Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1995 No. 1, 1996 - SCHEDULE 4

                         SCHEDULE 4                    Section 3

AMENDMENT OF THE SOCIAL SECURITY ACT 1991 TO INCREASE FLEXIBILITY
OF REPORTING REQUIREMENTS FOR RECIPIENTS OF NEWSTART ALLOWANCE 1. Section 600:
Repeal, substitute: Prospective determinations for some allowance recipients

"600.(1) A person is qualified for newstart allowance for a period if:

   (a)  the person is receiving newstart allowance; and

   (b)  the Secretary considers at the start of the period that:

        (i)    the person may reasonably be expected to satisfy the
               qualification requirements for newstart allowance (sections 593
               to 599) during the period; and

        (ii)   it is reasonable to expect that newstart allowance will be
               payable to the person for the period; and

        (iii)  the person will comply with the Act during the period; and

   (c)  the person is not indebted at the start of the period to the
        Commonwealth under or as a result of this Act; and

   (d)  one or more of subsections (3), (4), (5), (6) and (7) apply to the
        person at the start of the period.

"(2) The Minister:

   (a)  must determine in writing guidelines for making decisions under
        paragraph (1)(b); and

   (b)  may revoke or vary the determination. If the Minister revokes a
        determination, the Minister must determine guidelines that take effect
        immediately after the revocation. A determination is a disallowable
        instrument.

"(3) This subsection applies to a person who has a Case Management Activity
Agreement with a case manager if the Secretary has decided (either on the
recommendation of the case manager or on the Secretary's own initiative) not
to give the person recipient statement notices under section 658 at intervals
of a fortnight or less. For this purpose, Case Management Activity Agreement
and case manager have the meanings that they have in the
Employment Services Act 1994.

"(4) This subsection applies to a person who satisfies the activity test:

   (a)  under subsection 601(2) (except subparagraph 601(2)(a)(i)); or

   (b)  under subsection 601(4) by taking reasonable steps to comply with a
        Newstart Activity Agreement that requires the person to undertake
        full-time unpaid voluntary work proposed by the person and approved by
        the Secretary; or

   (c)  under section 603AA (which provides for a person to satisfy the
        activity test by engaging in full-time unpaid voluntary work).

"(5) This subsection applies to a person if:

   (a)  the person is incapacitated for work; and

   (b)  under Subdivision BA the person is not required to satisfy the
        activity test.

"(6) This subsection applies to a person if:

   (a)  the person has been receiving a social security pension, social
        security benefit or job search allowance in respect of a continuous
        period of at least 12 months (whether or not the kind of payment
        received has changed over the period and whether the period or any
        part of it occurred before or after the commencement of this section);
        and

   (b)  the person is at least 50; and

   (c)  the Secretary considers that the person's income from employment is
        not likely to increase during the period (whether as a result of a
        person becoming employed or otherwise).

"(7) This subsection applies to a person if the Secretary considers that the
person should be qualified for newstart allowance for the period because of
one or more of the following:

   (a)  the place where the person lives;

   (b)  the person's recent employment history;

   (c)  the state of the labour market;

   (d)  any other reason that the Secretary considers relevant.".