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SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1995 No. 1, 1996 - SCHEDULE 5

                        SCHEDULE 5                 Section 3
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO AMALGAMATE JOB SEARCH
ALLOWANCE AND NEWSTART ALLOWANCE 1. Section 3 (Index of definitions): Omit:
  "approved organisation       15(1)".
2. Paragraph 5(10)(c): Omit ", job search allowance". 3. Subsection 5(10):
Omit "540, 541, 541A, 542,". 4. Subparagraph 8(8)(r)(i): Omit "job search or".
5. Subsection 9(1) (definition of assessable period): After paragraph (b),
insert:

"(ba) a job search allowance; or". 6. Paragraphs 11(10)(d), (e) and (f): Omit,
substitute:

"(d) if the person is a member of a couple and, immediately before the person
and the person's partner became members of that couple, the person was
receiving a pension, benefit or payment referred to in paragraph (a), (b) or
(c) or a job search allowance and the person's partner was receiving such a
pension, benefit or payment, a job search allowance or a youth training
allowance-the period of 12 months beginning on the day on which they became
members of that couple; or

   (e)  if:

        (i)    the person is a member of a couple but paragraph (d) does not
               apply; and

        (ii)   the person's partner is receiving a pension, benefit or payment
               referred to in paragraph (a), (b) or (c), a job search
               allowance or a youth training allowance; the period of 12
               months beginning on the day on which:

        (iii)  the pension, benefit or payment referred to in paragraph (a),
               (b) or (c) or the job search allowance first became payable to
               the person; or

        (iv)   the pension, benefit or payment referred to in paragraph (a),
               (b) or (c), the job search allowance or the youth training
               allowance first became payable to the person's partner;
               whichever was the earlier; or

   (f)  otherwise-the period of 12 months beginning on the day on which a
        pension, benefit or payment referred to in paragraph (a), (b) or (c)
        or a job search allowance first became payable to the person; and to
        each following and each preceding period of 12 months.". 7. Paragraph
        12C(5)(c): Omit. 8. Subsections 14A(1) and (2): Omit "2.11,". 9.
        Subsection 14A(3): Omit "job search allowance," (wherever occurring).
        10. Subparagraph 14A(3)(b)(ii): Omit "job search allowance". 11.
        Subsection 14A(6): Omit "519,". 12. Subsection 15(1) (definition of
        approved organisation): Omit. 13. After paragraph 15(2)(aa): Insert:

"(ab) a job search allowance;". Note: The heading to section 15 is altered by
omitting "JSA and". 14. Subsection 15(2) (Note): Omit "524", substitute
"603AA". 15. Subsection 17(1) (definition of former payment type): After
paragraph (h) insert:

"(ha) a job search allowance; or". 16. Subsection 23(1): Insert:

"job search allowance means job search allowance under this Act as previously
in force. this Act means this Act as originally enacted or as amended and in
force at any time.". 17. Subsection 23(1) (definition of activity test
deferment period): Omit paragraph (a), substitute:

"(a) a period worked out under section 546A of this Act as previously in force
in relation to the application of a JSA automatic deferment provision included
in Subdivision E of Division 1 of Part 2.11 of this Act as previously in
force; or". 18. Subsection 23(1) (definition of administrative breach
deferment period): Omit paragraph (a), substitute:

"(a) a period worked out under section 547A of this Act as previously in force
in relation to the application of a JSA automatic deferment provision included
in Subdivision F of Division 1 of Part 2.11 of this Act as previously in
force; or". 19. Subsection 23(1) (definition of assurance of support debt):
Omit paragraph (d), substitute:

"(d) job search allowance; or". 20. Subsection 23(1) (definition of
Commonwealth funded employment program): Omit "job search or". 21. Subsection
23(1) (definition of compensation arrears debt): Omit "589,". 22. Subsection
23(1) (definition of education leavers waiting period): Omit paragraph (b).
23. Subsection 23(1) (definition of income support payment): After paragraph
(a) insert:

"(aa) a job search allowance; or". 24. Subsection 23(1) (definition of JSA
automatic deferment provision): After "means" insert "any of the following
provisions of this Act as previously in force". 25. Subsection 23(1)
(definition of JSA discretionary deferment provision): After "means" insert
"any of the following provisions of this Act as previously in force". 26.
Subsection 23(1) (definition of newly arrived resident's waiting period): Omit
paragraph (a). 27. Subsection 23(1) (definition of ordinary waiting period):
Omit paragraph (b). 28. Subsection 23(1) (definition of partner allowance
automatic deferment provision): Omit "subsection 547(1)", substitute "section
771HO". 29. Subsection 23(1) (definition of recipient notification notice):
Omit paragraph (h). 30. Subsection 23(1) (definition of recipient statement
notice): Omit paragraph (h). 31. Subsection 23(1) (definition of social
security benefit): Omit paragraph (b). 32. Subsection 23(1) (definition of
social security recipient status): After "benefit," insert "a job search
allowance,". 33. Subsection 23(1) (definition of unused annual leave waiting
period): Omit paragraph (b). 34. Subsection 23(1) (definition of waiting
period): Omit paragraphs (d), (e), (f) and (fa). 35. Subsection 23(4A): Omit
"2.11,". 36. Subsection 23(4A) (Note):

   (a)  Omit "a job search allowance or".

   (b)  Omit "those allowances", substitute "that allowance". 37. Subsection
        23(10): Omit "Part 2.11 (job search allowance),". 38. Subsection
        23(10) (Note 1): Omit "536,". 39. Subsection 23(10) (Note 2): Omit
        "539,". 40. Subsection 23(10B): Omit "519,". 41. Section 28: Repeal.
        42. After subparagraph 82(5)(b)(iia): Insert:

"(iib) was receiving a job search allowance; or". 43. Subsection 103(2) (Note
2): Omit "job search and newstart allowances", substitute "newstart
allowance". 44. After subparagraph 146F(5)(b)(iia): Insert:

"(iib) was receiving a job search allowance; or". 45. Subsection 151(2) (Note
2): Omit "job search and newstart allowances", substitute "newstart
allowance". 46. Subsection 202(2) (Note 2): Omit "job search and newstart
allowances", substitute "newstart allowance". 47. Subsection 258(2) (Note 2):
Omit "job search and newstart allowances", substitute "newstart allowance".
48. Subsection 321(2) (Note 2): Omit "job search and newstart allowances",
substitute "newstart allowance". 49. Subsection 368(2) (Note 2): Omit "job
search and newstart allowances", substitute "newstart allowance". 50.
Paragraph 408QA(1)(b): Omit, substitute:

"(b) the person has been receiving income support payments in respect of a
continuous period of at least 9 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 paragraph); and Note 1: For
income support payment see subsection 23(1). Note 2: For the determination of
whether a person received income support payments in respect of a continuous
period of at least 9 months see section 38B.". 51. Subsection 418(2) (Note 2):
Omit "job search and newstart allowances", substitute "newstart allowance".
52. After subparagraph 469(6)(b)(iia): Insert:

"(iib) was receiving a job search allowance; or". 53. Paragraph 469(7)(a):
After "social security benefit," insert "job search allowance". 54. Part 2.11:
Repeal. 55. Subparagraph 593(1)(g)(i): Omit " is at least 18", substitute
"subject to subsection (2B), is at least 16 years of age". 56. Paragraph
593(1)(h): Omit. 57. Paragraph 593(1)(i): Omit "a job search allowance or".
58. Subsection 593(1) (Notes 11 and 12): Omit, substitute:

"Note 12: A person could be in receipt of a youth training allowance during a
period for which the person would qualify for a newstart allowance, if
paragraph (i) was disregarded, because of section 67 of the Student and Youth
Assistance Act 1973 (extension of youth training allowance to end of payment
period).". 59. Subsection 593(1) (Note 17): Omit. 60. Paragraph 593(2)(c):
Before "at all times" insert "if subsection 604(1) applies to the person,".
61. Paragraph 593(2)(d): Before "at all times" insert "if subsection 604(1)
applies to the person,". 62. Paragraph 593(2)(e): Omit "when", substitute
"if". 63. Paragraph 593(2)(h): Omit. 64. Paragraph 593(2)(i): Omit "a job
search allowance or". 65. Subsection 593(2) (Notes 8 and 9): Omit, substitute:

"Note 9: A person could be in receipt of a youth training allowance during a
period for which the person would qualify for a newstart allowance, if
paragraph (i) was disregarded, because of section 67 of the Student and Youth
Assistance Act 1973 (extension of youth training allowance to end of payment
period).". 66. After subsection 593(2A): Insert:

"(2B) A person who is under the age of 18 years is not qualified for a
newstart allowance at a particular time (the relevant time) unless:

   (a)  the person was in receipt of job search allowance immediately before
        20 September 1996; and

   (b)  the person was in receipt of newstart allowance throughout the period
        (the test period) from and including that date until the relevant time
        other than any part of the test period that was not longer than 6
        weeks.". 67. Subsections 598(6) and (7): Omit, substitute:

"(6) Subsection (1) does not apply to a person who becomes qualified for
newstart allowance at the end of a continuous period in respect of which the
person received income support payments (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 subsection). Note 1: For
income support payment see subsection 23(1). Note 2: For the determination of
the continuous period in respect of which a person received income support
payments see section 38B.". 68. Subsections 599(2) and (3): Omit. 69. Section
599A: Repeal. 70. Section 601 (Note): After paragraph (c) insert:

"; (d) section 603AA (voluntary work).". 71. Section 602: Repeal, substitute:
Relief from activity test-certain people over 50 in employment

"602. If a person has received income support payments 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), the person is
taken to satisfy the activity test if:

   (a)  the person is at least 50 years of age; and

   (b)  the person is in employment that began on or after 1 January 1990; and

   (c)  the person earns at least 35% of average male full-time weekly
        earnings from the employment. Note 1: For income support payment see
        subsection 23(1). Note 2: For the determination of whether a person
        received income support payments in respect of a continuous period of
        at least 12 months see section 38B. Note 3: For activity test see
        section 601. Note 4: For average male full-time weekly earnings see
        section 15.". 72. Subparagraph 603A(3)(a)(i): Add at the end "of this
        Act as previously in force". 73. After section 603A: Insert: Relief
        from activity test-people engaged in voluntary work

"603AA.(1) Subject to this section, a person is taken to satisfy the activity
test in respect of a period (the relevant period) if:

   (a)  on each day in the relevant period the person is engaged in full-time
        unpaid voluntary work; and

   (b)  if the person is under 50 years of age-the person has been a qualified
        beneficiary for:

        (i)    if the person is under 18 years of age-at least 3 months; or

        (ii)   if the person has reached 18 years of age-at least 6 months;
               immediately before the person starts working for the
               organisation.

"(2) Paragraph (1)(b) does not apply to a person in respect of the relevant
period if the person has received income support payments in respect of a
continuous period of at least 12 months immediately before the start of the
relevant period (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).

"(3) Subsection (1) does not apply to a person in respect of a day if:

   (a)  in respect of a person who is under 50 years of age-there are already
        30 days in the same calendar year on which the person is taken to
        satisfy the activity test because of that subsection; or

   (b)  in respect of a person who has reached 50 years of age-there are
        already 65 days in the same calendar year on which the person is taken
        to satisfy the activity test because of that subsection; or

   (c)  in respect of any person-having regard to the opportunities, or
        possible opportunities, for employment that become available to the
        person on or before the day, the Secretary considers that that
        subsection should not apply to the person in relation to that day.
        Note 1: For activity test see section 601. Note 2: For qualified
        beneficiary see section 15. Note 3: For income support payment see
        subsection 23(1). Note 4: For the determination of whether a person
        received income support payments in respect of a continuous period of
        at least 12 months see section 38B.". 74. After subsection 604(1A):
        Insert:

"(1B) Subsection (1) does not apply to a person who:

   (a)  is under 18 years of age; or

   (b)  has reached 18 years of age and has not been registered by the CES as
        unemployed for more than 12 months; but the Secretary may require such
        a person to enter into a Newstart Activity Agreement.". 75. Paragraph
        604(2)(b): Omit, substitute:

"(b) immediately before that day, the person was a party to:

        (i)    a Youth Training Activity Agreement under Part 8 of the Student
               and Youth Assistance Act 1973; or

        (ii)   a Job Search Activity Agreement under this Act as previously in
               force; and". 76. Subsection 605(1): Omit "must", substitute
               "may". 77. Subsection 607A(2): Omit, substitute:

"(2) For the purposes of subparagraph (1)(b)(ii), the person's maximum basic
rate is:

   (a)  if the person is under 18 years of age-the person's maximum basic rate
        worked out under Module B of Benefit Rate Calculator A; or

   (b)  if the person has reached 18 years of age-the person's maximum basic
        rate worked out under Module B of Benefit Rate Calculator B.". 78.
        Subsection 607B(3): Omit, substitute:

"(3) For the purposes of subparagraph (1)(b)(ii) and paragraph (2)(b), the
person's maximum basic rate is:

   (a)  if the person is under 18 years of age-the person's maximum basic rate
        worked out under Module B of Benefit Rate Calculator A; or

   (b)  if the person has reached 18 years of age-the person's maximum basic
        rate worked out under Module B of Benefit Rate Calculator B.". 79.
        Before subparagraph 608(1)(j)(i): Insert:

"(ia) a period of non-payment was imposed on the person before 20 September
1996 under section 526 of this Act as in force before that date and the period
extended beyond that date; or". 80. Subsection 611(1): Omit, substitute:

"(1) A newstart allowance is not payable to a person if:

   (a)  the person is not excluded from the newstart allowance assets test;
        and

   (b)  the value of the person's assets is more than the person's assets
        value limit.

"(1A) A person is excluded from the newstart allowance assets test if the
person:

   (a)  is under 18 years of age; and

   (b)  is not a member of a couple; and

   (c)  does not have a dependent child; and

   (d)  is not an independent young person; and

   (e)  is not a homeless person.". 81. Subsection 614(2) (Note 2): Omit "and
        `social security benefit' includes job search allowance". 82.
        Paragraph 615(1)(a): Omit. 83. Paragraph 617(1)(b): Omit "period;
        and", substitute "period.". 84. Paragraph 617(1)(c): Omit. 85.
        Subsections 617(2) and (3): Omit, substitute:

"(2) Subsection (1) does not apply to a person who becomes qualified for
newstart allowance at the end of a continuous period in respect of which the
person received income support payments (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 subsection). Note 1: For
income support payment see subsection 23(1). Note 2: For the determination of
the continuous period in respect of which a person received income support
payments see section 38B.". 86. Paragraph 620(a): Omit, substitute:

"(a) at some time in the 13 weeks immediately before the person's provisional
commencement day, the person received an income support payment; or Note: For
income support payment see subsection 23(1).". 87. Subsection 621(6): Omit,
substitute:

"(6) If:

   (a)  after the commencement of the subsection for which this subsection is
        substituted and before 20 September 1996, a person became unemployed
        and claimed job search allowance; and

   (b)  because of sections 538 and 539 of this Act as in force before that
        date (ordinary waiting period), job search allowance was not payable
        to the person for a period starting on the day (the applicable day)
        applicable to the person under subparagraph (i), (ii) or (iii), as the
        case may be:

        (i)    if the person was not subject to a job search allowance unused
               annual leave waiting period and was not disqualified for job
               search allowance under section 519 of this Act as so in force
               (liquid assets test)-the person's job search allowance
               provisional commencement day; or

        (ii)   if the person was subject to a job search allowance unused
               annual leave waiting period and was not disqualified for job
               search allowance under section 519 of this Act as so in force
               (liquid assets test)-the day after the day on which the
               person's job search allowance unused annual leave waiting
               period ended; or

        (iii)  if the person was disqualified for job search allowance under
               section 519 of this Act as so in force (liquid assets test)-the
               day after the day on which the person's job search allowance
               liquid assets waiting period ended; and

