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Social Security (Job Search and Newstart) Amendment Act 1991
- C2004A04143
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Act No. 68 of 1991 as made
An Act to amend the law relating to social security to provide for certain new allowances, and for related purposes
Administered by: Education, Employment and Workplace Relations; Families, Housing, Community Services and Indigenous Affairs
Date of Assent 25 Jun 1991
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SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991




SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - TABLE OF PROVISIONS


                       TABLE OF PROVISIONS

                       PART 1 - PRELIMINARY
Section

    1.    Short title

    2.    Commencement

           PART 2 - AMENDMENTS OF THE SOCIAL SECURITY ACT 1991

    3.    Principal Act

    4.    Insertion of new section:

          5A.    Family relationships definitions - JSA and NSA

    5.    Insertion of new section:

          14A.    Social security benefit liquid assets test definitions

    6.    General definitions

    7.    Repeal of Parts and substitution of new Parts:

                 PART 2.11 - JOB SEARCH ALLOWANCE

  Division 1 - Qualification for and payability of job search allowance

                 Subdivision A - Basic qualifications

          513.    Qualification for job search allowance

          514.    Effect of incapacity on qualification

          515.    Job search allowance may continue to end of payment period

          516.    Persons may be treated as unemployed

          517.    Unemployment due to industrial action

          518.    Move to area of lower employment prospects

          519.    Liquid assets test disqualification

          520.    Registration by CES

          521.    Prospective determinations for some allowees

            Subdivision B - Activity test

          522.    Activity test

          523.    Relief from activity test - general

          524.    Relief from activity test - certain allowees under 18
                  engaged in voluntary work

          525.    Relief from activity test - certain allowees over 55
                  engaged in voluntary work

       Subdivision C - Situations where allowance not payable (general)

          526.    Job search allowance not payable in certain situations

          527.    Provision of tax file number

          528.    Provision of partner's tax file number

          529.    Assets test - allowance not payable if assets value limit
                  exceeded

          530.    Value of assets of members of couples

          531.    Full-time students

          532.    Multiple entitlement exclusion

          533.    Provisional commencement day

          534.    Commencement of job search allowance

  Subdivision D - Situations where allowance not payable (waiting periods)

          535.    Unused annual leave waiting period

          536.    Notional leave period

          537.    Duration of unused annual leave waiting period

          538.    Ordinary waiting period

          539.    Duration of ordinary waiting period

          540.    Education leavers waiting period

          541.    Duration of education leavers waiting period

        Subdivision E - Situations where allowance not payable
                           (recipient non-compliance)

          542.    Removal from allowance for failure to satisfy activity test

          543.    Secretary may require a person to attend the Department or
                  CES etc.

          544.    Unemployment due to voluntary act

          545.    Unemployment due to misconduct

          546.    Refusal of job offer

          547.    Removal from allowance for failure to comply with
                  notification requirements

          548.    Removal from allowance for failure to continue CES
                  registration

          549.    Seasonal workers

          550.    Move to area of lower employment prospects

                   Division 2 - Claim for job search allowance

          551.    Need for a claim

          552.    Form of claim

          553.    Lodgment of claim

          554.    Claimant must be Australian resident and in Australia

          555.    Secretary may require claimant to give statement of
                  partner's tax file number

                 Division 3 - Determination of claim

          556.    Secretary to determine claim

          557.    Grant of claim

          558.    Date of effect of determination

                 Division 4 - Rate of job search allowance

          559.    How to work out a person's job search allowance rate

          560.    Job search training supplement

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          561.    JSA recipient may ask Secretary to change appropriate tax
                  year

                 Division 5 - Payment of job search allowance

          562.    Commencement of job search allowance

          563.    Instalments

          564.    Instalments for period less than a fortnight

          565.    Rounding off instalment

          566.    Manner of payment

          567.    Nominee payments

          568.    Payment into bank account etc.

          569.    Where allowance payday would fall on public holiday etc.

          570.    Payment of allowance after death

                 Division 6 - Protection of job search allowance

          571.    Job search allowance to be absolutely inalienable

          572.    Effect of garnishee or attachment order

                 Division 7 - Recipient obligations

          573.    Secretary may require recipient to give statement of
                  partner's tax file number

          574.    Secretary may require notice of the happening of an
                  event or a change in circumstances

          575.    Secretary may require recipient to give particular
                  information relevant to payment of job search allowance

          576.    Self-incrimination

            Division 8 - Continuation, variation and termination

                Subdivision A - General

          577.    Continuing effect of determination

                 Subdivision B - Automatic termination

          578.    Automatic termination - transfer to new payment type

          579.    Automatic termination - recipient complying with
                  section 574 notification obligations

          580.    Automatic termination - recipient not complying with
                  section 574 notification obligations

          581.    Automatic termination - failure to provide section 575
                  statement

            Subdivision C - Automatic rate reduction

          582.    Automatic rate reduction - partner starting to
                  receive pension or benefit

          583.    Automatic rate reduction - recipient not complying
                  with section 574 notification obligations

                 Subdivision D - Determinations

          584.    Rate increase determination

          585.    Rate reduction determination

          586.    Cancellation or suspension determination

          587.    Resumption of payment after cancellation or suspension

            Subdivision E - Date of effect of determinations

          588.    Date of effect of favourable determination

          589.    Date of effect of adverse determination

      Division 9 - Bereavement payments (death of dependent child)

          590.    Bereavement payments on death of dependent child

          591.    Continued payment of child-related amounts

          592.    Lump sum payable in some circumstances

                 PART 2.12 - NEWSTART ALLOWANCE

       Division 1 - Qualification for and payability of newstart allowance

                 Subdivision A - Basic qualifications

          593.    Qualification for newstart allowance

          594.    Effect of incapacity on qualification

          595.    Persons may be treated as unemployed

          596.    Unemployment due to industrial action

          597.    Move to area of lower employment prospects

          598.    Liquid assets test disqualification

          599.    Registration by CES

          600.    Prospective determinations for some allowees

                 Subdivision B - Activity test

          601.    Activity test

          602.    Relief from activity test - certain persons over 55 in
                  employment

          603.    Relief from activity test - general

            Subdivision C - Newstart Activity Agreements

          604.    Newstart Activity Agreements

          605.    Newstart Activity Agreements - requirement

          606.    Newstart Activity Agreements - terms

          607.    Newstart Activity Agreements - failure to negotiate

        Subdivision D - Situations where allowance not payable (general)

          608.    Newstart allowance not payable in certain situations

          609.    Provision of tax file number

          610.    Provision of partner's tax file number

          611.    Assets test - allowance not payable if assets value limit
                  exceeded

          612.    Value of assets of members of couples

          613.    Full-time students

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          614.    Multiple entitlement exclusion

          615.    Provisional commencement day

          616.    Commencement of newstart allowance

  Subdivision E - Situations where allowance not payable (waiting periods)

          617.    Unused annual leave waiting period

          618.    Notional leave period

          619.    Duration of unused annual leave waiting period

          620.    Ordinary waiting period

          621.    Duration of ordinary waiting period

          622.    Education leavers waiting period

          623.    Duration of education leavers waiting period

    Subdivision F - Situations where allowance not payable (recipient
                          non-compliance)

          624.    Removal from allowance for failure to satisfy activity test

          625.    Removal from allowance for failure to enter Newstart
                  Activity Agreement

          626.    Removal from allowance for failure to comply with
                  Newstart Activity Agreement

          627.    Secretary may require a person to attend the Department or
                  CES etc.

          628.    Unemployment due to voluntary act

          629.    Unemployment due to misconduct

          630.    Refusal of job offer

          631.    Removal from allowance for failure to comply with
                  notification requirements

          632.    Removal from allowance for failure to continue CES
                  registration

          633.    Seasonal workers

          634.    Move to area of lower employment prospects

                 Division 2 - Claim for newstart allowance

          635.    Need for a claim

          636.    Form of claim

          637.    Lodgment of claim

          638.    Claimant must be Australian resident and in Australia

          639.    Secretary may require claimant to give statement of
                  partner's tax file number

                 Division 3 - Determination of claim

          640.    Secretary to determine claim

          641.    Grant of claim

          642.    Date of effect of determination

                 Division 4 - Rate of newstart allowance

          643.    How to work out a person's newstart allowance rate

          644.    Newstart training supplement

                 Division 5 - Payment of newstart allowance

          645.    Commencement of newstart allowance

          646.    Instalments

          647.    Instalments for period less than a fortnight

          648.    Rounding off instalment

          649.    Manner of payment

          650.    Nominee payments

          651.    Payment into bank account etc.

          652.    Where allowance payday would fall on public holiday etc.

          653.    Payment of allowance after death

                 Division 6 - Protection of newstart allowance

          654.    Newstart allowance to be absolutely inalienable

          655.    Effect of garnishee or attachment order

                 Division 7 - Recipient obligations

          656.    Secretary may require recipient to give statement of
                  partner's tax file number

          657.    Secretary may require notice of the happening of an
                  event or a change in circumstances

          658.    Secretary may require recipient to give particular
                  information relevant to payment of newstart allowance

          659.    Self-incrimination

                 Division 8 - Continuation, variation and termination

                           Subdivision A - General

          660.    Continuing effect of determination

                      Subdivision B - Automatic termination

          660A.    Automatic termination - transfer to new payment type

          660B.    Automatic termination - recipient complying with
                   section 657 notification obligations

