Commonwealth Consolidated Acts

FAMILY AND COMMUNITY SERVICES LEGISLATION AMENDMENT (AUSTRALIANS WORKING TOGETHER AND OTHER 2001 BUDGET MEASURES) ACT 2003 - SCHEDULE 5

Social Security Act 1991

1   After subsection 595(1)

Insert:

  (1A)   If a person:

  (a)   is at least 50 years old; and

  (b)   either:

  (i)   has not been required to enter into a Newstart Activity Agreement; or

  (ii)   having been required to enter into a Newstart Activity Agreement, is not, to the satisfaction of the Secretary, unreasonably delaying entering into that agreement;

the Secretary may, if the Secretary is satisfied that it is appropriate to do so, treat the person as being unemployed.

  (1B)   Subsection   (1A) does not apply to a person who is undertaking remunerative work.

2   Subparagraph 598(1)(a)(i)

Repeal the subparagraph, substitute:

  (i)   the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or

3   Subsection 598(3)

Omit "on which the person became unemployed", substitute "following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training".

4   Paragraphs 598(3A)(a) and (b)

Repeal the paragraphs, substitute:

  (a)   the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training;

  (b)   if, when the claim is made, the person's partner has ceased work--the day following the day on which the person's partner ceased work;

  (ba)   if, when the claim is made, the person's partner has ceased to be enrolled in a full time course of education or of vocational training--the day following the day on which the person's partner so ceased;

5   Paragraph 598(3B)(d)

Repeal the paragraph, substitute:

  (d)   if, when the claim is made, the person's partner has ceased work--the day following the day on which the person's partner ceased work;

  (da)   if, when the claim is made, the person's partner has ceased to be enrolled in a full time course of education or of vocational training--the day following the day on which the person's partner so ceased;

6   Paragraph 598(4A)(a)

Repeal the paragraph, substitute:

  (a)   the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or

7   At the end of section   598

Add:

  (9)   A reference in this section to the day on which a person ceased work (whether the person ceases work permanently, temporarily or by reason of being on unpaid leave) is a reference:

  (a)   except where the person is on paid leave immediately after last performing work--to the day on which the person last performed work before so ceasing; and

  (b)   if the person is on paid leave--to the last day on which the person is on that paid leave.

8   Paragraph 600(6)(a)

Repeal the paragraph.

9   At the end of subsection 601(2E)

Add:

  ; or (c)   the person is at least 50 years of age.

10   After subsection 603(1)

Insert:

  (1A)   If a person:

  (a)   is at least 50 years of age; and

  (b)   either:

  (i)   has not been required to enter into a Newstart Activity Agreement; or

  (ii)   having been required to enter into a Newstart Activity Agreement, is not, to the satisfaction of the Secretary, unreasonably delaying entering into that agreement;

the person is taken to have satisfied the activity test during the period starting when the person claimed, or is to be taken to have claimed, a newstart allowance and ending:

  (c)   if the person has been required to enter into a Newstart Activity Agreement but has failed, or is taken to have failed, to enter that agreement--when the person so failed or is taken to have so failed; or

  (d)   in any other case--when the person has entered into such an agreement.

11   Paragraph 606(1)(g)

Repeal the paragraph, substitute:

  (g)   another activity that the Secretary regards as suitable for the person and that is agreed to between the person and the Secretary.

11A   After subsection 606(1)

Insert:

  (1A)   If the person is at least 50 years of age but less than 60 years of age, the particular number of job vacancies shall not exceed 24 per 12 weeks in the period specified in the notice.

  (1AB)   If the person is at least 60 years of age, the particular number of job vacancies shall not exceed 12 per 12 weeks in the period specified in the notice.

  (1AC)   Subsection   (1A) does not apply unless the person has been receiving an income support payment for a continuous period of at least 9 months and the person satisfies the Secretary that the person has no recent workforce experience.

11B   Subsection 606(4)

Repeal the subsection, substitute:

  (4)   In having regard to a person's capacity to comply with an agreement, the Secretary is to take into account, but is not limited to the following matters:

  (a)   the person's education, experience, skills, age, disability, illness, mental and physical condition; and

  (b)   the state of the local labour market and the transport options available to the person in accessing that market; and

  (c)   the participation opportunities available to the person; and

  (d)   the family and caring responsibilities of the person; and

  (e)   the length of travel time required for compliance with the agreement, by reference to what constitutes unreasonably difficult commuting for the purposes of paragraph 601(2A)(g); and

  (f)   the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and

  (g)   any other matters that the Secretary or the person considers relevant in the circumstances.

