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FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 8

- Amendments relating to claim made for youth or newstart allowance after moving to area of lower employment prospects

Social Security Act 1991

1 Subsection 553B(1)

Repeal the subsection, substitute:

(1)
Subject to subsection (1B), if the Secretary considers that a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, the person is subject to an employment-related exclusion for a period of 26 weeks.

(1A)
Subsection (1) extends to a person who makes a claim for youth allowance on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.

(1B)
If a person who is subject to an employment-related exclusion under subsection (1) (including that subsection as it applies by subsection (1A)) does either of the following during the period of the exclusion:

(a)
moves back to the place of residence (the original place of residence ) the movement from which made him or her subject to the exclusion;

(b)
moves to another place of residence a movement to which from the original place of residence would not have made him or her subject to the exclusion;

the period of the exclusion ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.

2 At the end of subsection 553B(3)

Add:

; or (e) satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).

3 Section 597

Repeal the section.

4 Subsection 634(1)

Omit "subsection (2)", substitute "subsections (1B) and (2)".

5 At the end of subsection 634(1)

Add:

(1A)
Subsection (1) extends to a person who makes a claim for newstart allowance on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.

(1B)
If a person to whom a newstart allowance is not payable under subsection
(1)
for a period of 26 weeks (including that subsection as it applies by subsection (1A)) does either of the following during that period:

(a)
moves back to the place of residence (the original place of residence ) the movement from which resulted in newstart allowance not being payable to him or her;

(b)
moves to another place of residence a movement to which from the original place of residence would not have resulted in newstart allowance not being payable to him or her;

the period of 26 weeks ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.

6 At the end of subsection 634(3)

Add:

; or (d) satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).

7 At the end of subsection 634(3)

Add:

Note: For family member see subsection 23(1).

8 Subsection 634(4) (note)

Repeal the note.


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