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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Youth Employment) Bill 2015
No. , 2015
(Social Services)
A Bill for an Act to amend the law relating to social
security and farm household support, and for
related purposes
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Ordinary waiting periods
4
Social Security Act 1991
4
Schedule 2--Age requirements for various Commonwealth
payments
15
Part 1--Main amendments
15
Social Security Act 1991
15
Part 2--Other amendments
21
Farm Household Support Act 2014
21
Schedule 3--Income support waiting periods
23
Social Security Act 1991
23
Schedule 4--Other amendments
31
Social Security Act 1991
31
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
1
A Bill for an Act to amend the law relating to social
1
security and farm household support, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Services Legislation
6
Amendment (Youth Employment) Act 2015.
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
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
4. Schedule 3
Immediately after the commencement of the
provisions covered by table item 2.
5. Schedule 4
The later of the following:
(a) immediately after the commencement of
the provisions covered by table item 3;
(b) immediately after the commencement of
the provisions covered by table item 4.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Ordinary waiting periods
4
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
Schedule 1
--Ordinary waiting periods
1
2
Social Security Act 1991
3
1 Subsection 19C(4)
4
After "or a person to whom an income maintenance period applies,",
5
insert "or in relation to working out if a person is subject to an ordinary
6
waiting period,".
7
2 At the end of paragraph 19C(4)(a)
8
Add:
9
; or (iv) in relation to working out if the person is subject to an
10
ordinary waiting period--the 4 weeks immediately
11
before the person's start day mentioned in
12
paragraph 500WA(1)(a), 549CA(2)(a), 620(1)(a) or
13
693(a);
14
3 At the end of subsection 19C(6)
15
Add:
16
; or (d) in relation to working out if the person is subject to an
17
ordinary waiting period--the amount of allowance or
18
parenting payment (as the case may be) that would have been
19
payable to the person during the 4-week period mentioned in
20
subparagraph (4)(a)(iv) if that allowance or payment were
21
payable to the person for that period.
22
4 At the end of subsection 19C(7)
23
Add:
24
; or (d) in relation to working out if the person is subject to an
25
ordinary waiting period--twice the amount of allowance or
26
parenting payment (as the case may be) that would have been
27
payable to the person during the 4-week period mentioned in
28
subparagraph (4)(a)(iv) if that allowance or payment were
29
payable to the person for that period.
30
5 After section 19D
31
Insert:
32
Ordinary waiting periods Schedule 1
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
5
19DA Experiencing a personal financial crisis definition
1
(1) A person is experiencing a personal financial crisis if and only if:
2
(a) the person is in severe financial hardship; and
3
(b) subsection (2), (3) or (4) applies to the person.
4
Note 1:
This definition relates to ordinary waiting periods.
5
Note 2:
For in severe financial hardship see subsection 19C(2) (person who
6
is not a member of a couple) and subsection 19C(3) (person who is a
7
member of a couple).
8
Domestic violence
9
(2) This subsection applies to the person if the person was subjected to
10
domestic violence at some time in the 4 weeks immediately before
11
the person's start day mentioned in paragraph 500WA(1)(a),
12
549CA(2)(a), 620(1)(a) or 693(a).
13
Unavoidable or reasonable expenditure
14
(3) This subsection applies to the person if the person is in severe
15
financial hardship because the person has incurred unavoidable or
16
reasonable expenditure in the 4 weeks immediately before the
17
person's start day mentioned in paragraph 500WA(1)(a),
18
549CA(2)(a), 620(1)(a) or 693(a).
19
Note:
For unavoidable or reasonable expenditure see subsection 19C(4).
20
Other circumstances
21
(4) This subsection applies to the person if the person satisfies the
22
circumstances prescribed in an instrument under subsection (5).
23
(5) The Secretary may, by legislative instrument, prescribe
24
circumstances for the purposes of subsection (4).
25
Evidence
26
(6) Without limiting subsection (2), (3) or (4), that subsection does not
27
apply to the person unless he or she produces evidence that
28
demonstrates a reasonable possibility that it applies to the person.
29
6 Subsection 23(1)
30
Insert:
31
Schedule 1 Ordinary waiting periods
6
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
experiencing a personal financial crisis: see section 19DA.
1
7 Subsection 23(1) (before paragraph (a) of the definition of
2
ordinary waiting period)
3
Insert:
4
(aa) a parenting payment ordinary waiting period under
5
sections 500WA and 500WB; or
6
(ab) a youth allowance ordinary waiting period under
7
sections 549CA and 549CB; or
8
8 Subsection 23(1) (after paragraph (ab) of the definition of
9
waiting period)
10
Insert:
11
(ac) a parenting payment ordinary waiting period under
12
sections 500WA and 500WB; or
13
(ad) a youth allowance ordinary waiting period under
14
sections 549CA and 549CB; or
15
(ae) a youth allowance newly arrived resident's waiting period
16
under sections 549D and 549E; or
17
9 Subsection 23(10)
18
Omit "social security benefit under Part 2.12 (newstart allowance) or
19
Part 2.14 (sickness allowance)", substitute "social security benefit or
20
social security pension".
21
10 After section 500W
22
Insert:
23
500WA Ordinary waiting period
24
(1) Subject to subsection (2), a person is subject to an ordinary waiting
25
period unless:
26
(a) at some time in the 13 weeks immediately before the
27
person's start day (worked out disregarding clause 5 of
28
Schedule 2 to the Administration Act), the person received an
29
income support payment; or
30
(b) the Secretary is satisfied that the person is experiencing a
31
personal financial crisis.
32
Note 1:
For income support payment see subsection 23(1).
33
Ordinary waiting periods Schedule 1
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
7
Note 2:
For experiencing a personal financial crisis see section 19DA.
1
(2) Subsection (1) does not apply to a person who:
2
(a) is undertaking an activity specified in an instrument made
3
under subsection (3); and
4
(b) has been exempted from the application of subsection (1) by
5
the Secretary.
6
(3) The Secretary may, by legislative instrument, specify activities for
7
the purpose of paragraph (2)(a).
