Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1995 No. 104, 1995 - SCHEDULE 4

                          SCHEDULE 4                    Section 4

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO
A PERSON'S QUALIFICATION FOR DISABILITY SUPPORT PENSION
OR DISABILITY WAGE SUPPLEMENT 1. Paragraph 94(1)(c): Before "the person"
insert "because of the impairment". 2. Paragraph 94(1B)(e): Before "the
person" insert "because of the impairment". 3. Subsections 94(2) and (3): Omit
the subsections, substitute: "(2) A person has a continuing inability to work
because of an impairment if the Secretary is satisfied that: (a) the
impairment is of itself sufficient to prevent the person from doing any work
within the next 2 years; and (b) either: (i) the impairment is of itself
sufficient to prevent the person from undertaking educational or vocational
training or on-the-job training during the next 2 years; or (ii) if the
impairment does not prevent the person from undertaking educational or
vocational training or on-the-job training-such training is unlikely (because
of the impairment) to enable the person to do any work within the next 2
years. Note: For 'work' see subsection (5). "(3) In deciding whether or not a
person has a continuing inability to work because of an impairment, the
Secretary is not to have regard to: (a) the availability to the person of
educational or vocational training or on-the-job training; or (b) if
subsection (4) does not apply to the person-the availability to the person of
work in the person's locally accessible labour market.". 4. Subsection 94(4):
Omit "equip", substitute "enable". 5. Subsection 94(5): Insert: "'on-the-job
training' does not include a program designed specifically for people with
physical, intellectual or psychiatric impairments;". 6. Paragraph 409(1)(c):
Before "the person" insert "because of the impairment". 7. Subsections 409(3)
and (4): Omit the subsections, substitute: "(3) A person has a continuing
inability to work because of an impairment if the Secretary is satisfied that:
(a) the impairment is of itself sufficient to prevent the person from doing
any work within the next 2 years; and (b) either: (i) the impairment is of
itself sufficient to prevent the person from undertaking educational or
vocational training or on-the-job training during the next 2 years; or (ii) if
the impairment does not prevent the person from undertaking educational or
vocational training or on-the-job training-such training is unlikely (because
of the impairment) to enable the person to do any work within the next 2
years. Note: For 'work' see subsection (6). "(4) In deciding whether or not a
person has a continuing inability to work because of an impairment, the
Secretary is not to have regard to: (a) the availability to the person of
educational or vocational training or on-the-job training; or (b) if
subsection (5) does not apply to the person-the availability to the person of
work in the person's locally accessible labour market.". 8. Subsection 409(5):
Omit "equip", substitute "enable". 9. Subsection 409(6): Insert: "'on-the-job
training' does not include a program designed specifically for people with
physical, intellectual or psychiatric impairments;".