Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Participation by certain persons reviewed on or after 1 July 2014
1 At the end of subparagraph 94(1)(da)(i)
Add "or is a reviewed 2008 - 2011 DSP starter".
2 Paragraph 94(2)(aa)
After "(3B)", insert "or the person is a reviewed 2008 - 2011 DSP starter who has had an opportunity to participate in a program of support".
3 After paragraph 94(3A)(b)
Insert:
and (c) the person is not a reviewed 2008 - 2011 DSP starter;
4 Subsection 94(5)
Insert:
"reviewed 2008-2011 DSP starter" means a person for whom all the following conditions are met:
(a) the person made (or is taken to have made) a claim for disability support pension before 3 September 2011;
(b) a determination granting the claim took effect after 2007;
(c) on or after 1 July 2014 the person was given a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person's qualification for that pension;
(d) when the notice was given, the person was under 35 years of age;
(e) before the notice was given, either:
(i) there was a record that the Secretary was satisfied that the person was able to do work that was for at least 8 hours per week on wages at or above the relevant minimum wage and that existed in Australia, even if not within the person's locally accessible labour market; or
(ii) there was no record that the Secretary had considered whether the person was able to do work described in subparagraph ( i);
(f) after the notice was given, the Secretary decided not to determine under section 80 of the Administration Act that the disability support pension for the person is to be cancelled;
(g) as a result of the assessment involving the notice, the Secretary is satisfied that the person:
(i) does not have a severe impairment within the meaning of subsection ( 3B); and
(ii) is able to do work that is for at least 8 hours per week on wages at or above the relevant minimum wage and that exists in Australia, even if not within the person's locally accessible labour market;
(h) the person does not have a dependent child under 6 years of age.
Note 1: Section 63 of the Administration Act lets the Secretary notify a person that the person must give information to the Secretary or undergo a medical, psychiatric or psychological examination and give the Secretary a report on the examination.
Note 2: Section 80 of the Administration Act lets the Secretary determine that disability support pension paid to a person is to be cancelled if the person is not or was not qualified for the pension, or if the pension is not or was not payable to the person (which may apply because the person did not comply with the notice under section 63 of that Act).
5 At the end of section 96
Add:
(3) However, subsection ( 2) does not apply if, apart from that subsection, the person would cease to be qualified for disability support pension for the reason described in paragraph ( 1)(b) in the period:
(a) starting when the person becomes a reviewed 2008 - 2011 DSP starter as defined in subsection 94(5); and
(b) ending at the first time, after the person becomes a reviewed 2008 - 2011 DSP starter, at which the Secretary reviews the determination granting disability support pension to the person.
6 Application provisions
(1) Sections 94 and 96 of the Social Security Act 1991 as amended by this Part apply for the purposes of determining a person's qualification for disability support pension in respect of days occurring on or after the commencement of this Part.
(2) Section 94 of that Act, as so amended, applies whether the person claimed (or is taken to have claimed) disability support pension before, on or after 3 September 2011.
(3) Subitem ( 2) has effect despite item 12 of Schedule 3 to the Family Assistance and Other Legislation Amendment Act 2011 .
Note: That Schedule made amendments to insert paragraph 94(2)(aa) and subsections 94(3A) to (3E) in the Social Security Act 1991 , and provided for those amendments to apply in relation to a person who claimed (or was taken to have claimed) disability support pension on or after 3 September 2011.
Part 2 -- Commonwealth - funded program of support
7 Paragraph 94(2)(aa)
After "(3C)", insert ", and the program of support was wholly or partly funded by the Commonwealth".
8 Saving provision
Despite the amendment made by this Part, a person is qualified for disability support pension if:
(a) a program of support for the person that was not wholly or partly funded by the Commonwealth started before the commencement of this Part; and
(b) the person would qualify for the pension if that program had been wholly or partly funded by the Commonwealth.