8
500WB Duration of ordinary waiting period
9
(1) Subject to subsections (2) and (4), if a person is subject to an
10
ordinary waiting period, the ordinary waiting period is the period
11
of 7 days that starts on the person's start day (worked out
12
disregarding clause 5 of Schedule 2 to the Administration Act).
13
(2) Subject to subsection (4), if:
14
(a) a person is subject to an ordinary waiting period; and
15
(b) apart from this subsection, the ordinary waiting period would
16
be the period of 7 days that starts on the person's start day
17
(worked out disregarding clause 5 of Schedule 2 to the
18
Administration Act); and
19
(c) that start day falls within one or more of the following
20
periods (each of which is an exclusion period) that the
21
person is subject to:
22
(i) a seasonal work preclusion period;
23
(ii) a lump sum preclusion period under Part 3.14;
24
(iii) an income maintenance period, where the person's rate
25
of parenting payment on that start day would be nil;
26
then the ordinary waiting period is the period of 7 days that starts
27
on the first day after all the exclusion periods have ended.
28
(3) If:
29
(a) subparagraph (2)(c)(iii) applies to a person; and
30
(b) on a day in that income maintenance period, the person's rate
31
of parenting payment would be greater than nil if parenting
32
payment were payable to the person on that day;
33
then, for the purposes of subsection (2), that income maintenance
34
period is taken to have ended at the end of the day before that day.
35
Schedule 1 Ordinary waiting periods
8
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
(4) If:
1
(a) a person qualifies for a social security payment (other than
2
parenting payment); and
3
(b) because the person is subject to an ordinary waiting period
4
relating to that payment, that payment is not payable to the
5
person for a period starting on a particular day (the initial
6
day); and
7
(c) during that period the person:
8
(i) ceases to be qualified for that payment; and
9
(ii) claims parenting payment;
10
the person's ordinary waiting period relating to parenting payment
11
is the period of 7 days that starts on the initial day.
12
Note:
Ordinary waiting periods apply to parenting payment, youth
13
allowance, newstart allowance and sickness allowance.
14
11 After paragraph 549(2)(a)
15
Insert:
16
(aa) an ordinary waiting period (see sections 549CA and 549CB);
17
12 After section 549C
18
Insert:
19
549CA Ordinary waiting period
20
(1) This section applies if a person is qualified for a youth allowance,
21
where neither section 540AA (about new apprentices) nor
22
paragraph 541(1)(a) (about full-time study) applies.
23
(2) Subject to subsection (3), the person is subject to an ordinary
24
waiting period unless:
25
(a) at some time in the 13 weeks immediately before the
26
person's start day (worked out disregarding clause 5 of
27
Schedule 2 to the Administration Act), the person received an
28
income support payment; or
29
(b) the Secretary is satisfied that the person is experiencing a
30
personal financial crisis; or
31
(c) on the day before the day the person qualified for the youth
32
allowance mentioned in subsection (1), the person was
33
qualified for a youth allowance where section 540AA or
34
paragraph 541(1)(a) applied.
35
Ordinary waiting periods Schedule 1
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
9
Note 1:
For income support payment see subsection 23(1).
1
Note 2:
For experiencing a personal financial crisis see section 19DA.
2
(3) Subsection (2) does not apply to a person who:
3
(a) is undertaking an activity specified in an instrument made
4
under subsection (4); and
5
(b) has been exempted from the application of subsection (2) by
6
the Secretary.
7
(4) The Secretary may, by legislative instrument, specify activities for
8
the purpose of paragraph (3)(a).
9
549CB Duration of ordinary waiting period
10
(1) Subject to subsections (2) and (4), if a person is subject to an
11
ordinary waiting period, the ordinary waiting period is the period
12
of 7 days that starts on the person's start day (worked out
13
disregarding clause 5 of Schedule 2 to the Administration Act).
14
(2) Subject to subsection (4), if:
15
(a) a person is subject to an ordinary waiting period; and
16
(b) apart from this subsection, the ordinary waiting period would
17
be the period of 7 days that starts on the person's start day
18
(worked out disregarding clause 5 of Schedule 2 to the
19
Administration Act); and
20
(c) that start day falls within one or more of the following
21
periods (each of which is an exclusion period) that the
22
person is subject to:
23
(i) a liquid assets test waiting period;
24
(ii) a newly arrived resident's waiting period;
25
(iii) a seasonal work preclusion period;
26
(iv) a lump sum preclusion period under Part 3.14;
27
(v) an income maintenance period, where the person's rate
28
of youth allowance on that start day would be nil;
29
then the ordinary waiting period is the period of 7 days that starts
30
on the first day after all the exclusion periods have ended.
31
(3) If:
32
(a) subparagraph (2)(c)(v) applies to a person; and
33
Schedule 1 Ordinary waiting periods
10
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
(b) on a day in that income maintenance period, the person's rate
1
of youth allowance would be greater than nil if youth
2
allowance were payable to the person on that day;
3
then, for the purposes of subsection (2), that income maintenance
4
period is taken to have ended at the end of the day before that day.
5
(4) If:
6
(a) a person qualifies for a social security payment (other than
7
youth allowance); and
8
(b) because the person is subject to an ordinary waiting period
9
relating to that payment, that payment is not payable to the
10
person for a period starting on a particular day (the initial
11
day); and
12
(c) during that period the person:
13
(i) ceases to be qualified for that payment; and
14
(ii) claims youth allowance and is qualified for youth
15
allowance, where neither section 540AA (about new
16
apprentices) nor paragraph 541(1)(a) (about full-time
17
study) applies;
18
the person's ordinary waiting period relating to that youth
19
allowance is the period of 7 days that starts on the initial day.
20
Note:
Ordinary waiting periods apply to parenting payment, youth
21
allowance, newstart allowance and sickness allowance.
22
13 Section 549F (heading)
23
Repeal the heading, substitute:
24
549F Effect of being subject to multiple waiting periods
25
14 Section 549F
26
After "2", insert "or more".
27
15 Section 549F
28
Omit "both", substitute "all".
29
16 Paragraph 620(1)(a)
30
After "person's start day", insert "(worked out disregarding clause 5 of
31
Schedule 2 to the Administration Act)".
32
Ordinary waiting periods Schedule 1
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
11
17 Paragraph 620(1)(a) (note)
1
Repeal the note.
2
18 Paragraph 620(1)(g)
3
Repeal the paragraph, substitute:
4
(g) the Secretary is satisfied that the person is experiencing a
5
personal financial crisis.
6
19 Subsection 620(1) (note)
7
Repeal the note, substitute:
8
Note 1:
For income support payment see subsection 23(1).
9
Note 2:
For experiencing a personal financial crisis see section 19DA.
10
20 Section 621
11
Repeal the section, substitute:
12
621 Duration of ordinary waiting period
13
(1) Subject to subsections (3) and (5), if a person:
14
(a) is subject to an ordinary waiting period; and
15
(b) is not disqualified for newstart allowance under section 598
16
(liquid assets test);
17
the ordinary waiting period is the period of 7 days that starts on the
18
person's start day (worked out disregarding clause 5 of Schedule 2
19
to the Administration Act).
20
(2) Subject to subsections (3) and (5), if a person:
21
(a) is subject to an ordinary waiting period; and
22
(b) is disqualified for newstart allowance under section 598
23
(liquid assets test);
24
the ordinary waiting period is the period of 7 days that starts on the
25
day after the end of the liquid assets test waiting period referred to
26
in subsection 598(2).
27
(3) Subject to subsection (5), if:
28
(a) a person is subject to an ordinary waiting period; and
29
(b) apart from this subsection, the ordinary waiting period would
30
be the period of 7 days that starts on the person's start day
31
Schedule 1 Ordinary waiting periods
12
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
(worked out disregarding clause 5 of Schedule 2 to the
1
Administration Act); and
2
(c) that start day falls within one or more of the following
3
periods (each of which is an exclusion period) that the
4
person is subject to:
5
(i) a newly arrived resident's waiting period;
6
(ii) a seasonal work preclusion period;
7
(iii) a lump sum preclusion period under Part 3.14;
8
(iv) an income maintenance period, where the person's rate
9
of newstart allowance on that start day would be nil;
10
then the ordinary waiting period is the period of 7 days that starts
11
on the first day after all the exclusion periods have ended.
12
(4) If:
13
(a) subparagraph (3)(c)(iv) applies to a person; and
14
(b) on a day in that income maintenance period, the person's rate
15
of newstart allowance would be greater than nil if newstart
16
allowance were payable to the person on that day;
17
then, for the purposes of subsection (3), that income maintenance
18
period is taken to have ended at the end of the day before that day.
19
(5) If:
20
(a) a person qualifies for a social security payment (other than
21
newstart allowance); and
22
(b) because the person is subject to an ordinary waiting period
23
relating to that payment, that payment is not payable to the
24
person for a period starting on a particular day (the initial
25
day); and
26
(c) during that period the person:
27
(i) ceases to be qualified for that payment; and
28
(ii) claims newstart allowance;
29
the person's ordinary waiting period relating to newstart allowance
30
is the period of 7 days that starts on the initial day.
31
Note:
Ordinary waiting periods apply to parenting payment, youth
32
allowance, newstart allowance and sickness allowance.
33
21 Paragraph 693(a)
34
After "person's start day", insert "(worked out disregarding clause 5 of
35
Schedule 2 to the Administration Act)".
36
Ordinary waiting periods Schedule 1
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
13
22 Paragraph 693(a) (note)
1
Repeal the note.
2
23 Paragraph 693(f)
3
Repeal the paragraph, substitute:
4
(f) the Secretary is satisfied that the person is experiencing a
5
personal financial crisis.
6
24 Section 693 (notes 2 to 5)
7
Repeal the notes, substitute:
8
Note 1:
For income support payment see subsection 23(1).
9
Note 2:
For experiencing a financial crisis see section 19DA.
10
25 Section 694
11
Repeal the section, substitute:
12
694 Duration of ordinary waiting period
13
(1) Subject to subsections (3) and (5), if a person:
14
(a) is subject to an ordinary waiting period; and
15
(b) is not disqualified for sickness allowance under section 676
16
(liquid assets test);
17
the ordinary waiting period is the period of 7 days that starts on the
18
person's start day (worked out disregarding clause 5 of Schedule 2
19
to the Administration Act).
20
(2) Subject to subsections (3) and (5), if a person:
21
(a) is subject to an ordinary waiting period; and
22
(b) is disqualified for sickness allowance under section 676
23
(liquid assets test);
24
the ordinary waiting period is the period of 7 days that starts on the
25
day after the end of the period referred to in subsection 676(3).
26
(3) Subject to subsection (5), if:
27
(a) a person is subject to an ordinary waiting period; and
28
(b) apart from this subsection, the ordinary waiting period would
29
be the period of 7 days that starts on the person's start day
30
(worked out disregarding clause 5 of Schedule 2 to the
31
Administration Act); and
32
Schedule 1 Ordinary waiting periods
14
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
(c) that start day falls within one or more of the following
1
periods (each of which is an exclusion period) that the
2
person is subject to:
3
(i) a newly arrived resident's waiting period;
4
(ii) a seasonal work preclusion period;
5
(iii) a lump sum preclusion period under Part 3.14;
6
(iv) an income maintenance period, where the person's rate
7
of sickness allowance on that start day would be nil;
8
then the ordinary waiting period is the period of 7 days that starts
9
on the first day after all the exclusion periods have ended.
10
(4) If:
11
(a) subparagraph (3)(c)(iv) applies to a person; and
12
(b) on a day in that income maintenance period, the person's rate
13
of sickness allowance would be greater than nil if sickness
14
allowance were payable to the person on that day;
15
then, for the purposes of subsection (3), that income maintenance
16
period is taken to have ended at the end of the day before that day.
17
(5) If:
18
(a) a person qualifies for a social security payment (other than
19
sickness allowance); and
20
(b) because the person is subject to an ordinary waiting period
21
relating to that payment, that payment is not payable to the
22
person for a period starting on a particular day (the initial
23
day); and
24
(c) during that period the person:
25
(i) ceases to be qualified for that payment; and
26
(ii) claims sickness allowance;
27
the person's ordinary waiting period relating to sickness allowance
28
is the period of 7 days that starts on the initial day.
29
Note:
Ordinary waiting periods apply to parenting payment, youth
30
allowance, newstart allowance and sickness allowance.
31
26 Application provision
32
The amendments made by this Schedule apply in relation to a claim for
33
a social security payment that is made on or after the commencement of
34
this item.
35
Age requirements for various Commonwealth payments Schedule 2
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
15
Schedule 2
--Age requirements for various
1
Commonwealth payments
2
Part 1
--Main amendments
3
Social Security Act 1991
4
1 Paragraphs 19C(8)(b) and (c)
5
Omit "22", substitute "25".
6
2 Paragraphs 38K(2)(a) and (b)
7
Omit "22", substitute "25".
8
3 Subsection 543B(1)
9
Repeal the subsection, substitute:
10
(1) Subject to subsection (2), the person has attained the maximum age
11
for youth allowance if the person is at least 25 years old.
12
4 Subparagraph 593(1)(g)(i)
13
Omit "22", substitute "25".
14
5 Subparagraphs 593(1B)(b)(i) and (1D)(b)(i)
15
Omit "22", substitute "25".
16
6 Paragraph 666(1)(e)
17
Omit "22", substitute "25".
18
7 Paragraph 1067G-D1(b)
19
Omit "22", substitute "25".
20
8 Paragraphs 1067G-H26(a) and (b)
21
Omit "22", substitute "25".
22
9 Paragraphs 1067L-D25(a) and (b)
23
Omit "22", substitute "25".
24
Schedule 2 Age requirements for various Commonwealth payments
Part 1 Main amendments
16
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
10 Paragraphs 1068-G9(a) and (b)
1
Omit "22", substitute "25".
2
11 Paragraphs 1068B-D22(a) and (b)
3
Omit "22", substitute "25".
4
12 Section 1190 (table item 4A, column 2)
5
Omit "22", substitute "25".
6
13 Application provision
--persons in severe financial
7
hardship
8
The amendment made by item 1 applies in relation to working out if a
9
person is in severe financial hardship for days on or after the
10
commencement of this item.
11
14 Application provision
--green army allowance
12
The amendment made by item 2 applies in relation to instalment periods
13
ending on or after the commencement of this item.
14
15 Application provision
--youth allowance
15
(1)
Subject to subitems (2) and (3), the amendment made by item 3 applies
16
for the purposes of working out a person's qualification for a youth
17
allowance in respect of days occurring on or after the commencement of
18
this item.
19
(2)
If:
20
(a) a person was aged 22, 23 or 24 on the day before the
21
commencement of this item; and
22
(b) the person was receiving a newstart allowance immediately
23
before the commencement of this item or the person's
24
payment of a newstart allowance was suspended immediately
25
before the commencement of this item;
26
the amendment made by item 3 does not apply in relation to the person
27
during the period:
28
(c) beginning on the commencement of this item; and
29
(d) ending on the day on which the payment of the newstart
30
allowance to the person is cancelled.
31
(3)
If:
32
Age requirements for various Commonwealth payments Schedule 2
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
17
(a) before the commencement of this item, the Secretary granted
1
a person's claim for a newstart allowance under the Social
2
Security (Administration) Act 1999; and
3
(b) the person's start day in relation to that allowance, worked
4
out under clause 5 of Schedule 2 to that Act, is on or after the
5
commencement of this item;
6
the amendment made by item 3 does not apply in relation to the person
7
during the period:
8
(c) beginning on the commencement of this item; and
9
(d) ending on the day on which the payment of the newstart
10
allowance to the person is cancelled.
11
(4)
The amendment made by item 7 applies in relation to working out the
12
rate of youth allowance for days on or after the commencement of this
13
item.
14
16 Application provision
--newstart allowance
15
(1)
Subject to this item, the amendments made by items 4 and 5 apply for
16
the purposes of working out a person's qualification for a newstart
17
allowance in respect of days occurring on or after the commencement of
18
this item.
19
(2)
If:
20
(a) a person was aged 22, 23 or 24 on the day before the
21
commencement of this item; and
22
(b) the person was receiving a newstart allowance immediately
23
before the commencement of this item or the person's
24
payment of a newstart allowance was suspended immediately
25
before the commencement of this item;
26
the amendments made by items 4 and 5 do not apply in relation to the
27
person during the period:
28
(c) beginning on the commencement of this item; and
29
(d) ending on the day on which the payment of the newstart
30
allowance to the person is cancelled.
31
(3)
If:
32
(a) before the commencement of this item, a person aged 22, 23
33
or 24 made a claim for a newstart allowance under the Social
34
Security (Administration) Act 1999; and
35
Schedule 2 Age requirements for various Commonwealth payments
Part 1 Main amendments
18
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
(b) the claim had not been determined by the Secretary
1
immediately before the commencement of this item;
2
the amendments made by items 4 and 5 do not apply in relation to:
3
(c) the claim; and
4
(d) if the claim is granted--the payment of that allowance as a
5
result of that claim.
6
(4)
If:
7
(a) before the commencement of this item, a person aged 22, 23
8
or 24 made a claim for a newstart allowance under the Social
9
Security (Administration) Act 1999 (disregarding
10
subclause 4(6) of Schedule 2 to that Act); and
11
(b) on the commencement of this item, the person is serving a
12
liquid assets test waiting period in relation to the claim;
13
the amendments made by items 4 and 5 do not apply in relation to:
14
(c) the claim; and
15
(d) if the claim is granted--the payment of that allowance as a
16
result of that claim.
17
(5)
If:
18
(a) before the commencement of this item, the Secretary granted
19
a person's claim for a newstart allowance under the Social
20
Security (Administration) Act 1999; and
21
(b) on the commencement of this item, an income maintenance
22
period applies to the person;
23
the amendments made by items 4 and 5 do not apply in relation to the
24
person during the period:
25
(c) beginning on the commencement of this item; and
26
(d) ending on the day on which the payment of the newstart
27
allowance to the person is cancelled.
28
(6)
If:
29
(a) before the commencement of this item, the Secretary granted
30
a person's claim for a newstart allowance under the Social
31
Security (Administration) Act 1999; and
32
(b) the person's start day in relation to that allowance, worked
33
out under clause 5 of Schedule 2 to that Act, is on or after the
34
commencement of this item;
35
Age requirements for various Commonwealth payments Schedule 2
Main amendments Part 1
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
19
the amendments made by items 4 and 5 do not apply in relation to the
1
person during the period:
2
(c) beginning on the commencement of this item; and
3
(d) ending on the day on which the payment of the newstart
4
allowance to the person is cancelled.
5
17 Application provision
--sickness allowance
6
(1)
Subject to this item, the amendment made by item 6 applies for the
7
purposes of working out a person's qualification for sickness allowance
8
in respect of days occurring on or after the commencement of this item.
9
(2)
If:
10
(a) a person was aged 22, 23 or 24 on the day before the
11
commencement of this item; and
12
(b) the person was receiving sickness allowance immediately
13
before the commencement of this item or the person's
14
payment of sickness allowance was suspended immediately
15
before the commencement of this item;
16
the amendment made by item 6 does not apply in relation to the person
17
during the period:
18
(c) beginning on the commencement of this item; and
19
(d) ending on the day on which the payment of the sickness
20
allowance to the person is cancelled.
21
(3)
If:
22
(a) before the commencement of this item, a person aged 22, 23
23
or 24 made a claim for sickness allowance under the Social
24
Security (Administration) Act 1999; and
25
(b) the claim had not been determined by the Secretary
26
immediately before the commencement of this item;
27
the amendment made by item 6 does not apply in relation to:
28
(c) the claim; and
29
(d) if the claim is granted--the payment of that allowance as a
30
result of that claim.
31
(4)
If:
32
(a) before the commencement of this item, a person aged 22, 23
33
or 24 made a claim for sickness allowance under the Social
34
Security (Administration) Act 1999; and
35
Schedule 2 Age requirements for various Commonwealth payments
Part 1 Main amendments
20
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
(b) on the commencement of this item, the person is serving a
1
liquid assets test waiting period in relation to the claim;
2
the amendment made by item 6 does not apply in relation to:
3
(c) the claim; and
4
(d) if the claim is granted--the payment of that allowance as a
5
result of that claim.
6
(5)
If:
7
(a) before the commencement of this item, the Secretary granted
8
a person's claim for sickness allowance under the Social
9
Security (Administration) Act 1999; and
10
(b) on the commencement of this item, an income maintenance
11
period applies to the person;
12
the amendment made by item 6 does not apply in relation to the person
13
during the period:
14
(c) beginning on the commencement of this item; and
15
(d) ending on the day on which the payment of the sickness
16
allowance to the person is cancelled.
17
(6)
If:
18
(a) before the commencement of this item, the Secretary granted
19
a person's claim for sickness allowance under the Social
20
Security (Administration) Act 1999; and
21
(b) the person's start day in relation to that allowance, worked
22
out under clause 5 of Schedule 2 to that Act, is on or after the
23
commencement of this item;
24
the amendment made by item 6 does not apply in relation to the person
25
during the period:
26
(c) beginning on the commencement of this item; and
27
(d) ending on the day on which the payment of the sickness
28
allowance to the person is cancelled.
29
18 Application provision
--general rates
30
The amendments made by items 8 to 11 apply in relation to working out
31
the rates of social security payments for days on or after the
32
commencement of this item.
33
Age requirements for various Commonwealth payments Schedule 2
Other amendments Part 2
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
21
Part 2
--Other amendments
1
Farm Household Support Act 2014
2
19 Section 7
3
Omit "turned 22", substitute "turned 25".
4
20 Subdivision A of Division 8 of Part 2 (heading)
5
Repeal the heading, substitute:
6
Subdivision A--Persons who have turned 25
7
21 Subsection 55(1)
8
Omit "turned 22", substitute "turned 25".
9
22 Sections 56, 57, 58 and 59
10
Omit "turned 22", substitute "turned 25".
11
23 Subdivision B of Division 8 of Part 2 (heading)
12
Repeal the heading, substitute:
13
Subdivision B--Persons who have not turned 25
14
24 Subsection 60(1)
15
Omit "not turned 22", substitute "not turned 25".
16
25 Sections 61, 62, 63, 64 and 65
17
Omit "not turned 22", substitute "not turned 25".
18
26 Subsection 93(1) (table items 1, 2, 15 and 16)
19
Omit "22", substitute "25".
20
27 Application provision
--farm household allowance
21
(1)
Subject to subitems (2) and (3), the amendments made by items 21, 22,
22
24 and 25 apply for the purposes of working out the rate of farm
23
household allowance in respect of days occurring on or after the
24
commencement of this item.
25
Schedule 2 Age requirements for various Commonwealth payments
Part 2 Other amendments
22
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
(2)
If:
1
(a) a person was aged 22, 23 or 24 on the day before the
2
commencement of this item; and
3
(b) the person was receiving farm household allowance
4
immediately before the commencement of this item or the
5
person's payment of farm household allowance was
6
suspended immediately before the commencement of this
7
item;
8
the amendments made by items 21 and 22 do not apply in relation to the
9
person during the period:
10
(c) beginning on the commencement of this item; and
11
(d) ending on the day on which the payment of the farm
12
household allowance to the person is cancelled.
