a social security payment; or

a concession card;

must make a claim for the payment or card in accordance with this Division.

the day that is 13 weeks before the day on which the Secretary’s determination is made; or

if the person became qualified for the new payment after the day referred to in paragraph (a)—the day on which the person became qualified for the new payment.

Some eligibility requirements taken to be satisfied etc.

(a) the new requirement is the same as an eligibility requirement (the current requirement) for the other payment; and

at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.

treat the new factor as existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or

treat the new factor as not existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

Other powers not limited

treat a person as having satisfied an eligibility requirement;

treat an eligibility factor as existing, or not existing, in relation to a person.

Definitions

whether the person qualifies for the payment; or

whether the payment is payable to the person.

eligibility requirement, for an income support payment, means a requirement that a person must satisfy:

to qualify for the payment; or

for the payment to be payable to the person.

the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and

the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

the person is, on the day on which the Department is contacted, qualified for the social security payment; and

the person lodges a claim for the social security payment within 14 days after the Department is contacted;

the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.

the Department is contacted by or on behalf of a person in relation to a claim for a social security payment, other than crisis payment or special employment advance; and

the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

the person is, on the day on which the Department is contacted, qualified for the social security payment; and

the person lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and

the Secretary is satisfied that:

throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and

that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier;

the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.

(a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a social security payment, other than crisis payment or special employment advance; and

the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

the claimant is, on the day on which the Department is contacted, qualified for the social security payment; and

the claimant lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and

the Secretary is satisfied that:

throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and

throughout that period, the other person suffered from a medical condition; and

the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier;

the claimant is taken to have made a claim for the social security payment on the day on which the Department was contacted.

the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and

the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

the person is, on the day on which the Department is contacted, qualified for the social security payment; and

the person lodges a claim for the social security payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and

the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier;

the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.

the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and

the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

the person is, on the day on which the Department is contacted, qualified for the concession card; and

the person lodges a claim for the concession card within 14 days after he or she contacts the Department;

the person is taken to have made a claim for the concession card on the day on which the Department was contacted.

the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and

the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

the person is, on the day on which the Department is contacted, qualified for the concession card; and

the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and

the Secretary is satisfied that:

throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and

that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier;

the person is taken to have made a claim for the concession card on the day on which the Department was contacted.

(a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a concession card; and

the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

the claimant is, on the day on which the Department is contacted, qualified for the concession card; and

the claimant lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and

the Secretary is satisfied that:

throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and

throughout that period, the other person suffered from a medical condition; and

the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier;

the claimant is taken to have made a claim for the concession card on the day on which the Department was contacted.

the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and

the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and

the person is, on the day on which the Department is contacted, qualified for the concession card; and

the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and

the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier;

the person is taken to have made a claim for the concession card on the day on which the Department was contacted.

a person makes an incorrect claim; and

the person subsequently makes a claim for a social security payment for which the person is qualified; and

the Secretary is satisfied that it is reasonable that this subsection be applied;

the person is taken to have made a claim for that social security payment on the day on which he or she made the incorrect claim.

the claim is for a social security payment, other than a supplementary payment; and

when the claim was made, the person was not qualified for the payment claimed but was qualified for another social security payment, other than a supplementary payment.

the claim is for a supplementary payment; and

when the claim was made, the person was not qualified for the payment claimed but was qualified for another supplementary payment.

(a) a person makes a claim for a pension, allowance, benefit or other payment under a law of the Commonwealth, other than this Act or the 1991 Act, or under a program administered by the Commonwealth, that is similar in character to a social security payment, other than a supplementary payment (the initial claim); and

when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and

(c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the later claim); and

the Secretary is satisfied that it is reasonable that this subsection be applied;

the person is taken to have made the later claim on the day on which the initial claim was made.

(a) a person makes a claim for an income support payment (the initial claim); and

(b) on the day on which the initial claim is made, the person is qualified for another income support payment (the other income support payment); and

(c) the person subsequently makes a claim for the other income support payment (the later claim); and

the Secretary is satisfied that it is reasonable that this subsection be applied;

the person is taken to have made the later claim on the day on which the initial claim was made.

(a) a person makes a claim for a supplementary payment (the initial claim); and

(b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the other supplementary payment); and

(c) the person subsequently makes a claim for the other supplementary payment (the later claim); and

the Secretary is satisfied that it is reasonable that this subsection be applied;

the person is taken to have made the later claim on the day on which the initial claim was made.

carer allowance; or

double orphan pension; or

education entry payment; or

mobility allowance; or

pensioner education supplement.

(a) on or after 1 July 2009, a person (the carer) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph 198(2)(d); and

the Secretary makes a determination rejecting the claim; and

within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and

the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and

the Secretary is satisfied that it is reasonable that this section be applied;

the carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment.

Carer payment suspended or cancelled

(a) on or after 1 July 2009, a person (the carer) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph 198(2)(d); and

the Secretary makes a determination cancelling or suspending the carer’s carer payment; and

within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and

the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and

the Secretary is satisfied that it is reasonable that this section be applied;

the carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect.

Subdivision C—Manner of making a claim

by lodging a written claim for the payment or card; or

by making the claim in accordance with subsection (7).

to a person apparently performing duties at a place approved for the purpose by the Secretary; or

to a person approved for the purpose by the Secretary; or

in a manner, and to a place, approved for the purpose by the Secretary.

claims made under a scheduled international social security agreement; or

claims for AGDRP in relation to a major disaster that occurred outside Australia; or

claims for AVTOP.

attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or

made in accordance with an invitation under subsection (3); or

the subject of a determination under subsection (5).

a person makes a claim for an age pension; and

the claim is in accordance with a form that does not require the claimant to disclose whether the claimant is registered as a member of:

the pension bonus scheme; or

the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

the person is, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and

a claim by the person for pension bonus is not attached to the claim for age pension;

the Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus:

within such period after the lodgment of the claim for age pension as is specified in the notice; and

at such place as in specified in the notice.

a person who is a registered member of the pension bonus scheme lodges a claim for age pension; and

a claim for pension bonus for the person is lodged after the claim for age pension; and

the Secretary is satisfied that, having regard to guidelines (if any) made under subsection (6), special circumstances apply in relation to the lodgment of the claim for pension bonus;

the Secretary may determine that the claim for the pension bonus is taken to have been made at the time the person claimed age pension.

the claimant’s special employment advance qualifying entitlement referred to in subsection (2) is an entitlement in respect of which the Secretary has determined that this subsection applies; and

the claim is lodged before the day referred to in subsection (2);

the Secretary may treat the claim as having been made on a day earlier than the day referred to in subsection (2) that the Secretary considers appropriate having regard to the kind of entitlement concerned.

particulars (including the duration) of the employment; and

the way in which the financial assistance is to be expended to enable the claimant to take up the employment.

a person who provides care and attention for a person with medical needs makes a claim for an essential medical equipment payment; and

the person with medical needs is not a dependent child of that or any other person;

the claim must be signed by the person with medical needs.

Subdivision E—Time limits for claims for pension bonus

the person is an exempt partnered person for the purposes of section 24 at the end of the person’s last bonus period; or

the person’s membership of the pension bonus scheme becomes non-accruing immediately after the end of the person’s last bonus period; or

the person is a post-75 member of the pension bonus scheme and has a post-75 work period (see subsection 26(2)).

the period of 13 weeks beginning at the end of that bonus period; or

if the Secretary allows a longer period—that longer period.

However, this subsection does not apply if:

the person is an exempt partnered person (see subsection 24(2)) at the end of the person’s last bonus period; or

the person’s membership of the pension bonus scheme becomes non-accruing immediately after the end of the person’s last bonus period; or

the person is a post-75 member of the pension bonus scheme and has a post-75 work period (see subsection 26(2)).

subsection (1) applies to a person’s claim for pension bonus; and

the claim is lodged within a period allowed under paragraph (1)(b);

Division 6 of Part 2.2A of the 1991 Act has effect, in relation to the calculation of the amount of that pension bonus, as if the person had not accrued the part-year bonus period.

beginning at the end of that bonus period; and

ending at:

the time of the last occasion on which the person’s partner could have lodged a claim for a pension bonus; or

the end of the period of 13 weeks after the person ceases to be a member of the same couple (whether because of the death of the person’s partner or for any other reason);

whichever comes first.

the person’s partner is an accruing or non-accruing member of the pension bonus scheme; or

the person’s partner is an accruing or non-accruing member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act.

the person’s claim for pension bonus nominates a particular period as the person’s post-75 work period;

the nominated period begins immediately after the end of the person’s last bonus period;

if it were assumed that the person had been an accruing member of the pension bonus scheme throughout each test period that is applicable to the person, the person would have passed the work test for each test period.

(a) identify the extended period, which is that part of the nominated period when the person was neither:

subject to a compensation preclusion period or a carer preclusion period; nor

covered by a declaration under section 92Q of the 1991 Act;

if the extended period is 365 days or less—the extended period is the only test period;

if the extended period is longer than 365 days—each of the following periods is a test period:

the full-year period beginning at the start of the extended period;

if 2 or more succeeding full-year periods are included in the extended period—each of those full-year periods;

the period (if any) consisting of the remainder of the extended period.

the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and

circumstances beyond the claimant’s control prevented the claim being lodged before the final date.

circumstances beyond the claimant’s control prevented the claimant taking reasonable steps to lodge the claim, or have the claim lodged, before the final date; and

the claimant has sought to lodge the claim as soon as practicable after those circumstances ceased to exist.

Subdivision FAA—Time limit for claims for Disaster Recovery Allowance

there are special circumstances applying to the person’s claim that justify a late lodgement; and

the claim is lodged within a reasonable period having regard to those circumstances.

Subdivision FA—Time limit for claims for AGDRP

there are special circumstances applying to the person’s claim that justify a late lodgment; and

the claim is lodged within a reasonable period having regard to those circumstances.

Subdivision FB—Time limit for claims for AVTOP

there are special circumstances applying to the person’s claim that justify a late lodgment; and

the claim is lodged within a reasonable period having regard to those circumstances.

Subdivision G—Age requirement for certain claims

is an Australian resident; and

is in Australia.

the claimant is an Australian resident; and

the claimant, while outside Australia, has been receiving an income support payment; and

the income support payment has been cancelled or has ceased to be payable; and

the claim is made within 13 weeks after the income support payment was cancelled or ceased to be payable, as the case may be.

a person claims both a pension bonus and an age pension; and

the claim for an age pension is withdrawn;

the claim for a pension bonus is taken to have been withdrawn.

a person claims both a pension bonus and an age pension; and

the claim for an age pension is rejected as a direct or indirect result of the operation of:

Division 2 of Part 3.12 of the 1991 Act; or

Part 3.14 of that Act;

the claim for a pension bonus is taken to have been withdrawn.

Subdivision J—Special provision for certain claims

in gaol; or

undergoing psychiatric confinement because he or she has been charged with an offence;

may make a claim for a social security pension or benefit or for a crisis payment not earlier than 3 weeks before the person’s expected release day.

the person has received an instalment of a social security pension in relation to an instalment period that included 31 December in the previous calendar year; and

the claim is lodged within 14 days after the end of that instalment period.

the person claims a social security pension in that year; and

the claim for advance pharmaceutical allowance is lodged:

when the claim for the pension is lodged; or

after the claim for the pension is lodged but before that claim is determined.