   (c)  during that period the person claimed newstart allowance; then,
        despite subsections (1), (2) and (3), the person's ordinary waiting
        period is a period of 7 days starting on the applicable day.". 88.
        Paragraph 622(1)(c): Omit, substitute:

"(c) immediately before stopping the course, was not receiving an income
support payment; and". 89. Paragraph 622(1)(d): Omit "a job search allowance
or". 90. Subsection 622(1): Add at the end:

"; and (f) is not covered by subsection (6) (people otherwise qualified for
special benefit).". 91. Subsections 622(2) and (3): Omit, substitute:

"(2) Subsection (1) does not apply to a person who becomes qualified for
newstart allowance at the end of a continuous period in respect of which the
person received income support payments (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 subsection). Note 1: For
income support payment see subsection 23(1). Note 2: For the determination of
the continuous period in respect of which a person received income support
payments see section 38B.". 92. After section 622(4): Insert:

"(4A) Subsection (1) does not apply to a person if:

   (a)  the person is receiving a social security pension, a social security
        benefit or a youth training allowance; and

   (b)  the person stops receiving the pension, benefit or allowance on a
        particular day (the termination day); and

   (c)  the person undertakes a full-time course of education of at least 6
        months duration; and

   (d)  the person stops the course; and

   (e)  the person's provisional commencement day is within 12 months after
        the termination day. Note 1: For social security pension and social
        security benefit see subsection 23(1). Note 2: For provisional
        commencement day see section 615.". 93. Section 622: Add at the end:

"(6) A person is not subject to an education leavers waiting period if the
Secretary is satisfied that special benefit would be payable to the person
during the waiting period if the person were subject to the waiting period.
Note: For education leavers waiting period see subsection 23(1).". 94. Section
623: Repeal, substitute: Duration of education leavers waiting
period-non-secondary school leavers People covered by this section

"623.(1) This section applies to a person unless section 623AA (secondary
school leavers) applies to the person. General rule

"(2) Subject to this section, the education leavers waiting period starts on
the person's provisional commencement day and lasts for:

   (a)  13 weeks if, on the person's provisional commencement day, the person:

        (i)    has not reached the age of 21 years; and

        (ii)   is not a member of a couple; and

        (iii)  does not have a dependent child; or

   (b)  6 weeks if, on the person's provisional commencement day, the person:

        (i)    has reached the age of 21 years; or

        (ii)   is a member of a couple; or

        (iii)  has a dependent child. Note 1: The duration of the education
               leavers waiting period may be modified by:

   (a)  subsections (3) and (4) (change of status during waiting period);

   (b)  subsection (6) (periods of employment or periods on special benefit);

   (c)  subsections (7) and (8) (periods of part-time employment);

   (d)  subsection (10) (previous periods of non-payment because of education
        leavers waiting period);

   (e)  subsection (11) (6 months ceiling). Note 2: For provisional
        commencement day see section 615. Change of status in first 6 weeks

"(3) Subject to subsection (5), if:

   (a)  a person who is covered by paragraph (1)(a):

        (i)    reaches the age of 21 years; or

        (ii)   becomes a member of a couple; or

   (b)  a young person becomes a dependent child of someone who is covered by
        paragraph (1)(a); within 6 weeks from and including the person's
        provisional commencement day, the education leavers waiting period
        starts on the person's provisional commencement day and lasts for 6
        weeks. Note: For provisional commencement day see section 615. Change
        of status after 6 weeks

"(4) Subject to subsection (5), if:

   (a)  a person who is covered by paragraph (1)(a):

        (i)    reaches the age of 21 years; or

        (ii)   becomes a member of a couple; or

   (b)  a young person becomes a dependent child of someone who is covered by
        paragraph (1)(a); in the period:

   (c)  starting at the end of 6 weeks from the person's provisional
        commencement day; and

   (d)  lasting for 6 weeks; the education leavers waiting period starts on
        the person's provisional commencement day and ends on the day before
        the day on which the person is first covered by paragraph (a) or (b).
        Note: For provisional commencement day see section 615. Notification
        required

"(5) For the purposes of subsections (3) and (4):

   (a)  a person is not taken to have become a member of a couple; and

   (b)  a young person is not taken to have become a dependent child of
        someone; until the person tells the Department that this is the case.
        Reduction of waiting period for periods of special benefit and
        full-time employment

"(6) The waiting period imposed by subsection (2) or (3) is reduced by a
period equivalent to:

   (a)  if the person is subject to a 13 week education leavers waiting
        period-any period during which the person was employed on a full-time
        basis after stopping the course; and

   (b)  if the person is subject to a 6 week education leavers waiting
        period-any period during which the person has been employed, at any
        time, on a full-time basis; and

   (c)  any period during which the person was paid special benefit after
        stopping the course. Reduction of waiting period for periods of
        part-time work

"(7) The waiting period imposed by subsection (2) or (3) is reduced by the
period worked out under subsection (8) if the person has had at least 35 hours
of part-time work. Note: For part-time work see subsection (12). Calculation
of part-time work reduction

"(8) If subsection (7) applies to the person, the waiting period reduction is:

   (a)  one week for the first 35 hours of part-time work the person has had;
        and

   (b)  one day for each complete additional 7 hours of part-time work the
        person has had. Date of part-time work

"(9) If the person is subject to a 13 week education leavers waiting period,
only part-time work that the person has had since stopping the course of
education is taken into account for the purposes of subsections (7) and (8).
Reduction of education leavers waiting period if already partially served

"(10) If:

   (a)  a person is subject to an education leavers waiting period; and

   (b)  the person started the course concerned at a time when a job search
        allowance, a youth training allowance, a newstart allowance or
        sickness allowance was not payable to the person because of an
        education leavers waiting period; and

   (c)  the person's provisional commencement day is within 12 months after
        the person started the course concerned; the duration of the education
        leavers waiting period is reduced by the number of days of the
        previous education leavers waiting period that the person had served
        immediately before starting the course. Note 1: For provisional
        commencement day see section 615. Note 2: For education leavers
        waiting period see section 23. 6 month ceiling

"(11) An education leavers waiting period that applies in respect of a course
of study undertaken by a person is not to extend more than 6 months after the
person has stopped the course. Interpretation

"(12) In this section: part-time work means work engaged in otherwise than on
a full-time basis and includes such work engaged in on a casual basis.
Duration of education leavers waiting period-secondary school leavers People
covered by this section

"623AA.(1) This section applies to a person if the course of education that
the person stops is a full-time course of education at a secondary school.
General rule

"(2) Subject to this section, the education leavers waiting period starts on
the person's waiting period start day and lasts for:

   (a)  13 weeks if, on that day, the person:

        (i)    has not reached the age of 21 years; and

        (ii)   is not a member of a couple; and

        (iii)  does not have a dependent child; or

   (b)  6 weeks if, on that day, the person:

        (i)    has reached the age of 21 years; or

        (ii)   is a member of a couple; or

        (iii)  has a dependent child. Note 1: The duration of the education
               leavers waiting period may be modified by:

   (a)  subsections (3) and (4) (change of status during waiting period);

   (b)  subsection (6) (15 February cut-off);

   (c)  subsection (7) (periods of full-time employment or periods on special
        benefit);

   (d)  subsections (8) and (9) (periods of part-time employment);

   (e)  subsection (11) (previous periods of non-payment because of education
        leavers waiting period). Note 2: For waiting period start day see
        subsection (12). Change of status in first 6 weeks

"(3) Subject to subsection (5), if:

   (a)  a person who is covered by paragraph (2)(a):

        (i)    reaches the age of 21 years; or

        (ii)   becomes a member of a couple; or

   (b)  a young person becomes a dependent child of someone who is covered by
        paragraph (2)(a); within 6 weeks from and including the person's
        waiting period start day, the education leavers waiting period starts
        on the person's waiting period start day and lasts for 6 weeks. Note:
        For waiting period start day see subsection (12). Change of status
        after 6 weeks

"(4) Subject to subsection (5), if:

   (a)  a person who is covered by paragraph (2)(a):