          660C.    Automatic termination - recipient not complying
                   with section 657 notification obligations

          660D.    Automatic termination - failure to provide section 658
                   statement

                 Subdivision C - Automatic rate reduction

          660E.    Automatic rate reduction - partner starting to
                   receive pension or benefit

          660F.    Automatic rate reduction - recipient not complying with
                   section 657 notification obligations

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                 Subdivision D - Determinations

          660G.    Rate increase determination

          660H.    Rate reduction determination

          660I.    Cancellation or suspension determination

          660J.    Resumption of payment after cancellation or suspension

                 Subdivision E - Date of effect of determinations

          660K.    Date of effect of favourable determination

          660L.    Date of effect of adverse determination

            Division 9 - Bereavement payments (death of dependent child)

          660M.    Bereavement payments on death of dependent child

          660N.    Continued payment of child-related amounts

          660O.    Lump sum payable in some circumstances

    8.    Newstart allowance

    9.    Job search allowees under 18

   10.    Qualification for sickness benefit

   11.    Secretary may review decisions

   12.    Application for review

   13.    Application of Part

   14.    Application requirement for certain decisions

   15.    Non-reviewable decisions

   16.    Insertion of new section:

          1252A.    Automatic payment if review of section 607 terms decision
                    sought

   17.    SSAT review powers (decisions other than rate of
          return decisions and Newstart Activity Agreement decisions)

   18.    Insertion of new section:

          1254A.    SSAT review powers (Newstart Activity Agreement decision)

   19.    Date of effect of SSAT decisions (other than rate of return
          decisions and Newstart Activity Agreement decisions)

   20.    Insertion of new section:

          1256A.    Date of effect of SSAT decision (Newstart Activity
                    Agreement decision)

   21.    Insertion of new section:

          1298A.    The Secretary and the Employment Secretary may agree on
                    administrative arrangements

   22.    Delegation

   23.    Authorised review officers

   24.    Annual Report

   25.    Appropriation

   26.    Consequential amendments

   27.    Transitional - allowances

   28.    Transitional - no payment under repealed Parts

   29.    Transitional - delegation

              PART 3 - AMENDMENT OF THE HEALTH INSURANCE ACT 1973

   30.    Principal Act

   31.    Interpretation

              PART 4 - AMENDMENT OF THE NATIONAL HEALTH ACT 1953

   32.    Principal Act

   33.    Interpretation

                               SCHEDULE
         CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - LONG TITLE


      An Act to amend the law relating to social security to provide for
                certain new allowances, and for related purposes


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - PART 1
                      PART 1 - PRELIMINARY




SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 1
Short title


                                           (Assented to 25 June 1991)
  1. This Act may be cited as the Social Security (Job Search and Newstart)
Amendment Act 1991.

(Minister's second reading speech made in-
         House of Representatives on 18 April 1991
         Senate on 14 May 1991)


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 2
Commencement


  2. This Act commences immediately after the commencement of the Social
Security Act 1991.*1* Note: the Social Security Act 1991 commences on 1 July
1991.
*1* No. 46, 1991.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - PART 2
          PART 2 - AMENDMENTS OF THE SOCIAL SECURITY ACT 1991




SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 3
Principal Act


  3. In this Part, "Principal Act" means the Social Security Act 1991.*1*
*1* No. 46, 1991.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 4


  4. After section 5 of the Principal Act, the following section is inserted:
Family relationships definitions - JSA and NSA
  "5A. In Parts 2.11 and 2.12, unless the contrary intention appears:

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`family member' in relation to a person means:
  (a)  the partner, father or mother of the person; or
  (b)  a sister, brother or child of the person; or
  (c)  another person who the Secretary considers should be treated for the
purposes of those Parts as one of the person's relations described in
paragraph (a) or (b).".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 5


  5. After section 14 of the Principal Act the following section is inserted:
Social security benefit liquid assets test definitions
  "14A. (1) In this Act, unless the contrary intention appears:
`liquid assets', in relation to a person, means the person's cash and readily
realisable assets, and includes:
  (a)  the person's shares and debentures in a public company within the
meaning of the Companies Act 1981; and
  (b)  amounts deposited with, or lent to, a bank or other financial
institution by the person (whether or not the amount can be withdrawn or
repaid immediately); and
  (c)  amounts due, and able to be paid, to the person by, or on behalf of, a
former employer of the person;
but does not include an amount that is a qualifying eligible termination
payment for the purposes of Subdivision AA of Part III of the Income Tax
Assessment Act;
`maximum reserve', in relation to a person, means:
  (a)  if the person is not a member of a couple and does not have a dependent
child - $5,000; or
  (b)  in any other case - $10,000.
  "(2) For the purposes of this Act, a person's liquid assets are to be taken
to include:
  (a)  the liquid assets of the person's partner; and
  (b)  the liquid assets of the person and the person's partner.
  "(3) If:
  (a)  during the 4 weeks immediately before a person claims job search
allowance, newstart allowance or sickness benefit, the person or the person's
partner transfers liquid assets to a person of any age who is the natural or
adopted child of the person or the partner; and
  (b)  either:
    (i)  the person transferring receives no consideration or
inadequate consideration, in money or money's worth for the transfer; or
    (ii)  the Secretary is satisfied that the purpose, or the
dominant purpose, of the transfer was to enable the claimant to obtain job
search allowance, newstart allowance or sickness benefit;
then the transfer is to be taken, for the purposes of this section, not to
have occurred.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 6
General definitions


  6. Section 23 of the Principal Act is amended:
  (a) by omitting from subsection (1) the definitions of "JSA automatic
deferment provision" and "JSA discretionary deferment provision" and
substituting the following definitions:
" `JSA automatic deferment provision' (job search allowance deferment
provision) means:
  (a)  subsection 542 (1) (failure to satisfy activity test); or
  (b)  subsection 543 (3) (failure to comply with Secretary's requirements);
or
  (c)  subsection 544 (1) (unemployment due to voluntary act); or
  (d)  subsection 545 (1) (unemployment due to misconduct); or
  (e)  subsection 546 (1) (refusal of job offer); or
  (f)  subsection 547 (1) (failure to comply with notification requirement);
`JSA discretionary deferment provision' (job search allowance discretionary
deferment provision) means:
  (a)  subsection 543 (1) (failure to comply with Secretary's requirements);
or
  (b)  subsection 548 (1) (failure to continue CES registration); or
  (c)  subsection 549 (1) (seasonal workers); or
  (d)  subsection 550 (1) (lower employment prospects);";
  (b)  by inserting in subsection (1) the following definitions:
" `automatic deferment provision' means:
  (a)  a JSA automatic deferment provision; or
  (b)  a NS automatic deferment provision; or
  (c)  section 126 of the Social Security Act 1947;
`Employment Department' means the Department of Employment, Education and
Training;
`Employment Secretary' means the Secretary to the Employment Department;
`NS allowance automatic deferment provision' (newstart automatic allowance
deferment provision) means:
  (a)  subsection 624 (1) (failure to satisfy activity test); or
  (b)  subsection 625 (1) (failure to enter Newstart Activity Agreement); or
  (c)  subsection 626 (1) (failure to comply with Newstart Activity
Agreement); or
  (d)  subsection 627 (3) (failure to comply with Secretary's requirements);

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or
  (e)  subsection 628 (1) (unemployment due to voluntary act); or
  (f)  subsection 629 (1) (unemployment due to misconduct); or
  (g)  subsection 630 (1) (refusal of job offer); or
  (h)  subsection 631 (1) (failure to comply with notification requirements);
`NS discretionary deferment provision' (newstart allowance discretionary
deferment provision) means:
  (a)  subsection 627 (1) (failure to comply with Secretary's requirements);
or
  (b)  subsection 632 (1) (failure to continue CES registration); or
  (c)  subsection 633 (1) (seasonal workers); or
  (d)  subsection 634 (1) (lower employment prospects);";
  (c)  by inserting after subsection (4) the following subsection:
 "(4A) A person registered by the CES as being unemployed is registered in an
allowance category as being unemployed if the person is registered in a
category approved by the Employment Secretary for the purposes of Parts 2.11
and 2.12 as being unemployed.
Note: the CES registers the unemployed in various categories. To be qualified
for a job search allowance or a newstart allowance a person must be registered
in one of those categories that has been approved for the purposes of those
allowances.";
  (d)  by inserting after subsection (10) the following subsections:
 "(10A) If a person is subject to a liquid assets test disqualification period
for a social security benefit, the person is to be taken to have served the
disqualification period if, and only if:
  (a)  the disqualification period has ended; and
  (b)  the person was, apart from the liquid assets test provision concerned,
qualified for the benefit throughout so much of the disqualification period as
occurs after the claim for the benefit was made.

