Federal Register of Legislation - Australian Government

Primary content

Social Security Act 1991

  • - C2006C00270
  • In force - Superseded Version
  • View Series
Act No. 46 of 1991 as amended, taking into account amendments up to Act No. 47 of 2006
An Act to provide for the payment of certain pensions, benefits and allowances, and for related purposes
Administered by: DEST; DEWR; FaCSIA
Registered 29 May 2006
Start Date 22 May 2006
End Date 30 Jun 2006

Social Security Act 1991

Act No. 46 of 1991 as amended

This compilation was prepared on 24 May 2006
taking into account amendments up to Act No. 47 of 2006

Volume 4 includes:       Table of Contents
                                    Sections 660XAA – 1061ZAAK

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

 

Chapter 2Pensions, benefits and allowances

  

  


Contents

Chapter 2—Pensions, benefits and allowances                                                       i

Part 2.12A—Mature age (pre-1 July 1996) allowances                                    1

Division 1—Application of Part                                                                               1

660XAA................................................................................... Structure of Part  1

660XAB Time limits on claims of mature age allowance and grant of mature age partner allowance     1

Division 2—Qualification for mature age allowance and mature age partner allowance               3

Subdivision A—Qualification for mature age allowance                                     3

660XBA................................................. Qualification for mature age allowance  3

660XBB Assurance of support......................................................................... 4

660XBC Person may be treated as unemployed............................................... 4

660XBE Unemployment due to industrial action............................................. 5

Subdivision B—Qualification for mature age partner allowance                      5

660XBI. Qualification for mature age partner allowance.................................. 5

660XBJ. Assurance of support......................................................................... 6

Division 3—Payability of mature age allowance and mature age partner allowance       7

Subdivision A—Payability of mature age allowance                                             7

660XCA........................ Mature age allowance not payable if allowance rate nil  7

660XCF Multiple entitlement exclusion........................................................... 7

660XCG.............................................. Educational and other schemes exclusion  8

Subdivision B—Payability of mature age partner allowance                              9

660XCI. Mature age partner allowance not payable if allowance rate nil......... 9

660XCN............................................................. Multiple entitlement exclusion  9

660XCO.............................................................. Educational schemes exclusion  10

660XCP Commonwealth funded employment program exclusion................. 10

Division 6—Rate of mature age allowance and mature age partner allowance  11

660XFA How to work out a person’s mature age allowance or mature age partner allowance             11

Division 11—Bereavement payments                                                               12

Subdivision A—Person receiving mature age allowance (death of partner)  12

660XKA.............................. Qualification for payments under this Subdivision  12

660XKB............................................. Continued payment of partner’s pension  14

660XKC........................................... Lump sum payable in some circumstances  14

660XKD.............................. Adjustment of person’s mature age allowance rate  16

660XKE Effect of death of person entitled to payments under this Subdivision  16

660XKF Matters affecting payment of benefits under this Subdivision........ 18

Subdivision B—Death of person receiving mature age allowance                   19

660XKG................................................................................. Death of recipient  19

Subdivision C—Continuation of mature age partner allowance where partner dies          20

660XKH Continuation of mature age partner allowance for bereavement period  20

660XKI. Continued mature age partner allowance rate................................... 20

Subdivision D—Person receiving mature age partner allowance (death of partner)          21

660XKJ Qualification for payments under this Subdivision.......................... 21

660XKK......................................... Continued payment of partner’s allowance  21

660XKL Lump sum payable in some circumstances...................................... 22

660XKM Effect of death of person entitled to payments under this Subdivision 23

660XKN............ Matters affecting payment of benefits under this Subdivision  25

Part 2.12B—Mature age (post-30 June 1996) allowance                              27

Division 1—Application of Part                                                                             27

660YAA............................................................................... Application of Part  27

660YAB Time limits on claims for mature age allowance............................... 27

Division 2—Qualification for mature age allowance                                   28

660YBA Qualification for mature age allowance............................................. 28

660YBB Assurance of support....................................................................... 29

Division 3—Payability of mature age allowance                                           30

660YCA Mature age allowance not payable if allowance rate nil................... 30

660YCF Multiple entitlement exclusion......................................................... 30

660YCFANewly arrived resident’s waiting period......................................... 31

660YCFBDuration of newly arrived resident’s waiting period...................... 32

660YCG Educational and other schemes exclusion......................................... 32

660YCH Maximum basic rate and remote area allowance not payable to CDEP Scheme participant   33

660YCI. Exclusion for non-payment period for job search allowance, newstart allowance or partner allowance 33

660YCJ. Allowance not payable if assets value limit exceeded .........................
[see Appendix for CPI adjusted figures].......................................... 34

660YCK Value of assets of members of couples............................................. 35

660YCL Seasonal workers.............................................................................. 36

Division 6—Rate of mature age allowance                                                      37

660YFA How to work out a person’s mature age allowance.......................... 37

660YGI. CDEP Scheme participant may accumulate mature age allowance... 37

Division 11—Bereavement payments                                                               38

Subdivision A—Preliminary                                                                                   38

660YKA................................................ Surviving partner and deceased partner  38

Subdivision B—Continuation of mature age allowance following death of recipient’s partner        38

660YKB Continuation of mature age allowance for bereavement period........ 38

Subdivision C—Bereavement payments for person receiving mature age allowance following death of the person’s partner                                                                                           39

660YKC Qualification for payments under this Subdivision.......................... 39

660YKD......... Continued payment of deceased partner’s previous entitlement  40

660YKE Lump sum payable in some circumstances...................................... 41

660YKF Effect of death of surviving partner.................................................. 43

660YKG............................. Matters affecting payments under this Subdivision  45

Subdivision D—Bereavement payment in respect of former CDEP Scheme participant   46

660YKH Calculation of bereavement payment in respect of former CDEP Scheme participant           46

Part 2.13—Employment entry payment                                                                   47

661........ Job search allowees over 18 or newstart allowees............................ 47

662........ Amount of section 661 payment...................................................... 48

664AAA................................................................. Widow allowance recipients  48

664AAB................................................. Amount of section 664AAA payment  49

664AA.. Mature age allowance and mature age partner allowance recipients. 49

664AB.. Amount of section 664AA payment................................................ 51

664A..... Sole parent pension recipients.......................................................... 51

664B..... Amount of section 664A payment................................................... 52

664C..... Disability support pension recipients.............................................. 52

664D..... Amount of section 664C payment................................................... 53

664E...... Widow B pension recipients............................................................ 53

664F...... Amount of section 664E payment................................................... 54

664G..... Special benefit recipients.................................................................. 55

664H..... Amount of section 664G payment................................................... 56

664HA.. Carer pension recipients................................................................... 56

664HB.. Amount of section 664HA payment................................................ 57

664I....... Partner allowance recipients............................................................. 57

664J...... Amount of section 664I payment.................................................... 58

665........ Need for a claim................................................................................ 59

665AA.. Existence of working credit does not prevent payments under this Part                59

Part 2.13A—Education entry payment                                                                     62

Division 1—Recipients of pension PP (single)                                             62

665A..... Payment to recipient of pension PP (single).................................... 62

665B..... Amount of section 665A payment................................................... 62

665C..... Need for claim................................................................................... 62

Division 2—Recipients of disability support pension or disability wage supplement    63

665E...... Payment to a disability support pensioner...................................... 63

665F...... Amount of section 665E payment................................................... 63

665G..... Need for claim................................................................................... 63

Division 3—Widow B pension recipients                                                        64

665I....... Payment to a widow B pensioner.................................................... 64

665J...... Amount of section 665I payment.................................................... 64

665K..... Need for claim................................................................................... 64

Division 4—Special benefit recipients                                                               65

665M.... Payment to a special benefit recipient.............................................. 65

665N..... Amount of section 665M payment.................................................. 65

665P...... Need for claim................................................................................... 65

Division 6—Newstart allowance recipients                                                    66

665U..... Payment to recipient........................................................................ 66

665V..... Amount of section 665U payment................................................... 67

665W.... Need for claim................................................................................... 67

Division 7—Mature age allowance recipient                                                 68

665Y..... Payment to a mature age allowance recipient................................... 68

665Z..... Amount of section 665Y payment................................................... 68

665ZA.. Need for claim................................................................................... 68

Division 8—Widow allowance recipients                                                         69

665ZC... Payment to a widow allowance recipient......................................... 69

665ZD.. Amount of section 665ZC payment................................................ 69

665ZE... Need for claim................................................................................... 69

Division 8A—Carer payment recipients                                                          70

665ZFA Payment to a carer payment recipient.............................................. 70

665ZFB Amount of section 665ZFA payment.............................................. 70

665ZFC Need for claim................................................................................... 70

Division 9—Mature age partner allowance                                                    71

665ZG.. Payment to a mature age partner allowance recipient...................... 71

665ZH.. Amount of section 665ZG payment................................................ 71

665ZJ.... Need for claim................................................................................... 71

Division 10—Wife pension recipients                                                               72

665ZL... Payment to a wife pensioner............................................................ 72

665ZM. Amount of section 665ZL payment................................................. 72

665ZN.. Need for claim................................................................................... 72

Division 11—Partner allowance recipients                                                     73

665ZQ.. Payment to a partner allowance recipient........................................ 73

665ZR... Amount of section 665ZQ payment................................................ 73

665ZS... Need for claim................................................................................... 73

Division 12—Recipients of PP (partnered)                                                     74

665ZU.. Payment to recipient of PP (partnered)........................................... 74

665ZV... Amount of section 665ZU payment................................................ 74

665ZW.. Need for claim................................................................................... 74

Division 13—Protection of education entry payment                                75

665ZY... Education entry payment to be absolutely inalienable..................... 75

665ZZ... Effect of garnishee or attachment order............................................ 75

Part 2.14—Sickness allowance                                                                                      77

Division 1—Qualification for and payability of sickness allowance    77

Subdivision A—Basic qualification                                                                       77

666........ Qualification for sickness allowance................................................. 77

667........ Person undertaking rehabilitation program may qualify for sickness allowance     78

669........ Time limit on qualification for sickness allowance........................... 79

676........ Liquid assets test waiting period...................................................... 82

Subdivision B—Situations where allowance not payable (general)                 84

677........ Sickness allowance not payable if allowance rate nil........................ 84

680........ Assets test—allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]        84

681........ Value of assets of members of couples............................................. 86

685........ Full-time students............................................................................. 86

686........ Multiple entitlement exclusion......................................................... 87

Subdivision C—Situations where allowance not payable (waiting periods)    89

693........ Ordinary waiting period................................................................... 89

694........ Duration of ordinary waiting period................................................. 89

696B..... Newly arrived resident’s waiting period.......................................... 90

696C..... Duration of newly arrived resident’s waiting period........................ 91

Division 4—Rate of sickness allowance                                                           93

709........ How to work out a person’s sickness allowance rate...................... 93

Division 9—Bereavement payments                                                                  94

Subdivision AA—Death of partner                                                                         94

728PA... Qualification for payments under this Subdivision.......................... 94

728PB... Continued payment of partner’s pension or benefit........................ 95

728PC... Lump sum payable in some circumstances...................................... 95

728PD... Adjustment of a person’s sickness allowance rate........................... 96

728PE... Effect of death of person entitled to payments under this Subdivision  97

728PF... Matters affecting payments under this Subdivision......................... 99

Part 2.15—Special benefit                                                                                              100

Division 1—Qualification for and payability of special benefit            100

Subdivision A—Qualification                                                                               100

729........ Qualification for special benefit...................................................... 100

729A..... Time limit on qualification for certain recipients of special benefit 105

729AA.. Effect of industrial action on qualification conditions of certain claimants for special benefit                106

729B..... Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks  107

729C..... Consequence of subsection 729B(2) determination....................... 108

730........ Determination of period................................................................. 108

Subdivision AA—Activity test for certain nominated visa holders                108

731........ Application of Subdivision............................................................. 108

731A..... Activity test................................................................................... 109

731B..... Meaning of unsuitable work for the purposes of the activity test. 111

731C..... Certain actions taken to constitute failure to satisfy activity test. 114

731D..... Persons in certain areas can be taken to comply with activity test 114

731E...... Relief from activity test—special circumstances........................... 115

731F...... Relief from activity test—pre-natal and post-natal....................... 115

731G..... Relief from activity test—people engaged in voluntary work....... 116

731H..... Relief from activity test—dependent child.................................... 117

731J...... Relief from activity test—carers.................................................... 117

731JA... Relief from activity test—grant of temporary protection, humanitarian or safe haven visa   119

731K..... Temporarily incapacitated person not required to satisfy activity test  120

Subdivision AB—Special Benefit Activity Agreements for persons who are nominated visa holders            120

731L...... Special Benefit Activity Agreements—requirement to enter......... 120

731M.... Special Benefit Activity Agreements—terms................................ 121

731N..... Special Benefit Activity Agreements—failure to negotiate............ 124

Subdivision B—Payability                                                                                     124

732........ Special benefit not payable if benefit rate nil................................. 124

733........ Assets test—benefit not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]             125

734........ Value of assets of members of couples........................................... 126

735........ Multiple entitlement exclusion....................................................... 127

736........ Secretary may require certain persons to attend courses or undertake work          128

737........ Full-time students........................................................................... 129

738........ Payments under certain education schemes.................................... 130

739........ SPB homeless person..................................................................... 131

739A..... Newly arrived resident’s waiting period........................................ 131

739B..... Secretary to act in accordance with guidelines................................ 133

739C..... Guidelines for exercise of Secretary’s powers under subsection 739A(7)              133

Subdivision C—Activity test breaches                                                                133

740........ Activity test penalties for failure to satisfy activity test............... 133

741........ Activity test penalties for failure to enter Special Benefit Activity Agreement     134

742........ Activity test penalties for failure to comply with Special Benefit Activity Agreement         134

743........ Unemployment due to voluntary act............................................. 135

744........ Unemployment due to misconduct................................................ 135

745........ Refusal of job offer......................................................................... 136

745A..... Failure to provide information etc.................................................. 136

745B..... Activity test non-payment periods................................................ 137

745C..... Commencement of activity test non-payment periods.................. 138

745D..... Application of activity test non-payment periods before claims for special benefit              139

745E...... Activity test non-payment periods—interaction with activity test breach rate reduction periods        139

745F...... Effect of sections 745C and 745D.................................................. 140

745G..... Where one event may give rise to both an activity test penalty period and an administrative breach rate reduction period.............................................................................................. 140

Subdivision D—Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches)                                                                                     140

745H..... Administrative breach rate reduction period to apply to certain persons who fail to comply with notification requirements................................................................................... 140

Subdivision E—Participation by persons who are nominated visa holders in an approved program of work for income support payment                                                                         141

745J...... Definitions...................................................................................... 141

745K..... Penalty periods cease to apply on start of participation in approved program of work for income support payment........................................................................................................ 141

745L...... Participation in an approved program of work for income support payment does not give rise to employment under certain industrial relations legislation.............................................. 142

Subdivision F—Other situations where special benefit not payable to persons who are nominated visa holders         142

745M.... Seasonal workers............................................................................ 142

745N..... Move to area of lower employment prospects.............................. 143

Division 4—Rate of special benefit                                                                   145

Subdivision A—Basic determination of special benefit                                   145

746........ Rate of special benefit.................................................................... 145

Subdivision B—Approved program of work supplement                                  145

747........ Approved program of work supplement for persons who are nominated visa holders          145

Subdivision C—Activity test breach reductions in the rate of special benefit for persons who are nominated visa holders                                                                                                       146

748........ Activity test breach rate reduction periods in respect of persons who are nominated visa holders       146

749........ Commencement of activity test breach rate reduction periods in respect of persons who are nominated visa holders........................................................................................................ 149

750........ Application of activity test breach rate reduction periods before claims for special benefit  149

751........ Rate of special benefit where activity test breach rate reduction period applies    150

Subdivision D—Administrative breach reductions in the rate of special benefit for persons who are nominated visa holders                                                                                         152

752........ Administrative breach rate reduction periods in respect of persons who are nominated visa holders    152

753........ Commencement of administrative breach rate reduction periods in respect of persons who are nominated visa holders........................................................................................................ 153

754........ Administrative breach rate reduction periods—interaction with activity test non-payment periods     154

755........ Administrative breach rate reduction periods—interaction with activity test breach rate reduction periods         155

756........ Effect of sections 754 and 755....................................................... 155

757........ Administrative breach rate reduction period not to apply in certain circumstances               155

758........ Rate of special benefit where administrative breach rate reduction applies            156

Subdivision E—Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders                                                                                                       157

759........ Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders             157

Division 9—Bereavement payments                                                                159

Subdivision AA—Death of partner                                                                       159

768A..... Qualification for payments under this Subdivision........................ 159

768B..... Continued payment of partner’s pension or benefit...................... 160

768C..... Lump sum payable in some circumstances.................................... 160

768D..... Adjustment of a person’s special benefit rate................................ 162

768E...... Effect of death of person entitled to payments under this Subdivision  162

768F...... Matters affecting payments under this Subdivision....................... 164

Part 2.15A—Partner allowance                                                                                   165

Division 1A—Application of Part                                                                       165

771........ Time limits on claims for partner allowance................................... 165

Division 1—Qualification for and payability of partner allowance     166

Subdivision A—Qualification for partner allowance                                        166

771HA.. Qualification for partner allowance................................................ 166

771HB.. Unemployment due to industrial action......................................... 168

Subdivision B—Payability of partner allowance                                                169

771HC.. Partner allowance not payable if allowance rate nil........................ 169

771HF... Assets test—allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]        169

771HI.... Multiple entitlement exclusion....................................................... 170

771HJ... Educational schemes exclusion....................................................... 170

771HK.. Maximum basic rate and remote area allowance not payable to CDEP Scheme participant   171

771HNA.............................................. Newly arrived resident’s waiting period  171

771HNB............................ Duration of newly arrived resident’s waiting period  172

771HNC................................................................................... Seasonal workers  172

Division 4—Rate of partner allowance                                                            174

771KA.. Rate of partner allowance if partner is not receiving special benefit 174

771KE... Rate of partner allowance if partner receiving special benefit........ 174

771KN.. CDEP Scheme participant may accumulate partner allowance...... 174

Division 9—Bereavement payments                                                                176

Subdivision A—Surviving partner and deceased partner defined                  176

771NT.. Surviving partner and deceased partner.......................................... 176

Subdivision B—Person to continue to receive partner allowance where person’s partner dies      176

771NU.. Continuation of partner allowance for bereavement period........... 176

Subdivision C—Bereavement payments for person receiving partner allowance following death of the person’s partner                                                                                                       178

771NV.. Qualification for payments under this Subdivision........................ 178

771NW. Continued payment of deceased partner’s benefit......................... 179

771NX.. Lump sum payable in some circumstances.................................... 179

771NY.. Effect of death of surviving partner................................................ 183

771NZ.. Matters affecting payments under this Subdivision....................... 184

Subdivision D—Bereavement payment in respect of former CDEP Scheme participant   185

771NZAACalculation of bereavement payment in respect of former
CDEP Scheme participant.............................................................. 185

Part 2.16—Special needs pensions                                                                           186

Division 1A—Time limit on grant of special needs wife pension      186

771P...... Special needs wife pension not to be granted after 30 June 1995.. 186

Division 1B—Time limit on grant of other special needs pensions 187

771PA... Special needs pensions not to be granted after 20 September 2000 187

Division 1—Qualifications for and payability of special needs pensions               188

Subdivision A—Qualification                                                                               188

772........ Qualification for special needs age pension.................................... 188

773........ Qualification for special needs disability support pension............ 188

774........ Qualification for special needs wife pension.................................. 189

778A..... Special needs widow B pension not to be granted in certain cases 189

778........ Qualification for special needs widow B pension.......................... 190

Subdivision B—Payability                                                                                     191

779........ Special needs pension not payable if pension rate nil.................... 191

783........ Second special needs pension generally not payable after cancellation of initial pension       191

787........ Multiple entitlement exclusion....................................................... 191

Division 5—Rate of special needs pension                                                   193

796........ How to work out a person’s special needs pension rate................ 193

Special Needs Proportional Rate Calculator                                                194

Module A—Overall rate calculation process                                                     194

Module B—Australian working life residence                                                 194

Module C—Residence factor                                                                                 197

Division 10—Bereavement payments                                                             198

Subdivision A—Death of partner                                                                          198

822........ Qualification for payments under this Subdivision........................ 198

823........ Continued payment of partner’s pension or allowance................. 200

824........ Lump sum payable in some circumstances.................................... 200

825........ Adjustment of rate of person’s special needs pension................... 202

826........ Effect of death of person entitled to payments under this Subdivision  202

827........ Matters affecting payment of benefits under this Subdivision...... 204

Subdivision C—Death of recipient                                                                       205

830........ Death of recipient........................................................................... 205

Part 2.19—Carer allowance                                                                                          206

Division 1—Interpretation                                                                                     206

952........ Carer allowance definitions............................................................. 206

Division 2—Qualification for and payability of carer allowance          207

Subdivision A—Qualification                                                                               207

953........ Qualification for carer allowance—caring for either 1 or 2 disabled children           207

954........ Qualification for carer allowance—caring for a disabled adult in a private home of both the adult and the carer   208

954A..... Qualification for carer allowance—caring for a disabled adult in a private home not shared by the adult and carer........................................................................................................ 209

955........ Qualification for carer allowance—hospitalisation......................... 212

956........ Absence from Australia.................................................................. 213

957........ Effect of cessation of care etc. on carer allowance.......................... 213

Subdivision B—Limitations on payability                                                           214

958........ Carer allowance not payable if allowance rate nil........................... 214

964........ Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made      214

965........ Carer allowance not payable to more than one member of a couple 215

Division 5—Rate of carer allowance                                                                 217

974........ Rate of carer allowance................................................................... 217

Division 6—Multiple qualification for carer allowance for same care receiver or receivers     218

981........ Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers.......................................................................................... 218

Division 10—Bereavement payments (death of disabled child)        219

Subdivision A—Death of disabled child                                                               219

992J...... Continued carer allowance during bereavement rate continuation period where disabled child dies       219

992K..... Lump sum payable in some circumstances.................................... 219

Subdivision B—Death of disabled child (special short-term assistance)      220

992L...... Continuation of qualification for carer allowance for 4 weeks in some cases where recipient’s disabled child dies........................................................................................................ 220

Subdivision C—Death of recipient                                                                       221

992M.... Death of recipient........................................................................... 221

Part 2.19A—One-off payment to people eligible for carer allowance   223

992N..... One-off payment to carers (carer allowance related)...................... 223

992O..... In respect of what care receivers is the payment payable?............ 223

992P...... What is the amount of the payment?............................................. 224

Part 2.19B—2005 one-off payment to people eligible for carer allowance                225

992Q..... 2005 one-off payment to carers (carer allowance related).............. 225

992R..... In respect of what care receivers is the payment payable?............ 225

992S...... What is the amount of the payment?............................................. 226

Part 2.19C—2006 one-off payment to people eligible for carer allowance                227

992T..... 2006 one-off payment to carers (carer allowance related).............. 227

992U..... In respect of which care receivers is the payment payable?.......... 227

992V..... Amount of the one-off payment.................................................... 228

Part 2.20—Double orphan pension                                                                           229

Division 1—DOP child status                                                                               229

993........ Double orphan—not refugee.......................................................... 229

994........ Double orphan—refugee................................................................. 229

995........ Refugee child................................................................................... 230

996........ Long-term prisoner......................................................................... 231

997........ Patient on a long-term basis............................................................ 231

998........ Person uncontactable...................................................................... 232

Division 2—Qualification for and payability of double orphan pension  233

Subdivision A—Qualification                                                                               233

999........ Qualification for double orphan pension........................................ 233

Subdivision B—Payability                                                                                     234

1003...... Double orphan pension not payable for child receiving a pension under the Veterans’ Entitlements Act             234

Division 5—Rate of double orphan pension                                                 235

1010...... Rate of double orphan pension....................................................... 235

