14
550(1)(h), (i) or (j).
15
Reasonable excuse etc.
16
(2) This section does not apply in relation to the failure if:
17
(a) the Secretary is satisfied that the person had a reasonable
18
excuse for the failure referred to paragraph (1)(c); or
19
(b) the Secretary is for any other reason satisfied that
20
subsection (1) should not apply to the failure.
21
Meaning of participation failure instalment period
22
(3)
The
participation failure instalment period for the youth
23
allowance participation failure is:
24
(a) if the failure is a failure of a kind referred to in paragraph
25
550(1)(h) or (i), the next instalment period of the person to
26
start after the end of the period specified in the notice under
27
subsection 550A(1) to which the failure relates; or
28
(b) if the failure is a failure of a kind referred to in paragraph
29
550(1)(j), the next instalment period of the person to start
30
after the end of the period referred to in subparagraph
31
550(1)(j)(iii); or
32
(c) otherwise--the next instalment period of the person to start
33
after the day on which the Secretary first became aware that
34
the person committed the failure.
35
Schedule 5 Youth allowance
Part 3 Compliance
86 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Failures covered by section 551
1
(4) This section does not apply to a youth allowance participation
2
failure if section 551 applies to the failure.
3
550C When the period of non-payment starts
4
The period for which youth allowance is not payable to the person
5
because of section 550B is taken to have started at the start of the
6
participation failure instalment period for the youth allowance
7
participation failure.
8
550D When the period of non-payment ends
9
The period for which youth allowance is not payable to the person
10
because of section 550B ends when:
11
(a) in accordance with a requirement of the Secretary that the
12
person comply with the requirement, or undertake the
13
activity, to which the youth allowance participation failure
14
related, the person has complied with the requirement or
15
undertaken the activity; or
16
(b) in accordance with a requirement of the Secretary that the
17
person undertake another activity in place of the requirement
18
or activity to which the youth allowance participation failure
19
related, the person has undertaken the other activity; or
20
(c) in accordance with a requirement of the Secretary that the
21
person comply with another requirement in place of the
22
requirement or activity to which the youth allowance
23
participation failure related, the person has complied with the
24
other requirement.
25
Subdivision E--Situations where allowance not payable
26
because of repeated or more serious failure
27
551 Allowance not payable because of repeated or more serious
28
failure
29
General
30
(1) A youth allowance is not payable to a person, for the period of 8
31
weeks starting in accordance with section 551A, if the person:
32
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Measures) Bill 2005 No. , 2005 87
(a) commits a youth allowance participation failure (the repeated
1
failure), having committed youth allowance participation
2
failures (the earlier failures) on 2 or more other occasions
3
during the period of 12 months preceding that failure; or
4
(b) is unemployed due, either directly or indirectly, to a
5
voluntary act of the person; or
6
(c) is unemployed due to the person's misconduct as a worker;
7
or
8
(d) has refused or failed, without reasonable excuse, to accept a
9
suitable offer of employment; or
10
(e)
fails:
11
(i) to commence, complete or participate in an approved
12
program of work for income support payment that the
13
person is required to undertake; or
14
(ii) to comply with the conditions of such a program.
15
Reasonable excuse etc.
16
(2) For the purposes of paragraph (1)(a), disregard any earlier failure
17
that is a failure to which subsection 550B(1) does not apply
18
because of subsection 550B(2).
19
(3) Subsection (1) does not apply in relation to the repeated failure if
20
the Secretary is for any other reason satisfied that subsection (1)
21
should not apply to the failure.
22
Full-time study and new apprentices
23
(4) Paragraphs (1)(b) to (e) do not apply to a failure if the person:
24
(a) is undertaking full-time study; or
25
(b) is a new apprentice.
26
Note 1:
For undertaking full-time study see section 541B.
27
Note 2:
For new apprentice see subsection 23(1).
28
Unemployment due to voluntary act
29
(5) Paragraph (1)(b) does not apply if the Secretary is satisfied that the
30
person's voluntary act was reasonable.
31
Failures relating to participation in approved programs of work
32
(6) Paragraph (1)(e) applies only if:
33
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88 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) the person is under 60; and
1
(b) a determination under paragraph 28(4)(b) is in force in
2
relation to the person.
3
551A When the period of non-payment starts
4
Repeated failures
5
(1) The period for which youth allowance is not payable to the person
6
because of paragraph 551(1)(a) is taken to start, or to have started:
7
(a) if the repeated failure is a failure of a kind referred to in
8
paragraph 550(1)(h), (i) or (j)--at the start of the
9
participation failure instalment period for the repeated
10
failure; or
11
(b) if paragraph (a) of this subsection does not apply and the
12
repeated failure occurs during a participation failure
13
instalment period for an earlier failure--at the start of the
14
participation failure instalment period for the earlier failure;
15
or
16
(c) otherwise--at the start of the next instalment period of the
17
person to start after the day on which the Secretary first
18
became aware that the person committed the failure.
19
Note: For
participation failure instalment period see subsection 550B(3).
20
Other failures
21
(2) The period for which youth allowance is not payable to the person
22
because of section 551 (other than because of paragraph 551(1)(a))
23
starts on the day the Secretary determines that section 551 applies
24
to the person.
25
(3)
However,
if:
26
(a) section 551 would not apply to the person but for the
27
application of paragraph 551(1)(b) or (c), or both; and
28
(b) at the time of the voluntary act or misconduct in question, the
29
person was not receiving youth allowance;
30
the period for which youth allowance is not payable to the person
31
starts at the time the person became unemployed as a result of the
32
voluntary act or misconduct.
33
47 Saving provision relating to activity test breaches
34
Youth allowance Schedule 5
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 89
(1) If:
1
(a) as a result of an activity test breach committed by the person
2
before the commencement of this item, an activity test
3
non-payment period applied to the person under Subdivision
4
D of Division 2 of Part 2.11 of the Social Security Act 1991;
5
and
6
(b) on that commencement, the activity test non-payment period
7
had not ended;
8
the activity test non-payment period continues to apply to the person
9
after that commencement as if that Subdivision had not been repealed
10
by this Act.
11
(2)
In this item:
12
activity test breach has the same meaning as it had in section 550A of
13
the Social Security Act 1991 before the commencement of this item.
14
48 Transitional provision relating to repeated breaches
15
(1)
The reference in paragraph 551(1)(a) of the Social Security Act 1991 as
16
amended by this Act to youth allowance participation failures
17
committed by a person during the period of 12 months preceding a
18
youth allowance participation failure includes a reference to any activity
19
test failures committed by the person:
20
(a) during that period of 12 months; and
21
(b) before the commencement of this item.
22
(2)
In this item:
23
activity test failure means any activity test breach (within the meaning
24
of section 550A of the Social Security Act 1991) that:
25
(a) was constituted by a failure of a kind referred to in paragraph
26
550A(1)(a) or (b) of that Act; and
27
(b) was committed by the person as a result of which an activity
28
test penalty period applied to the person, before the
29
commencement of this item, under:
30
(i) Subdivision D of Division 2 of Part 2.11 of that Act; or
31
(ii) Subdivision B of Division 5 of Part 2.11 of that Act.
32
49 Subdivision A of Division 5 of Part 2.11 of Chapter 2
33
(heading)
34
Repeal the heading.
35
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90 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
50 Subdivision B of Division 5 of Part 2.11 of Chapter 2
1
Repeal the Subdivision.
2
51 Saving provision relating to activity test breach rate
3
reductions
4
(1) If:
5
(a) as a result of an activity test breach committed by the person
6
before the commencement of this item, an activity test breach
7
rate reduction period applied to the person under Subdivision
8
B of Division 5 of Part 2.11 of the Social Security Act 1991;
9
and
10
(b) on that commencement, the activity test breach rate reduction
11
period had not ended;
12
the activity test breach rate reduction period continues to apply to the
13
person after that commencement as if that Subdivision had not been
14
repealed by this Act.
15
(2)
The fact that an activity test breach rate reduction period is applying to
16
the person because of this item does not prevent the application to the
17
person, at the same time, of a period during which youth allowance is
18
not payable because of Subdivision D or E of Division 2 of Part 2.11 of
19
the Social Security Act 1991 as amended by this Act.
20
(3)
In this item:
21
activity test breach has the same meaning as it had in section 550A of
22
the Social Security Act 1991 before the commencement of this item.
23
52 Subdivision C of Division 5 of Part 2.11 of Chapter 2
24
(heading)
25
Repeal the heading.
26
53 Sections 558 to 558G
27
Repeal the sections.
28
54 Saving provision relating to administrative breaches
29
(1) If:
30
(a) as a result of an administrative breach committed by the
31
person before the commencement of this item, an
32
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Measures) Bill 2005 No. , 2005 91
administrative breach rate reduction period applied to the
1
person under section 558 of the Social Security Act 1991; and
2
(b) on that commencement, the administrative breach rate
3
reduction period had not ended;
4
the administrative breach rate reduction period continues to apply to the
5
person after that commencement as if that section had not been repealed
6
by this Act.
7
(2)
In this item:
8
administrative breach means any refusal or failure by the person as a
9
result of which an administrative breach rate reduction period applied to
10
the person, before the commencement of this item, under section 558 of
11
the Social Security Act 1991.
12
55 Saving provision relating to sections 558A to 558G
13
(1) If:
14
(a) as a result of an administrative breach committed by the
15
person before the commencement of this item, an
16
administrative breach rate reduction period applied to the
17
person under:
18
(i) section 558 of the Social Security Act 1991; or
19
(ii) subsection 63(4) or 64(4) of the Social Security
20
(Administration) Act 1999; and
21
(b) on that commencement, the administrative breach rate
22
reduction period had not ended;
23
sections 558A to 558G of the Social Security Act 1991 continue to
24
apply to the administrative breach rate reduction period after that
25
commencement as if they had not been repealed by this Act.
26
(2)
The fact that an administrative breach rate reduction period is applying
27
to the person because of this item does not prevent the application to the
28
person, at the same time, of a period during which youth allowance is
29
not payable because of Subdivision D or E of Division 2 of Part 2.11 of
30
the Social Security Act 1991 as amended by this Act.
31
(3)
In this item:
32
administrative breach means any refusal, failure or non-compliance by
33
the person as a result of which an administrative breach rate reduction
34
period applied to the person, before the commencement of this item,
35
under:
36
Schedule 5 Youth allowance
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92 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) section 558 of the Social Security Act 1991; or
1
(b) subsection 63(4) or 64(4) of the Social Security
2
(Administration) Act 1999.
3
Austudy payment Schedule 6
Compliance Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 93
1
Schedule 6--Austudy payment
2
Part 1--Compliance
3
Social Security Act 1991
4
1 At the end of Subdivision A of Division 2 of Part 2.11A of
5
Chapter 2
6
Add:
7
572A Situations where austudy payment not payable for failure to
8
comply with certain requirements
9
Austudy payment is not payable to a person if the person refuses or
10
fails, without reasonable excuse, to comply with a requirement
11
made of the person under section 67, 68 or 192 of the
12
Administration Act.
13
2 Subdivision E of Division 2 of Part 2.11A of Chapter 2
14
Repeal the Subdivision, substitute:
15
Subdivision E--Situations where austudy payment not payable
16
because of austudy participation failure
17
576 Austudy participation failures
18
Meaning of austudy participation failure
19
(1) A person commits an austudy participation failure if the person:
20
(a) fails to comply with a requirement:
21
(i) that was notified to the person under subsection 63(2) or
22
64(2) of the Administration Act; and
23
(ii) that was reasonable; and
24
(iii) the notification of which included a statement to the
25
effect that a failure to comply with the requirement
26
could constitute an austudy participation failure; or
27
(b) fails to satisfy the activity test; or
28
(c) fails to comply with a requirement to undertake another
29
activity referred to in paragraph 576A(1)(b).
30
Schedule 6 Austudy payment
Part 1 Compliance
94 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Reasonable excuse
1
(2) Despite subsection (1), a failure of a kind referred to in that
2
subsection is not an austudy participation failure if the person
3
satisfies the Secretary that the person had a reasonable excuse for
4
the failure.
5
Subsequent failures in the same instalment period
6
(3) Despite subsection (1), if a failure of a kind referred to in that
7
subsection occurs in an instalment period of the person in which
8
the person has already committed an austudy participation failure,
9
the failure is not an austudy participation failure if:
10
(a) the instalment period is the person's first instalment period
11
for austudy payment; or
12
(b) the instalment period is not the person's first instalment
13
period for austudy payment, and:
14
(i) the person did not commit an austudy participation
15
failure in the immediately preceding instalment period
16
of the person; or
17
(ii) in respect of each austudy participation failure that the
18
person committed in the immediately preceding
19
instalment period of the person, the person acted in
20
accordance with a requirement of the Secretary that was
21
notified in respect of that failure.
22
576A Allowance not payable because of austudy participation
23
failure
24
General
25
(1) Austudy payment is not payable to a person, for the period starting
26
in accordance with section 576B and ending in accordance with
27
section 576C, if:
28
(a) the person commits an austudy participation failure; and
29
(b) the Secretary requires the person:
30
(i) to comply with the requirement, or undertake the
31
activity, to which the austudy participation failure
32
relates; or
33
Austudy payment Schedule 6
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Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 95
(ii) to comply with a particular requirement, or undertake a
1
particular activity, in place of the requirement or
2
activity to which the failure relates;
3
during the participation failure instalment period for the
4
failure, or at a particular time during that period; and
5
(c) the person fails to comply with the requirement.
6
Reasonable excuse etc.
7
(2) This section does not apply in relation to the failure if:
8
(a) the Secretary is satisfied that the person had a reasonable
9
excuse for the failure referred to paragraph (1)(c); or
10
(b) the Secretary is for any other reason satisfied that
11
subsection (1) should not apply to the failure.
12
Meaning of participation failure instalment period
13
(3)
The
participation failure instalment period for the austudy
14
participation failure is the next instalment period of the person to
15
start after the day on which the Secretary first became aware that
16
the person committed the failure.
17
Failures covered by section 577
18
(4) This section does not apply to an austudy participation failure if
19
section 577 applies to the failure.
20
576B When the period of non-payment starts
21
The period for which austudy payment is not payable to the person
22
because of section 576A is taken to have started at the start of the
23
participation failure instalment period for the austudy participation
24
failure.
25
576C When the period of non-payment ends
26
The period for which austudy payment is not payable to the person
27
because of section 576A ends when:
28
(a) in accordance with a requirement of the Secretary that the
29
person comply with the requirement, or undertake the
30
activity, to which the austudy participation failure related, the
31
Schedule 6 Austudy payment
Part 1 Compliance
96 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
person has complied with the requirement or undertaken the
1
activity; or
2
(b) in accordance with a requirement of the Secretary that the
3
person undertake another activity in place of the requirement
4
or activity to which the austudy participation failure related,
5
the person has undertaken the other activity; or
6
(c) in accordance with a requirement of the Secretary that the
7
person comply with another requirement in place of the
8
requirement or activity to which the austudy participation
9
failure related, the person has complied with the other
10
requirement.
11
Subdivision F--Situations where payment not payable because
12
of repeated failure
13
577 Payment not payable because of repeated failure
14
General
15
(1) Austudy payment is not payable to a person, for the period of 8
16
weeks starting in accordance with section 577A, if the person
17
commits an austudy participation failure (the repeated failure),
18
having committed austudy participation failures (the earlier
19
failures) on 2 or more other occasions during the period of 12
20
months preceding that failure.
21
Reasonable excuse etc.
22
(2) Disregard any earlier failure that is a failure to which subsection
23
576A(1) does not apply because of subsection 576A(2).
24
(3) Subsection (1) does not apply in relation to the repeated failure if
25
the Secretary is for any other reason satisfied that subsection (1)
26
should not apply to the failure.
27
577A When the period of non-payment starts
28
The period for which austudy payment is not payable to the person
29
is taken to start, or to have started:
30
(a) if the repeated failure occurs during a participation failure
31
instalment period for an earlier failure--at the start of the
32
Austudy payment Schedule 6
Compliance Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 97
participation failure instalment period for the earlier failure;
1
or
2
(b) otherwise--at the start of the next instalment period of the
3
person to start after the day on which the Secretary first
4
became aware that the person committed the failure.
5
Note: For
participation failure instalment period see subsection 576A(3).
6
3 Saving provision relating to activity test non-payment
7
periods
8
(1) If:
9
(a) as a result of an activity test breach committed by the person
10
before the commencement of this item, an activity test
11
non-payment period applied to the person under Subdivision
12
E of Division 2 of Part 2.11A of the Social Security Act
13
1991; and
14
(b) on that commencement, the activity test non-payment period
15
had not ended;
16
the activity test non-payment period continues to apply to the person
17
after that commencement as if that Subdivision had not been repealed
18
by this Act.
19
(2)
In this item:
20
activity test breach has the same meaning as it had in section 576A of
21
the Social Security Act 1991 before the commencement of this item.
22
4 Transitional provision relating to repeated breaches
23
(1)
The reference in subsection 577(1) of the Social Security Act 1991 as
24
amended by this Act to austudy participation failures committed by a
25
person during the period of 12 months preceding an austudy
26
participation failure includes a reference to any activity test failures
27
committed by the person:
28
(a) during that period of 12 months; and
29
(b) before the commencement of this item.
30
(2)
In this item:
31
activity test failure means any activity test breach (within the meaning
32
of section 576A of the Social Security Act 1991) that:
33
(a) was constituted by a failure of a kind referred to in paragraph
34
576A(1)(a) of that Act; and
35
Schedule 6 Austudy payment
Part 1 Compliance
98 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(b) was committed by the person as a result of which an activity
1
test penalty period applied to the person, before the
2
commencement of this item, under:
3
(i) Subdivision E of Division 2 of Part 2.11A of that Act;
4
or
5
(ii) Subdivision B of Division 5 of Part 2.11A of that Act.
6
5 Subdivision A of Division 5 of Part 2.11A of Chapter 2
7
(heading)
8
Repeal the heading.
9
6 Subdivisions B and C of Division 5 of Part 2.11A of
10
Chapter 2
11
Repeal the Subdivisions.
12
7 Saving provision relating to activity test breach rate
13
reduction periods
14
(1) If:
15
(a) as a result of an activity test breach committed by the person
16
before the commencement of this item, an activity test breach
17
rate reduction period applied to the person under Subdivision
18
B of Division 5 of Part 2.11A of the Social Security Act
19
1991; and
20
(b) on that commencement, the activity test breach rate reduction
21
period had not ended;
22
the activity test breach rate reduction period continues to apply to the
23
person after that commencement as if that Subdivision had not been
24
repealed by this Act.
25
(2)
The fact that an activity test breach rate reduction period is applying to
26
the person because of this item does not prevent the application to the
27
person, at the same time, of a period during which austudy payment is
28
not payable because of Subdivision E or F of Division 2 of Part 2.11A
29
of the Social Security Act 1991 as amended by this Act.
30
(3)
In this item:
31
activity test breach has the same meaning as it had in section 576A of
32
the Social Security Act 1991 before the commencement of this item.
33
Austudy payment Schedule 6
Compliance Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 99
8 Saving provision relating to administrative breach rate
1
reduction periods
2
(1) If:
3
(a) as a result of an administrative breach committed by the
4
person before the commencement of this item, an
5
administrative breach rate reduction period applied to the
6
person under section 583 of the Social Security Act 1991; and
7
(b) on that commencement, the administrative breach rate
8
reduction period had not ended;
9
the administrative breach rate reduction period continues to apply to the
10
person after that commencement as if that section had not been repealed
11
by this Act.
12
(2)
In this item:
13
administrative breach means any refusal or failure by the person as a
14
result of which an administrative breach rate reduction period applied to
15
the person, before the commencement of this item, under section 583 of
16
the Social Security Act 1991.
17
9 Saving provision relating to sections 583A to 583G
18
(1) If:
19
(a) as a result of an administrative breach committed by the
20
person before the commencement of this item, an
21
administrative breach rate reduction period applied to the
22
person under section 583 of the Social Security Act 1991; and
23
(b) on that commencement, the administrative breach rate
24
reduction period had not ended;
25
sections 583A to 583G of the Social Security Act 1991 continue to
26
apply to the administrative breach rate reduction period after that
27
commencement as if they had not been repealed by this Act.
28
(2)
The fact that an administrative breach rate reduction period is applying
29
to the person because of this item does not prevent the application to the
30
person, at the same time, of a period during which austudy payment is
31
not payable because of Subdivision E or F of Division 2 of Part 2.11A
32
of the Social Security Act 1991 as amended by this Act.
33
(3)
In this item:
34
Schedule 6 Austudy payment
Part 1 Compliance
100 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
administrative breach means any refusal, failure or non-compliance by
1
the person as a result of which an administrative breach rate reduction
2
period applied to the person, before the commencement of this item,
3
under section 583 of the Social Security Act 1991.
4
Austudy payment Schedule 6
Seasonal work preclusion period Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 101
1
Part 2--Seasonal work preclusion period
2
Social Security Act 1991
3
10 After section 575E
4
Insert:
5
575EA Seasonal workers--preclusion period
6
Application
7
(1) This section applies if:
8
(a) a person has lodged a claim for austudy payment; and
9
(b) at any time during the 6 months immediately before the day
10
on which the person lodged the claim, the person, or the
11
person's partner, has been engaged in seasonal work.
12
Note: For
seasonal work see subsection 16A(1).
13
Exclusion during seasonal work preclusion period
14
(2) Austudy payment is not payable to the person:
15
(a) if the person is subject to a seasonal work preclusion period
16
(whether in relation to the claim referred to in subsection (1)
17
or any other claim under this Act) and the Secretary has not
18
made a determination under subsection (3) in relation to the
19
person--for the person's seasonal work preclusion period; or
20
(b) if the Secretary has made a determination under
21
subsection (3) in relation to the person--for that part (if any)
22
of the person's seasonal work preclusion period to which the
23
person is subject as a result of the determination.
24
Note: For
seasonal work preclusion period see subsection 16A(1).
25
Exemption in cases of severe financial hardship
26
(3) If the Secretary is satisfied that a person is in severe financial
27
hardship because the person has incurred unavoidable or
28
reasonable expenditure while the person is subject to a seasonal
29
work preclusion period (whether in relation to the claim referred to
30
in subsection (1) or any other claim under this Act):
31
Schedule 6 Austudy payment
Part 2 Seasonal work preclusion period
102 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) the Secretary may determine that the person is not subject to
1
the whole, or any part, of the preclusion period; and
2
(b) the determination has effect accordingly.
3
Note 1:
For in severe financial hardship see subsection 19C(2) (person who
4
is not a member of a couple) or subsection 19C(3) (person who is a
5
member of a couple).
6
Note 2:
For unavoidable or reasonable expenditure see subsection 19C(4).
7
11 Point 1067L-D22
8
Repeal the point, substitute:
9
Operation of points 1067L-D20 and 1067L-D21
10
1067L-D22 Points 1067L-D20 and 1067L-D21 have effect even if the person
11
who has made the claim:
12
(a) is subject to a liquid assets test waiting period or an income
13
maintenance period in respect of the allowance claimed; or
14
(b) is subject to a seasonal work preclusion period;
15
during the period of 12 months referred to in those points.
16
12 Application provision
17
The amendments made by this Part apply in relation to claims for
18
austudy payment made on or after 20 September 2006.
19
Newstart allowance Schedule 7
RapidConnect Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 103
1
Schedule 7--Newstart allowance
2
Part 1--RapidConnect
3
Social Security Act 1991
4
1 Subsection 605(1)
5
Repeal the subsection, substitute:
6
(1) Subject to this section, the Secretary may require a person who is
7
not a party to a Newstart Activity Agreement to enter into such an
8
agreement if:
9
(a) the person is receiving, or has made a claim for, a newstart
10
allowance; or
11
(b) the Department is contacted by or on behalf of the person in
12
relation to a claim for a newstart allowance.
13
2 At the end of Subdivision D of Division 1 of Part 2.12 of
14
Chapter 2
15
Add:
16
615 Newstart allowance not payable if person fails to attend
17
interview etc. in certain circumstances
18
(1) A newstart allowance is not payable to a person if:
19
(a) before or after the person made a claim for a newstart
20
allowance, the Department is contacted by or on behalf of the
21
person in relation to a claim for a newstart allowance; and
22
(b) as a result of the contact, the Department required the person
23
to do one or both of the following:
24
(i) attend an interview with a specified person or
25
organisation at a time and place specified in the
26
requirement;
27
(ii) enter into a Newstart Activity Agreement; and
28
(c) the person fails to comply with that requirement, or those
29
requirements.
30
Schedule 7 Newstart allowance
Part 1 RapidConnect
104 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(2) This section does not apply to a person if the Secretary is satisfied,
1
in accordance with any guidelines under subsection (3), that it
2
should not apply to the person.
3
(3) The Secretary may, by legislative instrument, make guidelines to
4
be complied with in deciding under subsection (2) whether this
5
section applies to a person.
6
(4) This section ceases to apply:
7
(a) when the person complies with:
8
(i) that requirement, or those requirements; or
9
(ii) any requirements that the Secretary has required the
10
person to undertake in place of that requirement, or
11
those requirements; or
12
(b) at such earlier time as the Secretary determines, in
13
accordance with any guidelines under subsection (5).
14
(5) The Secretary may, by legislative instrument, make guidelines to
15
be complied with in making determinations under paragraph (4)(b).
16
(6) To avoid doubt, the fact that a person is taken, because of
17
section 13 of the Administration Act, to have made a claim for a
18
newstart allowance on the day on which the Department was
19
contacted by or on behalf of the person in relation to the claim does
20
not affect the operation of this section.
21
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 105
1
Part 2--Participation
2
Social Security Act 1991
3
3 Paragraph 593(1)(c)
4
Omit "subsection 604(1)", substitute "subsection 605(1)".
5
4 Paragraph 593(1)(d)
6
Omit "subsection 604(1)", substitute "subsection 605(1) or (2)".
7
5 Paragraph 593(1)(f)
8
Omit "is taking reasonable steps to comply with", substitute "is
9
complying with".
10
6 Paragraph 593(1)(f) (note)
11
Repeal the note.
12
7 Subsection 593(1) (note 3)
13
Omit "604 to 607", substitute "605 and 606".
14
8 After subsection 593(1C)
15
Insert:
16
(1D) Subject to sections 596, 596A and 598, a person is qualified for a
17
newstart allowance, in respect of the period starting in accordance
18
with subsection (1E) and ending in accordance with
19
subsection (1F), if:
20
(a) the person satisfies the Secretary that throughout the period
21
the person is unemployed; and
22
(b) throughout the period the person:
23
(i) has reached the age of 21 years and has not reached the
24
pension age; and
25
(ii) is an Australian resident or is exempt from the residence
26
requirement within the meaning of subsection 7(7); and
27
(c) the person was not in receipt of a youth allowance during the
28
period; and
29
Schedule 7 Newstart allowance
Part 2 Participation
106 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(d) the person has made, or is taken to have made, a claim for
1
newstart allowance; and
2
(e) the person satisfies the Secretary that it is likely that the
3
person has a permanent medical condition that would prevent
4
the person from undertaking full-time work; and
5
(f) the person satisfies the Secretary that it would be
6
unreasonable to expect the person to satisfy the activity test
7
until an assessment of the person's capacity to work has been
8
undertaken.