13
(3)
If:
14
(a) before the commencement of this item, the Secretary granted
15
a person's claim for farm household allowance under the
16
Social Security (Administration) Act 1999; and
17
(b) the person's start day in relation to that allowance, worked
18
out under clause 5 of Schedule 2 to that Act, is on or after the
19
commencement of this item;
20
the amendments made by items 21 and 22 do not apply in relation to the
21
person during the period:
22
(c) beginning on the commencement of this item; and
23
(d) ending on the day on which the payment of the farm
24
household allowance to the person is cancelled.
25
(4)
The amendment made by item 26, to the extent to which it relates to
26
items 1 and 16 of the table in subsection 93(1) of the Farm Household
27
Support Act 2014, does not apply in relation to a person while the
28
amendments made by items 21 and 22 of this Part do not apply in
29
relation to the person.
30
Income support waiting periods Schedule 3
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
23
Schedule 3
--Income support waiting periods
1
2
Social Security Act 1991
3
1 Subsection 23(1)
4
Insert:
5
income support waiting period means:
6
(a) a youth allowance income support waiting period under
7
section 549CAA; or
8
(b) a special benefit income support waiting period under
9
section 739AA.
10
2 Subsection 23(1) (after paragraph (ac) of the definition of
11
waiting period)
12
Insert:
13
(aca) a youth allowance income support waiting period under
14
section 549CAA; or
15
3 Subsection 23(1) (after paragraph (k) of the definition of
16
waiting period)
17
Insert:
18
(kaa) a special benefit income support waiting period under
19
section 739AA; or
20
4 Subsection 23(1) (paragraph (ka) of the definition of waiting
21
period)
22
Omit "sections 732 and 739A", substitute "section 739A".
23
5 After paragraph 549(2)(a)
24
Insert:
25
(aaa) an income support waiting period (see section 549CAA);
26
6 After section 549C
27
Insert:
28
Schedule 3 Income support waiting periods
24
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
549CAA Income support waiting period
1
(1) A person is subject to an income support waiting period if the
2
person is qualified for a youth allowance (the current allowance),
3
where neither section 540AA (about new apprentices) nor
4
paragraph 541(1)(a) (about full-time study) applies.
5
(2) However, the person is not subject to an income support waiting
6
period if:
7
(a) on the day before the day the person qualified for the current
8
allowance, the person was qualified for an income support
9
payment (other than youth allowance or special benefit); or
10
(b) on the person's start day (worked out disregarding clause 5 of
11
Schedule 2 to the Administration Act) for the current
12
allowance, section 549CAB applies to the person; or
13
(c) in the 6 months immediately before that start day, the person
14
had served a 4-week income support waiting period under
15
this section or section 739AA (about special benefit).
16
Length of income support waiting period
17
(3) A person's income support waiting period starts on the person's
18
start day (worked out disregarding clause 5 of Schedule 2 to the
19
Administration Act) for the current allowance.
20
Note:
Subsection (5) modifies subsection (3) if a person transitions between
21
youth allowances.
22
(4) A person's income support waiting period ends at the end of the
23
earliest of the following:
24
(a) the 4-week period beginning on the day the person's income
25
support waiting period started;
26
(b) the day before the person turns 25 years of age;
27
(c) the day before section 549CAB applies to the person;
28
(d) if, during another income support waiting period for the
29
person under section 739AA, the person claimed and
30
qualified for the current allowance--the 4-week period
31
beginning on the day that other income support waiting
32
period started.
33
Note:
Subsection (6) modifies subsection (4) if a person transitions between
34
youth allowances.
35
Income support waiting periods Schedule 3
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
25
Special rules for transitioning between youth allowances
1
(5) If:
2
(a) a person qualified for the current allowance on a day (the
3
current day); and
4
(b) on the day before that day, the person was qualified for a
5
youth allowance where section 540AA or
6
paragraph 541(1)(a) applied;
7
then, for the purposes of this section, the person's start day
8
(worked out disregarding clause 5 of Schedule 2 to the
9
Administration Act) for the current allowance is taken to be the
10
current day.
11
(6) If:
12
(a) a person is subject to an income support waiting period under
13
this section; and
14
(b) on a day (the transition day) during that period, the person
15
becomes qualified for a youth allowance where
16
section 540AA or paragraph 541(1)(a) applies;
17
then, for the purposes of this section, that period ends at the end of
18
the day before the transition day.
19
Special rule relating to employment services or disability
20
employment services
21
(7) If:
22
(a) apart from this subsection, a person is subject to an income
23
support waiting period under this section; and
24
(b) in relation to a day in that period, the person is assessed as
25
requiring employment services, or disability employment
26
services, of a class determined in an instrument under
27
paragraph 549CAB(2)(a); and
28
(c) in relation to the person's start day (worked out disregarding
29
clause 5 of Schedule 2 to the Administration Act) for the
30
current allowance, the person was not assessed as requiring
31
such employment services or disability employment services;
32
and
33
(d) the Secretary is satisfied that, in relation to that start day, the
34
person should have been assessed as requiring such
35
employment services or disability employment services;
36
Schedule 3 Income support waiting periods
26
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
then, for the purposes of this section, the person is taken not to
1
have been subject to an income support waiting period.
2
549CAB Exemptions from income support waiting period
3
(1) This section applies to a person in relation to a day if one or more
4
of the following apply in relation to that day:
5
(a) the person is a parent of an FTB child (within the meaning of
6
Subdivision A of Division 1 of Part 3 of the Family
7
Assistance Act);
8
(b) the person is the principal carer of a child;
9
(c) the person is in State care, or the person ceased to be in State
10
care during the previous 12 months;
11
(d) the person is not required to satisfy the activity test in respect
12
of a period that includes that day because of
13
paragraph 542(a), (b), (d), (da), (e) or (f), where, including
14
that day, there are at least 15 days remaining in that period;
15
(e) the person is assessed as requiring employment services, or
16
disability employment services, of a class determined in an
17
instrument under paragraph (2)(a);
18
(f) the person is covered by an exemption determined in an
19
instrument under paragraph (2)(b).
20
Note:
For in State care see subsection (3).
21
(2) The Minister may, by legislative instrument, determine:
22
(a) classes of employment services, and classes of disability
23
employment services, for the purposes of paragraph (1)(e);
24
and
25
(b) exemptions for the purposes of paragraph (1)(f).