Division 10—Bereavement payments (death of DOP child)               236

Subdivision A—Death of DOP child (General)                                                  236

1033...... Continued double orphan pension during bereavement rate continuation period where DOP child dies                236

1034...... Lump sum payable in some circumstances.................................... 236

Subdivision AA—Death of dependent child (special short-term assistance) 237

1034AA Continuation of qualification for double orphan pension for
4 weeks in some cases where recipient’s DOP child dies.............. 237

Subdivision B—Death of recipient                                                                       238

1034A... Death of recipient........................................................................... 238

Part 2.21—Mobility allowance                                                                                    240

Division 1—Qualification for and payability of mobility allowance    240

Subdivision A—Qualification                                                                               240

1035...... Qualification for mobility allowance.............................................. 240

Subdivision B—Payability                                                                                     243

1037...... Mobility allowance not payable where person receiving motor vehicle assistance 243

1039AA Newly arrived resident’s waiting period........................................ 244

1039AB Duration of newly arrived resident’s waiting period...................... 244

Division 2—Rate of mobility allowance                                                           245

1044...... Rate of mobility allowance [see Appendix for CPI adjusted figures] 245

Division 3—Mobility allowance advance                                                        246

1045...... Qualification for mobility advance................................................. 246

Division 4Continuation                                                                                       247

1046...... Continuation of mobility allowance when person ceases to be qualified                247

Part 2.21A—Language, literacy and numeracy supplement                      249

Division 1—Preliminary                                                                                          249

1047...... Definition........................................................................................ 249

Division 2—Qualification for language, literacy and numeracy supplement        250

1048...... General statement of qualification.................................................. 250

Division 3—Circumstances where language, literacy and numeracy supplement not payable 251

1049...... Language, literacy and numeracy supplement not payable in certain circumstances              251

Division 4—Rate increase relating to language, literacy and numeracy supplement     252

1050...... Rate increase attributable to language, literacy and numeracy supplement             252

Part 2.22—Advance payments of social security entitlements                 253

Division 1—Qualification for advance payment                                          253

1061A... Qualification for advance payment................................................. 253

Division 2—Applying for advance payment                                                  255

1061B... Application..................................................................................... 255

1061C... Form of application........................................................................ 255

1061D... Lodgment of application................................................................. 255

1061E.... Application may be withdrawn...................................................... 255

Division 3—Determination of application and payment of advance payment      256

1061EA. Secretary to determine application................................................. 256

1061EB. Payment of advance payment........................................................ 256

Division 4—Amount of advance payment                                                      257

1061ED. Amount of advance payment—social security pensions............... 257

1061EE. Amount of advance payment—widow allowance, youth allowance, austudy payment, mature age allowance under Part 2.12B or newstart allowance................................................... 258

1061EH. Minimum amount of advance payment.......................................... 260

Division 5—Payment of advance payment                                                     261

1061EI.. Advance payment to be paid to person or nominee....................... 261

1061EJ.. Payment into bank account etc....................................................... 261

Division 6—Protection of advance payment                                                 262

1061EK. Advance payment to be absolutely inalienable.............................. 262

Division 7—Repayment of advance payment                                               263

1061EL. Repayment of advance payment.................................................... 263

Part 2.22A—Special employment advances                                                        264

Division 1—Qualification for special employment advance                 264

1061EM Qualification for special employment advance............................... 264

1061EN. Meaning of in severe financial hardship........................................ 266

1061EO. Person not qualified in certain circumstances................................. 266

Division 4—Amount of special employment advance                             268

1061EW Where claim based on effect of unreceived income on special employment advance qualifying entitlement          268

1061EX. Where claim based on claimant’s need for financial assistance to take up offered employment             268

1061EY. Reduction of special employment advance by amount of any employment entry payment  270

Division 7—Repayment of special employment advance                      271

1061EZCRepayment of special employment advance................................. 271

Part 2.23—Advance pharmaceutical allowance                                                 272

Division 1—Qualification for and payability of advance pharmaceutical allowance          272

1061F.... Qualification for advance pharmaceutical allowance...................... 272

1061G... Advance pharmaceutical allowance not payable in some circumstances 272

Division 3—Amount of advance pharmaceutical allowance                 274

1061JC.. Amount of advance pharmaceutical allowance............................... 274

1061JD. Annual limit.................................................................................... 274

Part 2.23A—Crisis payment                                                                                         276

Division 1—Qualification for crisis payment                                                276

1061JG. Qualification—release from gaol or psychiatric confinement......... 276

1061JH. Qualification—extreme circumstances forcing departure from home 276

1061JJ... Crisis payment not payable in addition to disaster relief payment 277

1061JK. Crisis payment not payable if assurance of support in force........ 277

Division 2—Claim for crisis payment                                                               278

1061JL.. Need for a claim.............................................................................. 278

1061JM Form of claim.................................................................................. 278

1061JN. Lodgment of claim and day on which claim taken to be lodged...... 278

1061JP.. Claimant must be in Australia........................................................ 279

1061JQ. Claim may be withdrawn................................................................ 279

Division 3—Determination of claim                                                                  280

1061JR.. Secretary to determine claim........................................................... 280

1061JS.. Grant of claim................................................................................. 280

1061JT.. Date of effect of determination....................................................... 280

Division 4—Amount of crisis payment                                                            282

1061JU. Amount of payment....................................................................... 282

Division 5—Payment of crisis payment                                                           284

1061JV.. Payment into bank account............................................................ 284

Division 6—Protection of crisis payment                                                       285

1061JW. Crisis payment to be absolutely inalienable................................... 285

1061JX. Effect of garnishee or attachment order.......................................... 285

Part 2.24—Disaster relief payment                                                                          286

1061K... Qualification for disaster relief payment........................................ 286

1061P.... Amount of payment....................................................................... 286

Part 2.24A—Pensioner education supplement                                                   288

Division 1—Qualification for pensioner education supplement         288

Subdivision A—The basic rules                                                                           288

1061PA. Qualification for pensioner education supplement......................... 288

Subdivision B—Undertaking qualifying study                                                  288

1061PB. Undertaking qualifying study......................................................... 288

1061PC. Approved course of education or study......................................... 291

1061PD. Full-time students........................................................................... 291

1061PE. Concessional study-load students.................................................. 291

1061PF. Normal amount of full-time study.................................................. 294

1061PG. First fortnight of classes................................................................. 294

1061PH. Progress rules—secondary students............................................... 295

1061PI.. Progress rules—tertiary students................................................... 296

Subdivision C—Payments attracting pensioner education supplement        301

1061PJ.. Payments attracting pensioner education supplement................... 301

Subdivision D—Pensioner education supplement age                                     302

1061PK. Pensioner education supplement age.............................................. 302

1061PL. When a person is regarded as independent..................................... 303

Subdivision E—Residency                                                                                     305

1061PM Residency requirements.................................................................. 305

1061PN. Absence of persons overseas.......................................................... 305

Division 2—Situations in which pensioner education supplement is not payable            306

Subdivision C—Newly arrived resident’s waiting period                                306

1061PT. Pensioner education supplement not payable during newly arrived resident’s waiting period               306

1061PU. Newly arrived resident’s waiting period........................................ 306

1061PV. Length of newly arrived resident’s waiting period......................... 307

Subdivision D—Multiple entitlement exclusion                                                308

1061PW Meaning of multiple entitlement exclusion..................................... 308

1061PX. Multiple entitlement exclusion....................................................... 308

Division 5—Rate of pensioner education supplement                            309

1061PZGRate of pensioner education supplement...................................... 309

Part 2.25—Telephone allowance                                                                                310

Division 1—Qualification for and payability of telephone allowance 310

1061Q... Qualification for telephone allowance............................................ 310

1061R... Telephone allowance not payable in some circumstances.............. 313

Division 2—Rate of telephone allowance                                                      315

1061S.... Rate of telephone allowance [see Appendix for CPI adjusted figures] 315

Part 2.25A—Utilities allowance                                                                                  318

Division 1—Qualification for and payability of utilities allowance     318

1061T... Qualification for utilities allowance................................................ 318

1061TA When utilities allowance is payable................................................ 318

Division 2—Rate of utilities allowance                                                            320

1061TB. Rate of utilities allowance............................................................... 320

Part 2.25B—Seniors concession allowance                                                          321

Division 1—Qualification for and payability of seniors concession allowance    321

1061U... Qualification for seniors concession allowance.............................. 321

1061UA When seniors concession allowance is payable.............................. 321

Division 2—Rate of seniors concession allowance                                   323

1061UB Rate of seniors concession allowance............................................. 323

Part 2.26—Fares allowance                                                                                           324

Division 1—Qualification for fares allowance                                              324

1061ZAAAQualification for fares allowance................................................ 324

1061ZAABJourney by person who is not an external student.................... 326

1061ZAACJourney by person who is an external student........................... 326

Division 3—Amount of fares allowance                                                          327

1061ZAAJFares allowance for public transport........................................... 327

1061ZAAKFares allowance for private transport........................................ 327


Part 2.12AMature age (pre-1 July 1996) allowances

Division 1Application of Part

660XAA  Structure of Part

                   Part 2.12A deals with 2 payment types, mature age allowance and mature age partner allowance:

•    Division 1 deals with the application of this Part.

•    Divisions 2, 3 and 11 are divided into Subdivisions that deal with either mature age allowance or mature age partner allowance.

•    Divisions 4 to 10 and 12 also deal with both mature age allowance and mature age partner allowance. The sections in those Divisions usually apply to both allowances (eg section 660XDA). However, sometimes a section is divided into subsections dealing with only one of the allowances (eg section 660XDG).

660XAB  Time limits on claims of mature age allowance and grant of mature age partner allowance

660XAB(1)  In spite of any other provision of this Part, other than section 660XJO, a person is not to be granted a mature age allowance under this Part unless:

                     (a)  the person’s claim for the allowance was lodged on or before 30 June 1996; and

                     (b)  the person qualified for the allowance on or before that date.

660XAB(2)  In spite of any other provision of this Part or any provision of the Administration Act, other than section 85, a person is not to be granted a mature age partner allowance unless:

                     (a)  the person’s claim for the allowance is lodged on or before 30 June 1995; and

                     (b)  the person qualifies for the allowance on or before 30 June 1995.

660XAB(2A)    For the purposes of paragraph (1)(a), if subsection 660XCC(2) applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim.

660XAB(3)  For the purposes of paragraph (2)(a), if section 15 of the Administration Act applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim.

660XAB(4)  In subsection (3):

initial claim has the same meaning as in section 15 of the Administration Act.


 

Division 2Qualification for mature age allowance and mature age partner allowance

Subdivision AQualification for mature age allowance

660XBA  Qualification for mature age allowance

660XBA(1)  A person is qualified for mature age allowance if the person:

                     (a)  has turned 60 but has not reached pension age; and

                     (b)  satisfies the Secretary that the person is unemployed; and

                     (d)  has been receiving one or a combination of the following:

                              (i)  a social security pension;

                             (ii)  a social security benefit;

                           (iia)  a job search allowance;

                            (iii)  a service pension;

                            for a continuous period of at least 12 months immediately before a claim period day; and

                     (e)  has 10 years qualifying Australian residence, or has a qualifying residence exemption for a mature age allowances.

660XBA(1B)    For the purposes of paragraph (1)(d), if a person ceases to receive one of the following:

                     (a)  a social security pension;

                     (b)  a social security benefit;

                    (ba)  a job search allowance;

                     (c)  a service pension;

for a period of less than 13 weeks, the person is taken to have been receiving the pension or benefit for that period.

Exemption from satisfying paragraphs (1) (c) and (d)

660XBA(2)  The qualifications in paragraphs (1)(c) and (1)(d) do not apply if the person has previously received mature age allowance or mature age partner allowance.

660XBA(4)  In this section, claim period day means:

                     (a)  the day on which the claim is lodged; or

                     (b)  any other day in the period of 3 months that starts immediately after the day on which the claim is lodged.

Note 1:       For pension age see section 23.

Note 5:       For qualifying Australian residence and qualifying residence exemption see section 7.

Note 6:       Exceptions to the qualification requirements in subsection (1) are set out in this Subdivision.

Note 7:       A mature age allowance is not payable in certain situations even if the person is qualified (see Subdivision A of Division 3).

Note 8:       A person receiving mature age allowance may be automatically transferred to the age pension if the person becomes qualified for age pension (see subsection 48(3)).

660XBB  Assurance of support

                   A person is not qualified for mature age allowance on a day if the Secretary is satisfied that:

                     (a)  an assurance of support is in force in respect of the person (the assuree) on that day; and

                     (b)  the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and

                     (c)  it is reasonable for the assuree to accept that support.

Note:          For assurance of support see subsection 23(1).

660XBC  Person may be treated as unemployed

                   If:

                     (a)  a person undertakes paid work on a day; and

                     (b)  the Secretary is of the opinion that, taking into account:

                              (i)  the nature of the work; and

                             (ii)  the duration of the work; and

                            (iii)  any other matters relating to the work that the Secretary considers relevant;

                            the work should be disregarded;

the Secretary may treat the person as being unemployed on that day.

660XBE  Unemployment due to industrial action

660XBE(1)  A person is not qualified for mature age allowance on a day unless the person satisfies the Secretary that the person’s unemployment on that day was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.

660XBE(2)  A person is not qualified for mature age allowance on a day unless the Secretary is satisfied:

                     (a)  that the person’s unemployment on that day was due to other people being, or having been, engaged in industrial action or a series of industrial actions; and

                     (b)  the people, or some of the people, were members of a trade union which was involved in the industrial action; and

                     (c)  the person was not a member of the trade union on that day.

Note:          For industrial action, trade union and unemployment see section 16.

660XBE(3)  Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for a mature age allowance on a day that occurs after the relevant industrial action or series of industrial actions has stopped.

660XBE(4)  Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by a State industrial authority, the Australian Industrial Relations Commission, the Federal Court or the Federal Magistrates Court, a person is not qualified for a mature age allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.

Note:          For State industrial authority see section 4 of the Workplace Relations Act.

Subdivision BQualification for mature age partner allowance

660XBI  Qualification for mature age partner allowance

660XBI(1)  A person is qualified for mature age partner allowance if:

                     (a)  the person is a member of a couple; and

                     (b)  the person’s partner is receiving mature age allowance.

Note 1:       For member of a couple see section 4.

Note 2:       A person is not qualified if an assurance of support is in force (see section 660XBJ).

Note 4:       A person who is receiving mature age partner allowance may be automatically transferred to the age pension if the person becomes qualified for the age pension or to wife pension if the person becomes qualified for the wife pension (see subsections 48(3) and 152(3), respectively).

660XBJ  Assurance of support

                   A person is not qualified for mature age partner allowance on a day if the Secretary is satisfied that:

                     (a)  an assurance of support is in force in respect of the person (the assuree) on that day; and

                     (b)  the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and

                     (c)  it is reasonable for the assuree to accept that support.

Note:          For assurance of support see subsection 23(1).


 

Division 3Payability of mature age allowance and mature age partner allowance

Subdivision APayability of mature age allowance

660XCA  Mature age allowance not payable if allowance rate nil

660XCA(1)  Subject to subsection (2), a mature age allowance is not payable to a person if the person’s mature age allowance rate would be nil.

660XCA(2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  the social security law; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

660XCF  Multiple entitlement exclusion

660XCF(1)  A mature age allowance is not payable to a person if the person is already receiving a service pension.

660XCF(2)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  another social security pension, a social security benefit or a service pension becomes payable to the person;

the mature age allowance is not payable to the person.

Note 1:       Another payment type will generally not become payable to the person until the person claims it.

660XCF(3)  A mature age allowance is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;

unless:

                     (c)  the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and

                     (d)  before 1 November 1986 the woman was also receiving a social security benefit.

Note 1:       For armed services widow see subsection 4(1).

Note 2:       A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate (see subsection 1064(5)).

660XCF(4)  A mature age allowance is not payable to a man if:

                     (a)  the man is an armed services widower; and

                     (b)  the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note:          For armed services widower see subsection 4(1).

660XCG  Educational and other schemes exclusion

660XCG(1)  If:

                     (a)  a payment is, or may be, made in respect of a person under:

                              (i)  a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or

                             (ii)  the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and

                     (b)  the payment relates to a period;

mature age allowance is not payable to the person in respect of any part of the period.

Note:          For prescribed educational scheme see section 5.

660XCG(2)  If:

                     (a)  a person may enrol in a full-time course of education; and

                     (b)  a payment under a scheme referred to in subsection (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person before the person starts the course.

Subdivision BPayability of mature age partner allowance

660XCI  Mature age partner allowance not payable if allowance rate nil

660XCI(1)  Subject to subsection (2), a mature age partner allowance is not payable to a person if the person’s mature age partner allowance rate would be nil.

660XCI(2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  the social security law; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

660XCN  Multiple entitlement exclusion

660XCN(1)  A mature age partner allowance is not payable to a person if the person is already receiving a service pension.

660XCN(2)  If:

                     (a)  a person is receiving a mature age partner allowance; and

                     (b)  another social security pension, a social security benefit or a service pension becomes payable to the person;

the mature age partner allowance is not payable to the person.

Note 1:       Another payment type will generally not become payable to the person until the person claims it.

Note 2:       For the day on which the mature age partner allowance ceases to be payable see section 660XJB.

660XCN(3)  A mature age partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

660XCO  Educational schemes exclusion

660XCO(1)  If:

                     (a)  a payment has been, or may be, made in respect of a person under:

                             (ii)  the ABSTUDY Scheme; or

                            (iii)  a Student Financial Supplement Scheme; and

                     (b)  the payment relates to a period;

mature age partner allowance is not payable to the person in respect of any part of the period.

660XCO(2)  If:

                     (a)  a person may enrol in a full-time course of education; and

                     (b)  a payment under a scheme referred to in subsection (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (1), mature age partner allowance is payable to the person before the person starts the course.

660XCP  Commonwealth funded employment program exclusion

                   If:

                     (a)  a person receives, or may receive, income that is paid by a community or group from funds provided under a Commonwealth funded employment program; and

                     (b)  the income is paid in respect of a period;

mature age partner allowance is not payable to the person in respect of any part of the period.

Note:          For Commonwealth funded employment program see subsection 23(1).


 

Division 6Rate of mature age allowance and mature age partner allowance

660XFA  How to work out a person’s mature age allowance or mature age partner allowance

                   A person’s mature age allowance or mature age partner allowance rate is worked out by using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).


 

Division 11Bereavement payments

Subdivision APerson receiving mature age allowance (death of partner)

660XKA  Qualification for payments under this Subdivision

660XKA(1)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  the person is a member of a couple; and

                     (c)  the person’s partner dies; and

                     (d)  immediately before the partner died, the partner:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a service pension; or

                            (iii)  was a long-term social security recipient; and

                     (e)  on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 660XKD (person’s continued rate) on that payday; and

                             (ii)  the amount that would otherwise be payable to the person under section 660XKB (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 660XKB provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2:       Section 660XKC provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

660XKA(2)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  immediately before starting to receive the allowance the person was receiving partner bereavement payments; and

                     (c)  the bereavement rate continuation period in relation to the death of the person’s partner has not ended;

the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.

660XKA(3)  A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

Note:          If a person makes an election, the date of effect of any determination to increase the person’s rate of mature age allowance may, in some circumstances, be the day on which the person’s partner died (see subsection 660XJP(6)).

660XKA(4)  An election under subsection (3):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the person has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

660XKA(5)  If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which mature age allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (3), governed by section 660XKD.

660XKA(6)  For the purposes of this section, a person is a long term social security recipient if:

                     (a)  the person is either receiving a social security benefit or is a benefit increase partner; and

                     (b)  in respect of the previous 12 months, the person:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a social security benefit; or

                           (iia)  was receiving a youth training allowance; or

                            (iii)  was receiving a service pension; or

                            (iv)  was a benefit increase partner.

660XKA(7)  A person is taken to satisfy the requirements of paragraph (6)(b) if:

                     (a)  the person’s receipt of social security pension, social security benefit, youth training allowance or service pension, or the person’s status as a benefit increase partner, or a combination of these, was continuous for the period of 12 months; or

                     (b)  the person was receiving one or other of the payments referred to in paragraph (6)(b) or had the status of a benefit increase partner, or a combination of these, for 46 weeks of the previous 52.

660XKB  Continued payment of partner’s pension

660XKB(1)  If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period the following amount:

                     (a)  where the partner was receiving a social security
pension—the amount that would have been payable to the partner on the payday if the partner had not died; or

                     (b)  where the partner was receiving a service pension—the amount that would have been payable to the partner under Part III of the Veterans’ Entitlements Act on the service payday that:

                              (i)  where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or

                             (ii)  in any other case—follows the partner’s payday;

                            if the partner had not died.

660XKB(2)  For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.

660XKC  Lump sum payable in some circumstances

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the person’s partner had not died; and

               (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.   Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if:

               (a)     the partner had not died; and

               (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount that, but for section 660XKD, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.   Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7.   Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.

660XKD  Adjustment of person’s mature age allowance rate

                   If:

                     (a)  a person is qualified for payments under this Subdivision; and

                     (b)  the person does not elect under subsection 660XKA(3) not to receive payments under this Subdivision;

the rate of the person’s mature age allowance during the bereavement period is worked out as follows:

                     (c)  during the bereavement rate continuation period, the rate of mature age allowance payable to the person is the rate at which the mature age allowance would have been payable to the person if:

                              (i)  the person’s partner had not died; and

                             (ii)  where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple;

                     (d)  during the bereavement lump sum period (if any), the rate at which mature age allowance is payable to the person is the rate at which the mature age allowance would be payable to the person apart from this Subdivision.

660XKE  Effect of death of person entitled to payments under this Subdivision

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the person dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the person’s partner before the person dies;

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:

               (a)     neither the person nor the person’s partner had died; and

               (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.   Work out the amount that would have been payable to the partner on the person’s payday or service payday immediately after the day on which the person died if:

               (a)     neither the person nor the partner had died; and

               (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount that, but for section 660XKD, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 5.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.   Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7.   Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

660XKF  Matters affecting payment of benefits under this Subdivision

660XKF(1)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the person has not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

                     (e)  the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

660XKF(2)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

Subdivision BDeath of person receiving mature age allowance

660XKG  Death of recipient

660XKG(1)  If:

                     (a)  a person is receiving mature age allowance; and

                     (b)  either:

                              (i)  the person is not a member of a couple; or

                             (ii)  the person is a member of a couple and the person’s partner:

                                        (A)  is not receiving a social security pension; and

                                        (B)  is not receiving a service pension; and

                     (c)  the person dies;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.

660XKG(2)  If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.

Note 2:       For death of a person qualified for bereavement payments under Subdivision A see section 660XKE.

Subdivision CContinuation of mature age partner allowance where partner dies

660XKH  Continuation of mature age partner allowance for bereavement period

                   If:

                     (a)  a person is receiving a mature age partner allowance; and

                     (b)  the person’s partner dies;

the person remains qualified for the mature age partner allowance during the bereavement period as if:

                     (c)  the partner had not died; and

                     (d)  the partner had continued to receive a mature age allowance; and

                     (e)  the person and the partner had continued to be members of a couple.

660XKI  Continued mature age partner allowance rate

                   Where a person is qualified for a mature age partner allowance because of section 660XKH, the person’s mature age partner allowance rate is worked out as follows:

                     (a)  during the bereavement rate continuation period, the rate of mature age partner allowance is the rate that would have been payable to the person if:

                              (i)  the partner had not died; and

                             (ii)  where the couple had been an illness separated couple or a respite care couple—they had not been such a couple;

                     (b)  during the bereavement lump sum period (if any), the rate of payments under this Subdivision is the rate at which a widow B pension would have been payable to the person if he or she had been qualified for a widow B pension.

Subdivision DPerson receiving mature age partner allowance (death of partner)

660XKJ  Qualification for payments under this Subdivision

660XKJ(1)  If:

                     (a)  a person is receiving a mature age partner allowance; and

                     (b)  the person’s partner dies;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 660XKK provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2:       Section 660XKL provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

660XKJ(2)  A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

660XKJ(3)  An election under subsection (2):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the person has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

660XKK  Continued payment of partner’s allowance

                   If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each day that would have been a payday for the partner in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person’s partner on that day if the partner had not died.