9
(1E) The period for which the person is qualified for a newstart
10
allowance under subsection (1D) starts:
11
(a) if the person is already receiving newstart allowance when
12
the Secretary becomes aware of the medical condition
13
referred to in paragraph (1D)(e)--when the Secretary
14
becomes aware of the medical condition; or
15
(b) otherwise--when the person made, or is taken to have made,
16
the claim for newstart allowance.
17
(1F) The period for which the person is qualified for a newstart
18
allowance under subsection (1D) ends:
19
(a) if the person has failed to comply with a requirement to enter
20
into a Newstart Activity Agreement--on the day on which
21
the person so failed; or
22
(b) in any other case--when the person enters into a Newstart
23
Activity Agreement.
24
9 Paragraph 593(2)(c)
25
Omit "subsection 604(1)", substitute "subsection 605(1)".
26
10 Paragraph 593(2)(d)
27
Omit "subsection 604(1)", substitute "subsection 605(1) or (2)".
28
11 Paragraph 593(2)(f)
29
Omit "is taking reasonable steps to comply with", substitute "is
30
complying with".
31
12 Paragraph 593(2)(f) (note)
32
Repeal the note.
33
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 107
13 Subsection 593(2) (note 2)
1
Omit "604 to 607", substitute "605 and 606".
2
14 Subsections 593(2A) and (2B)
3
Repeal the subsections.
4
15 Subsections 595(1) to (2)
5
Repeal the subsections, substitute:
6
(1) The Secretary may treat a person as being unemployed throughout
7
a period if:
8
(a) during the period, the person undertakes:
9
(i) paid work that, in the Secretary's opinion, is suitable for
10
the person to undertake; or
11
(ii)
any
other
activity;
12
as a result of which he or she would, but for this subsection,
13
not be taken to be unemployed; and
14
(b) the Secretary is of the opinion that, taking into account:
15
(i) the nature of the work or other activity; and
16
(ii) the duration of the work or other activity; and
17
(iii) any remuneration received for the work or other
18
activity; and
19
(iv) any other matters relating to the work or other activity,
20
or to the person's circumstances, that the Secretary
21
considers relevant;
22
the activity should be disregarded.
23
Note:
The person may, under subsection 603(3), also be treated as satisfying
24
the activity test.
25
(1A) However, the work or other activity must not be or include any
26
work or other activity of a kind that the Secretary determines under
27
subsection (1B).
28
(1B) The Secretary may determine, by legislative instrument, kinds of
29
work or other activity that are not to be taken into account for the
30
purposes of subsection (1).
31
(2) A person complying with a Newstart Activity Agreement, or with a
32
requirement under subsection 601(1A), may be treated by the
33
Secretary as being unemployed.
34
Schedule 7 Newstart allowance
Part 2 Participation
108 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
16 Paragraph 595(3)(a)
1
Omit "subsection 601(2)", substitute "subsection 601(1A)".
2
17 Paragraph 598(8)(b)
3
Omit "the CSP or".
4
18 Subsection 600(1)
5
After "for a period", insert "determined by the Secretary".
6
19 Paragraph 600(1)(d)
7
Repeal the paragraph, substitute:
8
(d) the Secretary is satisfied that the person should be qualified
9
under this section for a newstart allowance for the period.
10
20 Subsections 600(3) to (7)
11
Repeal the subsections.
12
21 Subsection 601(1)
13
Omit "(3)", substitute "(5)".
14
22 Subsection 601(1) (note 1)
15
Repeal the note, substitute:
16
Note 1:
For situations in which a person is taken to satisfy, or is not required
17
to satisfy, the activity test see:
18
(a)
section 603 (persons attending training camps or in remote
19
areas);
20
(b)
section 603A (special circumstances);
21
(c)
section 603AA (persons 55 and over who are engaged in work);
22
(d)
section 603AB (certain principal carers and people with partial
23
capacity to work).
24
23 Subsections 601(1A) to (2)
25
Repeal the subsections, substitute:
26
(1A) A person also satisfies the activity test in respect of a period if:
27
(a) the Secretary is of the opinion that, throughout the period, the
28
person should undertake particular paid work, other than paid
29
work that is unsuitable to be done by the person; and
30
Note:
See subsection (2A) on what paid work is unsuitable.
31
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 109
(b) the Secretary notifies the person that the person is required to
1
act in accordance with that opinion; and
2
(c) the person complies, throughout the period, with the
3
Secretary's requirement.
4
(1B) To avoid doubt, the work that the person is required to undertake
5
under subsection (1A) may involve a number of hours per week
6
that differs from the number of hours of work per week that the
7
person is required to seek to comply with a Newstart Activity
8
Agreement between the Secretary and the person.
9
(2) A person cannot be taken to satisfy the activity test throughout a
10
period if the person fails to comply with a requirement under
11
subsection (1A):
12
(a) whether or not the person complies with subsection (1), (4)
13
or (6A); and
14
(b) whether or not another provision of this Act under which the
15
activity test is satisfied, or taken to be satisfied, applies (or
16
would apart from this section apply) to the person.
17
24 Saving certain notices under subsection 601(2)
18
If:
19
(a) before the commencement of this item, the Secretary had
20
notified a person under paragraph 601(2)(b) of the Social
21
Security Act 1991 that the person was required to act in
22
accordance with an opinion of the Secretary of the kind
23
referred to in subparagraph 601(2)(a)(i) of that Act; and
24
(b) at the time of that commencement, the period to which the
25
requirement relates had not come to an end;
26
the notice continues in force after that commencement as if it were a
27
notice under paragraph 601(1A)(b) of that Act as amended by this Act.
28
25 Subsection 601(2A)
29
Omit "subparagraph (2)(a)(i)", substitute "paragraph (1A)(a)".
30
26 After paragraph 601(2A)(b)
31
Insert:
32
(ba) the person is the principal carer for one or more children, and
33
does not have access to appropriate care and supervision for
34
Schedule 7 Newstart allowance
Part 2 Participation
110 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
the children at the times when the person would be required
1
to undertake the work; or
2
Note: For
principal carer see subsections 5(15) to (24).
3
27 Paragraph 601(2A)(d)
4
Repeal the paragraph.
5
28 Paragraphs 601(2A)(e) and (f)
6
Repeal the paragraphs, substitute:
7
(e) the work would be covered by the Australian Fair Pay and
8
Conditions Standard, but the terms and conditions for the
9
work would be below the minimum terms and conditions for
10
the work under the Australian Fair Pay and Conditions
11
Standard; or
12
(f) the work would not be covered by the Australian Fair Pay
13
and Conditions Standard, but, if it were so covered, the terms
14
and conditions for the work would be below the minimum
15
terms and conditions for the work under the Australian Fair
16
Pay and Conditions Standard; or
17
29 After subsection 601(2A)
18
Insert:
19
(2AAA) A person has, for the purposes of paragraph (2A)(ba), access to
20
appropriate care and supervision for a child at a particular time if,
21
at that time:
22
(a) the child could be provided with care by an approved child
23
care service (within the meaning of the Family Assistance
24
Administration Act), and provision of that care would, in the
25
Secretary's opinion, be appropriate in the circumstances; or
26
(b) the child could be provided with other care that the person
27
considers to be suitable; or
28
(c) the child could be attending school, and attendance at that
29
school would, in the Secretary's opinion, be appropriate in
30
the circumstances.
31
(2AAB) For the purposes of paragraph (2A)(ba), a time when the person
32
would be required to undertake the work includes reasonable
33
amounts of time that would be needed for the person to travel from
34
the person's home to the place of work and from the place of work
35
to the person's home.
36
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 111
30 Paragraph 601(2AA)(c)
1
Omit "or over the age of 50".
2
31 Subsections 601(2B) and (2C)
3
Repeal the subsections.
4
32 Subsections 601(2E), (2F) and (3)
5
Repeal the subsections.
6
33 Subsection 601(4)
7
Omit "is taking reasonable steps to comply with", substitute "is
8
complying with".
9
34 Subsection 601(4) (note)
10
Repeal the note.
11
35 Subsection 601(5)
12
Omit "take reasonable steps to".
13
36 Subsection 601(5) (note 1)
14
Repeal the note, substitute:
15
Note 1:
For situations in which a person is not required to satisfy the activity
16
test see section 603 (persons attending training camps or in remote
17
areas).
18
37 Subsection 601(6)
19
Repeal the subsection.
20
38 Subsection 601(6A)
21
Omit "CSP", substitute "PSP".
22
39 Subsection 601(7)
23
Repeal the subsection.
24
40 Sections 601A and 602
25
Repeal the sections.
26
41 After section 602A
27
Insert:
28
Schedule 7 Newstart allowance
Part 2 Participation
112 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
602B Relief from activity test--domestic violence etc.
1
(1) A person is not required to satisfy the activity test in respect of a
2
period that the Secretary determines under this section in relation
3
to the person.
4
(2) The Secretary may make a determination under this section in
5
relation to the person if the Secretary is satisfied that:
6
(a)
the
person:
7
(i) is the principal carer of one or more children; and
8
(ii) has ceased to be a member of a couple in the period of
9
26 weeks before the determination; and
10
(iii) was subjected to domestic violence in that period of 26
11
weeks (whether or not the domestic violence was
12
connected with ceasing to be a member of that or any
13
other couple); and
14
(iv) has not again become a member of a couple; or
15
(b) the person is the principal carer of one or more children, and
16
there are special circumstances relating to the person's family
17
that make it appropriate to make the determination.
18
Note: For
principal carer see subsections 5(15) to (24).
19
(3) The period that the Secretary determines under this section must be
20
the lesser of:
21
(a) the period that the Secretary considers to be appropriate; or
22
(b)
16
weeks.
23
(4) Any such period may be followed by one or more other periods
24
(not exceeding 16 weeks) determined under this section in relation
25
to the person.
26
(5) The period that the Secretary determines under this section must,
27
despite subsection (3), be 16 weeks if the determination:
28
(a) is made on grounds referred to in paragraph (2)(a) (or on
29
grounds that include those grounds); and
30
(b) is the first determination made on those grounds (or on
31
grounds that include those grounds) in connection with the
32
particular cessation referred to in subparagraph (2)(a)(ii).
33
(6) The Secretary may revoke a determination under this section in
34
relation to a person if the Secretary is satisfied that the grounds on
35
which the determination was made no longer exist.
36
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 113
(7) Subsection (6) does not affect any operation that subsection 33(3)
1
of the Acts Interpretation Act 1901 has in relation to a
2
determination under this section.
3
602C Relief from activity test--people with disabled children and
4
other circumstances
5
(1) A person is not required to satisfy the activity test in respect of a
6
period that the Secretary determines under this section in relation
7
to the person.
8
(2) The Secretary may make a determination under this section in
9
relation to the person if the Secretary is satisfied that the person is
10
the principal carer of one or more children:
11
(a) who suffer from a physical, intellectual or psychiatric
12
disability or illness; and
13
(b) whose care needs are such that the person should, for the
14
period specified in the determination, not be required to
15
satisfy the activity test.
16
Note: For
principal carer see subsections 5(15) to (24).
17
(3) The Secretary must make a determination under this section in
18
relation to the person if the Secretary is satisfied that the person is
19
the principal carer of one or more children, and that:
20
(a) the person is a registered and active foster carer; or
21
(b) the person is a home educator of that child, or one or more of
22
those children; or
23
(c) the person is a distance educator of that child, or one or more
24
of those children.
25
Note 1:
For principal carer see subsections 5(15) to (24).
26
Note 2:
For registered and active foster carer see section 5B.
27
Note 3:
For home educator see section 5C.
28
Note 4:
For distance educator see section 5D.
29
(4) The Secretary may make a determination under this section in
30
relation to the person if the Secretary is satisfied that:
31
(a) the person is a person included in a class of persons specified
32
under subsection (5); and
33
(b) the person's circumstances are such that the person should
34
not be required to satisfy the activity test for the period.
35
Schedule 7 Newstart allowance
Part 2 Participation
114 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(5) The Secretary may, by legislative instrument, specify classes of
1
persons in respect of whom determinations under this section may
2
be made.
3
(6) The period that the Secretary determines under this section must be
4
the lesser of:
5
(a) the period that the Secretary considers to be appropriate; or
6
(b)
12
months.
7
(7) Any such period may be followed by one or more other periods
8
(not exceeding 12 months) determined under this section in
9
relation to the person.
10
(8) The Secretary may revoke a determination under this section in
11
relation to a person if the Secretary is satisfied that the grounds on
12
which the determination was made no longer exist.
13
(9) Subsection (8) does not affect any operation that subsection 33(3)
14
of the Acts Interpretation Act 1901 has in relation to a
15
determination under this section.
16
42 Subsection 603(1A)
17
Repeal the subsection.
18
43 Continued application of subsection 603(1A)
19
Despite the repeal of subsection 603(1A) of the Social Security Act
20
1991 by this Act, that subsection:
21
(a) continues to apply after the commencement of this item to a
22
person to whom it applied immediately before that
23
commencement; and
24
(b) ceases to apply:
25
(i) if the person has been required to enter into a Newstart
26
Activity Agreement but has failed, or is taken to have
27
failed, to enter that agreement--when the person so
28
failed or is taken to have so failed; or
29
(ii) in any other case--when the person has entered into
30
such an agreement.
31
44 Paragraph 603(2)(a)
32
Repeal the paragraph, substitute:
33
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 115
(a) it would be reasonable to assume that, at the end of a period,
1
a person is present in an area where:
2
(i) there is no locally accessible labour market; and
3
(ii) there is no locally accessible vocational training course
4
or labour market program; and
5
(aa) it would be reasonable to assume that, throughout the period,
6
the person is unemployed and is capable of undertaking, and
7
is willing to undertake, paid work that, in the Secretary's
8
opinion, is suitable for the person to undertake; and
9
45 Subsection 603(2)
10
Omit "subsection 601(2)", substitute "subsection 601(1A)".
11
46 At the end of section 603
12
Add:
13
(3)
If:
14
(a) a person is treated as being unemployed because of
15
subsection 595(1); and
16
(b) the Secretary is satisfied that it is appropriate for this
17
subsection to apply;
18
the person is taken to satisfy the activity test during the period
19
starting when the person made a claim, or is to be taken to have
20
made a claim, for newstart allowance and ending:
21
(c) if the person has been required to enter into a Newstart
22
Activity Agreement but has failed to enter that agreement--
23
when the person so failed; or
24
(d) in any other case--when the person has entered into such an
25
agreement.
26
(4) Subsection (3) does not apply if, at the time of becoming a person
27
who is treated as being unemployed because of subsection 595(1),
28
the person had already been required to enter into a Newstart
29
Activity Agreement.
30
47 Subsection 603AA(1)
31
Omit "50 years", substitute "55 years".
32
Note:
The heading to section 603AA is altered by omitting "engaged in voluntary work" and
33
substituting "55 and over who are engaged in work".
34
Schedule 7 Newstart allowance
Part 2 Participation
116 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
48 Paragraph 603AA(1)(a)
1
Omit "full-time".
2
49 Paragraph 603AA(1)(a)
3
Omit "32 hours", substitute "30 hours".
4
50 Paragraph 603AA(1)(b)
5
Omit "40 hours", substitute "30 hours".
6
51 At the end of subsection 603AA(1)
7
Add:
8
; or (c) is engaged for at least 30 hours in the period in paid work
9
that the Secretary regards as suitable.
10
52 Subsection 603AA(2)
11
Repeal the subsection.
12
53 Subsection 603AA(3)
13
Omit "Neither subsections (1) nor (2)", substitute "This section does
14
not".
15
54 Subsection 603AA(3)
16
Omit "the subsection", substitute "this section".
17
55 Subsection 603AA(4)
18
Omit "subsections (1) and (2)", substitute "this section".
19
56 After section 603AA
20
Insert:
21
603AB Relief from activity test--certain principal carers and people
22
with partial capacity to work
23
A person who:
24
(a) is the principal carer of at least one child; or
25
(b) has a partial capacity to work;
26
is taken to satisfy the activity test in respect of a period if, during
27
the period, the person is engaged for at least 30 hours per fortnight
28
in paid work that the Secretary regards as suitable.
29
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 117
Note 1:
For principal carer see subsections 5(15) to (24).
1
Note 2:
For partial capacity to work see section 16B.
2
57 After section 603C
3
Insert:
4
603D Time limit for exemption--Secretary satisfied person can
5
undertake activity
6
(1) A person ceases to be exempt, under this Subdivision, from the
7
activity test if the Secretary is satisfied that, although the person
8
meets the requirements of section 603C, the person should
9
undertake one or more activities that the Secretary regards as
10
suitable for the person.
11
(2) The cessation occurs:
12
(a) if the person has failed to comply with a requirement to enter
13
into a Newstart Activity Agreement--when the person so
14
failed; or
15
(b) in any other case--when the person has entered into such an
16
agreement.
17
(3) This section does not prevent a person ceasing to be exempt under
18
section 603F.
19
58 At the end of section 603F
20
Add:
21
(7) This section does not prevent a person ceasing to be exempt under
22
section 603D.
23
Note:
The heading to section 603F is altered by omitting "from requirement to satisfy
24
activity test" and substituting "--end of person's maximum exemption period".
25
59 Section 604
26
Repeal the section.
27
60 Subsection 605(2A)
28
Repeal the subsection, substitute:
29
Schedule 7 Newstart allowance
Part 2 Participation
118 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(2A) If, under Subdivision BA, a person is not required to satisfy the
1
activity test, subsections (1) and (2) apply to the person only if
2
subsection 603D(1) applies to the person.
3
61 After subsection 605(2B)
4
Insert:
5
(2C) Subsections (1) and (2) do not apply to a person at a time during
6
which, under section 602B or 602C, the person is not required to
7
satisfy the activity test.
8
62 At the end of section 605
9
Add:
10
(4) A Newstart Activity Agreement is a written agreement in a form
11
approved by the Secretary. The agreement is between the person
12
and the Secretary.
13
(5) For the purposes of this Part, if:
14
(a) a person starts to receive newstart allowance on a particular
15
day; and
16
(b) immediately before that day, the person was a party to a
17
Parenting Payment Activity Agreement; and
18
(c) the period covered by the agreement ends after that day;
19
the agreement has effect on and after that day as if it were a
20
Newstart Activity Agreement.
21
(6) For the purposes of this Part, if:
22
(a) a person starts to receive newstart allowance on a particular
23
day; and
24
(b) immediately before that day, the person was a party to a
25
Youth Allowance Activity Agreement; and
26
(c) the period covered by the agreement ends after that day;
27
the agreement has effect on and after that day as if it were a
28
Newstart Activity Agreement.
29
(7) For the purposes of this Part, if:
30
(a) a person starts to receive newstart allowance on a particular
31
day; and
32
(b) immediately before that day the person was a party to a
33
Special Benefit Activity Agreement; and
34
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 119
(c) the period covered by the agreement ends after that day;
1
the agreement has effect on and after that day as if it were a
2
Newstart Activity Agreement.
3
63 Subsections 606(1) to (1AC)
4
Repeal the subsections, substitute:
5
(1) Subject to sections 607 to 607B, a Newstart Activity Agreement
6
with a person is to require the person to undertake one or more
7
activities that the Secretary regards as suitable for the person.
8
(1A) However, an agreement must not contain a requirement of a kind
9
that the Secretary determines under subsection (1B).
10
(1B) The Secretary may determine, by legislative instrument, the kinds
11
of requirements that agreements must not contain.
12
64 Application of subsection 606(1A)
13
Subsection 606(1A) of the Social Security Act 1991 as amended by this
14
Act does not apply to any Newstart Activity Agreement entered into
15
before the commencement of this item.
16
65 Paragraph 606(4)(a)
17
Repeal the paragraph, substitute:
18
(a) the person's education, experience, skills and age; and
19
(aa) the impact of any disability, illness, mental condition or
20
physical condition of the person on the person's ability to
21
work, to look for work or to participate in training activities;
22
and
23
66 Paragraph 606(4)(e)
24
Omit ", by reference to what constitutes unreasonably difficult
25
commuting for the purposes of paragraph 601(2A)(g)".
26
67 Subsections 606(5A) to (5C)
27
Repeal the subsections.
28
68 Sections 607 to 607B
29
Repeal the sections, substitute:
30
Schedule 7 Newstart allowance
Part 2 Participation
120 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
607 Newstart Activity Agreements--principal carers
1
(1) A Newstart Activity Agreement that:
2
(a) is between the Secretary and a person who is the principal
3
carer of at least one child; and
4
(b) requires the person to undertake, as an activity, looking for
5
part-time paid work that the Secretary regards as suitable;
6
must require the person to undertake looking for such part-time
7
paid work of at least the appropriate number of hours per week.
8
Note: For
principal carer see subsections 5(15) to (24).
9
(2) The appropriate number of hours per week is:
10
(a)
15;
or
11
(b) such other number as the Secretary determines to be
12
appropriate having regard to the person's circumstances.
13
607A Newstart Activity Agreements--people with partial capacity
14
to work
15
(1) A Newstart Activity Agreement that:
16
(a) is between the Secretary and a person who has a partial
17
capacity to work; and
18
(b) requires the person to undertake, as an activity, looking for
19
part-time paid work that the Secretary regards as suitable;
20
must require the person to undertake looking for such part-time
21
paid work of at least the appropriate number of hours per week.
22
Note: For
partial capacity to work see section 16B.
23
(2) The appropriate number of hours per week is:
24
(a)
15;
or
25
(b) such other number as the Secretary determines to be
26
appropriate having regard to the person's circumstances.
27
607B Newstart Activity Agreements--requirement to participate in
28
an approved program of work
29
(1) A Newstart Activity Agreement between the Secretary and a
30
person must not require the person to participate in an approved
31
program of work for income support payment if:
32
Newstart allowance Schedule 7
Participation Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 121
(a) because of the application of Module G of Payment Rate
1
Calculator B in section 1068, the person is receiving a
2
newstart allowance at a rate that has been reduced; or
3
(b) in the Secretary's opinion:
4
(i) it has been established that there is medical evidence
5
that the person has an illness, disability or injury that
6
would be aggravated by the conditions in which the
7
work would be performed; or
8
(ii) performing the work in the conditions in which the
9
work would be performed would constitute a risk to
10
health or safety or would contravene a law of the
11
Commonwealth, a State or a Territory relating to
12
occupational health and safety; or
13
(c) the person is at least 50 years of age and is not a person to
14
whom subsection 28(4) applies.
15
(2) The Secretary may, by notice given to a person whom a Newstart
16
Activity Agreement requires to participate in an approved program
17
of work for income support payment, revoke the requirement to
18
participate in the program if the Secretary:
19
(a) is satisfied that, because of the application of Module G of
20
Payment Rate Calculator B in section 1068, the person is
21
receiving a newstart allowance at a rate that has been
22
reduced; or
23
(b) forms the opinion that:
24
(i) it has been established that there is medical evidence
25
that the person has an illness, disability or injury that
26
would be aggravated by the conditions in which the
27
work would be performed; or
28
(ii) performing the work in the conditions in which the
29
work would be performed would constitute a risk to
30
health or safety or would contravene a law of the
31
Commonwealth, a State or a Territory relating to
32
occupational health and safety; or
33
(c) is satisfied that the person is at least 50 years of age and is
34
not a person to whom subsection 28(4) applies.
35
(3) Upon the Secretary so notifying the person, the requirement is
36
taken to have been revoked with effect from the day specified in
37
the notice.
38
Schedule 7 Newstart allowance
Part 2 Participation
122 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
607C Newstart Activity Agreements--suspension of agreements in
1
cases of domestic violence etc.
2
A Newstart Activity Agreement between the Secretary and a
3
person is taken to be suspended during any period during which the
4
person is not required to satisfy the activity test because of
5
section 602B or 602C.
6
69 Paragraph 613(2)(a)
7
Repeal the paragraph.
8
70 Subsection 613(2) (notes)
9
Repeal the notes, substitute:
10
Note 1:
For Newstart Activity Agreement see sections 605 and 606.
11
Note 2:
The operation of this section is modified for participants in the case
12
management system by section 45 of the Employment Services Act
13
1994.
14
71 Paragraph 620(2)(b)
15
Omit "the CSP or".
16
72 Section 631C
17
Omit "with a requirement of the Secretary under section 601 or".
18
Newstart allowance Schedule 7
Compliance Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 123
1
Part 3--Compliance
2
Social Security Act 1991
3
73 Subdivision F of Division 1 of Part 2.12 of Chapter 2
4
Repeal the Subdivision, substitute:
5
Subdivision F--Situations where allowance not payable
6
because of newstart participation failure
7
624 Newstart participation failures
8
(1) A person commits a newstart participation failure if the person:
9
(a) fails to comply with a requirement:
10
(i) that was notified to the person under subsection 63(2) or
11
64(2) of the Administration Act; and
12
(ii) that was reasonable; and
13
(iii) the notification of which included a statement to the
14
effect that a failure to comply with the requirement
15
could constitute a newstart participation failure; or
16
(b) fails to satisfy the activity test; or
17
(c) fails to comply with a requirement to enter into a Newstart
18
Activity Agreement; or
19
(d) fails to comply with a term of a Newstart Activity Agreement
20
between the Secretary and the person; or
21
(e) fails to attend a job interview; or
22
(f)
fails:
23
(i) to commence, complete or participate in an approved
24
program of work for income support payment that the
25
person is required to undertake; or
26
(ii) to comply with the conditions of such a program; or
27
(g) fails to continue his or her involvement in a labour market
28
program because he or she:
29
(i) voluntarily ceases to take part in the program; or
30
(ii) is dismissed from the program for misconduct; or
31
(h) is issued with a notice under subsection 625(1) and fails to
32
comply with it within the period specified in the notice; or
33
Schedule 7 Newstart allowance
Part 3 Compliance
124 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(i) fails to comply with subsection 625(2); or
1
(j) fails to comply with a requirement included in a Newstart
2
Activity Agreement between the Secretary and the person to:
3
(i) undertake a certain number of job searches per
4
fortnight; and
5
(ii) keep a record of the person's job searches in a document
6
referred to in the agreement as a job seeker diary; and
7
(iii) return the job seeker diary to the Department at the end
8
of the period specified in the agreement; or
9
(k) fails to comply with a requirement to undertake another
10
activity referred to in paragraph 626(1)(b).
11
(2) Despite subsection (1), a failure of a kind referred to in that
12
subsection is not a newstart participation failure if the person
13
satisfies the Secretary that the person had a reasonable excuse for
14
the failure.
15
(3) Despite subsection (1), if a failure of a kind referred to in that
16
subsection occurs in an instalment period of the person in which
17
the person has already committed a newstart participation failure,
18
the failure is not a newstart participation failure if:
19
(a) the instalment period is the person's first instalment period
20
for newstart allowance; or
21
(b) the instalment period is not the person's first instalment
22
period for newstart allowance, and:
23
(i) the person did not commit a newstart participation
24
failure in the immediately preceding instalment period
25
of the person; or
26
(ii) in respect of each newstart participation failure that the
27
person committed in the immediately preceding
28
instalment period of the person, the person acted in
29
accordance with a requirement of the Secretary notified
30
in respect of that failure.
31
(4) Despite subsection (1), a failure of a kind referred to in that
32
subsection is not a newstart participation failure if it results in
33
newstart allowance not being payable to the person under
34
section 615.
35
(5) Paragraph (1)(f) does not apply to a failure if:
36
(a) the person is under 60; and
37
Newstart allowance Schedule 7
Compliance Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 125
(b) a determination under paragraph 28(4)(b) is in force in
1
relation to the person.
2
(6) Paragraph (1)(j) does not limit the scope of paragraph (1)(d).
