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SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (DISABILITY SUPPORT PENSION PARTICIPATION REFORMS) ACT 2012 (NO. 51, 2012) - SCHEDULE 1

Work rule for disability support pension

   

Social Security Act 1991

1  After Section 95

Insert:

96   Continuation of disability support pension

             (1)  This section applies to a person if:

                     (a)  the person is receiving disability support pension; and

                     (b)  the person would, apart from this section, cease to be qualified for disability support pension because the person obtains paid work that is for:

                              (i)  at least 15 hours per week; and

                             (ii)  not more than 30 hours per week.

             (2)  A person to whom this section applies continues to be qualified for disability support pension.

2  Paragraph 1035A(4)(b)

Omit "15", substitute "30".

3  Subparagraph 1035A(4)(e)(i)

Omit "15", substitute "30".

4  Paragraph 1061ZD(2)(b)

Omit "15", substitute "30".

Social Security (Administration) Act 1999

5  Paragraph 96(1)(a)

Omit "15", substitute "30".

6  Paragraph 97(1)(a)

Omit "15", substitute "30".

7  Paragraph 97A(2)(b)

Omit "15", substitute "30".

8  Transitional

If:

                     (a)  before this item commences, the Secretary suspended a person's disability support pension because the person obtained paid work that was for:

                              (i)  at least 15 hours per week; and

                             (ii)  not more than 30 hours per week; and

                     (b)  immediately before this item commences, the suspension is in effect;

then:

                     (c)  as soon as practicable after this item commences, the Secretary must, for the purposes of section 85 of the Social Security (Administration) Act 1999 , reconsider the suspension; and

                     (d)  if, having regard to the Social Security Act 1991 as in force on 1 July 2012, the Secretary is satisfied that disability support pension is payable to the person--the Secretary must, under that section, determine that disability support pension is payable to the person; and

                     (e)  section 114 of the Social Security (Administration) Act 1999 applies to any such determination.


 



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