660XKL  Lump sum payable in some circumstances

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the person’s partner had not died; and

               (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.   Work out the amount that would have been payable to the person’s partner on the first day that would have been a payday of the partner on or after the first available bereavement adjustment payday if:

               (a)     the partner had not died; and

               (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount of widow B pension that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if a widow B pension had been payable to the person on that payday: the result is called the person’s individual rate.

Step 5.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.   Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7.   Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.

660XKM  Effect of death of person entitled to payments under this Subdivision

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the person dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the person’s partner before the person dies;

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:

               (a)     neither the person nor the person’s partner had died; and

               (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.   Work out the amount that would have been payable to the person’s partner on the first day that would have been a payday of the partner on or after the day on which the person died if:

               (a)     neither the person nor the partner had died; and

               (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount that, but for sections 660XKH and 660XKI, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 5.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.   Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7.   Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

660XKN  Matters affecting payment of benefits under this Subdivision

660XKN(1)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the person has not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

                     (e)  the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

660XKN(2)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.


 

Part 2.12BMature age (post-30 June 1996) allowance

Division 1Application of Part

660YAA  Application of Part

                   This Part deals with mature age allowance to which Part 2.12A does not apply.

660YAB  Time limits on claims for mature age allowance

660YAB(1)  In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a mature age allowance under this Part unless:

                     (a)  the person’s claim for the allowance:

                              (i)  was lodged before 20 September 2003; or

                             (ii)  is taken, because of the operation of section 12, 13 or 15 of the Administration Act, to have been made before 20 September 2003; and

                     (b)  the person was qualified for the allowance:

                              (i)  in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and

                             (ii)  in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.

660YAB(2)  Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a mature age allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date.

660YAB(3)  Nothing in this section affects the operation of section 85 of the Administration Act.


 

Division 2Qualification for mature age allowance

660YBA  Qualification for mature age allowance

660YBA(1)  A person is qualified for a mature age allowance in respect of a period if the person fulfils the requirements set out in this section in respect of the period.

660YBA(2)  The first requirement is that the person has reached 60 years of age but has not reached pension age.

Note:          For pension age see section 23.

660YBA(3)  Subject to subsection (4), the second requirement is that either of the following paragraphs applies to the person:

                     (a)  the person was receiving a job search allowance or a newstart allowance immediately before the claim lodgment day and has been receiving an income support payment for a continuous period of at least 9 months immediately before the claim lodgment day;

                     (b)  at any time during the period of 13 weeks immediately before the claim lodgment day the person received a social security pension, a service pension, income support supplement, a widow allowance, a partner allowance, sickness allowance, benefit PP (partnered) or a parenting allowance (other than a non-benefit parenting allowance).

Note 1:       For income support payment see subsection 23(1).

Note 2:       For calculation of continuous period of receipt of income support payments see section 38B.

660YBA(4)  The requirement set out in subsection (3) does not apply to a person who has previously received mature age allowance under this Part or Part 2.12A.

660YBA(5)  The third requirement is that the person satisfies the Secretary that the person has no recent workforce experience.

660YBA(6)  For the purposes of subsection (5), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the claim lodgment day.

660YBA(7)  The fourth requirement is that the person is an Australian resident.

Note:          For Australian resident see section 7.

660YBA(11)     In this section:

claim lodgment day means the day on which the claim is lodged.

Note:          A mature age allowance is not payable in certain situations even if the person is qualified (see Division 3).

660YBB  Assurance of support

                   A person is not qualified for mature age allowance in respect of a period if the Secretary is satisfied that:

                     (a)  an assurance of support is in force in respect of the person (the assuree) for the period; and

                     (b)  throughout the period the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and

                     (c)  throughout the period it would be reasonable for the assuree to accept the support.

Note:          For assurance of support see subsection 23(1).


 

Division 3Payability of mature age allowance

660YCA  Mature age allowance not payable if allowance rate nil

660YCA(1)  Subject to subsection (2), a mature age allowance is not payable to a person if the person’s mature age allowance rate would be nil.

660YCA(2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  the social security law; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

660YCF  Multiple entitlement exclusion

660YCF(1)  A mature age allowance is not payable to a person if the person is already receiving a mature age allowance under Part 2.12A, a service pension or income support supplement.

660YCF(2)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  another social security benefit, a social security pension, a service pension or income support supplement becomes payable to the person;

the mature age allowance is not payable to the person.

Note 1:       Another payment type will generally not become payable to the person until the person claims it.

660YCF(3)  Subject to subsection (4), a mature age allowance is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note 1:       For armed services widow see subsection 4(1).

Note 2:       A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (3)(b) may be paid at a lower rate (see subsection 1068(3)).

660YCF(4)  Subsection (3) does not apply to a woman if:

                     (a)  the woman has been receiving a payment referred to in paragraph (3)(b) continuously since before 1 November 1986; and

                     (b)  before 1 November 1986 the woman was also receiving a social security benefit.

660YCF(5)  A mature age allowance is not payable to a man if:

                     (a)  the man is an armed services widower; and

                     (b)  the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note:          For armed services widower see subsection 4(1).

660YCF(6)  A mature age allowance is not payable to a person if:

                     (a)  the person is an armed services widow or armed services widower; and

                     (b)  the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.

Note 1:       For armed services widow and armed services widower see subsection 4(1).

Note 2:       For MRCA see subsection 23(1).

660YCFA  Newly arrived resident’s waiting period

660YCFA(1)  Subject to this section, a person who:

                     (a)  has entered Australia on or after 1 January 1993; and

                     (b)  has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

is subject to a newly arrived resident’s waiting period.

660YCFA(2)  Subsection (1) does not apply to a person who has a qualifying residence exemption for a mature age allowance.

Note:          For qualifying residence exemption see subsections 7(6) and 7(6AA).

660YCFA(4)  Subsection (1) does not apply to a person if:

                     (a)  the person is already subject to a newly arrived resident’s waiting period; or

                     (b)  the person has already served a newly arrived resident’s waiting period; or

                     (c)  the person:

                              (i)  has previously entered Australia before 1 January 1993; and

                             (ii)  held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

660YCFA(5)  Subsection (1) does not apply to a person if:

                     (a)  the person is a New Zealand citizen; and

                     (b)  the person was an Australian resident on 1 February 2000.

660YCFB  Duration of newly arrived resident’s waiting period

660YCFB(1)  If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.

660YCFB(3)  The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note:          This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

660YCG  Educational and other schemes exclusion

660YCG(1)  Subject to subsections (2) and (3), a mature age allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:

                     (a)  a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or

                     (b)  the scheme to provide an allowance known as the Maintenance Allowance for Refugees.

Note 1:       For prescribed educational scheme see section 5.

660YCG(2)  If:

                     (a)  a person enrols in a full-time course of education; and

                     (b)  a payment under a scheme referred to in subsection (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person for a period before the person starts the course.

660YCG(3)  If:

                     (a)  a person enrols in a full-time course of education; and

                     (b)  the course is to last for 6 months or longer; and

                     (c)  an application is made for a payment in respect of the person under:

                             (ii)  the ABSTUDY Schools Scheme; or

                            (iii)  the ABSTUDY Tertiary Scheme; and

                     (d)  the person was receiving mature age allowance immediately before the start of the course;

the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person until:

                     (e)  the application is determined; or

                      (f)  the end of 3 weeks beginning on the day on which the course starts;

whichever happens first.

660YCH  Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

                   The maximum basic rate, and the remote area allowance, of mature age allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1:       For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2:       For CDEP Scheme participant see subsection 23(1).

660YCI  Exclusion for non-payment period for job search allowance, newstart allowance or partner allowance

                   If:

                     (a)  a period of non-payment of newstart allowance or partner allowance has been imposed in respect of a person; and

                     (b)  the period has not ended;

mature age allowance is not payable to the person for the period.

Note 2:       For the imposition of a period of non-payment of newstart allowance see Subdivision F of Division 1 of Part 2.12 and section 634.

Note 3:       For the imposition of a period of non-payment of partner allowance see paragraph 771HC(1)(b).

660YCJ  Allowance not payable if assets value limit exceeded
[see Appendix for CPI adjusted figures]

660YCJ(1)  A mature age allowance is not payable to a person if the value of the person’s assets is greater than the person’s assets value limit.

660YCJ(2)  A person’s assets value limit is calculated by working out which family situation in column 2 of the following Table applies to the person; the assets value limit is the corresponding amount in column 3.

 

Assets value limit table

Column 1

Column 2

Column 3

Assets value limit

Item

Person’s family situation

Column 3A

Either the person or the partner is a homeowner

Column 3B

Neither the person nor the partner is a homeowner

1.

Not member of a couple

$118,000

$202,000

2.

Partnered (partner getting neither pension nor allowance)

$167,500

$251,500

3.

Partnered (partner getting pension or allowance)

$83,750

$125,750

660YCJ(3)  If the Secretary determines in writing, for the purposes of column 3A or 3B of an item in the Table at the end of subsection (2), a higher amount in substitution for an amount (the existing amount) set out in that column of that item, the higher amount is taken, from and including 1 July 1996, to be substituted for the existing amount. A determination under this subsection is a disallowable instrument.

Note 1:       For members of a couple, partnered (partner getting neither pension nor allowance) and partnered (partner getting pension or allowance) see section 4.

Note 2:       For homeowner see section 11.

Note 3:       If item 2 applies to a person, the value of all the assets of the person’s partner is to be taken as being included in the value of the person’s assets (see subsection 660YCK(1))—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 660YCK(2)).

Note 4:       If a mature age allowance is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

Note 5:       The assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).

Note 6:       The assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).

Note 7:       The assets value limits of item 2 are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).

660YCK  Value of assets of members of couples

660YCK(1)  If:

                     (a)  a person is a member of a couple; and

                     (b)  the person’s partner is not in receipt of an income support payment;

the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.

660YCK(2)  If:

                     (a)  a person is a member of a couple; and

                     (b)  the person’s partner is in receipt of an income support payment;

the following paragraphs apply:

                     (c)  the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and

                     (d)  the value of the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person’s partner.

Note:          For income support payment see subsection 23(1).

660YCL  Seasonal workers

660YCL(1)  This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for mature age allowance, the person, or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work.

Note:          For seasonal work see subsection 16A(1).

660YCL(2)  Mature age allowance is not payable to the person:

                     (a)  if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

                     (b)  if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

Note:          For seasonal work preclusion period see subsection 16A(1).

660YCL(3)  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

                     (a)  the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

                     (b)  the determination has effect accordingly.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).


 

Division 6Rate of mature age allowance

660YFA  How to work out a person’s mature age allowance

                   A person’s mature age allowance rate is worked out by using Benefit Rate Calculator B at the end of section 1068 (see Part 3.6).

660YGI  CDEP Scheme participant may accumulate mature age allowance

660YGI(1)  A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any mature age allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

660YGI(2)  If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

                     (a)  unless paragraph (b) applies, the last day of the quarter; or

                     (b)  if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

660YGI(3)  In this section:

quarter means a CDEP Scheme quarter.

Note 1:       For CDEP Scheme participant see section 1188B.

Note 2:       For CDEP Scheme quarter see subsection 23(1).


 

Division 11Bereavement payments

Subdivision APreliminary

660YKA  Surviving partner and deceased partner

                   If:

                     (a)  a person is receiving mature age allowance; and

                     (b)  the person’s partner dies;

then, for the purposes of this Division:

                     (c)  the person is the surviving partner; and

                     (d)  the person’s partner is the deceased partner.

Subdivision BContinuation of mature age allowance following death of recipient’s partner

660YKB  Continuation of mature age allowance for bereavement period

660YKB(1)  This section applies if:

                     (a)  a person is receiving mature age allowance; and

                     (b)  the person’s partner dies; and

                     (c)  immediately before the deceased partner died, the partner:

                              (i)  was a long-term social security recipient; or

                             (ii)  was receiving a social security pension, a service pension or income support supplement; and

                     (d)  immediately before the deceased partner died, the surviving partner was a long-term social security recipient.

660YKB(2)  The surviving partner remains qualified for mature age allowance during the bereavement period as if:

                     (a)  the deceased partner had not died; and

                     (b)  the deceased partner had continued to receive an income support payment; and

                     (c)  the surviving partner and the deceased partner had continued to be members of a couple.

660YKB(3)  The surviving partner’s mature age allowance rate during the bereavement rate continuation period is the rate that would have been payable to the surviving partner if:

                     (a)  the deceased partner had not died; and

                     (b)  if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.

660YKB(4)  The surviving partner’s mature age allowance rate during the bereavement lump sum period (if any) is the rate at which mature age allowance would have been payable to the surviving partner if he or she was not a member of a couple.

Note 1:       For long-term social security recipient see subsection 23(1).

Note 2:       For bereavement period, bereavement rate continuation period and bereavement lump sum period see section 21.

Note 3:       For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Note 4:       For income support payment see subsection 23(1).

Subdivision CBereavement payments for person receiving mature age allowance following death of the person’s partner

660YKC  Qualification for payments under this Subdivision

660YKC(1)  If:

                     (a)  a person is receiving mature age allowance; and

                     (b)  the person’s partner dies; and

                     (c)  immediately before the deceased partner died, the partner:

                              (i)  was a long-term social security recipient; or

                             (ii)  was receiving a social security pension, a service pension or income support supplement; and

                     (d)  immediately before the deceased partner died, the surviving partner was a long-term social security recipient; and

                     (e)  on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 660YKB (person’s continued rate) on that payday; and

                             (ii)  the amount that would otherwise be payable to the person under section 660YKD (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 660YKD provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.

Note 2:       Section 660YKE provides for payment to the surviving partner of a lump sum that represents the instalments that would have been paid to the deceased partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.

Note 3:       For bereavement period see section 21.

660YKC(2)  A surviving partner who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

660YKC(3)  An election under subsection (2):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

660YKD  Continued payment of deceased partner’s previous entitlement

                   If a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner, there is payable to the surviving partner, on each of the deceased partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the deceased partner on that payday if he or she had not died.

Note:          For bereavement rate continuation period see section 21.

660YKE  Lump sum payable in some circumstances

                   If:

                     (a)  a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the surviving partner as a lump sum an amount worked out using the following Lump Sum Calculator:

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the deceased partner had not died; and

               (b)     if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 2.   Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the deceased partner had not died; and

               (b)     if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount of mature age allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

               (a)     mature age allowance had been payable to the surviving partner on that payday; and

               (b)     the surviving partner was not a member of a couple on that payday:

              the result is called the surviving partner’s notional rate.

Step 5.   Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.   Work out the number of the deceased partner’s paydays in the bereavement lump sum period.

Step 7.   Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the surviving partner under this section.

Note:          For bereavement period, bereavement lump sum period and first available bereavement adjustment payday see section 21.

660YKF  Effect of death of surviving partner

                   If:

                     (a)  a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and

                     (b)  the surviving partner dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the deceased partner before the surviving partner dies;

there is payable, as a lump sum, to any person that the Secretary thinks appropriate, an amount worked out using the following Lump Sum Calculator:

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:

               (a)     neither the surviving partner nor the deceased partner had died; and

               (b)     if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 2.   Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately after the day on which the surviving partner dies if:

               (a)     neither the surviving partner nor the deceased partner had died; and

               (b)     if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 3.   Add the results of Step 1 and Step 2: this result is called the combined rate.

Step 4.   Work out the amount of mature age allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:

               (a)     mature age allowance had been payable to the surviving partner on that payday; and

               (b)     the surviving partner was not a member of a couple on that payday:

              the result is called the surviving partner’s notional rate.

Step 5.   Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.   Work out the number of the surviving partner’s paydays in the period that starts on the day on which the surviving partner dies and ends on the day on which the bereavement period ends.

Step 7.   Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

Note:          For bereavement period and first available bereavement adjustment payday see section 21.

660YKG  Matters affecting payments under this Subdivision

660YKG(1)  If:

                     (a)  the surviving partner is qualified for payments under this Subdivision; and

                     (b)  after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the surviving partner had not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal representative of the deceased partner, except to the extent (if any) to which the amount is greater than the amount payable to the surviving partner under this Subdivision;

                     (e)  the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).

660YKG(2)  If:

                     (a)  the surviving partner is qualified for payments under this Subdivision; and

                     (b)  an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a financial institution; and

                     (c)  the financial institution pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.

Note:          For bereavement period see section 21.

Subdivision DBereavement payment in respect of former CDEP Scheme participant

660YKH  Calculation of bereavement payment in respect of former CDEP Scheme participant

                   If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 660YCH had not been enacted.

Note:          For CDEP Scheme participant see section 1188B.

 


 

Part 2.13Employment entry payment

  

661  Job search allowees over 18 or newstart allowees

        661(1)  A person is qualified for an employment entry payment under this section if:

                     (a)  the person has turned 21; and

                     (b)  the person commences employment; and

                     (c)  immediately before the person commenced the employment:

                              (i)  the person was receiving 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 respect of a continuous period of at least 12 months see section 38B.

                     (d)  because the person commences the employment, the person ceases to be qualified for newstart allowance; and

                     (e)  the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and

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

        661(3)  If the Secretary is satisfied that:

                     (a)  a person has entered an agreement under which the person is to be employed; and

                     (b)  on the start of that employment, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1) or (2);

the following provisions have effect:

                     (c)  subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at such time as the Secretary determines;

                     (d)  the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.

        661(4)  The time determined under paragraph (3)(c) is not to be more than 14 days before the person is to commence the employment.

662  Amount of section 661 payment

                   The amount of an employment entry payment under section 661 is $104.

664AAA  Widow allowance recipients

664AAA(1) A woman is qualified for an employment entry payment under this section if:

                     (a)  she commences employment; and

                     (b)  immediately before she commenced the employment, she was:

                              (i)  receiving widow allowance; and

                             (ii)  a long-term social security recipient; and

                     (c)  the income earned by her from the employment results in widow allowance ceasing to be payable; and

                     (d)  the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and

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

Note:          For long-term social security recipient see subsection 23(1).

664AAA(2) If the Secretary is satisfied that:

                     (a)  a woman has entered an agreement under which she is to be employed; and

                     (b)  on the start of that employment, she would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);

the following provisions have effect:

                     (c)  subject to paragraph (d), she is qualified for an employment entry payment, which is payable to her at such time as the Secretary determines;

                     (d)  she is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to her.

664AAA(3) The time determined under paragraph (2)(c) is not to be more than 14 days before the woman is to commence the employment.

664AAB  Amount of section 664AAA payment

                   The amount of an employment entry payment under section 664AAA is $104.

664AA  Mature age allowance and mature age partner allowance recipients

Mature age allowance recipient (Part 2.12A)

  664AA(1)  A person is qualified for an employment entry payment under this section if:

                     (a)  the person commences employment; and

                     (b)  immediately before the person commences the employment, the person was receiving a mature age allowance under Part 2.12A; and

                     (c)  because the person commences the employment, the person ceases to be qualified for a mature age allowance under that Part; and

                     (d)  the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and

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

Mature age allowance recipient (Part 2.12B)

664AA(1A) A person is qualified for an employment entry payment under this section if:

                     (a)  the person starts employment; and

                     (b)  immediately before the person started the employment, the person was receiving a mature age allowance under Part 2.12B; and

                     (c)  the income earned by the person from the employment results in that mature age allowance ceasing to be payable to the person; and

                     (d)  the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and

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

Mature age partner allowance recipient

  664AA(2)  A person is qualified for an employment entry payment under this section if:

                     (a)  the person is a member of a couple; and

                     (b)  the person commences employment; and

                     (c)  immediately before the person commences the employment, the person was receiving mature age partner allowance; and

                     (d)  the income earned by the person from the employment results in mature age allowance ceasing to be payable to the person’s partner; and

                     (e)  the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and

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

  664AA(3)  If the Secretary is satisfied that:

                     (a)  a person has entered an agreement under which the person is to be employed; and

                     (b)  on the start of that employment, the person would, apart from receiving a payment under this subsection, be qualified for a payment under subsection (1), (1A) or (2);

the following provisions have effect:

                     (c)  subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at such time as the Secretary determines;

                     (d)  the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.

  664AA(4)  The time determined under paragraph (3)(c) is not to be more than 14 days before the person is to start the employment.

664AB  Amount of section 664AA payment

                   The amount of an employment entry payment under section 664AA is $104.

664A  Sole parent pension recipients

     664A(1)  A person is qualified for an employment entry payment under this section if:

                     (a)  the person’s income from employment rises (including the case where a person commences employment); and

                     (b)  immediately before the rise in the person’s income from employment, the person was receiving a pension PP (single); and

                     (c)  because of the rise in the person’s income from employment, the person’s income from employment exceeds the threshold amount; and

                     (d)  the person’s income from employment is, in the Secretary’s opinion, likely to exceed the threshold amount for more than 4 weeks; and

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

     664A(2)  If the Secretary is satisfied that:

                     (a)  a person has entered an agreement under which the person is to be employed or the person’s earnings are to be increased; and

                     (b)  on the start of that employment or increase in those earnings, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);

the following provisions have effect:

                     (c)  subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at such time as the Secretary determines;

                     (d)  the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.

     664A(3)  The time determined under paragraph (2)(c) must not be more than 14 days before the person is to commence the employment or the person’s income from employment is to rise.

     664A(4)  In this section:

threshold amount means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:

                     (a)  was not a member of a couple; and

                     (b)  was not receiving rent assistance; and

                     (c)  was not receiving remote area allowance; and

                     (d)  had turned 21 but had not turned 60; and

                     (e)  has no dependent children.

664B  Amount of section 664A payment

                   The amount of an employment entry payment under section 664A is $104.

664C  Disability support pension recipients

     664C(1)  A person is qualified for an employment entry payment under this section if:

                     (a)  the person is in paid employment (other than sheltered employment); and

                              (i)  the employment is for at least 30 hours per week; or

                             (ii)  the person’s income from the employment exceeds the threshold amount; and

                     (b)  immediately before the person commenced the employment, the person was receiving a disability support pension; and

                     (c)  in the Secretary’s opinion the person’s employment is likely to continue for more than 4 weeks; and

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

Note 1:       the amount in subparagraph (a)(ii) is adjusted twice a year by legislative amendment.

     664C(2)  If the Secretary is satisfied that:

                     (a)  a person has entered an agreement under which the person is to be employed; and

                     (b)  on the start of that employment, the person would but for receiving a payment under this subsection, be qualified for a payment under subsection (1);

the following provisions have effect:

                     (c)  subject to paragraph (d), the person is qualified for an employment entry payment which is payable to the person at such time as the Secretary determines;

                     (d)  the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.

     664C(3)  The time determined under paragraph (2)(c) is not to be more than 28 days before the person is to commence the employment.

     664C(4)  In this section:

threshold amount means the maximum amount per fortnight that a person receiving newstart allowance can earn, derive or receive without the allowance ceasing to be payable, if the person:

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

                     (b)  is not receiving rent assistance; and

                     (c)  is not receiving remote area allowance; and

                     (d)  has turned 21 but has not turned 60; and

                     (e)  has no dependent children.

664D  Amount of section 664C payment

                   The amount of an employment entry payment under section 664C is $312.

664E  Widow B pension recipients

     664E(1)  A woman is qualified for an employment entry payment under this section if:

                     (a)  her income from employment rises (including the case where a woman commences employment); and

                     (b)  immediately before the rise in her income from employment, she was receiving a widow B pension; and

                     (c)  because of the rise in her income from employment, her income from employment exceeds the threshold amount; and

                     (d)  her income from employment is, in the Secretary’s opinion, likely to exceed the threshold amount for more than 4 weeks; and

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

     664E(2)  If the Secretary is satisfied that:

                     (a)  a woman has entered an agreement under which she is to be employed or her earnings are to be increased; and

                     (b)  on the start of that employment or increase in those earnings, the woman would, apart from receiving a payment under this subsection, be qualified for a payment under subsection (1);

the following provisions have effect:

                     (c)  subject to paragraph (d), the woman is qualified for an employment entry payment which is payable to her at such time as the Secretary determines;

                     (d)  the woman is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to her.

