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EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION AMENDMENT (WELFARE TO WORK AND OTHER MEASURES) ACT 2005 - SCHEDULE 3

Carer payment

 

Social Security Act 1991

1   At the end of Subdivision B of Division   1 of Part   2.5 of Chapter   2

Add:

203   Seasonal workers--preclusion period

  (1)   This section applies if:

  (a)   a person has lodged a claim for carer payment; and

  (b)   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)   Carer payment 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).

2   Application provision

The amendment made by this Schedule applies in relation to claims for carer payment made on or after 20   September 2006.




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