(a) the person has been qualified for pharmaceutical allowance for a period (the qualification period) during the calendar year; and

the amount spent by the person during the qualification period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of:

pharmaceutical allowance; and

advance pharmaceutical allowance.

he or she may make a claim for an AVTOP as a secondary victim in relation to the close family member; and

(b) he or she must make a claim before the day (the claim due day) specified in the notice; and

if he or she fails to make a claim by the claim due day, an AVTOP in relation to the close family member will not be payable to him or her.

the Secretary must change the claim due day for each of the potential claimants to the new claim day; and

the Secretary must give each of the potential claimants a written notice of the new claim due day; and

the new claim due day is taken to be the day specified in the notice under subsection (2) for the purposes of subparagraph 1061PAC(b)(ii) of the 1991 Act.

the claimant is qualified for the social security payment; and

the social security payment is payable.

the claimant is qualified, or is expected to be qualified, for the payment; and

the payment would be payable apart from the application of a compliance penalty period.

the claimant is qualified, or is expected to be qualified, for the payment; and

the payment would be payable apart from:

the application of a waiting period; or

the application of a compliance penalty period; or

the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; or

the operation of section 615 of the 1991 Act.

the person is qualified, or is expected to be qualified, for the payment; and

the payment would be payable if the person were not subject to a seasonal work preclusion period.

jobseeker payment;

parenting payment;

youth allowance;

special benefit;

disability support pension;

carer payment;

austudy payment.

a determination has been made under subsection (1) granting a claim for a jobseeker payment to a person who was qualified for the payment under subsection 593(1B) of the 1991 Act; and

the person ceases to be qualified for the payment under subsection 593(1B) of the 1991 Act but becomes qualified for the payment under subsection 593(1) of that Act within 14 days after the person ceased to be qualified under subsection 593(1B);

the Secretary may make a determination varying the first-mentioned determination to give effect to any change in the person’s start day.

the person is qualified, or is expected to be qualified, for the allowance or payment; and

the allowance or payment would be payable, apart from:

the application of a waiting period; or

the application of a compliance penalty period; or

the application of an income maintenance period where the rate of allowance or payment payable to the person is nil; or

if the claim is a claim for youth allowance—the operation of section 547AA of the 1991 Act.

the claimant:

is in gaol; or

is undergoing psychiatric confinement because he or she has been charged with an offence; and

the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and

there are reasonable grounds for believing that the claimant will be released from gaol or psychiatric confinement on or before the day that is the claimant’s expected release day for the purposes of subsection 35(1); and

either:

in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or

in any case, the claimant is expected to be qualified for the pension, benefit or payment immediately after the claimant is released from gaol or psychiatric confinement; and

the pension, benefit or payment is expected to be payable to the claimant immediately after the claimant is released from gaol or psychiatric confinement.

must specify the period at the end of which the determination ceases to have effect; and

unless it has already been cancelled, ceases to have effect at the end of that period.

must specify the period at the end of which the determination ceases to have effect; and

unless it has already been cancelled, ceases to have effect at the end of that period.

the person is qualified, or is expected to be qualified, for the payment; and

the payment would be payable if it were not for the application of subsection 124G(1), 124L(1) or 124NE(1).

whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit; and

if the new benefit is a social security payment—whether the Secretary is satisfied that the new benefit is, would be, or is expected to be, payable to the person.

(a) the new requirement is the same as an eligibility requirement (the current requirement) for the current benefit; and

at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.

treat the new factor as existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or

treat the new factor as not existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

Other powers not limited

treat a person as having satisfied an eligibility requirement;

treat an eligibility factor as existing, or not existing, in relation to a person.

Definitions

for a social security payment—a fact, matter or circumstance the existence of which in relation to a person is relevant to:

whether the person qualifies for the payment; or

whether the payment is payable to the person; or

for a concession card—a fact, matter or circumstance the existence of which in relation to a person is relevant to whether the person qualifies for the card.

eligibility requirement means:

for a social security payment—a requirement that a person must satisfy:

to qualify for the payment; or

for the payment to be payable to the person; or

for a concession card—a requirement that a person must satisfy to qualify for the card.

the claim is based on the effect of unreceived income on the claimant’s special employment advance qualifying entitlement; and

the Secretary is satisfied that the income will be received within 2 days after the claim is made.

a person makes a claim for a social security payment that is a relevant social security payment for the purposes of subclause 4(1) of Schedule 2; and

the person is not, on the day on which the claim is made, qualified for the payment; and

assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and

the person becomes so qualified within that period;

the claim is taken, for the purposes of subsection (1), to be made on the day on which the person becomes qualified.

begins on the day on which the Secretary asks for the information; and

ends on the day on which the information is given to the Secretary;

is not counted for the purpose of subsection (1).

(a) a person makes a claim (the actual claim); and

apart from this subsection, the person would, by virtue of section 13 or 14, be taken to have made the claim on a particular day;

then, in spite of section 13 or 14, as the case may be, a reference in subsection (1) of this section to the day on which the claim was made is a reference to the day on which the actual claim was made.

the claimant has been given a notice under subsection 66(2); and

the Secretary is not satisfied that the claimant has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the claimant within the period specified in the notice.

the claimant has been given a notice under subsection 66(3); and

the Secretary is not satisfied that the claimant’s partner has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the partner within the period specified in the notice.

either:

the person is receiving, or has made a claim for, a jobseeker payment or a youth allowance; or

the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment or a youth allowance;

the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies and either:

the person is receiving, or has made a claim for, parenting payment; or

the Department is contacted by or on behalf of the person in relation to a claim for parenting payment;

the person is a nominated visa holder and either:

the person is receiving, or has made a claim for, a special benefit; or

the Department is contacted by or on behalf of the person in relation to a claim for special benefit.

Existing employment pathway plan already in force

must give the person the option of entering into the plan under section 40D; and

may also give the person the option of entering into the plan under section 40E, taking into account the person’s circumstances.

persons entering into employment pathway plans under section 40D or 40E;

the variation of such plans.

Arrangement not a legislative instrument

persons entering into employment pathway plans under section 40D or 40E;

the variation of such plans.

the person notifies the Employment Secretary that the person accepts the employment pathway plan developed by the Employment Secretary; and

that acceptance occurs after one or more communications between the person and the Employment Secretary in relation to that plan.