     664E(3)  The time determined under paragraph (2)(c) must not be more than 14 days before the woman is to commence the employment or her income from the employment is to rise.

     664E(4)  In this section:

threshold amount means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:

                     (a)  was not a member of a couple; and

                     (b)  was not receiving rent assistance; and

                     (c)  was not receiving remote area allowance; and

                     (d)  had turned 21 but had not turned 60.

664F  Amount of section 664E payment

                   The amount of an employment entry payment under section 664E is $104.

664G  Special benefit recipients

     664G(1)  A person is qualified for an employment entry payment under this section if:

                     (a)  the person would be qualified for a pension PP (single) apart from paragraphs 500(1)(b) and (d) (Australian residency requirements); and

                     (b)  the person’s income from employment rises (including the case where a person commences employment); and

                     (c)  immediately before the rise in the person’s income from employment, the person was receiving special benefit; and

                     (d)  because of the rise in the person’s income from employment, the person’s income from employment exceeds the threshold amount; and

                     (e)  the person’s income from employment is, in the Secretary’s opinion, likely to exceed the threshold amount for more than 4 weeks; and

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

     664G(2)  If the Secretary is satisfied that:

                     (a)  a person has entered an agreement under which the person is to be employed or the person’s earnings are to be increased; and

                     (b)  on the start of that employment or increase in those earnings, the person would, apart from receiving a payment under this subsection, be qualified for a payment under subsection (1);

the following provisions have effect:

                     (c)  subject to paragraph (d), the person is qualified for an employment entry payment which is payable to the person at such time as the Secretary determines;

                     (d)  the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.

     664G(3)  The time determined under paragraph (2)(c) must not be more than 14 days before the person is to commence the employment or the person’s income from the employment is to rise.

     664G(4)  In this section:

threshold amount means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:

                     (a)  was not a member of a couple; and

                     (b)  was not receiving rent assistance; and

                     (c)  was not receiving remote area allowance; and

                     (d)  had turned 21 but had not turned 60.

664H  Amount of section 664G payment

                   The amount of an employment entry payment under section 664G is $104.

664HA  Carer pension recipients

  664HA(1)  A person is qualified for an employment entry payment under this section if:

                     (a)  the person’s income from employment rises (including the case where a person commences employment); and

                     (b)  immediately before the rise in the person’s income from employment, the person was receiving a carer pension; and

                     (c)  because of the rise in the person’s income from employment, the person’s income from employment exceeds the threshold amount; and

                     (d)  the person’s income from employment is, in the Secretary’s opinion, likely to exceed the threshold amount for more than 4 weeks; and

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

  664HA(2)  If the Secretary is satisfied that:

                     (a)  a person has entered an agreement under which the person is to be employed or the person’s earnings are to be increased; and

                     (b)  on the start of that employment or increase in earnings, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);

the following provisions have effect:

                     (c)  subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at such time as the Secretary determines;

                     (d)  the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.

  664HA(3)  The time determined under paragraph (2)(c) must not be more than 14 days before the person is to commence the employment or the person’s income from the employment is to rise.

  664HA(4)  In this section:

threshold amount means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:

                     (a)  was not a member of a couple; and

                     (b)  was not receiving rent assistance; and

                     (c)  was not receiving remote area allowance; and

                     (d)  had turned 21 but had not turned 60; and

                     (e)  has no dependent children.

664HB  Amount of section 664HA payment

                   The amount of an employment entry payment under section 664HA is $104.

664I  Partner allowance recipients

      664I(1)  A person is qualified for an employment entry payment under this section if:

                     (a)  the person commences employment; and

                     (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 respect of a continuous period of at least 12 months see section 38B.

                     (c)  because of the income earned by the person from the employment, newstart allowance, youth training allowance or job search allowance ceases to be payable to the person’s partner; and

                     (d)  the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and

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

      664I(2)  If the Secretary is satisfied that:

                     (a)  a person has entered an agreement under which the person is to be employed; and

                     (b)  on the start of that employment, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);

the following provisions have effect:

                     (c)  subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at the time the Secretary determines;

                     (d)  the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) when the payment is payable to the person.

      664I(3)  The time determined under paragraph (2)(c) is not to be more than 14 days before the person is to commence the employment.

664J  Amount of section 664I payment

                   The amount of an employment entry payment under section 664I is $104.

665  Need for a claim

        665(1)  A person is not qualified for an employment entry payment under section 661, 664A, 664C, 664E, 664FA, 664G or 664HA unless the person makes a claim for payment.

        665(2)  A person is not qualified for an employment entry payment under section 661 or 664C if the claim for payment is made more than 28 days after the start of the employment in respect of which the claim is made.

     665(2A)  A person is not qualified for an employment entry payment under section 664FA if the claim for payment is made more than 28 days after the start of the employment in the supported wage system in respect of which the claim is made.

        665(3)  A person is not qualified for an employment entry payment under section 664A, 664E, 664G or 664HA if the claim for payment is made more than 28 days after the rise in income in respect of which the claim was made.

        665(4)  A person is not qualified for an employment entry payment under this Part if the person is qualified for a special employment advance under Part 2.22A and has made a claim under section 11 of the Administration Act in respect of the same employment.

665AA  Existence of working credit does not prevent payments under this Part

  665AA(1)  If:

                     (a)  a person is a working credit participant qualified for newstart allowance; and

                     (b)  either:

                              (i)  the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or

                             (ii)  there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and

                     (c)  the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;

then, for the purpose of determining the participant’s qualification for employment entry payment, the participant ceases to be qualified for newstart allowance at the time when the participant would have so ceased if the participant had not had a working credit balance greater than nil.

  665AA(2)  If:

                     (a)  a person is a working credit participant to whom widow allowance or a mature age allowance under Part 2.12B is payable; and

                     (b)  either:

                              (i)  the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or

                             (ii)  there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and

                     (c)  the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;

then, for the purpose of determining the participant’s qualification for employment entry payment, the allowance referred to in paragraph (a) ceases to be payable to the participant at the time when it would have so ceased if the participant had not had a working credit balance greater than nil.

  665AA(3)  If:

                     (a)  a person is a working credit participant to whom a partner allowance is payable; and

                     (b)  either:

                              (i)  the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or

                             (ii)  there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and

                     (c)  the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;

then, for the purpose of determining the participant’s qualification for employment entry payment, newstart allowance ceases to be payable to the participant’s partner at the time when it would have so ceased if the participant had not had a working credit balance greater than nil.


 

Part 2.13AEducation entry payment

Division 1Recipients of pension PP (single)

665A  Payment to recipient of pension PP (single)

                   A person is qualified for an education entry payment under this section if:

                     (a)  the person is receiving a pension PP (single); and

                     (b)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (c)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665B  Amount of section 665A payment

                   The amount of an education entry payment under section 665A is $208.

665C  Need for claim

                   A person is not qualified for an education entry payment under section 665A unless the person has made a claim for the payment.


 

Division 2Recipients of disability support pension or disability wage supplement

665E  Payment to a disability support pensioner

                   A person is qualified for an education entry payment under this section if:

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

                     (b)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (d)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665F  Amount of section 665E payment

                   The amount of an education entry payment under section 665E is $208.

665G  Need for claim

                   A person is not qualified for an education entry payment under section 665E unless the person has made a claim for the payment.


 

Division 3Widow B pension recipients

665I  Payment to a widow B pensioner

                   A woman is qualified for an education entry payment under this section if:

                     (a)  the woman is receiving a widow B pension; and

                     (b)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (d)  the woman has not received a payment under this Part for which she made a claim in the current calendar year.

665J  Amount of section 665I payment

                   The amount of an education entry payment under section 665I is $200.

665K  Need for claim

                   A person is not qualified for an education entry payment under section 665I unless the person has made a claim for the payment.


 

Division 4Special benefit recipients

665M  Payment to a special benefit recipient

                   A person is qualified for an education entry payment under this section if:

                     (a)  the person would be qualified for a pension PP (single) apart from paragraphs 500(1)(b) and (d) (Australian residency requirements); and

                     (b)  the person is receiving special benefit; and

                     (c)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (e)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665N  Amount of section 665M payment

                   The amount of an education entry payment under section 665M is $208.

665P  Need for claim

                   A person is not qualified for an education entry payment under section 665M unless the person has made a claim for the payment.


 

Division 6Newstart allowance recipients

665U  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 ABSTUDY scheme or an approved course of education or study for the purposes of paragraph 541B(1)(c) or 569A(b); 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; 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 because the person takes part in the course of education; or

                             (ii)  is not qualified for youth allowance as a full-time student, austudy payment or payments under the 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; and

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

     665U(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.

665V  Amount of section 665U payment

                   The amount of an education entry payment under section 665U is $208.

665W  Need for claim

                   A person is not qualified for an education entry payment under section 665U unless the person has made a claim for the payment.


 

Division 7Mature age allowance recipient

665Y  Payment to a mature age allowance recipient

                   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 course of education (whether full-time or part-time) that is an approved course under the ABSTUDY schemes; or

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

                     (b)  immediately before commencing the course of education, the person is receiving mature age allowance; and

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

665Z  Amount of section 665Y payment

                   The amount of an education entry payment under section 665Y is $208.

665ZA  Need for claim

                   A person is not qualified for an education entry payment under section 665Y unless the person has made a claim for the payment.


 

Division 8Widow allowance recipients

665ZC  Payment to a widow allowance recipient

                   A woman is qualified for an education entry payment under this section if:

                     (a)  either:

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

                             (ii)  she is enrolled in such a course; and

                     (b)  immediately before she commences the course of education, she:

                              (i)  is receiving widow allowance; and

                             (ii)  is a long-term social security recipient; and

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

Note 1:       For long-term social security recipient see subsection 23(1).

Note 2:       Transitional provisions apply to this section for 9 months after 1 January 1995 (see section 11 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).

665ZD  Amount of section 665ZC payment

                   The amount of an education entry payment under section 665ZC is $208.

665ZE  Need for claim

                   A person is not qualified for an education entry payment under section 665ZC unless the person has made a claim for the payment.


 

Division 8ACarer payment recipients

665ZFA  Payment to a carer payment recipient

                   A person is qualified for an education entry payment under this section if:

                     (a)  the person is receiving a carer payment; and

                     (b)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (d)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665ZFB  Amount of section 665ZFA payment

                   The amount of an education entry payment under section 665ZFA is $208.

665ZFC  Need for claim

                   A person is not qualified for an education entry payment under section 665ZC unless the person has made a claim for the payment.


 

Division 9Mature age partner allowance

665ZG  Payment to a mature age partner allowance recipient

                   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 or part-time course of education that is an approved course under the ABSTUDY scheme; or

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

                     (b)  immediately before the person commences the course of education, the person is receiving a mature age partner allowance; and

                     (c)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665ZH  Amount of section 665ZG payment

                   The amount of an education entry payment under section 665ZG is $208.

665ZJ  Need for claim

                   A person is not qualified for an education entry payment under section 665ZG unless the person has made a claim for the payment.


 

Division 10Wife pension recipients

665ZL  Payment to a wife pensioner

                   A woman is qualified for an education entry payment under this section if:

                     (a)  either:

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

                             (ii)  she is enrolled in such a course; and

                     (b)  immediately before she commences the course of education, she is receiving a wife pension; and

                     (c)  she has not received a payment under this Part for which she made a claim in the current calendar year.

665ZM  Amount of section 665ZL payment

                   The amount of an education entry payment under section 665ZL is $200.

665ZN  Need for claim

                   A person is not qualified for an education entry payment under section 665ZL unless the person has made a claim for the payment.


 

Division 11Partner allowance recipients

665ZQ  Payment to a partner allowance recipient

                   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 ABSTUDY scheme; or

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

                     (b)  immediately before the person commences the course of education, the person:

                              (i)  is receiving partner allowance; and

                             (ii)  is a long-term social security recipient; and

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

Note 1:       For long-term social security recipient see subsection 23(1).

Note 2:       Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).

665ZR  Amount of section 665ZQ payment

                   The amount of an education entry payment under section 665ZQ is $208.

665ZS  Need for claim

                   A person is not qualified for an education entry payment under section 665ZQ unless the person has made a claim for the payment.


 

Division 12Recipients of PP (partnered)

665ZU  Payment to recipient of PP (partnered)

                   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 or part-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 the person commences the course of education, the person:

                              (i)  is receiving benefit PP (partnered); and

                             (ii)  is a long-term social security recipient; and

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

Note 1:       For long-term social security recipient see subsection 23(1).

Note 2:       For benefit PP (partnered) see section 18.

Note 3:       Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).

665ZV  Amount of section 665ZU payment

                   The amount of an education entry payment under section 665ZU is $208.

665ZW  Need for claim

                   A person is not qualified for an education entry payment under section 665ZU unless the person has made a claim for the payment.


 

Division 13Protection of education entry payment

665ZY  Education entry payment to be absolutely inalienable

   665ZY(1)  Subject to subsections (2) and (3) and section 1359, an education entry payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

   665ZY(2)  The Secretary may make a deduction from an education entry payment payable to a person if the person asks the Secretary:

                     (a)  to make the deduction; and

                     (b)  to pay the amount to be deducted to the Commissioner of Taxation.

   665ZY(3)  The Secretary may make a deduction from a person’s education entry payment if the person consents under section 1234A to the Secretary making that deduction.

Note:          Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.

665ZZ  Effect of garnishee or attachment order

   665ZZ(1)  If:

                     (a)  a person has an account with a financial institution; and

                     (b)  a court order in the nature of a garnishee order comes into force in respect of the account; and

                     (c)  an education entry payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4-week period immediately before the court order came into force;

the court order does not apply to the saved amount (if any) in the account.

   665ZZ(2)  The saved amount is worked out as follows:

Method statement

Step 1.   Work out the amount of education entry payment
paid to the credit of the account as mentioned in paragraph (1)(c).

Step 2.   Subtract from that amount the total amount withdrawn from the account during the 4-week period referred to in paragraph (1)(c): the result is the saved amount.

   665ZZ(3)  This section applies to an account whether it is maintained by a person:

                     (a)  alone; or

                     (b)  jointly with another person; or

                     (c)  in common with another person.

Note:          A person affected by a garnishee order may have other saved amounts.


 

Part 2.14Sickness allowance

Division 1Qualification for and payability of sickness allowance

Subdivision ABasic qualification

666  Qualification for sickness allowance

        666(1)  A person is qualified for sickness allowance in respect of a period if:

                     (a)  the person is incapacitated for work or study throughout the period because of sickness or an accident; and

                     (b)  the incapacity is caused wholly or virtually wholly by a medical condition arising from the sickness or accident; and

                     (c)  the incapacity is, or is likely to be, of a temporary nature; and

                    (ca)  one of the following applies:

                              (i)  immediately before the incapacity occurred the person was in employment (whether the person was self-employed, or was employed by another person, on a full-time, part-time, casual or temporary basis) and the Secretary is satisfied that, when the incapacity ends, the employment will be again available to the person (whether or not the same kind of work will be available);

                             (ii)  immediately before the incapacity occurred the person was in full-time education and was receiving payments under the ABSTUDY scheme and the Secretary is satisfied that the person is committed to resuming full-time study under that scheme when the incapacity ends;

                            (iii)  immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends; and

                     (e)  before the period begins the person has turned 21; and

                      (f)  before the period ends the person has not turned, or is not likely to turn, pension age; and

                     (g)  throughout the period, the person:

                              (i)  is an Australian resident; or

                             (ii)  is exempt from the residence requirement within the meaning of subsection 7(7).

Note 1:       see section 677 for the circumstances in which sickness allowance is not payable to a person even though the person is qualified for the allowance.

Note 3:       for pension age see section 23.

        666(2)  In this section:

work, in relation to a person, means work that the person has contracted to perform under a contract of employment that:

                     (a)  the person had immediately before the person becomes incapacitated; and

                     (b)  continues after the person becomes incapacitated.

Person not qualified in certain circumstances

        666(9)  A person is not qualified for sickness allowance in respect of an incapacity if the Secretary is satisfied that the incapacity is brought about with a view to obtaining youth allowance, austudy payment, newstart allowance, youth training allowance, sickness allowance or disability support pension.

667  Person undertaking rehabilitation program may qualify for sickness allowance

        667(3)  A person is qualified for sickness allowance in respect of a period (in this subsection called the rehabilitation period) if:

                     (a)  immediately before the rehabilitation period began the person was receiving sickness allowance in respect of a period; and

                     (b)  the person is undertaking a rehabilitation program during the rehabilitation period; and

                     (c)  the program is intended to enhance the person’s ability to work; and

                    (ca)  the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and

                     (d)  the person’s participation in the program is, or is likely to, end within the period of 208 weeks after the allowance commenced to be payable to the person; and

                     (e)  subsection (4) or (4A) applies to the person.

        667(4)  This subsection applies to a person during a period if:

                     (a)  before the period begins the person has turned 21; and

                     (b)  before the period ends the person has not turned, or is not likely to turn, pension age; and

                     (c)  a person is an Australian resident throughout the period.

Note:          for pension age see section 23.

Person not qualified in certain circumstances

        667(5)  A person is not qualified for sickness allowance in respect of an incapacity if the Secretary is satisfied that the incapacity is brought about with a view to obtaining youth allowance, austudy payment, job search allowance, newstart allowance, youth training allowance, sickness allowance or disability support pension.

669  Time limit on qualification for sickness allowance

        669(1)  A person who is receiving sickness allowance ceases to be qualified for sickness allowance 14 days after the person’s maximum allowance period ends.

        669(2)  The maximum allowance period for a person is the period specified in the determination granting the person’s claim for sickness allowance as the maximum period for which the sickness allowance is payable to the person.

        669(3)  The period specified in the determination is not to be more than:

                     (a)  if the person’s claim for sickness allowance is supported by a medical certificate:

                              (i)  the period specified in the medical certificate as the period for which the person is incapacitated for work; or

                             (ii)  the period of 13 weeks;

                            whichever is the lesser; or

                     (b)  if the claim is not supported by a medical certificate because of the person’s participation in a rehabilitation program—the period of the person’s participation in the program; or

                     (c)  in any other case—the period of 4 weeks.

        669(4)  For the purposes of subsection (3), the person’s maximum allowance period commences on the first day the allowance becomes payable to the person.

Note:          for the day on which sickness allowance becomes payable to a person see section 41 of the Administration Act.

Secretary may extend maximum allowance period

        669(5)  If:

                     (a)  a person is receiving sickness allowance; and

                     (b)  the person gives the Secretary a certificate of a medical practitioner containing the matters listed in subsection 704(1) and in accordance with the form approved under subsection 704(2); and

                     (c)  the Secretary is satisfied that the person’s incapacity for work will continue after the end of the person’s maximum allowance period;

the Secretary may extend the maximum allowance period by a period of not more than 13 weeks.

     669(5A)  If:

                     (a)  a person was receiving sickness allowance; and

                     (b)  within 14 days after the end of the person’s maximum allowance period the person gives the Secretary a certificate of a medical practitioner containing the matters listed in subsection 704(1) and in accordance with the form approved under subsection 704(2); and

                     (c)  the Secretary is satisfied that the person’s incapacity for work has continued after the end of the person’s maximum allowance period and that the incapacity will continue;

the Secretary may extend the maximum exemption period by a period of not more than 13 weeks from the end of the previous maximum exemption period.

        669(6)  If:

                     (a)  a person is receiving sickness allowance; and

                     (b)  the person gives the Secretary written evidence (other than a certificate referred to in paragraph (5)(b)) that the person’s incapacity for work will continue after the end of the person’s maximum allowance period; and

                     (c)  the Secretary is satisfied that:

                              (i)  the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (5)(b) before the person’s maximum allowance period ends; and

                             (ii)  the person’s incapacity for work will continue after the end of the person’s maximum allowance period;

the Secretary may extend the maximum allowance period by a period of not more than 4 weeks.

     669(6A)  If:

                     (a)  a person was receiving sickness allowance; and

                     (b)  within 14 days after the end of the person’s maximum allowance period the person gives the Secretary written evidence (other than a certificate referred to in paragraph (5A)(b)) that the person’s incapacity for work will continue after the end of the person’s maximum allowance period; and

                     (c)  the Secretary is satisfied that:

                              (i)  the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (5A)(b); and

                             (ii)  the person’s incapacity for work has continued after the end of the person’s maximum allowance period and that the incapacity will continue;

the Secretary may extend the maximum allowance period by a period of not more than 4 weeks from the end of the previous maximum allowance period.

        669(7)  If:

                     (a)  a person is receiving sickness allowance; and

                     (b)  the person gives the Secretary a certificate referred to in paragraph (5)(b) before the end of the person’s maximum allowance period; and

                     (c)  before the end of the person’s maximum allowance period, the Secretary does not satisfy himself or herself that the person’s incapacity for work will continue after the end of that period; and

                     (d)  the sole or dominant cause of the Secretary failing to satisfy himself or herself is an act or omission of an officer of the Department;

the Secretary may extend the person’s maximum allowance period by a period of not more than 4 weeks.

Note:          if the person’s maximum allowance period is extended under this subsection, the Secretary may further extend the person’s maximum allowance period under subsection (5).

676  Liquid assets test waiting period

        676(1)  Subject to subsections (2), (6) and (7), if the value of a person’s liquid assets exceeds the person’s maximum reserve on:

                     (a)  the day on which the person becomes incapacitated for work or study; or

                     (b)  the day on which the person claims sickness allowance;

the person is not qualified for sickness allowance for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period.

Note 1:       for liquid assets see section 14A.

Note 2:       for maximum reserve see section 14A.

Note 4:       for serving the liquid assets test waiting period see subsection 23(10A).

        676(2)  Subsection (1) does not apply to a person if:

                     (a)  the person is a transferee to sickness allowance; or

                     (b)  the person has been in receipt of sickness allowance in respect of any period during the 4 weeks immediately before the person’s current claim for sickness allowance is made.

        676(3)  The liquid assets test waiting period in relation to the claim is to be worked out under subsections (3A), (3B) and (3C).

     676(3A)  Work out the number of formula weeks (disregarding any fractions of a week) in relation to the claim using the formula:

where:

liquid assets means the person’s liquid assets.

maximum reserve amount means the maximum reserve in relation to the person under subsection 14(1).

divisor means, in relation to a person:

                     (a)  if the person is not a member of a couple and does not have a dependent child—$500; or

                     (b)  otherwise—$1,000.

     676(3B)  If the number of formula weeks is equal to or greater than 13 weeks, the liquid assets test waiting period in relation to the claim is 13 weeks.

     676(3C)  If subsection (3B) does not apply, the liquid assets test waiting period in relation to the claim is the number of weeks equal to the number of formula weeks.

        676(4)  Subject to subsection (5), if the person is not a member of a couple, the liquid assets test waiting period in relation to the claim starts on the day on which the person became incapacitated for work or study.

     676(4A)  Subject to subsection (5), if the person is a member of a couple, the liquid assets test waiting period in relation to the claim starts on the last occurring of the following days:

                     (a)  the day on which the person became incapacitated for work or study;

                     (b)  if, when the claim is made, the person’s partner is unemployed—the day on which the person’s partner became unemployed;

                     (c)  if, when the claim is made, the person’s partner is incapacitated for work or study—the day on which the person’s partner became incapacitated for work or study.

        676(5)  If:

                     (a)  a person becomes qualified for austudy payment; and

                     (b)  because of paragraph 572(c), austudy payment is not payable to the person while the person is subject to a liquid assets test waiting period (see section 575A); and

                     (c)  within the liquid assets test waiting period referred to in paragraph (b):

                              (i)  the person becomes incapacitated for study; and

                             (ii)  the person claims sickness allowance;

the liquid assets test waiting period in relation to the claim for sickness allowance starts on the day on which the person becomes qualified for austudy payment.