        (i)    reaches the age of 21 years; or

        (ii)   becomes a member of a couple; or

   (b)  a young person becomes a dependent child of someone who is covered by
        paragraph (2)(a); in the period:

   (c)  starting at the end of 6 weeks from the person's waiting period start
        day; and

   (d)  lasting for 6 weeks; the education leavers waiting period starts on
        the person's waiting period start day and ends on the day before the
        day on which the person is first covered by paragraph (a) or (b).
        Note: For waiting period start day see subsection (12). Notification
        required

"(5) For the purposes of subsections (3) and (4):

   (a)  a person is not taken to have become a member of a couple; and

   (b)  a young person is not taken to have become a dependent child of
        someone; until the person tells the Department that this is the case.
        Waiting period to end on 15 February

"(6) If, apart from this subsection, a person's education leavers waiting
period would end later than 15 February next after the person's waiting period
start day, then the waiting period ends on that 15 February. Reduction of
waiting period for periods of special benefit and full-time employment

"(7) The waiting period imposed by subsection (2) or (3) is reduced by a
period equivalent to:

   (a)  if the person is subject to a 13 week education leavers waiting
        period-any period during which the person was employed on a full-time
        basis after stopping the course; and

   (b)  if the person is subject to a 6 week education leavers waiting
        period-any period during which the person has been employed, at any
        time, on a full-time basis; and

   (c)  any period during which the person was paid special benefit after
        stopping the course. Reduction of waiting period for periods of
        part-time work

"(8) The waiting period imposed by subsection (2) or (3) is reduced by the
period worked out under subsection (9) if the person has had at least 35 hours
of part-time work. Note: For part-time work see subsection (12). Calculation
of part-time work reduction

"(9) If subsection (8) applies to the person, the waiting period reduction is:

   (a)  one week for the first 35 hours of part-time work the person has had;
        and

   (b)  one day for each complete additional 7 hours of part-time work the
        person has had. Date of part-time work

"(10) If the person is subject to a 13 week education leavers waiting period,
only part-time work that the person has had since stopping the course of
education is taken into account for the purposes of subsections (8) and (9).
Reduction of education leavers waiting period if already partially served

"(11) If:

   (a)  a person is subject to an education leavers waiting period; and

   (b)  the person started the course concerned at a time when a job search
        allowance, a youth training allowance, a newstart allowance or
        sickness allowance was not payable to the person because of an
        education leavers waiting period; and

   (c)  the person's provisional commencement day is within 12 months after
        the person started the course concerned; the duration of the education
        leavers waiting period is reduced by the number of days of the
        previous education leavers waiting period that the person had served
        immediately before starting the course. Note 1: For provisional
        commencement day see section 615. Note 2: For education leavers
        waiting period see subsection 23(1). Interpretation

"(12) In this section: part-time work means work engaged in otherwise than on
a full-time basis and includes such work engaged in on a casual basis. waiting
period start day, in relation to a person, means the day after the day on
which the person stops a full-time course of education at a secondary
school.". 95. Subsections 630A(7) to (10): Omit, substitute:

"(7) For the purposes of subsection (6), if the person:

   (a)  was receiving a job search allowance; and

   (b)  ceased for a period of not longer than 6 weeks to receive the
        allowance; and

   (c)  at the end of the period either:

        (i)    began again to receive a job search allowance; or

        (ii)   would, apart from this section, have begun again to receive a
               job search allowance; the person is taken to have been
               continuously receiving the job search allowance during the
               period.

"(8) For the purposes of subsection (6), if the person:

   (a)  was receiving a job search allowance; and

   (b)  ceased for a period of not longer than 13 weeks to receive the
        allowance; and

   (c)  at the end of the period either:

        (i)    began to receive a newstart allowance; or

        (ii)   would, apart from this section, have begun to receive a
               newstart allowance; the person is taken to have been
               continuously receiving the newstart allowance during the
               period.

"(9) For the purposes of subsection (6), if the person:

   (a)  was receiving a newstart allowance; and

   (b)  ceased for a period of not longer than 13 weeks to receive the
        allowance; and

   (c)  at the end of the period either:

        (i)    began again to receive a newstart allowance; or

        (ii)   would, apart from this section, have begun again to receive a
               newstart allowance; the person is taken to have been
               continuously receiving the newstart allowance during the
               period.

"(10) For the purposes of subsection (6), if the person:

   (a)  is in receipt of a newstart allowance; and

   (b)  has received income support payments in respect of a continuous period
        of less than 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 subsection); and
        Note 1: For income support payment see subsection 23(1). Note 2: For
        the determination of the continuous period in respect of which a
        person received income support payments see section 38B.

   (c)  ceased for a period of not longer than 6 weeks to receive the newstart
        allowance; and

   (d)  at the end of the period either:

        (i)    began again to receive a newstart allowance; or

        (ii)   would, apart from this section, have begun again to receive a
               newstart allowance; the person is taken to have been
               continuously receiving the newstart allowance during the
               period.

"(11) For the purposes of subsection (6), if the person:

   (a)  is in receipt of a newstart allowance; and

   (b)  has received income support payments 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 subsection); and
        Note 1: For income support payment see subsection 23(1). Note 2: For
        the determination of the continuous period in respect of which a
        person received income support payments see section 38B.

   (c)  ceased for a period of not longer than 13 weeks to receive newstart
        allowance; and

   (d)  at the end of the period either:

        (i)    began again to receive a newstart allowance; or

        (ii)   would, apart from this section, have begun again to receive a
               newstart allowance; the person is taken to have been
               continuously receiving the newstart allowance during the
               period.

"(12) For the purposes of subsection (6), if:

   (a)  the person was receiving a job search allowance or a newstart
        allowance; and

   (b)  as a result of the application of an automatic deferment provision or
        a discretionary deferment provision, a job search allowance or a
        newstart allowance was not payable to the person for a period; and

   (c)  at the end of the period the person began to receive a newstart
        allowance; the person is taken to have been continuously receiving the
        newstart allowance during the period. Note: For automatic deferment
        provision and discretionary deferment provision see subsection
        23(1).". 96. After subsection 635(1): Insert:

"(1A) If:

   (a)  a person made a proper claim for job search allowance before 20
        September 1996; and

   (b)  the claim was not withdrawn, and had not been determined, before that
        date; then, despite any other provision of this Division, the claim is
        taken to be a proper claim made by the person for newstart allowance.

"(1B) Subsection (1) does not apply to a person if:

   (a)  the person was in receipt of job search allowance immediately before
        20 September 1996; or

   (b)  paragraph (a) does not apply but the person made a proper claim for
        job search allowance before that date and the claim was granted before
        that date.". 97. Paragraph 635(3)(a): Omit "a job search allowance
        or". 98. Paragraph 635(4)(a): Omit "job search", substitute
        "newstart". 99. Subsection 635(4) (Note): Omit "519", substitute
        "598". 100. Section 643: Repeal, substitute: How to work out a
        person's newstart allowance rate

"643. A person's newstart allowance rate is worked out using:

   (a)  if the person is under 18 years of age-the Benefit Rate Calculator A
        at the end of section 1067; or

   (b)  if the person has reached the age of 18 years-the Benefit Rate
        Calculator B at the end of section 1068. Note: For double payments on
        release from gaol see section 1161.". 101. After section 644: Insert
        in Division 4 of Part 2.12: NSA recipient may ask Secretary to change
        appropriate tax year

"644A.(1) If:

   (a)  the maximum basic rate of a person's newstart allowance has been
        reduced because of the parental income test provided in Module G of
        Benefit Rate Calculator A (see section 1067); and

   (b)  the person asks the Secretary to make a determination under this
        section; and

   (c)  the income of the person's income test parent or parents for the tax
        year in which the request is made is 75% or less than 75% of the
        income of the income test parent or parents for the tax year that was
        the appropriate tax year immediately before the request is made; the
        Secretary must determine that the appropriate tax year, for the
        purposes of applying that Module to the person for the period:

   (d)  starting on the day on which the request is made; and

   (e)  finishing on the first anniversary of that day; is the tax year in
        which the request is made.