26
Definition
27
(3) For the purposes of this section, a person is in State care if:
28
(a) the person is in the guardianship, care or custody of a court, a
29
Minister, or a Department, of the Commonwealth, a State or
30
a Territory; or
31
(b) there is a current direction from such a court, Minister or
32
Department placing the person in the guardianship, care or
33
custody of someone who is not the person's parent.
34
Income support waiting periods Schedule 3
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
27
7 After subparagraph 549CB(2)(c)(i)
1
Insert:
2
(ia) an income support waiting period;
3
8 Before subparagraph 729(2)(dc)(i)
4
Insert:
5
(iaa) section 549CAA (income support waiting period); or
6
9 After section 739
7
Insert:
8
739AA Income support waiting period
9
(1) A person is subject to an income support waiting period if:
10
(a) the person is qualified for a special benefit; and
11
(b) the person is:
12
(i) an Australian resident; or
13
(ii) the holder of a visa in a class determined by the
14
Minister under subsection (5); and
15
(c) on the person's start day (disregarding clause 5 of Schedule 2
16
to the Administration Act) for the special benefit, the person
17
has attained the minimum age for youth allowance as
18
determined in accordance with subsection 543A(1) but is less
19
than 25 years of age.
20
(2) However, the person is not subject to an income support waiting
21
period if:
22
(a) on the day before the day the person qualified for the special
23
benefit, the person was qualified for an income support
24
payment; or
25
(b) on the person's start day (worked out disregarding clause 5 of
26
Schedule 2 to the Administration Act) for the special benefit,
27
section 739AB applies to the person; or
28
(c) in the 6 months immediately before that start day, the person
29
had served a 4-week income support waiting period under
30
this section or section 549CAA (about youth allowance).
31
Schedule 3 Income support waiting periods
28
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
Length of income support waiting period
1
(3) A person's income support waiting period starts on the person's
2
start day (worked out disregarding clause 5 of Schedule 2 to the
3
Administration Act) for the special benefit.
4
(4) A person's income support waiting period ends at the end of the
5
earliest of the following:
6
(a) the 4-week period beginning on the day the person's income
7
support waiting period started;
8
(b) the day before the person turns 25 years of age;
9
(c) the day before section 739AB applies to the person.
10
Legislative instrument
11
(5) The Minister may, by legislative instrument, determine classes of
12
visas for the purposes of subparagraph (1)(b)(ii).
13
Special rule relating to employment services or disability
14
employment services
15
(6) If:
16
(a) apart from this subsection, a person is subject to an income
17
support waiting period under this section; and
18
(b) in relation to a day in that period, the person is assessed as
19
requiring employment services, or disability employment
20
services, of a class determined in an instrument under
21
paragraph 739AB(2)(a); and
22
(c) in relation to the person's start day (worked out disregarding
23
clause 5 of Schedule 2 to the Administration Act) for the
24
special benefit, the person was not assessed as requiring such
25
employment services or disability employment services; and
26
(d) the Secretary is satisfied that, in relation to that start day, the
27
person should have been assessed as requiring such
28
employment services or disability employment services;
29
then, for the purposes of this section, the person is taken not to
30
have been subject to an income support waiting period.
31
739AB Exemptions from income support waiting period
32
(1) This section applies to a person in relation to a day if one or more
33
of the following apply in relation to that day:
34
Income support waiting periods Schedule 3
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
29
(a) the person is a parent of an FTB child (within the meaning of
1
Subdivision A of Division 1 of Part 3 of the Family
2
Assistance Act);
3
(b) the person is the principal carer of a child;
4
(c) the person is in State care, or the person ceased to be in State
5
care during the previous 12 months;
6
(d) either:
7
(i) the person is not required to satisfy the activity test in
8
respect of a period that includes that day because of
9
section 731DA, 731DB, 731E, 731F, 731JA or 731K,
10
where, including that day, there are at least 15 days
11
remaining in that period; or
12
(ii) the person is taken to satisfy the activity test in respect
13
of a period that includes that day because of
14
section 731HA, 731HB or 731J, where, including that
15
day, there are at least 15 days remaining in that period;
16
(e) the person is assessed as requiring employment services, or
17
disability employment services, of a class determined in an
18
instrument under paragraph (2)(a);
19
(f) the person is covered by an exemption determined in an
20
instrument under paragraph (2)(b).
21
Note:
For in State care see subsection (3).
22
(2) The Minister may, by legislative instrument, determine:
23
(a) classes of employment services, and classes of disability
24
employment services, for the purposes of paragraph (1)(e);
25
and
26
(b) exemptions for the purposes of paragraph (1)(f).
27
Definition
28
(3) For the purposes of this section, a person is in State care if:
29
(a) the person is in the guardianship, care or custody of a court, a
30
Minister, or a Department, of the Commonwealth, a State or
31
a Territory; or
32
(b) there is a current direction from such a court, Minister or
33
Department placing the person in the guardianship, care or
34
custody of someone who is not the person's parent.
35
Schedule 3 Income support waiting periods
30
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
10 Application provisions
1
(1)
The amendments made by this Schedule apply in relation to a claim for
2
a social security payment that is made on or after the commencement of
3
this item.
4
(2)
Section 549CAA of the Social Security Act 1991, as inserted by this
5
Schedule, also applies in relation to a claim for a youth allowance that
6
was made before the commencement of this item, where the current day
7
referred to in paragraph 549CAA(5)(a) of that Act is on or after that
8
commencement.
9
Other amendments Schedule 4
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
31
Schedule 4
--Other amendments
1
2
Social Security Act 1991
3
1 After subsection 549CAA(2)
4
Insert:
5
(2A) Paragraph (2)(c) does not apply to:
6
(a) a 4-week income support waiting period served by a person
7
under this section, if the Employment Secretary made a
8
determination under subsection 549CAC(1) in relation to that
9
person and period; or
10
(b) a 4-week income support waiting period served by a person
11
under section 739AA, if the Employment Secretary made a
12
determination under subsection 739AC(1) in relation to that
13
person and period.
