Social Security (Coronavirus Economic Response—2020 Measures No. 2) Determination 2020

Dated 25 March 2020

Anne Ruston

Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

Part 2—Qualification                                                                                                                                     2

4............ Qualification for youth allowance.................................................................................. 2

5............ Qualification for jobseeker payment.............................................................................. 3

6............ Qualification for crisis payment—national health emergency........................................ 4

Part 3—COVID‑19 supplement                                                                                                              5

7............ COVID‑19 supplement—austudy payment.................................................................. 5

Part 1—Preliminary

1  Name

                   This instrument is the Social Security (Coronavirus Economic Response—2020 Measures No. 2) Determination 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the following provisions of the Social Security Act 1991:

                     (a)  subsection 540BA(2);

                     (b)  subsection 593(6);

                     (c)  subsection 1061JIA(2);

                     (d)  subsection 1210B(2).

Part 2—Qualification

4  Qualification for youth allowance

             (1)  For the purposes of paragraph 540BA(1)(a) of the Social Security Act 1991, the requirements are:

                     (a)  the Secretary is satisfied that:

                              (i)  the person became unemployed as a result of the adverse economic effects of the coronavirus known as COVID‑19; and

                             (ii)  the person is covered by subsection (2); or

                     (b)  if the person is self‑employed or is a sole trader—the Secretary is satisfied that:

                              (i)  the person’s business was suspended, or suffered a reduction in turnover, as a result of the adverse economic effects of the coronavirus known as COVID‑19; and

                             (ii)  the person is covered by subsection (2); or

                     (c)  the Secretary is satisfied that:

                              (i)  the person’s working hours were reduced (including to zero) as a result of the adverse economic effects of the coronavirus known as COVID‑19; and

                             (ii)  the person is covered by subsections (2) and (3); or

                     (d)  the Secretary is satisfied that:

                              (i)  the person is in quarantine or self‑isolation as a result of advice from, or a requirement made by, the Commonwealth, a State or a Territory or a health professional regarding the coronavirus known as COVID‑19, or is caring for an immediate family member or a member of the person’s household who is in such quarantine or self‑isolation, throughout the relevant period; and

                             (ii)  as a result of the circumstance in subparagraph (i), the person’s working hours were reduced (including to zero); and

                            (iii)  the person is covered by subsections (2) and (3).

             (2)  A person is covered by this subsection if, throughout the relevant period, the person satisfies the activity test or is not required to satisfy the activity test.

             (3)  A person is covered by this subsection if the Secretary is satisfied that:

                     (a)  the person is not entitled to receive a leave payment in respect of the relevant period; or

                     (b)  the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the relevant period; or

                     (c)  the person is receiving a leave payment in respect of the relevant period but, as a result of the adverse economic effects of the coronavirus known as COVID‑19, the payment is less than it would otherwise have been; or

                     (d)  the person is receiving a leave payment in respect of the relevant period, but the total amount of the leave payment in the period is less than the amount of youth allowance that would be payable to the person in the period if the person’s claim were granted.

5  Qualification for jobseeker payment

             (1)  For the purposes of paragraph 593(5)(a) of the Social Security Act 1991, the requirements are:

                     (a)  the Secretary is satisfied that:

                              (i)  the person became unemployed as a result of the adverse economic effects of the coronavirus known as COVID‑19; and

                             (ii)  the person is covered by subsection (2); or

                     (b)  if the person is self‑employed or is a sole trader—the Secretary is satisfied that:

                              (i)  the person’s business was suspended, or suffered a reduction in turnover, as a result of the adverse economic effects of the coronavirus known as COVID‑19; and

                             (ii)  the person is covered by subsection (2); or

                     (c)  the Secretary is satisfied that:

                              (i)  the person’s working hours were reduced (including to zero) as a result of the adverse economic effects of the coronavirus known as COVID‑19; and

                             (ii)  the person is covered by subsections (2) and (3); or

                     (d)  the Secretary is satisfied that:

                              (i)  the person is in quarantine or self‑isolation as a result of advice from, or a requirement made by, the Commonwealth, a State or a Territory or a health professional regarding the coronavirus known as COVID‑19, or is caring for an immediate family member or a member of the person’s household who is in such quarantine or self‑isolation, throughout the relevant period; and

                             (ii)  as a result of the circumstance in subparagraph (i), the person’s working hours were reduced (including to zero); and

                            (iii)  the person is covered by subsections (2) and (3).

             (2)  A person is covered by this subsection if, throughout the relevant period, the person satisfies the activity test or is not required to satisfy the activity test.

             (3)  A person is covered by this subsection if the Secretary is satisfied that:

                     (a)  the person is not entitled to receive a leave payment in respect of the relevant period; or

                     (b)  the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the relevant period; or

                     (c)  the person is receiving a leave payment in respect of the relevant period but, as a result of the adverse economic effects of the coronavirus known as COVID‑19, the payment is less than it would otherwise have been; or

                     (d)  the person is receiving a leave payment in respect of the relevant period, but the total amount of the leave payment in the period is less than the amount of jobseeker payment that would be payable to the person in the period if the person’s claim were granted.

6  Qualification for crisis payment—national health emergency

                   For the purposes of paragraph 1061JIA(1)(b) of the Social Security Act 1991, the following requirements are determined:

                     (a)  the Secretary is satisfied that the person is in financial hardship;

                     (b)  the Secretary is satisfied that the person:

                              (i)  is in quarantine or self‑isolation as a result of advice from, or a requirement made by, the Commonwealth, a State or a Territory or a health professional regarding the coronavirus known as COVID‑19; or

                             (ii)  is caring for an immediate family member, or a member of the person’s household, who is covered by subparagraph (i).

Part 3—COVID‑19 supplement

7  COVID‑19 supplement—austudy payment

             (1)  For the purposes of paragraph 1210B(1)(b) of the Social Security Act 1991, austudy payment is determined.

             (2)  For the purposes of paragraph 1210B(1)(c) of the Social Security Act 1991, the period is the period:

                     (a)  beginning on 27 April 2020; and

                     (b)  ending at the end of the period of 6 months beginning on the day on which this instrument commences.

             (3)  For the purposes of paragraph 1210B(1)(d) of the Social Security Act 1991, the fortnightly amount is $550.