3
625 Requiring a person to apply for job vacancies
4
(1) The Secretary may notify a person (other than a person who is not
5
required to satisfy the activity test) who is receiving a newstart
6
allowance that the person must apply for a particular number of
7
advertised job vacancies in the period specified in the notice.
8
(2) The person must give the Secretary a written statement from each
9
employer whose job vacancy the person applied for during that
10
period that confirms that the person applied for that job vacancy.
11
(3) The statement from the employer must be in a form approved by
12
the Secretary.
13
(4) Subsection (2) does not apply to a person if the Secretary is
14
satisfied that there are special circumstances in which it is not
15
reasonable to expect the person to give the statement referred to in
16
that subsection.
17
626 Allowance not payable because of newstart participation failure
18
(1) A newstart allowance is not payable to a person, for the period
19
starting in accordance with section 627 and ending in accordance
20
with section 628, if:
21
(a) the person commits a newstart participation failure; and
22
(b) the Secretary requires the person:
23
(i) to comply with the requirement, or undertake the
24
activity, to which the newstart participation failure
25
relates; or
26
(ii) to comply with a particular requirement, or undertake a
27
particular activity, in place of the requirement or
28
activity to which the failure relates;
29
during the participation failure instalment period for the
30
failure, or at a particular time during that period; and
31
(c) the person fails to comply with the requirement.
32
Schedule 7 Newstart allowance
Part 3 Compliance
126 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
However, paragraphs (b) and (c) do not apply in relation to a
1
newstart participation failure of a kind referred to in paragraph
2
624(1)(h), (i) or (j).
3
(2) This section does not apply in relation to the failure if:
4
(a) the Secretary is satisfied that the person had a reasonable
5
excuse for the failure referred to paragraph (1)(c); or
6
(b) the Secretary is for any other reason satisfied that
7
subsection (1) should not apply to the failure.
8
(3)
The
participation failure instalment period for the newstart
9
participation failure is:
10
(a) if the failure is a failure of a kind referred to in paragraph
11
624(1)(h) or (i)--the next instalment period of the person to
12
start after the end of the period specified in the notice under
13
subsection 625(1) to which the failure relates; or
14
(b) if the failure is a failure of a kind referred to in paragraph
15
624(1)(j)--the next instalment period of the person to start
16
after the end of the period referred to in subparagraph
17
624(1)(j)(iii); or
18
(c) otherwise--the next instalment period of the person to start
19
after the day on which the Secretary first became aware that
20
the person committed the failure.
21
(4) This section does not apply to a newstart participation failure if
22
section 629 applies to the failure.
23
627 When the period of non-payment starts
24
The period for which newstart allowance is not payable to the
25
person because of section 626 is taken to have started at the start of
26
the participation failure instalment period for the newstart
27
participation failure.
28
628 When the period of non-payment ends
29
The period for which newstart allowance is not payable to the
30
person because of section 626 ends when:
31
(a) in accordance with a requirement of the Secretary that the
32
person comply with the requirement, or undertake the
33
activity, to which the newstart participation failure related,
34
Newstart allowance Schedule 7
Compliance Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 127
the person has complied with the requirement or undertaken
1
the activity; or
2
(b) in accordance with a requirement of the Secretary that the
3
person undertake another activity in place of the requirement
4
or activity to which the newstart participation failure related,
5
the person has undertaken the other activity; or
6
(c) in accordance with a requirement of the Secretary that the
7
person comply with another requirement in place of the
8
requirement or activity to which the newstart participation
9
failure related, the person has complied with the other
10
requirement.
11
Subdivision FA--Situations where allowance not payable
12
because of repeated or more serious failure
13
629 Allowance not payable because of repeated or more serious
14
failure
15
(1) A newstart allowance is not payable to a person, for the period of 8
16
weeks starting in accordance with section 630, if the person:
17
(a) commits a newstart participation failure (the repeated
18
failure), having committed newstart participation failures
19
(the earlier failures) on 2 or more other occasions during the
20
period of 12 months preceding that failure; or
21
(b) is unemployed due, either directly or indirectly, to a
22
voluntary act of the person; or
23
(c) is unemployed due to the person's misconduct as a worker;
24
or
25
(d) has refused or failed, without reasonable excuse, to accept a
26
suitable offer of employment; or
27
(e)
fails:
28
(i) to commence, complete or participate in an approved
29
program of work for income support payment that the
30
person is required to undertake; or
31
(ii) to comply with the conditions of such a program.
32
(2) For the purposes of paragraph (1)(a), disregard any earlier failure
33
that is a failure to which subsection 626(1) does not apply because
34
of subsection 626(2).
35
Schedule 7 Newstart allowance
Part 3 Compliance
128 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(3) Subsection (1) does not apply in relation to the repeated failure if
1
the Secretary is for any other reason satisfied that subsection (1)
2
should not apply to the failure.
3
(4) Paragraph (1)(b) does not apply if the Secretary is satisfied that the
4
person's voluntary act was reasonable.
5
(5) Paragraph (1)(e) applies only if:
6
(a) the person is under 60; and
7
(b) a determination under paragraph 28(4)(b) is in force in
8
relation to the person.
9
630 When the period of non-payment starts
10
(1) The period for which newstart allowance is not payable to the
11
person because of paragraph 629(1)(a) is taken to start, or to have
12
started:
13
(a) if the repeated failure is a failure of a kind referred to in
14
paragraph 624(1)(h), (i) or (j)--at the start of the
15
participation failure instalment period for the repeated
16
failure; or
17
(b) if paragraph (a) of this subsection does not apply and the
18
repeated failure occurs during a participation failure
19
instalment period for an earlier failure--at the start of the
20
participation failure instalment period for the earlier failure;
21
or
22
(c) otherwise--at the start of the next instalment period of the
23
person to start after the day on which the Secretary first
24
became aware that the person committed the failure.
25
Note: For
participation failure instalment period see subsection 626(3).
26
(2) The period for which newstart allowance is not payable to the
27
person because of section 629 (other than because of paragraph
28
629(1)(a)) starts on the day the Secretary determines that
29
section 629 applies to the person.
30
(3)
However,
if:
31
(a) section 629 would not apply to the person but for the
32
application of paragraph 629(1)(b) or (c), or both; and
33
(b) at the time of the voluntary act or misconduct in question, the
34
person was not receiving newstart allowance;
35
Newstart allowance Schedule 7
Compliance Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 129
the period for which newstart allowance is not payable to the
1
person starts at the time the person became unemployed as a result
2
of the voluntary act or misconduct.
3
74 Saving provision relating to activity test breaches
4
(1) If:
5
(a) as a result of an activity test breach committed by the person
6
before the commencement of this item, an activity test
7
penalty period applied to the person under Subdivision F of
8
Division 1 of Part 2.12 of the Social Security Act 1991; and
9
(b) on that commencement, the activity test penalty period had
10
not ended;
11
the activity test penalty period continues to apply to the person after that
12
commencement as if that Subdivision had not been repealed by this Act.
13
(2)
In this item:
14
activity test breach means any failure, voluntary act or misconduct
15
committed by the person as a result of which an activity test penalty
16
period applied to the person, before the commencement of this item,
17
under Subdivision F of Division 1 of Part 2.12 of the Social Security
18
Act 1991.
19
75 Transitional provision relating to repeated breaches
20
(1)
The reference in paragraph 629(1)(a) of the Social Security Act 1991, as
21
amended by this Act, to newstart participation failures committed by a
22
person during the period of 12 months preceding a newstart
23
participation failure includes a reference to any activity test failures
24
committed by the person:
25
(a) during that period of 12 months; and
26
(b) before the commencement of this item.
27
(2)
In this item:
28
activity test failure means any failure committed by the person as a
29
result of which an activity test penalty period applied to the person,
30
before the commencement of this item, under section 624, 625 or 626 of
31
the Social Security Act 1991.
32
76 Section 631
33
Repeal the section, substitute:
34
Schedule 7 Newstart allowance
Part 3 Compliance
130 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
631 Situations where allowance not payable for failure to comply
1
with certain requirements
2
A newstart allowance is not payable to a person if the person
3
refuses or fails, without reasonable excuse, to comply with a
4
requirement made of the person under section 67, 68 or 192 of the
5
Administration Act.
6
77 Saving provision relating to administrative breaches
7
(1) If:
8
(a) as a result of an administrative breach committed by the
9
person before the commencement of this item, an
10
administrative breach rate reduction period applied to the
11
person under section 631 of the Social Security Act 1991; and
12
(b) on that commencement, the administrative breach rate
13
reduction period had not ended;
14
the administrative breach rate reduction period continues to apply to the
15
person after that commencement as if that section had not been repealed
16
by this Act.
17
(2)
In this item:
18
administrative breach means any refusal or failure by the person as a
19
result of which an administrative breach rate reduction period applied to
20
the person, before the commencement of this item, under section 631 of
21
the Social Security Act 1991.
22
78 Sections 631A and 631B
23
Repeal the sections.
24
79 Subdivision GB of Division 1 of Part 2.12 of Chapter 2
25
Repeal the Subdivision.
26
80 Subdivision A of Division 4 of Part 2.12 of Chapter 2
27
(heading)
28
Repeal the heading.
29
81 Subdivision AA of Division 4 of Part 2.12 of Chapter 2
30
Repeal the Subdivision.
31
Newstart allowance Schedule 7
Compliance Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 131
82 Saving provision relating to activity test breach rate
1
reductions
2
(1) If:
3
(a) as a result of an activity test breach committed by the person
4
before the commencement of this item, an activity test breach
5
rate reduction period applied to the person under Subdivision
6
F of Division 1 of Part 2.12 of the Social Security Act 1991;
7
and
8
(b) on that commencement, the activity test breach rate reduction
9
period had not ended;
10
Subdivision AA of Division 4 of Part 2.12 of the Social Security Act
11
1991 continues to apply to the activity test breach rate reduction period
12
after that commencement as if it had not been repealed by this Act.
13
(2)
The fact that an activity test breach rate reduction period is applying to
14
the person because of this item does not prevent the application to the
15
person, at the same time, of a period during which newstart allowance is
16
not payable because of Subdivision F or FA of Division 1 of Part 2.12
17
of the Social Security Act 1991 as amended by this Act.
18
(3)
In this item:
19
activity test breach means any failure, voluntary act or misconduct
20
committed by the person as a result of which an activity test penalty
21
period applied to the person, before the commencement of this item,
22
under Subdivision F of Division 1 of Part 2.12 of the Social Security
23
Act 1991.
24
83 Subdivision B of Division 4 of Part 2.12 of Chapter 2
25
(heading)
26
Repeal the heading.
27
84 Sections 644B to 644H
28
Repeal the sections.
29
85 Saving provision relating to administrative breaches
30
(1) If:
31
(a) as a result of an administrative breach committed by the
32
person before the commencement of this item, an
33
Schedule 7 Newstart allowance
Part 3 Compliance
132 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
administrative breach rate reduction period applied to the
1
person under:
2
(i) section 631 of the Social Security Act 1991; or
3
(ii) subsection 63(5) or 64(4) of the Social Security
4
(Administration) Act 1999; and
5
(b) on that commencement, the administrative breach rate
6
reduction period had not ended;
7
sections 644B to 644H of the Social Security Act 1991 continue to
8
apply to the administrative breach rate reduction period after that
9
commencement as if they had not been repealed by this Act.
10
(2)
The fact that an administrative breach rate reduction period is applying
11
to the person because of this item does not prevent the application to the
12
person, at the same time, of a period during which newstart allowance is
13
not payable because of Subdivision F or FA of Division 1 of Part 2.12
14
of the Social Security Act 1991 as amended by this Act.
15
(3)
In this item:
16
administrative breach means any refusal, failure or non-compliance by
17
the person as a result of which an administrative breach rate reduction
18
period applied to the person, before the commencement of this item,
19
under:
20
(a) section 631 of the Social Security Act 1991; or
21
(b) subsection 63(5) or 64(4) of the Social Security
22
(Administration) Act 1999.
23
Newstart allowance Schedule 7
Consequential amendment Part 4
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 133
1
Part 4--Consequential amendment
2
Social Security Act 1991
3
86 Subsection 1217(4) (table item 15A)
4
Repeal the item.
5
Schedule 8 Employment entry payment
134 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 8--Employment entry payment
2
3
Social Security Act 1991
4
1 At the end of subsection 661(1)
5
Add:
6
; and (g) the person is not qualified under section 663 or 663D in
7
relation to the employment.
8
Note:
The heading to section 661 is replaced by the heading "Former newstart allowees
9
(standard employment entry payment)".
10
2 After section 662
11
Insert:
12
663 Former newstart or youth allowees (increased employment
13
entry payment)
14
(1) A person is qualified for an employment entry payment under this
15
section if:
16
(a) the person is in paid employment (other than sheltered
17
employment); and
18
(b) the person's income from the employment exceeds the
19
threshold amount; and
20
(c) immediately before the person commenced the employment,
21
the person:
22
(i) had a partial capacity to work; and
23
(ii) was receiving newstart allowance or youth allowance;
24
and
25
(iii) if the person was receiving youth allowance--was not
26
undertaking full-time study and was not a new
27
apprentice; and
28
Note 1: For partial capacity to work see section 16B.
29
Note 2: For undertaking full-time study see section 541B.
30
Note 3: For new apprentice see subsection 23(1).
31
(d) in the Secretary's opinion the person's employment is likely
32
to continue for more than 4 weeks; and
33
Employment entry payment Schedule 8
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 135
(e) the person has not received a payment under this Part within
1
the last 12 months.
2
(2) If the Secretary is satisfied that:
3
(a) a person has entered an agreement under which the person is
4
to be employed; and
5
(b) on the commencement of that employment, the person would
6
(but for receiving a payment under this subsection) be
7
qualified for a payment under subsection (1);
8
then:
9
(c) subject to paragraph (d), the person is qualified for an
10
employment entry payment which is payable to the person at
11
such time as the Secretary determines; and
12
(d) the person is not qualified for the employment entry payment
13
unless the Secretary is still satisfied as mentioned in
14
paragraphs (a) and (b) at the time at which the payment is
15
payable to the person.
16
(3) The time determined under paragraph (2)(c) is not to be more than
17
28 days before the person is to commence the employment.
18
(4) In this section:
19
threshold amount means the maximum amount per fortnight that a
20
person receiving newstart allowance can earn, derive or receive
21
without the allowance ceasing to be payable, if the person:
22
(a) is not a member of a couple; and
23
(b) is not receiving rent assistance; and
24
(c) is not receiving remote area allowance; and
25
(d) has turned 21 but has not turned 60; and
26
(e) has no dependent children.
27
663A Amount of section 663 payment
28
The amount of an employment entry payment under section 663 is
29
$312.
30
663B Newstart or youth allowees
31
A person is qualified for an employment entry payment under this
32
section if:
33
Schedule 8 Employment entry payment
136 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) the person is receiving newstart or youth allowance; and
1
(b) if the person is receiving youth allowance--the person is not
2
undertaking full-time study and is not a new apprentice; and
3
Note 1: For undertaking full-time study see section 541B.
4
Note 2: For new apprentice see subsection 23(1).
5
(c) the person has been receiving income support payments in
6
respect of a continuous period of at least 12 months (whether
7
or not the kind of payment received has changed over the
8
period and whether the period or any part of it occurred
9
before or after the commencement of this paragraph); and
10
Note 1: For income support payment see subsection 23(1).
11
Note 2: For the determination of whether a person received income
12
support payments in respect of a continuous period of at least 12
13
months, see section 38B.
14
(d) the person has a partial capacity to work; and
15
Note: For
partial capacity to work see section 16B.
16
(e)
either:
17
(i) the person commences employment for at least 15 hours
18
per week at award wages or above; or
19
(ii) the person's hours of employment at award wages or
20
above increase to at least 15 hours per week; and
21
(f) the employment, or the increase in hours worked, has
22
continued for at least 4 consecutive weeks; and
23
(g) the person has not previously received a payment under this
24
section in respect of that employment; and
25
(h) the person has not received a payment under another section
26
of this Part within the last 12 months.
27
663C Amount of section 663B payment
28
The amount of an employment entry payment under section 663B
29
is $312.
30
663D Former newstart or youth allowees (principal carer of a child)
31
(1) A person is qualified for an employment entry payment under this
32
section if:
33
(a) the person is the principal carer of a child; and
34
Note: For
principal carer see subsections 5(15) to (24).
35
Employment entry payment Schedule 8
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 137
(b) the person is not a member of a couple; and
1
Note: For
member of a couple see subsections 4(2) to (6A).
2
(c) at a particular time, the person starts to earn income from
3
employment or the person's income from employment
4
increases; and
5
(d) immediately before that time:
6
(i) the person was receiving newstart allowance or youth
7
allowance; and
8
(ii) if the person was receiving youth allowance--the
9
person was not undertaking full-time study and was not
10
a new apprentice; and
11
Note 1: For undertaking full-time study see section 541B.
12
Note 2: For new apprentice see subsection 23(1).
13
(e) because of the income, or the increase in income, the
14
person's income from employment exceeds the threshold
15
amount; and
16
(f) the person's income from employment is, in the Secretary's
17
opinion, likely to exceed the threshold amount for more than
18
4 weeks; and
19
(g) the person has not received a payment under this Part within
20
the last 12 months.
21
(2) If the Secretary is satisfied that:
22
(a) a person has entered an agreement under which the person is
23
to be employed or the person's income is to be increased; and
24
(b) on the commencement of that employment or increase in
25
income, the person would (but for receiving a payment under
26
this subsection) be qualified for a payment under
27
subsection (1);
28
then:
29
(c) subject to paragraph (d), the person is qualified for an
30
employment entry payment, which is payable to the person at
31
such time as the Secretary determines; and
32
(d) the person is not qualified for the employment entry payment
33
unless the Secretary is still satisfied as mentioned in
34
paragraphs (a) and (b) at the time at which the payment is
35
payable to the person.
36
Schedule 8 Employment entry payment
138 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(3) The time determined under paragraph (2)(c) must not be more than
1
14 days before the person is to commence the employment or the
2
person's income from employment is to increase.
3
(4) In this section:
4
threshold amount means the maximum amount per fortnight that a
5
person receiving newstart allowance can earn, derive or receive
6
without the allowance ceasing to be payable, if the person:
7
(a) is not a member of a couple; and
8
(b) is not receiving rent assistance; and
9
(c) is not receiving remote area allowance; and
10
(d) has turned 21 but has not turned 60; and
11
(e) has no dependent children.
12
663E Amount of section 663D payment
13
The amount of an employment entry payment under section 663D
14
is $104.
15
663F Newstart or youth allowees (principal carer of a child)
16
A person is qualified for an employment entry payment under this
17
section if:
18
(a) the person is the principal carer of a child; and
19
Note: For
principal carer see subsections 5(15) to (24).
20
(b) the person is receiving newstart or youth allowance; and
21
(c) if the person is receiving youth allowance--the person is not
22
undertaking full-time study and is not a new apprentice; and
23
Note 1: For undertaking full-time study see section 541B.
24
Note 2: For new apprentice see subsection 23(1).
25
(d) the person has been receiving income support payments in
26
respect of a continuous period of at least 12 months (whether
27
or not the kind of payment received has changed over the
28
period and whether the period or any part of it occurred
29
before or after the commencement of this paragraph); and
30
Note 1: For income support payment see subsection 23(1).
31
Note 2: For the determination of whether a person received income
32
support payments in respect of a continuous period of at least 12
33
months see section 38B.
34
Employment entry payment Schedule 8
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 139
(e)
either:
1
(i) the person commences employment for at least 15 hours
2
per week at award wages or above; or
3
(ii) the person's hours of employment at award wages or
4
above increase to at least 15 hours per week; and
5
(f) the employment, or the increase in hours worked, has
6
continued for at least 4 consecutive weeks; and
7
(g) the person has not previously received a payment under this
8
section in respect of that employment; and
9
(h) the person has not received a payment under another section
10
of this Part within the last 12 months.
11
663G Amount of section 663F payment
12
The amount of an employment entry payment under section 663F
13
is $104.
14
3 After section 664B
15
Insert:
16
664BA Parenting payment recipients
17
A person is qualified for an employment entry payment under this
18
section if:
19
(a) the person is the principal carer of a child; and
20
Note: For
principal carer see subsections 5(15) to (24).
21
(b) the person is receiving a pension PP (single) or a benefit PP
22
(partnered); and
23
(c) the person has been receiving income support payments in
24
respect of a continuous period of at least 12 months (whether
25
or not the kind of payment received has changed over the
26
period and whether the period or any part of it occurred
27
before or after the commencement of this paragraph); and
28
Note 1: For income support payment see subsection 23(1).
29
Note 2: For the determination of whether a person received income
30
support payments in respect of a continuous period of at least 12
31
months see section 38B.
32
(d)
either:
33
(i) the person commences employment for at least 15 hours
34
per week at award wages or above; or
35
Schedule 8 Employment entry payment
140 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(ii) the person's hours of employment at award wages or
1
above increase to at least 15 hours per week; and
2
(e) the employment, or the increase in hours worked, has
3
continued for at least 4 consecutive weeks; and
4
(f) the person has not previously received a payment under this
5
section in respect of that employment; and
6
(g) the person has not received a payment under another section
7
of this Part within the last 12 months.
8
664BB Amount of section 664BA payment
9
The amount of an employment entry payment under
10
section 664BA is $104.
11
Note:
The heading to section 664A is replaced by the heading "Pension PP (single)
12
recipients".
13
4 Subsection 665(1)
14
Omit "661, 664A,", substitute "661, 663, 663B, 663D, 663F, 664A,
15
664BA,".
16
5 Subsection 665(2)
17
After "661", insert ", 663".
18
6 Subsection 665(3)
19
After "section", insert "663D,".
20
7 After subsection 665(3)
21
Insert:
22
(3A) A person is not qualified for an employment entry payment under
23
section 663B, 663F or 664BA if the claim for payment is made
24
more than 56 days after:
25
(a) the commencement of the employment; or
26
(b) the increase in hours worked;
27
in respect of which the claim is made.
28
Sickness allowance Schedule 9
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 141
1
Schedule 9--Sickness allowance
2
3
Social Security Act 1991
4
1 At the end of Subdivision C of Division 1 of Part 2.14 of
5
Chapter 2
6
Add:
7
697 Seasonal workers--preclusion period
8
(1) This section applies if:
9
(a) a person has lodged a claim for sickness allowance; and
10
(b) at any time during the 6 months immediately before the day
11
on which the person lodged the claim, the person, or the
12
person's partner, has been engaged in seasonal work.
13
Note: For
seasonal work see subsection 16A(1).
14
(2) Sickness allowance is not payable to the person:
15
(a) if the person is subject to a seasonal work preclusion period
16
(whether in relation to the claim referred to in subsection (1)
17
or any other claim under this Act) and the Secretary has not
18
made a determination under subsection (3) in relation to the
19
person--for the person's seasonal work preclusion period; or
20
(b) if the Secretary has made a determination under
21
subsection (3) in relation to the person--for that part (if any)
22
of the person's seasonal work preclusion period to which the
23
person is subject as a result of the determination.
24
Note: For
seasonal work preclusion period see subsection 16A(1).
25
(3) If the Secretary is satisfied that a person is in severe financial
26
hardship because the person has incurred unavoidable or
27
reasonable expenditure while the person is subject to a seasonal
28
work preclusion period (whether in relation to the claim referred to
29
in subsection (1) or any other claim under this Act):
30
(a) the Secretary may determine that the person is not subject to
31
the whole, or any part, of the preclusion period; and
32
(b) the determination has effect accordingly.
33
Schedule 9 Sickness allowance
142 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Note 1:
For in severe financial hardship see subsection 19C(2) (person who
1
is not a member of a couple) or subsection 19C(3) (person who is a
2
member of a couple).
3
Note 2:
For unavoidable or reasonable expenditure see subsection 19C(4).
4
2 Application provision
5
The amendment made by this Schedule applies in relation to claims for
6
sickness allowance made on or after 20 September 2006.
7
Special benefit Schedule 10
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 143
1
Schedule 10--Special benefit
2
Part 1--Participation
3
Social Security Act 1991
4
1 Paragraph 729(2B)(e)
5
Omit "is taking reasonable steps to comply with", substitute "is
6
complying with".
7
2 Subsections 729(2C) and (2CA)
8
Repeal the subsections.
9
3 Subsections 731A(2) to (6)
10
Repeal the subsections.
11
4 Subsections 731A(7) to (10)
12
Repeal the subsections, substitute:
13
(7) A person to whom this Subdivision applies also satisfies the
14
activity test in respect of a period if:
15
(a) the Secretary is of the opinion that, throughout the period, the
16
person should undertake particular paid work, other than
17
unsuitable paid work within the meaning of section 731B;
18
and
19
(b) the Secretary notifies the person that the person is required to
20
act in accordance with the opinion; and
21
(c) the person complies, throughout the period, with the
22
Secretary's requirement.
23
(8) To avoid doubt, the work that the person is required to undertake
24
under subsection (7) may involve a number of hours per week that
25
differs from the number of hours of work per week that the person
26
is required to seek to comply with a Special Benefit Activity
27
Agreement between the Secretary and the person.
28
(9) A person cannot be taken to satisfy the activity test throughout a
29
period if the person fails to comply with a requirement under
30
subsection (7):
31
Schedule 10 Special benefit
Part 1 Participation
144 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) whether or not the person complies with subsection (1) or
1
(11); and
2
(b) whether or not another provision of this Act under which the
3
activity test is satisfied, or taken to be satisfied, applies (or
4
would apart from this section apply) to the person.
5
5 Subsection 731A(11)
6
Omit "is taking reasonable steps to comply with", substitute "is
7
complying with".
8
6 Subsection 731A(12)
9
Omit "take reasonable steps to".
10
7 Subsection 731A(13)
11
Repeal the subsection.
12
8 Subsection 731B(1)
13
Omit "subparagraph 731A(7)(a)(i)", substitute "paragraph 731A(7)(a)".
14
9 After paragraph 731B(1)(b)
15
Insert:
16
(ba) the person is the principal carer for one or more children, and
17
does not have access to appropriate care and supervision for
18
the children at the times when the person would be required
19
to undertake the work; or
20
Note: For
principal carer see subsections 5(15) to (24).
21
10 Paragraph 731B(1)(d)
22
Repeal the paragraph.
23
11 Paragraphs 731B(1)(e) and (f)
24
Repeal the paragraphs, substitute:
25
(e) the work would be covered by the Australian Fair Pay and
26
Conditions Standard, but the terms and conditions for the
27
work would be below the minimum terms and conditions for
28
the work under the Australian Fair Pay and Conditions
29
Standard; or
30
(f) the work would not be covered by the Australian Fair Pay
31
and Conditions Standard, but, if it were so covered, the terms
32
Special benefit Schedule 10
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 145
and conditions for the work would be below the minimum
1
terms and conditions for the work under the Australian Fair
2
Pay and Conditions Standard; or
3
12 After subsection 731B(1)
4
Insert:
5
(1A) A person has, for the purposes of paragraph (1)(ba), access to
6
appropriate care and supervision for a child at a particular time if,
7
at that time:
8
(a) the child could be provided with care by an approved child
9
care service (within the meaning of the Family Assistance
10
Administration Act), and provision of that care would, in the
11
Secretary's opinion, be appropriate in the circumstances; or
12
(b) the child could be provided with other care that the person
13
considers to be suitable; or
14
(c) the child could be attending school, and attendance at that
15
school would, in the Secretary's opinion, be appropriate in
16
the circumstances.