Plan requirements

the employment pathway plan matters in relation to the person;

the person’s capacity to comply with the requirements;

the person’s needs;

any other matters that the Employment Secretary or the person considers relevant in the circumstances.

the person is given information as part of the processes referred to in subsection 40B(1) informing the person of the matters the person should consider in deciding whether to accept an employment pathway plan under this section; and

a proposed employment pathway plan is produced as part of those processes that:

contains one or more requirements that the person is required to comply with; and

may contain one or more terms that the person may, but is not required to, comply with; and

after deciding the person is satisfied with that proposed employment pathway plan, the person accepts that plan as part of those processes.

the person actively seeking paid work in Australia;

the person accepting, and being willing to accept, offers of paid work in Australia;

the person undertaking, and being willing to undertake, paid work in Australia;

except particular paid work that is unsuitable to be done by the person.

Undertaking of other activities

the person undertaking training or study;

the person undertaking voluntary work;

the person participating in an approved program of work for income support payment (subject to section 40J) or in an employment program;

the person attending an interview with a person engaged by an organisation that performs services for the Commonwealth;

the person completing, updating or improving the person’s résumé.

Reporting on compliance

the person’s education;

the health of a PP child of the person;

the education of a PP child of the person.

No limit on requirements in plans

either:

if the person’s rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A of the 1991 Act—because of the application of Module E of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or

if the person’s rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B of the 1991 Act—because of the application of Module D of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or

the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.

Youth allowance

the person is under 18 years of age; or

the person is undertaking full-time study (see section 541B of the 1991 Act); or

because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the person is receiving the youth allowance at a rate that has been reduced; or

the program of work requires the person to move from a home in one place to a home in another place.

Jobseeker payment

because of the application of Module G of Benefit Rate Calculator B in section 1068 of the 1991 Act, the person is receiving the jobseeker payment at a rate that has been reduced; or

the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.

Special benefit

the person is under 18 years of age; or

the person or the person’s partner has income; or

the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.

the Employment Secretary is satisfied that circumstances exist that are beyond the person’s control; and

the Employment Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the employment pathway plan requirements.

Other circumstances

the person having a temporary incapacity resulting in the person being unable to undertake work for at least 8 hours per week, where the person has given the Employment Secretary a certificate of a medical practitioner, in the form (if any) approved by the Employment Secretary, that supports the incapacity being caused by a medical condition arising from sickness or an accident;

the person experiencing a marriage or relationship breakdown;

the death of an immediate family member of the person;

the person having suffered a significant personal crisis;

the person having been affected by an emergency, disaster or public health crisis.

Revocation of determination

the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and

the person makes the claim after the death of the person’s partner; and

if the person was not pregnant when the person’s partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

if the person was pregnant when the person’s partner died—the person makes the claim:

in the period of 14 weeks starting on the day of the death of the partner; or

in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;

whichever ends later.

The applicable period is the period applicable under paragraph (c) or (d).

Recipients

the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and

while the person is receiving the payment, allowance or benefit the person’s partner dies; and

if the person was not pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and

if the person was pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death:

in the period of 14 weeks starting on the day of the death of the partner; or

in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;

whichever ends later; and

the person is receiving the payment, allowance or benefit on the day of the notification.

The applicable period is the period applicable under paragraph (c) or (d).

the person is the principal carer of one or more children and that one or more of the following apply:

the person is a registered and active foster carer;

the person is a home educator of one or more of those children;

the person is a distance educator of one or more of those children;

under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person; or

the following apply:

the person is the principal carer of a child;

the person is the principal carer of one or more other children or the main supporter of one or more secondary pupil children or both;

there are 4 or more of the children of whom the person is the principal carer or main supporter; or

the following apply:

the person is not the principal carer of one or more children;

the person is a registered and active foster carer;

the person is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child; or

the following apply:

the person is the main supporter of one or more secondary pupil children;

the person is a home educator or distance educator of one or more of those children; or

the following apply:

the person is the principal carer of one or more children;

(ii) the person is a relative (other than a parent) of a child (the kin child);

there is a document that provides for the kin child to live with the person for the care and wellbeing of the kin child and that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children;

the person is acting in accordance with the document.

Discretionary determination

who suffer from a physical, intellectual or psychiatric disability or illness; and

whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the employment pathway plan requirements.

Revocation

unless paragraph (b) applies—the person:

is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in that 2-week period; or

is engaged, for at least 30 hours in that 2-week period, in a combination of approved unpaid voluntary work for an approved organisation and of paid work that the Secretary regards as suitable; or

is engaged for at least 30 hours in that 2-week period in paid work that the Secretary regards as suitable; or

if the person is under 60 years of age and that 2-week period begins before the end of 12 months starting on the day the person starts to receive jobseeker payment or special benefit—the person:

is engaged, for at least 30 hours in that 2-week period, in work consisting of a combination of approved unpaid voluntary work for an approved organisation and of at least 15 hours of paid work that the Secretary regards as suitable; or

is engaged for at least 30 hours in that 2-week period in paid work that the Secretary regards as suitable.

approved unpaid voluntary work is work, either full-time or otherwise, that has been approved by the Employment Secretary for the purposes of this section; and

an approved organisation is an organisation that has been approved by the Employment Secretary for the purposes of this section.

Principal carers and people with partial capacity to work

is the principal carer of at least one child or has a partial capacity to work; and

is engaged for at least 30 hours in that 2-week period in paid work that the Secretary regards as suitable.

subparagraph 593(1)(a)(ii) of the 1991 Act applies in relation to the person; and

the person is undertaking a rehabilitation program; and

the program is intended to enhance the person’s ability to work; and

the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and

the person’s participation in the program will, or is likely to, end within the period of 208 weeks after the jobseeker payment commenced to be payable to the person.

The applicable period is the period the person is undertaking the rehabilitation program or such shorter or longer period determined by the Employment Secretary.

Interaction with the ABSTUDY Scheme

jobseeker payment is payable to the person because of subsection 614(6) of the 1991 Act; and

the person has commenced the full-time course of education referred to in paragraph 614(6)(a) of the 1991 Act.