"(2) A request under paragraph (1)(b) must be made in writing, in accordance
with a form approved by the Secretary.

"(3) Expressions used in subsection (1) have the same meanings as in Module G
of Benefit Rate Calculator A.

"(4) In this section: income, in relation to a person's income test parent,
means the parent's taxable income and the person's parental adjusted fringe
benefits value.". 102. Paragraph 660L(7)(a): Before "1068-G8A" insert
"1067-H8A or". 103. Paragraph 660L(8)(a): Before "1068-G8A" insert "1067-H8A
or". 104. Subsection 660LA(4): Omit "job search allowance", substitute
"newstart allowance". 105. Paragraph 660W(1)(b): Omit, substitute:

"(b) a person has been receiving income support payments in respect of a
continuous period of at least 9 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 paragraph); and". 106.
Subsection 660W(1): Insert before the Note:

"Note 1: For income support payment see subsection 23(1). Note 2: For the
determination of the continuous period in respect of which a person received
income support payments see section 38B.". 107. Subsection 660W(1) (Note):
Renumber as Note 3. 108. After subparagraph 660XBA(1)(d)(ii): Insert:

"(iia) a job search allowance;". 109. After paragraph 660XBA(1B)(b): Insert:

"(ba) a job search allowance;". 110. After subparagraph 660XKA(6)(b)(iia):
Insert:

"(iib) was receiving a job search allowance; or". 111. Paragraph 660XKA(7)(a):
After "social security benefit," insert "job search allowance,". 112. After
subparagraph 660YBA(3)(a)(ii): Insert:

"(iia) a job search allowance;". 113. Paragraph 660YCA(f): Omit "job search
allowance or". 114. Paragraph 660YCI(a): Omit "job search allowance or". 115.
Paragraph 660YCI (Note 1): Omit. 116. Paragraph 660YCA(1)(f): Omit "job search
allowance or". 117. Paragraph 661(1)(c): Omit, substitute:

"(c) immediately before the person commenced the employment:

        (i)    the person was receiving a job search allowance or a newstart
               allowance; and

        (ii)   the person had been receiving income support payments 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 paragraph); and Note 1: For
               income support payment see subsection 23(1). Note 2: For the
               determination of whether a person received income support
               payments in Note 2: respect of a continuous period of at least
               12 months see section 38B.". 118. Subsection 661(2): Omit. 119.
               Paragraph 663(1)(c): Omit, substitute:

"(c) immediately before the person commenced the employment:

        (i)    the person was receiving a job search allowance, a newstart
               allowance or a youth training allowance; and

        (ii)   the person had been receiving income support payments 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 paragraph); and Note 1: For
               income support payment see subsection 23(1). Note 2: For the
               determination of whether a person received income support
               payments in Note 2: respect of a continuous period of at least
               12 months see section 38B.". Note: The heading to section 663
               is altered by omitting "Job search" and substituting
               "Newstart". 120. Paragraph 663(2)(c): Omit, substitute:

"(c) immediately before the person commenced the employment:

        (i)    the person was receiving special benefit or sickness allowance;
               and

        (ii)   the person's partner was receiving a job search allowance, a
               newstart allowance or a youth training allowance; and

        (iii)  the partner had been receiving income support payments 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 paragraph); and Note 1: For
               income support payment see subsection 23(1). Note 2: For the
               determination of whether a person received income support
               payments in Note 2: respect of a continuous period of at least
               12 months see section 38B.". 121. Paragraph 664I(1)(b): Omit,
               substitute:

"(b) immediately before the person commenced the employment:

        (i)    the person was receiving partner allowance; and

        (ii)   the person's partner had been receiving income support payments
               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 paragraph); and Note
               1: For income support payment see subsection 23(1). Note 2: For
               the determination of whether a person received income support
               payments in Note 2: respect of a continuous period of at least
               12 months see section 38B.". 122. Divisions 5 and 6 of Part
               2.13A: Repeal, substitute:

"Division 6-Former job search, youth training or newstart
allowance recipients Payment to recipient

"665U.(1) A person is qualified for an education entry payment under this
section if:

   (a)  either:

        (i)    the Secretary is satisfied that the person intends to enrol in
               a full-time course of education that is an approved course
               under the AUSTUDY scheme or ABSTUDY scheme; or

        (ii)   the person is enrolled in such a course; and

   (b)  immediately before starting the course of education:

        (i)    the person is receiving a newstart allowance or a youth
               training allowance; and

        (ii)   the person had been receiving income support payments 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 Note 1: For income
               support payment see subsection 23(1). Note 2: For the
               determination of whether a person received income support
               payments in respect of a continuous period of at least 12
               months see section 38B.".

   (c)  the person:

        (i)    ceases to be qualified for newstart allowance or youth training
               allowance because the person takes part in the course of
               education; or

        (ii)   is not qualified for payments under the AUSTUDY scheme or
               ABSTUDY scheme because the person takes part in the course to
               satisfy the activity test under section 601 or to comply with a
               Newstart Activity Agreement; or

        (iii)  is not qualified for payments under the AUSTUDY scheme or
               ABSTUDY scheme because the person takes part in the course to
               comply with a Case Management Activity Agreement under the
               Employment  Services Act 1994 ; or

        (iv)   is not qualified for payments under the AUSTUDY scheme or
               ABSTUDY scheme because the person takes part in the course to
               satisfy the activity test under section 75 of the Student and
               Youth Assistance Act 1973 or to comply with a Youth Training
               Activity Agreement under that Act; and

   (d)  the person has not, within the last 12 months, received a payment
        under this Part.

"(2) A person is also taken to be qualified for an education entry payment
under this section if:

   (a)  immediately before 20 September 1996, the person:

        (i)    was qualified for an education entry payment under section 665Q
               of this Act, or under this section, as in force immediately
               before that date; or

        (ii)   would have been so qualified if the person had, before that
               date, duly made a claim for the payment; and

   (b)  the person has not received the payment. Amount of section 665U
        payment

"665V. The amount of an education entry payment under section 665U is $200.
Need for a claim

"665W. A person is not qualified for an education entry payment under section
665U unless:

   (a)  the person has made a claim for the payment; and

   (b)  the claim is in writing and in a form approved by the Secretary. Claim
        may be withdrawn

"665X.(1) A claimant for an education entry payment under this Division, or a
person on behalf of a claimant, may withdraw a claim that has not been
determined.

"(2) A claim that is withdrawn is taken not to have been made.

"(3) A withdrawal may be made orally or in writing.". 123. Subsection 666(9):
Omit "job search allowance,". 124. Subsection 667(5): Omit "job search
allowance,". 125. Paragraph 676(5)(b): Omit, substitute:

"(b) either:

        (i)    the person became unemployed before 20 September 1996 and,
               because of section 519 (job search allowance liquid assets test
               disqualification) of this Act as in force before that date, the
               person was not qualified for job search allowance during the
               period of 4 weeks that started on the day on which the person
               became unemployed; or

        (ii)   the person became or becomes unemployed and, because of section
               598 (newstart allowance liquid assets test disqualification) or
               because of section 72 of the Student and Youth Assistance Act
               1973 (youth training allowance liquid assets test
               disqualification), the person was not or is not qualified for
               newstart allowance or for youth training allowance during the
               period of 4 weeks that started or starts on the day on which
               the person became or becomes unemployed; and". 126. Paragraph
               677(1)(c): Omit "job search allowance or". 127. Subsection
               680(3) (Note 4): Omit "job search or newstart", substitute
               "sickness". 128. Subsection 686(2) (Note 2): Omit "job search
               and newstart allowances", substitute "newstart allowance". 129.
               Subsection 692(2): Omit, substitute:

"(2) If:

   (a)  after the commencement of the subsection for which this subsection is
        substituted, a person became or becomes unemployed and:

        (i)    claimed job search allowance before 20 September 1996; or

        (ii)   claimed or claims newstart allowance or youth training
               allowance; and