 "(10B) For the purposes of subsection (10A), the liquid assets test
provisions are sections 519 and 598.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 7


  7. Parts 2.11 and 2.12 of the Principal Act are repealed and the following
Parts substituted:
               "PART 2.11 - JOB SEARCH ALLOWANCE
   "Division 1 - Qualification for and payability of job search allowance
             "Subdivision A - Basic qualifications
Qualification for job search allowance
  "513. Subject to sections 514, 515 and 519, a person is qualified for a job
search allowance in respect of a period if:
  (a)  the person satisfies the Secretary that throughout the period the
person is unemployed; and
  (b)  throughout the period, or for each period within the period, the person
either:
    (i)  satisfies the activity test; or
    (ii)  is not required to satisfy the activity test; and
  (c)  throughout the period, the person:
    (i)  is at least 16 and has not reached the pension age;
and
    (ii)  is an Australian resident; and
    (iii)  is in Australia; and
    (iv)  is registered by the CES in an allowance category as
being unemployed; and
  (d)  throughout the period, or throughout each period within the period, the
person:
    (i)  has not turned 18; or
    (ii)  has turned 18 but has not been registered as required
by subparagraph (c) (iv) for longer than 12 months.
Note 1: a person may be treated as unemployed (see section 516).
Note 2: the activity test is set out in section 522.
Note 3: `CES' means Commonwealth Employment Service (see section 23).
Note 4: for `pension age' see section 23.
Note 5: for `Australian resident' see section 7.
Note 6: for `allowance category' see subsection 23 (4A).
Note 7: a person may not be qualified if the person's unemployment is due to
industrial action (see section 517).
Note 8: a person may not be qualified if the person has reduced the person's
employment prospects by moving to an area of lower employment prospects (see
section 518).
Note 9: where circumstances beyond a person's control prevent the person from
being registered by the CES, this requirement may be waived (see section
520).
Note 10: a person unregistered by the CES for up to 6 weeks may be taken to be
registered (see section 520).
Note 11: a job search allowance is not payable in certain situations even if
the person is qualified (see Subdivisions C, D or E).
Note 12: a job search allowance may continue to be paid during incapacity (see
section 514).
Note 13: qualification for a job search allowance may continue to end of last
pay period (see section 515).

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Effect of incapacity on qualification
  "514. (1) In this section:
`change day', in relation to a person, means the day on which the person
ceases to be qualified for a job search allowance because of paragraph 513 (d)
(turning 18 and being registered for longer than 12 months);
`sickness period', in relation to a person, means a period:
  (a)  for which the person would be qualified for a sickness benefit under
section 666 if subsection 666 (3) were disregarded; and
  (b)  that begins while the person is receiving a job search allowance.
  "(2) A person is qualified for a job search allowance in respect of:
  (a)  a sickness period of the person all of which occurs before the person
turns 18; or
  (b)  so much of a sickness period of the person as occurs before the person
turns 18.
  "(3) Subject to subsections (4) and (5), but without limiting subsection
(2), a person is qualified for a job search allowance in respect of a sickness
period of the person that the Secretary does not expect to be longer than 6
weeks.
  "(4) If:
  (a)  a person is qualified for a job search allowance in respect of a period
under subsection (3); and
  (b)  the period lasts for longer than 6 weeks;
the person ceases to be qualified for a job search allowance 6 weeks after the
period began.
  "(5) A person is not qualified for a job search allowance in respect of any
part of a sickness period that occurs after the person's change day.
Job search allowance may continue to end of payment period
  "515. If:
  (a)  a person is in receipt of a job search allowance; and
  (b)  but for this section, the person would cease on a particular day to be
qualified for the allowance because of paragraph 513 (d); and
  (c)  that day falls in, and is not the last day of, a period for which an
instalment of job search allowance is payable to the person;
the person continues to be qualified for the allowance until the end of that
period.
Persons may be treated as unemployed
  "516. (1) If:
  (a)  a person undertakes paid work during a period; and
  (b)  the Secretary is of the opinion that, taking into account:
    (i)  the nature of the work; and
    (ii)  the duration of the work; and
    (iii)  any other matters relating to the work that the
Secretary considers relevant;
the work should be disregarded;
the Secretary may treat the person as being unemployed throughout the period.
  "(2) A person complying with a requirement under subsection 522 (2)
(activity test) is to be treated by the Secretary as being unemployed.
Unemployment due to industrial action
  "517. (1) A person is not qualified for a job search allowance in respect of
a period unless the person satisfies the Secretary that the person's
unemployment during the period was not due to the person being, or having
been, engaged in industrial action or in a series of industrial actions.
  "(2) A person is not qualified for a job search allowance in respect of a
period unless the Secretary is satisfied:
  (a)  that the person's unemployment during the period was due to other
people being, or having been, engaged in industrial action or in a series of
industrial actions; and
  (b)  the people, or some of the people, were members of a trade union which
was involved in the industrial action; and
  (c)  the person was not a member of the trade union during the period.
  "(3) Subsections (1) and (2) do not prevent a person from being qualified
for a job search allowance in respect of a period that occurs after the
relevant industrial action or series of industrial actions has stopped.
Note: for `industrial action', `trade union' and `unemployment' see section
16.
Move to area of lower employment prospects
  "518. (1) Subject to subsection (2), a person is not qualified for a job
search allowance on a day on which, in the opinion of the Secretary, the
person has reduced his or her employment prospects by moving to a new place of
residence without sufficient reason.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) For the purposes of subsection (1), a person has a sufficient reason
for moving to a new place of residence if and only if the person:
  (a)  moves to live with a family member who has already established his or

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her residence in that place of residence; or
  (b)  moves to live near a family member who has already established
residence in the same area; or
  (c)  satisfies the Secretary that the move is necessary for the purposes of
treating or alleviating a physical disease or illness suffered by the person
or by a family member.
Note: for `family member' see section 5A.
Liquid assets test disqualification
  "519. (1) Subject to subsections (5), (6), (7) and (8), if:
  (a)  the value of a person's liquid assets exceeds the person's maximum
reserve on:
    (i)  the day on which the person becomes unemployed; or
    (ii)  the day on which the person claims a job search
allowance; and
  (b)  the person is not a transferee to a job search allowance;
the person is not qualified for a job search allowance for a period unless the
person has served the liquid assets test waiting period in relation to the
claim before the beginning of that period.
Note 1: for `liquid assets' see section 14A.
Note 2: for `maximum reserve' see section 14A.
Note 3: for `transferee to a job search allowance' see subsections 23 (6) and
(7).
Note 4: for serving the liquid assets test waiting period see subsection 23
(10).
  "(2) The liquid assets test waiting period in relation to the claim lasts
for 4 weeks.
  "(3) Subject to subsection (4), the liquid assets test waiting period in
relation to the claim starts on the day on which the person becomes
unemployed.
  "(4) If:
  (a)  a person becomes incapacitated for work; and
  (b)  because of section 668A (sickness benefit liquid assets test waiting
period), the person is not qualified for sickness benefit during the period of
4 weeks that starts on the day on which the person becomes incapacitated for
work; and
  (c)  within that period of 4 weeks:
    (i)  the person ceases to be incapacitated for work; and
    (ii)  the person becomes registered by the CES in an
allowance category as being unemployed; and
  (d)  within 14 days after the day on which the person becomes so registered
by the CES, the person claims a job search allowance;
the liquid assets test waiting period starts on the day on which the person
becomes incapacitated for work.
  "(5) If the Secretary is satisfied that the application of subsection (1) to
a person will cause undue long term disadvantage or significant hardship to
the person, the Secretary may:
  (a)  waive the application of that subsection to the person; and
  (b)  authorise the payment of a job search allowance to the person.
  "(6) Subsection (1) does not apply to a person if both of the following
conditions apply:
  (a)  the person is a transferee to job search allowance;
  (b)  the person claims the job search allowance:
    (i)  within 14 days of the transfer day; or
    (ii)  where the person becomes registered by the CES in an
allowance category as being unemployed within 14 days after the transfer day -
within 14 days of the person becoming so registered or such further period as
the Secretary considers reasonable.
  "(7) Subsection (1) does not apply to a person who becomes qualified for a
job search allowance at the end of a period for which, under subsection 520
(3), the person is taken to have been registered by the CES in an allowance
category as being unemployed (non-registration up to 6 weeks).
  "(8) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
Registration by CES
  "520. (1) The Secretary may decide that a person does not have to satisfy
subparagraph 513 (c) (iv) (CES registration) for a period if:
  (a)  the person was not registered as unemployed by the CES during the
period; and
  (b)  the Secretary is satisfied that there are circumstances beyond the
person's control relating to the person's failure to be registered; and
  (c)  having regard to those circumstances, the Secretary is satisfied that
the person's failure to be registered should be disregarded in respect of the
period.
  "(2) If, because of subsection (1), a person does not have to satisfy
subparagraph 513 (c) (iv) for a period, then, for the purposes of subparagraph

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513 (d) (ii) (registration not to be longer than 12 months), the period is one
for which the person is taken to be registered as required by subparagraph 513
(c) (iv).
  "(3) If a person:
  (a)  is registered by the CES in an allowance category as being unemployed;
and
  (b)  ceases for a period of not longer than 6 weeks to be registered by the
CES in an allowance category as being unemployed; and
  (c)  at the end of that period becomes registered by the CES in an allowance
category as being unemployed;
then, for the purposes of subparagraph 513 (d) (ii), the person is taken to
have been registered throughout that period by the CES in an allowance
category as being unemployed.
Note: `CES' means Commonwealth Employment Service (see section 23).
Prospective determinations for some allowees
  "521. (1) A person is qualified for job search allowance in respect of a
period, if:
  (a)  the person was, immediately before starting to receive job search
allowance, receiving:
    (i)  a social security benefit; or
    (ii)  a sheltered employment allowance; or
    (iii)  a rehabilitation allowance; and
  (b)  the last payment of that benefit or allowance was made in respect of a
period that ended after the day on which the payment was made; and
  (c)  the person may, in the Secretary's opinion, reasonably be expected to
satisfy the qualification requirements for job search allowance (see sections
513 to 520) during the period.
  "(2) A person is qualified for job search allowance for a period, if the
person:
  (a)  has turned 55 and:
    (i)  in the case of a woman - has not turned 59 and 6
months; and
    (ii)  in the case of a man - has not turned 64 and 6
months; and
  (b)  is in receipt of a job search allowance; and
  (c)  has in the previous 12 months been in continuous receipt of one or a
combination of the following:
    (i)  a job search allowance;
    (ii)  a newstart allowance;
    (iii)  an unemployment benefit under the Social Security Act 1947;
    (iv)  a sickness benefit;
    (v)  a special benefit; and
  (d)  is not indebted to the Commonwealth under or as a result of this Act;
  (e)  is not, in the Secretary's opinion, likely to be employed; and
  (f)  will, in the Secretary's opinion, comply with the requirements of this
Act; and
  (g)  may, in the Secretary's opinion, reasonably be expected to satisfy the
qualification requirements for job search allowance (see sections 513 to 520)
during the period.
  "(3) A person is qualified for job search allowance for a period if:
  (a)  the person is in receipt of job search allowance; and
  (b)  the person was granted unemployment benefit under the Social Security
Act 1947 before 1 November 1977; and
  (c)  the person may, in the Secretary's opinion, reasonably be expected to
satisfy the qualification requirements for job search allowance (see sections
513 to 520) during the period.
          "Subdivision B - Activity test
Activity test
  "522. (1) Subject to subsection (3), a person satisfies the activity test in
respect of a period if the person satisfies the Secretary that, throughout the
period, the person is:
  (a)  actively seeking; and
  (b)  willing to undertake;
paid work that in the opinion of the Secretary is suitable to be undertaken by
the person.
  "(2) A person also satisfies the activity test in respect of a period if:
  (a)  the Secretary is of the opinion that, throughout the period, the
person:
    (i)  should undertake particular paid work that, in the
opinion of the Secretary, is suitable to be done by the person; or
    (ii)  should:
       (A)  undertake a course of vocational training; or
       (B)  participate in a labour market program; or
       (C)  participate in another course;
approved by the Employment Secretary which is likely to:
       (D)  improve the person's prospects of obtaining suitable
paid work; or
       (E)  assist the person in seeking suitable paid work; or
    (iii)  in a case where the person lives in an area where:
       (A)  there is no locally accessible labour market; and

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       (B)  there is no locally accessible vocational training
course or labour market program;
should participate in an activity suggested by the person and approved by the
CES; and
  (b)  the Secretary notifies the person that the person is required to act in
accordance with the opinion; and
  (c)  the person takes reasonable steps to comply, throughout the period,
with the Secretary's requirement.
Note: for `Employment Secretary' see section 23.
  "(3) If a person fails to take reasonable steps to comply, throughout a
period, with a requirement of the Secretary under subsection (2), the person
cannot be taken to satisfy the activity test in respect of that period in
spite of any compliance of the person with subsection (1).
Note: for situations where a person is not required to satisfy the activity
test see:
  (a)  section 523 (persons attending training camps);
  (b)  section 524 (certain allowees under 18 engaged in voluntary work).
  (c)  section 525 (certain allowees over 55 engaged in voluntary work).
Relief from activity test - general
  "523. (1) A person is taken to satisfy the activity test in respect of a
period when the person is attending a training camp as a member of:
  (a)  the Australian Naval Reserve; or
  (b)  the Naval Emergency Reserve Forces; or
  (c)  the Australian Army Reserve; or
  (d)  the Australian Airforce Reserve; or
  (e)  the Airforce Emergency Force; or
  (f)  the Regular Army Emergency Reserve.
  "(2) Where the Secretary considers that:
  (a)  it would be reasonable to assume that:
    (i)  at the end of a period a person is present in an area
described in subparagraph 522 (2) (a) (iii); and
    (ii)  the person is throughout the period:
       (A)  unemployed; and
       (B)  capable of undertaking paid work that in the
Secretary's opinion is suitable to be undertaken by the person; and
       (C)  willing to undertake paid work that in the Secretary's
opinion is suitable to be undertaken by the person; and
  (b)  having regard to all the relevant factors, including:
    (i)  the location of offices of the Department; and
    (ii)  difficulties with transport and communication; and
    (iii)  the educational and cultural background of the person;
it would be unreasonable to expect the person to comply with the activity test
in order to be qualified for job search allowance for that period;
then, unless the person has been notified of a requirement under subsection
522 (2) in relation to the period, the person is taken to satisfy the activity
test during that period.
Note 1: for `activity test' see section 522.
Note 2: for `remote area' see section 14.
Relief from activity test - certain allowees under 18 engaged in voluntary
work
  "524. (1) Subject to subsection (2), a person who has not turned 18 is not
required to satisfy the activity test in respect of a period if:
  (a)  on each day in the period the person is engaged in full-time voluntary
work with an approved organisation; and
  (b)  the person has been a qualified beneficiary for at least 3 months
immediately before the person starts working for the organisation.
Note 1: for `approved organisation' and `qualified beneficiary' see section
15.
Note 2: for `activity test' see section 522.
  "(2) Subsection (1) does not apply to a day if:
  (a)  there are already 20 days in the same calendar year on which the person
is not required to satisfy the activity test because of subsection (1); or
  (b)  having regard to the opportunities, or possible opportunities, for
employment that become available to the person on or before the day, the
Secretary considers that subsection (1) should not apply in relation to that
day.
Relief from activity test - certain allowees over 55 engaged in voluntary
work
  "525. (1) Subject to subsection (2), a person is not required to satisfy the
activity test in respect of a period if, on each day in the period:
  (a)  the person is at least 55; and
  (b)  the person is engaged in full-time voluntary work within an approved
organisation.
Note 1: for `approved organisation' see section 15.
Note 2: for `activity test' see section 522.
  "(2) Subsection (1) does not apply to a day if:
  (a)  there are already 65 consecutive days in the same calendar year on
which the person is not required to satisfy the activity test because the
person is working for that organisation; or
  (b)  having regard to the opportunities, or possible opportunities, for

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employment that become available to the person on or before the day, the
Secretary considers that subsection (1) should not apply in relation to that
day.

   "Subdivision C - Situations where allowance not payable (general)
Job search allowance not payable in certain situations
  "526. (1) A job search allowance is not payable to a person for a period
during which the person is qualified for job search allowance (see section
513) if during that period:
  (a)  the person has not provided a tax file number for the person (see
section 527) or for the person's partner (see section 528); or
  (b)  the value of the person's assets exceeds the person's assets value
limit (see sections 529 and 530); or
  (c)  the person is a full-time student (see section 531); or
  (d)  another income support payment is being paid to the person (see section
532); or
  (e)  the job search allowance has not commenced to be payable (see sections
534 and 562); or
  (f)  the person is subject to an unused annual leave waiting period and has
not served that waiting period (see sections 535 to 537); or
  (g)  the person is subject to an ordinary waiting period and has not served
that waiting period (see sections 538 and 539); or
  (h)  the person is subject to an education leavers waiting period and that
period has not ended (see sections 540 and 541); or
  (i)  the person fails to comply with a requirement that the person:
    (i)  attend an office of the Department or of the CES; or
    (ii)  contact the Department or the CES; or
    (iii)  give information;
as required by section 543; or
  (j)  a period of non-payment has been imposed because:
    (i)  the person had previously ceased to be qualified for
job search allowance for failure to satisfy the activity test (see section
542); or
    (ii)  the person had previously failed to comply with a
requirement (see section 543) to:
       (A)  attend an office of the Department or of the CES; or
       (B)  contact the Department or the CES; or
       (C)  give information; or
    (iii)  the person's unemployment is due to a voluntary act
of the person (see section 544); or
    (iv)  the person's unemployment is due to misconduct by the
person (see section 545); or
    (v)  the person has refused an offer of employment (see
section 546); or
    (vi)  the person failed to comply with notification
requirements (see section 547); or
    (vii)  the person had previously ceased to be qualified for
job search allowance because the person was not registered with the CES in an
allowance category as being unemployed (see section 548); or
    (viii)  the person is a seasonal worker (see section 549);
or
    (ix)  the person moved to an area of lower employment
prospects (see section 550); or
  (k)  the person is in gaol (see Part 3.13); or
  (l)  the person is subject to a compensation preclusion period (see Part
3.14).
Note 1: for `serving a waiting period' see subsection 23 (10).
Note 2: `CES' means Commonwealth Employment Service (see section 23).
Note 3: for `allowance category' see subsection 23 (4A).
  "(2) A job search allowance is not payable to a person if the person's job
search allowance rate would be nil.
Provision of tax file number
  "527. (1) A job search allowance is not payable to a person unless:
  (a)  the person has given the Secretary a written statement of the person's
tax file number; or
  (b)  the person has given the Secretary an employment declaration and
satisfies either subsection (2) or (3).
Note: the Secretary can require a person to quote tax file number under
section 1308.
  "(2) A person satisfies this subsection if:
  (a)  the employment declaration states that the person:
    (i)  has a tax file number but does not know what it is;
and
    (ii)  has asked the Commissioner of Taxation to inform him
or her of the number; and
  (b)  the person has given the Secretary a document authorising the
Commissioner of Taxation to tell the Secretary:
    (i)  whether the person has a tax file number; and
    (ii)  if the person has a tax file number-the tax file
number; and
  (c)  the Commissioner of Taxation has not told the Secretary that the person

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has no tax file number.
  "(3) A person satisfies this subsection if:
  (a)  the employment declaration states that an application by the person for
a tax file number is pending; and
  (b)  the person has given the Secretary a document authorising the
Commissioner of Taxation to tell the Secretary:
    (i)  if a tax file number is issued to the person-the tax
file number; or
    (ii)  if the application is refused-that the application
has been refused; or
    (iii)  if the application is withdrawn-that the
application has been withdrawn; and
  (c)  the Commissioner of Taxation has not told the Secretary that an
application by the person for a tax file number has been refused; and
  (d)  the application for a tax file number has not been withdrawn.
Provision of partner's tax file number
  "528. (1) Subject to subsection (4), a job search allowance is not payable
to a person if:
  (a)  the person is a member of a couple; and
  (b)  the person is required under section 555 or 573 to give the Secretary a
written statement of the tax file number of the person's partner; and
  (c)  at the end of the period of 28 days after the requirement is made the
person has neither:
  (i)  given the Secretary a written statement of the partner's tax file
number; nor
  (ii)  given the Secretary a declaration by the partner in a form approved by
the Secretary and satisfied either subsection (2) or (3).
  "(2) The person satisfies this subsection if:
  (a)  the partner's declaration states that the partner:
  (i)  has a tax file number but does not know what it is; and
  (ii)  has asked the Commissioner of Taxation to inform the partner of the
partner's number; and
  (b)  the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
  (i)  whether the partner has a tax file number; and
  (ii)  if the partner has a tax file number-the tax file number; and
  (c)  the Commissioner of Taxation has not told the Secretary that the
partner has no tax file number.
  "(3) The person satisfies this subsection if:
  (a)  the partner's declaration states that an application by the partner for
a tax file number is pending; and
  (b)  the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
    (i)  if a tax file number is issued to the partner-the
tax file number; or
    (ii)  if the application is refused-that the application
has been refused; or
    (iii)  if the application is withdrawn-that the
application has been withdrawn; and
  (c)  the Commissioner of Taxation has not told the Secretary that an
application by the partner for a tax file number has been refused; and
  (d)  the application for a tax file number has not been withdrawn.
  "(4) The Secretary may waive the requirement for a statement of the
partner's tax file number if the Secretary is satisfied that:
  (a)  the person does not know the partner's tax file number; and
  (b)  the person can obtain none of the following from the partner:
    (i)  the partner's tax file number;
    (ii)  a statement of the partner's tax file number;
    (iii)  a declaration by the partner under subparagraph (1) (c) (ii).
Assets test-allowance not payable if assets value limit exceeded
  "529. (1) A job search allowance is not payable to a person if:
  (a)  the person is not excluded from the job search allowance assets test;
and
  (b)  the value of the person's assets exceeds the person's assets value
limit.
  "(2) A person is excluded from the job search allowance assets test if the
person:
  (a)  has not turned 18; and
  (b)  is not a member of a couple; and
  (c)  does not have a dependent child; and
  (d)  is not an independent young person; and
  (e)  is not a homeless person.
  "(3) A person's assets value limit is worked out using the following table:
work out which family situation applies to the person; the assets value limit
is the corresponding amount in the `assets value limit' column.
                      ASSETS VALUE LIMIT TABLE
  column 1  column 2                          column 3
  item      person's family             assets value limit
            situation               column 3A          column 3B
                                    either person or   neither person nor

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                                    partner homeowner  partner homeowner
  1.        Not member of a couple  $110,750           $190,250
  2.        Partnered (partner      $157,500           $237,000
            getting neither pension
            nor allowance)
  3.        Partnered (partner      $78,750            $118,500
            getting pension or
            allowance)
Note 1: for `member of a couple', `partnered (partner getting neither pension
nor allowance)' and `partnered (partner getting pension or allowance)' see
section 4.
Note 2: for `homeowner' see section 11.
Note 3: if item 2 applies to a person, the value of all the assets of the
person's partner are to be taken as being included in the value of the
person's assets (see subsection 530 (1)) - this is why the assets value limit
is so high. If, on the other hand, item 3 applies to a person, the value of
the person's assets is only half the combined value of the person's assets and
the assets of the person's partner (see subsection 530 (2)).
Note 4: if a job search allowance is not payable to a person because of the
value of the person's assets, the person may be able to take advantage of
provisions dealing with financial hardship (see sections 1131 and 1132).
Note 5: the assets value limits of items 1 and 3 in column 3A and item 3 in
column 3B are indexed annually in line with CPI increases (see sections 1191
to 1194).
Note 6: the assets value limit of item 1 in column 3B is adjusted annually
(see subsection 1204 (1)).
Note 7: the item 2 assets value limits are adjusted annually so that they are
twice the corresponding item 3 limits (see subsections 1204 (2) and (3)).

Value of assets of members of couples
  "530. (1) If:
  (a)  a person is a member of a couple; and
  (b)  the person's partner:
    (i)  is not in receipt of a social security or service
pension; and
    (ii)  is not in receipt of a social security benefit;
the value of the person's assets, or of assets of a particular kind of the
person, includes the value of the partner's assets or of assets of that kind
of the partner.
Note: `social security pension' includes a sheltered employment or
rehabilitation allowance.
  "(2) If:
  (a)  a person is a member of a couple; and
  (b)  the person's partner is in receipt of:
    (i)  a social security or service pension; or
    (ii)  a social security benefit;
the value of:
  (c)  the person's assets is taken to be 50% of the sum of the value of the
assets of the person and the value of the assets of the person's partner; and
  (d)  the person's assets of a particular kind are taken to be 50% of the sum
of the value of the assets of that kind of the person and the value of the
assets of that kind of the person's partner.
Full-time students
  "531. (1) Subject to subsection (2), a job search allowance is not payable
to a person who is enrolled in a full-time course of education or vocational
training for the period that:
  (a)  starts when the person starts the course; and
  (b)  finishes when the person:
    (i)  completes the course; or
    (ii)  abandons the course; or
    (iii)  gives notice to the provider of the course that the
person:
       (A)  wishes to withdraw from the course; or
       (B)  wishes to withdraw from such number of subjects that
the person's course will no longer be a full-time course; and
  (c)  includes periods of vacation; and
  (d)  does not include periods of deferment.
  "(2) Subsection (1) does not prevent a job search allowance from being
payable for any period during which:
  (a)  a person is enrolled in a course that the Secretary has required the
person to undertake under subsection 522 (2); or
  (b)  the person has deferred a course of education.

Multiple entitlement exclusion
  "532. (1) A job search allowance is not payable to a person if the person is
already receiving a service pension.
  "(2) If:
  (a)  a person is receiving a job search allowance; and
  (b)  a social security pension, another social security benefit or a service
pension becomes payable to the person;
a job search allowance is not payable to the person.
Note 1: another payment type will generally not become payable to the person

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until the person claims it.
Note 2: `social security pension' includes sheltered employment and
rehabilitation allowances.
Note 3: for the day on which the job search allowance ceases to be payable see
section 577.
  "(3) A job search allowance is not payable to a woman if:
  (a)  the woman is an armed services widow; and
  (b)  the woman is receiving:
  (i)  a pension under Part II or IV of the Veterans' Entitlements Act at a
rate determined under or by reference to subsection 30 (1) of that Act; or
  (ii)  a pension under the Seamen's War Pensions and Allowances Act 1940 at a
rate determined under subsection 18 (2) of that Act.
unless:
  (c)  the woman has been receiving a payment referred to in subparagraph (b)
(i) or (ii) continuously since before 1 November 1986; and
  (d)  before 1 November 1986 the woman was also receiving a social security
benefit.
Note: for `armed services widow' see subsection 4 (1).
  "(4) A job search allowance is not payable to a person for a period if a
payment has been or may be made in respect of the person for that period
under:
  (a)  a prescribed educational scheme other than the ABSTUDY Tertiary Scheme
to the extent that it applies to part-time students; or
  (b)  the scheme to provide an allowance known as the Maintenance Allowance
for Refugees.
Note: for `prescribed educational scheme' see section 5.
  "(5) If:
  (a)  a person enrols in a full-time course of education; and
  (b)  a payment under a scheme referred to in subsection (4) may be made in
respect of the person;
the Secretary may decide that, in spite of subsection (4), job search
allowance is payable to the person for a period before the person starts the
course.

Provisional commencement day
General rule
  "533. (1) Subject to subsections (2), (3), (4) and (5), a person's
provisional commencement day is the day on which the person claims a job
search allowance.
Initial incorrect claim followed by claim for job search allowance
  "(2) If:
  (a)  the person makes a claim (in this subsection called the `initial
claim') for:
    (i)  a social security or service pension or a social
security benefit; or
    (ii)  a pension, allowance, benefit or other payment under
another Act, or under a program administered by the Commonwealth, that is
similar in character to a job search allowance; and
  (b)  on the day on which the person makes the initial claim, the person is
qualified for job search allowance; and
  (c)  the person subsequently makes a claim for job search allowance; and
  (d)  the Secretary is satisfied that it is reasonable for this subsection to
apply to the person;
the person's provisional commencement day is, subject to subsections (3), (4)
and (5), the day on which the person made the initial claim.

Claim within 14 days of CES registration
  "(3) If:
  (a)  a person is not a transferee to job search allowance; and
  (b)  the person is not subject to an education leavers waiting period (see
subsection 540 (1)); and
  (c)  the person becomes registered by the CES in an allowance category as
being unemployed; and
  (d)  the day that would be the person's provisional commencement day under
subsections (1) and (2) occurs:
  (i)  within 14 days after becoming so registered by the CES; or
  (ii)  within such further period after becoming so registered by the CES as
the Secretary considers reasonable;
the person's provisional commencement day is the day on which the person
became registered by the CES.
Note 1: for `transferee' see subsections 23 (6) and (7).
Note 2: for `allowance category' see subsection 23 (4A).

Education leavers who claim within 14 days of CES registration
  "(4) If:
  (a)  a person becomes registered by the CES in an allowance category as
being unemployed; and
  (b)  the person is subject to an education leavers waiting period (see
subsection 540 (1));
the person's provisional commencement day is:
  (c)  if the person becomes so registered by the CES before stopping the
course and the day that would be the person's provisional commencement day
under subsections (1) and (2) occurs:

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    (i)  within 14 days after stopping the course; or
    (ii)  within such further period after stopping the course
as the Secretary considers reasonable;
the day after the last day on which the person was undertaking the course; or
  (d)  if the person becomes so registered by the CES after stopping the
course and the day that would be the person's provisional commencement day
under subsections (1) and (2) occurs:
    (i)  within 14 days after becoming so registered by the
CES; or
    (ii)  within such further period after becoming so
registered by the CES as the Secretary considers reasonable;
the day on which the person became so registered by the CES.
Transferees
  "(5) If a person is a transferee to job search allowance and:
  (a)  the person claims the job search allowance within 14 days after the
transfer day; or
  (b)  both of the following subparagraphs are satisfied:
    (i)  the person becomes registered by the CES in an
allowance category as being unemployed within 14 days after the transfer day;
and
    (ii)  the day that would be the person's provisional
commencement day under subsection (1) and (2) occurs:
     (A)  within 14 days after becoming so registered by the
CES; or
     (B)  within such further period after becoming so
registered by the CES as the Secretary considers reasonable;
the person's provisional commencement day is the person's transfer day.
Note 1: for `transferee to an allowance' and `transfer day' see subsections 23
(6) and (7).
Note 2: for `allowance category' see subsection 23 (4A).
Commencement of job search allowance
  "534. A job search allowance is not payable to a person who is qualified for
the allowance before:
  (a)  where the person is not subject to a waiting period - the person's
provisional commencement day; or
  (b)  if the person is subject to one waiting period only - the first day
after the end of that waiting period; or
  (c)  if the person is subject to more than one waiting period - the first
day after all of the waiting periods have ended.
Note 1: for `provisional commencement day' see section 533.
Note 2: a waiting period is:
  (a) an unused annual leave waiting period (see sections 535 to 537); or
  (b) an ordinary waiting period (see sections 538 and 539); or
  (c) an education leavers waiting period (see sections 540 and 541).
If the person has an unused annual leave waiting period and an ordinary
waiting period, the ordinary waiting period will follow the unused annual
leave waiting period (see subsection 539 (2)). If the person has an education
leavers waiting period and another waiting period, the education leavers
waiting period runs concurrently with the other waiting period and the job
search allowance will not be payable until the longest waiting period has
finished.
   "Subdivision D-Situations where allowance not payable (waiting periods)
Unused annual leave waiting period
  "535. (1) Subject to subsections (2), (3) and (4), a person is subject to an
unused annual leave waiting period if:
  (a)  when the person became unemployed, the person became entitled to
receive a payment for unused annual leave; and
  (b)  the person's provisional commencement day occurs within the notional
leave period.
  "(2) Subsection (1) does not apply to a person if both of the following
conditions apply:
  (a)  the person is a transferee to job search allowance;
  (b)  the person claims the job search allowance:
    (i)  within 14 days of the transfer day; or
    (ii)  where the person becomes registered by the CES in an
allowance category as being unemployed within 14 days after the transfer
day-within 14 days of the person becoming so registered or such further period
as the Secretary considers reasonable.
  "(3) Subsection (1) does not apply to a person who becomes qualified for a
job search allowance at the end of a period for which, under subsection 520
(3), the person is taken to have been registered by the CES in an allowance
category as being unemployed (non-registration up to 6 weeks).
  "(4) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: for `unused annual leave' see section 23.
Note 2: for `notional leave period' see section 536.
Note 3: for `provisional commencement day' see section 533.

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Note 4: `CES' means the Commonwealth Employment Service (see section 23).
Note 5: for `Employment Secretary' see section 23.

Notional leave period
  "536. (1) A person's notional leave period is the period that:
  (a)  starts on the day after the day on which the person's employment has
ended; and
  (b)  runs for the number of days for which the person has unused annual
leave as calculated under subsections (2) and (3).
  "(2) Subject to subsection (3), the number of days for which the person has
unused annual leave is worked out as follows:
  (a)  if the period of unused annual leave is expressed in weeks - multiply
by 7 the number of weeks (including fractions of weeks) in the period of
unused annual leave and disregard any fraction that results;
  (b)  in any other case-multiply by 7 the number of working weeks (including
any fraction of a working week) represented by the period of unused annual
leave and disregard any fraction that results.
  "(3) The number of days for which a person has unused annual leave cannot
exceed 28 days.

Duration of unused annual leave waiting period
  "537. A person's unused annual leave waiting period starts on the day after
the day on which the person's employment has ended and finishes on the last
day of the notional leave period.
Note 1: for `notional leave period' see section 536.
Note 2: an unused annual leave waiting period may apply to a person whether or
not the person is subject to an ordinary waiting period. If the person is
subject to an ordinary waiting period, that period will start after the unused
annual leave waiting period (see subsection 539 (2)).
Note 3: for `provisional commencement day' see section 533.

Ordinary waiting period
  "538. A person is subject to an ordinary waiting period unless:
  (a)  the person has served an ordinary waiting period that ended not more
than 12 weeks before the person's provisional commencement day; or
  (b)  both of the following conditions apply:
    (i)  the person is a transferee to job search allowance;
    (ii)  the person claims the job search allowance:
       (A)  within 14 days of the transfer day; or
       (B)  where the person becomes registered by the CES in an
allowance category as being unemployed within 14 days after the transfer
day-within 14 days of the person becoming so registered or such further period
as the Secretary considers reasonable; or
  (c)  in the case of a person who:
    (i)  has not turned 18; and
    (ii)  has been registered for longer than 12 months by the
CES in an allowance category as being unemployed;
at some time in the 13 weeks immediately before the person's provisional
commencement day, a job search allowance stopped being payable to the person;
or
  (d)  the person becomes qualified for a job search allowance at the end of a
period for which, under subsection 520 (3), the person is taken to have been
registered by the CES in an allowance category as being unemployed
(non-registration up to 6 weeks); or
  (e)  the person:
  (i)  has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (ii)  has been exempted from the application of this section by the
Employment Secretary; or
  (f)  the Secretary is satisfied that the person would suffer severe
financial hardship if the person were subject to the ordinary waiting period.
Note 1: for `transferee to an allowance' and `transfer day' see subsections 23
(6) and (7).
Note 2: `CES' means Commonwealth Employment Service (see section 23).
Note 3: for `provisional commencement day' see section 533.
Note 4: for `ordinary waiting period' see subsection 23 (1).
Note 5: for `allowance category' see subsection 23 (4A).
Note 6: for `Employment Secretary' see section 23.

Duration of ordinary waiting period
No unused annual leave waiting period
  "539. (1) If a person:
  (a)  is subject to an ordinary waiting period; and
  (b)  is not subject to an unused annual leave waiting period; and
  (c)  is not disqualified for job search allowance under section 519 (liquid
assets test);
the ordinary waiting period is the period of 7 days that starts on the
person's provisional commencement day.
Note: for `provisional commencement day' see section 533.
Unused annual leave waiting period
  "(2) If a person is subject to:
  (a)  an ordinary waiting period; and
  (b)  an unused annual leave waiting period; and
  (c)  is not disqualified for job search allowance under section 519 (liquid

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assets test);
the ordinary waiting period is the period of 7 days that starts on the day
after the day on which the person's unused annual leave waiting period ends.
  "(3) If a person:
  (a)  is subject to an ordinary waiting period; and
  (b)  is not subject to an unused annual leave waiting period; and
  (c)  is disqualified for job search allowance under section 519 (liquid
assets test);
the ordinary waiting period is the period of 7 days that starts on the day
after the end of the period of 4 weeks referred to in subsection 519 (2), (3)
and (4).
  "(4) If a person:
  (a)  is subject to an ordinary waiting period; and
  (b)  is subject to an unused annual leave waiting period; and
  (c)  is disqualified for job search allowance under section 519 (liquid
assets test);
the ordinary waiting period is the period of 7 days that starts on the day
after the end of the period of 4 weeks referred to in subsections 519 (2), (3)
and (4).
Note 1: for `unused annual leave waiting period' see sections 535 to 537.
Note 2: for `provisional commencement day' see section 533.

Education leavers waiting period
Persons subject to waiting period
  "540. (1) Subject to subsections (2), (3) and (4), a person is subject to an
education leavers waiting period if the person:
  (a)  was undertaking a full-time course of education of at least 6 months
duration; and
  (b)  has stopped the course; and
  (c)  was, immediately before stopping the course, receiving neither:
    (i)  a social security or service pension; nor
    (ii)  a social security benefit; and
  (d)  has a provisional commencement day within 6 months after stopping the
course; and
  (e)  is not covered by subsection (2) (beneficiaries stopping courses after
4 weeks).
  "(2) Subsection (1) does not apply to a person if both of the following
conditions apply:
  (a)  the person is a transferee to job search allowance;
  (b)  the person claims the job search allowance:
    (i)  within 14 days of the transfer day; or
    (ii)  where the person becomes registered by the CES in an
allowance category as being unemployed within 14 days after the transfer
day-within 14 days of the person becoming so registered or such further period
as the Secretary considers reasonable.
  "(3) Subsection (1) does not apply to a person who becomes qualified for a
job search allowance at the end of a period for which, under subsection 520
(3), the person is taken to have been registered by the CES in an allowance
category as being unemployed (non-registration up to 6 weeks).
  "(4) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: for `provisional commencement day' see section 533.
Note 2: `CES' means the Commonwealth Employment Service (see section 23).
Note 3: for `Employment Secretary' see section 23.

No education leavers waiting period in some cases where already served
  "(5) A person who would otherwise be subject to an education leavers waiting
period in relation to job search allowance is not subject to such a period
if:
  (a)  the person had previously been subject to an education leavers waiting
period; and
  (b)  a job search allowance had been payable to the person continuously from
the end of the education leavers waiting period until immediately before the
person started the course; and
  (c)  the person's provisional commencement day is within 4 weeks after
starting the course.
Note 1: for `provisional commencement day' see section 533.
Note 2: for `education leavers waiting period' see subsection 23 (1).

Duration of education leavers waiting period
General rule
  "541. (1) Subject to this section, the education leavers waiting period
starts on the person's provisional commencement day and lasts for:
  (a)  13 weeks if, on the person's provisional commencement day, the person:
    (i)  had not turned 21; and
    (ii)  is not a member of a couple; and
    (iii)  does not have a dependent child; or
  (b)  6 weeks if, on the person's provisional commencement day, the person:
    (i)  has turned 21; or
    (ii)  is a member of a couple; or

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    (iii)  has a dependent child.
Note 1: the duration of the education leavers waiting period may be modified
by:
  (a) subsections (2) and (3) (change of status during waiting period);
  (b) subsection (5) (periods of employment or periods on special benefit);
  (c) subsection (6) (previous periods of non-payment because of education
leavers waiting period);
  (d) subsection (7) (6 months ceiling).
Note 2: for `provisional commencement day' see section 533.

Change of status in first 6 weeks
  "(2) Subject to subsection (4), where:
  (a)  a person who is covered by paragraph (1) (a):
    (i)  turns 21; or
    (ii)  becomes a member of a couple; or
  (b)  a young person becomes a dependent child of a person who is covered by
paragraph (1) (a);
within 6 weeks from and including the person's provisional commencement day,
the education leavers waiting period starts on the person's provisional
commencement day and lasts for 6 weeks.
Note: for `provisional commencement day' see section 533.

Change of status after 6 weeks
  "(3) Subject to subsection (4), where:
  (a)  a person who is covered by paragraph (1) (a):
    (i)  turns 21; or
    (ii)  becomes a member of a couple; or
  (b)  a young person becomes a dependent child of a person who is covered by
paragraph (1) (a);
in the period:
  (c)  starting at the end of 6 weeks from the person's provisional
commencement day; and
  (d)  lasting for 6 weeks;
the education leavers waiting period starts on the person's provisional
commencement day and ends on the day before the day on which the person is
first covered by paragraph (a) or (b).
Note: for `provisional commencement day' see section 533.

Notification required
  "(4) For the purposes of subsections (2) and (3):
  (a)  a person is not to be taken to have become a member of a couple; and
  (b)  a young person is not to be taken to have become a dependent child of a
person;
until the person notifies the Department that this is the case.

Reduction of waiting period for periods of special benefit and employment
  "(5) The waiting period imposed by subsection (1) or (2) is to be reduced by
a period equivalent to:
  (a)  if the person is subject to a 13 week education leavers waiting
period-any period during which the person was employed on a full-time basis
after stopping the course; and
  (b)  if the person is subject to a 6 week education leavers waiting period -
any period during which the person has been employed, at any time, on a
full-time basis; and
  (c)  any period during which the person was paid special benefit after
stopping the course.

Reduction of education leavers waiting period where already partially served
  "(6) If:
  (a)  a person is subject to an education leavers waiting period; and
  (b)  the person started the course concerned at a time when a job search
allowance, a newstart allowance or sickness benefit was not payable to the
person because of an education leavers waiting period; and
  (c)  the person's provisional commencement day is within 4 weeks after the
person started the course concerned;
the duration of the education leavers waiting period is reduced by the number
of days of the previous education leavers waiting period that the person had
served immediately before starting the course.
Note 1: for `provisional commencement day' see section 533.
Note 2: for `education leavers waiting period' see section 23.
6 month ceiling
  "(7) An education leavers waiting period that applies in respect of a course
of study undertaken by a person is not to extend more than 6 months after the
person has stopped the course.
        "Subdivision E - Situations where allowance not payable
                   (recipient non-compliance)
Removal from allowance for failure to satisfy activity test
  "542. (1) Subject to subsection (2), if:
  (a)  a job search allowance was payable to a person; and
  (b)  the person ceased to be qualified for the allowance because the person
did not satisfy the activity test; and
  (c)  the person later becomes qualified for a job search allowance;
a job search allowance is not payable to the person for the deferment period.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program

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approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) Subject to subsections (4) and (5), the deferment period is 2 weeks.
  "(4) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(5) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(6) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Secretary may require a person to attend the Department or CES etc.
  "543. (1) Where:
  (a)  a person is receiving, or has lodged a claim for, a job search
allowance; and
  (b)  the Secretary is of the opinion that the person should:
    (i)  attend an office of the Department or of the CES; or
    (ii)  contact the Department or the CES; or
    (iii)  give information to the Secretary; and
  (c)  the Secretary notifies the person that the person is required to:
    (i)  attend that office; or
    (ii)  contact the Department or the CES; or
    (iii)  give that information; and
  (d)  the requirement is reasonable; and
  (e)  the person does not comply with the requirement;
a job search allowance is not payable to the person.
Note: `CES' means Commonwealth Employment Service (see section 23).
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) The Secretary may determine that a job search allowance is payable to a
person for a period for which it was not payable under subsection (1) if the
Secretary is satisfied that the person had a reasonable excuse for not
complying with the requirement.
  "(4) If:
  (a)  a job search allowance is not payable under subsection (1); and
  (b)  at a later time a job search allowance would, but for this subsection,
be payable to the person;
a job search allowance is not payable to the person for the deferment period.
  "(5) Subject to subsections (6) and (7), the deferment period is 2 weeks.
  "(6) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(7) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(8) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Unemployment due to voluntary act
  "544. (1) If:
  (a)  a person's unemployment is due, either directly or indirectly, to a
voluntary act of the person; and
  (b)  the voluntary act was without sufficient reason;
a job search allowance is not payable to the person for the deferment period.
  "(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
  "(3) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;

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the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(4) If:
  (a)  subsection (1) applies to the person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(5) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Unemployment due to misconduct
  "545. (1) If a person's unemployment is due to the person's misconduct as a
worker, a job search allowance is not payable to the person for the deferment
period.
  "(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
  "(3) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(4) If:
  (a)  subsection (1) applies to the person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first. Note: for `automatic deferment provision' see
section 23.
  "(5) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Refusal of job offer
  "546. (1) If a person has refused or failed, without sufficient reason, to
accept a suitable offer of employment, a job search allowance is not payable
to the person for the deferment period.
  "(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
  "(3) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(4) If:
  (a)  subsection (1) applies to the person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(5) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Removal from allowance for failure to comply with notification requirements
  "547. (1) If a person refuses or fails, without sufficient reason, to comply
with a requirement made of the person under section 573, 574, 575 or 1304, a
job search allowance is not payable to the person for the deferment period.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) Subject to subsections (3) and (4), the deferment period is 2 weeks.
  "(4) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(5) If:
  (a)  subsection (1) applies to the person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
2 or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(6) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Removal from allowance for failure to continue CES registration
  "548. (1) If:

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  (a)  a job search allowance was payable to a person; and
  (b)  the person ceased to be qualified for job search allowance because the
person:
  (i)  was not registered by the CES in an allowance category as being
unemployed (see subparagraph 513 (c) (iv)); and
  (ii)  the Secretary has not excused the person from being so registered by
the CES under section 520; and
  (c)  the person later becomes qualified for job search allowance again;
a job search allowance is not payable to the person for a period determined,
in writing, by the Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: where a person has been paid job search allowance while the person was
not qualified because he or she was not registered at the CES, an overpayment
may arise (see Chapter 5). Subsection (1) does not prevent the Secretary from
taking action to recover the overpayment.
Note 3: for `allowance category' see subsection 23 (4A).
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) The Secretary may determine in writing the day on which the period of
non-payment imposed by subsection (1) commences and that day may be before the
day of the determination.

