Commonwealth Consolidated Acts

EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION AMENDMENT (WELFARE TO WORK AND OTHER MEASURES) ACT 2005 - SCHEDULE 8

Social Security Act 1991

1   At the end of subsection 661(1)

Add:

  ; and (g)   the person is not qualified under section   663 or 663D in relation to the employment.

Note:   The heading to section   661 is replaced by the heading " Former newstart allowees (standard employment entry payment) ".

2   After section   662

Insert:

663   Former newstart or youth allowees (increased employment entry payment)

  (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

  (b)   the person's income from the employment exceeds the threshold amount; and

  (c)   immediately before the person commenced the employment, the person:

  (i)   had a partial capacity to work; and

  (ii)   was receiving newstart allowance or youth allowance; and

  (iii)   if the person was receiving youth allowance--was not undertaking full - time study and was not a new apprentice; and

Note 1:   For partial capacity to work see section   16B.

Note 2:   For undertaking full - time study see section   541B.

Note 3:   For new apprentice see subsection 23(1).

  (d)   in the Secretary's opinion the person's employment is likely to continue for more than 4 weeks; and

  (e)   the person has not received a payment under this Part within the last 12 months.

  (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 commencement of that employment, the person would (but for receiving a payment under this subsection) be qualified for a payment under subsection   ( 1);

then:

  (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; and

  (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.

  (3)   The time determined under paragraph   ( 2)(c) is not to be more than 28 days before the person is to commence the employment.

  (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.

663A   Amount of section   663 payment

    The amount of an employment entry payment under section   663 is $312.

663B   Newstart or youth allowees

    A person is qualified for an employment entry payment under this section if:

  (a)   the person is receiving newstart or youth allowance; and

  (b)   if the person is receiving youth allowance--the person is not undertaking full - time study and is not a new apprentice; and

Note 1:   For undertaking full - time study see section   541B.

Note 2:   For new apprentice see subsection 23(1).

  (c)   the person has 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)   the person has a partial capacity to work; and

Note:   For partial capacity to work see section   16B.

  (e)   either:

  (i)   the person commences employment for at least 15   hours per week on wages that are at or above the relevant minimum wage; or

  (ii)   the person's hours of employment , on wages that are at or above the relevant minimum wage, increase to at least 15 hours per week; and

  (f)   the employment, or the increase in hours worked, has continued for at least 4 consecutive weeks; and

  (g)   the person has not previously received a payment under this section in respect of that employment; and

  (h)   the person has not received a payment under another section of this Part within the last 12 months.

663C   Amount of section   663B payment

    The amount of an employment entry payment under section   663B is $312.

663D   Former newstart or youth allowees (principal carer of a child)

  (1)   A person is qualified for an employment entry payment under this section if:

  (a)   the person is the principal carer of a child; and

Note:   For principal carer see subsections 5(15) to (24).

  (b)   the person is not a member of a couple; and

Note:   For member of a couple see subsections 4(2) to (6A).

  (c)   at a particular time, the person starts to earn income from employment or the person's income from employment increases; and

  (d)   immediately before that time:

  (i)   the person was receiving newstart allowance or youth allowance; and

  (ii)   if the person was receiving youth allowance--the person was not undertaking full - time study and was not a new apprentice; and

Note 1:   For undertaking full - time study see section   541B.

Note 2:   For new apprentice see subsection 23(1).

  (e)   because of the income, or the increase in income, the person's income from employment exceeds the threshold amount; and

  (f)   the person's income from employment is, in the Secretary's opinion, likely to exceed the threshold amount for more than 4 weeks; and

  (g)   the person has not received a payment under this Part within the last 12 months.

  (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 income is to be increased; and

  (b)   on the commencement of that employment or increase in income, the person would (but for receiving a payment under this subsection) be qualified for a payment under subsection   ( 1);

then:

  (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; and

  (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.

  (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 increase.

  (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.

663E   Amount of section   663D payment

    The amount of an employment entry payment under section   663D is $104.

663F   Newstart or youth allowees (principal carer of a child)

    A person is qualified for an employment entry payment under this section if:

  (a)   the person is the principal carer of a child; and

Note:   For principal carer see subsections 5(15) to (24).

  (b)   the person is receiving newstart or youth allowance; and

  (c)   if the person is receiving youth allowance--the person is not undertaking full - time study and is not a new apprentice; and

Note 1:   For undertaking full - time study see section   541B.

Note 2:   For new apprentice see subsection 23(1).

  (d)   the person has 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.

  (e)   either:

  (i)   the person commences employment for at least 15   hours per week on wages that are at or above the relevant minimum wage; or

  (ii)   the person's hours of employment , on wages that are at or above the relevant minimum wage increase to at least 15 hours per week; and

  (f)   the employment, or the increase in hours worked, has continued for at least 4 consecutive weeks; and

  (g)   the person has not previously received a payment under this section in respect of that employment; and

  (h)   the person has not received a payment under another section of this Part within the last 12 months.

663G   Amount of section   663F payment

    The amount of an employment entry payment under section   663F is $104.

3   After section   664B

Insert:

664BA   Parenting payment recipients

    A person is qualified for an employment entry payment under this section if:

  (a)   the person is the principal carer of a child; and

Note:   For principal carer see subsections 5(15) to (24).

  (b)   the person is receiving a pension PP (single) or a benefit PP (partnered); and

  (c)   the person has 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)   either:

  (i)   the person commences employment for at least 15   hours per week on wages that are at or above the relevant minimum wage; or

  (ii)   the person's hours of employment on wages that are at or above the relevant minimum wage increase to at least 15 hours per week; and

  (e)   the employment, or the increase in hours worked, has continued for at least 4 consecutive weeks; and

  (f)   the person has not previously received a payment under this section in respect of that employment; and

  (g)   the person has not received a payment under another section of this Part within the last 12 months.

664BB   Amount of section   664BA payment

    The amount of an employment entry payment under section   664BA is $104.

Note:   The heading to section   664A is replaced by the heading " Pension PP (single) recipients ".

4   Subsection 665(1)

Omit "661, 664A,", substitute "661, 663, 663B, 663D, 663F, 664A, 664BA,".

5   Subsection 665(2)

After "661", insert ", 663".

6   Subsection 665(3)

After "section", insert "663D,".

7   After subsection 665(3)

Insert:

  (3A)   A person is not qualified for an employment entry payment under section   663B, 663F or 664BA if the claim for payment is made more than 56 days after:

  (a)   the commencement of the employment; or

  (b)   the increase in hours worked;

in respect of which the claim is made.