Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 500C

  (1)   If:

  (a)   a person ( claimant ) who is a member of a couple has claimed but has not yet received parenting payment; and

  (b)   when the claim was lodged, the claimant was unemployed;

the claimant is not qualified for parenting payment unless the Secretary is satisfied that the claimant's unemployment is not due to the fact that the claimant is, or has been, engaged in industrial action or a series of industrial actions.

  (2)   For the purposes of subsection   (1) and without limiting that subsection, a claimant is taken not to be, or not to have been, engaged in industrial action or a series of industrial actions if the Secretary is satisfied that the claimant's unemployment is due to the fact that other persons are, or have been, engaged in industrial action or in a series of industrial actions, and that:

  (a)   if industrial action is still being engaged in:

  (i)   those persons, or some of those persons, are members of a trade union that is involved in the industrial action, or have been such members at any time since industrial action started; and

  (ii)   the claimant has not been a member of that trade union at any time since industrial action started; or

  (b)   if industrial action has stopped:

  (i)   at any time while industrial action was being engaged in, those persons, or some of those persons, were members of a trade union that was involved in the industrial action; and

  (ii)   the claimant was not a member of that trade union at any time while industrial action was being engaged in.

  (3)   Subsection   (1) does not prevent a person from being qualified for parenting payment after the relevant industrial action or series of industrial actions has stopped.

Note:   For industrial action , trade union and unemployment see section   16.