17
(1B) For the purposes of paragraph (1)(ba), a time when the person
18
would be required to undertake the work includes reasonable
19
amounts of time that would be needed for the person to travel from
20
the person's home to the place of work and from the place of work
21
to the person's home.
22
13 Paragraph 731B(2)(c)
23
Omit "or over the age of 50".
24
14 Subsections 731B(5) and (6)
25
Repeal the subsections.
26
15 Section 731C
27
Repeal the section.
28
16 Paragraph 731D(a)
29
Repeal the paragraph, substitute:
30
(a) it would be reasonable to assume that, at the end of a period,
31
a person is present in an area where:
32
(i) there is no locally accessible labour market; and
33
Schedule 10 Special benefit
Part 1 Participation
146 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(ii) there is no locally accessible vocational training course;
1
and
2
(aa) it would be reasonable to assume that, throughout the period,
3
the person is capable of undertaking, and willing to
4
undertake, paid work that in the Secretary's opinion is
5
suitable to be undertaken by the person; and
6
17 After section 731D
7
Insert:
8
731DA Relief from activity test--domestic violence etc.
9
(1) A person is not required to satisfy the activity test in respect of a
10
period that the Secretary determines under this section in relation
11
to the person.
12
(2) The Secretary may make a determination under this section in
13
relation to the person if the Secretary is satisfied that:
14
(a)
the
person:
15
(i) is the principal carer of one or more children; and
16
(ii) has ceased to be a member of a couple in the period of
17
26 weeks before the determination; and
18
(iii) was subjected to domestic violence in that period of 26
19
weeks (whether or not the domestic violence was
20
connected with ceasing to be a member of that or any
21
other couple); and
22
(iv) has not again become a member of a couple; or
23
(b) the person is the principal carer of one or more children, and
24
there are special circumstances relating to the person's family
25
that make it appropriate to make the determination.
26
Note: For
principal carer see subsections 5(15) to (24).
27
(3) The period that the Secretary determines under this section must be
28
the lesser of:
29
(a) the period that the Secretary considers to be appropriate; or
30
(b)
16
weeks.
31
(4) Any such period may be followed by one or more other periods
32
(not exceeding 16 weeks) determined under this section in relation
33
to the person.
34
Special benefit Schedule 10
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 147
(5) The period that the Secretary determines under this section must,
1
despite subsection (3), be 16 weeks if the determination:
2
(a) is made on grounds referred to in paragraph (2)(a) (or on
3
grounds that include those grounds); and
4
(b) is the first determination made on those grounds (or on
5
grounds that include those grounds) in connection with the
6
particular cessation referred to in subparagraph (2)(a)(ii).
7
(6) The Secretary may revoke a determination under this section in
8
relation to a person if the Secretary is satisfied that the grounds on
9
which the determination was made no longer exist.
10
(7) Subsection (6) does not affect any operation that subsection 33(3)
11
of the Acts Interpretation Act 1901 has in relation to a
12
determination under this section.
13
731DB Relief from activity test--people with disabled children and
14
other circumstances
15
(1) A person is not required to satisfy the activity test in respect of a
16
period that the Secretary determines under this section in relation
17
to the person.
18
(2) The Secretary may make a determination under this section in
19
relation to the person if the Secretary is satisfied that the person is
20
the principal carer of one or more children:
21
(a) who suffer from a physical, intellectual or psychiatric
22
disability or illness; and
23
(b) whose care needs are such that the person should, for the
24
period specified in the determination, not be required to
25
satisfy the activity test.
26
Note: For
principal carer see subsections 5(15) to (24).
27
(3) The Secretary must make a determination under this section in
28
relation to the person if the Secretary is satisfied that the person is
29
the principal carer of one or more children, and that:
30
(a) the person is a registered and active foster carer; or
31
(b) the person is a home educator of that child, or one or more of
32
those children; or
33
(c) the person is a distance educator of that child, or one or more
34
of those children.
35
Schedule 10 Special benefit
Part 1 Participation
148 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Note 1:
For principal carer see subsections 5(15) to (24).
1
Note 2:
For registered and active foster carer see section 5B.
2
Note 3:
For home educator see section 5C.
3
Note 4:
For distance educator see section 5D.
4
(4) The Secretary may make a determination under this section in
5
relation to the person if the Secretary is satisfied that:
6
(a) the person is a person included in a class of persons specified
7
under subsection (5); and
8
(b) the person's circumstances are such that the person should
9
not be required to satisfy the activity test for the period.
10
(5) The Secretary may, by legislative instrument, specify classes of
11
persons in respect of whom determinations under this section may
12
be made.
13
(6) The period that the Secretary determines under this section must be
14
the lesser of:
15
(a) the period that the Secretary considers to be appropriate; or
16
(b)
12
months.
17
(7) Any such period may be followed by one or more other periods
18
(not exceeding 12 months) determined under this section in
19
relation to the person.
20
(8) The Secretary may revoke a determination under this section in
21
relation to a person if the Secretary is satisfied that the grounds on
22
which the determination was made no longer exist.
23
(9) Subsection (8) does not affect any operation that subsection 33(3)
24
of the Acts Interpretation Act 1901 has in relation to a
25
determination under this section.
26
731DC Persons may be treated as actively seeking etc. paid work
27
(1) A person is not required to satisfy the activity test in respect of the
28
period to which subsection (4) applies if:
29
(a) during the period, the person undertakes:
30
(i) paid work that, in the Secretary's opinion, is suitable for
31
the person to undertake; or
32
(ii) any other activity; and
33
(b) the Secretary is of the opinion that, taking into account:
34
Special benefit Schedule 10
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 149
(i) the nature of the work or other activity; and
1
(ii) the duration of the work or other activity; and
2
(iii) any remuneration received for the work or other
3
activity; and
4
(iv) any other matters relating to the work or other activity,
5
or to the person's circumstances, that the Secretary
6
considers relevant;
7
it would be unreasonable to expect the person to satisfy the
8
activity test for the period.
9
(2) However, the work or other activity must not be or include any
10
work or other activity of a kind that the Secretary determines under
11
subsection (3).
12
(3) The Secretary may determine, by legislative instrument, kinds of
13
work or other activity that are not to be taken into account for the
14
purposes of subsection (1).
15
(4) This subsection applies to the period:
16
(a)
starting:
17
(i) when the person made a claim, or is taken to have made
18
a claim, for special benefit; or
19
(ii) when the person started to undertake the work or other
20
activity;
21
whichever happens later; and
22
(b)
ending:
23
(i) if the person has been required to enter into a Special
24
Benefit Activity Agreement but has failed to enter that
25
agreement--when the person so failed; or
26
(ii) in any other case--when the person has entered into
27
such an agreement.
28
18 Subsection 731G(1)
29
Omit "50 years", substitute "55 years".
30
Note:
The heading to section 731G is altered by omitting "engaged in voluntary work" and
31
substituting "55 and over who are engaged in work".
32
19 Paragraph 731G(1)(a)
33
Omit "full-time".
34
Schedule 10 Special benefit
Part 1 Participation
150 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
20 Paragraph 731G(1)(a)
1
Omit "32 hours", substitute "30 hours".
2
21 Paragraph 731G(1)(b)
3
Omit "40 hours", substitute "30 hours".
4
22 Subparagraph 731G(1)(b)(ii)
5
Omit "for another person".
6
23 At the end of subsection 731G(1)
7
Add:
8
; or (c) is engaged for at least 30 hours in the period in paid work
9
that the Secretary regards as suitable.
10
24 Subsection 731G(2)
11
Repeal the subsection.
12
25 Subsection 731G(3)
13
Omit "Neither subsection (1) nor (2) applies", substitute "This section
14
does not apply".
15
26 Subsection 731G(3)
16
Omit "the subsection", substitute "this section".
17
27 After section 731G
18
Insert:
19
731GA Relief from activity test--certain principal carers and people
20
with partial capacity to work
21
A person who:
22
(a) is the principal carer of at least one child; or
23
(b) has a partial capacity to work;
24
is taken to satisfy the activity test in respect of a period if, during
25
the period, the person is engaged for at least 30 hours per fortnight
26
in paid work that the Secretary regards as suitable.
27
28 Paragraph 731H(1)(b)
28
Omit "16", substitute "6".
29
Special benefit Schedule 10
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 151
29 After section 731K
1
Insert:
2
731KA Time limit for exemption--Secretary satisfied person can
3
undertake activity
4
(1) A person ceases to be exempt, under this Subdivision, from the
5
activity test if the Secretary is satisfied that, although the person
6
meets the requirements of section 731K, the person should
7
undertake one or more activities that the Secretary regards as
8
suitable for the person.
9
(2) The cessation occurs:
10
(a) if the person has been required to enter into a Special Benefit
11
Activity Agreement but has failed to enter that agreement--
12
when the person so failed; or
13
(b) in any other case--when the person has entered into such an
14
agreement.
15
30 Subsection 731L(3)
16
Omit "731E, 731F, 731JA or 731K", substitute "731DA, 731DB, 731E,
17
731F or 731JA".
18
31 After subsection 731L(3)
19
Insert:
20
(3A) If, under section 731K, a person is not required to satisfy the
21
activity test, subsections (1) and (2) apply to the person only if
22
subsection 731KA(1) applies to the person.
23
32 Subsections 731M(1) to (1B)
24
Repeal the subsections, substitute:
25
(1) Subject to subsection (2) and to sections 731N to 731Q, a Special
26
Benefit Activity Agreement with a person is to require the person
27
to undertake one or more activities that the Secretary regards as
28
suitable for the person.
29
(1A) However, an agreement must not require the person to undertake
30
an activity of a kind that the Secretary determines under
31
subsection (1B).
32
Schedule 10 Special benefit
Part 1 Participation
152 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(1B) The Secretary may determine, by legislative instrument, kinds of
1
activities that agreements must not require persons to undertake.
2
33 Application of subsection 731M(1A)
3
Subsection 731M(1A) of the Social Security Act 1991 as amended by
4
this Act does not apply to any Special Benefit Activity Agreement
5
entered into before the commencement of this item.
6
34 At the end of subsection 731M(2)
7
Add:
8
; or (d) the person is at least 50 years of age and is not a person to
9
whom subsection 28(4) applies.
10
35 At the end of subsection 731M(2)
11
Add:
12
Note:
Section 731Q provides for revocation of such requirements.
13
36 Paragraph 731M(5)(a)
14
Repeal the paragraph, substitute:
15
(a) the person's education, experience, skills and age;
16
(aa) the impact of any disability, illness, mental condition or
17
physical condition of the person on the person's ability to
18
work, to look for work or to participate in training activities;
19
37 Paragraph 731M(5)(e)
20
Omit ", by reference to what constitutes unreasonably difficult
21
commuting for the purposes of paragraph 731B(1)(g)".
22
38 Subsections 731M(6A) to (6C)
23
Repeal the subsections.
24
39 Section 731N
25
Repeal the section, substitute:
26
731N Special Benefit Activity Agreements--principal carers
27
(1) A Special Benefit Activity Agreement that:
28
(a) is between the Secretary and a person who is the principal
29
carer of at least one child; and
30
Special benefit Schedule 10
Participation Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 153
(b) requires the person to undertake, as an activity, looking for
1
part-time work that the Secretary regards as suitable;
2
must require the person to undertake looking for such part-time
3
work of at least the appropriate number of hours per week.
4
Note: For
principal carer see subsections 5(15) to (24).
5
(2) The appropriate number of hours per week is:
6
(a)
15;
or
7
(b) such other number as the Secretary determines to be
8
appropriate having regard to the person's circumstances.
9
731P Special Benefit Activity Agreements--people with partial
10
capacity to work
11
(1) A Special Benefit Activity Agreement that:
12
(a) is between the Secretary and a person who has a partial
13
capacity to work; and
14
(b) requires the person to undertake, as an activity, looking for
15
part-time work that the Secretary regards as suitable;
16
must require the person to undertake looking for such part-time
17
work of at least the appropriate number of hours per week.
18
Note: For
partial capacity to work see section 16B.
19
(2) The appropriate number of hours per week is:
20
(a)
15;
or
21
(b) such other number as the Secretary determines to be
22
appropriate having regard to the person's circumstances.
23
731Q Special Benefit Activity Agreements--revocation of
24
requirement to participate in approved program of work
25
(1) The Secretary may, by notice given to a person whom a Special
26
Benefit Activity Agreement requires to participate in an approved
27
program of work for income support payment, revoke the
28
requirement to participate in the program if the Secretary:
29
(a) is satisfied that the person or the person's partner has income;
30
or
31
(b) forms the opinion that:
32
(i) it has been established that there is medical evidence
33
that the person has an illness, disability or injury that
34
Schedule 10 Special benefit
Part 1 Participation
154 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
would be aggravated by the conditions in which the
1
work would be performed; or
2
(ii) performing the work in the conditions in which the
3
work would be performed would constitute a risk to
4
health or safety or would contravene a law of the
5
Commonwealth, a State or a Territory relating to
6
occupational health and safety; or
7
(c) is satisfied that the person is at least 50 years of age and is
8
not a person to whom subsection 28(4) applies.
9
(2) Upon the Secretary so notifying the person, the requirement is
10
taken to have been revoked with effect from the day specified in
11
the notice.
12
731R Special Benefit Activity Agreements--suspension of
13
agreements in cases of domestic violence etc.
14
A Special Benefit Activity Agreement between the Secretary and a
15
person is taken to be suspended during any period during which the
16
person is not required to satisfy the activity test because of
17
section 731DA or 731DB.
18
40 Paragraph 736(1)(d)
19
Omit "take reasonable steps to".
20
41 Subsection 736(2)
21
Omit "takes reasonable steps to comply with", substitute "complies
22
with".
23
42 Paragraph 737(3)(a)
24
Omit "731A or".
25
Special benefit Schedule 10
Compliance Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 155
1
Part 2--Compliance
2
Social Security Act 1991
3
43 Subdivision C of Division 1 of Part 2.15 of Chapter 2
4
Repeal the Subdivision, substitute:
5
Subdivision C--Situations where benefit not payable because of
6
special benefit participation failure
7
740 Special benefit participation failures
8
(1) A person who is a nominated visa holder commits a special benefit
9
participation failure if the person:
10
(a) fails to comply with a requirement:
11
(i) that was notified to the person under subsection 63(2) or
12
64(2) of the Administration Act; and
13
(ii) that was reasonable; and
14
(iii) the notification of which included a statement to the
15
effect that a failure to comply with the requirement
16
could constitute a special benefit participation failure; or
17
(b) fails to satisfy the activity test; or
18
(c) fails to comply with a requirement to enter into a Special
19
Benefit Activity Agreement; or
20
(d) fails to comply with a term of a Special Benefit Activity
21
Agreement between the Secretary and the person; or
22
(e) fails to attend a job interview; or
23
(f)
fails:
24
(i) to commence, complete or participate in an approved
25
program of work for income support payment that the
26
person is required to undertake; or
27
(ii) to comply with the conditions of such a program; or
28
(g) fails to continue his or her involvement in a labour market
29
program because he or she:
30
(i) voluntarily ceases to take part in the program; or
31
(ii) is dismissed from the program for misconduct; or
32
Schedule 10 Special benefit
Part 2 Compliance
156 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(h) is issued with a notice under subsection 741(1) and fails to
1
comply with it within the period specified in the notice; or
2
(i) fails to comply with subsection 741(2); or
3
(j) fails to comply with a requirement included in a Special
4
Benefit Activity Agreement between the Secretary and the
5
person to:
6
(i) undertake a certain number of job searches per
7
fortnight; and
8
(ii) keep a record of the person's job searches in a document
9
referred to in the agreement as a job seeker diary; and
10
(iii) return the job seeker diary to the Department at the end
11
of the period specified in the agreement; or
12
(k) fails to comply with a requirement to undertake another
13
activity referred to in paragraph 742(1)(b).
14
(2) Despite subsection (1), a failure of a kind referred to in that
15
subsection is not a special benefit participation failure if the person
16
satisfies the Secretary that the person had a reasonable excuse for
17
the failure.
18
(3) Despite subsection (1), if a failure of a kind referred to in that
19
subsection occurs in an instalment period of the person in which
20
the person has already committed a special benefit participation
21
failure, the failure is not a special benefit participation failure if:
22
(a) the instalment period is the person's first instalment period
23
for special benefit; or
24
(b) the instalment period is not the person's first instalment
25
period for special benefit, and:
26
(i) the person did not commit a special benefit participation
27
failure in the immediately preceding instalment period
28
of the person; or
29
(ii) in respect of each special benefit participation failure
30
that the person committed in the immediately preceding
31
instalment period of the person, the person acted in
32
accordance with a requirement of the Secretary notified
33
in respect of that failure.
34
(4) Paragraph (1)(f) does not apply to a failure if:
35
(a) the person is under 60; and
36
(b) a determination under paragraph 28(4)(b) is in force in
37
relation to the person.
38
Special benefit Schedule 10
Compliance Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 157
(5) Paragraph (1)(j) does not limit the scope of paragraph (1)(d).
1
741 Requiring a person to apply for job vacancies
2
(1) The Secretary may notify a person who:
3
(a) is a nominated visa holder (other than a person who is not
4
required to satisfy the activity test); and
5
(b) is receiving special benefit;
6
that the person must apply for a particular number of advertised job
7
vacancies in the period specified in the notice.
8
(2) The person must give the Secretary a written statement from each
9
employer whose job vacancy the person applied for that confirms
10
that the person applied for that job vacancy.
11
(3) The statement from the employer must be in a form approved by
12
the Secretary.
13
(4) Subsection (2) does not apply to the person if the Secretary is
14
satisfied that there are special circumstances in which it is not
15
reasonable to expect the person to give the statement referred to in
16
that subsection.
17
742 Allowance not payable because of special benefit participation
18
failure
19
(1) A special benefit is not payable to a person, for the period starting
20
in accordance with section 743 and ending in accordance with
21
section 744, if:
22
(a) the person commits a special benefit participation failure; and
23
(b) the Secretary requires the person:
24
(i) to comply with the requirement, or undertake the
25
activity, to which the special benefit participation failure
26
relates; or
27
(ii) to comply with a particular requirement, or undertake a
28
particular activity, in place of the requirement or
29
activity to which the failure relates;
30
during the participation failure instalment period for the
31
failure, or at a particular time during that period; and
32
(c) the person fails to comply with the requirement.
33
Schedule 10 Special benefit
Part 2 Compliance
158 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
However, paragraphs (b) and (c) do not apply in relation to a
1
special benefit participation failure of a kind referred to in
2
paragraph 740(1)(h), (i) or (j).
3
(2) This section does not apply in relation to the failure if:
4
(a) the Secretary is satisfied that the person had a reasonable
5
excuse for the failure referred to paragraph (1)(c); or
6
(b) the Secretary is for any other reason satisfied that
7
subsection (1) should not apply to the failure.
8
(3)
The
participation failure instalment period for the special benefit
9
participation failure is:
10
(a) if the failure is a failure of a kind referred to in paragraph
11
740(1)(h) or (i)--the next instalment period of the person to
12
start after the end of the period specified in the notice under
13
subsection 741(1) to which the failure relates; or
14
(b) if the failure is a failure of a kind referred to in paragraph
15
740(1)(j)--the next instalment period of the person to start
16
after the end of the period referred to in subparagraph
17
740(1)(j)(iii); or
18
(c) otherwise--the next instalment period of the person to start
19
after the day on which the Secretary first became aware that
20
the person committed the failure.
21
(4) This section does not apply to a special benefit participation failure
22
if section 745 applies to the failure.
23
743 When the period of non-payment starts
24
The period for which special benefit is not payable to the person
25
because of section 742 is taken to have started at the start of the
26
participation failure instalment period for the special benefit
27
participation failure.
28
744 When the period of non-payment ends
29
The period for which special benefit is not payable to the person
30
because of section 742 ends when:
31
(a) in accordance with a requirement of the Secretary that the
32
person comply with the requirement, or undertake the
33
activity, to which the special benefit participation failure
34
Special benefit Schedule 10
Compliance Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 159
related, the person has complied with the requirement or
1
undertaken the activity; or
2
(b) in accordance with a requirement of the Secretary that the
3
person undertake another activity in place of the requirement
4
or activity to which the special benefit participation failure
5
related, the person has undertaken the other activity; or
6
(c) in accordance with a requirement of the Secretary that the
7
person comply with another requirement in place of the
8
requirement or activity to which the special benefit
9
participation failure related, the person has complied with the
10
other requirement.
11
Subdivision CA--Situations where allowance not payable
12
because of repeated or more serious failure
13
745 Allowance not payable because of repeated or more serious
14
failure
15
(1) A special benefit is not payable to a person, for the period of 8
16
weeks starting in accordance with section 745A, if the person:
17
(a) commits a special benefit participation failure (the repeated
18
failure), having committed special benefit participation
19
failures (the earlier failures) on 2 or more other occasions
20
during the period of 12 months preceding that failure; or
21
(b) is unemployed due, either directly or indirectly, to a
22
voluntary act of the person; or
23
(c) is unemployed due to the person's misconduct as a worker;
24
or
25
(d) has refused or failed, without reasonable excuse, to accept a
26
suitable offer of employment; or
27
(e)
fails:
28
(i) to commence, complete or participate in an approved
29
program of work for income support payment that the
30
person is required to undertake; or
31
(ii) to comply with the conditions of such a program.
32
(2) For the purposes of paragraph (1)(a), disregard any earlier failure
33
that is a failure to which subsection 742(1) does not apply because
34
of subsection 742(2).
35
Schedule 10 Special benefit
Part 2 Compliance
160 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(3) Subsection (1) does not apply in relation to the repeated failure if
1
the Secretary is for any other reason satisfied that subsection (1)
2
should not apply to the failure.
3
(4) Paragraph (1)(b) does not apply if the Secretary is satisfied that the
4
person's voluntary act was reasonable.
5
(5) Paragraph (1)(e) applies only if:
6
(a) the person is under 60; and
7
(b) a determination under paragraph 28(4)(b) is in force in
8
relation to the person.
9
745A When the period of non-payment starts
10
(1) The period for which special benefit is not payable to the person
11
because of paragraph 745(1)(a) is taken to start, or to have started:
12
(a) if the repeated failure is a failure of a kind referred to in
13
paragraph 740(1)(h), (i) or (j)--at the start of the
14
participation failure instalment period for the repeated
15
failure; or
16
(b) if paragraph (a) of this subsection does not apply and the
17
repeated failure occurs during a participation failure
18
instalment period for an earlier failure--at the start of the
19
participation failure instalment period for the earlier failure;
20
or
21
(c) otherwise--at the start of the next instalment period of the
22
person to start after the day on which the Secretary first
23
became aware that the person committed the failure.
24
Note: For
participation failure instalment period see subsection 742(3).
25
(2) The period for which special benefit is not payable to the person
26
because of section 745 (other than because of paragraph 745(1)(a))
27
starts on the day the Secretary determines that section 745 applies
28
to the person.
29
(3)
However,
if:
30
(a) section 745 would not apply to the person but for the
31
application of paragraph 745(1)(b) or (c), or both; and
32
(b) at the time of the voluntary act or misconduct in question, the
33
person was not receiving special benefit;
34
Special benefit Schedule 10
Compliance Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 161
the period for which special benefit is not payable to the person
1
starts at the time the person became unemployed as a result of the
2
voluntary act or misconduct.
3
44 Saving provision relating to activity test breaches
4
(1) If:
5
(a) as a result of an activity test breach committed by the person
6
before the commencement of this item, an activity test
7
penalty period applied to the person under Subdivision C of
8
Division 1 of Part 2.15 of the Social Security Act 1991; and
9
(b) on that commencement, the activity test penalty period had
10
not ended;
11
the activity test penalty period continues to apply to the person after that
12
commencement as if that Subdivision had not been repealed by this Act.
13
(2)
In this item:
14
activity test breach means any failure, voluntary act or misconduct
15
committed by the person as a result of which an activity test penalty
16
period applied to the person, before the commencement of this item,
17
under Subdivision C of Division 1 of Part 2.15 of the Social Security
18
Act 1991.
19
45 Transitional provision relating to repeated breaches
20
(1)
The reference in paragraph 745(1)(a) of the Social Security Act 1991, as
21
amended by this Act, to special benefit participation failures committed
22
by a person during the period of 12 months preceding a special benefit
23
participation failure includes a reference to any activity test failures
24
committed by the person:
25
(a) during that period of 12 months; and
26
(b) before the commencement of this item.
27
(2)
In this item:
28
activity test failure means any failure committed by the person as a
29
result of which an activity test penalty period applied to the person,
30
before the commencement of this item, under section 740, 741 or 742 of
31
the Social Security Act 1991.
32
46 Section 745H
33
Repeal the section, substitute:
34
Schedule 10 Special benefit
Part 2 Compliance
162 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
745H Situations where special benefit not payable for failure to
1
comply with certain requirements
2
Special benefit is not payable to a person who is a nominated visa
3
holder if the person refuses or fails, without reasonable excuse, to
4
comply with a requirement made of the person under section 67, 68
5
or 192 of the Administration Act.
6
47 Saving provision relating to administrative breaches
7
(1) If:
8
(a) as a result of an administrative breach committed by the
9
person before the commencement of this item, an
10
administrative breach rate reduction period applied to the
11
person under section 745H of the Social Security Act 1991;
12
and
13
(b) on that commencement, the administrative breach rate
14
reduction period had not ended;
15
the administrative breach rate reduction period continues to apply to the
16
person after that commencement as if that section had not been repealed
17
by this Act.
18
(2)
In this item:
19
administrative breach means any refusal or failure by the person as a
20
result of which an administrative breach rate reduction period applied to
21
the person, before the commencement of this item, under section 745H
22
of the Social Security Act 1991.
23
48 Subdivision A of Division 4 of Part 2.15 of Chapter 2
24
(heading)
25
Repeal the heading.
26
49 Subdivision B of Division 4 of Part 2.15 of Chapter 2
27
(heading)
28
Repeal the heading.
29
50 Subdivisions C and D of Division 4 of Part 2.15 of
30
Chapter 2
31
Repeal the Subdivisions.
32
Special benefit Schedule 10
Compliance Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 163
51 Saving provision relating to activity test breach rate
1
reductions
2
(1) If:
3
(a) as a result of an activity test breach committed by the person
4
before the commencement of this item, an activity test breach
5
rate reduction period applied to the person under Subdivision
6
C of Division 1 of Part 2.15 of the Social Security Act 1991;
7
and
8
(b) on that commencement, the activity test breach rate reduction
9
period had not ended;
10
Subdivision C of Division 4 of Part 2.15 of the Social Security Act 1991
11
continues to apply to the activity test breach rate reduction period after
12
that commencement as if it had not been repealed by this Act.
13
(2)
The fact that an activity test breach rate reduction period is applying to
14
the person because of this item does not prevent the application to the
15
person, at the same time, of a period during which special benefit is not
16
payable because of Subdivision C or CA of Division 1 of Part 2.15 of
17
the Social Security Act 1991 as amended by this Act.
18
(3)
In this item:
19
activity test breach means any failure, voluntary act or misconduct
20
committed by the person as a result of which an activity test penalty
21
period applied to the person, before the commencement of this item,
22
under Subdivision C of Division 4 of Part 2.15 of the Social Security
23
Act 1991.
