Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 23(1) (paragraph (b) of the definition of transitional DSP applicant )
Omit "or 64(2)", substitute "or (4)".
2 Paragraph 541(1)(b)
Omit "person); or", substitute "person).".
3 Paragraph 541(1)(c)
Repeal the paragraph.
4 After subsection 541(1)
Insert:
Persons who comply with Employment Pathway Plan
(1AA) Subject to section 541A and subsection (3) of this section, a person also satisfies the activity test in respect of a period if:
(a) throughout the period, the person complies with the terms of a Youth Allowance Employment Pathway Plan that is in force in relation to the person; and
(b) either:
(i) the person is included in a class of persons specified in an instrument made under subsection (1AB); or
(ii) the Secretary determines that the person should be taken to satisfy the activity test in respect of that period.
(1AB) The Secretary may, by legislative instrument, specify classes of persons for the purposes of subparagraph (1AA)(b)(i).
5 Paragraph 541(2B)(a)
After "(1)", insert "or (1AA)".
6 Subparagraph 550(1)(a)(i)
Omit "or 64(2)", substitute "or (4)".
7 Subparagraph 576(1)(a)(i)
Omit "or 64(2)", substitute "or (4)".
8 Subsection 601(4)
Repeal the subsection, substitute:
(4) A person also satisfies the activity test in respect of a period if:
(a) throughout the period, the person complies with the terms of a Newstart Employment Pathway Plan that is in force in relation to the person; and
(b) either:
(i) the person is included in a class of persons specified in an instrument made under subsection (4A); or
(ii) the Secretary determines that the person should be taken to satisfy the activity test in respect of that period.
(4A) The Secretary may, by legislative instrument, specify classes of persons for the purposes of subparagraph (4)(b)(i).
9 Subsection 731A(11)
Repeal the subsection, substitute:
(11) A person to whom this Subdivision applies also satisfies the activity test in respect of a period if:
(a) throughout the period, the person complies with the terms of a Special Benefit Employment Pathway Plan that is in force in relation to the person; and
(b) either:
(i) the person is included in a class of persons specified in an instrument made under subsection (11A); or
(ii) the Secretary determines that the person should be taken to satisfy the activity test in respect of that period.
(11A) The Secretary may, by legislative instrument, specify classes of persons for the purposes of subparagraph (11)(b)(i).
10 Subparagraph 1210(1)(b)(ii)
Omit "section 1168", substitute "section 1173".
Note: The heading to section 1210 is altered by omitting " for income tax purposes ".
Social Security (Administration) Act 1999
11 Sections 63 and 64
Repeal the sections, substitute:
63 Requirement to attend Department etc.
Secretary may require person to attend Department etc.
(1) Subsection (2) applies to a person if:
(a) the person is receiving, or has made a claim for, a social security payment; or
(b) the person is the holder of, or has made a claim for, a concession card; or
(c) the Department is contacted by or on behalf of the person in relation to a claim for:
(i) if the person is not undertaking full‑time study and is not a new apprentice--youth allowance; or
(ii) in any case--newstart allowance;
to be paid to the person.
(2) If the Secretary is of the opinion that a person to whom this subsection applies should:
(a) attend an office of the Department; or
(b) contact the Department; or
(c) attend a particular place for a particular purpose; or
(d) give information to the Secretary;
the Secretary may notify the person that he or she is required, within a specified time, to do that act or thing. However, the Secretary may not, under this subsection, notify a person that he or she is required to do an act or thing referred to in paragraph (4)(a) or (b).
Secretary may require person to undergo medical examination etc.
(3) Subsection (4) applies to a person if:
(a) the person is receiving, or has claimed, any of the following social security payments:
(i) disability support pension;
(ii) parenting payment;
(iii) youth allowance;
(iv) newstart allowance;
(v) sickness allowance;
(vi) special benefit;
(vii) mobility allowance; or
(b) the Department is contacted by or on behalf of the person in relation to a claim for youth allowance or newstart allowance to be paid to the person.
(4) If the Secretary is of the opinion that a person to whom this subsection applies should:
(a) complete a questionnaire; or
(b) undergo a medical, psychiatric or psychological examination (whether or not at a particular place), and provide to the Secretary the report, in the approved form, of the person who conducts the examination;
the Secretary may notify the person that he or she is required, within a specified time, to do that act or thing.
