Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Social Services Legislation Amendment (Youth Employment and Other Measures) Bill 2015

Schedule 3 Income support waiting periods

   

Social Security Act 1991

1  Subsection 23(1)

Insert:

income support waiting period means:

                     (a)  a youth allowance income support waiting period under section 549CAA; or

                     (b)  a special benefit income support waiting period under section 739AA.

2  Subsection 23(1) (after paragraph (ac) of the definition of waiting period )

Insert:

                  (aca)  a youth allowance income support waiting period under section 549CAA; or

3  Subsection 23(1) (after paragraph (k) of the definition of waiting period )

Insert:

                  (kaa)  a special benefit income support waiting period under section 739AA; or

4  Subsection 23(1) (paragraph (ka) of the definition of waiting period )

Omit “sections 732 and 739A”, substitute “section 739A”.

5  After paragraph 549(2)(a)

Insert:

                  (aaa)  an income support waiting period (see section 549CAA);

6  After section 549C

Insert:

549CAA   Income support waiting period

             (1)  A person is subject to an income support waiting period if the person is qualified for a youth allowance (the current allowance ), where neither section 540AA (about new apprentices) nor paragraph 541(1)(a) (about full-time study) applies.

             (2)  However, the person is not subject to an income support waiting period if:

                     (a)  on the day before the day the person qualified for the current allowance, the person was qualified for an income support payment (other than youth allowance or special benefit); or

                     (b)  on the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act) for the current allowance, section 549CAB applies to the person; or

                     (c)  in the 6 months immediately before that start day, the person had served a 4-week income support waiting period under this section or section 739AA (about special benefit).

Length of income support waiting period

             (3)  A person’s income support waiting period starts on the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act) for the current allowance.

Note:          Subsection (5) modifies subsection (3) if a person transitions between youth allowances.

             (4)  A person’s income support waiting period ends at the end of the earliest of the following:

                     (a)  the 4-week period beginning on the day the person’s income support waiting period started;

                     (b)  the day before the person turns 25 years of age;

                     (c)  the day before section 549CAB applies to the person;

                     (d)  if, during another income support waiting period for the person under section 739AA, the person claimed and qualified for the current allowance—the 4-week period beginning on the day that other income support waiting period started.

Note:          Subsection (6) modifies subsection (4) if a person transitions between youth allowances.

Special rules for transitioning between youth allowances

             (5)  If:

                     (a)  a person qualified for the current allowance on a day (the current day ); and

                     (b)  on the day before that day, the person was qualified for a youth allowance where section 540AA or paragraph 541(1)(a) applied;

then, for the purposes of this section, the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act) for the current allowance is taken to be the current day.

             (6)  If:

                     (a)  a person is subject to an income support waiting period under this section; and

                     (b)  on a day (the transition day ) during that period, the person becomes qualified for a youth allowance where section 540AA or paragraph 541(1)(a) applies;

then, for the purposes of this section, that period ends at the end of the day before the transition day.

549CAB   Exemptions from income support waiting period

             (1)  This section applies to a person in relation to a day if one or more of the following apply in relation to that day:

                     (a)  the person is a parent of an FTB child (within the meaning of Subdivision A of Division 1 of Part 3 of the Family Assistance Act);

                     (b)  the person is the principal carer of a child;

                     (c)  the person is in State care, or the person ceased to be in State care during the previous 12 months;

                     (d)  the person is not required to satisfy the activity test in respect of a period that includes that day because of paragraph 542(a), (b), (d), (da), (e) or (f), where, including that day, there are at least 15 days remaining in that period;

                     (e)  the person is assessed as requiring employment services, or disability employment services, of a class determined in an instrument under paragraph (2)(a);

                      (f)  the person is covered by an exemption determined in an instrument under paragraph (2)(b).

Note:          For in State care see subsection (3).

             (2)  The Minister may, by legislative instrument, determine:

                     (a)  classes of employment services, and classes of disability employment services, for the purposes of paragraph (1)(e); and

                     (b)  exemptions for the purposes of paragraph (1)(f).

Definition

             (3)  For the purposes of this section, a person is in State care if:

                     (a)  the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or

                     (b)  there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person’s parent.

7  After subparagraph 549CB(2)(c)(i)

Insert:

                            (ia)  an income support waiting period;

8  Before subparagraph 729(2)(dc)(i)

Insert:

                          (iaa)  section 549CAA (income support waiting period); or

9  After section 739

Insert:

739AA   Income support waiting period

             (1)  A person is subject to an income support waiting period if:

                     (a)  the person is qualified for a special benefit; and

                     (b)  the person is:

                              (i)  an Australian resident; or

                             (ii)  the holder of a visa in a class determined by the Minister under subsection (5); and

                     (c)  on the person’s start day (disregarding clause 5 of Schedule 2 to the Administration Act) for the special benefit, the person has attained the minimum age for youth allowance as determined in accordance with subsection 543A(1) but is less than 25 years of age.

             (2)  However, the person is not subject to an income support waiting period if:

                     (a)  on the day before the day the person qualified for the special benefit, the person was qualified for an income support payment; or

                     (b)  on the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act) for the special benefit, section 739AB applies to the person; or

                     (c)  in the 6 months immediately before that start day, the person had served a 4-week income support waiting period under this section or section 549CAA (about youth allowance).

Length of income support waiting period

             (3)  A person’s income support waiting period starts on the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act) for the special benefit.

             (4)  A person’s income support waiting period ends at the end of the earliest of the following:

                     (a)  the 4-week period beginning on the day the person’s income support waiting period started;

                     (b)  the day before the person turns 25 years of age;

                     (c)  the day before section 739AB applies to the person.

Legislative instrument

             (5)  The Minister may, by legislative instrument, determine classes of visas for the purposes of subparagraph (1)(b)(ii).

739AB   Exemptions from income support waiting period

             (1)  This section applies to a person in relation to a day if one or more of the following apply in relation to that day:

                     (a)  the person is a parent of an FTB child (within the meaning of Subdivision A of Division 1 of Part 3 of the Family Assistance Act);

                     (b)  the person is the principal carer of a child;

                     (c)  the person is in State care, or the person ceased to be in State care during the previous 12 months;

                     (d)  either:

                              (i)  the person is not required to satisfy the activity test in respect of a period that includes that day because of section 731DA, 731DB, 731E, 731F, 731JA or 731K, where, including that day, there are at least 15 days remaining in that period; or

                             (ii)  the person is taken to satisfy the activity test in respect of a period that includes that day because of section 731HA, 731HB or 731J, where, including that day, there are at least 15 days remaining in that period;

                     (e)  the person is assessed as requiring employment services, or disability employment services, of a class determined in an instrument under paragraph (2)(a);

                      (f)  the person is covered by an exemption determined in an instrument under paragraph (2)(b).

Note:          For in State care see subsection (3).

             (2)  The Minister may, by legislative instrument, determine:

                     (a)  classes of employment services, and classes of disability employment services, for the purposes of paragraph (1)(e); and

                     (b)  exemptions for the purposes of paragraph (1)(f).

Definition

             (3)  For the purposes of this section, a person is in State care if:

                     (a)  the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or

                     (b)  there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person’s parent.

10  Application provisions

(1)       The amendments made by this Schedule apply in relation to a claim for a social security payment that is made on or after the commencement of this item.

(2)       Section 549CAA of the Social Security Act 1991, as inserted by this Schedule, also applies in relation to a claim for a youth allowance that was made before the commencement of this item, where the current day referred to in paragraph 549CAA(5)(a) of that Act is on or after that commencement.