Federal Register of Legislation - Australian Government

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Specifications as made
This Specification provides that certain classes of people for whom an unemployment non-payment period, that was applied because the person was unemployed as a result of a voluntary act or misconduct, may be ended by the Secretary.
Administered by: Employment, Skills, Small and Family Business
Registered 30 Jun 2009
Tabling HistoryDate
Tabled HR11-Aug-2009
Tabled Senate11-Aug-2009

I, JEFF HARMER, Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, make this instrument under subsection 42S(5) of the Social Security (Administration) Act 1999.


Dated               26th June                                  2009

 

 

 

J Harmer


Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs


1              Name

                This Instrument is the Social Security (Administration) (Ending Unemployment Non-payment Periods — Classes of Persons) (FaHCSIA) Specification 2009 (No. 1).

2              Commencement

                This Instrument commences on 1 July 2009.

3              Definitions

                In this Instrument:

1991 Act means the Social Security Act 1991.

Administration Act means the Social Security (Administration) Act 1999.

dependent child has the meaning given by section 5 of the 1991 Act.

4              Specification of classes of persons

         (1)   For paragraph 42S(4)(b) of the Administration Act, the following classes of persons are specified:

(a)persons who have significant family and caring responsibilities, including persons with a dependent child;

(b)        persons who have an illness, impairment or condition that requires treatment, and who cannot afford the treatment after meeting their essential expenses;

(c)persons who have a cognitive, neurological, psychiatric or psychological impairment or mental illness;

(d)        persons who do not have access to safe, secure and adequate housing, or are using emergency accommodation or a refuge.

         (2)   Without limiting paragraph (1)(d), a person is taken not to have access to safe, secure and adequate housing if:

                (a)    the housing to which the person has access:

                          (i)    damages, or is likely to damage, the person’s health; or

                         (ii)    threatens or is likely to threaten the person’s safety; or

                         (iii)    does not provide the person with access to a reasonable level of personal amenities or the economic and social support that housing normally affords; or

               (b)    in the circumstances, the adequacy, safety, security or affordability of the housing to which the person has access is adversely affected or may be adversely affected; or

                (c)    the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person has access.