The applicable period is the period during which the payment is payable to the person because of that subsection.

make a decision under subsection (1) to vary the plan; or

make a decision to refuse to vary the plan.

the person lacks the particular skills, experience or qualifications that are needed to perform the work and no relevant training will be provided to the person; or

it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

the person is the principal carer of one or more children, and does not have access to appropriate care and supervision for the children during:

the times when the person would be required to undertake the work; or

reasonable amounts of time that would be needed for the person to travel from the person’s home to the place of work and from the place of work to the person’s home; or

performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or

the terms and conditions for the work would be less generous than the applicable statutory conditions; or

commuting between the person’s home and the place of work would be unreasonably difficult; or

the work would require enlistment in the Defence Force or the Reserves; or

the work requires the person to move from a home in a place to a home in another place; or

for any other reason, the work is unsuitable to be done by the person.

Work outside the area in which the person’s home is situated

(a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and

the person is offered permanent full-time work (whether or not work of the kind sought) in the new area;

the work offered is not unsuitable for the person because of paragraph (1)(f) or (h) unless:

the person is under the age of 18; or

the person or the person’s partner is pregnant; or

the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or

the acceptance of the offer would jeopardise the current paid work, or the paid work prospects, of the person’s partner; or

the person or the person’s partner has a child under the age of 16 who is living with them or is living somewhere else in the old area; or

the person or the person’s partner has significant caring responsibilities in the old area; or

the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or

it is more appropriate for the person to participate in education or training than to accept the offer; or

the person would suffer severe financial hardship if the person were to accept the offer.

the work is not the person’s preferred type of work; or

the work is not commensurate with the person’s highest level of educational attainment or qualification; or

the level of remuneration for the work is not the person’s preferred level of remuneration.

the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4);

the person fails to comply with a requirement, under section 40A, to enter into an employment pathway plan;

the person fails to attend, or to be punctual for, an appointment that the person is required to attend by:

a notice under subsection 63(2); or

an employment pathway plan that is in force in relation to the person;

the person fails to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;

an employment pathway plan is in force in relation to the person and the person fails to satisfy the Secretary that the person has undertaken adequate job search efforts in relation to a period worked out in accordance with the plan (see subsection (2));

an employment pathway plan is in force in relation to the person and the person fails to comply with any other requirement of the plan that applies to the person;

the Secretary is satisfied that the person acted in an inappropriate manner:

during an appointment to which paragraph (c) applies that the person attended; or

while participating in an activity referred to in paragraph (d);

the person intentionally acts in a manner and it is reasonably foreseeable that acting in that manner could result in an offer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person;

the person fails to:

attend a job interview; or

act on a job opportunity when requested to do so by an employment services provider.

accept an offer of paid work in Australia of more than 15 hours per week; or

undertake paid work in Australia of more than 15 hours per week;

if the person is the principal carer of at least one child or has a partial capacity to work.

the person is receiving a participation payment; and

in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and

the person refuses or fails to accept an offer of paid work in Australia, except particular paid work that is unsuitable to be done by the person.

the person is the principal carer of at least one child or has a partial capacity to work; and

the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.

the person is receiving a participation payment; and

in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and

the person becomes unemployed:

as a direct or indirect result of a voluntary act of the person; or

as a result of the person’s misconduct as an employee.

the person is not receiving, but has made a claim for, a participation payment; and

in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and

the person becomes unemployed (whether before or after making the claim):

as a direct or indirect result of a voluntary act of the person; or

as a result of the person’s misconduct as an employee.

the person is the principal carer of at least one child or has a partial capacity to work; and

the work in relation to which the person became unemployed was work of more than 15 hours per week.

Subdivision C—Compliance action that must be taken for particular failures

determine that the person’s participation payment is not payable to the person for a period (see section 42AL); and

take action under subsection (2) (if applicable).

Special rule—persistent mutual obligation failures and no reasonable excuse

the Secretary is satisfied in accordance with an instrument made under subsection 42AR(1) that the person has persistently committed mutual obligation failures; and

the person does not satisfy the Secretary that the person has a reasonable excuse for the relevant failure (see sections 42AI and 42AJ);

the Secretary may determine:

that an instalment of the person’s participation payment for an instalment period is to be reduced (see section 42AN), in addition to making a determination under paragraph (1)(a) of this section; or

that the person’s participation payment is cancelled (see section 42AP).

the Secretary has previously determined under paragraph (2)(c) that an instalment of the person’s participation payment for an instalment period is to be reduced; and

the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and

the person commits the relevant failure during that instalment period.

determine that the person’s participation payment is not payable to the person for a period (see section 42AL); or

determine that the person’s participation payment is cancelled (see the Secretary that the person has a reasonable excuse for the work refusal failure (see section 42AI).section 42AP) if the person does not satisfy

Action not to be taken—instalment already reduced to nil for instalment period when failure committed

the Secretary has previously determined under paragraph 42AF(2)(c) that the amount of an instalment of the person’s participation payment for an instalment period is to be reduced; and

the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and

the person commits the relevant failure during that instalment period.

a mutual obligation failure (see paragraph 42AF(2)(b)); or

a work refusal failure (see paragraph 42AG(1)(b)).

a mutual obligation failure (see paragraph 42AF(2)(b)); or

a work refusal failure (see paragraph 42AG(1)(b)).

the person notifies the excuse as mentioned in subsection (3) of this section; or

the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification.

a failure to comply with a requirement that was notified to the person under subsection 63(2) to attend an office of the Department, to contact the Department, or to attend a particular place;

without limiting paragraph (a), a failure to attend, or to be punctual for, an appointment that the person is required to attend by a notice under subsection 63(2);

a failure to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;

a failure to attend, or to be punctual for, an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.

for a failure mentioned in paragraph (2)(a) or (b):

before the end of the time specified under subsection 63(2); and

to the person or body specified by the Secretary as the person or body to whom prior notice should be given if the person is unable to comply with the notice under subsection 63(2); and

for a failure mentioned in paragraph (2)(c) or (d):

before the start of the activity on the day concerned, or before the time of the appointment; and

to the person or body specified in the employment pathway plan as the person or body to whom prior notice should be given if the person is unable to undertake the activity or attend the appointment.

the instalment period in which the person commits the mutual obligation failure or the work refusal failure (unless paragraph (b) applies); or

if the Secretary determines that a later instalment period is more appropriate—that later instalment period.

the day the person complies with the reconnection requirement imposed under subsection 42AM(1) (unless paragraph (b) of this subsection applies); or

if the Secretary determines that an earlier day is more appropriate—that earlier day.

the participation payment is taken to be payable to the person from the start of that period (subject to the social security law); and

the Secretary is taken to have made a determination to the effect mentioned in paragraph (a).

the reconnection requirement; and

the effect of not complying with the reconnection requirement.

the Secretary does not determine an earlier day for the purposes of ending the person’s payment suspension period under paragraph 42AL(3)(b); and

the person fails to comply with the reconnection requirement within 4 weeks after it is notified under subsection (2) of this section.

a person commits a mutual obligation failure; and

(b) the Secretary makes a determination (the reduction determination) under paragraph 42AF(2)(c) that an instalment of a participation payment for an instalment period (the reduction period) is to be reduced.

the instalment period in which the person commits the mutual obligation failure (unless paragraph (b) applies); or

if the Secretary determines that a later instalment period is more appropriate—that later instalment period.

half of the instalment that would otherwise have been payable for the reduction period; or

the whole of the instalment that would otherwise have been payable for the reduction period.

4 weeks beginning on the day the person becomes unemployed as a result of the person’s voluntary act or misconduct (unless paragraph (b) applies); or

6 weeks beginning on that day, if, during the 6 months ending on the day immediately before that day, relocation assistance, for the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.

that is made by or on behalf of the Commonwealth to or for the benefit of a person for the purpose of assisting the person to take up the employment; and

that is specified under subsection (3).

the first day of the instalment period in which the person commits the failure (unless paragraph (b) applies);

if the Secretary determines that a later instalment period is more appropriate—the first day of that later instalment period.

the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct (unless paragraph (b) applies);

the first day of the first instalment period for the person that begins after the day the Secretary makes the determination under subsection 42AH(1), if the Secretary considers it more appropriate.

4 weeks beginning on the cancellation day (unless paragraph (b) applies); or

6 weeks beginning on the cancellation day, if:

the cancellation is for an unemployment failure; and

during the 6 months ending on the day immediately before the person becomes unemployed, relocation assistance, for the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.

Participation payment taken to not be cancelled for certain purposes during post-cancellation non-payment period

a provision of the social security law, or the Family Assistance Act, that refers to a post-cancellation non-payment period or a compliance penalty period, other than a provision that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph;

section 106B of this Act (automatic cancellation of certain concession cards);

a provision of the social security law that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph.

Subdivision E—Miscellaneous

for the purposes of paragraph 42AF(2)(a)—circumstances in which the Secretary must, or must not, be satisfied that a person has persistently committed mutual obligation failures;

for the purposes of subsection 42AN(4):

circumstances in which paragraph 42AN(3)(a) applies in relation to the reduction of an instalment for an instalment period; and

circumstances in which paragraph 42AN(3)(b) applies in relation to the reduction of an instalment for an instalment period.

the person commits any of the following failures:

the person fails to participate, on the day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;

the person fails to comply, on the day, with a serious failure requirement imposed on the person;

the person commits misconduct, on the day, while participating in an activity referred to in subparagraph (i) or while purporting to comply with a serious failure requirement imposed on the person;

the person intentionally acts in a manner on the day (including by failing to attend a job interview), and it is reasonably foreseeable that acting in that manner could result in an offer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person; and

the person receives an instalment of a participation payment for the instalment period in which the day occurs.

the person fails to attend the activity at all; or

the person is not punctual in attending the activity.

Limitations on determining no show no pay failures

more than one subparagraph of paragraph (1)(a) applies to a person on a day; or

a subparagraph of paragraph (1)(a) applies more than once to a person on a day;

then the Secretary may only determine that the person commits one no show no pay failure on the day.

both of the following apply:

subparagraph (1)(a)(i), (ii) or (iv) applies;

the person satisfies the Secretary that the person has a reasonable excuse for the failure; or

the person is a new apprentice; or

the person is someone to whom section 42SB applies; or

the day is in a reconnection failure period for the person.

Determining an instalment period

the person commits any of the failures mentioned in subsection (2); and

the person receives an instalment of a participation payment for the instalment period in which the person commits the failure.

the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4);

the person fails to comply with a requirement, under section 40A, to enter into an employment pathway plan;

the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;

the person is issued with a notice under subsection 42F(1) and fails to comply with it within the period specified in the notice;

the person fails to comply with subsection 42F(2);

the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person to undertake a certain number of job searches per fortnight;

the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person:

to keep a record of the person’s job searches in a document referred to in the plan as a job seeker diary; and

to return the job seeker diary to the Department at the end of the period specified in the plan.

the person satisfies the Secretary that the person has a reasonable excuse for the failure; or

both of the following apply:

the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;

a youth allowance is not payable to the person for the instalment period in which the person commits the failure because of section 547AA of the 1991 Act; or

both of the following apply:

the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;

a jobseeker payment is not payable to the person for the instalment period in which the person commits the failure because of section 615 of the 1991 Act; or

the person is a new apprentice; or

the person is someone to whom section 42SB applies; or

in the case of a failure under paragraphs (2)(d) to (g)—the person is receiving parenting payment.

the person is required to satisfy the employment pathway plan requirements; and

the person is receiving a participation payment other than a parenting payment.

the person is required to comply with:

a reconnection requirement; or

a further reconnection requirement; and

the person fails to comply with the requirement.

the person satisfies the Secretary that the person has a reasonable excuse for the failure; or

the person is someone to whom section 42SB applies.

Reconnection failure period

begins on the day the person commits the failure; and

ends on:

the day before the person complies with any further reconnection requirement imposed on the person in relation to the reconnection failure; or

if the person fails to comply with a further reconnection requirement imposed on the person in relation to the reconnection failure, and the person satisfies the Secretary that the person has a reasonable excuse for the failure—the day before the person fails to comply with the requirement.

Determining an instalment period

the person fails to comply with a reconnection requirement imposed on the person; or

the person fails to comply with an earlier further reconnection requirement imposed on the person.

a penalty amount being deducted from the person’s participation payment;

the person’s participation payment not being payable to the person for a period.

the Secretary is satisfied that the person has, up to the day the Secretary makes the determination, persistently failed to comply with his or her obligations in relation to a participation payment (including by committing no show no pay failures, connection failures or reconnection failures); and

the person receives a participation payment for the instalment period in which the Secretary makes the determination.

the Secretary must not take into account failures that were outside the person’s control; and

the Secretary may only take into account any other failures that occurred intentionally, recklessly or negligently.

Limitations on determining persistent non-compliance serious failures

while the person is in a serious failure period for another serious failure determined under subsection (1); or

if the person is a new apprentice; or

if the person is someone to whom section 42SB applies.

Legislative instrument

the person is receiving a participation payment; and

the person refuses or fails to accept an offer of paid work in Australia, except particular paid work that is unsuitable to be done by the person.

the person satisfies the Secretary that the person has a reasonable excuse for the failure; or

the person is someone to whom section 42SB applies.

the person is the principal carer of at least one child or has a partial capacity to work; and

the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.

the reasons why the person may have committed failures under this Division;

the reasons why the person may have failed to meet other requirements under the social security law;

whether the person has any barriers to employment;

whether the person’s participation requirements are appropriate.

beginning on the first day of the first instalment period that begins after the day the Secretary makes the determination; and

ending:

if the Secretary ends the person’s serious failure period under section 42Q—on the day mentioned in that section; or

otherwise—8 weeks after the period begins.

Serious failure requirements

the person begins to comply with a serious failure requirement imposed on the person; or

the Secretary determines that:

the person does not have the capacity to undertake any serious failure requirement; and

serving the serious failure period would cause the person to be in severe financial hardship.

if paragraph (1)(a) applies—the day before the person begins to comply with the requirement; or

if the Secretary makes a determination under paragraph (1)(b) on request—the day before the request was made; or

if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative—the day before the Secretary makes the determination.

begins on the day that the person informs the Secretary; and

ends on:

the day before the person begins to comply with the serious failure requirement; or

if the person does not begin to comply with the serious failure requirement on the day the person is required to begin—the day before that day.

the person is unemployed as a result (whether direct or indirect) of a voluntary act of the person; or

the person is unemployed as a result of the person’s misconduct as an employee.

the Secretary is satisfied that the voluntary act was reasonable; or

the person is someone to whom section 42SB applies.

the person is the principal carer of at least one child or has a partial capacity to work; and

the work in relation to which the person became unemployed was work of more than 15 hours per week.

Period of non-payment

8 weeks beginning on the initial day; or

12 weeks beginning on the initial day if, during the 6 months ending on the day immediately before the person becomes unemployed, relocation assistance, in relation to the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.

the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct; or

the first day of the first instalment period that begins after the day the Secretary makes the determination if:

(i) the Secretary considers that first day is more appropriate than the day mentioned in paragraph (a); and

the person is receiving a participation payment at the time of the voluntary act or misconduct.

Ending unemployment non-payment periods

the Secretary determines that serving the unemployment non-payment period would cause the person to be in severe financial hardship; and

the person is in a class of persons specified by legislative instrument under subsection (5).

the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or

the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; or

the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); or

the person fails to comply with a reconnection requirement or a further reconnection requirement.

for a failure referred to in paragraph (1)(a), (b) or (ba):

if the person complies with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure—the day before the day on which the person so complies; or

if the person fails to comply with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure—the day before the day on which the person first commits the failure to comply with that reconnection requirement; or

for a failure referred to in paragraph (1)(c)—the day before the day on which the person complies with a reconnection requirement or further reconnection requirement; or

if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a) or (aa)—that earlier day.

(2AA) If:

(a) a participation payment is not payable to a person for a period (the non-payability period) under subsection (2) because of the person’s failure to attend an appointment with the person’s employment provider; and

(b) on a day (the relevant day), the Secretary requires the person to attend a rescheduled appointment with the person’s employment provider; and

the rescheduled appointment is on a day that is more than 2 business days after the relevant day;

then, despite subsection (2), the non-payability period is taken to end under that subsection at the end of the relevant day.

a participation payment is not payable to a person for a period under subsection (2); and

the participation payment is payable to the person for any days occurring before that period begins;

then, despite any other provision of the social security law, the Secretary may withhold payment of the participation payment to the person for those days until that period ends.

is receiving a participation payment that is a parenting payment; and

is someone to whom paragraph 500(1)(ca) of the 1991 Act applies.

the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4); or

the person fails to comply with a requirement under section 40A to enter into an employment pathway plan; or

the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or

the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.

the day before the day on which the person notifies the Secretary that the person intends to comply with the requirement; or

if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a)—that earlier day.

beginning on the day the person is notified by the Secretary of the determination under subsection 42SA(1); and

ending on the day the period under subsection 42SA(2) ends.

for a person’s no show no pay failure—the amount of the participation payment paid to the person on the day on which the person commits the no show no pay failure; or

for a person’s reconnection failure—the amount of the participation payment paid to the person during the reconnection failure period.

a no show no pay failure (see paragraph 42C(4)(a)); or

a connection failure (see paragraph 42E(4)(a)); or

a reconnection failure (see paragraph 42H(3)(a)); or

a serious failure (see paragraph 42N(2)(a)); or

a non-attendance failure (see subsection 42SC(2)).

a no show no pay failure (see paragraph 42C(4)(a)); or

a connection failure (see paragraph 42E(4)(a)); or

a reconnection failure (see paragraph 42H(3)(a)); or

a serious failure (see paragraph 42N(2)(a)); or

a non-attendance failure (see subsection 42SC(2)).

a failure to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;

a failure to comply with a serious failure requirement imposed on the person, where the requirement was to undertake an activity on a day or to attend an appointment, or contact a person, at a particular time;

a failure to comply with a requirement notified to the person under subsection 63(2), where the requirement was to attend an office of the Department, to contact the Department or to attend a particular place for a particular purpose;

a failure to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;

a failure to comply with a reconnection requirement or a further reconnection requirement, where the requirement was to undertake an activity on a day or to attend an appointment, or contact a person, at a particular time.

in arrears; and

by instalments relating to such periods (not exceeding 14 days) as the Secretary determines.