11C   Paragraph 606(5)(a)

After "varied", insert "(in negotiation with the person)".

11D   After subsection 606(5)

Insert:

  (5A)   Within 14 days of the terms of the agreement being approved, those terms may be varied by the person with the approval of the Secretary.

  (5B)   The Secretary must advise the person in writing of the effect of subsection   (5A).

  (5C)   To avoid doubt, subsection   (5A) does not prevent the person at any time from requesting a review of an agreement under paragraph   (5)(c).

11E   Subparagraph 607(1)(b)(iii )

After "agree to", insert "the reasonable".

12   At the end of section   630A

Add:

  (2)   If:

  (a)   a newstart allowance becomes not payable to a person because of:

  (i)   a failure to enter into a Newstart Activity Agreement; or

  (ii)   an unreasonable delay in entering into a Newstart Activity Agreement; or

  (iii)   a failure to take reasonable steps to comply with the terms of a Newstart Activity Agreement; and

  (b)   the person is at least 50 years of age at the time of the activity test breach referred to in paragraph   (a); and

  (c)   the Secretary is satisfied that, not more than 8 weeks after the start of the activity test non - payment period applicable to the person by reason of the breach referred to in paragraph   (a), the person:

  (i)   has entered into such a Newstart Activity Agreement; or

  (ii)   is no longer unreasonably delaying entry into such a Newstart Activity Agreement; or

  (iii)   is taking reasonable steps to comply, or to resume compliance, with the terms of a Newstart Activity Agreement that is in force in respect of the person or, if there is no Newstart Activity Agreement in force in respect of the person, with the terms of the Newstart Activity Agreement that was in force in respect of the person immediately before the commencement of the non - payment period;

    as the case requires;

this Act has effect, for the purpose only of determining the payability of newstart allowance during the balance of the non - payment period, as if the non - payment period had never applied.

  (3)   A determination that a person has commenced to take reasonable steps as referred to in paragraph   (2)(c) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or a later day.

13   At the end of section   644AA

Add:

  (2)   If:

  (a)   a newstart allowance becomes not payable to a person because of:

  (i)   a failure to enter into a Newstart Activity Agreement; or

  (ii)   an unreasonable delay in entering into a Newstart Activity Agreement; or

  (iii)   a failure to take reasonable steps to comply with the terms of a Newstart Activity Agreement; and

  (b)   the person is at least 50 years of age at the time of the activity test breach referred to in paragraph   (a); and

  (c)   the Secretary is satisfied that, not more than 26 weeks after the start of the activity test rate reduction period applicable to the person by reason of the breach referred to in paragraph   (a), the person:

  (i)   has entered into such a Newstart Activity Agreement; or

  (ii)   is no longer unreasonably delaying entry into such a Newstart Activity Agreement; or

  (iii)   is taking reasonable steps to comply, or to resume compliance, with the terms of a Newstart Activity Agreement that is in force in respect of the person or, if there is no Newstart Activity Agreement in force in respect of the person, with the terms of the Newstart Activity Agreement that was in force in respect of the person immediately before the commencement of the rate reduction period;

    as the case requires;

this Act has effect, for the purpose only of determining the rate of newstart allowance during the balance of the rate reduction period, as if the rate reduction period had never applied.

  (3)   A determination that a person has commenced to take reasonable steps as referred to in paragraph   (2)(c) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or a later day.

14   At the end of section   644B

Add:

  (2)   If:

  (a)   a newstart allowance becomes not payable to a person because of a failure to comply with a requirement to attend at a particular place for a particular purpose in accordance with a notice issued under paragraph 63(3)(c); and

  (b)   the person is at least 50 years of age at the time of the administrative breach referred to in paragraph   (a); and

  (c)   not more than 13 weeks after the start of the administrative breach rate reduction period applicable to the person by reason of the breach referred to in paragraph   (a):

  (i)   the person attends that place for that purpose; or

  (ii)   the person complies with an alternative requirement that the Secretary notifies to the person (whether orally or in writing);

this Act has effect, for the purpose only of determining the rate of newstart allowance during the balance of the rate reduction period, as if the rate reduction period had never applied.

15   Subsection 1217 (after table item   15)

Insert: