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Schedule 9—Changes to activity tests for persons aged 55 to 59

Schedule 9 Changes to activity tests for persons aged 55 to 59

   

Social Security Act 1991

1  Subsection 603AA(1)

Omit “subsection (3)”, substitute “subsections (2) and (3)”.

3  Subsection 603AA(1)

After “in respect of a period”, insert “of 2 weeks”.

4  Paragraph 603AA(1)(a)

Omit “period”, substitute “relevant period”.

5  Paragraph 603AA(1)(b)

Omit “period”, substitute “relevant period,”.

6  Paragraph 603AA(1)(c)

Omit “period”, substitute “relevant period”.

6A  After subsection 603AA(1)

Insert:

             (2)  Subsection (1) does not apply in relation to a person who has reached 55, but is under 60, years of age and to a period of 2 weeks (the relevant period ) if that period begins before the end of 12 months starting on the day the person starts to receive newstart allowance. Instead the person is taken to satisfy the activity test in respect of the relevant period if the person:

                     (a)  is engaged, for at least 30 hours in the relevant period, in a combination of:

                              (i)  approved unpaid voluntary work for an approved organisation; and

                             (ii)  paid work that the Secretary regards as suitable and that is at least 15 hours in the relevant period; or

                     (b)  is engaged for at least 30 hours in the relevant period in paid work that the Secretary regards as suitable.

Note:          Because of the definition of receive in section 23, this subsection applies separately in relation to each occasion the person starts to receive newstart allowance.

          (2A)  If newstart allowance ceases to be payable to a person for a period of less than 3 months (except because the newstart allowance was cancelled), then, for the purposes of subsection (2), the person is taken to be receiving newstart allowance during that period.

7  Paragraph 603AA(4)(a)

Omit “approved voluntary unpaid work”, substitute “approved unpaid voluntary work”.

8  Subsection 731G(1)

Omit “subsection (3)”, substitute “subsections (2) and (3)”.

10  Paragraph 731G(1)(c)

Omit “period”, substitute “relevant period”.

10A  After subsection 731G(1)

Insert:

             (2)  Subsection (1) does not apply in relation to a person who has reached 55, but is under 60, years of age and to a period of 2 weeks (the relevant period ) if that period begins before the end of 12 months starting on the day the person starts to receive special benefit. Instead the person is taken to satisfy the activity test in respect of the relevant period if the person:

                     (a)  is engaged, for at least 30 hours in the relevant period, in a combination of:

                              (i)  approved unpaid voluntary work for an approved organisation; and

                             (ii)  paid work that the Secretary regards as suitable and that is at least 15 hours in the relevant period; or

                     (b)  is engaged for at least 30 hours in the relevant period in paid work that the Secretary regards as suitable.

Note:          Because of the definition of receive in section 23, this subsection applies separately in relation to each occasion the person starts to receive special benefit.

          (2A)  If special benefit ceases to be payable to a person for a period of less than 3 months (except because the special benefit was cancelled), then, for the purposes of subsection (2), the person is taken to be receiving special benefit during that period.

11  Subsection 731G(4)

Insert:

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

12  Subsection 731G(4) (definition of approved voluntary unpaid work )

Repeal the definition.

13  Application provision

The amendments made by this Schedule apply in relation to relevant periods beginning on or after the commencement of this item, whether the person started to receive newstart allowance or special benefit before, on or after that commencement.