Method for giving notice
(5) The Secretary may notify a person under subsection (2) or (4):
(a) by sending the notice by prepaid post addressed to the person at his or her postal address last known to the Secretary; or
(b) in any other way the Secretary considers appropriate.
Validity of notice not affected in certain circumstances
(6) A failure to specify the particular purpose in a notice given to a person for the purposes of paragraph (2)(c) does not affect the validity of the notice.
Consequence of not informing person of effect of failure to comply with requirement in notice
(7) If a person is notified under subsection (2) or (4) and the notice does not inform the person of the effect of section 64, subsection 64(1) or (5) (as the case requires) does not apply to the person in relation to the requirement in the notice.
Note: However, if:
(a) the person who is notified is receiving, or has made a claim for, a participation payment; and
(b) the notice does not inform the person of the effect of section 64;
the person may commit a connection failure in relation to the payment: see section 42E.
64 Effect of failing to comply with requirement to attend Department etc.
Person receiving, or claiming, social security payment
(1) If:
(a) a person is receiving, or has made a claim for, a social security payment; and
(b) the Secretary notifies the person under subsection 63(2) or (4); and
(c) the requirement in the notice is reasonable; and
(d) the person does not comply with the requirement; and
(e) the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and
(f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the payment that the person is receiving or has claimed is not payable.
(2) Subsection (1) does not apply if:
(a) the person is receiving, or has made a claim for, youth allowance; and
(b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute a youth allowance participation failure.
Note: If a recipient of, or claimant for, youth allowance does not comply with a requirement notified under subsection 63(2) or (4), this may result in the payment not being payable to the person: see sections 550B and 551 of the 1991 Act.
(3) Subsection (1) does not apply if:
(a) the person is receiving, or has made a claim for, an austudy payment; and
(b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute an austudy participation failure.
Note: If a recipient of, or claimant for, an austudy payment does not comply with a requirement notified under subsection 63(2), this may result in the payment not being payable to the person: see sections 576A and 577 of the 1991 Act.
(4) If:
(a) a social security payment is not payable to a person because of subsection (1); and
(b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2) or (4);
the Secretary may determine that, on and after a day specified by the Secretary, subsection (1) ceases to apply to the person in relation to that requirement.
Person holding, or claiming, concession card
(5) If:
(a) a person is the holder of, or has made a claim for, a concession card; and
(b) the Secretary notifies the person under subsection 63(2); and
(c) the requirement in the notice is reasonable; and
(d) the person does not comply with the requirement; and
(e) the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and
(f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person ceases to be, or is not, qualified for the concession card.
(6) If:
(a) a person has ceased to be, or is not, qualified for a concession card because of subsection (5); and
(b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2);
the Secretary may determine that, on and after a day specified by the Secretary, subsection (5) ceases to apply to the person in relation to that requirement.
12 Transitional
The amendment made by item 11 of this Schedule does not apply in relation to a notice given to a person under subsection 63(2) or 64(2) of the Social Security (Administration) Act 1999 before the commencement of this item.
13 Paragraph 131(5)(b)
Repeal the paragraph, substitute:
(b) ceases to have effect:
(i) if the application for review is withdrawn--on the day the application is withdrawn; or
(ii) if a decision (the review decision ) is made by the Secretary on the review of the adverse decision--at the end of the period of 13 weeks beginning on the day the review decision is made, or on such earlier day (if any) within that 13 week period as is specified by the Secretary; or
(iii) if the declaration is revoked by the Secretary--on the day the declaration is revoked.
14 Paragraph 145(4)(b)
Repeal the paragraph, substitute:
(b) ceases to have effect:
(i) if the application for review is withdrawn--on the day the application is withdrawn; or
(ii) if a decision (the review decision ) is made by the SSAT on the review of the adverse decision--at the end of the period of 13 weeks beginning on the day the review decision is made, or on such earlier day (if any) within that 13 week period as is specified by the Secretary; or
(iii) if the declaration is revoked by the Secretary--on the day the declaration is revoked.
[ Minister's second reading speech made in--
House of Representatives on 24 September 2008
Senate on 26 November 2008 ]
|
(195/08) |