        676(6)  Subsection (1) does not apply to a person if, at any time during the 12 months preceding:

                     (a)  the day on which the person becomes incapacitated for work; or

                     (b)  the day on which the person claims sickness allowance;

the person or their partner was serving a liquid assets test waiting period that started during that 12 months.

        676(7)  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).

Subdivision BSituations where allowance not payable (general)

677  Sickness allowance not payable if allowance rate nil

        677(1)  Subject to subsection (2), sickness allowance is not payable to a person if the person’s sickness allowance rate would be nil.

        677(2)  Subsection (1) does not apply to a person if the person’s sickness allowance rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  the social security law; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

680  Assets test—allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]

        680(1)  A sickness allowance is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.

        680(3)  A person’s assets value limit is worked out using the following Table: work out which family situation applies to the person; the assets value limit is the corresponding amount in column 3.

 

Assets value limit table

Column 1

Column 2

Column 3

Assets value limit

Item

Person’s family situation

Column 3A

Either person or partner homeowner

Column 3B

Neither person nor partner homeowner

1.

Not member of a couple

$110,750

$190,250

2.

Partnered (partner getting neither pension nor benefit)

$157,500

$237,000

3.

Partnered (partner getting pension or benefit)

$78,750

$118,500

Note 1:       for member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.

Note 2:       for homeowner see section 11.

Note 3:       if item 2 applies to a person, the value of all the assets of the person’s partner is to be taken as being included in the value of the person’s assets (see subsection 680(1)—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 680(2)).

Note 4:       if a sickness allowance is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (sections 1131 and 1132).

Note 5:       the assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).

Note 6:       the assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).

Note 7:       the item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).

681  Value of assets of members of couples

        681(1)  If:

                     (a)  the person is a member of a couple; and

                     (b)  the person’s partner:

                              (i)  is not in receipt of a social security or service pension or income support supplement; and

                             (ii)  is not in receipt of a social security allowance;

the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.

        681(2)  If:

                     (a)  the person is a member of a couple; and

                     (b)  the person’s partner is in receipt of:

                              (i)  a social security or service pension or income support supplement; or

                             (ii)  a social security allowance;

the value of:

                     (c)  the person’s assets is taken to be 50% of the sum of the value of the person’s assets and the value of the partner’s assets; and

                     (d)  the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of assets of that kind of the person’s partner.

685  Full-time students

        685(1)  Subject to subsection (2), sickness allowance is not payable to a person who is enrolled in a full-time course of education or of vocational training for the period that:

                     (a)  starts when the person starts the course; and

                     (b)  finishes when the person:

                              (i)  completes the course; or

                             (ii)  abandons the course; or

                            (iii)  gives notice to the provider of the course that the person:

                                        (A)  wishes to withdraw from the course; or

                                        (B)  wishes to withdraw from such number of subjects that the person’s course will no longer be a full-time course; and

                     (c)  includes periods of vacation.

        685(2)  Subsection (1) does not prevent a sickness allowance from being payable for any period during which:

                     (a)  a person is enrolled in a full-time course of education that is part of a rehabilitation program that the Secretary has required the person to undertake under section 697; or

                     (b)  the person has deferred a course of education.

686  Multiple entitlement exclusion

        686(1)  Sickness allowance is not payable to a person if the person is already receiving a service pension, income support supplement, a job search allowance or a newstart allowance.

        686(2)  If:

                     (a)  a person is receiving sickness allowance; and

                     (b)  a social security pension, another social security benefit, service pension or income support supplement becomes payable to the person;

the sickness allowance is not payable to the person.

Note 1:       another payment type will generally not become payable to the person until the person claims it.

Note 2:       For social security benefit see subsection 23(1).

        686(3)  Sickness allowance is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;

unless:

                     (c)  the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and

                     (d)  before 1 November 1986 the woman was also receiving a social security benefit.

Note:          for armed services widow see subsection 4(1).

        686(4)  Sickness allowance is not payable to a man if the man is a widower who is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

     686(4A)  Sickness allowance is not payable to a person if:

                     (a)  the person is an armed services widow or an armed services widower; and

                     (b)  the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.

Note 1:       For armed services widow and armed services widower see subsection 4(1).

Note 2:       For MRCA see subsection 23(1).

        686(5)  Sickness allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:

                     (a)  a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or

                     (b)  the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or

                     (c)  the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or

                     (d)  the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students.

Note:          for prescribed educational scheme see section 5.

        686(6)  If:

                     (a)  a person starts a full-time course of education; and

                     (b)  a payment under a scheme referred to in subsection (5) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (5), sickness allowance is payable to the person for a period before the person starts the course.

        686(7)  Sickness allowance is not payable to a person in respect of a period if the person is a CDEP Scheme participant in respect of the whole or any part of the period.

Subdivision CSituations where allowance not payable (waiting periods)

693  Ordinary waiting period

                   A person is subject to an ordinary waiting period unless:

                     (a)  at some time in the 13 weeks immediately before the person’s start day, the person received an income support payment; or

Note:       For income support payment see subsection 23(1).

                     (e)  the following conditions apply:

                              (i)  the person is a member of a couple;

                             (ii)  the person’s partner dies;

                            (iii)  immediately before the partner’s death, the person was receiving a partner allowance;

                            (iv)  within the period of 4 weeks that starts on the day after the day on which the partner dies, the person claims a sickness allowance; or

                      (f)  the Secretary is satisfied that the person is in severe financial hardship.

Note 2:       For social security benefit see subsection 23(1).

Note 3:       For social security pension see subsection 23(1).

Note 4:       For service pension see subsection 23(1).

Note 5:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).

694  Duration of ordinary waiting period

        694(1)  If a person:

                     (a)  is subject to an ordinary waiting period; and

                     (c)  is not disqualified for sickness allowance under section 676 (liquid assets test);

the ordinary waiting period is the period of 7 days that starts on the person’s start day.

Note 3:       If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the ordinary waiting period.

        694(3)  If a person:

                     (a)  is subject to an ordinary waiting period; and

                     (c)  is disqualified for sickness allowance under section 676 (liquid assets test);

the ordinary waiting period is the period of 7 days that starts on the day after the end of the period referred to in subsection 676(3).

        694(6)  If:

                     (a)  after the commencement of this subsection, a person becomes unemployed and claims newstart allowance; and

                     (b)  because of sections 620 and 621 (ordinary waiting period), newstart allowance is not payable to the person for a period starting on the day (the applicable day) applicable to the person under subparagraph (i) or (ii), as the case may be:

                              (i)  if the person is not disqualified for newstart allowance under section 598 (liquid assets test)—the person’s newstart allowance start day; or

                             (ii)  if the person is disqualified for newstart allowance under section 598 (liquid assets test)—the day after the day on which the person’s newstart allowance liquid assets waiting period ends; and

                     (c)  during that period the person becomes temporarily incapacitated for work and claims 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.

696B  Newly arrived resident’s waiting period

     696B(1)  Subject to this section, a person who:

                     (a)  has entered Australia on or after 1 January 1993; and

                     (b)  has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

is subject to a newly arrived resident’s waiting period.

     696B(2)  Subsection (1) does not apply to a person who has a qualifying residence exemption for a sickness allowance.

Note:          For qualifying residence exemption see subsection 7(6).

     696B(3)  Subsection (1) does not apply to a person:

                     (a)  if, immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or

                     (b)  if:

                              (i)  immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period (permit period) of less than 26 weeks; and

                             (ii)  that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

                            (iii)  the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.

Note:          For designated temporary entry permit see subsection 7(1).

     696B(5)  Subsection (1) does not apply to a person if:

                     (a)  the person is already subject to a newly arrived resident’s waiting period; or

                     (b)  the person has already served a newly arrived resident’s waiting period; or

                     (c)  the person:

                              (i)  has previously entered Australia before 1 January 1993; and

                             (ii)  held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

     696B(6)  Subsection (1) does not apply to a person if:

                     (a)  the person is a New Zealand citizen; and

                     (b)  the person was an Australian resident on 1 February 2000.

696C  Duration of newly arrived resident’s waiting period

     696C(1)  If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.

     696C(2)  If:

                     (a)  immediately before this section commenced, the person held a valid designated temporary entry permit; and

                     (b)  that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

                     (c)  that temporary visa was in force immediately before the person was granted his or her permanent visa;

the newly arrived resident’s waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.

Note:          For designated temporary entry permit see subsection 7(1).

     696C(3)  If subsection (2) does not apply, the newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note:          This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.


 

Division 4Rate of sickness allowance

709  How to work out a person’s sickness allowance rate

                   A person’s sickness allowance rate is to be worked out using Benefit Rate Calculator B at the end of section 1068.


 

Division 9Bereavement payments

Subdivision AADeath of partner

728PA  Qualification for payments under this Subdivision

   728PA(1)  If:

                     (a)  a person is receiving a sickness allowance; and

                     (b)  the person is a long-term social security recipient; and

                     (c)  the person is a member of a couple; and

                     (d)  the person’s partner dies; and

                     (e)  immediately before the partner died, the partner:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a service pension or income support supplement; or

                            (iii)  was a long-term social security recipient; and

                      (f)  on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 728PD (person’s continued rate) on that payday; and

                             (ii)  the amount (if any) that would otherwise be payable to the person, under section 728PB (continued payment of partner’s pension or allowance) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       section 728PB provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2:       section 728PC provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

Note 3:       for long-term social security recipient see subsection 23(1).

   728PA(2)  A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

   728PA(3)  An election under subsection (2):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the person has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

   728PA(4)  If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which sickness allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 728PD.

728PB  Continued payment of partner’s pension or benefit

                   If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.

728PC  Lump sum payable in some circumstances

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Add up:

               (a)     the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and

               (b)     the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;

              the result is called the combined rate.

Step 2.   Work out the amount that, but for section 728PD, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 3.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 4.   Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 5.   Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.

728PD  Adjustment of a person’s sickness allowance rate

                   If:

                     (a)  a person is qualified for payments under this Subdivision; and

                     (b)  the person does not elect under subsection 728PA(2) not to receive payments under this Subdivision;

the rate of the person’s sickness allowance during the bereavement period is worked out as follows:

                     (c)  during the bereavement rate continuation period, the rate of sickness allowance payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died;

                     (d)  during the bereavement lump sum period (if any), the rate at which sickness allowance is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.

728PE  Effect of death of person entitled to payments under this Subdivision

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the person dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the person’s partner before the person dies;

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Add up:

               (a)     the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and

               (b)     the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died;

              the result is called the combined rate.

Step 2.   Work out the amount that, but for section 728PD, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 3.   Take the person’s individual rate away from the combined pensioner couple rate: the result is called the partner’s instalment component.

Step 4.   Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 5.   Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

728PF  Matters affecting payments under this Subdivision

   728PF(1)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the person has not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

                     (e)  the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

   728PF(2)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.


 

Part 2.15Special benefit

Division 1Qualification for and payability of special benefit

Subdivision AQualification

729  Qualification for special benefit

        729(1)  A person is qualified for a special benefit for a period if the Secretary determines, in accordance with subsection (2), that a special benefit should be granted to the person for the period.

Note:          special benefit is a discretionary benefit and is available only to a person who is not able to get any other income support payment (see paragraphs (2)(a) and (b) below).

        729(2)  The Secretary may, in his or her discretion, determine that a special benefit should be granted to a person for a period if:

                     (a)  no social security pension is payable to the person during the period; and

                     (b)  no other social security benefit is payable to the person for the period; and

                    (bb)  the person is not disqualified for a benefit PP (partnered) for the period solely because of the operation of section 500C (unemployment due to industrial action); and

                    (bc)  the person is not disqualified from parenting payment for the period solely because of a failure to meet the requirement of paragraph 500(1)(c) (requirement to enter into a participation agreement); and

                    (bd)  if the person is qualified for parenting payment but the payment is not payable to the person for the period—that result is not produced because of the operation of section 500ZA (person failing to comply with a participation agreement); and

                     (c)  the person is not disqualified for a newstart allowance for the period because of the operation of section 596; 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 because of the operation of one or more of the following:

                              (i)  section 625 (person failing to enter into a Newstart Activity Agreement);

                            (ia)  section 626 (person failing to comply with a Newstart Activity Agreement);

                             (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);

                           (va)  section 630AA (failing to provide information);

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

                           (viii)  section 633 (seasonal workers);

                            (ix)  section 634 (move to area of lower employment prospects); and

                    (da)  the person is not disqualified for a youth allowance for the period because of the operation of:

                              (i)  section 541A (failure to satisfy the activity test); or

                             (ii)  section 544 (requirements relating to Youth Allowance Activity Agreements); and

                    (db)  the person is not disqualified for an austudy payment for the period because the person fails to satisfy the activity test within the meaning of section 569; and

                    (dc)  youth allowance is not payable to the person for the period and that result is not because of the operation of:

                              (i)  section 550 (application of activity test non-payment period); or

                             (ii)  section 553B (move to an area of lower employment prospects); or

                            (iii)  section 81 of the Administration Act; and

                    (dd)  austudy payment is not payable to the person for the period and that result is not because of the operation of:

                              (i)  section 576 (application of activity test non-payment period); or

                             (ii)  section 81 of the Administration Act; and

                     (e)  the Secretary is satisfied that the person is unable to earn a sufficient livelihood for the person and the person’s dependants (if any) because of age, physical or mental disability or domestic circumstances or for any other reason; and

                      (f)  the person:

                              (i)  is an Australian resident; or

                             (v)  is the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph; and

                     (g)  if the person is:

                              (i)  the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which this subparagraph applies; and

                             (ii)  a person to whom subsection (2A) applies;

                            the person meets the additional criteria set out in paragraph (2B).

Note 1:       for Australian resident see subsection 7(2).

     729(2A)  For the purposes of paragraph (2)(g), the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph (2)(g)(i) applies is a person to whom that first-mentioned paragraph applies only if:

                     (a)  the person would not qualify for disability support pension under section 94 or 95 if the person were an Australian resident; and

                     (b)  the person has attained the minimum age for youth allowance as determined in accordance with subsection 543A(1) but has not attained pension age; and

                     (c)  the person:

                              (i)  claims, or has claimed, special benefit on or after 1 January 2003 that is not continuous with any previous grant of special benefit; or

                             (ii)  if the person had not attained the minimum age for youth allowance as defined by subsection 543A(1) before 1 January 2003—is receiving special benefit granted before, or continuous with special benefit granted before, that date.

     729(2B)  A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f):

                     (a)  throughout the period, and for each period within the period, the person either:

                              (i)  satisfies the activity test set out in section 731A; or

                             (ii)  is not required to satisfy the activity test; and

                     (b)  at all times (if any) during the period when the person is not a party to a Special Benefit Activity Agreement, the person is prepared to enter into such an agreement; and

                     (c)  at all times during the period when the person is a party to a Special Benefit Activity Agreement, the person is prepared to enter into another such agreement instead of the existing agreement; and

                     (d)  if the person is required by the Secretary to enter into a Special Benefit Activity Agreement in relation to the period or a part of the period, the person enters into that agreement; and

                     (e)  while a Special Benefit Activity Agreement is in force, the person satisfies the Secretary that the person is taking reasonable steps to comply with the terms of the agreement.

     729(2C)  For the purposes of paragraph (2B)(e), a person is taking reasonable steps to comply with the terms of a Special Benefit Activity Agreement unless the person has failed to comply with the terms of the agreement and:

                     (a)  the main reason for failing to comply involved a matter that was within the person’s control; or

                     (b)  the circumstances that prevented the person from complying were reasonably foreseeable by the person.

  729(2CA)  The Secretary must not determine that a person has failed to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement unless the Secretary:

                     (a)  is satisfied that the terms of the agreement were intended to assist the person over time in gaining employment or undertaking study or training; and

                     (b)  has made reasonable attempts to contact the person in relation to the requirement to comply with the terms of the agreement (and has documented each attempt to contact); and

                     (c)  if contact was able to be made, has had regard to the reasons, if any, provided by the person for not complying with the terms of the agreement; and

                     (d)  has confirmed the adequacy of the support that the Secretary agreed to provide under the agreement.

     729(2D)  For the avoidance of doubt, if, at any time during the period for which special benefit is granted to a person, the person’s circumstances change such that, if the person were to be making a claim for special benefit on the basis of the changed circumstances, the person would not be qualified for special benefit, special benefit ceases to be payable.

        729(3)  The Secretary is not to determine that a special benefit should be granted to a person for a period if the Secretary is satisfied that the benefit is not payable to the person for that period.

        729(4)  For the purposes of paragraph (2)(d), a newstart allowance is to be taken to be not payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.

     729(4A)  For the purposes of paragraph (2)(dc) a youth allowance is taken to be not payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.

     729(4B)  For the purposes of paragraph (2)(dd), an austudy payment is taken not to be payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the payment for the period and the payment is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the payment for the period, the payment would not be payable to the person because of the operation of the provision.

        729(6)  If:

                     (a)  a person was receiving a social security pension, a service pension or income support supplement; and

                     (b)  the person claims a special benefit within 14 days of the day on which the last instalment of the person’s pension was paid; and

                     (c)  the person becomes qualified for a special benefit at some time during the 14 day period but after the first day of that period;

the person is taken to be qualified for a special benefit for the whole of the 14 day period.

Note:          subsection (6) operates when a person transfers from a pension to a special benefit and the person is not qualified for a special benefit immediately after the day on which the person’s last instalment of pension is paid. The subsection deems the person to be so qualified. As a result, the person may be paid a special benefit for the period beginning on the day after the day on which the person’s last instalment of pension was paid. The subsection aims to ensure that there is minimal disruption to a person’s payments when a person transfers from a pension to a special benefit.

729A  Time limit on qualification for certain recipients of special benefit

     729A(1)  This section applies to a person who is receiving special benefit if:

                     (a)  the person’s maximum benefit period is 13 weeks or less; and

                     (b)  the Secretary determines that this section should apply to the person.

     729A(2)  The maximum benefit period for a person is the period specified in the determination granting the person’s claim for special benefit as the maximum period for which the special benefit is payable to the person.

     729A(3)  If:

                     (a)  the section applies to a person; and

                     (b)  the Secretary is satisfied that the person’s qualification for special benefit will continue after the end of the person’s maximum benefit period; and

                     (c)  the Secretary determines that this subsection should apply to the person;

the Secretary may determine that special benefit should be granted to the person for a period of not more than 13 weeks.

     729A(4)  Subject to section 729B, if:

                     (a)  the Secretary has determined that special benefit should be granted to the person for a period of not more than 13 weeks under subsection (3) or this subsection; and

                     (b)  the Secretary is satisfied that the person’s qualification for special benefit will continue after the end of that period; and

                     (c)  the Secretary determines that this subsection should apply to the person;

the Secretary may determine that special benefit should be granted to the person for a further period of not more than 13 weeks.

729AA  Effect of industrial action on qualification conditions of certain claimants for special benefit

  729AA(1)  A person who:

                     (a)  has claimed special benefit; and

                     (b)  is:

                              (i)  the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and

                             (ii)  a person to whom subsection 729(2A) applies;

is not, for the purposes of paragraph 729(2)(e), taken to be unable to earn a sufficient livelihood for the person and the person’s dependants (if any) if:

                     (c)  that inability arises because the person has ceased to be employed, or to be employed at a particular level of income; and

                     (d)  that cessation is attributable to the person’s being, or having been, engaged in industrial action, or in a series of industrial actions.

  729AA(2)  Subsection (1) does not apply in relation to a person if the Secretary is satisfied that:

                     (a)  the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

                     (b)  the people or some of the people were members of a trade union that was involved in the industrial action; and

                     (c)  the person was not a member of the trade union during the period of the industrial action.

  729AA(3)  Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for special benefit in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

  729AA(4)  If the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:

                     (a)  a State industrial authority within the meaning of section 4 of the Workplace Relations Act; or

                     (b)  the Australian Industrial Relations Commission; or

                     (c)  the Federal Court; or

                     (d)  the Federal Magistrates Court;

a person is not qualified for special benefit in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.

729B  Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks

     729B(1)  A person to whom subsection 729A(4) applies ceases to be qualified for special benefit if the person has received special benefit in respect of the immediately preceding period of 52 weeks.

     729B(2)  The Secretary may make a written determination that subsection (1) does not apply to a person if the Secretary is satisfied:

                     (a)  that the person’s qualification for special benefit will end during the next 13 weeks; or

                     (b)  that the person’s qualification for special benefit will continue after the end of the period of 65 weeks commencing on the person’s start day.

729C  Consequence of subsection 729B(2) determination

     729C(1)  If the Secretary:

                     (a)  is satisfied of the matter mentioned in paragraph 729B(2)(a); and

                     (b)  makes a determination under subsection 729B(2) in relation to a person;

then the person ceases to be qualified for special benefit if:

                     (c)  the person has received special benefit in respect of the immediately preceding 65 weeks; and

                     (d)  the Secretary is satisfied that this subsection should apply to the person.

     729C(2)  If the Secretary:

                     (a)  is satisfied of the matter mentioned in paragraph 729B(2)(b); and

                     (b)  makes a determination under subsection 729B(2) in relation to a person;

the Secretary may determine that special benefit should be granted to the person for a period.

730  Determination of period

                   The period determined by the Secretary under subsection 729(2) is not to begin before the person’s start day.

Subdivision AAActivity test for certain nominated visa holders

731  Application of Subdivision

                   This Subdivision applies to a person who is:

                     (a)  the holder of a visa that is included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and

                     (b)  a person to whom subsection 729(2A) applies.

731A  Activity test

     731A(1)  Subject to subsection (2), a person to whom this Subdivision applies satisfies the activity test in respect of a period, whether it is the period of the grant of special benefit or a period within that period, if the person satisfies the Secretary that, throughout the period, the person is:

                     (a)  actively seeking; and

                     (b)  willing to undertake;

paid work in Australia other than unsuitable paid work within the meaning of section 731B.

     731A(2)  The Secretary may notify a person to whom this Subdivision applies (other than a person who is not required to satisfy the activity test) who is receiving special benefit that the person must take reasonable steps to apply for a particular number of advertised job vacancies in the period specified in the notice.

     731A(3)  If the person refuses or fails to comply with a notice issued under subsection (2), the person fails to satisfy the activity test in respect of the period specified in the notice.

     731A(4)  The person must give the Secretary a written statement from each employer whose job vacancy the person applied for that confirms that the person applied for that job vacancy.

     731A(5)  The statement from the employer must be in a form approved by the Secretary.

     731A(6)  Subsection (4) does not apply to the person if the Secretary is satisfied that there are special circumstances in which it is not reasonable to expect the person to give the statement referred to in that subsection.

     731A(7)  A person to whom this Subdivision applies also satisfies the activity test in respect of a period, whether it is the period of the grant of special benefit or a period within that period, if:

                     (a)  the Secretary is of the opinion that, throughout the period, the person:

                              (i)  should undertake particular paid work other than unsuitable paid work within the meaning of section 731B; or

                             (ii)  should participate in an approved program of work for income support payment; or

                            (iii)  should undertake a course of vocational or language training or another course, being a course approved by the Secretary as a course likely to improve the person’s prospects for obtaining, or assist the person in seeking, suitable paid work; or

                            (iv)  if the person lives in an area where there is no locally accessible labour market and no locally accessible vocational training course—should participate in an activity suggested by the person and approved by the Secretary; and

                     (b)  the Secretary notifies the person that the person is required to act in accordance with the opinion; and

                     (c)  the person takes reasonable steps to comply, throughout the period, with the Secretary’s requirement.

     731A(8)  For the purposes of paragraph (7)(b), the Secretary must not notify the person that the person is required to participate in an approved program of work for income support payment if:

                     (a)  the person has not turned 18; or

                     (b)  the person or the person’s partner has income; or

                     (c)  in the Secretary’s opinion:

                              (i)  it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

                             (ii)  performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or

                     (d)  the person is at least 50 years of age.