24
52 Saving provision relating to administrative breaches
25
(1) If:
26
(a) as a result of an administrative breach committed by the
27
person before the commencement of this item, an
28
administrative breach rate reduction period applied to the
29
person under:
30
(i) section 745H of the Social Security Act 1991; or
31
(ii) subsection 63(5) or 64(4) of the Social Security
32
(Administration) Act 1999; and
33
(b) on that commencement, the administrative breach rate
34
reduction period had not ended;
35
Schedule 10 Special benefit
Part 2 Compliance
164 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Subdivision D of Division 4 of Part 2.15 of the Social Security Act 1991
1
continues to apply to the administrative breach rate reduction period
2
after that commencement as if it had not been repealed by this Act.
3
(2)
The fact that an administrative breach rate reduction period is applying
4
to the person because of this item does not prevent the application to the
5
person, at the same time, of a period during which special benefit is not
6
payable because of Subdivision C or CA of Division 1 of Part 2.15 of
7
the Social Security Act 1991 as amended by this Act.
8
(3)
In this item:
9
administrative breach means any refusal, failure or non-compliance by
10
the person as a result of which an administrative breach rate reduction
11
period applied to the person, before the commencement of this item,
12
under:
13
(a) section 745H of the Social Security Act 1991; or
14
(b) subsection 63(5) or 64(4) of the Social Security
15
(Administration) Act 1999.
16
53 Subdivision E of Division 4 of Part 2.15 of Chapter 2
17
(heading)
18
Repeal the heading.
19
Special benefit Schedule 10
Rate of special benefit Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 165
1
Part 3--Rate of special benefit
2
Social Security Act 1991
3
54 At the end of section 746
4
Add:
5
(3) In working out, for the purposes of subsection (2), the rate at which
6
youth allowance would be payable to a person, disregard any
7
amount by which the rate would be increased because of point
8
1067G-B3A of the Youth Allowance Rate Calculator.
9
(4) In working out, for the purposes of subsection (2), the rate at which
10
newstart allowance would be payable to a person, disregard any
11
amount by which the rate would be increased because of point
12
1068-B5 of Benefit Rate Calculator B.
13
Schedule 11 Mobility allowance
166 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 11--Mobility allowance
2
3
Social Security Act 1991
4
1 Subsection 1035(1)
5
After "mobility allowance", insert "at the rate specified in subsection
6
1044(1)".
7
Note:
The heading to section 1035 is replaced by the heading "Qualification for mobility
8
allowance (rate specified in subsection 1044(1))".
9
2 After section 1035
10
Insert:
11
1035A Qualification for mobility allowance (rate specified in
12
subsection 1044(1A))
13
General principle
14
(1) A person is qualified for a mobility allowance at the rate specified
15
in subsection 1044(1A) if:
16
(a) the person is a handicapped person; and
17
(b) the Secretary is of the opinion that the person is unable to use
18
public transport without substantial assistance (either
19
permanently or for an extended period) due to the person's
20
physical or mental disability; and
21
(c) the person is an Australian resident; and
22
(d) the person satisfies one or more of subsections (2) to (7).
23
Disability support pension
24
(2) A person satisfies this subsection if:
25
(a) at a particular time, the person's hours of work per week at
26
award wages or above increase to at least 30 hours per week;
27
and
28
(b) immediately before that time, the person was receiving
29
disability support pension as a result of a claim made before
30
1 July 2006; and
31
Mobility allowance Schedule 11
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 167
(c) the person ceased to be qualified for disability support
1
pension because of the increase in the number of hours
2
worked; and
3
(d) since the time mentioned in paragraph (a), the person:
4
(i) has been working at least 30 hours per week at award
5
wages or above; and
6
(ii) has not received another income support payment; and
7
(e) the person is required to travel to and from the person's home
8
for the purpose of performing that work.
9
However, this subsection ceases to apply to a transitional DSP
10
applicant from the date of effect of the first decision about the
11
person's capacity to perform work made on or after 1 July 2006
12
following a review of the person's capacity to perform work.
13
(3) A person satisfies this subsection if:
14
(a) the person is receiving disability support pension; and
15
(b) one or both of the following applies to the person:
16
(i) the person is working for at least 15 hours per week at
17
award wages or above;
18
(ii) the person is undertaking job search activities under an
19
agreement between the Secretary and a service provider
20
nominated by the Secretary of the Employment
21
Department for work of at least 15 hours per week at
22
award wages or above; and
23
(c) if the person is working as mentioned in
24
subparagraph (b)(i)--the person is required to travel to and
25
from the person's home for the purpose of performing the
26
work; and
27
(d) if the person is undertaking job search activities as mentioned
28
in subparagraph (b)(ii)--the person is required to travel to
29
and from the person's home for the purpose of undertaking
30
those activities.
31
(4) A person satisfies this subsection if:
32
(a) subsection (2) does not apply (or has ceased to apply) to the
33
person; and
34
(b) the person is working for at least 15 hours per week at award
35
wages or above; and
36
(c) immediately before the person started that work, the person
37
was receiving disability support pension; and
38
Schedule 11 Mobility allowance
168 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(d) the person ceased to be qualified for disability support
1
pension because of the number of hours worked; and
2
(e) since starting that work, the person:
3
(i) has been working at least 15 hours per week at award
4
wages or above; and
5
(ii) has not received another income support payment; and
6
(f) the person is required to travel to and from the person's home
7
for the purpose of performing that work.
8
(5) A person satisfies this subsection if:
9
(a) subsection (2) does not apply (or has ceased to apply) to the
10
person; and
11
(b) at a particular time, the person starts to earn income from
12
work or the person's income from work increases; and
13
(c) immediately before that time, the person was receiving
14
disability support pension; and
15
(d) the disability support pension ceased to be payable to the
16
person because the rate of the pension is nil due to the
17
income, or increased income, the person earned from the
18
work; and
19
(e) since the time mentioned in paragraph (b), the person has
20
been working at least 15 hours per week at award wages or
21
above; and
22
(f) the person is required to travel to and from the person's home
23
for the purpose of performing that work; and
24
(g) since the time mentioned in paragraph (b), no income support
25
payment has been payable to the person because the rate of
26
the payment is nil due to the income, or increased income,
27
the person has been earning from the work.
28
Newstart allowance or youth allowance recipients
29
(6) A person satisfies this subsection if:
30
(a)
the
person:
31
(i) is receiving newstart allowance; or
32
(ii) is receiving youth allowance, but is not undertaking
33
full-time study and is not a new apprentice; and
34
(b) one or both of the following applies to the person:
35
(i) the person is working at least 15 hours per week at
36
award wages or above;
37
Mobility allowance Schedule 11
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 169
(ii) the person is undertaking job search activities under an
1
agreement between the Secretary and a service provider
2
nominated by the Secretary of the Employment
3
Department for work of at least 15 hours per week at
4
award wages or above; and
5
(c) if the person is working as mentioned in
6
subparagraph (b)(i)--the person is required to travel to and
7
from the person's home for the purpose of performing the
8
work; and
9
(d) if the person is undertaking job search activities as mentioned
10
in subparagraph (b)(ii)--the person is required to travel to
11
and from the person's home for the purpose of undertaking
12
those activities.
13
Note 1:
For undertaking full-time study see section 541B.
14
Note 2:
For new apprentice see subsection 23(1).
15
(7) A person satisfies this subsection if:
16
(a) at a particular time, the person starts to earn income from
17
work or the person's income from work increases; and
18
(b) immediately before that time, the person:
19
(i) was receiving newstart allowance; or
20
(ii) was receiving youth allowance, but was not undertaking
21
full-time study and was not a new apprentice; and
22
(c) the newstart allowance or youth allowance ceased to be
23
payable to the person because the rate of the allowance was
24
nil due to the income, or increased income, the person earned
25
from his or her work; and
26
(d) since the time mentioned in paragraph (a), the person has
27
been working at least 15 hours per week at award wages or
28
above; and
29
(e) the person is required to travel to and from the person's home
30
for the purpose of performing that work; and
31
(f) since the time mentioned in paragraph (a), no income support
32
payment has been payable to the person because the rate of
33
the payment is nil due to the income, or increased income,
34
the person has been earning from the work.
35
Note 1:
For undertaking full-time study see section 541B.
36
Note 2:
For new apprentice see subsection 23(1).
37
3 Before section 1037
38
Schedule 11 Mobility allowance
170 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Insert:
1
1036 Mobility allowance not payable at 2 rates
2
Mobility allowance at the rate specified in subsection 1044(1) is
3
not payable to a person while mobility allowance at the rate
4
specified in subsection 1044(1A) is payable to the person.
5
4 Subsection 1044(1)
6
After "mobility allowance", insert "for a person who qualifies for the
7
allowance under section 1035".
8
5 After subsection 1044(1)
9
Insert:
10
(1A) The fortnightly rate of mobility allowance for a person who
11
qualifies for the allowance under section 1035A is $100.
12
6 Paragraph 1046(1)(a)
13
After "mobility allowance", insert "at the rate specified in subsection
14
1044(1)".
15
7 Paragraph 1046(2)(a)
16
After "mobility allowance", insert "at the rate specified in subsection
17
1044(1)".
18
8 After subsection 1046(2)
19
Insert:
20
(2A) This section applies to a person if:
21
(a) a mobility allowance is payable to a person at the rate
22
specified in subsection 1044(1A); and
23
(b) the person would, apart from this section, cease to be
24
qualified for the mobility allowance because he or she ceases,
25
in the Secretary's opinion, to satisfy one or more of
26
subsections 1035A(2), (3), (4), (5), (6) and (7).
27
(2B) This section applies to a person if:
28
(a) a mobility allowance is payable to a person at the rate
29
specified in subsection 1044(1A) because the person satisfies
30
one or both of subsections 1035A(6) and (7); and
31
Mobility allowance Schedule 11
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 171
(b) the person would, apart from this section, cease to be
1
qualified for the mobility allowance because he or she ceases,
2
in the Secretary's opinion:
3
(i) to receive newstart allowance for a reason other than the
4
application of section 601 or 605 of this Act or
5
section 81 of the Administration Act; or
6
(ii) to receive youth allowance for a reason other than the
7
application of section 541A, 544A, 550B, 551 or 553B
8
of this Act or section 81 of the Administration Act; or
9
(iii) to undertake job search activities, under an agreement
10
between the Secretary and a service provider nominated
11
by the Secretary of the Employment Department, for
12
work of at least 15 hours per week at award wages or
13
above.
14
9 Paragraph 1046(4)(b)
15
Omit "and (2)", substitute ", (2), (2A) and (2B)".
16
10 Section 1190 (table item 57)
17
Repeal the item, substitute:
18
19
Mobility allowance
57. mobility
allowance
for a person
qualified under
section 1035
MA rate
(standard)
[subsection 1044(1)]
58. mobility
allowance
for a person
qualified under
section 1035A
MA rate
(increased)
[subsection 1044(1A)]
11 Subsection 1191(1) (table item 34)
20
Omit "MA rate", substitute "MA rate (standard)".
21
12 Subsection 1191(1) (after table item 34)
22
Insert:
23
24
Schedule 11 Mobility allowance
172 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
34A. MA
rate
(increased)
1 January
June
highest June
quarter
before the
reference
quarter (but
not earlier
than June
2006
quarter)
$0.10
13 Subsection 1192(3)
1
After "MA rate", insert "(standard)".
2
14 After subsection 1192(3)
3
Insert:
4
(3A) The first indexation of the MA rate (increased) under
5
subsection (1) is to take place on 1 January 2007.
6
Advance payments of benefit PP (partnered) Schedule 12
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 173
1
Schedule 12--Advance payments of benefit
2
PP (partnered)
3
4
Social Security Act 1991
5
1 Subsection 1061EE(1)
6
After "widow allowance,", insert "benefit PP (partnered),".
7
Note:
The heading to section 1061EE is replaced by the heading "Amount of advance
8
payment--certain other social security payments".
9
2 Subsection 1061EE(4)
10
After "advance payment of", insert "benefit PP (partnered),".
11
Note:
The heading to subsection 1061EE(4) is replaced by the heading "Formula for
12
maximum amount of advance: benefit PP (partnered), youth allowance, austudy
13
payment or newstart allowance".
14
3 Subsection 1061EE(6) (definition of fortnightly payment
15
rate)
16
Repeal the definition (not including the example), substitute:
17
fortnightly payment rate means:
18
(a) in relation to benefit PP (partnered)--the fortnightly rate of
19
that benefit payable under the Benefit PP (Partnered) Rate
20
Calculator to the person on the last payday before the
21
application for the advance payment was made, excluding
22
any amount payable by way of remote area allowance; or
23
(b) in relation to widow allowance, youth allowance, austudy
24
payment, mature age allowance under Part 2.12B or newstart
25
allowance--the fortnightly rate of that benefit payable under
26
Benefit Rate Calculator B to the person on the last payday
27
before the application for the advance payment was made,
28
excluding any amount payable by way of remote area
29
allowance.
30
4 Subsection 1206H(3)
31
Repeal the subsection.
32
5 Subsection 1206Q(3)
33
Schedule 12 Advance payments of benefit PP (partnered)
174 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Repeal the subsection.
1
6 Paragraph 1224E(1)(d)
2
Omit "or benefit PP (partnered)".
3
7 Application of items 1, 2 and 3
4
The amendments made by items 1, 2 and 3 of this Schedule apply to
5
applications for advance payment of benefit PP (partnered) made on or
6
after 20 September 2006.
7
Pensioner education supplement Schedule 13
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 175
1
Schedule 13--Pensioner education
2
supplement
3
4
Social Security Act 1991
5
1 Subparagraph 1061PE(4)(d)(i)
6
Omit "or a pension PP (single)", substitute ", a pension PP (single), a
7
youth allowance or a newstart allowance".
8
2 After paragraph 1061PJ(2)(d)
9
Insert:
10
(da) subject to subsection (2A), a youth allowance;
11
(db) subject to subsection (2B), a newstart allowance;
12
3 After subsection 1061PJ(2)
13
Insert:
14
(2A) Paragraph (2)(da) only applies if:
15
(a) the person receiving the payment:
16
(i) has a partial capacity to work; and
17
(ii) on the day (being a day occurring on or after 1 July
18
2006) immediately before the person last qualified for a
19
youth allowance, was a transitional DSP applicant and
20
was receiving a disability support pension; and
21
(iii) on that day ceased to be qualified for that disability
22
support pension because he or she no longer had a
23
continuing inability to work within the meaning of
24
section 94; and
25
(iv) on that day was qualified for a pensioner education
26
supplement in relation to a particular course of
27
education or study; or
28
(b) the person receiving the payment:
29
(i) is the principal carer of at least one child and is not a
30
member of a couple; and
31
(ii) on the day (being a day occurring on or after 1 July
32
2006) immediately before the person last qualified for a
33
Schedule 13 Pensioner education supplement
176 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
youth allowance, was receiving a pension (PP) single;
1
and
2
(iii) on that day ceased to be qualified for a parenting
3
payment because he or she no longer had a PP child for
4
the reason that his or her youngest dependent child had
5
turned 8; and
6
(iv) on that day was qualified for a pensioner education
7
supplement in relation to a particular course of
8
education or study;
9
and the person has:
10
(c) at all times since that day, been qualified both for:
11
(i) a youth allowance; and
12
(ii) a pensioner education supplement in relation to that
13
particular course of education or study; and
14
(d) at no time since that day, either undertaken full-time study or
15
been a new apprentice.
16
Note 1:
For partial capacity to work see section 16B.
17
Note 2:
For transitional DSP applicant see subsection 23(1).
18
Note 3:
For principal carer see subsections 5(15) to (24).
19
Note 4:
For undertaking full-time study see section 541B.
20
Note 5:
For new apprentice see subsection 23(1).
21
(2B) Paragraph (2)(db) only applies if:
22
(a) the person receiving the payment:
23
(i) has a partial capacity to work; and
24
(ii) on the day (being a day occurring on or after 1 July
25
2006) immediately before the person last qualified for a
26
newstart allowance, was a transitional DSP applicant
27
and was receiving a disability support pension, or was
28
receiving a youth allowance in respect of which
29
subsection (2A) applied; and
30
(iii) if he or she was receiving a disability support pension--
31
on that day ceased to be qualified for it because he or
32
she no longer had a continuing inability to work within
33
the meaning of section 94; and
34
(iv) on that day was qualified for a pensioner education
35
supplement in relation to a particular course of
36
education or study; or
37
(b) the person receiving the payment:
38
Pensioner education supplement Schedule 13
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 177
(i) is the principal carer of at least one child and is not a
1
member of a couple; and
2
(ii) on the day (being a day occurring on or after 1 July
3
2006) immediately before the person last qualified for a
4
newstart allowance, was receiving a pension (PP)
5
single, or was receiving a youth allowance in respect of
6
which subsection (2A) applied; and
7
(iii) if he or she was receiving a pension (PP) single--on
8
that day ceased to be qualified for a parenting payment
9
because he or she no longer had a PP child for the
10
reason that his or her youngest dependent child had
11
turned 8; and
12
(iv) on that day was qualified for a pensioner education
13
supplement in relation to a particular course of
14
education or study;
15
and the person has, at all times since that day, been qualified both
16
for:
17
(c) a newstart allowance; and
18
(d) a pensioner education supplement in relation to that
19
particular course of education or study.
20
Note 1:
For partial capacity to work see section 16B.
21
Note 2:
For transitional DSP applicant see subsection 23(1).
22
Note 3:
For principal carer see subsections 5(15) to (24).
23
4 After subparagraph 1061PZG(1)(b)(i)
24
Insert:
25
(ia) a youth allowance or newstart allowance under this Act,
26
in a case where the person has a partial capacity to
27
work;
28
5 At the end of subsection 1061PZG(1)
29
Add:
30
Note 1:
Recipients of youth allowance or newstart allowance only qualify for
31
pensioner education supplement in the limited circumstances set out in
32
subsection 1061PJ(2A) or (2B).
33
Note 2:
For partial capacity to work see section 16B.
34
Schedule 14 Telephone allowance
Part 1 Amendments commencing on Royal Assent
178 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 14--Telephone allowance
2
Part 1--Amendments commencing on Royal Assent
3
Social Security Act 1991
4
1 Paragraphs 1061Q(3)(b) and (3A)(e)
5
Omit "(whether or not the kind of payment received has changed over
6
the period and whether the period or any part of it occurred before or
7
after the commencement of this paragraph)".
8
2 Subsection 1061Q(4)
9
Repeal the subsection, substitute:
10
(3C)
If:
11
(a) a person has been receiving one of the following:
12
(i) a social security pension;
13
(ii) a mature age allowance under Part 2.12B; and
14
(b) the person ceases to receive the pension or allowance because
15
the person or the person's partner earns, derives or receives,
16
or is taken to earn, derive or receive, employment income;
17
and
18
(c) the person is a telephone subscriber;
19
the person is qualified for a telephone allowance:
20
(d) if the person has been receiving a disability support
21
pension--for a period of 12 months from the date on which
22
the person ceases to receive the pension; or
23
(e) in any other situation mentioned in paragraph (a)--for a
24
period of 6 months from the date on which the person ceases
25
to receive the pension or allowance.
26
Note 1:
For telephone subscriber see subsection (5).
27
Note 2:
Subsection 23(4A) can affect when a person is taken to be receiving
28
the pension or allowance.
29
(3F)
If:
30
(a) a person has been receiving one of the following social
31
security benefits:
32
(i)
newstart
allowance;
33
Telephone allowance Schedule 14
Amendments commencing on Royal Assent Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 179
(ii)
widow
allowance;
1
(iii)
partner
allowance;
2
(iv)
sickness
allowance;
3
(v)
special
benefit;
4
(vi) benefit PP (partnered); and
5
(b) the person ceases to receive the benefit because the person or
6
the person's partner earns, derives or receives, or is taken to
7
earn, derive or receive, employment income; and
8
(c) the person has turned 60; and
9
(d) immediately before the person ceases to receive the benefit,
10
the person had been receiving income support payments in
11
respect of a continuous period of at least 9 months; and
12
(e) the person is a telephone subscriber;
13
the person is qualified for a telephone allowance for a period of 6
14
months from the date on which the person ceases to receive the
15
benefit.
16
Note 1:
For telephone subscriber see subsection (5).
17
Note 2:
Subsection 23(4A) can affect when a person is taken to be receiving
18
the benefit.
19
(3G)
If:
20
(a) a person has been receiving partner allowance or benefit PP
21
(partnered); and
22
(b) the person ceases to receive the benefit because the person or
23
the person's partner earns, derives or receives, or is taken to
24
earn, derive or receive, employment income; and
25
(c) the person's partner has turned 60; and
26
(d)
the
person's
partner:
27
(i) is receiving newstart allowance or sickness allowance;
28
or
29
(ii) was receiving newstart allowance or sickness allowance
30
immediately before the person ceased to receive partner
31
allowance or benefit PP (partnered); and
32
(e) immediately before the person ceases to receive the benefit,
33
the person's partner had been receiving income support
34
payments in respect of a continuous period of at least 9
35
months; and
36
(f) the person is a telephone subscriber;
37
Schedule 14 Telephone allowance
Part 1 Amendments commencing on Royal Assent
180 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
the person is qualified for a telephone allowance for a period of 6
1
months from the date on which the person ceases to receive the
2
benefit.
3
Note 1:
For telephone subscriber see subsection (5).
4
Note 2:
Subsection 23(4A) can affect when a person is taken to be receiving
5
the benefit.
6
(3J) A reference in paragraph (3C)(b), (3F)(b) or (3G)(b) to the
7
employment income of a person is a reference to that person's
8
employment income either alone or in combination with any other
9
ordinary income earned, derived or received, or taken to have been
10
earned, derived or received, by the person or the person's partner.
11
(4) For the purposes of paragraph (3)(b), (3A)(e), (3F)(d) or (3G)(e), it
12
does not matter:
13
(a) whether the kind of payment received has changed over the
14
period in question; or
15
(b) whether the period or any part of it occurred before or after
16
the commencement of that paragraph.
17
Telephone allowance Schedule 14
Amendments commencing on 1 July 2006 Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 181
1
Part 2--Amendments commencing on 1 July 2006
2
Social Security Act 1991
3
3 After subsection 1061Q(1)
4
Insert:
5
(2) A person is qualified for a telephone allowance if:
6
(a) the person is receiving a youth allowance; and
7
(b) the person is not undertaking full-time study; and
8
(c) the person is not a new apprentice; and
9
(d)
the
person:
10
(i) has a partial capacity to work; or
11
(ii) is the principal carer of at least one child and is not a
12
member of a couple; and
13
(e) the person is a telephone subscriber.
14
Note 1:
For undertaking full-time study see section 541B.
15
Note 2:
For new apprentice see subsection 23(1).
16
Note 3:
For partial capacity to work see section 16B.
17
Note 4:
For principal carer see subsections 5(15) to (24).
18
Note 5:
For telephone subscriber see subsection (5).
19
(2A) A person is qualified for a telephone allowance if:
20
(a) the person is receiving a newstart allowance; and
21
(b)
the
person:
22
(i) has a partial capacity to work; or
23
(ii) is the principal carer of at least one child and is not a
24
member of a couple; and
25
(c) the person is a telephone subscriber.
26
Note 1:
For partial capacity to work see section 16B.
27
Note 2:
For principal carer see subsections 5(15) to (24).
28
Note 3:
For telephone subscriber see subsection (5).
29
(2B) A person is qualified for a telephone allowance if:
30
(a) the person is:
31
Schedule 14 Telephone allowance
Part 2 Amendments commencing on 1 July 2006
182 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(i) receiving a youth allowance while the person is not
1
undertaking full-time study and is not a new apprentice;
2
or
3
(ii) receiving a newstart allowance; and
4
(b) the person is the principal carer of at least one child and is a
5
member of a couple; and
6
(c) the person is a telephone subscriber; and
7
(d) the person's partner has turned 60; and
8
(e) the person's partner is receiving newstart allowance or
9
sickness allowance; and
10
(f) the person's partner has been receiving income support
11
payments in respect of a continuous period of at least 9
12
months.
13
Note 1:
For undertaking full-time study see section 541B.
14
Note 2:
For new apprentice see subsection 23(1).
15
Note 3:
For principal carer see subsections 5(15) to (24).
16
Note 4:
For telephone subscriber see subsection (5).
17
Note 5:
For income support payment see subsection 23(1).
18
Note 6:
Subsection 23(4A) can affect when a person is taken to be receiving
19
the pension or allowance.
20
4 After subsection 1061Q(3C)
21
Insert:
22
(3D) Subsection (3C) applies to a person who:
23
(a) has been receiving a youth allowance while the person:
24
(i) has had a partial capacity to work; and
25
(ii) has not been undertaking full-time study; and
26
(iii) has not been a new apprentice; or
27
(b) has been receiving a newstart allowance while the person has
28
had a partial capacity to work;
29
as if the person had been receiving a disability support pension.
30
Note 1:
For partial capacity to work see section 16B.
31
Note 2:
For undertaking full-time study see section 541B.
32
Note 3:
For new apprentice see subsection 23(1).
33
(3E) Subsection (3C) applies to a person who:
34
(a) has been receiving a youth allowance while the person:
35
Telephone allowance Schedule 14
Amendments commencing on 1 July 2006 Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 183
(i) has been the principal carer of at least one child; and
1
(ii) has not been a member of a couple; and
2
(iii) has not had a partial capacity to work; and
3
(iv) has not been undertaking full-time study; and
4
(v) has not been a new apprentice; or
5
(b) has been receiving a newstart allowance while the person:
6
(i) has been the principal carer of at least one child; and
7
(ii) has not been a member of a couple; and
8
(iii) has not had a partial capacity to work;
9
as if the person had been receiving pension PP (single).
10
Note 1:
For principal carer see subsections 5(15) to (24).
11
Note 2:
For partial capacity to work see section 16B.
12
Note 3:
For undertaking full-time study see section 541B.
13
Note 4:
For new apprentice see subsection 23(1).
14
5 After subsection 1061Q(3G)
15
Insert:
16
(3H) Subsection (3G) applies to a person who:
17
(a) has been receiving youth allowance while the person:
18
(i) has been the principal carer of at least one child; and
19
(ii) has been a member of a couple; and
20
(iii) has not been undertaking full-time study; and
21
(iv) has not been a new apprentice; or
22
(b) has been receiving newstart allowance while the person:
23
(i) has been the principal carer of at least one child; and
24
(ii) has been a member of a couple;
25
as if the person had been receiving partner allowance or benefit PP
26
(partnered).
27
Note 1:
For principal carer see subsections 5(15) to (24).
28
Note 2:
For undertaking full-time study see section 541B.
29
Note 3:
For new apprentice see subsection 23(1).
30
6 Subsection 1061Q(4)
31
After "paragraph", insert "(2B)(f),".
32
Schedule 15 Concession cards
184 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 15--Concession cards
2
3
Social Security Act 1991
4
1 After subsection 1061ZA(2)
5
Insert:
6
(2A) Subject to subsection (3), a person is qualified for a pensioner
7
concession card on a day if, on that day:
8
(a) the person is receiving a youth allowance; and
9
(b) the person is not undertaking full-time study and is not a new
10
apprentice; and
11
(c)
the
person:
12
(i) has a partial capacity to work; or
13
(ii) is the principal carer of at least one child and is not a
14
member of a couple.
15
Note 1:
For undertaking full-time study see section 541B.
16
Note 2:
For new apprentice see subsection 23(1).
17
Note 3:
For partial capacity to work see section 16B.
18
Note 4:
For principal carer see subsections 5(15) to (24).