   (b)  because of sections 535 to 537 of this Act as in force before 20
        September 1996, sections 617 to 619 of this Act or sections 93 to 95
        of the Student and Youth Assistance Act 1973 (unused annual leave
        waiting period), the allowance was not or is not payable to the person
        for a period starting on the day after the day on which the person's
        employment ended; and

   (c)  during that period the person became or becomes temporarily
        incapacitated for work and claimed or claims sickness allowance; the
        person's unused annual leave waiting period is taken to have started
        on the day after the day on which the person's employment ended.".
        130. Paragraph 693(a): Omit, substitute:

"(a) at some time in the 13 weeks immediately before the person's provisional
commencement day, the person received an income support payment; or Note: For
income support payment see subsection 23(1).". 131. Subsection 694(5): Omit,
substitute:

"(5) If:

   (a)  after the commencement of the subsection for which this subsection is
        substituted and before 20 September 1996, a person became unemployed
        and claimed job search allowance; and

   (b)  because of sections 538 and 539 of this Act as in force before 20
        September 1996, (ordinary waiting period), job search allowance was
        not payable to the person for a period starting on the day (the
        applicable day) applicable to the person under subparagraph (i), (ii)
        or (iii), as the case may be:

        (i)    if the person was not subject to a job search allowance unused
               annual leave waiting period and was not disqualified for job
               search allowance under section 519 of this Act as in force
               before 20 September 1996 (liquid assets test)-the day that was
               the person's job search allowance provisional commencement day;
               or

        (ii)   if the person was subject to a job search allowance unused
               annual leave waiting period and was not disqualified for job
               search allowance under section 519 of this Act as so in force
               (liquid assets test)-the day after the day on which the
               person's job search allowance unused annual leave waiting
               period ended; or

        (iii)  if the person was disqualified for job search allowance under
               section 519 of this Act as so in force (liquid assets test)-the
               day after the day on which the person's job search allowance
               liquid assets waiting period ended; and

   (c)  during that period the person became temporarily incapacitated for
        work and claimed sickness allowance; then, despite subsections (1),
        (2) and (3), the person's ordinary waiting period is a period of 7
        days starting on the applicable day.". 132. Paragraph 695(1)(c): Omit,
        substitute:

"(c) immediately before stopping the course was not receiving an income
support payment; and Note: For income support payment see subsection 23(1).".
133. Paragraph 695(3)(a): After "benefit" insert ", job search allowance".
134. Subsection 696(3A): Omit, substitute:

"(3A) If:

   (a)  after the commencement of the subsection for which this section is
        substituted and before 20 September 1996, a person became unemployed
        and claimed job search allowance; and

   (b)  because of sections 540 and 541 of this Act as in force before 20
        September 1996 (education leavers waiting period-non-secondary school
        leavers), job search allowance was not payable to the person for a
        period starting on the person's provisional commencement day; and

   (c)  during that period the person claimed sickness allowance; then,
        despite subsections (1), (2) and (3), the person's education leavers
        waiting period is taken to have started on the day that was the
        person's job search allowance provisional commencement day.". 135.
        Subsection 728PA(4): Omit "job search", substitute "sickness". 136.
        Paragraph 728ZC(1)(b): Omit, substitute:

"(b) the person has been receiving income support payments in respect of a
continuous period of at least 9 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 paragraph); and Note 1: For
income support payment see subsection 23(1). Note 2: For the determination of
the continuous period in respect of which a person received income support
payments see section 38B.". 137. Paragraphs 729(2)(c) and (d): Omit,
substitute:

"(c) the person is not disqualified for a newstart allowance for the period
solely because of the operation of one or more of the following:

        (i)    subparagraph 593(g)(iv) (is not registered by the CES as being
               unemployed);

        (ii)   section 596 (unemployment due to industrial action);

        (iii)  section 597 (move to area of lower employment prospects); and

   (d)  if the person is qualified for a newstart allowance but the allowance
        is not payable to the person for the period-that result is not
        produced solely by the operation of one or more of the following:

        (i)    subsection 630C(4) (person failing to comply with Secretary's
               requirements);

        (ii)   section 624 (person failing to satisfy activity test);

        (iii)  section 628 (unemployment due to voluntary act);

        (iv)   section 629 (unemployment due to misconduct);

        (v)    section 630 (refusal of job offer);

        (vi)   section 631 (person failing to comply with notification
               requirement);

        (vii)  section 632 (person failing to continue CES registration);

        (viii) section 633 (seasonal workers);

        (ix)   section 634 (move to area of lower employment prospects); and".
               138. Subsection 729(4): Omit "job search allowance or". 139.
               Subsection 732(2) (Note): Omit "job search allowance or". 140.
               Subsection 735(2) (Note 2): Omit "job search and newstart
               allowances", substitute "newstart allowance". 141. Subsection
               746(2): Omit "job search allowance," (wherever occurring). 142.
               Subsection 768A(4): Omit "job search", substitute "newstart".
               143. Paragraph 771H(1)(b): Omit, substitute:

"(b) the person has been receiving income support payments in respect of a
continuous period of at least 9 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 paragraph); and Note 1: For
income support payment see subsection 23(1). Note 2: For the determination of
the continuous period in respect of which a person received income support
payments see section 38B.". 144. Paragraph 771HA(1)(c): Omit "job search
allowance,". 145. Subsection 771HA(1B): Omit, substitute:

"(1B) For the purposes of paragraph (1)(c), if the person's partner would be
receiving newstart allowance except for the imposition of a period of
non-payment under paragraph 608(1)(j) (other than subparagraph 608(1)(j)(x)),
the partner is taken to be receiving newstart allowance.". 146. Subsection
771HA(3): Omit "job search allowance,". 147. Paragraph 771HA(3)(b): Omit
"526(1)(j) or". 148. Subsection 771HA(3) (Note 2): Omit. 149. Section 771KA:
Omit "a job search allowance or". Note: The heading to section 771KA is
altered by omitting "job search allowance or". 150. Subsection 771KE(2): Omit
"job search allowance, (wherever occurring)". 151. Subparagraph
771NU(1)(c)(ii): After "benefit" insert "or a job search allowance". 152.
Paragraph 771NU(1)(e): Omit "job search allowance,". 153. Paragraph
771NU(3)(e): Omit "job search" (wherever occurring), substitute "newstart".
154. Subsection 771NX(6): Omit "job search" (wherever occurring), substitute
"newstart". 155. Subsection 787(2) (Note 2): Omit "job search and newstart
allowances", substitute "newstart allowance". 156. After subparagraph
822(5)(iia): Insert:

"(iib) was receiving a job search allowance; or". 157. Paragraph 909(1)(k):
Omit, substitute:

"(k) a period of non-payment of job search allowance or newstart allowance has
been applied to the person and the period has not ended (see section 926);
or". 158. Paragraph 926(1)(a): After "526(1)(j)" insert "of this Act as
previously in force". 159. Paragraph 951ZF(1)(b): Omit, substitute:

"(b) the person has been receiving income support payments in respect of a
continuous period of at least 9 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 paragraph); and". Note 1:
For income support payment see subsection 23(1). Note 2: For the determination
of the continuous period in respect of which a person received income support
payments see section 38B.". 160. Subsection 951ZF(1): After Note 1 insert:

"Note 1A: For income support payment see subsection 23(1).". 161. Subparagraph
1035(ba)(ii): Omit "job search allowance or". 162. Subparagraph 1058(1)(b)(i):
Omit, substitute:

"(i) to receive newstart allowance for a reason other than the application of
section 597, 601, 605 or 660IA; or". 163. Subparagraph 1061A(1)(b)(i): Omit
"job search allowance or". 164. Paragraph 1061A(2)(a): Omit "job search
allowance or". 165. Paragraphs 1061A(3)(a) and (b): Omit "job search allowance
or". 166. Subparagraph 1061A(3)(b)(i): Omit. 167. Section 1061EC: Omit "job
search allowance or of". Note: The heading to section 1061EC is altered by
omitting "job search allowance or". 168. Subsection 1061Q(2): Omit. 169.
Paragraph 1061Q(3)(a): Omit "job search", substitute "newstart". 170.
Paragraph 1061Q(3)(b): Omit, substitute:

"(b) the person has been receiving income support payments in respect of a
continuous period of at least 9 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 paragraph); and Note 1: For
income support payment see subsection 23(1). Note 2: For the determination of
the continuous period in respect of which a person received income support
payments see section 38B.". 171. Paragraph 1061Q(3A)(e): Omit, substitute:

"(e) the person's partner has been receiving income support payments in
respect of a continuous period of at least 9 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 paragraph). Note
1: For income support payment see subsection 23(1). Note 2: For the
determination of the continuous period in respect of which a person received
income support payments see section 38B.". 172. Subsection 1061Q(3A) (Note):
Renumber the Note as Note 1. 173. Subsection 1061Q(3A): Add at the end the
following Note:

"Note 2: For income support payment see subsection 23(1).". 174. Subsection
1067(1): Omit "job search", substitute "newstart". Note: The heading to
section 1067 is altered by omitting "Job search" and substituting "Newstart".
175. Point 1067-D1 (subparagraph (c)(ii)): Omit "job search", substitute
"newstart". 176. Point 1067-D2 (paragraph (b) and Note): Omit, substitute:

"(b) if the person is receiving newstart allowance-the person is, under
Subdivision BA of Part 2.12, not required to satisfy the activity test.". 177.
Point 1067-F12 (subparagraph (b)(i)): Omit "job search allowance,". 178. Point
1067-F14: Omit "job search", substitute "newstart". 179. Point 1067-G15
(including Note 1): Omit "561" (wherever occurring), substitute "644A". 180.
Point 1067-G18 (Note 2): Omit "JSA", substitute "YTA or NSA". 181. Point
1067-H4 (paragraph (b)): Omit, substitute:

"(b) to whom, or to whose partner, newstart allowance is payable and who, or
whose partner, under Subdivision BA of Division 1 of Part 2.12, is not
required to satisfy the activity test;". 182. Point 1067-H8A (paragraph (a)):
Omit "job search", substitute "newstart". 183. Point 1067-H9 (paragraph (a)):
Omit "job search", substitute "newstart". 184. Point 1067-H16 (Example): Omit
"job search", substitute "newstart". 185. Point 1067-J1 (paragraphs (a), (b)
and (c)): Omit, substitute:

"(a) a newstart allowance is payable to the person; and

   (b)  the person has received an advance payment under:

        (i)    Division 5A of Part 2.11 of this Act as previously in force; or

        (ii)   Division 5A of Part 2.12; or an instalment of such an advance
               payment; and

   (c)  the person has not yet repaid, by previous deductions under Module H
        of Benefit Rate Calculator B or this Module or by any other means of
        payment, the whole of the advance payment or instalment.". 186. Point
        1067E-D5 (subparagraph (b)(i)): Omit "job search allowance,". 187.
        Point 1067E-E3 (paragraph (b)): Omit "job search allowance,". 188.
        Point 1067E-F3 (paragraph (a)): Omit "job search allowance,". 189.
        Point 1067E-G12 (paragraph (a)): Omit "job search allowance would not
        be payable to the person if the person were qualified for a job search
        allowance", substitute "newstart allowance would not be payable to the
        person if the person were qualified for a newstart allowance and were
        under 18 years of age". 190. Paragraphs 1068(1)(a) and (aa): Omit,
        substitute:

"(a) newstart allowance for a person who has reached the age of 18 years; or".
Note: The heading to section 1068 is altered by omitting "Job Search Allowance
(18 or over), Newstart Allowance,", substitute "Newstart allowance (18 or
over)". 191. Point 1068-B1 (Table B-item 3): Omit from paragraph (a) in column
2 "job search allowance or". 192. Point 1068-B1 (Table B-item 4):

   (a)  Omit from paragraph (a) in column 2 "job search allowance or".

   (b)  After "benefit" in paragraph (c) in column 2 insert "or job search
        allowance". 193. Point 1068-B1 (Table B-item 4B): After "benefit" in
        paragraph (c) in column 2 insert "or job search allowance". 194. Point
        1068-B1 (Table B-item 5): After "benefit" in paragraph (b) insert "or
        job search allowance". 195. Point 1068-D1 (subparagraph (c)(ii)):

   (a)  Omit ", job search allowance or".

   (b)  Omit "- job search allowance and". 196. Point 1068-D2 (paragraph (b)):
        Omit. 197. Point 1068-D3 (paragraph (b)): Omit, substitute:

"(b) has been receiving income support payments in respect of a continuous
period of at least 9 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 paragraph). Note 1: For income
support payment see subsection 23(1). Note 2: For the determination of the
continuous period in respect of which a person received income support
payments see section 38B.". 198. Point 1068-F16: Omit "or, in the case of a
person who has turned 18, job search allowance,". 199. Point 1068-G4
(paragraph (b)): Omit. 200. Point 1068-G8A (paragraph (a)): Omit "job search
allowance,". 201. Point 1068-G9 (paragraph (a)): Omit "job search allowance"
(wherever occurring), substitute "newstart allowance". 202. Point 1068-H1
(paragraphs (a), (b) and (c)): Omit, substitute:

"(a) a newstart allowance is payable to the person; and

   (b)  the person has received an advance payment under:

        (i)    Division 5A of Part 2.11 of this Act as previously in force; or

        (ii)   Division 5A of Part 2.12; or an instalment of such an advance
               payment; and

   (c)  the person has not yet repaid, by previous deductions under Module J
        of Benefit Rate Calculator A or this Module or by any other means of
        payment, the whole of the advance payment or instalment.". 203. Point
        1068A-D12 (paragraph (a)): Omit "job search" (wherever occurring),
        substitute "newstart". 204. Point 1068A-E1 (paragraph (e)): Omit,
        substitute:

"(e) the person has been receiving income support payments in respect of a
continuous period of at least 9 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 paragraph). Note 1: For
income support payment see subsection 23(1). Note 2: For the determination of
the continuous period in respect of which a person received income support
payments see section 38B.". 205. Point 1068A-E1 (Note): Renumber the Note as
Note 1. 206. Point 1068A-E1: Add at the end:

"Note 2: For income support payment see subsection 23(1).". 207. Point
1069-D20 (paragraph (a)): After subparagraph (i) insert:

"(ia) a person or the person's partner has, before 20 September 1996, ceased
to receive a job search allowance; or". 208. Subsection 1112(1): Omit "2.11,"
and "job search allowance,". 209. Point 1115-B6 (paragraph (b)): After
"benefit" insert ", a job search allowance". 210. Point 1115-B6 (paragraph
(c)): After "benefit" insert ", the job search allowance". 211. Point 1115C-B4
(paragraph (b)): After "benefit" (last occurring) insert ", a job search
allowance". 212. Point 1115C-B4 (paragraph (c)): After "benefit" insert ", the
job search allowance". 213. Subsection 1128(1): Omit "2.11," and "job search
allowance,". 214. Paragraph 1131(2)(b): Omit ", youth training allowance or
job search allowance", substitute "or youth training allowance". 215.
Paragraph 1132(6)(b): Omit "530,". 216. Subparagraph 1157E(1)(c)(ii): Omit
"job search", substitute "newstart". 217. Subparagraph 1157E(2)(c)(ii): Omit
"job search", substitute "newstart". 218. Subparagraph 1157F(1)(c)(iv): Omit
"job search", substitute "newstart". 219. Subparagraph 1157F(2)(c)(iv): Omit
"job search", substitute "newstart". 220. Paragraph 1161(1)(b): Omit "job
search allowance,". 221. Section 1168 (Example 2): Omit "job search" (wherever
occurring), substitute "newstart". 222. Subsection 1170(1) (Note): Omit
"589(7) and (8) (job search allowance),". 223. Subparagraph 1187(1A)(a)(i):
Omit. 224. Section 1190 (Indexed and Adjusted Amounts Table-column 4 of item
28): Omit "(subsection 529(3)-Table-column 3A-item 1)". 225. Section 1190
(Indexed and Adjusted Amounts Table-column 4 of item 29): Omit "(subsection
529(3)-Table-column 3B-item 1)". 226. Section 1190 (Indexed and Adjusted
Amounts Table-column 4 of item 30): Omit "(subsection 529(3)-Table-column
3A-item 2)". 227. Section 1190 (Indexed and Adjusted Amounts Table-column 4 of
item 31): Omit "(subsection 529(3)-Table-column 3B-item 2)". 228. Section 1190
(Indexed and Adjusted Amounts Table-column 4 of item 32): Omit "(subsection
529(3)-Table-column 3A-item 3)". 229. Section 1190 (Indexed and Adjusted
Amounts Table-column 4 of item 33): Omit "(subsection 529(3)-Table-column
3B-item 3)". 230. Section 1211: Omit "513(1)(c), 513(1A)(f),". 231. Paragraph
1222A(a): Omit "expressly provides that it is", substitute "expressly provided
that it was or expressly provides that it is, as the case may be; or". 232.
Subparagraph 1223(2)(b)(iv): Omit. 233. Subparagraph 1223(7)(b)(ii): Omit.
234. Paragraph 1223(7)(d): Omit. 235. Subparagraph 1223(8)(c)(ii): Omit. 236.
Paragraph 1223AA(1)(b): Omit, substitute:

"(b) the person fails to provide a statement under section 575 of this Act as
previously in force (job search allowance), or under section 658 (newstart
allowance), in relation to the period;". 237. Subsection 1223AA(2) (definition
of prepayment): Omit "569,". 238. Paragraph 1223A(3)(l): Omit. 239. Paragraph
1223B(2)(g): Omit. 240. Subsection 1224E(1): Omit, substitute:

"(1) If:

   (a)  a person has received an advance payment under:

        (i)    Division 5A of Part 2.11 of this Act as previously in force; or

        (ii)   Division 5A of Part 2.12; or an instalment of such an advance
               payment; and

   (b)  subject to subsection (3), job search allowance ceased, or newstart
        allowance ceased or ceases, to be payable to the person, as the case
        requires; and

   (c)  at the time when job search allowance ceased, or newstart allowance
        ceased or ceases, to be payable, the person had not or has not repaid,
        by previous deductions under Module J of Benefit Rate Calculator A or
        Module H of Benefit Rate Calculator B or by any other means of
        payment, the whole of the advance payment or instalment; the amount
        that had not or has not been repaid is a debt due to the
        Commonwealth.". 241. Subsection 1224E(3): Omit, substitute:

"(3) For the purposes of paragraph (1)(b), a job search allowance is taken not
to have ceased to become payable if a newstart allowance became payable to the
person immediately after the job search allowance ceased to be payable to the
person.". 242. Subsection 1239(1) (Note 1): Omit "583A," and "586B,". 243.
Subsection 1240(1) (Note 1): Omit "583A," and "586B,". 244. Subparagraph
1245(1)(a)(i): Omit, substitute:

"(i) a decision under section 525B of this Act as previously in force to the
extent to which it relates to the terms of a Job Search Activity Agreement
that was previously in force; and". 245. Subsection 1247(1) (Note): Omit
"583A," and "586B,". 246. Subsection 1248(1): Omit, substitute:

"(1) The Social Security Appeals Tribunal may only review a decision under
section 525B of this Act as previously in force (to the extent to which it
relates to the terms of a Job Search Activity Agreement that was previously in
force) if the application is expressed to be an application for review of that
decision.". 247. Paragraph 1250(1)(c): Omit. 248. Paragraph 1250(1)(d): Omit
"552, 553,". 249. After paragraph 1250(1)(d): Insert:

"(daa) under section 552 or 553 of this Act as previously in force; or". 250.
Subsection 1252A(1): Omit. 251. Paragraph 1252A(2)(a): Omit, substitute:

"(a) a decision has been made, whether before or after the commencement of
this paragraph, to give a notice under section 607 because of a person's
failure to agree to terms of a Newstart Activity Agreement proposed by the CES
(subparagraph 607(1)(b)(iii)); and". 252. Paragraph 1252A(2)(d): Omit "job
search or". 253. Paragraph 1252A(2)(e): Omit "section 589 or". 254. Paragraph
1253(4)(c): Omit. 255. Paragraph 1253(7)(a): Omit, substitute:

"(a) a decision under section 525B of this Act as previously in force to the
extent to which it relates to the terms of a Job Search Activity Agreement
that was previously in force; or". 256. Section 1254A: Omit "under section
525B or 606 to the extent that it relates to the terms of a Job Search or
Newstart Activity Agreement that is in force", substitute "under section 525B
of this Act as previously in force to the extent to which it related to the
terms of a Job Search Activity Agreement that was previously in force or a
decision under section 606 to the extent to which it relates to the terms of a
Newstart Activity Agreement that is in force". 257. Paragraph 1255(6)(a):
Omit, substitute:

"(a) a decision under section 525B of this Act as previously in force to the
extent to which it relates to the terms of a Job Search Activity Agreement
that was previously in force; or". 258. Paragraph 1256A(1)(a): Omit,
substitute:

"(a) a decision under section 525B of this Act as previously in force to the
extent to which it relates to the terms of a Job Search Activity Agreement
that was previously in force; or". 259. Section 1298A: Repeal, substitute: The
Secretary and the Employment Secretary may agree on administrative
arrangements

"1298A.(1) The Secretary and the Employment Secretary may agree on
administrative arrangements to further the objectives of Part 2.12.

"(2) The arrangements may provide for officers of the Employment Department to
perform functions or duties, or exercise powers, under or in relation to that
Part.". 260. Paragraph 1299(3)(a): Omit. 261. Paragraph 1301(1A)(a): Omit.
262. Section 1311 (Note 2): Omit, substitute:

"Note 2: The statement could be relevant in determining a person's claim for
newstart allowance or special benefit. The statement may establish whether the
person is affected by, for example, section 628 (unemployment due to voluntary
act) or section 629 (unemployment due to misconduct).". 263. Paragraph
1363(2)(a): After "section 560" insert "of this Act as previously in force".
264. Schedule 1A: Add at the end: Application of legislative changes made in
conjunction with the abolition of job search allowance

"91. The amendments made by Schedule 5 to the Social Security and  Veterans'
Affairs Legislation Amendment Act 1995 apply in respect of newstart allowance
for any fortnight starting on or after 20 September 1996. Initial incorrect or
inappropriate claim for job search allowance followed by claim for social
security pension or social security benefit

"92. If:

   (a)  a person has, before 20 September 1996, made a claim (the initial
        claim) for a job search allowance; and

   (b)  on the day on which the person made the initial claim, the person was
        qualified for a social security pension or social security benefit;
        and

   (c)  the person later makes a claim for that pension or benefit; and

   (d)  the Secretary is satisfied that it is reasonable for this section to
        apply to the person; then, despite any other provision of this Act,
        the person's provisional commencement day in relation to that pension
        or benefit is the day on which the person made the initial claim.
        Newstart deferment periods to include unserved parts of job search
        deferment periods

"93. If, immediately before 20 September 1996, under a JSA automatic deferment
provision or a JSA discretionary deferment provision, job search allowance was
not payable to a person for a period (the job search deferment period) that
did not end until on or after that day, any deferment period that is
applicable to the person under the corresponding NS allowance automatic
deferment provision or NS allowance discretionary deferment provision, as the
case may be, is reduced by a period equal to the part of the job search
deferment period that occurred before that day. Newstart waiting period for
former job search allowees not to extend beyond former job search waiting
period

"94. If, immediately before 20 September 1996 (the commencement day), because
of the operation of section 534 of this Act as in force immediately before the
commencement day, job search allowance was not payable to a person before a
day later than the commencement day, section 616 does not preclude payment of
newstart allowance to the person on and after that later day. Approval of
unpaid voluntary work

"95. If an approval of an organisation was in force immediately before 20
September 1996 under section 28 of this Act as in force at that time, the
approval continues in force as if it were an approval given on that day, for
the purposes of section 603AA, of any full-time unpaid voluntary work carried
out for that organisation.". 


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