Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 After paragraph 94(1)(d)
Insert:
(da) in a case where the following apply:
(i) the person is under 35 years of age;
(ii) the Secretary is satisfied that the person 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;
(iii) if the person has one or more dependent children--the youngest dependent child is 6 years of age or over;
the person meets any participation requirements that apply to the person under section 94A; and
2 After section 94
Insert:
94A Participation requirements
(1) The participation requirements are as follows:
(a) the person must enter into a participation plan when the person is required by the Secretary under section 94B to do so;
(b) if a participation plan is in force in relation to the person--the person must enter into another participation plan (instead of the existing one) if required by the Secretary under section 94B to do so;
(c) while a participation plan is in force in relation to the person, the person must comply with the requirements in the plan.
(2) However, this section does not apply to the person during a period when the person is covered by a participation exemption under section 94C, 94D, 94E or 94F.
(1) If a participation plan is not in force in relation to the person, the Secretary may require the person to enter into a participation plan under this section.
(2) If a participation plan is in force in relation to the person, the Secretary may require the person to enter into another participation plan instead of the existing one.
Notice of requirement
(3) The Secretary is to give the person notice of:
(a) the requirement; and
(b) the place and time at which the participation plan is to be entered into.
Suitable requirements
(4) A participation plan that is in force in relation to a person must contain one or more terms (the requirements ) that:
(a) the person is required to comply with; and
(b) the Secretary regards as suitable for the person.
Approval of requirements
(5) The requirements in a plan are to be approved by the Secretary.
Optional terms
(6) A participation plan may also contain one or more terms that the person may, but is not required to, comply with.
Form of plan
(7) A participation plan must be in a form approved by the Secretary.
(1) A person is covered by a participation exemption if the Secretary is satisfied that the person is temporarily unable to meet the participation requirements because of illness or an accident.
(2) The person is covered by the participation exemption for a period determined by the Secretary.
(3) In deciding whether he or she is satisfied as mentioned in subsection ( 1), the Secretary may request the person to give the Secretary a certificate from a medical practitioner.
(4) Subsection ( 3) does not limit subsection ( 1).
(5) A determination under subsection ( 2) is not a legislative instrument.
94D Pre - natal and post - natal relief
(1) A pregnant woman is covered by a participation exemption for the period that starts 6 weeks before the woman's expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is covered by a participation exemption for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
(1) A person is covered by a participation exemption for a period if:
(a) the person is employed throughout the period; and
(b) the work undertaken by the person in the course of that employment is for wages set in accordance with the program administered by the Commonwealth known as the supported wage system.
(2) A person is covered by a participation exemption for a period if the person is, throughout the period, in employment that is supported by supported employment services within the meaning of section 7 of the Disability Services Act 1986 .
(1) A person is covered by a participation exemption for a period determined by the Secretary if:
(a) the Secretary is satisfied that special circumstances, beyond the person's control, exist; and
(b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to meet the participation requirements for that period.
(2) The period determined under subsection ( 1) must not exceed 13 weeks.
(3) A determination under subsection ( 1) is not a legislative instrument.
3 Application
The amendments made by this Schedule apply for the purposes of working out a person's qualification for disability support pension in respect of days occurring on or after 1 July 2012.