19
(2B) Subject to subsection (3), a person is qualified for a pensioner
20
concession card on a day if, on that day:
21
(a) the person is receiving a newstart allowance; and
22
(b)
the
person:
23
(i) has a partial capacity to work; or
24
(ii) is the principal carer of at least one child and is not a
25
member of a couple; and
26
(c) the person is not qualified for a pensioner concession card
27
under subsection (2).
28
Note 1:
For partial capacity to work see section 16B.
29
Note 2:
For principal carer see subsections 5(15) to (24).
30
2 Subsection 1061ZA(3)
31
Omit "subsections (1) and (2)", substitute "subsections (1), (2), (2A)
32
and (2B)".
33
Concession cards Schedule 15
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 185
3 Subsection 1061ZA(4)
1
Omit "subsections (1) and (2)", substitute "subsections (1), (2), (2A)
2
and (2B)".
3
4 After paragraph 1061ZC(1)(c)
4
Insert:
5
and (ca) the person did not become qualified under section 1061ZEB
6
for a pensioner concession card because of that employment
7
or increase in ordinary income;
8
5 Subsection 1061ZD(1)
9
Omit "subsection (5)", substitute "subsections (5), (5A) and (7)".
10
6 After subsection 1061ZD(5)
11
Insert:
12
(5A) If, during the period of 52 weeks referred to in subsection (1), a
13
person receives an instalment of:
14
(a) a youth allowance while subsection 1061ZA(2A) applies to
15
the person; or
16
(b) a newstart allowance while subsection 1061ZA(2B) applies
17
to the person;
18
that relates to one or more days within that period, the person is not
19
qualified under this section for a pensioner concession card on the
20
day or days in relation to which the person receives the instalment.
21
7 At the end of section 1061ZD
22
Add:
23
(7) This section does not apply in any case where a person is qualified
24
for a pensioner concession card under section 1061ZEB.
25
8 Subsection 1061ZEA(1)
26
Omit "or 1061ZE", substitute ", 1061ZE or 1061ZEB".
27
9 Paragraph 1061ZEA(2)(f)
28
Omit "1061ZA(2)", substitute "1061ZA(2), (2A) or (2B)".
29
10 Subparagraph 1061ZEA(2)(g)(ii)
30
Schedule 15 Concession cards
186 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Omit "1061ZA(2)", substitute "1061ZA(2), (2A) or (2B)".
1
11 After section 1061ZEA
2
Insert:
3
1061ZEB Extended qualification rule: persons with a partial
4
capacity to work
5
(1) A person is qualified for a pensioner concession card for the period
6
of 52 weeks starting on the day on which this section begins to
7
apply to the person.
8
(2) Subject to subsection (3), this section applies to a person if:
9
(a)
either:
10
(i) the person has been receiving a youth allowance while
11
the person was not undertaking full-time study and was
12
not a new apprentice; or
13
(ii) the person has been receiving a newstart allowance; and
14
(b) because there is an increase in the person's ordinary income
15
from employment (and after any working credit balance of
16
the person is reduced to nil), the youth allowance or newstart
17
allowance ceases to be payable to the person; and
18
(c) at the time of the cessation the person:
19
(i) was qualified for a pensioner concession card because
20
of subsection 1061ZA(2A) or (2B); and
21
(ii) had a partial capacity to work.
22
Note 1:
For undertaking full-time study see section 541B.
23
Note 2:
For new apprentice see subsection 23(1).
24
Note 3:
For partial capacity to work see section 16B.
25
(3) This section only applies to a person while the person is in
26
Australia and is an Australian resident.
27
(4) If, during the period of 52 weeks referred to in subsection (1), a
28
person receives an instalment of:
29
(a) a youth allowance while subsection 1061ZA(2A) applies to
30
the person; or
31
(b) a newstart allowance while subsection 1061ZA(2B) applies
32
to the person; or
33
(c) a social security pension;
34
Concession cards Schedule 15
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 187
that relates to one or more days within that period, the person is not
1
qualified under this section for a pensioner concession card on the
2
day or days in relation to which the person receives the instalment.
3
12 Subsection 1061ZK(5)
4
After "to a person", insert "(other than a person who is qualified for a
5
pensioner concession card because of subsection 1061ZA(2A))".
6
13 After subsection 1061ZM(1B)
7
Insert:
8
(1BA) If the person:
9
(a) was an employment-affected person because of receiving
10
youth allowance or newstart allowance; and
11
(b) was, on the day on which the person ceased to be an
12
employment-affected person, the principal carer of at least
13
one child; and
14
(c) is qualified for a pensioner concession card under
15
section 1061ZEA until a day (the particular day);
16
subsection (1) has effect as if the reference to the period of 26
17
weeks starting on the day on which the person ceases to be an
18
employment-affected person were a reference to the period starting
19
on the particular day and ending 26 weeks after the person ceases
20
to be an employment-affected person.
21
Note: For
principal carer see subsections 5(15) to (24).
22
Schedule 16 Pension Rate Calculators
Part 1 Amendment of Pension Rate Calculator A
188 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 16--Pension Rate Calculators
2
Part 1--Amendment of Pension Rate Calculator A
3
Social Security Act 1991
4
1 Point 1064-A1 (method statement, after step 5)
5
Insert:
6
Note:
Module F contains provisions that may apply to working
7
out the ordinary income of a person, and the ordinary
8
income of a partner of the person, for the purposes of
9
disability support pension.
10
2 Point 1064-E1 (method statement, step 1, note)
11
Repeal the note, substitute:
12
Note 1:
For the treatment of the ordinary income of members of
13
a couple see point 1064-E2.
14
Note 2:
Module F contains provisions that may apply to working
15
out the ordinary income of a person, and the ordinary
16
income of a partner of the person, for the purposes of
17
disability support pension.
18
3 At the end of point 1064-E2
19
Add:
20
Note:
For the purposes of working out a person's disability support pension
21
rate under this Rate Calculator, Module F applies to working out the
22
ordinary incomes of both members of the couple.
23
4 Section 1064 (after Module E)
24
Insert:
25
Module F--Ordinary income for the purposes of disability
26
support pension
27
Application of this Module
28
1064-F1 This Module applies only for the purposes of working out the rate
29
of disability support pension payable to a person. It so applies to
30
Pension Rate Calculators Schedule 16
Amendment of Pension Rate Calculator A Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 189
that person and, if the person is a member of a couple, to the
1
person's partner.
2
Lump sum payments arising from termination of employment
3
1064-F2 Subject to points 1064-F3 to 1064-F14 (inclusive), if:
4
(a) a person's employment has been terminated; and
5
(b) as a result the person is entitled to a lump sum payment from
6
the person's former employer;
7
the person is taken to have received the lump sum payment on the
8
day on which the person's employment was terminated.
9
Rolling over lump sum payments
10
1064-F3
If:
11
(a) a person's employment has been terminated; and
12
(b) as a result the person is entitled to a lump sum termination
13
payment from the person's former employer; and
14
(c) the person rolls over the lump sum termination payment into
15
an approved deposit fund, a superannuation fund or a
16
deferred annuity;
17
the lump sum termination payment is to be disregarded in working
18
out the ordinary income of the person for the purposes of Module
19
E.
20
Certain leave payments taken to be ordinary income--employment
21
continuing
22
1064-F4
If:
23
(a) a person is employed; and
24
(b) the person is on leave for a period; and
25
(c) the person is or was entitled to receive a leave payment
26
(whether as a lump sum payment, as a payment that is one of
27
a series of regular payments or otherwise) in respect of a part
28
or all of a leave period;
29
the person is taken to have received ordinary income for a period
30
(the income maintenance period) equal to the leave period to
31
which the leave payment entitlement relates.
32
Schedule 16 Pension Rate Calculators
Part 1 Amendment of Pension Rate Calculator A
190 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Certain payments taken to be ordinary income--employment
1
terminated
2
1064-F5
If:
3
(a) a person's employment has been terminated; and
4
(b) the person receives a termination payment (whether as a
5
lump sum payment, as a payment that is one of a series of
6
regular payments or otherwise);
7
the person is taken to have received ordinary income for a period
8
(the income maintenance period) equal to the period to which the
9
payment relates.
10
More than one termination payment on a day
11
1064-F6
If:
12
(a) a person is covered by point 1064-F5; and
13
(b) the person receives more than one termination payment on a
14
day;
15
the income maintenance period is worked out by adding the
16
periods to which the payments relate.
17
Start of income maintenance period--employment continuing
18
1064-F7 If a person is covered by point 1064-F4, the income maintenance
19
period starts on the first day of the leave period to which the leave
20
payment entitlement relates.
21
Start of income maintenance period--employment terminated
22
1064-F8 If a person is covered by point 1064-F5, the income maintenance
23
period starts, subject to point 1064-F9, on the day on which the
24
person is paid the termination payment.
25
Commencement of income maintenance period where there is a
26
second termination payment
27
1064-F9
If:
28
(a) a person who is covered by point 1064-F5 is subject to an
29
income maintenance period (the first period); and
30
(b) the person is paid another termination payment during that
31
period (the second termination payment);
32
Pension Rate Calculators Schedule 16
Amendment of Pension Rate Calculator A Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 191
the income maintenance period for the second termination payment
1
starts on the day after the end of the first period.
2
Leave payments or termination payments in respect of periods
3
longer than a fortnight
4
1064-F10 If:
5
(a) a person receives a leave payment or termination payment;
6
and
7
(b) the payment is in respect of a period longer than a fortnight;
8
the person is taken to receive in a payment fortnight or part of a
9
payment fortnight an amount calculated by:
10
(c) dividing the amount received by the number of days in the
11
period to which the payment relates (the daily rate); and
12
(d) multiplying the daily rate by the number of days in the
13
payment fortnight that are also in the period.
14
1064-F11 If the Secretary is satisfied that a person is in severe financial
15
hardship because the person has incurred unavoidable or
16
reasonable expenditure while an income maintenance period
17
applies to the person, the Secretary may determine that the whole,
18
or any part, of the period does not apply to the person.
19
Note 1:
For in severe financial hardship see subsection 19C(2) (person who
20
is not a member of a couple) and subsection 19C(3) (person who is a
21
member of a couple).
22
Note 2:
For unavoidable or reasonable expenditure see subsection 19C(4).
23
Note 3:
If an income maintenance period applies to a person, then, during that
24
period:
25
(a)
the pension claimed may not be payable to the person; or
26
(b)
the amount of the pension payable to the person may be reduced.
27
When a person receives a leave payment or a termination payment
28
1064-F12 For the purposes of points 1064-F3 to 1064-F11 (inclusive), a
29
person (the first person) is taken to receive a leave payment or
30
termination payment if:
31
(a) the payment is made to another person:
32
(i) at the direction of the first person or a court; or
33
(ii) on behalf of the first person; or
34
(iii) for the benefit of the first person; or
35
Schedule 16 Pension Rate Calculators
Part 1 Amendment of Pension Rate Calculator A
192 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(b) the first person waives or assigns his or her right to receive
1
the payment.
2
Single payment in respect of different kinds of termination
3
payments
4
1064-F13 If a person who is covered by point 1064-F5 receives a single
5
payment in respect of different kinds of termination payments,
6
then, for the purposes of the application of points 1064-F3 to
7
1064-F12 (inclusive):
8
(a) each part of the payment that is in respect of a different kind
9
of termination payment is taken to be a separate payment;
10
and
11
(b) the income maintenance period in respect of the single
12
payment is worked out by adding the periods to which the
13
separate payments relate.
14
Definitions
15
1064-F14 In this Module:
16
leave payment includes a payment in respect of sick leave, annual
17
leave, maternity leave and long service leave.
18
payment fortnight means a fortnight in respect of which a
19
disability support pension is paid, or would be paid apart from the
20
application of an income maintenance period, to a person.
21
period to which the payment relates means:
22
(a) if the payment is a leave payment--the leave period to which
23
the payment relates; or
24
(b) if the payment is a redundancy payment and is calculated as
25
an amount equivalent to an amount of ordinary income that
26
the person would (but for the redundancy) have received
27
from the employment that was terminated--the period for
28
which the person would have received that amount of
29
ordinary income; or
30
(c) if the payment is a redundancy payment and paragraph (b)
31
does not apply--the period of weeks (rounded down to the
32
nearest whole number) in respect of which the person would
33
have received ordinary income, from the employment that
34
was terminated, of an amount equal to the amount of the
35
redundancy payment if:
36
Pension Rate Calculators Schedule 16
Amendment of Pension Rate Calculator A Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 193
(i) the person's employment had continued; and
1
(ii) the person received ordinary income from the
2
employment at the rate per week at which the person
3
usually received ordinary income from the employment
4
prior to the termination.
5
redundancy payment does not include a qualifying eligible
6
termination payment within the meaning of Subdivision AA of
7
Division 2 of Part III of the Income Tax Assessment Act 1936.
8
roll-over, in relation to a lump sum leave payment or a lump sum
9
redundancy payment, has the meaning that roll-over has in
10
section 27D of the Income Tax Assessment Act 1936 in relation to
11
an eligible termination payment.
12
termination payment means:
13
(a) a leave payment relating to a person's employment that has
14
been terminated; or
15
(b) a redundancy payment.
16
Schedule 16 Pension Rate Calculators
Part 2 Amendment of Pension Rate Calculator D
194 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 2--Amendment of Pension Rate Calculator D
2
Social Security Act 1991
3
5 Point 1066A-A1 (method statement, after step 5)
4
Insert:
5
Note:
Module G contains provisions that may apply to working
6
out, under this Rate Calculator, the ordinary income of a
7
person, and the ordinary income of a partner of the
8
person.
9
6 Point 1066A-F1 (method statement, step 1, note)
10
Repeal the note, substitute:
11
Note 1:
For the treatment of the ordinary income of members of
12
a couple see point 1066A-F2.
13
Note 2:
Module G contains provisions that may apply to working
14
out, under this Rate Calculator, the ordinary income of a
15
person, and the ordinary income of a partner of the
16
person.
17
7 Section 1066A (after Module F)
18
Insert:
19
Module G--Payments taken to be ordinary income
20
Application of this Module
21
1066A-G1 This Module applies to a person and, if the person is a member of a
22
couple, the person's partner.
23
Lump sum payments arising from termination of employment
24
1066A-G2 Subject to points 1066A-G3 to 1066A-G14 (inclusive), if:
25
(a) a person's employment has been terminated; and
26
(b) as a result the person is entitled to a lump sum payment from
27
the person's former employer;
28
the person is taken to have received the lump sum payment on the
29
day on which the person's employment was terminated.
30
Pension Rate Calculators Schedule 16
Amendment of Pension Rate Calculator D Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 195
Rolling over lump sum payments
1
1066A-G3 If:
2
(a) a person's employment has been terminated; and
3
(b) as a result the person is entitled to a lump sum termination
4
payment from the person's former employer; and
5
(c) the person rolls over the lump sum termination payment into
6
an approved deposit fund, a superannuation fund or a
7
deferred annuity;
8
the lump sum termination payment is to be disregarded in working
9
out the ordinary income of the person for the purposes of Module
10
F.
11
Certain leave payments taken to be ordinary income--employment
12
continuing
13
1066A-G4 If:
14
(a) a person is employed; and
15
(b) the person is on leave for a period; and
16
(c) the person is or was entitled to receive a leave payment
17
(whether as a lump sum payment, as a payment that is one of
18
a series of regular payments or otherwise) in respect of a part
19
or all of a leave period;
20
the person is taken to have received ordinary income for a period
21
(the income maintenance period) equal to the leave period to
22
which the leave payment entitlement relates.
23
Certain payments taken to be ordinary income--employment
24
terminated
25
1066A-G5 If:
26
(a) a person's employment has been terminated; and
27
(b) the person receives a termination payment (whether as a
28
lump sum payment, as a payment that is one of a series of
29
regular payments or otherwise);
30
the person is taken to have received ordinary income for a period
31
(the income maintenance period) equal to the period to which the
32
payment relates.
33
Schedule 16 Pension Rate Calculators
Part 2 Amendment of Pension Rate Calculator D
196 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
More than one termination payment on a day
1
1066A-G6 If:
2
(a) a person is covered by point 1066A-G5; and
3
(b) the person receives more than one termination payment on a
4
day;
5
the income maintenance period is worked out by adding the
6
periods to which the payments relate.
7
Start of income maintenance period--employment continuing
8
1066A-G7 If a person is covered by point 1066A-G4, the income maintenance
9
period starts on the first day of the leave period to which the leave
10
payment entitlement relates.
11
Start of income maintenance period--employment terminated
12
1066A-G8 If a person is covered by point 1066A-G5, the income maintenance
13
period starts, subject to point 1066A-G9, on the day on which the
14
person is paid the termination payment.
15
Commencement of income maintenance period where there is a
16
second termination payment
17
1066A-G9 If:
18
(a) a person who is covered by point 1066A-G5 is subject to an
19
income maintenance period (the first period); and
20
(b) the person is paid another termination payment during that
21
period (the second termination payment);
22
the income maintenance period for the second termination payment
23
starts on the day after the end of the first period.
24
Leave payments or termination payments in respect of periods
25
longer than a fortnight
26
1066A-G10 If:
27
(a) a person receives a leave payment or termination payment;
28
and
29
(b) the payment is in respect of a period longer than a fortnight;
30
the person is taken to receive in a payment fortnight or part of a
31
payment fortnight an amount calculated by:
32
Pension Rate Calculators Schedule 16
Amendment of Pension Rate Calculator D Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 197
(c) dividing the amount received by the number of days in the
1
period to which the payment relates (the daily rate); and
2
(d) multiplying the daily rate by the number of days in the
3
payment fortnight that are also in the period.
4
1066A-G11 If the Secretary is satisfied that a person is in severe financial
5
hardship because the person has incurred unavoidable or
6
reasonable expenditure while an income maintenance period
7
applies to the person, the Secretary may determine that the whole,
8
or any part, of the period does not apply to the person.
9
Note 1:
For in severe financial hardship see subsection 19C(2) (person who
10
is not a member of a couple) and subsection 19C(3) (person who is a
11
member of a couple).
12
Note 2:
For unavoidable or reasonable expenditure see subsection 19C(4).
13
Note 3:
If an income maintenance period applies to a person, then, during that
14
period:
15
(a)
the pension claimed may not be payable to the person; or
16
(b)
the amount of the pension payable to the person may be reduced.
17
When a person receives a leave payment or a termination payment
18
1066A-G12 For the purposes of points 1066A-G3 to 1066A-G11 (inclusive), a
19
person (the first person) is taken to receive a leave payment or
20
termination payment if:
21
(a) the payment is made to another person:
22
(i) at the direction of the first person or a court; or
23
(ii) on behalf of the first person; or
24
(iii) for the benefit of the first person; or
25
(b) the first person waives or assigns his or her right to receive
26
the payment.
27
Single payment in respect of different kinds of termination
28
payments
29
1066A-G13 If a person who is covered by point 1066A-G5 receives a single
30
payment in respect of different kinds of termination payments,
31
then, for the purposes of the application of points 1066A-G3 to
32
1066A-G12 (inclusive):
33
(a) each part of the payment that is in respect of a different kind
34
of termination payment is taken to be a separate payment;
35
and
36
Schedule 16 Pension Rate Calculators
Part 2 Amendment of Pension Rate Calculator D
198 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(b) the income maintenance period in respect of the single
1
payment is worked out by adding the periods to which the
2
separate payments relate.
3
Definitions
4
1066A-G14 In this Module:
5
leave payment includes a payment in respect of sick leave, annual
6
leave, maternity leave and long service leave.
7
payment fortnight means a fortnight in respect of which a
8
disability support pension is paid, or would be paid apart from the
9
application of an income maintenance period, to a person.
10
period to which the payment relates means:
11
(a) if the payment is a leave payment--the leave period to which
12
the payment relates; or
13
(b) if the payment is a redundancy payment and is calculated as
14
an amount equivalent to an amount of ordinary income that
15
the person would (but for the redundancy) have received
16
from the employment that was terminated--the period for
17
which the person would have received that amount of
18
ordinary income; or
19
(c) if the payment is a redundancy payment and paragraph (b)
20
does not apply--the period of weeks (rounded down to the
21
nearest whole number) in respect of which the person would
22
have received ordinary income, from the employment that
23
was terminated, of an amount equal to the amount of the
24
redundancy payment if:
25
(i) the person's employment had continued; and
26
(ii) the person received ordinary income from the
27
employment at the rate per week at which the person
28
usually received ordinary income from the employment
29
prior to the termination.
30
redundancy payment does not include a qualifying eligible
31
termination payment within the meaning of Subdivision AA of
32
Division 2 of Part III of the Income Tax Assessment Act 1936.
33
roll-over, in relation to a lump sum leave payment or a lump sum
34
redundancy payment, has the meaning that roll-over has in
35
Pension Rate Calculators Schedule 16
Amendment of Pension Rate Calculator D Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 199
section 27D of the Income Tax Assessment Act 1936 in relation to
1
an eligible termination payment.
2
termination payment means:
3
(a) a leave payment relating to a person's employment that has
4
been terminated; or
5
(b) a redundancy payment.
6
8 Application provision
7
The amendments made by this Schedule apply in relation to claims for
8
social security payments made on or after 20 September 2006.
9
Schedule 17 Youth Allowance Rate Calculator
Part 1 Income test
200 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 17--Youth Allowance Rate
2
Calculator
3
Part 1--Income test
4
Social Security Act 1991
5
1 Point 1067G-H28
6
Omit "70%", substitute "60%".
7
2 Point 1067G-H28 (example)
8
Repeal the example, substitute:
9
Example:
10
Facts:
Alice's partner Martin has an ordinary income of $800. Assume that
11
the partner income free area under point 1067G-H26 is $640.
12
Result:
Martin's ordinary income exceeds the partner income free area.
13
Alice therefore has a partner income excess under point 1067G-H27
14
of:
15
$800 - $640
$160
=
16
Alice's partner income reduction under point 1067G-H28 is
17
therefore:
18
60%
$160
$96
×
=
19
3 Points 1067G-H32 and 1067G-H33
20
Repeal the points, substitute:
21
Lower range reduction
22
1067G-H32 The person's lower range reduction is an amount equal to 50% of
23
the part of the person's ordinary income excess that does not
24
exceed:
25
(a) if the person is undertaking full-time study at any time in the
26
fortnight in respect of which a youth allowance may be
27
payable--$80; or
28
(b) if the person is a new apprentice at any time in the fortnight
29
in respect of which a youth allowance may be payable--$80;
30
or
31
Youth Allowance Rate Calculator Schedule 17
Income test Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 201
(c)
otherwise--$188.
1
Upper range reduction
2
1067G-H33 The person's upper range reduction is an amount equal to 60% of
3
the part (if any) of the person's ordinary income excess that
4
exceeds:
5
(a) if the person is undertaking full-time study at any time in the
6
fortnight in respect of which a youth allowance may be
7
payable--$80; or
8
(b) if the person is a new apprentice at any time in the fortnight
9
in respect of which a youth allowance may be payable--$80;
10
or
11
(c)
otherwise--$188.
12
Schedule 17 Youth Allowance Rate Calculator
Part 2 Maximum basic rate
202 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 2--Maximum basic rate
2
Social Security Act 1991
3
4 Paragraph (b) of point 1067G-B1
4
After "Table BB", insert "or point 1067G-B3A".
5
5 After point 1067G-B3
6
Insert:
7
1067G-B3A Despite point 1067G-B3, if a person:
8
(a) is independent (see section 1067A) and is not a long term
9
income support student (see section 1067F); and
10
(b) is not a member of a couple; and
11
(c) has an exemption under section 542FA because of a
12
determination in relation to the person under subsection
13
542FA(3);
14
the person's maximum basic rate is the amount worked out as
15
follows:
16
Pension PP (Single) maximum basic amount
26
17
where:
18
pension PP (Single) maximum basic amount is the sum of:
19
(a) the amount that would have been the person's maximum
20
basic rate under Module B of the Pension PP (Single) Rate
21
Calculator if the person was receiving parenting payment;
22
and
23
(b) the amount that would have been the person's pension
24
supplement under Module BA of the Pension PP (Single)
25
Rate Calculator if the person was receiving parenting
26
payment.
27
Note 1:
A person's maximum basic rate under Module B of the Pension PP
28
(Single) Rate Calculator is indexed 6 monthly in line with increases in
29
Male Total Average Weekly Earnings (see section 1195).
30
Note 2:
A person's pension supplement amount under Module BA of the
31
Pension PP (Single) Rate Calculator is indexed 6 monthly in line with
32
CPI increases (see sections 1191 to 1194).
33
Youth Allowance Rate Calculator Schedule 17
Pharmaceutical allowance Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 203
1
Part 3--Pharmaceutical allowance
2
Social Security Act 1991
3
6 Point 1067G-C1
4
Repeal the point, substitute:
5
Qualification for pharmaceutical allowance
6
1067G-C1 Subject to points 1067G-C2 and 1067G-C2A, an amount by way of
7
pharmaceutical allowance is to be added to a person's maximum
8
basic rate if the person:
9
(a) has a partial capacity to work; or
10
(b) is the principal carer of at least one child and is not a member
11
of a couple; or
12
(c) has a temporary incapacity exemption under section 542A.
13
Note 1:
For partial capacity to work see section 16B.
14
Note 2:
For principal carer see subsections 5(15) to (24).
15
7 After point 1067G-C2
16
Insert:
17
No pharmaceutical allowance for full-time students and new
18
apprentices without temporary incapacity exemptions
19
1067G-C2A Pharmaceutical allowance is not to be added to a person's
20
maximum basic rate if the person:
21
(a) does not have a temporary incapacity exemption under
22
section 542A; and
23
(b) is undertaking full-time study or is a new apprentice.
24
Note 1:
For undertaking full-time study see section 541B.
25
Note 2:
For new apprentice see subsection 23(1).
26
Schedule 17 Youth Allowance Rate Calculator
Part 4 Youth disability supplement
204 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 4--Youth disability supplement
2
Social Security Act 1991
3
8 At the end of section 1067G
4
Add:
5
(3) The rate of a person's youth allowance is not to be more than the
6
rate at which the allowance would be payable to the person if the
7
person's rate were worked out using the Benefit Rate Calculator B
8
at the end of section 1068.
9
9 Point 1067G-A1 (method statement, after step 2)
10
Insert:
11
Step 2A. Work out the amount per fortnight (if any) for youth
12
disability supplement using Module D below.
13
10 Section 1067G (after Module C)
14
Insert:
15
Module D--Youth disability supplement
16
Youth disability supplement
17
1067G-D1 If a person:
18
(a) has a partial capacity to work; and
19
(b) has not turned 21;
20
an amount by way of youth disability supplement is to be added to
21
a person's rate. The rate of youth disability supplement is $92.40
22
per fortnight.
23
Note 1:
For partial capacity to work see section 16B.
24
Note 2:
The rate of youth disability supplement is adjusted annually in line
25
with CPI increases (see section 1198C).
26
11 Section 1190 (table item 4A)
27
Omit the table item, substitute:
28
Youth Allowance Rate Calculator Schedule 17
Youth disability supplement Part 4
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 205
Youth disability
supplement
4A.
Youth disability
supplement payable
to a disability
support pensioner,
or to a recipient of
youth allowance,
who is under 21
youth disability
supplement
[Pension Rate Calculator D--point
1066A-C1--the annual rate]
[Pension Rate Calculator E--point
1066B-C1--the annual rate]
[Youth Allowance Rate
Calculator--point 1067G-D1--the
fortnightly rate]
12 Section 1198C
1
Before "This Act", insert "(1)".
2
13 Section 1198C
3
After "disability supplement", insert "under Module C of Pension Rate
4
Calculator D or Module C of Pension Rate Calculator E".
5
14 At the end of section 1198C
6
Add:
7
(2) This Act (and any other Act that refers to this Act) has effect as if,
8
on 1 January each year, the current figure, as at that 1 January, was
9
substituted for the amount of the rate of the youth disability
10
supplement under Module D of the Youth Allowance Rate
11
Calculator.
12
Note: For
current figure see subsection 20(1).
13
Schedule 17 Youth Allowance Rate Calculator
Part 5 Exemption from parental means test
206 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 5--Exemption from parental means test
2
Social Security Act 1991
3
15 At the end of section 1067A
4
Add:
5
People with a partial capacity to work
6
(12) A person is independent if the person:
7
(a) has turned 16; and
8
(b) has a partial capacity to work; and
9
(c) is not undertaking full-time study and is not a new
10
apprentice.
11
Note 1:
For partial capacity to work see section 16B.
12
Note 2:
For undertaking full-time study see section 541B.
13
Note 3:
For new apprentice see subsection 23(1).
14
Youth Allowance Rate Calculator Schedule 17
Income maintenance periods Part 6
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 207
1
Part 6--Income maintenance periods
2
Social Security Act 1991
3
16 Point 1067G-H10
4
Omit "leave" (wherever occurring), substitute "termination".
5
Note:
The heading to point 1067G-H10 is altered by omitting "leave".
6
17 Paragraph (b) of point 1067G-H12
7
Omit "leave", substitute "termination".
8
Note:
The heading to point 1067G-H12 is replaced by the heading "Certain termination
9
payments taken to be ordinary income".
10
18 Point 1067G-H12
11
Omit "leave" (last occurring).
12
19 Paragraph (b) of point 1067G-H13
13
Omit "leave", substitute "termination".
14
Note:
The heading to point 1067G-H13 is altered by omitting "leave" and substituting
15
"termination".
16
20 Point 1067G-H13
17
Omit "leave" (last occurring).
18
21 Point 1067G-H14A
19
Omit "leave", substitute "termination".
20
22 Point 1067G-H14B
21
Omit "leave" (wherever occurring), substitute "termination".
22
Note:
The heading to point 1067G-H14B is altered by omitting "leave payment--employment
23
terminated" and substituting "termination payment".
24
23 Paragraph (a) of point 1067G-H15
25
After "leave payment", insert "or termination payment".
26
Note:
The heading to point 1067G-H15 is altered by inserting "or termination payments" after
27
"Leave payments".
28
Schedule 17 Youth Allowance Rate Calculator
Part 6 Income maintenance periods
208 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
24 Paragraphs (b), (c) and (d) of point 1067G-H15
1
Omit "of leave".
2
25 Point 1067G-H17
3
After "leave payment", insert "or termination payment".
4
Note:
The heading to point 1067G-H17 is altered by inserting "or a termination payment"
5
after "leave payment".
6
26 Point 1067G-H18
7
Omit "leave" (first occurring), substitute "termination payments".
8
Note:
The heading to point 1067G-H18 is altered by omitting "leave--employment
9
terminated" and substituting "termination payments".
10
27 Point 1067G-H18
11
Omit "leave" (second occurring), substitute "termination payment".
12
28 Point 1067G-H18
13
Omit "leave" (last occurring).
14
29 Point 1067G-H19
15
Insert:
16
period to which the payment relates means:
17
(a) if the payment is a leave payment--the leave period to which
18
the payment relates; or
19
(b) if the payment is a redundancy payment and is calculated as
20
an amount equivalent to an amount of ordinary income that
21
the person would (but for the redundancy) have received
22
from the employment that was terminated--the period for
23
which the person would have received that amount of
24
ordinary income; or
25
(c) if the payment is a redundancy payment and paragraph (b)
26
does not apply--the period of weeks (rounded down to the
27
nearest whole number) in respect of which the person would
28
have received ordinary income, from the employment that
29
was terminated, of an amount equal to the amount of the
30
redundancy payment if:
31
(i) the person's employment had continued; and
32
Youth Allowance Rate Calculator Schedule 17
Income maintenance periods Part 6
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 209
(ii) the person received ordinary income from the
1
employment at the rate per week at which the person
2
usually received ordinary income from the employment
3
prior to the termination.
4
30 Point 1067G-H19
5
Insert:
6
redundancy payment does not include a qualifying eligible
7
termination payment within the meaning of Subdivision AA of
8
Division 2 of Part III of the Income Tax Assessment Act 1936.
9
31 Point 1067G-H19 (definition of roll-over)
10
After "leave payment", insert "or lump sum redundancy payment".
11
32 Point 1067G-H19
12
Insert:
13
termination payment means:
14
(a) a leave payment relating to a person's employment that has
15
been terminated; or
16
(b) a redundancy payment.
17
Note:
The heading to point 1067G-H4 is replaced by the heading "Lump sum payments
18
arising from termination of employment".
19
33 Application
20
The amendments made by this Part apply in relation to claims for youth
21
allowance made on or after 20 September 2006.
22
Schedule 18 Austudy Payment Rate Calculator
Part 1 Income test
210 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 18--Austudy Payment Rate
2
Calculator
3
Part 1--Income test
4
Social Security Act 1991
5
1 Point 1067L-D27
6
Omit "70%", substitute "60%".
7
2 Point 1067L-D27 (example)
8
Repeal the example, substitute:
9
Example:
10
Facts:
Alice's partner Martin has an ordinary income of $800. Assume that
11
the partner income free area under point 1067L-D25 is $640.
12
Result:
Martin's ordinary income exceeds the partner income free area.
13
Alice therefore has a partner income excess under point 1067L-D26
14
of:
15
$800 - $640
$160
=
16
Alice's partner income reduction under point 1067L-D27 is
17
therefore:
18
60%
$160
$96
×
=
19
3 Point 1067L-D32
20
Omit "70%", substitute "60%".
21
Austudy Payment Rate Calculator Schedule 18
Income maintenance periods Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 211
1
Part 2--Income maintenance periods
2
Social Security Act 1991
3
4 Point 1067L-D4
4
Omit "leave" (wherever occurring), substitute "termination".
5
Note:
The heading to point 1067L-D4 is altered by omitting "leave".
6
5 Paragraph (b) of point 1067L-D6
7
Omit "leave", substitute "termination".
8
Note:
The heading to point 1067L-D6 is replaced by the heading "Certain termination
9
payments taken to be ordinary income".
10
6 Point 1067L-D6
11
Omit "leave" (last occurring).
12
7 Paragraph (b) of point 1067L-D7
13
Omit "leave", substitute "termination".
14
Note:
The heading to point 1067L-D7 is altered by omitting "leave" and substituting
15
"termination".
16
8 Point 1067L-D7
17
Omit "leave" (last occurring).
18
9 Point 1067L-D9
19
Omit "leave", substitute "termination".
20
10 Point 1067L-D10
21
Omit "leave" (wherever occurring), substitute "termination".
22
Note:
The heading to point 1067L-D10 is altered by omitting "leave payment--employment
23
terminated" and substituting "termination payment".
24
11 Paragraph (a) of point 1067L-D11
25
After "leave payment", insert "or termination payment".
26
Note:
The heading to point 1067L-D11 is altered by inserting "or termination payments" after
27
"Leave payments".
28
Schedule 18 Austudy Payment Rate Calculator
Part 2 Income maintenance periods
212 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
12 Paragraphs (b), (c) and (d) of point 1067L-D11
1
Omit "of leave".
2
13 Point 1067L-D13
3
After "leave payment", insert "or termination payment".
4
Note:
The heading to point 1067L-D13 is altered by inserting "or a termination payment"
5
after "leave payment".
6
14 Point 1067L-D14
7
Omit "leave", substitute "termination payments".
8
Note:
The heading to point 1067L-D14 is altered by omitting "leave--employment
9
terminated" and substituting "termination payments".
10
15 Paragraph (a) of point 1067L-D14
11
Omit "leave", substitute "termination payment".
12
16 Paragraph (b) of point 1067L-D14
13
Omit "leave".
14
17 Point 1067L-D15
15
Insert:
16
period to which the payment relates means:
17
(a) if the payment is a leave payment--the leave period to which
18
the payment relates; or
19
(b) if the payment is a redundancy payment and is calculated as
20
an amount equivalent to an amount of ordinary income that
21
the person would (but for the redundancy) have received
22
from the employment that was terminated--the period for
23
which the person would have received that amount of
24
ordinary income; or
25
(c) if the payment is a redundancy payment and paragraph (b)
26
does not apply--the period of weeks (rounded down to the
27
nearest whole number) in respect of which the person would
28
have received ordinary income, from the employment that
29
was terminated, of an amount equal to the amount of the
30
redundancy payment if:
31
(i) the person's employment had continued; and
32
Austudy Payment Rate Calculator Schedule 18
Income maintenance periods Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 213
(ii) the person received ordinary income from the
1
employment at the rate per week at which the person
2
usually received ordinary income from the employment
3
prior to the termination.
4
18 Point 1067L-D15
5
Insert:
6
redundancy payment does not include a qualifying eligible
7
termination payment within the meaning of Subdivision AA of
8
Division 2 of Part III of the Income Tax Assessment Act 1936.
9
19 Point 1067L-D15 (definition of roll-over)
10
After "leave payment", insert "or lump sum redundancy payment".
11
20 Point 1067L-D15
12
Insert:
13
termination payment means:
14
(a) a leave payment relating to a person's employment that has
15
been terminated; or
16
(b) a redundancy payment.
17
Note:
The heading to point 1067L-D3 is replaced by the heading "Lump sum payments arising
18
from termination of employment".
19
21 Application provision
20
The amendments made by this Part apply in relation to claims for
21
austudy payment made on or after 20 September 2006.
22
Schedule 19 Benefit Rate Calculator B
Part 1 Income test
214 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Schedule 19--Benefit Rate Calculator B
2
Part 1--Income test
3
Social Security Act 1991
4
1 Point 1068-G11
5
Omit "70%", substitute "60%".
6
2 Point 1068-G11 (example)
7
Repeal the example, substitute:
8
Example:
9
Facts:
Susan's partner Colin has an ordinary income of $800. Assume that
10
the partner income free area under point 1068-G9 is $640.
11
Application: Colin's ordinary income exceeds the partner income free area. He
12
therefore has a partner income excess under point 1068-G10 of:
13
$800 - $640
$160
=
14
Susan's partner income reduction under point 1068-G11 is therefore:
15
60%
$160
$96
×
=
16
3 Point 1068-G15
17
Omit "$80", substitute "$188".
18
4 Point 1068-G16
19
Omit "70%", substitute "60%".
20
5 Point 1068-G16
21
Omit "$80", substitute "$188".
22
Benefit Rate Calculator B Schedule 19
Maximum basic rate for certain newstart allowance recipients Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 215
1
Part 2--Maximum basic rate for certain newstart
2
allowance recipients
3
Social Security Act 1991
4
6 At the end of point 1068-B1
5
Add:
6
Note 8:
Some recipients of newstart allowance have a maximum basic rate
7
based on the maximum basic rate under the Pension PP (Single) Rate
8
Calculator (see point 1068-B5).
9
7 After point 1068-B4
10
Insert in Module C:
11
Maximum basic rate for certain newstart allowance recipients
12
1068-B5 Despite point 1068-B1, if a person:
13
(a) is not a member of a couple; and
14
(b) receives newstart allowance; and
15
(c) is not required to satisfy the activity test because of a
16
determination in relation to the person under subsection
17
602C(3);
18
the person's maximum basic rate is the amount worked out as
19
follows:
20
Pension PP (Single) maximum basic amount
26
21
where:
22
pension PP (Single) maximum basic amount is the sum of:
23
(a) the amount that would have been the person's maximum
24
basic rate under Module B of the Pension PP (Single) Rate
25
Calculator if the person was receiving parenting payment;
26
and
27
(b) the amount that would have been the person's pension
28
supplement under Module BA of the Pension PP (Single)
29
Rate Calculator if the person was receiving parenting
30
payment.
31
Schedule 19 Benefit Rate Calculator B
Part 2 Maximum basic rate for certain newstart allowance recipients
216 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Note 1:
A person's maximum basic rate under Module B of the Pension PP
1
(Single) Rate Calculator is indexed 6 monthly in line with increases in
2
Male Total Average Weekly Earnings (see section 1195).
3
Note 2:
A person's pension supplement amount under Module BA of the
4
Pension PP (Single) Rate Calculator is indexed 6 monthly in line with
5
CPI increases (see sections 1191 to 1194).
6
Benefit Rate Calculator B Schedule 19
Pharmaceutical allowance Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 217
1
Part 3--Pharmaceutical allowance
2
Social Security Act 1991
3
8 Subparagraph (c)(ii) of point 1068-D1
4
Repeal the subparagraph, substitute:
5
(ii) the person is receiving widow allowance, newstart
6
allowance or partner allowance and point 1068-D2,
7
1068-D2A, 1068-D2B or 1068-D3 applies to the person.
8
9 After point 1068-D2A
9
Insert:
10
Newstart recipients who have a partial capacity to work or are
11
principal carers
12
1068-D2B This point applies to a person who is receiving newstart allowance
13
if the person:
14
(a) has a partial capacity to work; or
15
(b) is the principal carer of at least one child and is not a member
16
of a couple.
17
Note 1:
For partial capacity to work see section 16B.
18
Note 2:
For principal carer see subsections 5(15) to (24).
19
Schedule 19 Benefit Rate Calculator B
Part 4 Income maintenance periods
218 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 4--Income maintenance periods
2
Social Security Act 1991
3
10 Point 1068-G7AF
4
Omit "leave" (wherever occurring), substitute "termination".
5
Note:
The heading to point 1068-G7AF is altered by omitting "leave".
6
11 Paragraph (b) of point 1068-G7AH
7
Omit "leave", substitute "termination".
8
Note:
The heading to point 1068-G7AH is replaced by the heading "Certain termination
9
payments taken to be ordinary income".
10
12 Point 1068-G7AH
11
Omit "leave" (last occurring).
12
13 Paragraph (b) of point 1068-G7AJ
13
Omit "leave", substitute "termination".
14
Note:
The heading to point 1068-G7AJ is altered by omitting "leave" and substituting
15
"termination".
16
14 Point 1068-G7AJ
17
Omit "leave" (last occurring).
18
15 Point 1068-G7AKA
19
Omit "leave", substitute "termination".
20
16 Point 1068-G7AKB
21
Omit "leave" (wherever occurring), substitute "termination".
22
Note:
The heading to point 1068-G7AKB is altered by omitting "leave payment--employment
23
terminated" and substituting "termination payment".
24
17 Paragraph (a) of point 1068-G7AL
25
After "leave payment", insert "or termination payment".
26
Note:
The heading to point 1068-G7AL is altered by inserting "or termination payments" after
27
"Leave payments".
28
Benefit Rate Calculator B Schedule 19
Income maintenance periods Part 4
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 219
18 Paragraphs (b), (c) and (d) of point 1068-G7AL
1
Omit "of leave".
2
19 Point 1068-G7AN
3
After "leave payment", insert "or termination payment".
4
Note:
The heading to point 1068-G7AN is altered by inserting "or a termination payment"
5
after "leave payment".
6
20 Point 1068-G7AP
7
Omit "leave" (first occurring), substitute "termination payments".
8
Note:
The heading to point 1068-G7AP is altered by omitting "leave--employment
9
terminated" and substituting "termination payments".
10
21 Point 1068-G7AP
11
Omit "leave" (second occurring), substitute "termination payment".
12
22 Point 1068-G7AP
13
Omit "leave" (last occurring).
14
23 Point 1068-G7AQ
15
Insert:
16
period to which the payment relates means:
17
(a) if the payment is a leave payment--the leave period to which
18
the payment relates; or
19
(b) if the payment is a redundancy payment and is calculated as
20
an amount equivalent to an amount of ordinary income that
21
the person would (but for the redundancy) have received
22
from the employment that was terminated--the period for
23
which the person would have received that amount of
24
ordinary income; or
25
(c) if the payment is a redundancy payment and paragraph (b)
26
does not apply--the period of weeks (rounded down to the
27
nearest whole number) in respect of which the person would
28
have received ordinary income, from the employment that
29
was terminated, of an amount equal to the amount of the
30
redundancy payment if:
31
(i) the person's employment had continued; and
32
Schedule 19 Benefit Rate Calculator B
Part 4 Income maintenance periods
220 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(ii) the person received ordinary income from the
1
employment at the rate per week at which the person
2
usually received ordinary income from the employment
3
prior to the termination.
4
24 Point 1068-G7AQ
5
Insert:
6
redundancy payment does not include a qualifying eligible
7
termination payment within the meaning of Subdivision AA of
8
Division 2 of Part III of the Income Tax Assessment Act 1936.
9
25 Point 1068-G7AQ (definition of roll-over)
10
After "leave payment", insert "or lump sum redundancy payment".
11
26 Point 1068-G7AQ
12
Insert:
13
termination payment means:
14
(a) a leave payment relating to a person's employment that has
15
been terminated; or
16
(b) a redundancy payment.
17
Note:
The heading to point 1068-G7 is replaced by the heading "Lump sum payments arising
18
from termination of employment".
19
27 Application
20
The amendments made by this Part apply in relation to claims for the
21
following types of payments made on or after 20 September 2006:
22
(a)
newstart
allowance;
23
(b)
sickness
allowance;
24
(c)
partner
allowance;
25
(d) mature age allowance;
26
(e)
widow
allowance.
27
Parenting Payment Rate Calculators Schedule 20
Income test Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 221
1
Schedule 20--Parenting Payment Rate
2
Calculators
3
Part 1--Income test
4
Social Security Act 1991
5
1 Point 1068B-D24
6
Omit "70%", substitute "60%".
7
2 Point 1068B-D30
8
Omit "$183", substitute "$188".
9
3 Point 1068B-D31
10
Omit "70%", substitute "60%".
11
4 Point 1068B-D31
12
Omit "$183", substitute "$188".
13
Schedule 20 Parenting Payment Rate Calculators
Part 2 Income maintenance periods
222 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 2--Income maintenance periods
2
Social Security Act 1991
3
5 Point 1068A-E2
4
Omit "leave" (wherever occurring), substitute "termination".
5
Note:
The heading to point 1068A-E2 is altered by omitting "leave".
6
6 Paragraph (b) of point 1068A-E4
7
Omit "leave", substitute "termination".
8
Note:
The heading to point 1068A-E4 is replaced by the heading "Certain termination
9
payments taken to be ordinary income".
10
7 Point 1068A-E4
11
Omit "leave" (last occurring).
12
8 Paragraph (b) of point 1068A-E5
13
Omit "leave", substitute "termination".
14
Note:
The heading to point 1068A-E5 is altered by omitting "leave" and substituting
15
"termination".
16
9 Point 1068A-E5
17
Omit "leave" (last occurring).
18
10 Point 1068A-E7
19
Omit "leave", substitute "termination".
20
11 Point 1068A-E8
21
Omit "leave" (wherever occurring), substitute "termination".
22
Note:
The heading to point 1068A-E8 is altered by omitting "leave payment--employment
23
terminated" and substituting "termination payment".
24
12 Point 1068A-E10
25
After "leave payment", insert "or termination payment".
26
Note:
The heading to point 1068A-E10 is altered by inserting "or a termination payment"
27
after "leave payment".
28
Parenting Payment Rate Calculators Schedule 20
Income maintenance periods Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 223
13 Point 1068A-E11
1
Omit "leave" (first occurring), substitute "termination payments".
2
Note:
The heading to point 1068A-E11 is altered by omitting "leave--employment
3
terminated" and substituting "termination payments".
4
14 Point 1068A-E11
5
Omit "leave" (second occurring), substitute "termination payment".
6
15 Point 1068A-E11
7
Omit "leave" (last occurring).
8
16 Point 1068A-E12
9
Insert:
10
period to which the payment relates means:
11
(a) if the payment is a leave payment--the leave period to which
12
the payment relates; or
13
(b) if the payment is a redundancy payment and is calculated as
14
an amount equivalent to an amount of ordinary income that
15
the person would (but for the redundancy) have received
16
from the employment that was terminated--the period for
17
which the person would have received that amount of
18
ordinary income; or
19
(c) if the payment is a redundancy payment and paragraph (b)
20
does not apply--the period of weeks (rounded down to the
21
nearest whole number) in respect of which the person would
22
have received ordinary income, from the employment that
23
was terminated, of an amount equal to the amount of the
24
redundancy payment if:
25
(i) the person's employment had continued; and
26
(ii) the person received ordinary income from the
27
employment at the rate per week at which the person
28
usually received ordinary income from the employment
29
prior to the termination.
30
17 Point 1068A-E12
31
Insert:
32
Schedule 20 Parenting Payment Rate Calculators
Part 2 Income maintenance periods
224 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
redundancy payment does not include a qualifying eligible
1
termination payment within the meaning of Subdivision AA of
2
Division 2 of Part III of the Income Tax Assessment Act 1936.
3
18 Point 1068A-E12 (definition of roll-over)
4
After "leave payment", insert "or lump sum redundancy payment".
5
19 Point 1068A-E12
6
Insert:
7
termination payment means:
8
(a) a leave payment relating to a person's employment that has
9
been terminated; or
10
(b) a redundancy payment.
11
20 Point 1068B-D8
12
Omit "leave" (wherever occurring), substitute "termination".
13
Note:
The heading to point 1068B-D8 is altered by omitting "leave".
14
21 Paragraph (b) of point 1068B-D10
15
Omit "leave", substitute "termination".
16
Note:
The heading to point 1068B-D10 is replaced by the heading "Certain termination
17
payments taken to be ordinary income".
18
22 Point 1068B-D10
19
Omit "leave" (last occurring).
20
23 Paragraph (b) of point 1068B-D11
21
Omit "leave", substitute "termination".
22
Note:
The heading to point 1068B-D11 is altered by omitting "leave" and substituting
23
"termination".
24
24 Point 1068B-D11
25
Omit "leave" (last occurring).
26
25 Point 1068B-D13
27
Omit "leave", substitute "termination".
28
26 Point 1068B-D14
29
Parenting Payment Rate Calculators Schedule 20
Income maintenance periods Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 225
Omit "leave" (wherever occurring), substitute "termination".
1
Note:
The heading to point 1068B-D14 is altered by omitting "leave payment--employment
2
terminated" and substituting "termination payment".
3
27 Point 1068B-D16
4
After "leave payment", insert "or termination payment".
5
Note:
The heading to point 1068B-D16 is altered by inserting "or a termination payment"
6
after "leave payment".
7
28 Point 1068B-D17
8
Omit "leave" (first occurring), substitute "termination payments".
9
Note:
The heading to point 1068B-D17 is altered by omitting "leave--employment
10
terminated" and substituting "termination payments".
11
29 Point 1068B-D17
12
Omit "leave" (second occurring), substitute "termination payment".
13
30 Point 1068B-D17
14
Omit "leave" (last occurring).
15
31 Point 1068B-D18
16
Insert:
17
period to which the payment relates means:
18
(a) if the payment is a leave payment--the leave period to which
19
the payment relates; or
20
(b) if the payment is a redundancy payment and is calculated as
21
an amount equivalent to an amount of ordinary income that
22
the person would (but for the redundancy) have received
23
from the employment that was terminated--the period for
24
which the person would have received that amount of
25
ordinary income; or
26
(c) if the payment is a redundancy payment and paragraph (b)
27
does not apply--the period of weeks (rounded down to the
28
nearest whole number) in respect of which the person would
29
have received ordinary income, from the employment that
30
was terminated, of an amount equal to the amount of the
31
redundancy payment if:
32
(i) the person's employment had continued; and
33
Schedule 20 Parenting Payment Rate Calculators
Part 2 Income maintenance periods
226 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(ii) the person received ordinary income from the
1
employment at the rate per week at which the person
2
usually received ordinary income from the employment
3
prior to the termination.
4
32 Point 1068B-D18
5
Insert:
6
redundancy payment does not include a qualifying eligible
7
termination payment within the meaning of Subdivision AA of
8
Division 2 of Part III of the Income Tax Assessment Act 1936.
9
33 Point 1068B-D18 (definition of roll-over)
10
After "leave payment", insert "or lump sum redundancy payment".
11
34 Point 1068B-D18
12
Insert:
13
termination payment means:
14
(a) a leave payment relating to a person's employment that has
15
been terminated; or
16
(b) a redundancy payment.
17
Note:
The heading to point 1068B-D7 is replaced by the heading "Lump sum payments arising
18
from termination of employment".
19
35 Application provision
20
The amendments made by this Part apply in relation to claims for
21
parenting payment made on or after 20 September 2006.
22
Overpayments and debt recovery Schedule 21
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 227
1
Schedule 21--Overpayments and debt
2
recovery
3
4
Social Security Act 1991
5
1 At the end of subsection 1222(2)
6
Add:
7
Note:
An additional 10% penalty is payable in some cases: see
8
section 1228B.
9
2 After section 1228A
10
Insert:
11
1228B Additional 10% penalty for understatement etc. of income
12
(1) An amount by way of penalty is added to a debt due to the
13
Commonwealth under this Chapter by a person in relation to a
14
social security payment if:
15
(a) at the time the payment was made, the person:
16
(i) had attained the minimum age for youth allowance as
17
defined by section 543A; and
18
(ii) had not reached pension age; and
19
Note: For
pension age see subsections 23(5A), (5B), (5C) and (5D).
20
(b)
the
payment
was:
21
(i) a social security benefit; or
22
(ii) a disability support pension; or
23
(iii) a wife pension; or
24
(iv) a widow B pension; or
25
(v) a pension PP (single); and
26
(c) the debt arose wholly or partly because the person had:
27
(i) refused or failed to provide information in relation to
28
the person's income from personal exertion; or
29
(ii) knowingly or recklessly provided false or misleading
30
information in relation to the person's income from
31
personal exertion;
32
Schedule 21 Overpayments and debt recovery
228 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
when required, under a provision of the social security law,
1
to provide information in relation to the person's income
2
from personal exertion.
3
Note: For
income from personal exertion see subsection 8(1).
4
(2) The amount added by way of penalty is an amount equal to 10% of
5
so much of the debt as arose because the person refused or failed to
6
provide the information or provided the false or misleading
7
information.
8
(3) An amount worked out under subsection (2) must be rounded down
9
to the nearest 5 cents.
10
(4) This section does not apply if the Secretary is satisfied that the
11
person had a reasonable excuse for refusing or failing to provide
12
the information.
13
(5) This section does not apply in relation to a debt due to the
14
Commonwealth under section 1229A or 1229AB.
15
3 Application of section 1228B
16
Section 1228B of the Social Security Act 1991, as amended by this Act,
17
applies to:
18
(a) a debt that relates to a social security payment, of a kind
19
mentioned in paragraph 1228B(1)(b), that is made on or after
20
the commencement of this Schedule; and
21
(b)
a
debt:
22
(i) that relates to a social security payment of that kind that
23
was made before that commencement; and
24
(ii) in relation to which a notice is given under section 1229
25
after that commencement.
26
4 Section 1230B
27
Omit "and 1228", substitute ", 1228 and 1228B".
28
Administration Schedule 22
RapidConnect Part 1
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 229
1
Schedule 22--Administration
2
Part 1--RapidConnect
3
Social Security (Administration) Act 1999
4
1 At the end of paragraph 37(2)(b)
5
Add:
6
; or (vi) the operation of section 615 of the 1991 Act.
7
2 At the end of paragraph 37(6)(b)
8
Add:
9
; or (vi) if the claim is a claim for youth allowance--the
10
operation of section 547AA of the 1991 Act.
11
3 Subsection 63(1)
12
Repeal the subsection, substitute:
13
(1) This section applies to a person if:
14
(a) the person is receiving, or has made a claim for, a social
15
security payment; or
16
(b) the Department is contacted by or on behalf of the person in
17
relation to a claim for:
18
(i) if the person is not undertaking full-time study and is
19
not a new apprentice--a youth allowance; or
20
(ii) in any case--a newstart allowance;
21
to be paid to the person; or
22
(c) the person is the holder of, or has made a claim for, a
23
concession card.
24
However, this section does not apply to a person to whom
25
section 64 applies.
26
Note 1:
For undertaking full-time study see section 541B of the 1991 Act.
27
Note 2:
For new apprentice see subsection 23(1) of the 1991 Act.
28
4 Subsection 63(2)
29
Omit "give the person written notice", substitute "notify the person".
30
Schedule 22 Administration
Part 1 RapidConnect
230 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
5 Paragraph 63(4)(b)
1
Omit "gives the person a notice", substitute "notifies the person".
2
6 Paragraph 63(6)(b)
3
Omit "gives the person a notice", substitute "notifies the person".
4
7 Subsection 63(7)
5
Omit "give a person a notice", substitute "notify a person".
6
8 Subsection 63(11)
7
Omit "notice under subsection (2) or a notification under
8
subsection (3)", substitute "notification under subsection (2) or (3)".
9
9 At the end of section 80
10
Add:
11
(4) A reference in this section to a social security payment being, or
12
having been, paid includes a reference to:
13
(a) if the social security payment is a youth allowance--the
14
youth allowance being payable but for the operation of
15
section 547AA; or
16
(b) if the social security payment is a newstart allowance--the
17
newstart allowance being payable but for the operation of
18
section 615.
19
10 Subclause 5(2) of Schedule 2 (at the end of the definition
20
of exclusion period)
21
Add:
22
; and (e) if the payment is a youth allowance or newstart allowance--a
23
period during which the payment is not payable because of
24
the operation of section 547AA or 615 of the 1991 Act.
25
Administration Schedule 22
Disability support pension Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 231
1
Part 2--Disability support pension
2
Social Security (Administration) Act 1999
3
11 Paragraph 96(1)(a)
4
Omit "30", substitute "15".
5
12 After subsection 96(3)
6
Insert:
7
(3A)
If:
8
(a) the Secretary makes a determination under subsection (1) or
9
(3) suspending a person's disability support pension; and
10
(b) within 2 years from the date of effect of the determination,
11
the Secretary reconsiders the decision to suspend; and
12
(c) as a result of the reconsideration, the Secretary is satisfied
13
that the person is not receiving disability support pension that
14
is payable to the person;
15
the Secretary is to determine that the disability support pension is
16
payable to the person.
17
(3B) The reconsideration referred to in paragraph (3A)(b) may be a
18
reconsideration on an application under section 129 or a
19
reconsideration on the Secretary's own initiative.
20
Note:
The heading to section 96 is replaced by the heading "Disability support pension--
21
suspension instead of cancellation under section 93".
22
13 Paragraph 97(1)(a)
23
Omit "30", substitute "15".
24
14 After section 97
25
Insert:
26
97A Disability support pension--suspension instead of cancellation
27
under section 94 (person obtains work)
28
(1)
If:
29
Schedule 22 Administration
Part 2 Disability support pension
232 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) a person was receiving disability support pension as a result
1
of a claim made before 1 July 2006; and
2
(b) the person ceased to be qualified for disability support
3
pension because he or she obtained paid work that was for at
4
least 30 hours per week; and
5
(c) the person subsequently informs the Secretary that he or she
6
has obtained that work; and
7
(d) the person's disability support pension was cancelled under
8
section 94 because of that work; and
9
(e) within the period of 2 years and 14 days after the person
10
ceased to be qualified for the disability support pension, the
11
person ceases to do work of the kind referred to in
12
paragraph (b);
13
the Secretary may determine that:
14
(f) the person is to be treated as if section 94 had not applied to
15
the person's disability support pension; and
16
(g) the person's disability support pension is suspended from the
17
day on which the person ceased to be qualified for the
18
pension.
19
However, this subsection ceases to apply to a transitional DSP
20
applicant from the date of effect of the first decision about the
21
person's capacity to perform work made on or after 1 July 2006
22
following a review of the person's capacity to perform work.
23
(2)
If:
24
(a) subsection (1) does not apply, or has ceased to apply, to a
25
person; and
26
(b) the person ceased to be qualified for disability support
27
pension because he or she obtained paid work that is for at
28
least 15 hours per week; and
29
(c) the person subsequently informs the Secretary that he or she
30
has obtained that work; and
31
(d) the person's disability support pension was cancelled under
32
section 94 because of that work; and
33
(e) within the period of 2 years and 14 days after the person
34
ceased to be qualified for the disability support pension, the
35
person ceases to do work of the kind referred to in
36
paragraph (b);
37
the Secretary may determine that:
38
Administration Schedule 22
Disability support pension Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 233
(f) the person is to be treated as if section 94 had not applied to
1
the person's disability support pension; and
2
(g) the person's disability support pension is suspended from the
3
day on which the person ceased to be qualified for the
4
pension.
5
(3) Neither subsection (1) nor (2) applies to a person if:
6
(a) the Secretary gives written notice to the person that the
7
person is no longer qualified for disability support pension;
8
and
9
(b) the Secretary's notice is given before the person informs the
10
Secretary that the person has obtained work.
11
(4)
If:
12
(a) the Secretary makes a determination under subsection (1) or
13
(2) suspending a person's disability support pension; and
14
(b) the determination continues in force throughout the period
15
(or the balance of the period) of 2 years and 14 days after its
16
date of effect;
17
then, at the end of that period (or the balance of that period), the
18
determination granting the person disability support pension is, by
19
force of this subsection, revoked.
20
(5)
If:
21
(a) the Secretary makes a determination under subsection (1) or
22
(2) suspending a person's disability support pension; and
23
(b) the person's partner had ceased to be qualified for wife
24
pension or carer payment when the person ceased to be
25
qualified for disability support pension for the reason
26
mentioned in paragraph (1)(b) or (2)(b);
27
the Secretary may determine that the partner is to be treated as if
28
the partner's wife pension or carer payment, as the case may be,
29
had not been cancelled but had been suspended for the period of
30
the suspension of the person's disability support pension.
31
(6)
If:
32
(a) the Secretary makes a determination under subsection (1) or
33
(2) suspending a person's disability support pension; and
34
(b) within 2 years and 14 days from the date of effect of the
35
determination, the Secretary reconsiders the decision to
36
suspend; and
37
Schedule 22 Administration
Part 2 Disability support pension
234 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(c) as a result of the reconsideration, the Secretary is satisfied
1
that the person is not receiving disability support pension that
2
is payable to the person;
3
the Secretary is to determine that the disability support pension is
4
payable to the person.
5
(7) The reconsideration referred to in paragraph (6)(b) may be a
6
reconsideration on an application under section 129 or a
7
reconsideration on the Secretary's own initiative.
8
97B Disability support pension--suspension instead of cancellation
9
under section 94 (person's income)
10
(1)
If:
11
(a) disability support pension ceased to be payable to a person
12
because the rate of the pension was nil as a result of the
13
income, or increased income, earned by the person from his
14
or her employment; and
15
(b) the person subsequently informs the Secretary of that income
16
or increased income; and
17
(c) the person's disability support pension was cancelled under
18
section 94 because the pension ceased to be payable to the
19
person for the reason mentioned in paragraph (a); and
20
(d) within the period of 2 years and 14 days after the pension
21
ceased to be payable, the income the person earned from his
22
or her employment is reduced to a rate that would not
23
preclude the person from receiving disability support
24
pension;
25
the Secretary may determine that:
26
(e) the person is to be treated as if section 94 had not applied to
27
the person's disability support pension; and
28
(f) the person's disability support pension is suspended from the
29
day on which the pension ceased to be payable to the person.
30
(2) Subsection (1) does not apply to a person if:
31
(a) the Secretary gives written notice to the person that the
32
person is no longer qualified for disability support pension;
33
and
34
(b) the Secretary's notice is given before the person informs the
35
Secretary of the person's income or increased income.
36
Administration Schedule 22
Disability support pension Part 2
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 235
(3)
If:
1
(a) the Secretary makes a determination under subsection (1)
2
suspending a person's disability support pension; and
3
(b) the determination continues in force throughout the period
4
(or the balance of the period) of 2 years and 14 days after its
5
date of effect;
6
then, at the end of that period (or the balance of that period), the
7
determination granting the person disability support pension is, by
8
force of this subsection, revoked.
9
(4)
If:
10
(a) the Secretary makes a determination under subsection (1)
11
suspending a person's disability support pension; and
12
(b) the person's partner had ceased to be qualified for wife
13
pension or carer payment when disability support pension
14
ceased to be payable to the person for the reason mentioned
15
in paragraph (1)(a);
16
the Secretary may determine that the partner is to be treated as if
17
the partner's wife pension or carer payment, as the case may be,
18
had not been cancelled but had been suspended for the period of
19
the suspension of the person's disability support pension.
20
(5)
If:
21
(a) the Secretary makes a determination under subsection (1)
22
suspending a person's disability support pension; and
23
(b) within 2 years and 14 days from the date of effect of the
24
determination, the Secretary reconsiders the decision to
25
suspend; and
26
(c) as a result of the reconsideration, the Secretary is satisfied
27
that the person is not receiving disability support pension that
28
is payable to the person;
29
the Secretary is to determine that the disability support pension is
30
payable to the person.
31
(6) The reconsideration referred to in paragraph (5)(b) may be a
32
reconsideration on an application under section 129 or a
33
reconsideration on the Secretary's own initiative.
34
15 Application and transitional provisions--items 11 and 13
35
Schedule 22 Administration
Part 2 Disability support pension
236 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(1)
The amendments of the Social Security (Administration) Act 1999 made
1
by items 11 and 13 of this Schedule apply in relation to any claim, and
2
any payment of pension as a result of such a claim, by a person for a
3
disability support pension made on or after 1 July 2006.
4
(2)
Subject to subitem (3), the Social Security (Administration) Act 1999
5
applies to any claim by a person for a disability support pension made
6
before 1 July 2006, and any payment of pension as a result of such a
7
claim, as if the amendments referred to in subitem (1) had not been
8
made.
9
(3) If:
10
(a) on or after 1 July 2006, a notice under subsection 63(2) or
11
64(2) of the Social Security (Administration) Act 1999 is
12
given to a person who made a claim for a disability support
13
pension on or after 11 May 2005 and before 1 July 2006; and
14
(b) under the notice, the person is required to undertake a
15
specified activity for the purpose of reviewing his or her
16
capacity to perform work;
17
then, the amendments of the Social Security (Administration) Act 1999
18
referred to in subitem (1) apply to the person from the date of the
19
notice.
20
16 Application provision--item 12
21
The amendment of the Social Security (Administration) Act 1999 made
22
by item 12 of this Schedule apply in relation to determinations under
23
subsection 96(1) or (3) of that Act whose date of effect is on or after
24
1 July 2006.
25
17 Application provision--item 14
26
The amendment of the Social Security (Administration) Act 1999 made
27
by item 14 of this Schedule applies in relation to persons whose
28
disability support pension is cancelled, with effect on or after 1 July
29
2006.
30
Administration Schedule 22
Participation Part 3
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 237
1
Part 3--Participation
2
Social Security (Administration) Act 1999
3
18 Subsection 131(2)
4
Repeal the subsection.
5
19 Sections 132A to 134A
6
Repeal the sections.
7
20 Sections 146A to 148A
8
Repeal the sections.
9
Schedule 22 Administration
Part 4 Compliance
238 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 4--Compliance
2
Social Security (Administration) Act 1999
3
21 Subsection 63(2)
4
Omit ", other than a person to whom subsection (3) applies,".
5
22 Subsections 63(3) and (3A)
6
Repeal the subsections.
7
23 Subsection 63(4)
8
Omit all the words after paragraph (d), substitute:
9
the payment that the person is receiving or has claimed is not
10
payable.
11
24 Subsections 63(5) and (5A)
12
Repeal the subsections, substitute:
13
(5) Subsection (4) does not apply if:
14
(a) the social security payment is a parenting payment and the
15
notification under subsection (2) included a statement to the
16
effect that a failure to comply with the requirement could
17
constitute a parenting payment participation failure; or
18
(b) the social security payment is a youth allowance and the
19
notification under subsection (2) included a statement to the
20
effect that a failure to comply with the requirement could
21
constitute a youth allowance participation failure; or
22
(c) the social security payment is an austudy payment and the
23
notification under subsection (2) included a statement to the
24
effect that a failure to comply with the requirement could
25
constitute an austudy participation failure; or
26
(d) the social security payment is a newstart allowance and the
27
notification under subsection (2) included a statement to the
28
effect that a failure to comply with the requirement could
29
constitute a newstart participation failure; or
30
(e) the social security payment is a special benefit and the
31
notification under subsection (2) included a statement to the
32
Administration Schedule 22
Compliance Part 4
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 239
effect that a failure to comply with the requirement could
1
constitute a special benefit participation failure.
2
Note:
Failure by a recipient of, or claimant for, one of these payments to
3
comply with a requirement notified under subsection (2) may result in
4
the payment not being payable to the person: see sections 500ZB,
5
500ZE, 550B, 551, 576A, 577, 626, 629, 742 and 745 of the 1991 Act.
6
25 Saving provision relating to administrative breaches
7
(1) If:
8
(a) as a result of an administrative breach committed by the
9
person before the commencement of this item, an
10
administrative breach rate reduction period applied to the
11
person under subsection 63(5) of the Social Security
12
(Administration) Act 1999; and
13
(b) on that commencement, the administrative breach rate
14
reduction period had not ended;
15
the administrative breach rate reduction period continues to apply to the
16
person after that commencement as if that subsection had not been
17
repealed by this Act.
18
(2)
In this item:
19
administrative breach means any non-compliance by the person as a
20
result of which an administrative breach rate reduction period applied to
21
the person, before the commencement of this item, under subsection
22
63(5) of the Social Security (Administration) Act 1999.
23
26 Subsection 63(8)
24
Repeal the subsection.
25
27 Subsection 63(9)
26
Repeal the subsection, substitute:
27
(9) The Secretary may determine that a social security payment that
28
was not payable because of subsection (4) is payable to a person if
29
the Secretary is satisfied that the person had a reasonable excuse
30
for not complying with the requirement under subsection (2).
31
28 Subsection 64(1)
32
Repeal the subsection, substitute:
33
(1) This section applies to a person if:
34
Schedule 22 Administration
Part 4 Compliance
240 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(a) the person is receiving, or has claimed, a disability support
1
pension, parenting payment, youth allowance, newstart
2
allowance, sickness allowance, special benefit, or mobility
3
allowance; or
4
(b) the Department is contacted by or on behalf of the person in
5
relation to a claim for youth allowance or newstart allowance
6
to be paid to the person.
7
29 Subsection 64(2)
8
Omit "give the person written notice", substitute "notify the person".
9
30 Subsection 64(3)
10
Omit "give a person notice", substitute "notify a person".
11
31 Paragraph 64(4)(a)
12
Omit "gives a person notice", substitute "notifies a person".
13
32 Subsection 64(4)
14
Omit all the words after paragraph (c), substitute:
15
the payment that the person is receiving or has claimed is not
16
payable.
17
33 Saving provision relating to administrative breaches
18
(1) If:
19
(a) as a result of an administrative breach committed by the
20
person before the commencement of this item, an
21
administrative breach rate reduction period applied to the
22
person under subsection 64(4) of the Social Security
23
(Administration) Act 1999; and
24
(b) on that commencement, the administrative breach rate
25
reduction period had not ended;
26
the administrative breach rate reduction period continues to apply to the
27
person after that commencement as if that subsection had not been
28
amended by this Act.
29
(2)
In this item:
30
Administration Schedule 22
Compliance Part 4
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 241
administrative breach means any non-compliance by the person as a
1
result of which an administrative breach rate reduction period applied to
2
the person, before the commencement of this item, under subsection
3
64(4) of the Social Security (Administration) Act 1999.
4
34 After subsection 64(4)
5
Insert:
6
(4A) Subsection (4) does not apply if:
7
(a) the social security payment is a parenting payment and the
8
notification under subsection (2) included a statement to the
9
effect that a failure to comply with the requirement could
10
constitute a parenting payment participation failure; or
11
(b) the social security payment is a youth allowance and the
12
notification under subsection (2) included a statement to the
13
effect that a failure to comply with the requirement could
14
constitute a youth allowance participation failure; or
15
(c) the social security payment is an austudy payment and the
16
notification under subsection (2) included a statement to the
17
effect that a failure to comply with the requirement could
18
constitute an austudy participation failure; or
19
(d) the social security payment is a newstart allowance and the
20
notification under subsection (2) included a statement to the
21
effect that a failure to comply with the requirement could
22
constitute a newstart participation failure; or
23
(e) the social security payment is a special benefit and the
24
notification under subsection (2) included a statement to the
25
effect that a failure to comply with the requirement could
26
constitute a special benefit participation failure.
27
Note:
Failure by a recipient of, or claimant for, one of these payments to
28
comply with a requirement notified under subsection (2) may result in
29
the payment not being payable to the person: see sections 500ZB,
30
500ZE, 550B, 551, 576A, 577, 626, 629, 742 and 745 of the 1991 Act.
31
35 Subsection 64(5)
32
Omit "notice", substitute "notification".
33
36 At the end of section 80
34
Add:
35
Schedule 22 Administration
Part 4 Compliance
242 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(4) Subsection (1) does not authorise the Secretary to make a
1
determination that cancels the payment of a parenting payment,
2
youth allowance, austudy payment, newstart allowance or special
3
benefit to a person if:
4
(a) paragraph (1)(a) does not apply to the person; and
5
(b) paragraph (1)(b) would not apply to the person but for the
6
fact that the payment is not, or was not, payable because of:
7
(i) section 500ZB or 500ZE of the 1991 Act (if the
8
payment is a parenting payment); or
9
(ii) section 550B or 551 of that Act (if the payment is a
10
youth allowance); or
11
(iii) section 576A or 577 of that Act (if the payment is an
12
austudy payment); or
13
(iv) section 626 or 629 of that Act (if the payment is a
14
newstart allowance); or
15
(v) section 742 or 745 of that Act (if the payment is a
16
special benefit).
17
37 At the end of section 109
18
Add:
19
(6) This section does not apply to determinations to which
20
section 110A applies.
21
38 At the end of section 110
22
Add:
23
(12) This section does not apply to determinations to which
24
section 110A applies.
25
39 After section 110
26
Insert:
27
110A Date of effect of favourable determinations resuming payment
28
after suspensions relating to non-compliance
29
If:
30
(a) a favourable determination is made under section 85
31
resuming payment of a parenting payment, youth allowance,
32
Administration Schedule 22
Compliance Part 4
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 243
austudy payment, newstart allowance or special benefit the
1
payment of which had been suspended under section 80; and
2
(b) the payment had been suspended because it was not payable
3
because of:
4
(i) section 500ZB or 500ZE of the 1991 Act (if the
5
payment was a parenting payment); or
6
(ii) section 550B or 551 of that Act (if the payment was a
7
youth allowance); or
8
(iii) section 576A or 577 of that Act (if the payment was an
9
austudy payment); or
10
(iv) section 626 or 629 of that Act (if the payment was a
11
newstart allowance); or
12
(v) section 742 or 745 of that Act (if the payment was a
13
special benefit);
14
the determination takes effect, or is taken to have taken effect, on
15
the day after the end of the period for which the payment,
16
allowance or benefit is not payable because of that section.
17
40 Subsection 114(1)
18
Omit "neither section 109 nor section 110 applies", substitute "none of
19
sections 109, 110 and 110A apply".
20
41 Paragraph 118(11)(a)
21
After "section", insert "80,".
22
42 After subsection 118(12B)
23
Insert:
24
(12C)
If:
25
(a) an adverse determination is made under section 80
26
suspending the payment of a parenting payment, youth
27
allowance, austudy payment, newstart allowance or special
28
benefit to a person; and
29
(b) the determination was made because of the application of:
30
(i) section 500ZB or 500ZE of the 1991 Act (if the
31
payment is a parenting payment); or
32
(ii) section 550B or 551 of that Act (if the payment is a
33
youth allowance); or
34
Schedule 22 Administration
Part 4 Compliance
244 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(iii) section 576A or 577 of that Act (if the payment is an
1
austudy payment); or
2
(iv) section 626 or 629 of that Act (if the payment is a
3
newstart allowance); or
4
(v) section 742 or 745 of that Act (if the payment is a
5
special benefit);
6
the determination is taken to have taken effect on the day of the
7
start of the period for which the payment, allowance or benefit is
8
not payable because of that section.
9
(12D) However, subsection (12C) does not apply to an adverse
10
determination if the determination would take effect on an earlier
11
day under another provision of this Act.
12
Administration Schedule 22
Information exchange Part 5
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 245
1
Part 5--Information exchange
2
Social Security (Administration) Act 1999
3
43 After subsection 202(2)
4
Insert:
5
(2A) A person engaged (whether as an employee or otherwise) by a
6
service organisation may:
7
(a) obtain protected information; or
8
(b) make a record of protected information; or
9
(c) disclose protected information to another person; or
10
(d) otherwise use protected information;
11
if the person believes, on reasonable grounds, that the obtaining,
12
recording, disclosure or use that is proposed to be made of the
13
information by the person is reasonably necessary for one or more
14
of the purposes specified in subsection (2B).
15
Note:
In addition to the requirements of this section, information disclosed
16
under this section must be dealt with in accordance with section 14 of
17
the Privacy Act 1988.
18
(2B) The purposes for which the person may obtain, record, disclose or
19
use protected information are as follows:
20
(a) facilitating access by a service recipient to a work-related
21
service provided by a service organisation;
22
(b) facilitating efficient and effective delivery of a work-related
23
service by a service organisation;
24
(c) facilitating efficient and effective performance of duties or
25
exercise of functions relating to the provision of work-related
26
services by a service organisation;
27
(d) facilitating efficient and effective administration by the
28
Commonwealth of one or more of the matters mentioned in
29
paragraphs (a), (b) or (c) (for example, payments to service
30
organisations by the Commonwealth);
31
(e) any other purpose determined by the Secretary under
32
subsection (2E).
33
(2C) A person may:
34
(a) obtain protected information; or
35
Schedule 22 Administration
Part 5 Information exchange
246 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
(b) make a record of protected information; or
1
(c) disclose protected information to another person; or
2
(d) otherwise use protected information;
3
if the Secretary believes, on reasonable grounds, that the obtaining,
4
recording, disclosure or use that is proposed to be made of the
5
information by the person is reasonably necessary for one or more
6
of the following purposes:
7
(e) research into matters of relevance to a Department that is
8
administering any part of the social security law;
9
(f) statistical analysis of matters of relevance to a Department
10
that is administering any part of the social security law;
11
(g)
policy
development.
12
(2D) In this section:
13
service organisation means:
14
(a) an Agency (within the meaning of the Public Service Act
15
1999); or
16
(b) another authority of the Commonwealth; or
17
(c) an organisation that performs services for the
18
Commonwealth.
19
service recipient means a person:
20
(a) who is receiving a social security payment, benefit or
21
allowance; or
22
(b) who has made a claim for a social security payment, benefit
23
or allowance; or
24
(c) who has contacted the Department about the receipt of, or an
25
existing or future claim for, a social security payment, benefit
26
or allowance; or
27
(d) on whose behalf another person, with the person's authority,
28
has contacted the Department about any of the matters
29
mentioned in paragraphs (a) to (c) relating to the person.
30
work-related service means a service of the following kind:
31
(a) assessment of the capacity to work of a service recipient;
32
(b) assistance given to a service recipient with the purpose of
33
preparing the service recipient to seek or undertake work;
34
(c) placement of a service recipient in a position of employment;
35
Administration Schedule 22
Information exchange Part 5
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 247
(d) a service of a kind determined by the Secretary under
1
subsection (2E).
2
(2E) The Secretary may, by legislative instrument, determine either or
3
both of the following:
4
(a) that a specified purpose that is related to a matter mentioned
5
in paragraphs (2B)(a) to (d) is a purpose for which the person
6
may obtain, record, disclose or use protected information
7
under subsection (2A);
8
(b) services of a specified kind are work-related services for the
9
purposes of this section.
10
44 Subsection 234(7)
11
Repeal the subsection, substitute:
12
(7) Without limiting the operation of the definition of officer in
13
subsection 23(1), in this section officer includes a person engaged
14
(whether as an employee or otherwise) by:
15
(a) an Agency (within the meaning of the Public Service Act
16
1999); or
17
(b) another authority of the Commonwealth; or
18
(c) an organisation that performs services for the
19
Commonwealth;
20
but does not include the CEO or an employee of the Agency.
21
45 Saving provision
22
A delegation in force under section 234 of the Social Security
23
(Administration) Act 1999 immediately before the commencement of
24
item 45 continues to have effect after that commencement as if it were a
25
delegation under that section as amended by this Act.
26
Schedule 22 Administration
Part 6 Seasonal work preclusion period
248 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
1
Part 6--Seasonal work preclusion period
2
Social Security (Administration) Act 1999
3
46 At the end of subsection 37(4)
4
Add:
5
; (h) disability support pension;
6
(i)
sickness
allowance;
7
(j)
carer
payment;
8
(k)
austudy
payment.
9
47 Application provision
10
The amendment made by this Part applies in relation to claims for
11
social security payments made on or after 20 September 2006.
12
Other amendments Schedule 23
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other
Measures) Bill 2005 No. , 2005 249
1
Schedule 23--Other amendments
2
3
Disability Services Act 1986
4
1 Subsection 20(1)
5
Repeal the subsection, substitute:
6
(1) Subject to section 21, if:
7
(a) there are guidelines formulated under section 5 that relate to
8
this section; and
9
(b) the Secretary is satisfied that the provision of a rehabilitation
10
program for a person in the target group would comply with
11
the guidelines;
12
the Secretary may, on the Commonwealth's behalf, approve the
13
provision of the rehabilitation program for the person, together
14
with any follow-up program that the Secretary considers necessary
15
or desirable.
16
2 Paragraphs 21A(1)(b) and (c)
17
Repeal the paragraphs, substitute:
18
(b) after the time determined by the Secretary under
19
subsection (1A).
20
3 After subsection 21A(1)
21
Insert:
22
(1A) The Secretary may determine that provision of a rehabilitation
23
program must end after a specified time.
24
4 Subsection 21A(2)
25
After "In making a determination", insert "under subsection (1A)".
26
5 Application provision
27
The amendments of the Disability Services Act 1986 made by this
28
Schedule apply to all rehabilitation programs being considered for
29
approval on or after the commencement of this Schedule.
30
Schedule 23 Other amendments
250 Employment and Workplace Relations Legislation Amendment (Welfare to Work and
Other Measures) Bill 2005 No. , 2005
Family and Community Services Legislation Amendment
1
(Australians Working Together and other 2001
2
Budget Measures) Act 2003
3
6 Section 4
4
Repeal the section.
5
Social Security Act 1991
6
7 Subsection 1134(3)
7
Repeal the subsection.
8

 


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