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Schedule 8—Start day for jobseeker payment and youth allowance

Schedule 8 Start day for jobseeker payment and youth allowance

   

Farm Household Support Act 2014

1  At the end of section 98

Add:

                   ; (h)  clause 4B of Schedule 2 (start day rules).

Social Security Act 1991

2  Paragraph 549CA(2)(a)

After “clauses 4A”, insert “, 4B”.

3  Subsection 549CB(1)

After “clauses 4A”, insert “, 4B”.

4  Paragraph 549CB(2)(b)

After “clauses 4A”, insert “, 4B”.

5  Paragraph 620(1)(a)

After “clauses 4A”, insert “, 4B”.

6  Subsection 621(1)

After “clauses 4A”, insert “, 4B”.

7  Paragraph 621(3)(b)

After “clauses 4A”, insert “, 4B”.

Social Security (Administration) Act 1999

8  Subclause 3(1) of Schedule 2 (note)

After “Clause 4A”, insert “or 4B”.

9  Subclause 4A(1) of Schedule 2

Omit all the words after paragraph (b) (not including the note), substitute:

if the Secretary gives the person a notice under section 63 requiring the person to attend a particular place for an interview on a day specified in the notice (the specified day ):

                     (c)  for a purpose specified in the notice that is in connection with entering into an employment pathway plan; or

                     (d)  for any other purpose specified in the notice.

10  Subclause 4A(2) of Schedule 2

Omit “to a person if the Secretary is satisfied, in accordance with any guidelines under subclause (3), that it should not apply to the person”, substitute “in relation to a person and a claim if the Secretary is satisfied in all the circumstances that it should not apply to the person and the claim”.

11  At the end of subclause 4A(2) of Schedule 2

Add:

Note:          The effect of the Secretary being so satisfied is that the person’s start day is, subject to the other clauses in this Schedule, the day on which the claim is made.

12  Subclause 4A(3) of Schedule 2

Repeal the subclause.

13  Subclause 4A(4) of Schedule 2

Repeal the subclause, substitute:

Start day

             (4)  The start day for the person is:

                     (a)  the specified day, unless paragraph (b) applies; or

                     (b)  if the period between the day the Secretary imposes the requirement under section 63 and the specified day is more than 2 business days (otherwise than at the person’s request)—the day the Secretary imposes the requirement under section 63.

14  After clause 4A of Schedule 2

Insert:

4B   Start day for jobseeker payment and youth allowance if claimant enters into employment pathway plan using streamlined processes

When this clause applies and subclause 3(1) does not

             (1)  This clause applies, and subclause 3(1) does not apply, in relation to a person’s:

                     (a)  claim for jobseeker payment; or

                     (b)  claim for youth allowance that is not based on the person being a new apprentice or undertaking full-time study;

if, in relation to that claim, the person enters into an employment pathway plan under section 40E of this Act after the day on which the claim is made.

Note:          Clause 5 may override the start day under this clause in certain circumstances.

             (2)  Subject to this clause, the start day for the person is the day the person accepted that plan as mentioned in paragraph 40E(1)(c) of this Act.

             (3)  If:

                     (a)  in relation to that claim, on a day (the earlier day ) before the day of that acceptance, the person intended to accept an employment pathway plan as mentioned in paragraph 40E(1)(c) of this Act; and

                     (b)  the person failed to accept an employment pathway plan as mentioned in that paragraph on the earlier day; and

                     (c)  the person satisfies the Employment Secretary that the failure was because of circumstances beyond the person’s control;

the start day for the person is:

                     (d)  if, in relation to that claim, the day the Employment Secretary notified the person under subsection 40A(3) of this Act of the requirement to enter into an employment pathway plan was on or after the day on which the claim was made—the day on which the Employment Secretary gave that notification; or

                     (e)  otherwise—the day on which the claim was made.

             (4)  This clause does not apply in relation to a person and a claim if the Employment Secretary is satisfied in all the circumstances that it should not apply to the person and the claim.

Note:          The effect of the Employment Secretary being so satisfied is that the person’s start day is, subject to the other clauses in this Schedule, the day on which the claim is made.

15  Application provision

The amendments of the Social Security (Administration) Act 1999 made by this Schedule apply in relation to a claim referred to in subclause 4A(1) or 4B(1) of Schedule 2 to that Act that is made on or after the commencement of this item.