Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may determine that a participation payment is not payable to a person if:
(a) the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or
(b) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; or
(ba) the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); or
(c) the person fails to comply with a reconnection requirement or a further reconnection requirement.
Note: If paragraph (1)(a), (b) or (ba) applies, a reconnection requirement must be imposed for that failure (see section 42G).
(1A) Despite subsection (1), the Secretary must not make a determination under that subsection that a participation payment is not payable to a person if the person is someone to whom section 42SB applies.
(2) The participation payment is not payable to the person for the period beginning on the day the person first commits the failure and ending at the end of:
(a) for a failure referred to in paragraph (1)(a), (b) or (ba):
(i) if the person complies with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure--the day before the day on which the person so complies; or
(ii) if the person fails to comply with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure--the day before the day on which the person first commits the failure to comply with that reconnection requirement; or
(aa) for a failure referred to in paragraph (1)(c)--the day before the day on which the person complies with a reconnection requirement or further reconnection requirement; or
(b) if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a) or (aa)--that earlier day.
(2AA) If:
(a) a participation payment is not payable to a person for a period (the non - payability period ) under subsection (2) because of the person's failure to attend an appointment with the person's employment provider; and
(b) on a day (the relevant day ), the Secretary requires the person to attend a rescheduled appointment with the person's employment provider; and
(c) the rescheduled appointment is on a day that is more than 2 business days after the relevant day;
then, despite subsection (2), the non - payability period is taken to end under that subsection at the end of the relevant day.
Note 1: The requirement to attend the rescheduled appointment will be a reconnection requirement or further reconnection requirement.
Note 2: For business day , see section 2B of the Acts Interpretation Act 1901 .
(2A) If:
(a) a participation payment is not payable to a person for a period under subsection (2); and
(b) the participation payment is payable to the person for any days occurring before that period begins;
then, despite any other provision of the social security law, the Secretary may withhold payment of the participation payment to the person for those days until that period ends.
(3) If a period ends under subsection (2) in relation to a person, then, subject to the social security law, the participation payment becomes payable to the person for that period.
Note: For a failure referred to in paragraph (1)(b) or (ba), a penalty amount may be deducted from the person's participation payment: see Subdivision EC.
(4) The Secretary must notify the person of a determination under subsection (1). The Secretary may do so in any way that the Secretary considers appropriate.