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Social Security Legislation Amendment (Connecting People with Jobs) Bill 2010

Schedule 1 Amendments

   

Social Security (Administration) Act 1999

1  Section 42A

Omit:

•      The Secretary may also determine that a person is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the person for 8 weeks.

substitute:

•      The Secretary may also determine that a person is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the person for either 8 or 12 weeks, depending on the circumstances.

2  Subsection 42S(3)

Repeal the subsection, substitute:

Period of non-payment

             (3)  The participation payment is not payable to the person for the period (the unemployment non-payment period ) of:

                     (a)  8 weeks beginning on the initial day; or

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

Note:          The Secretary may end an unemployment non-payment period under subsection (4).

          (3A)  For the purposes of subsection (3), the initial day is:

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

                     (b)  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

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

Note:          For the day the Secretary makes the determination, see section 42Y.

          (3B)  For the purposes of subsection (3), relocation assistance , in relation to employment, means a payment:

                     (a)  that is made by the Commonwealth to a person for the purpose of assisting the person to take up the employment; and

                     (b)  that is specified in a legislative instrument made by the Secretary for the purposes of this paragraph.

3  Section 42Y

Omit “42S(3)(b)”, substitute “42S(3A)(b)”.

4  Section 110A

Omit “42S(3)”, substitute “42S(3) or (4)”.

5  Application

The amendments made by items 2 and 3 apply in relation to persons who become unemployed on or after the day on which the first instrument made for the purposes of paragraph 42S(3B)(b) of the Social Security (Administration) Act 1999 takes effect.

Note:       Section 12 of the Legislative Instruments Act 2003 deals with when a legislative instrument takes effect.