     731A(9)  If, after the Secretary has notified the person that the person is required to participate in an approved program of work for income support payment, the Secretary:

                     (a)  is satisfied that the person is a person to whom paragraph (8)(b) applies; or

                     (b)  forms the opinion that subparagraph (8)(c)(i) or (ii) applies in relation to the performance of that work by the person;

the Secretary may, by notice in writing given to the person, inform the person that the requirement to participate in the program is revoked and, upon his or her so doing, the requirement is taken to have been revoked with effect from the day of that notification.

   731A(10)  If the person to whom this Subdivision applies fails to take reasonable steps to comply, throughout a period, with a requirement of the Secretary under subsection (7), the person cannot be taken to satisfy the activity test in respect of that period in spite of any compliance of the person with subsection (1).

   731A(11)  A person to whom this Subdivision applies also satisfies the activity test in respect of a period if, throughout the period, the person is taking reasonable steps to comply with the terms of a Special Benefit Activity Agreement between the Secretary and the person.

   731A(12)  If a person to whom this Subdivision applies fails to take reasonable steps to comply, throughout a period, with the terms of a Special Benefit Activity Agreement between the Secretary and the person, the person cannot be taken to satisfy the activity test in respect of the period in spite of any compliance of the person with subsection (1).

   731A(13)  For the purposes of this section, a person to whom this Subdivision applies takes reasonable steps to comply with a notice under subsection (2), with a requirement of the Secretary under subsection (7), or with the terms of a Special Benefit Activity Agreement, as the case requires, unless the person has failed so to comply and:

                     (a)  the main reason for failing to comply involved a matter that was within the person’s control; or

                     (b)  the circumstances that prevented the person from complying were reasonably foreseeable by the person.

731B  Meaning of unsuitable work for the purposes of the activity test

     731B(1)  For the purposes of subsection 731A(1) and subparagraph 731A(7)(a)(i), particular paid work is unsuitable paid work in respect of a person if and only if, in the Secretary’s opinion:

                     (a)  the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or

                     (b)  it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

                     (c)  performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or

                     (d)  the work would involve the person being self-employed; or

                     (e)  the work would be covered by the Australian Fair Pay and Conditions Standard, but the terms and conditions for the work would be less generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or

                      (f)  the work would not be covered by the Australian Fair Pay and Conditions Standard, but, if it were so covered, the terms and conditions for the work would be less generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or

                     (g)  commuting between the person’s home and the place of work would be unreasonably difficult; or

                     (h)  the work requires the person to move from a home in a place to a home in another place; or

                      (i)  for any other reason, the work is unsuitable for the person.

     731B(2)  If:

                     (a)  a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and

                     (b)  the person is offered permanent full-time work (whether or not work of the kind sought) in the new area;

the work offered is not unsuitable work in respect of the person because of paragraph (1)(g) or (h) unless:

                     (c)  the person is under the age of 18 or over the age of 50; or

                     (d)  the person or the person’s partner is pregnant; or

                     (e)  the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or

                      (f)  the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person’s partner; or

                     (g)  the person or the person’s partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or

                     (h)  the person or the person’s partner has significant caring responsibilities in the old area; or

                      (i)  the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or

                      (j)  it is more appropriate for the person to participate in education or training than to accept the offer; or

                     (k)  the person would suffer severe financial hardship if the person were to accept the offer.

     731B(3)  A person who, when seeking employment through an employment service provider, represents to the provider that he or she is willing to undertake work outside the area in which the person’s home is situated is taken, for the purposes of subsection (2), to seek work outside the area at the time when the representation is made.

     731B(4)  Subsection (3) does not affect what would otherwise constitute a circumstance of a person seeking work outside the area in which the person’s home is situated.

     731B(5)  Commuting is not unreasonably difficult for the purposes of paragraph (1)(g) if:

                     (a)  the sole or principal reason for the difficulty is that the commuting involves a journey, either from the person’s home to the place of work or from the place of work to the person’s home, that does not normally exceed 90 minutes in duration; or

                     (b)  in the Secretary’s opinion, a substantial number of people living in the same area as the person regularly commute to their places of work in circumstances similar to those of the person.

     731B(6)  Subsection (5) does not limit the Secretary’s discretion to form the opinion that, for the purposes of paragraph (1)(g), commuting is not unreasonably difficult.

     731B(7)  A reference in paragraph (1)(f) to remuneration for work is a reference to any income derived from the work that is income from personal exertion.

731C  Certain actions taken to constitute failure to satisfy activity test

     731C(1)  If a person who is subject to the activity test in respect of a period refuses or fails, without reasonable excuse, to attend a job interview, the person is taken to have failed to satisfy the activity test.

     731C(2)  If a person who is subject to the activity test in respect of a period fails, without reasonable excuse:

                     (a)  to commence, or to complete, an approved program of work for income support payment that the person is required to undertake; or

                     (b)  to comply with the conditions of such a program;

the person is taken to have failed to satisfy the activity test.

731D  Persons in certain areas can be taken to comply with activity test

                   If the Secretary considers that:

                     (a)  it would be reasonable to assume that:

                              (i)  a person to whom this Subdivision applies is present in an area described in subparagraph 731A(7)(a)(iv) at the end of a period; and

                             (ii)  throughout the period, the person is capable of undertaking, and willing to undertake, paid work that in the Secretary’s opinion is suitable to be undertaken by the person; and

                     (b)  having regard to all the relevant factors, including:

                              (i)  the location of offices of the Department; and

                             (ii)  difficulties with transport and communication; and

                            (iii)  the educational and cultural background of the person;

                            it would be unreasonable to expect the person to comply with the activity test in order to be qualified for special benefit for that period;

then, unless the person has been notified of a requirement under subsection 731A(7) in relation to the period, the person is taken to satisfy the activity test during that period.

731E  Relief from activity test—special circumstances

     731E(1)  Subject to subsections (2) and (3), a person to whom this Subdivision applies is not required to satisfy the activity test for a period if:

                     (a)  the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and

                     (b)  the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the activity test for that period.

     731E(2)  The period referred to in subsection (1) is not to exceed 13 weeks.

     731E(3)  If:

                     (a)  the Secretary makes a number of determinations under subsection (1); and

                     (b)  the periods to which the determinations relate form a continuous period;

the continuous period is not to exceed 13 weeks unless the Secretary determines otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding determination was based.

731F  Relief from activity test—pre-natal and post-natal

      731F(1)  A pregnant woman is not required to satisfy the activity test for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).

      731F(2)  If a woman gives birth to a child (whether or not the child is born alive), the woman is not required to satisfy the activity test for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.

731G  Relief from activity test—people engaged in voluntary work

     731G(1)  Subject to subsection (3), a person to whom this Subdivision applies who has reached 50 years is taken to satisfy the activity test in respect of each period of 2 weeks while the person is receiving special benefit (the relevant period) if the person:

                     (a)  is engaged in approved full-time unpaid voluntary work for an approved organisation for at least 32 hours in the relevant period; or

                     (b)  is engaged, for at least 40 hours in the relevant period, in a combination of:

                              (i)  approved unpaid voluntary work for an approved organisation; and

                             (ii)  suitable paid work for another person.

     731G(2)  Subject to subsection (3), a person to whom this Subdivision applies who:

                     (a)  is under 50 years; and

                     (b)  has received special benefit in respect of a continuous period of at least 3 months but less than 12 months immediately before the start of a particular period of 2 weeks while the person is receiving special benefit (the relevant period);

is taken to satisfy the activity test in respect of that relevant period if:

                     (c)  the person is engaged in approved full-time unpaid voluntary work for an approved organisation for at least 32 hours in the relevant period; and

                     (d)  the relevant period occurs during the 12 months after the person commenced receiving special benefit; and

                     (e)  the person has not already undertaken more than 12 weeks approved full-time unpaid voluntary work (whether continuous or not) with one or more approved organisations during the 12 months referred to in paragraph (d).

     731G(3)  Neither subsection (1) nor (2) applies to a person in respect of a day in a relevant period if, 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 the subsection is not to apply to the person in respect of that day.

     731G(4)  In this section:

approved organisation is an organisation that has been approved by the Secretary for the purposes of this section.

approved voluntary unpaid work, either full-time or otherwise, is work that has been approved by the Secretary for the purposes of this section.

731H  Relief from activity test—dependent child

     731H(1)  A person is taken to satisfy the activity test in respect of a period when the person has at least one child who:

                     (a)  is a dependent child of the person within the meaning of subsection 5(2) as qualified by subsections 5(3) and (6); and

                     (b)  has not turned 16; and

                     (c)  is in Australia.

     731H(2)  For the purposes of subsection (1), a child can be a dependent child of only one person at a time.

     731H(3)  If the Secretary is satisfied that, but for subsection (2), a child would be a dependent child of 2 or more persons (adults), the Secretary must determine in relation to which of those adults the child is a dependent child.

731J  Relief from activity test—carers

      731J(1)  A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:

                     (a)  the person meets the qualification conditions for a carer payment set out in subsections 198(2), (3), (8) and (9); or

                     (b)  the person is participating in the care in hospital of another person (the hospitalised person), whether that other person is a disabled adult, a profoundly disabled child, a disabled child or a dependent child of a disabled adult; and

                              (i)  it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer payment set out in subsections 198(2), (3), (8) and (9) for the hospitalised person or for the hospitalised person and another person or persons; and

                             (ii)  either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.

      731J(2)  However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (1)(b) must not exceed:

                     (a)  63 days in any calendar year; or

                     (b)  another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

      731J(3)  If subsection (1) (including any subsection of section 198 that is applied under that subsection) uses a term that is defined for the purposes of section 198, it has the same meaning in subsection (1) as it has for the purposes of that section.

      731J(4)  A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:

                     (a)  the person meets the qualification conditions for carer allowance set out in section 953 as modified by subsection (5); or

                     (b)  the person meets the qualification conditions for carer allowance set out in section 954 as modified by subsection (5); or

                    (ba)  the person meets the qualification conditions for carer allowance set out in section 954A as modified by subsection (5); or

                     (c)  the person is participating in the care in hospital of another person (the hospitalised person), whether that other person is a disabled child or a disabled adult, and:

                              (i)  it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer allowance set out in section 953 or 954 as so modified, whichever is appropriate, for the hospitalised person, or set out in both of sections 953 and 954 as so modified, for the hospitalised person and another person or persons; and

                             (ii)  either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.

      731J(5)  In this section:

                     (a)  a reference to section 953 as modified by this subsection is a reference to section 953, subject to:

                              (i)  the substitution of a requirement that care receivers be in Australia for the requirement in paragraphs 953(1)(b) and (2)(b); and

                             (ii)  the omission of paragraphs 953(1)(f) and (2)(f); and

                     (b)  a reference to section 954 as modified by this subsection is a reference to section 954, subject to:

                              (i)  the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954(1)(a); and

                             (ii)  the omission of paragraph 954(1)(f); and

                     (c)  a reference to section 954A as modified by this subsection is a reference to section 954A, subject to:

                              (i)  the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954A(1)(a); and

                             (ii)  the omission of paragraph 954A(1)(e).

      731J(6)  However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (4)(c) must not exceed:

                     (a)  63 days in any calendar year; or

                     (b)  another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

      731J(7)  If subsection (4) (including one or more of sections 953, 954 and 954A as modified by subsection (5) and applied under subsection (4)) uses a term that is defined for the purposes of one or more of sections 953, 954 and 954A, that term has the same meaning in subsection (4) as it has for the purposes of one or more of those sections.

731JA  Relief from activity test—grant of temporary protection, humanitarian or safe haven visa

                   A person to whom this Subdivision applies is not required to satisfy the activity test in respect of the period of 13 weeks commencing the day after the day on which the person is granted a visa included in a class of visas that is issued for temporary protection, humanitarian or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies.

731K  Temporarily incapacitated person not required to satisfy activity test

     731K(1)  A person to whom this Subdivision applies is not required to satisfy the activity test in respect of a period if:

                     (a)  throughout the period the person is incapacitated for work because of sickness or an accident; and

                     (b)  the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and

                     (c)  the incapacity is, or is likely to be, of a temporary nature; and

                     (d)  the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:

                              (i)  the medical practitioner’s diagnosis; and

                             (ii)  the medical practitioner’s prognosis; and

                            (iii)  that the person is incapacitated for work; and

                            (iv)  the period for which the person is incapacitated for work; and

                     (e)  the Secretary is satisfied that the incapacity has not been brought about with a view to avoiding any requirement to satisfy the activity test.

     731K(2)  In this section:

work, in relation to a person, means work (whether full-time, part-time, permanent or casual) that:

                     (a)  is of a kind that the person could, in the Secretary’s opinion, be reasonably expected to do; and

                     (b)  is for at least 8 hours per week on wages that are at or above the relevant minimum wage.

Subdivision ABSpecial Benefit Activity Agreements for persons who are nominated visa holders

731L  Special Benefit Activity Agreements—requirement to enter

     731L(1)  Subject to this section, if a person who is a nominated visa holder:

                     (a)  has made a claim for special benefit; or

                     (b)  is in receipt of special benefit;

the Secretary may require the person to enter into a Special Benefit Activity Agreement.

     731L(2)  Subject to this section, the Secretary may require a person who has entered into a Special Benefit Activity Agreement to enter into another such agreement instead of the existing one.

     731L(3)  Subsections (1) and (2) do not apply to a person who, under section 731E, 731F, 731JA or 731K, is not required to satisfy the activity test.

     731L(4)  The Secretary is to give a person who is required to enter into a Special Benefit Activity Agreement notice of:

                     (a)  the requirement; and

                     (b)  the places and times at which the agreement is to be negotiated.

     731L(5)  A Special Benefit Activity Agreement is a written agreement in a form approved by the Secretary. The agreement is between the person and the Secretary.

731M  Special Benefit Activity Agreements—terms

    731M(1)  A Special Benefit Activity Agreement with a person who is a nominated visa holder is to require the person to undertake one or more of the following activities approved by the Secretary:

                     (a)  a job search;

                     (b)  a vocational training course;

                     (c)  training that would help in searching for work;

                     (d)  paid work experience;

                     (e)  measures designed to eliminate or reduce any disadvantage the person has in the labour market;

                      (f)  subject to subsection (2), an approved program of work for income support payment;

                     (g)  another activity that the Secretary regards as suitable for the person and that is agreed between the person and the Secretary.

731M(1AA) If the person is at least 50 years of age but less than 60 years of age, the particular number of job vacancies shall not exceed 24 per 12 weeks in the period specified in the notice.

731M(1AB) If the person is at least 60 years of age, the particular number of job vacancies shall not exceed 12 per 12 weeks in the period specified in the notice.

731M(1AC) Subsection (1AA) does not apply unless the person has been receiving an income support payment for a continuous period of at least 9 months and the person satisfies the Secretary that the person has no recent workforce experience.

  731M(1A)  The Secretary is not to require a person to undertake any activity referred to in subsection (1) other than a vocational training course that is an approved program unless the Secretary is satisfied that the person could be reasonably expected to undertake such an activity.

  731M(1B)  For the purposes of subsection (1), an approved program means a literacy, language or numeracy program approved by the Secretary.

    731M(2)  An agreement must not require the person concerned to participate in an approved program of work for income support payment if:

                     (a)  the person has not turned 18; or

                     (b)  the person or the person’s partner has income; or

                     (c)  in the Secretary’s opinion:

                              (i)  it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

                             (ii)  performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety.

    731M(3)  The terms of an agreement, which include the specification of the activities that the person is to be required to undertake, are to be approved by the Secretary.

    731M(4)  In considering whether to approve the terms of an agreement with a person who is a nominated visa holder, the Secretary is to have regard to the person’s capacity to comply with the proposed agreement and the person’s needs.

    731M(5)  In having regard to a person’s capacity to comply with an agreement, the Secretary is to take into account, but is not limited to, the following matters:

                     (a)  the person’s education, experience, skills, age, disability, illness, and mental and physical condition;

                     (b)  the state of the local labour market and the transport options available to the person in accessing that market;

                     (c)  the participation opportunities available to the person;

                     (d)  the family and caring responsibilities of the person;

                     (e)  the length of travel time required for compliance with the agreement, by reference to what constitutes unreasonably difficult commuting for the purposes of paragraph 731B(1)(g);

                      (f)  the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance;

                     (g)  any other matters that the Secretary or the person considers relevant in the circumstances.

    731M(6)  An agreement with a person:

                     (a)  may be varied (in negotiation with the person) or suspended; and

                     (b)  if another Special Benefit Activity Agreement is made with the person—may be cancelled; and

                     (c)  may be reviewed from time to time at the request of either party to the agreement; and

                     (d)  may be cancelled by the Secretary after a review under paragraph (c).

  731M(6A)  Within 14 days of the day of the agreement being approved, those terms may be varied by the person with the approval of the Secretary.

  731M(6B)  The Secretary must advise the person in writing of the effect of subsection (6A).

  731M(6C)  To avoid doubt, subsection (6A) does not prevent the person at any time from requesting a review of an agreement under paragraph (6)(c).

    731M(7)  A person who is a party to an agreement is to notify the Secretary of any circumstances preventing or affecting the person’s compliance with the agreement.

731N  Special Benefit Activity Agreements—failure to negotiate

     731N(1)  If:

                     (a)  a person who is a nominated visa holder has been given notice under subsection 731L(4) of a requirement to enter into a Special Benefit Activity Agreement; and

                     (b)  because the person did not:

                              (i)  attend the negotiation of the agreement; or

                             (ii)  respond to correspondence about the agreement; or

                            (iii)  agree to the reasonable terms of the agreement proposed by the Secretary;

                            or for any other reason, the Secretary is satisfied that the person is unreasonably delaying entering into the agreement;

then:

                     (c)  the Secretary may give the person notice that the person is being taken to have failed to enter into the agreement; and

                     (d)  if the notice is given—the person is taken to have so failed.

     731N(2)  A notice under paragraph (1)(c) must:

                     (a)  be in writing; and

                     (b)  set out the reasons for the decision to give the notice; and

                     (c)  include a statement describing the rights of the person to apply for a review of the decision.

Subdivision BPayability

732  Special benefit not payable if benefit rate nil

        732(1)  Subject to subsection (2), special benefit is not payable to a person if the person’s special benefit rate would be nil.

        732(2)  Subsection (1) does not apply to a person if the person’s special benefit rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  the social security law; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

733  Assets test—benefit not payable if assets value limit exceeded
[see Appendix for CPI adjusted figures]

        733(1)  A special benefit is not payable to a person if:

                     (a)  the person is not excluded from the special benefit assets test; and

                     (b)  the value of the person’s assets exceeds the person’s assets value limit.

        733(2)  A person is excluded from the special benefit assets test if the person:

                     (a)  has not turned 18; and

                     (b)  is not independent within the meaning of section 1067A.

        733(3)  A person’s assets value limit is worked out using the following table: work out which family situation applies to the person; the assets value limit is the corresponding amount in the assets value limit column.

 

Assets value limit table

Column 1

Column 2

Column 3

Assets value limit

Item

Person’s family situation

Column 3A

Either person or partner homeowner

Column 3B

Neither person nor partner homeowner

1.

Not member of a couple

$110,750

$190,250

2.

Partnered (partner getting neither pension nor benefit)

$157,500

$237,000

3.

Partnered (partner getting pension or benefit)

$78,750

$118,500

Note 1:       for member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.

Note 2:       for homeowner see section 11.

Note 3:       if item 2 applies to a person, the value of all the assets of the person’s partner is to be taken as being included in the value of the person’s assets (see subsection 734(1)—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 734(2)).

Note 4:       if a special benefit is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

Note 5:       the assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).

Note 6:       the assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).

Note 7:       the item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).

734  Value of assets of members of couples

        734(1)  If:

                     (a)  the person is a member of a couple; and

                     (b)  the person’s partner:

                              (i)  is not in receipt of a social security, service pension or income support supplement; and

                             (ii)  is not in receipt of a social security benefit;

the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.

Note:          For social security pension see subsection 23(1).

        734(2)  If:

                     (a)  the person is a member of a couple; and

                     (b)  the person’s partner is in receipt of:

                              (i)  a social security, service pension or income support supplement; or

                             (ii)  a social security benefit;

the following provisions have effect:

                     (c)  the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and

                     (d)  the value of the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of assets of that kind of the person’s partner.

735  Multiple entitlement exclusion

        735(1)  Special benefit is not payable to a person if the person is already receiving a service pension or income support supplement.

        735(2)  If:

                     (a)  a person is receiving special benefit; and

                     (b)  a social security pension, another social security benefit, service pension or income support supplement becomes payable to the person;

the special benefit is not payable to the person.

Note 1:       another payment type will generally not become payable to the person until the person claims it.

Note 2:       For social security pension and social security benefit see subsection 23(1).

        735(3)  Special benefit is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;

unless:

                     (c)  the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and

                     (d)  before 1 November 1986 the woman was also receiving a social security benefit.

Note:          for armed services widow see subsection 4(1).

        735(4)  Special benefit is not payable to a man if:

                     (a)  the man is an armed services widower; and

                     (b)  the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note:          for armed services widower see subsection 4(1).

        735(5)  Special benefit is not payable to a person if:

                     (a)  the person is an armed services widow or an armed services widower; and

                     (b)  the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.

Note 1:       For armed services widow and armed services widower see subsection 4(1).

Note 2:       For MRCA see subsection 23(1).

736  Secretary may require certain persons to attend courses or undertake work

        736(1)  If:

                     (a)  a person, other than a person who is a nominated visa holder, is receiving, or has lodged a claim for, special benefit; and

                     (b)  the Secretary is of the opinion that the person should:

                              (i)  undertake a course of vocational training; or

                             (ii)  undertake a course:

                                        (A)  which the person could reasonably undertake; and

                                        (B)  to which the person has been referred by the Secretary; or

                            (iii)  do any work suitable to be done by the person; and

                     (c)  the Secretary notifies the person that the person is required to:

                              (i)  undertake that course; or

                             (ii)  do that work; and

                     (d)  the person does not take reasonable steps to comply with the Secretary’s requirements;

special benefit is not payable to the person for a period determined by the Secretary.

        736(2)  The Secretary may determine that special benefit is payable for a period for which he or she had previously determined that it was not payable under subsection (1) if, within a reasonable period, the person takes reasonable steps to comply with the Secretary’s requirements.

737  Full-time students

        737(1)  Subject to subsection (3), a special benefit is not payable to a person:

                     (a)  who has turned 18; or

                     (b)  who satisfies both of the following:

                              (i)  the person has not turned 16; and

                             (ii)  the person is not a SPB homeless person;

if the person is enrolled in a full-time course of education or of vocational training.

Note:          for SPB homeless person see section 739.

Period for which benefit not payable

        737(2)  The period for which a special benefit is not payable under subsection (1) is the period that:

                     (a)  starts when the person starts the course; and

                     (b)  finishes when the person:

                              (i)  completes the course; or

                             (ii)  abandons the course; or

                            (iii)  gives notice to the provider of the course that the person:

                                        (A)  wishes to withdraw from the course; or

                                        (B)  wishes to withdraw from such number of subjects that the person’s course will no longer be a full-time course; and

                     (c)  includes periods of vacation.

Subsection (1) does not apply in certain cases

        737(3)  Subsection (1) does not prevent a special benefit from being payable for any period during which:

                     (a)  a person is enrolled in a course of study that the Secretary has required the person to undertake under section 731A or 736; or

                     (b)  the person is engaged in a course undertaken under a Special Benefit Activity Agreement; or

                     (c)  the person has deferred a course of education.

738  Payments under certain education schemes

        738(1)  Subject to subsections (2) and (3), a special benefit is not payable to a person:

                     (a)  who has turned 18; or

                     (b)  who satisfies both of the following:

                              (i)  the person has not turned 16;

                             (ii)  the person is not a SPB homeless person;

if a payment has been made or may be made in respect of the person for the same period under:

                     (c)  a prescribed educational scheme other than the ABSTUDY scheme to the extent that it applies to part-time students; or

                     (d)  the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or

                     (e)  the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or

                      (f)  the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students.

Note 1:       for prescribed educational scheme see section 5.

Note 2:       for SPB homeless person see section 739.

        738(2)  If:

                     (a)  a person may start a course of education on a full-time basis; and

                     (b)  a payment under a scheme referred to in subsection (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (1), a special benefit is payable to the person for a period before the person starts the course.

        738(3)  If:

                     (a)  a person enrols in a full-time course of education; and

                     (b)  an application is made for a payment in respect of the person under:

                             (ii)  the ABSTUDY Schooling scheme; or

                            (iii)  the ABSTUDY Tertiary scheme; and

                     (c)  the person was receiving special benefit immediately before the start of the course;

the Secretary may decide that, in spite of subsection (1), special benefit is payable to the person for the period of 3 weeks commencing on the day on which the course starts.

739  SPB homeless person

                   For the purposes of subparagraphs 737(1)(b)(ii) and 738(1)(b)(ii), a person is an SPB homeless person if:

                     (a)  the person is not a member of a couple; and

                     (b)  the person does not have a dependent child; and

                     (c)  the person does not live at a home of the parents, or of a parent, of the person because:

                              (i)  the parents are not, or neither parent is, prepared to allow the person to live at such a home; or

                             (ii)  domestic violence, incestuous harassment or other such exceptional circumstances make it unreasonable to expect the person to live at such a home; and

                     (d)  the person is not receiving continuous support, whether directly or indirectly and whether pecuniary or otherwise, from a parent of the person or from another person who is acting as the person’s guardian on a long-term basis; and

                     (e)  the person is not receiving, on a continuous basis, any payment in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.

739A  Newly arrived resident’s waiting period

     739A(1)  Subject to this section, a person who, on or after the commencement of this subsection:

                     (a)  enters Australia; or

                     (b)  becomes the holder of a permanent visa; or

                     (e)  becomes the holder of a visa that is in a class of visas determined by the Minister for the purposes of this paragraph;

is subject to a newly arrived resident’s waiting period.

     739A(2)  Subject to this section, if, immediately before the commencement of this subsection, a person was the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subsection, the person is subject to a newly arrived resident’s waiting period.

     739A(3)  If:

                     (a)  a person is subject to a newly arrived resident’s waiting period; and

                     (b)  before, on or after the commencement of this subsection, the person applies for a visa that is in a class of visas determined by the Minister for the purposes of this paragraph;

the waiting period:

                     (c)  starts on the day on which the person applied for that visa; and

                     (d)  ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

     739A(4)  If:

                     (a)  a person is subject to a newly arrived resident’s waiting period; and

                     (b)  before, on or after the commencement of this subsection, the person was the holder of a visa that is in a class of visas determined by the Minister for the purposes of this paragraph;

the period:

                     (c)  starts on the day on which the person applied for that visa; and

                     (d)  ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

     739A(5)  If:

                     (a)  a person is subject to a newly arrived resident’s waiting period; and

                     (b)  neither subsection (3) nor (4) apply to the person;

the waiting period starts on the day on which the person:

                     (c)  first entered Australia; or

                     (d)  becomes the holder of a permanent visa;

whichever occurs last, and ends on the day after the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

     739A(6)  Neither subsection (1) nor (2) applies to a person if the person holds, or was the former holder of, a visa in a class of visas determined by the Minister for the purposes of this subsection.

     739A(7)  Neither subsection (1) nor (2) apply to a person if the person, in the Secretary’s opinion, has suffered a substantial change in circumstances beyond the person’s control.

Note:          For permanent visa see subsection 7(1).

     739A(8)  A determination under paragraph (1)(e), subsection (2), paragraph (3)(b), paragraph (4)(b) or subsection (6) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

739B  Secretary to act in accordance with guidelines

                   The Secretary must exercise the powers under subsection 739A(7), in accordance with guidelines from time to time in force under subsection 739C(1).

739C  Guidelines for exercise of Secretary’s powers under subsection 739A(7)

     739C(1)  The Minister, by determination in writing:

                     (a)  is to set guidelines for the exercise of the Secretary’s powers under subsection 739A(7); and

                     (b)  may revoke or vary those guidelines.

     739C(2)  A determination made under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Subdivision CActivity test breaches

740  Activity test penalties for failure to satisfy activity test

        740(1)  If a person who is a nominated visa holder fails to satisfy the activity test (the failure), special benefit is not payable to the person.

        740(2)  If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:

                     (a)  if the failure is the person’s first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or

                     (b)  if the failure is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non-payment period applies to the person.

741  Activity test penalties for failure to enter Special Benefit Activity Agreement

        741(1)  If:

                     (a)  a person is required to enter into a Special Benefit Activity Agreement in order to qualify, or to continue to qualify, for special benefit; and

                     (b)  the person fails to enter into a Special Benefit Activity Agreement (the failure);

special benefit is not payable to the person because of the failure.

        741(2)  If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:

                     (a)  if the failure is the person’s first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or

                     (b)  if the failure is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non-payment period applies to the person.

742  Activity test penalties for failure to comply with Special Benefit Activity Agreement

        742(1)  If:

                     (a)  a person is required to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement in order to qualify, or to continue to qualify, for special benefit; and

                     (b)  the person fails to take reasonable steps to comply with the terms of the Special Benefit Activity Agreement (the failure);

special benefit is not payable to the person because of the failure.

        742(2)  If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:

                     (a)  if the failure is the person’s first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or

                     (b)  if the failure is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non-payment period applies to the person.

743  Unemployment due to voluntary act

                   If:

                     (a)  the Secretary is satisfied that a person who is a nominated visa holder is unable to earn a sufficient livelihood for the person and the person’s dependants (if any) because the person is unemployed; and

                     (b)  a person’s unemployment is due, either directly or indirectly, to a voluntary act of the person (the voluntary act); and

                     (c)  the Secretary is not satisfied that the person’s voluntary act was reasonable;

then:

                     (d)  if the voluntary act is the person’s first or second activity test breach in the 2 years immediately before the day after the voluntary act—an activity test breach rate reduction period applies to the person; or

                     (e)  if the voluntary act is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the voluntary act—an activity test non-payment period applies to the person.

744  Unemployment due to misconduct

                   If:

                     (a)  the Secretary is satisfied that a person who is a nominated visa holder is unable to earn a sufficient livelihood for the person and the person’s dependants (if any) because the person is unemployed; and

                     (b)  the person’s unemployment is due to the person’s misconduct as a worker (the misconduct);

then:

                     (c)  if the misconduct is the person’s first or second activity test breach in the 2 years immediately before the day after the misconduct—an activity test breach rate reduction period applies to the person; or

                     (d)  if the misconduct is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the misconduct—an activity test non-payment period applies to the person.

745  Refusal of job offer

        745(1)  If a person who is a nominated visa holder has refused or failed, without reasonable excuse, to accept a suitable offer of employment (the failure), special benefit is not payable to the person.

        745(2)  If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:

                     (a)  if the failure is the person’s first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or

                     (b)  if the failure is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non-payment period applies to the person.

745A  Failure to provide information etc.

     745A(1)  If a person who is a nominated visa holder:

                     (a)  refuses or fails, without reasonable excuse, to provide information in relation to a person’s income from remunerative work (the failure); or

                     (b)  knowingly or recklessly provides false or misleading information in relation to the person’s income from remunerative work (the provision of information);

when required to do so under a provision of the Administration Act, special benefit is not payable to the person.

     745A(2)  If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:

                     (a)  if the failure or the provision of information is the person’s first or second activity test breach in the 2 years immediately before the day after the failure or the provision of information—an activity test breach rate reduction period applies to the person; or

                     (b)  if the failure or the provision of information is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure or the provision of information—an activity test non-payment period applies to the person.

745B  Activity test non-payment periods

     745B(1)  If an activity test non-payment period applies to a person under this Part, the period applicable to the person is 8 weeks.

     745B(2)  If:

                     (a)  special benefit becomes not payable to a person because of:

                              (i)  a failure to enter into a Special Benefit Activity Agreement; or

                             (ii)  an unreasonable delay in entering into a Special Benefit Activity Agreement; or

                            (iii)  a failure to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement; and

                     (b)  the person is at least 50 years of age at the time of the activity test breach referred to in paragraph (a); and

                     (c)  the Secretary is satisfied that, not more than 8 weeks after the start of the activity test non-payment period applicable to the person by reason of the breach referred to in paragraph (a), the person:

                              (i)  has entered into such a Special Benefit Activity Agreement; or

                             (ii)  is no longer unreasonably delaying entering into such a Special Benefit Activity Agreement; or

                            (iii)  is taking reasonable steps to comply, or to resume compliance, with the terms of the Special Benefit Activity Agreement that is in force in respect of the person or if there is no Special Benefit Activity Agreement in force in respect of the person, with the terms of the Special Benefit Activity Agreement that was in force in respect of the person immediately before the commencement of the non-payment period;

                            as the case requires;

this Act has effect, for the purpose only of determining the payability of special benefit during the balance of the non-payment period, as if the non-payment period had never applied.

     745B(3)  A determination that a person has commenced to take reasonable steps as referred to in paragraph (2)(c) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or at a later date.

745C  Commencement of activity test non-payment periods

     745C(1)  Subject to section 745D, if an activity test non-payment period applies to a person under this Part, the Secretary must give to the person a written notice informing the person of the commencement of the activity test non-payment period applicable to the person.

     745C(2)  Subject to subsection (4) of this section and to section 745D, the activity test non-payment period starts on the 14th day after the day on which the notice is given to the person.

     745C(3)  If, at the time of the commencement of an activity test non-payment period under this section, the person is already subject to an activity test non-payment period (the pre-existing non-payment period), the pre-existing non-payment period is taken to end immediately before the commencement of the first-mentioned activity test non-payment period.

     745C(4)  Subject to section 745D, if:

                     (a)  on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, special benefit ceases to be payable to the person; and

                     (b)  it has not ceased to be payable because of the application of an activity test non-payment period;

the activity test non-payment period referred to in subsection (1) commences on the day on which the special benefit ceases to be payable to the person.

745D  Application of activity test non-payment periods before claims for special benefit

     745D(1)  If:

                     (a)  at a time when the person was not qualified for special benefit, an event occurred that would have resulted in an activity test non-payment period applying to the person under section 743 or 744 had the person made a claim for special benefit; and

                     (b)  before the end of that period (assuming that the period had commenced on the day on which the event occurred), the person made a claim for special benefit;

the activity test non-payment period is taken to have commenced on the day after the day on which the event occurred.

     745D(2)  If:

                     (a)  at a time when the person was not qualified for special benefit, an event occurred that would have resulted in an activity test non-payment period applying to the person under section 743 or 744 had the person made a claim for special benefit; and

                     (b)  the person made a claim for special benefit after the end of that period (assuming that the period had commenced on the day on which the event occurred);

then:

                     (c)  the activity test non-payment period is taken to have commenced and to have ended before the claim was made; and

                     (d)  the Secretary is not obliged to give the person a written notice under subsection 745C(1) in respect of the activity test non-payment period.

745E  Activity test non-payment periods—interaction with activity test breach rate reduction periods

     745E(1)  This section applies if, under this Part:

                     (a)  an activity test non-payment period applies to a person; and

                     (b)  during the whole or part of that period, the whole or part of an activity test breach rate reduction period also applies to the person (the overlap period).

     745E(2)  Subject to subsection (4), if this section applies, the activity test non-payment period and the activity test breach rate reduction period are to run concurrently during the overlap period.

     745E(3)  If this section applies, then only the non-payment restriction relating to the activity test non-payment period is to apply to the person during the overlap period.

     745E(4)  If, at the time of the commencement of an activity test non-payment period under this Part, the person is already subject to an activity test breach rate reduction period (the pre-existing reduction period), the pre-existing reduction period is taken to end immediately before the commencement of the activity test non-payment period under this Part.

745F  Effect of sections 745C and 745D

                   For the avoidance of doubt, sections 745C and 745D do not prevent special benefit ceasing to be payable in circumstances that do not involve the application of an activity test non-payment period under this Part.

745G  Where one event may give rise to both an activity test penalty period and an administrative breach rate reduction period

                   If, but for this section, an event would result in an activity test penalty period and an administrative breach rate reduction period both applying to a person under this Act, only the provision imposing the activity test penalty period is to apply to the person.

Subdivision DSituations where special benefit not payable to persons who are nominated visa holders (administrative breaches)

745H  Administrative breach rate reduction period to apply to certain persons who fail to comply with notification requirements

                   If a person who is a nominated visa holder refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 64, 67, 68 or 192 of the Administration Act:

                     (a)  special benefit is not payable to the person; and

                     (b)  if, at a later time, special benefit becomes payable to the person—an administrative breach rate reduction period worked out under section 752 applies to the person.

Subdivision EParticipation by persons who are nominated visa holders in an approved program of work for income support payment

745J  Definitions

                   For the purposes of this Subdivision:

activity test penalty period, in relation to a person who is a nominated visa holder, means a period during which special benefit that would otherwise be payable to the person is payable at a reduced rate, or is not payable, because of the operation of section 740, 741, 742, 743, 744, 745 or 745A in relation to an act or omission of the person.

administrative penalty period, in relation to a person who is a nominated visa holder, means a period during which special benefit that would otherwise be payable to the person is payable at a reduced rate because of the operation of section 745H of this Act, or subsection 63(5) of the Administration Act, in relation to an act or omission of the person.

penalty period means:

                     (a)  activity test penalty period; or

                     (b)  administrative penalty period.

745K  Penalty periods cease to apply on start of participation in approved program of work for income support payment

     745K(1)  In spite of any provisions of this Act, if:

                     (a)  a penalty period or a number of penalty periods apply to, or, but for this section, would apply to, a person who is a nominated visa holder; and

                     (b)  the person commences to participate in an approved program of work for income support payment;

the penalty period or periods cease to apply to the person on and after that commencement.

     745K(2)  Subsection (1) has effect whether or not the person completes the participation in that program.

745L  Participation in an approved program of work for income support payment does not give rise to employment under certain industrial relations legislation

                   A person who is a nominated visa holder is not to be taken, by reason only of participation in an approved program of work for income support payment in accordance with a requirement of the Secretary under section 731A or with the terms of a Special Benefit Activity Agreement under section 731M, to be:

                     (a)  an employee within the meaning of section 9 of the Occupational Health and Safety (Commonwealth Employment) Act 1991; or

                     (b)  an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; or

                     (c)  an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; or

                     (d)  an employee for the purposes of the Workplace Relations Act 1996.

Subdivision FOther situations where special benefit not payable to persons who are nominated visa holders

745M  Seasonal workers

    745M(1)  This section applies if, at any time during the 6 months immediately before the day on which a person who is a nominated visa holder lodges a claim for special benefit, the person or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work within the meaning of subsection 16A(1).

    745M(2)  Special benefit is not payable to the person:

                     (a)  if the person is subject to a seasonal work preclusion period within the meaning of subsection 16A(1) (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

                     (b)  if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

    745M(3)  If the Secretary is satisfied that a person is in severe financial hardship within the meaning of subsection 19C(2) or (3), whichever is appropriate, because the person has incurred unavoidable or reasonable expenditure within the meaning of subsection 19C(4) while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

                     (a)  the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

                     (b)  the determination has effect accordingly.

745N  Move to area of lower employment prospects

     745N(1)  Subject to subsection (3), if, in the opinion of the Secretary, a person who is a nominated visa holder has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, special benefit is not payable to the person for 26 weeks.

     745N(2)  Subsection (1) extends to a person who makes a claim for special benefit on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.

     745N(3)  If a person to whom special benefit is not payable under subsection (1) for a period of 26 weeks (including that subsection as it applies by virtue of subsection (2)) does either of the following during that period:

                     (a)  moves back to the place of residence (the original place of residence) the movement from which resulted in special benefit not being payable to him or her;

                     (b)  moves to another place of residence a movement to which from the original place of residence would not have resulted in special benefit not being payable to him or her;

the period of 26 weeks ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.

     745N(4)  For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if and only if the person:

                     (a)  moves to live with a family member who has already established his or her residence in that place of residence; or

                     (b)  moves to live near a family member who has already established residence in the same area; or

                     (c)  satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a physical disease or illness suffered by the person or by a family member; or

                     (d)  satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).

     745N(5)  The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) commences and that day may be before the day of the determination.


 

Division 4Rate of special benefit

Subdivision ABasic determination of special benefit

746  Rate of special benefit

        746(1)  The rate of a person’s special benefit is the fortnightly rate determined by the Secretary in his or her discretion.

        746(2)  Subject to Part 2.24 (major disaster), the rate of a person’s special benefit is not to exceed the rate at which youth allowance, austudy payment or newstart allowance would be payable to the person if:

                     (a)  the person were qualified for youth allowance, austudy payment or newstart allowance; and

                     (b)  youth allowance, austudy payment or newstart allowance were payable to the person.

Note:          for double payments in the case of a major disaster see Part 2.24.

Subdivision BApproved program of work supplement

747  Approved program of work supplement for persons who are nominated visa holders

                   If a person who is a nominated visa holder:

                     (a)  is receiving special benefit; and

                     (b)  is participating in an approved program of work for income support payment;

the rate of the person’s special benefit is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program unless, during that fortnight, the person subsequently ceases to participate in the program in circumstances that constitute:

                     (c)  a failure of the activity test to which the person is subject; or

                     (d)  a failure to comply with the terms of a Special Benefit Activity Agreement to which the person is subject.

Subdivision CActivity test breach reductions in the rate of special benefit for persons who are nominated visa holders

748  Activity test breach rate reduction periods in respect of persons who are nominated visa holders

        748(1)  If an activity test breach rate reduction period applies to a person under this Part, the period applicable to the person is 26 weeks.

     748(1A)  If:

                     (a)  an activity test breach rate reduction period is applicable to a person because of an activity test breach other than:

                              (i)  a breach for failing to take reasonable steps to comply with a requirement of the Secretary to undertake particular paid work as set out in a notice under subsection 731A(7); or

                             (ii)  a breach of subsection 731C(1), of section 743, 744 or 745 or of paragraph 745A(1)(a); or

                            (iii)  a breach of paragraph 745A(1)(b) where the Secretary is satisfied that the person has acted with an intention of obtaining a social security advantage; or

                            (iv)  a breach because of a failure to take reasonable steps to comply with a job search requirement of a Special Benefit Activity Agreement as described in subsection (1C); and

                     (b)  the activity test breach is the first activity test breach of any kind that is applicable to the person in the period of 2 years ending immediately before the day after the activity test breach; and

                     (c)  the Secretary notifies the person, either orally or in writing, of an activity or activities that, if undertaken by the person, would satisfy the Secretary that the activity test breach rate reduction period should be modified in accordance with this subsection; and

                     (d)  at the earliest opportunity available to the person but in no case later than 8 weeks after the start of the activity test breach rate reduction period applicable to the person, the person undertakes the activity or each of the activities;

the activity test breach rate reduction period applicable to the person is 8 weeks rather than 26 weeks.

     748(1B)  For the purposes of subparagraph (1A)(a)(iii), a person has an intention of obtaining a social security advantage if the person has an intention of:

                     (a)  obtaining, or enabling the person to obtain, a social security payment that the person would not otherwise obtain; or

                     (b)  obtaining, or enabling the person to obtain, a social security payment at a higher rate than that which would otherwise be payable; or

                     (c)  ensuring that the person would be qualified for fringe benefits for the purposes of this Act or the Veterans’ Entitlements Act.

     748(1C)  For the purposes of subparagraph (1A)(a)(iv), a job search requirement of a Special Benefit Activity Agreement is a requirement that the person to whom the Agreement relates:

                     (a)  undertake a certain number of job searches per fortnight; and

                     (b)  keep a record of the person’s job searches in a document referred to in the agreement as a job seeker diary; and

                     (c)  return the job seeker diary to the Department at the end of the period specified in the Agreement.

     748(1D)  If:

                     (a)  under paragraph (1A)(c), the Secretary has notified a person of an activity or activities; and

                     (b)  the person has not:

                              (i)  undertaken the activity or any one or more of the activities referred to in paragraph (a); or

                             (ii)  if another activity or other activities is notified to the person in substitution for the activity or activities so referred to (or for any previously substituted activity or activities)—undertaken that other activity or any one or more of those other activities;

                            before the end of 8 weeks after the start of the activity test breach rate reduction period applicable to the person; and

                     (c)  the Secretary is satisfied that the failure to undertake the activity or any one or more of the activities referred to in paragraph (a) and any substituted activity or activities was for reasons outside the person’s control;

the Secretary may determine that the activity test breach rate reduction period applicable to the person is 8 weeks rather than 26 weeks.

        748(2)  If:

                     (a)  special benefit becomes not payable to a person because of:

                              (i)  a failure to enter into a Special Benefit Activity Agreement; or

                             (ii)  an unreasonable delay in entering into a Special Benefit Activity Agreement; or

                            (iii)  a failure to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement; and

                     (b)  the person is at least 50 years of age at the time of the activity test breach referred to in paragraph (a); and

                     (c)  the Secretary is satisfied that, not more than 26 weeks after the start of the activity test rate reduction period applicable to the person by reason of the breach referred to in paragraph (a), the person:

                              (i)  has entered into such a Special Benefit Activity Agreement; or

                             (ii)  is no longer unreasonably delaying entering into such a Special Benefit Activity Agreement; or

                            (iii)  is taking reasonable steps to comply, or to resume compliance, with the terms of a Special Benefit Activity Agreement that is in force in respect of the person or if there is no Special Benefit Activity Agreement in force in respect of the person, with the terms of the Special Benefit Activity Agreement that was in force in respect of the person immediately before the commencement of the non-payment period;

                            as the case requires;

this Act has effect, for the purpose only of determining the payability of special benefit during the balance of the rate reduction period, as if the rate reduction period had never applied.

        748(3)  A determination that a person has commenced to take reasonable steps as referred to in subparagraph (2)(c)(iii) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or at a later date.

749  Commencement of activity test breach rate reduction periods in respect of persons who are nominated visa holders

        749(1)  Subject to section 750, if an activity test breach rate reduction period applies to a person under this Part, the Secretary must give to the person a written notice informing the person of the commencement of the activity test breach rate reduction period applicable to the person.

        749(2)  Subject to subsection (4) of this section and to section 750, the activity test breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.

        749(3)  If, at the time of the commencement of an activity test breach rate reduction period under this section, the person is already subject to an activity test breach rate reduction period (the pre-existing reduction period), the pre-existing reduction period is taken to end immediately before the commencement of the first-mentioned activity test breach rate reduction period.

        749(4)  Subject to section 750, if, on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, special benefit ceases to be payable to the person, the period commences on the day on which special benefit ceases to be payable to the person.

750  Application of activity test breach rate reduction periods before claims for special benefit

        750(1)  If:

                     (a)  at a time when the person was not qualified for special benefit, an event occurred that would have resulted in an activity test breach rate reduction period applying to the person under section 743 or 744 had the person made a claim for special benefit; and

                     (b)  before the end of that period (assuming that the period had commenced on the day on which the event occurred), the person made a claim for special benefit;

the activity test breach rate reduction period is taken to have commenced on the day after the day on which the event occurred.

        750(2)  If:

                     (a)  at a time when the person was not qualified for special benefit, an event occurred that would have resulted in an activity test breach rate reduction period applying to the person under section 743 or 744 had the person made a claim for special benefit; and

                     (b)  the person makes a claim for special benefit after the end of that period (assuming that the period had commenced on the day on which the event occurred);

then:

                     (c)  the activity test breach rate reduction period is taken to have commenced and to have ended before the claim was made; and

                     (d)  the Secretary is not obliged to give the person a written notice under subsection 749(1).

751  Rate of special benefit where activity test breach rate reduction period applies

        751(1)  If:

                     (a)  an activity test breach rate reduction period applies to a person under this Part; and

                     (b)  the person qualifies for special benefit; and

                     (c)  special benefit is payable to the person;

the person’s rate of special benefit for the activity test breach rate reduction period is worked out as follows:

Special benefit rate calculator for activity test breach rate reduction period applying under this Part

This is how to work out a person’s rate of special benefit for an activity test breach rate reduction period that applies to the person under this Part.

