Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subparagraph 94(1)(e a )(ii)
Omit " person ; and", substitute " person .".
2 Paragraph 94(1)(f)
Repeal the paragraph.
3 Before paragraph 94(2)(a)
Insert:
(aa) in a case where the person's impairment is not a severe impairment within the meaning of subsection (3B)--the person has actively participated in a program of support within the meaning of subsection (3C); and
Note: The following heading to subsection 94(2) is inserted " Continuing inability to work ".
4 Paragraph 94(2)(a)
Before "the impairment", insert "in all cases--".
5 Paragraph 94(2)(b)
Before "either", insert "in all cases--".
6 After subsection 94(3)
Insert:
(3A) If:
(a) a person is receiving disability support pension; and
(b) the Secretary gives the person a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person's qualification for that pension;
then paragraph (2)(aa) of this section does not apply in relation to that assessment.
Severe impairment
(3B) A person's impairment is a severe impairment if the person's impairment is of 20 points or more under the Impairment Tables, of which 20 points or more are under a single Impairment Table.
Example 1: A person's impairment is of 30 points under the Impairment Tables, made up of 20 points under one Impairment Table and 10 points under another Impairment Table. The person has a severe impairment.
Example 2: A person's impairment is of 40 points under the Impairment Tables, made up of 20 points under one Impairment Table and 20 points under another Impairment Table. The person has a severe impairment.
Example 3: A person's impairment is of 20 points under the Impairment Tables, made up of 10 points each under 2 separate Impairment Tables. The person does not have a severe impairment.
Active participation in a program of support
(3C) A person has actively participated in a program of support if the person has satisfied the requirements specified in a legislative instrument made by the Minister for the purposes of this subsection.
(3D) The Secretary must comply with any guidelines in force under subsection (3E) in deciding whether the Secretary is satisfied as mentioned in paragraph (2)(aa).
(3E) The Minister may, by legislative instrument, make guidelines for the purposes of subsection (3D).
7 Paragraph 94(4)(a)
Repeal the paragraph, substitute:
(a) is unlikely to need a program of support; or
Note: The following heading to subsection 94(4) is inserted " Doing work independently of a program of support ".
8 Paragraphs 94(4)(b) and (c)
Omit "such".
9 Subsection 94(5)
Insert:
"program of support" means a program that:
(a) is designed to assist persons to prepare for, find or maintain work; and
(b) either:
(i) is funded (wholly or partly) by the Commonwealth; or
(ii) is of a type that the Secretary considers is similar to a program that is designed to assist persons to prepare for, find or maintain work and that is funded (wholly or partly) by the Commonwealth.
Note: The following heading to subsection 94(5) is inserted " Other definitions ".
10 Section 94A
Repeal the section.
11 Paragraph 729(2A)(a)
Omit ", 94A".
12 Application and saving
(1) The amendments made by items 1 to 9 apply in relation to a person who makes a claim, or who is taken to have made a claim, for disability support pension on or after the commencement of those items.
Note: Sections 12, 13 and 15 of the Administration Act and clause 4 of Schedule 2 to that Act deal with claims for disability support pension that are taken to have been made.
(2) Despite the amendment made by item 10, if:
(a) a person made a claim for disability support pension under section 94A of the Social Security Act 1991 before the commencement of that item and, immediately before that commencement, the claim had not been finally determined; or
(b) a person was receiving disability support pension under that section immediately before the commencement of that item;
then that section, as in force immediately before that commencement, continues to apply on and after that commencement for the purposes of working out the person's qualification for disability support pension under that section.