Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 At the end of subsection 94(1)
Add:
; and (f) the person is not qualified for disability support pension under section 94A.
2 Subsection 94(2)
Repeal the subsection, substitute:
(2) A person has a continuing inability to work because of an impairment if the Secretary is satisfied that:
(a) the impairment is of itself sufficient to prevent the person from doing any work independently of a program of support within the next 2 years; and
(b) either:
(i) the impairment is of itself sufficient to prevent the person from undertaking a training activity during the next 2 years; or
(ii) if the impairment does not prevent the person from undertaking a training activity--such activity is unlikely (because of the impairment) to enable the person to do any work independently of a program of support within the next 2 years.
Note: For work see subsection ( 5).
3 Paragraph 94(3)(a)
Omit "educational or vocational training or on - the - job training", substitute "a training activity".
4 Paragraph 94(3)(b)
Omit "if subsection ( 4) does not apply to the person--".
5 Subsection 94(4)
Repeal the subsection, substitute:
(4) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person:
(a) is unlikely to need a program of support that:
(i) is designed to assist the person to prepare for, find or maintain work; and
(ii) is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or
(b) is likely to need such a program of support provided occasionally; or
(c) is likely to need such a program of support that is not ongoing.
6 Subsection 94(5) (definition of educational or vocational training )
Repeal the definition.
7 Subsection 94(5) (definition of on - the - job training )
Repeal the definition.
8 Subsection 94(5)
Insert:
"training activity" means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments:
(a) education;
(b) pre - vocational training;
(c) vocational training;
(d) vocational rehabilitation;
(e) work - related training (including on - the - job training).
9 Subsection 94(5) ( paragraph ( a) of the definition of work )
Omit "30", substitute "15".
10 After section 94
Insert:
94A Qualification for disability support pension--person transferring to that pension
Qualification
(1) Subject to subsections ( 6) and (7), a person is qualified for a disability support pension if:
(a) either:
(i) on or after 1 July 2006, the Secretary considered or reviewed the person's capacity to work in connection with a social security benefit or social security entitlement; or
(ii) if the person has previously qualified for disability support pension under this section--the Secretary last considered or reviewed the person's capacity to work in connection with a social security benefit or social security entitlement; and
(b) as at the date of that consideration or review, the Secretary was satisfied that the person had a current inability to work because of a physical, intellectual or psychiatric impairment; and
(c) immediately before qualifying for disability support pension under this section, the person was receiving a social security benefit or a social security entitlement (other than a disability support pension); and
(d) the person has a physical, intellectual or psychiatric impairment that is 20 points or more under the Impairment Tables; and
Note: For Impairment Tables see subsection 23(1) and Schedule 1B.
(e) after the end of a period of at least 2 years (the 2 year period ) since the date of the consideration or review, the Secretary reviews the person's capacity to work (the 2 year review ) in connection with the benefit or entitlement referred to in paragraph ( c); and
(f) the 2 year review is the first review, after the end of the 2 year period, of the person's capacity to work in connection with that benefit or entitlement; and
(g) the Secretary is satisfied that the person has a current inability to work because of the impairment mentioned in paragraph ( d); and
(h) the person has been receiving a social security benefit or a social security entitlement in respect of a continuous period between the date of the consideration or review and the date of the 2 year review (whether or not the kind of payment received has changed over the period); and
Note: 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.
(i) either:
(i) the person undertook such training activities during the 2 year period as were required under an agreement with the Secretary; or
(ii) if the person was not required (whether under an agreement with the Secretary or not) to undertake training activities during the 2 year period--the person undertook during that period the type and number of training activities that the Secretary considers were appropriate for the person; and
(j) the person meets the residency test in subsection ( 5); and
(k) the person has turned 16.
(2) A person has a current inability to work because of an impairment if the Secretary is satisfied that the impairment is of itself sufficient to prevent the person from doing any work independently of a program of support.
Note: For work see subsection ( 8).
(3) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person:
(a) is unlikely to need a program of support that:
(i) is designed to assist the person to prepare for, find or maintain work; and
(ii) is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or
(b) is likely to need such a program of support provided occasionally; or
(c) is likely to need such a program of support that is not ongoing.
(4) In deciding whether or not a person has a current inability to work because of an impairment, the Secretary is not to have regard to the availability to the person of work in the person's locally accessible labour market.
(5) A person meets the residency test if the person:
(a) is an Australian resident at the time when the person first satisfies paragraph ( 1)(b); or
(b) has 10 years qualifying Australian residence, or has a qualifying residence exemption for a disability support pension; or
(c) is born outside Australia and, at the time when the person first satisfies paragraph ( 1)(b), the person:
(i) is not an Australian resident; and
(ii) is a dependent child of an Australian resident;
and the person becomes an Australian resident while a dependent child of an Australian resident.
Note: For Australian resident, qualifying Australian residence and qualifying residence exemption see section 7.
Person not qualified in certain circumstances
(6) A person is not qualified for a disability support pension on the basis of a current inability to work if the person brought about the inability with a view to obtaining:
(a) a disability support pension or a sickness allowance; or
(b) an exemption, because of the person's incapacity, from the requirement to satisfy the activity test for the purposes of a social security benefit or a social security entitlement (other than a disability support pension).
Note: A person who is receiving a disability support pension may be automatically transferred to the age pension if the person becomes qualified for the age pension (see section 12 of the Administration Act).
When person ceases to be qualified
(7) Unless ceasing to be qualified for a disability support pension under this section sooner, a person ceases to be so qualified from the date of effect of the first decision about the person's capacity to work following a review of that capacity.
Definitions
(8) In this section:
"training activity" means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments:
(a) education;
(b) pre - vocational training;
(c) vocational training;
(d) vocational rehabilitation;
(e) work - related training (including on - the - job training).
"work" means work:
(a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and
(b) that exists in Australia, even if not within the person's locally accessible labour market.
11 Paragraph 729(2A)(a)
After "94", insert ", 94A".
12 Paragraph 1061ZD(2)(b)
Omit "30", substitute "15".
13 Application and transitional provisions
(1) The amendments of the Social Security Act 1991 made by this Part apply in relation to any claim, and any payment of pension as a result of such a claim, by a person for a disability support pension made on or after 1 July 2006.
(2) Subject to subitem ( 3), the Social Security Act 1991 applies to any claim by a person for a disability support pension made before 1 July 2006, and any payment of pension as a result of such a claim, as if the amendments referred to in subitem ( 1) had not been made.
(3) If:
(a) on or after 1 July 2006, a notice under subsection 63(2) or 64(2) of the Administration Act is given to a person who made a claim for a disability support pension on or after 11 May 2005 and before 1 July 2006; and
(b) under the notice, the person is required to undertake a specified activity for the purpose of reviewing his or her capacity to perform work;
then the amendments of the Social Security Act 1991 referred to in subitem ( 1) apply to the person from the date of the notice.
Part 2 -- Seasonal work preclusion period
14 At the end of Subdivision B of Division 1 of Part 2.3 of Chapter 2
Add:
104 Seasonal workers--preclusion period
(1) This section applies if:
(a) a person has lodged a claim for disability support pension; and
(b) the person qualifies, under section 94, for disability support pension; and
(c) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person's partner, has been engaged in seasonal work.
Note: For seasonal work see subsection 16A(1).
(2) Disability support pension 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).
(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) or subsection 19C(3) (person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
15 Application provision
The amendment made by this Part applies in relation to claims for disability support pension made on or after 20 September 2006.
Part 3 -- Approved program of work supplement
16 At the end of Division 5 of Part 2.3 of Chapter 2
Add:
118 Approved program of work supplement
If a person:
(a) is receiving a disability support pension; and
(b) is participating in an approved program of work for income support payment;
the rate of the person's disability support pension 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.
119 Approved program of work supplement not payable in certain circumstances
An approved program of work supplement is not payable to a person in respect of a fortnight if pensioner education supplement under Part 2.24A or under ABSTUDY is payable to the person in respect of a day in the fortnight.
120 Effect of participation in an approved program of work for income support payment
A person is not taken 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 ;
merely by participating in an approved program of work for income support payment in accordance with the terms of an agreement with the Secretary for the purposes of this Part.
17 Subparagraph 1223(7)(b)(iv)
Before "parenting payment" (wherever occurring), insert "disability support pension,".