Timing of payments of instalments

is not to exceed the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day, subject to subsections (4) and (5A)) payable to the person for days that:

are days on which the social security periodic payment was payable to the person; and

are included in the first 7 days of the instalment period; and

is to be paid at a time determined by the Secretary that is after the first 7 days of the instalment period.

is the excess of the amount that is to be paid to a person as the instalment of the social security periodic payment in relation to the instalment period (see subsection (3)) over the first of the part payments; and

is to be paid at a time determined by the Secretary that is after the end of the instalment period.

a single instalment of the social security periodic payment is, or is to be, paid in relation to the period; and

that instalment is, or is to be, paid when the last of the part payments is, or is to be, made; and

that instalment is equal to the total of the part payments.

section 61;

Division 5 of Part 3B;

subsection 238(2).

Minimum daily rate

(a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security payment:

an amount of pharmaceutical allowance;

a pension supplement amount; and

the social security payment:

is not a social security pension; or

is a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; or

if the person has not reached pension age on the day—is a pension PP (single); and

if an added amount is a pension supplement amount used by the Rate Calculator to produce an annual rate—the total of the added amounts is more than the person’s pension supplement basic amount; and

there is no election by the person under subsection 1061VA(1) of the 1991 Act in force on that day; and

apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount;

the amount of that portion of the instalment is to be increased to the person’s minimum daily rate.

if an amount of pharmaceutical allowance is an added amount:

if the Rate Calculator for the social security payment produces a fortnightly rate—1/14 of that amount; or

if the Rate Calculator for the social security payment produces an annual rate—1/364 of that amount; or

if a pension supplement amount is the only added amount—1/364 of the person’s minimum pension supplement amount.

(5AA) If:

(a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security pension:

a pension supplement amount;

energy supplement; and

the social security pension:

is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and

if the person has not reached pension age on the day—is not a pension PP (single); and

if one of the added amounts is a pension supplement amount used by the Rate Calculator to produce an annual rate—the pension supplement amount is more than the person’s pension supplement basic amount; and

there is no election by the person under subsection 915A(1) or 1061VA(1) of the 1991 Act in force on that day; and

apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount;

the amount of that portion of the instalment is to be increased to the person’s minimum daily rate.

(5AB) For the purposes of subsection (5AA), a person’s minimum daily rate is 1/364 of the total of:

the person’s minimum pension supplement amount, if a pension supplement amount is an added amount; and

the person’s energy supplement, if energy supplement is an added amount.

No reduction of portion of quarterly pension supplement relating to a day

an election by the person under subsection 1061VA(1) of the 1991 Act is in force on a particular day; and

apart from this subsection, the portion of the instalment of the person’s quarterly pension supplement that corresponds to that day would be reduced under subsection 1210(3) of the 1991 Act, but not reduced to a nil amount;

the amount of that portion of the instalment is not to be reduced under subsection 1210(3) of the 1991 Act.

No reduction of portion of quarterly energy supplement relating to a day

quarterly energy supplement is payable to a person for a particular day; and

the social security payment to which the quarterly energy supplement relates:

is a social security pension; and

is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and

if the person has not reached pension age on the day—is not a pension PP (single); and

apart from this subsection, the portion of the instalment of the person’s quarterly energy supplement that corresponds to that day would be reduced under subsection 1210(3A) of the 1991 Act; and

the reduction of the main rate mentioned in subparagraph 1210(3A)(b)(ii) would not be to a nil amount;

the amount of that portion of the instalment is not to be reduced under subsection 1210(3A) of the 1991 Act.

Instalment periods

if the person has only one living parent—to that parent; or

if the person has more than one living parent—to the parent nominated in writing by the person to the Secretary.

in accordance with section 47; and

on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the person.

an advance payment under section 864A, Part 2.22 or section 1134A of the 1991 Act; or

AGDRP, except where the Secretary has made a determination under subsection 46A(2); or

AVTOP, except where the Secretary has made a determination under subsection 46B(2); or

child disability assistance; or

crisis payment; or

relocation scholarship payment; or

education entry payment; or

fares allowance; or

one-off payment to the aged; or

carer supplement; or

one-off energy assistance payment under Part 2.6 of the 1991 Act; or

one-off energy assistance payment under Part 2.6A of the 1991 Act; or

first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or

second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or

additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or

additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or

2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act; or

one-off payment to carers (carer allowance related); or

one-off payment to carers (carer payment related); or

2005 one-off payment to carers (carer payment related); or

2005 one-off payment to carers (carer service pension related); or

2005 one-off payment to carers (carer allowance related); or

2006 one-off payment to carers (carer payment related); or

2006 one-off payment to carers (wife pension related); or

2006 one-off payment to carers (partner service pension related); or

2006 one-off payment to carers (carer service pension related); or

2006 one-off payment to carers (carer allowance related); or

2007 one-off payment to carers (carer payment related); or

2007 one-off payment to carers (wife pension related); or

2007 one-off payment to carers (partner service pension related); or

2007 one-off payment to carers (carer service pension related); or

2007 one-off payment to carers (carer allowance related); or

2008 one-off payment to carers (carer payment related); or

2008 one-off payment to carers (wife pension related); or

2008 one-off payment to carers (partner service pension related); or

2008 one-off payment to carers (carer service pension related); or

2008 one-off payment to carers (carer allowance related); or

economic security strategy payment; or

training and learning bonus; or

activity supplement; or

farm financial assessment supplement; or

FHA supplement; or

relief payment; or

pension bonus; or

pension bonus bereavement payment; or

special employment advance, except where the Secretary has made a determination under subsection 46(2); or

clean energy advance; or

essential medical equipment payment.

on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and

in such manner as the Secretary considers appropriate.

on the date, occurring on or after 10 July 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and

in such manner as the Secretary considers appropriate.

on the date, occurring on or after 27 November 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and

in such manner as the Secretary considers appropriate.

on the date, occurring on or after 26 February 2021, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and