Method statement

Step 1.   Work out the person’s maximum payment rate, being:

               (a)     if the person has not turned 21—the amount that would be the person’s maximum basic rate if the Youth Allowance Rate Calculator applied to the person; and

               (b)     if the person has turned 21—the amount that would be the person’s maximum basic rate calculated under Table B of Module B of Benefit Rate Calculator B.

Step 2.   Work out the rate reduction amount in accordance with subsection (2).

Step 3.   Take the rate reduction amount away from the rate of special benefit determined by the Secretary under section 746:

              the result (which may be a nil rate) is called the activity test breach reduced rate.

        751(2)  A person’s rate reduction amount is worked out as follows:

                     (a)  if the activity test breach is the person’s first breach in the 2 year period:

                     (b)  if the activity test breach is the person’s second breach in the 2 year period:

        751(3)  In this section:

2 year period means the 2 years immediately before the day after the activity test breach.

Subdivision DAdministrative breach reductions in the rate of special benefit for persons who are nominated visa holders

752  Administrative breach rate reduction periods in respect of persons who are nominated visa holders

        752(1)  If an administrative breach rate reduction period applies to a person under this Part, the period applicable to the person is 13 weeks.

     752(1A)  If:

                     (a)  an administrative breach rate reduction period is applicable to a person because the person has refused or failed, without reasonable excuse, to comply with a requirement made of the person under section 63, 64, 67, 68, 75 or 192 of the Administration Act; and

                     (b)  the refusal or failure is the first refusal or failure in the period of 2 years ending immediately before the day after the refusal or failure; and

                     (c)  the Secretary notifies the person, either orally or in writing, of an activity or activities that, if undertaken by the person, would satisfy the Secretary that the administrative breach rate reduction period should be modified in accordance with this subsection; and

                     (d)  at the earliest opportunity available to the person but in no case later than 8 weeks after the start of the administrative breach rate reduction period applicable to the person, the person undertakes the activity or each of the activities;

the administrative breach rate reduction period applicable to the person is 8 weeks rather than 13 weeks.

     752(1B)  If:

                     (a)  under paragraph (1A)(c), the Secretary has notified a person of an activity or activities; and

                     (b)  the person has not:

                              (i)  undertaken the activity or any one or more of the activities referred to in paragraph (a); or

                             (ii)  if another activity or other activities is notified to the person in substitution for the activity or activities so referred to (or for any previously substituted activity or activities)—undertaken that other activity or any one or more of those other activities;

                            before the end of 8 weeks after the start of the administrative breach rate reduction period applicable to the person; and

                     (c)  the Secretary is satisfied that the failure to undertake the activity or any one or more of the activities referred to in paragraph (a) and any substituted activity or activities was for reasons outside the person’s control;

the Secretary may determine that the administrative breach rate reduction period applicable to the person is 8 weeks rather than 13 weeks.

        752(2)  If:

                     (a)  special benefit becomes not payable to a person because of a failure to comply with a requirement to attend a particular place for a particular purpose in accordance with a notice issued under paragraph 63(3)(c) of the Social Security (Administration) Act 1999; and

                     (b)  the person is at least 50 years of age at the time of the administrative breach referred to in paragraph (a); and

                     (c)  the Secretary is satisfied that, not more than 13 weeks after the start of the administrative breach rate reduction period applicable to the person by reason of the breach referred to in paragraph (a):

                              (i)  the person attends that place for that purpose; or

                             (ii)  the person complies with an alternative requirement that the Secretary notifies to the person (whether orally or in writing);

                            this Act has effect, for the purpose only of determining the payability of special benefit during the balance of the rate reduction period, as if the rate reduction period had never applied.

753  Commencement of administrative breach rate reduction periods in respect of persons who are nominated visa holders

        753(1)  If an administrative breach rate reduction period applies to a person under this Part, the Secretary must give to the person a written notice informing the person of the commencement of the administrative breach rate reduction period applicable to the person.

        753(2)  Subject to subsection (4), the administrative breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.

        753(3)  If, at the time of the commencement of an administrative breach rate reduction period under this section, the person is already subject to an administrative breach rate reduction period (the pre-existing reduction period), the pre-existing reduction period is taken to end immediately before the commencement of the first-mentioned administrative breach rate reduction period.

        753(4)  If:

                     (a)  on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, special benefit ceases to be payable to the person; and

                     (b)  it has not ceased to be payable because of the application of an administrative breach rate reduction period;

the administrative breach rate reduction period referred to in subsection (1) commences on the day on which the special benefit ceases to be payable to the person.

754  Administrative breach rate reduction periods—interaction with activity test non-payment periods

        754(1)  This section applies if, under this Part:

                     (a)  an administrative breach rate reduction period applies to a person; and

                     (b)  during the whole or part of that period, the whole or part of an activity test non-payment period also applies to the person (the overlap period).

        754(2)  If this section applies, the activity test non-payment period and the administrative breach rate reduction period are to run concurrently during the overlap period.

        754(3)  If this section applies, the non-payment penalty relating to the activity test non-payment period is to apply to the person during the overlap period.

755  Administrative breach rate reduction periods—interaction with activity test breach rate reduction periods

        755(1)  This section applies if, under this Part:

                     (a)  an administrative breach rate reduction period applies to a person; and

                     (b)  during the whole or part of that period, the whole or part of an activity test breach rate reduction period also applies to the person (the overlap period).

        755(2)  If this section applies, the administrative breach rate reduction period and the activity test breach rate reduction period are to run concurrently during the overlap period.

        755(3)  If this section applies, then, subject to sections 745E and 751, only the higher of the percentage rate reduction amounts that relate to the activity test breach rate reduction period and the administrative breach rate reduction period respectively applies to the person during the overlap period.

756  Effect of sections 754 and 755

                   For the avoidance of doubt, sections 754 and 755 do not prevent special benefit ceasing to be payable in circumstances that do not involve the application of an administrative breach rate reduction period.

757  Administrative breach rate reduction period not to apply in certain circumstances

                   Despite any other provision of this Part, an administrative breach rate reduction period does not apply if:

                     (a)  a person who is a nominated visa holder receives special benefit; and

                     (b)  special benefit ceases to be payable to the person because of section 745H of this Act or subsection 63(5) of the Administration Act; and

                     (c)  payment of special benefit is cancelled or automatically terminated; and

                     (d)  the person lodges a claim for special benefit more than 14 days after the date of effect of the cancellation or automatic termination referred to in paragraph (c).

758  Rate of special benefit where administrative breach rate reduction applies

        758(1)  If:

                     (a)  an administrative breach rate reduction period applies to a person under this Part; and

                     (b)  the person qualifies for special benefit; and

                     (c)  special benefit is payable to the person;

the person’s rate of special benefit for the administrative breach rate reduction period is worked out as follows:

Special benefit rate calculator for administrative breach rate reduction period

This is how to work out a person’s rate of special benefit for an administrative breach rate reduction period that applies to the person.

Method statement

Step 1.   Work out the person’s maximum payment rate, being:

               (a)     if the person has not turned 21—the amount that would be the person’s maximum basic rate if the Youth Allowance Rate Calculator applied to the person; and

               (b)     if the person has turned 21—the amount that would be the person’s maximum basic rate calculated under Table B of Module B of Benefit Rate Calculator B.

Step 2.   Work out the rate reduction amount in accordance with subsection (2).

Step 3.   Take the rate reduction amount away from the rate of special benefit determined by the Secretary under section 746:

              the result (which may be a nil rate) is called the administrative breach reduced rate.

        758(2)  A person’s rate reduction amount is worked out as follows:

Subdivision EEffect of industrial action on rate of special benefit payable to persons who are nominated visa holders

759  Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders

        759(1)  If:

                     (a)  a person who is a nominated visa holder is receiving special benefit; and

                     (b)  while the person is receiving that benefit the person becomes engaged in industrial action, or in a series of industrial actions, that leads to the person’s unemployment or to a decrease in the person’s level of income;

the rate of special benefit payable to the person is to be determined as if the person had continued, for the period of that industrial action, to be employed and to receive income at the level at which it would have been received if the person had not engaged in that action.

        759(2)  Subsection (1) does not apply in relation to a person if the Secretary is satisfied:

                     (a)  that the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

                     (b)  the people or some of the people were members of a trade union that was involved in the industrial action; and

                     (c)  the person was not a member of the trade union during the period of the industrial action.

        759(3)  Subject to subsection (4), subsections (1) and (2) do not affect the rate of special benefit payable to a person in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

        759(4)  If the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:

                     (a)  a State industrial authority within the meaning of section 4 of the Workplace Relations Act; or

                     (b)  the Australian Industrial Relations Commission; or

                     (c)  the Federal Court; or

                     (d)  the Federal Magistrates Court;

the rate of special benefit payable to a person is to continue to be determined in accordance with subsection (1) but subject to subsection (2) until the end of a period of 6 weeks after the relevant industrial action or series of industrial actions has stopped.


 

Division 9Bereavement payments

Subdivision AADeath of partner

768A  Qualification for payments under this Subdivision

     768A(1)  If:

                     (a)  a person is receiving a special benefit; and

                     (b)  the person is a long-term social security recipient; and

                     (c)  the person is a member of a couple; and

                     (d)  the person’s partner dies; and

                     (e)  immediately before the partner died, the partner:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a service pension or income support supplement; or

                            (iii)  was a long-term social security recipient; and

                      (f)  on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 768D (person’s continued rate) on that payday; and

                             (ii)  the amount (if any) that would otherwise be payable to the person, under section 768B (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       section 768B provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2:       section 768C provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

Note 3:       for long-term social security recipient see subsection 23(1).

     768A(2)  A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

     768A(3)  An election under subsection (2):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the person has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

     768A(4)  If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which newstart allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 768D.

768B  Continued payment of partner’s pension or benefit

                   If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.

768C  Lump sum payable in some circumstances

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Add up:

               (a)     the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and

               (b)     the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;

              the result is called the combined rate.

Step 2.   Work out the amount that, but for section 768D, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 3.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 4.   Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 5.   Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.

768D  Adjustment of a person’s special benefit rate

                   If:

                     (a)  a person is qualified for payments under this Subdivision; and

                     (b)  the person does not elect under subsection 768A(2) not to receive payments under this Subdivision;

the rate of the person’s special benefit during the bereavement period is worked out as follows:

                     (c)  during the bereavement rate continuation period, the rate of special benefit payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died;

                     (d)  during the bereavement lump sum period (if any), the rate at which special benefit is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.

768E  Effect of death of person entitled to payments under this Subdivision

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the person dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the person’s partner before the person dies;

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Add up:

               (a)     the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and

               (b)     the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died;

              the result is called the combined rate.

Step 2.   Work out the amount that, but for section 768D, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 3.   Take the person’s individual rate away from the combined pensioner couple rate: the result is called the partner’s instalment component.

Step 4.   Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 5.   Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

768F  Matters affecting payments under this Subdivision

      768F(1)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the person has not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

                     (e)  the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

      768F(2)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.


 

Part 2.15APartner allowance

Division 1AApplication of Part

771  Time limits on claims for partner allowance

        771(1)  In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a partner allowance under this Part unless:

                     (a)  the person’s claim for the allowance:

                              (i)  was lodged before 20 September 2003; or

                             (ii)  is taken, because of the operation of section 12, 13 or 15 of the Administration Act, to have been made before 20 September 2003; and

                     (b)  the person was qualified for the allowance:

                              (i)  in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and

                             (ii)  in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.

        771(2)  Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a partner allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date.

        771(3)  Nothing in this section affects the operation of section 85 of the Administration Act.


 

Division 1Qualification for and payability of partner allowance

Subdivision AQualification for partner allowance

771HA  Qualification for partner allowance

  771HA(1)  Subject to subsections (1A) and (3), and section 771HB, a person is qualified for a partner allowance in respect of a period if:

                     (a)  throughout the period, the person is a member of a couple; and

                     (b)  throughout the period, the person’s partner is at least 21; and

                     (c)  the person’s partner is receiving:

                              (i)  youth allowance, austudy payment, newstart allowance, sickness allowance, special benefit, rehabilitation allowance, age pension, disability support pension, mature age allowance, service pension or income support supplement; or

                             (ii)  assistance under a Student Financial Supplement Scheme or an income tested living allowance under an Aboriginal study assistance scheme; and

                     (d)  throughout the period, the person is an Australian resident; and

                     (e)  the person was born on or before 1 July 1955; and

                      (f)  the person is not qualified for parenting payment at any time during the period; and

                     (h)  the person does not have recent workforce experience.

Note 1:       For member of a couple see section 4.

Note 2:       For Australian resident see section 7.

771HA(1A) If the Secretary determines under section 36 of the Administration Act that a person’s claim for partner allowance is to be granted, the person’s partner need not satisfy the requirements of paragraph (1)(c) in order for the person to remain qualified for the allowance.

771HA(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:

                     (a)  Subdivision D of Division 2 of Part 2.11; or

                     (b)  Subdivision E of Division 2 of Part 2.11A; or

                     (c)  Subdivision F of Division 1 of Part 2.12; or

                     (d)  section 634;

the partner is taken to be receiving newstart allowance.

771HA(1BA)    For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving youth allowance if the person’s partner would be receiving youth allowance except for the imposition of:

                     (a)  a period of non-payment under Subdivision D of Division 2 of Part 2.11; or

                     (b)  an employment-related exclusion under section 553A or 553B.

771HA(1BB)    For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving austudy payment if the person’s partner would be receiving austudy payment except for the imposition of a period of non-payment under Subdivision E of Division 2 of Part 2.11A.

771HA(1C)  For the purposes of paragraph (1)(h), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the day the person lodged the claim for the allowance.

Person subject to waiting period or non-payment period

  771HA(3)  If youth allowance, austudy payment, newstart allowance or sickness allowance is not payable to a person because:

                     (a)  the person is serving a waiting period; or

                     (b)  a period of non-payment applies to the person under:

                              (i)  Subdivision D of Division 2 of Part 2.11; or

                             (ii)  Subdivision E of Division 2 of Part 2.11A; or

                            (iii)  Subdivision F of Division 1 of Part 2.12; or

                            (iv)  section 634; or

                     (c)  the person is subject to an employment-related exclusion for a period under section 553B or 553C;

the person is not qualified for a partner allowance throughout the period.

Note 1:       For waiting period see subsection 23(1).

Person subject to an activity test breach rate reduction period

771HA(3A) If an activity test breach rate reduction period applies to a person under Subdivision B of Division 5 of Part 2.11, Subdivision B of Division 5 of Part 2.11A or Subdivision AA of Division 4 of Part 2.12, the person is not qualified for partner allowance throughout the period.

Person subject to an administrative breach rate reduction period

771HA(3B)  If an administrative breach rate reduction period applies to a person under Subdivision C of Division 5 of Part 2.11, Subdivision C of Division 5 of Part 2.11A or Subdivision B of Division 4 of Part 2.12, the person is not qualified for partner allowance throughout the period.

771HB  Unemployment due to industrial action

  771HB(1)  If a person is unemployed during a period, the person is not qualified for a partner allowance in respect of the period unless the Secretary is satisfied that the person’s unemployment during the period was not due to the person being, or having been, engaged in industrial action or a series of industrial actions.

  771HB(2)  For the purposes of subsection (1) and without limiting that subsection, a person is to be taken not to be, or to have been, engaged in industrial action or in a series of industrial actions if the Secretary is satisfied:

                     (a)  the person’s unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

                     (b)  the people, or some of the people, were members of a trade union which was involved in the industrial action; and

                     (c)  the person was not a member of the trade union during the period.

  771HB(3)  Subject to subsection (4), subsection (1) does not prevent a person from being qualified for a partner allowance in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

Note:          For industrial action, trade union and unemployment see section 16.

  771HB(4)  Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by a State industrial authority, the Australian Industrial Relations Commission, the Federal Court or the Federal Magistrates Court, a person is not qualified for a partner allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.

Note:          For State industrial authority see section 4 of the Workplace Relations Act.

Subdivision BPayability of partner allowance

771HC  Partner allowance not payable if allowance rate nil

  771HC(1)  Subject to subsection (2), a partner allowance is not payable to a person if the person’s partner allowance rate would be nil.

  771HC(2)  Subsection (1) does not apply to a person if the person’s partner allowance rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  Part 2.23 of this Act; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

771HF  Assets test—allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]

   771HF(1)  A partner allowance is not payable to a person if the value of the person’s assets exceeds the person’s assets value limit.

Note:          The value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection (3)).

   771HF(2)  A person’s assets value limit is worked out using the following Table:

 

Assets value limit table

Column 1

Item

Column 2

Person’s situation

Column 3

Assets value limit

1.

Person or partner a homeowner

$80,250.00

2.

Neither person nor partner a homeowner

$120,500.00

Note 1:       For homeowner see section 11.

Note 2:       The assets value limits in column 3 are indexed annually in line with CPI increases (see sections 1191 to 1194).

   771HF(3)  The value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner.

   771HF(4)  The amounts in column 3 of the Assets Value Limit Table are to be indexed on 1 July 1994 as if this section and items 79A and 79B of Schedule 2 had commenced on 30 June 1993.

771HI  Multiple entitlement exclusion

    771HI(1)  A partner allowance is not payable to a person if the person is already receiving a service pension.

    771HI(2)  If:

                     (a)  a person is receiving a partner allowance; and

                     (b)  a social security pension, another social security benefit or a service pension becomes payable to the person;

a partner allowance is not payable to the person.

Note 1:       Another payment type will generally not become payable to the person until the person claims it.

    771HI(3)  A partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

    771HI(4)  A partner allowance is not payable to a person if the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.

Note:          For MRCA see subsection 23(1).

771HJ  Educational schemes exclusion

                   A partner allowance is not payable to a person for a period if the person is receiving a payment for that period under:

                     (b)  the ABSTUDY Scheme; or

                     (c)  a Student Financial Supplement Scheme.

771HK  Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

                   The maximum basic rate, and the remote area allowance, of partner allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1:       For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2:       For CDEP Scheme participant see subsection 23(1).

771HNA  Newly arrived resident’s waiting period

771HNA(1) Subject to this section, a person who:

                     (a)  has entered Australia on or after 1 January 1993; and

                     (b)  has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

is subject to a newly arrived resident’s waiting period.

771HNA(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a partner allowance.

Note:          For qualifying residence exemption see subsection 7(6).

771HNA(4) Subsection (1) does not apply to a person if:

                     (a)  the person is already subject to a newly arrived resident’s waiting period; or

                     (b)  the person has already served a newly arrived resident’s waiting period; or

                     (c)  the person:

                              (i)  has previously entered Australia before 1 January 1993; and

                             (ii)  held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

771HNA(5) Subsection (1) does not apply to a person if:

                     (a)  the person is a New Zealand citizen; and

                     (b)  the person was an Australian resident on 1 February 2000.

771HNB  Duration of newly arrived resident’s waiting period

771HNB(1)  If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.

771HNB(3)  The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note:          This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

771HNC  Seasonal workers

771HNC(1)  This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for partner allowance, the person, or the person’s partner, has been engaged in seasonal work.

Note:          For seasonal work see subsection 16A(1).

771HNC(2)  Partner allowance is not payable to the person:

                     (a)  if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

                     (b)  if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

Note:          For seasonal work preclusion period see subsection 16A(1).

771HNC(3)  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

                     (a)  the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

                     (b)  the determination has effect accordingly.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).


 

Division 4Rate of partner allowance

771KA  Rate of partner allowance if partner is not receiving special benefit

                   If section 771KE does not apply to a person, the person’s rate of partner allowance is worked out using the Benefit Rate Calculator B at the end of section 1068.

771KE  Rate of partner allowance if partner receiving special benefit

   771KE(1)  If a person’s partner is receiving a special benefit, the person’s rate of partner allowance is the fortnightly rate determined by the Secretary in his or her discretion.

   771KE(2)  Subject to Part 2.24 (major disaster), the rate of a person’s partner allowance is not to exceed the rate at which youth allowance, austudy payment or newstart allowance would be payable to the person if:

                     (a)  the person were qualified for youth allowance, austudy payment or newstart allowance; and

                     (b)  youth allowance, austudy payment or newstart allowance were payable to the person.

Note:          For double payments in the case of a major disaster see Part 2.24.

771KN  CDEP Scheme participant may accumulate partner allowance

  771KN(1)  A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any partner allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

  771KN(2)  If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

                     (a)  unless paragraph (b) applies, the last day of the quarter; or

                     (b)  if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

  771KN(3)  In this section:

quarter means a CDEP Scheme quarter.

Note 1:       For CDEP Scheme participant see section 1188B.

Note 2:       For CDEP Scheme quarter see subsection 23(1).


 

Division 9Bereavement payments

Subdivision ASurviving partner and deceased partner defined

771NT  Surviving partner and deceased partner

                   If:

                     (a)  a person is receiving partner allowance; and

                     (b)  the person’s partner dies;

then, for the purposes of this Division:

                     (c)  the person is the surviving partner; and

                     (d)  the person’s partner is the deceased partner.

Subdivision BPerson to continue to receive partner allowance where person’s partner dies

771NU  Continuation of partner allowance for bereavement period

  771NU(1)  If:

                     (a)  a person is receiving partner allowance; and

                     (b)  the person’s partner dies; and

                     (c)  immediately before the deceased partner died:

                              (i)  if the deceased partner was receiving a social security pension, a service pension or income support supplement—the surviving partner was a long-term social security recipient; or

                             (ii)  if the deceased partner was receiving a social security benefit or a job search allowance—each partner was a long-term social security recipient;

the surviving partner remains qualified for partner allowance during the bereavement period as if:

                     (d)  the deceased partner had not died; and

                     (e)  the deceased partner had continued to receive newstart allowance, sickness allowance, special benefit, rehabilitation allowance, age pension, disability support pension, mature age allowance, service pension or income support supplement; and

                      (f)  the surviving partner and the deceased partner had continued to be members of a couple.

Rate of partner allowance during bereavement rate continuation period

  771NU(2)  The surviving partner’s partner allowance rate during the bereavement rate continuation period is the rate of the partner allowance that would have been payable to the surviving partner if:

                     (a)  the deceased partner had not died; and

                     (b)  if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.

Rate of partner allowance during the bereavement lump sum period

  771NU(3)  The surviving partner’s partner allowance rate during the bereavement lump sum period (if any) is worked out as follows:

                    (aa)  if the deceased partner was receiving a youth allowance or an austudy payment immediately before he or she died, the rate of partner allowance is the rate at which a partner allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for youth allowance or austudy payment (as the case may be); and

                             (ii)  the surviving partner was not a member of a couple;

                     (b)  if the deceased partner was receiving newstart allowance immediately before he or she died, the rate of partner allowance is the rate at which newstart allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for newstart allowance; and

                             (ii)  the surviving partner was not a member of a couple;

                     (c)  if the deceased partner was receiving sickness allowance immediately before he or she died, the rate of partner allowance is the rate at which sickness allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for sickness allowance; and

                             (ii)  the surviving partner was not a member of a couple;

                     (d)  if the deceased partner was receiving special benefit immediately before he or she died, the rate of partner allowance is the rate at which special benefit would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for special benefit; and

                             (ii)  the surviving partner was not a member of a couple;

                     (e)  if the deceased partner was receiving rehabilitation allowance, age pension, disability support pension or mature age allowance immediately before he or she died, the rate of partner allowance is the rate at which newstart allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for newstart allowance; and

                             (ii)  the surviving partner was not a member of a couple.

Note 1:       For long-term social security recipient see subsection 23(1).

Note 2:       For bereavement period, bereavement rate continuation period and bereavement lump sum period see section 21.

Subdivision CBereavement payments for person receiving partner allowance following death of the person’s partner

771NV  Qualification for payments under this Subdivision

  771NV(1)  If:

                     (a)  a person is receiving partner allowance; and

                     (b)  the person’s partner dies; and