14
2 After section 549CAB
15
Insert:
16
549CAC Failure to comply with Employment Pathway Plan
17
requirements during income support waiting period
18
(1) If:
19
(a) a person is subject to an income support waiting period under
20
section 549CAA; and
21
(b) the Employment Secretary is satisfied that, during that
22
period, the person failed to comply with a requirement under
23
Subdivision E of Division 1;
24
then the Employment Secretary must determine that a youth
25
allowance of the kind referred to in subsection 549CAA(1) is not
26
payable to the person.
27
Reasonable excuse
28
(2) However, the Employment Secretary must not make a
29
determination under subsection (1) in relation to a person if the
30
person satisfies the Employment Secretary that the person has a
31
Schedule 4 Other amendments
32
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
reasonable excuse for the person's failure referred to in
1
paragraph (1)(b).
2
(3) The Employment Secretary must, by legislative instrument,
3
determine matters that the Employment Secretary must take into
4
account in deciding whether a person has a reasonable excuse for
5
the failure referred to in paragraph (1)(b).
6
(4) To avoid doubt, a determination under subsection (3) does not limit
7
the matters that the Employment Secretary may take into account
8
in deciding whether the person has a reasonable excuse.
9
Timing of determination
10
(5) A determination under subsection (1):
11
(a) may be made before or after the end of the period referred to
12
in paragraph (1)(a); and
13
(b) takes effect immediately after the end of that period.
14
Further claim
15
(6) If the Employment Secretary makes a determination under
16
subsection (1) in relation to a person, the person cannot be paid a
17
youth allowance of the kind referred to in subsection 549CAA(1)
18
unless the person makes another claim for a youth allowance.
19
(7) Any other claim mentioned in subsection (6) cannot be made until
20
after the end of the period referred to in paragraph (1)(a).
21
(8) Subsection (1) is to be disregarded in determining any other claim
22
mentioned in subsection (6). If the other claim is granted, the
23
determination under subsection (1) ceases to have effect at the time
24
of the grant.
25
Note:
Division 2 of Part 3 of the Administration Act deals with the
26
determination of claims.
27
(9) Subsection (8) does not limit the application of subsection (1) in
28
relation to any further income support waiting period the person
29
becomes subject to as a result of the grant of the other claim.
30
3 Subsection 731L(1)
31
Repeal the subsection, substitute:
32
Other amendments Schedule 4
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
33
(1) Subject to this section, if a Special Benefit Employment Pathway
1
Plan is not in force in relation to a person who is a nominated visa
2
holder, the Secretary may require the person to enter into such a
3
plan if:
4
(a) the person is receiving, or has made a claim for, special
5
benefit; or
6
(b) the Department is contacted by or on behalf of the person in
7
relation to a claim for special benefit.
8
4 After subsection 739AA(2)
9
Insert:
10
(2A) Paragraph (2)(c) does not apply to:
11
(a) a 4-week income support waiting period served by a person
12
under this section, if the Employment Secretary made a
13
determination under subsection 739AC(1) in relation to that
14
person and period; or
15
(b) a 4-week income support waiting period served by a person
16
under section 549CAA, if the Employment Secretary made a
17
determination under subsection 549CAC(1) in relation to that
18
person and period.
19
5 After section 739AB
20
Insert:
21
739AC Failure to comply with Employment Pathway Plan
22
requirements during income support waiting period
23
(1) If:
24
(a) a person is subject to an income support waiting period under
25
section 739AA; and
26
(b) the Employment Secretary is satisfied that, during that
27
period, the person failed to meet the criteria set out in
28
paragraph 729(2B)(b), (c), (d) or (e);
29
then the Employment Secretary must determine that a special
30
benefit is not payable to the person.
31
Schedule 4 Other amendments
34
Social Services Legislation Amendment (Youth Employment) Bill 2015
No. , 2015
Reasonable excuse
1
(2) However, the Employment Secretary must not make a
2
determination under subsection (1) in relation to a person if the
3
person satisfies the Employment Secretary that the person has a
4
reasonable excuse for the person's failure referred to in
5
paragraph (1)(b).
6
(3) The Employment Secretary must, by legislative instrument,
7
determine matters that the Employment Secretary must take into
8
account in deciding whether a person has a reasonable excuse for
9
the failure referred to in paragraph (1)(b).
10
(4) To avoid doubt, a determination under subsection (3) does not limit
11
the matters that the Employment Secretary may take into account
12
in deciding whether the person has a reasonable excuse.
13
Timing of determination
14
(5) A determination under subsection (1):
15
(a) may be made before or after the end of the period referred to
16
in paragraph (1)(a); and
17
(b) takes effect immediately after the end of that period.
18
Further claim
19
(6) If the Employment Secretary makes a determination under
20
subsection (1) in relation to a person, the person cannot be paid a
21
special benefit unless the person makes another claim for a special
22
benefit.
23
(7) Any other claim mentioned in subsection (6) cannot be made until
24
after the end of the period referred to in paragraph (1)(a).
25
(8) Subsection (1) is to be disregarded in determining any other claim
26
mentioned in subsection (6). If the other claim is granted, the
27
determination under subsection (1) ceases to have effect at the time
28
of the grant.
29
Note:
Division 2 of Part 3 of the Administration Act deals with the
30
determination of claims.
31
Other amendments Schedule 4
No. , 2015
Social Services Legislation Amendment (Youth Employment) Bill 2015
35
(9) Subsection (8) does not limit the application of subsection (1) in
1
relation to any further income support waiting period the person
2
becomes subject to as a result of the grant of the other claim.
3
6 Application and saving provisions
4
(1)
The amendments made by items 1, 2, 4 and 5 apply in relation to
5
income support waiting periods that start on or after the commencement
6
of this item.
7
(2)
The amendment made by item 3 does not affect the validity of any
8
requirement made under subsection 731L(1) of the Social Security Act
9
1991 before the commencement of this item.
10