Seasonal workers
  "549. (1) Where:
  (a)  a person is a seasonal or intermittent worker; and
  (b)  the person's income is sufficient to maintain:
    (i)  the person; and
    (ii)  any other persons who are ordinarily maintained by
the person;
notwithstanding that the person is temporarily unemployed;
a job search allowance is not payable to the person for a period determined,
in writing, by the Secretary.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) The Secretary may determine in writing the day on which the period of
non-payment imposed by subsection (1) commences and that day may be before the
day of the determination.

Move to area of lower employment prospects
  "550. (1) Where, in the opinion of the Secretary, a person has reduced his
or her employment prospects by moving to a new place of residence without
sufficient reason, a job search allowance is not payable to the person for 12
weeks.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) For the purposes of subsection (1), a person has a sufficient reason
for moving to a new place of residence if and only if the person:
  (a)   moves to live with a family member who has already established his or
her residence in that place of residence; or
  (b)  moves to live near a family member who has already established
residence in the same area; or
  (c)  satisfies the Secretary that the move is necessary for the purposes of
treating or alleviating a physical disease or illness suffered by the person
or by a family member.
Note: for `family member' see section 5A.
  "(4) The Secretary may determine in writing the day on which the period of
non-payment imposed by subsection (1) commences and that day may be before the
day of the determination.

           "Division 2 - Claim for job search allowance
Need for a claim
  "551. (1) A person who wants to be granted a job search allowance must make
a proper claim for that allowance.
Note 1: for `proper claim' see section 552 (form), section 553 (manner of
lodgment) and section 554 (residence/presence in Australia).
Note 2: because the payability of job search allowance may be affected by, for
example, the provisions dealing with the circumstances in which a person's
former employment ended (see sections 544 and 545), the person may be asked to

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support his or her claim for job search allowance with an end of employment
statement by the former employer (see section 1311).
  "(2) For the purposes of subsection (1), where:
  (a)  a claim for job search allowance is made by or on behalf of a person;
and
  (b)  at the time the claim is made, the claim cannot be granted because the
person is not qualified for job search allowance;
the claim is to be taken not to have not been made.

Form of claim
  "552. To be a proper claim, a claim must be made in writing and must be in
accordance with a form approved by the Secretary.

Lodgment of claim
  "553. (1) To be a proper claim, a claim must be lodged:
  (a)  at an office of the Department; or
  (b)  at a place approved for the purpose by the Secretary; or
  (c)  with a person approved for the purpose by the Secretary.
  "(2) A place or person approved under subsection (1) must be a place or
person in Australia.

Claimant must be Australian resident and in Australia
  "554. A claim by a person is not a proper claim unless the person is:
  (a)  an Australian resident; and
  (b)  in Australia;
on the day on which the claim is lodged.
Note: for `Australian resident' see subsection 7 (2).

Secretary may require claimant to give statement of partner's tax file number
  "555. If:
  (a)  a claimant for job search allowance is a member of a couple; and
  (b)  the claimant's partner is in Australia;
the Secretary may require the claimant to give the Secretary a written
statement of the tax file number of the claimant's partner.
Note 1: for the consequences of a failure to comply with the requirement see
section 528.
Note 2: under section 527 the claimant is automatically required to give a
statement of the claimant's own tax file number.
Note 3: in some cases the requirement can be satisfied by giving the Secretary
a declaration by the partner about the partner's tax file number and an
authority by the partner to the Commissioner of Taxation to give the Secretary
certain information relevant to the partner's tax file number: see subsections
528 (2) and (3).
Note 4: the Secretary can waive the requirement in some cases: see subsection
528 (4).

            "Division 3 - Determination of claim
Secretary to determine claim
  "556. The Secretary must, in accordance with this Act, determine the claim.

Grant of claim
  "557. The Secretary is to determine that the claim is to be granted if the
Secretary is satisfied that:
  (a)  the person is qualified for a job search allowance; and
  (b)  the allowance is payable.

Date of effect of determination
  "558. (1) Subject to subsections (2), (3) and (4), a determination under
section 557 takes effect on the day on which the determination is made or on
such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
  "(2) If:
  (a)  a decision (in this subsection called the `previous decision') is made
rejecting a person's claim for job search allowance; and
  (b)  a notice is given to the person advising the person of the making of
the previous decision; and
  (c)  the person applies to the Secretary under section 1240, within 3 months
after the notice is given, for review of the previous decision; and
  (d)  a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision took
effect.

Notified decision - review sought after 3 months
  "(3) If:
  (a)  a decision (in this subsection called the `previous decision') is made
rejecting a person's claim for job search allowance; and
  (b)  a notice is given to the person advising the person of the making of
the previous decision; and
  (c)  the person applies to the Secretary under section 1240, more than 3
months after the notice is given, for review of the previous decision; and
  (d)  a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the person sought the
review.

Decision not notified
  "(4) If:
  (a)  a decision (in this subsection called the `previous decision') is made

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rejecting a person's claim for job search allowance; and
  (b)  no notice is given to the person advising the person of the making of
the previous decision; and
  (c)  the person applies to the Secretary under section 1240 for review of
the previous decision; and
  (d)  a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision took
effect.

              "Division 4 - Rate of job search allowance
How to work out a person's job search allowance rate
  "559. A person's job search allowance is worked out using:
  (a)  if the person has not turned 18 - the Benefit Rate Calculator A at the
end of section 1067; or
  (b)  if the person has turned 18 - the Benefit Rate Calculator B at the end
of section 1068.
Note: for `double payments on release from gaol' see section 1161.

Job search training supplement
  "560. (1) Where a person who is receiving a job search allowance is
undertaking a course of vocational training approved by the Employment
Secretary for the purposes of this section, the rate of the person's job
search allowance is to be increased by an amount, to be known as a job search
training supplement, that the Employment Secretary considers appropriate.
  "(2) In calculating the amount of the increase the Employment Secretary is
to have regard to:
  (a)  the expenses of the person in undertaking the training; and
  (b)  any expenses of the person in living away from the person's usual
residence in order to undertake the training; and
  (c)  any expenses of the person in maintaining the person's usual residence
while living away from that residence in order to undertake the training; and
  (d)  whether the person has turned 18.
  "(3) The maximum amount of the increase for a person is not to exceed
$87.90.
Note: for `Employment Secretary' see section 23.

JSA recipient may ask Secretary to change appropriate tax year
  "561. (1) If:
  (a)  the maximum basic rate of a person's job search allowance has been
reduced because of the parental income test provided in Module G of Benefit
Rate Calculator A (see section 1067); and
  (b)  the person asks the Secretary to make a determination under this
section; and
  (c)  the taxable income of the person's income test parent or parents for
the tax year in which the request is made is less than 75% of the taxable
income of the income test parent or parents for the tax year that is the
appropriate tax year immediately before the request is made;
the Secretary must determine that the appropriate tax year, for the purposes
of applying that Module to the person for the period:
  (d)  starting on the day on which the request is made; and
  (e)  finishing on the first anniversary of that day;
is the tax year in which the request is made.
  "(2) A request under paragraph (1) (b) must be made in writing, in
accordance with a form approved by the Secretary.
  "(3) Terms used in subsection (1) have the same meaning as they have in
Module G of Benefit Rate Calculator A.

             "Division 5 - Payment of job search allowance
Commencement of job search allowance
  "562. Job search allowance becomes payable to a person on the first day on
which:
  (a)  the person is qualified for the allowance; and
  (b)  no provision of this Act makes the allowance not payable to the
person.
Note 1: for qualification see section 513.
Note 2: for circumstances in which a job search allowance is not payable see
section 526.

Instalments
  "563. (1) Job search allowance is to be paid by instalments for periods
determined by the Secretary.
  "(2) Instalments of job search allowance are to be paid at the times
determined by the Secretary.

Instalments for period less than a fortnight
  "564. (1) If:
  (a)  an instalment of job search allowance is for a period; and
  (b)  the period is less than a fortnight;
the instalment for the period is:
    job search allowance rate  x  week days in period
                                        10
  "(2) If:
  (a)  an instalment of job search allowance is for a period;
and
  (b)  the period consists of:

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       (i)  a number of whole fortnights; and
       (ii)  a period that is less than a fortnight;
the instalment, insofar as it relates to the period that is less than a
fortnight, is:
    job search allowance rate  x  week days in period
                                        10
Rounding off instalment
  "565. (1) If the amount of an instalment is:
  (a)  a number of whole dollars and a part of a cent; or
  (b)  a number of whole dollars and cents and a part of a cent;
the amount is, subject to subsection (2), to be increased or decreased to the
nearest whole cent.
  "(2) If the amount of an instalment is:
  (a)  a number of whole dollars and 0.5 cent; or
  (b)  a number of whole dollars and cents and 0.5 cent;
the amount is to be increased by 0.5 cent.
  "(3) If, apart from this section, the amount of an instalment would be less
than $1.00, the amount is to be increased to $1.00.

Manner of payment
  "566. A person's job search allowance that is, subject to section 567, to be
paid to that person.

Nominee payments
  "567. (1) The Secretary may direct that the whole, or a part, of the amount
of a person's job search allowance is to be paid to someone else on behalf of
the person.
  "(2) If the Secretary makes a direction under subsection (1), the job search
allowance is to be paid in accordance with the direction.

Payment into bank account etc.
  "568. (1) Subject to subsection (6), job search allowance payable to a
person is to be paid, at the intervals that the Secretary specifies, to the
credit of a bank account, credit union account or building society account.
  "(2) The account must be an account nominated and maintained by the person
to whom the job search allowance is payable.
  "(3) The account may be an account that is maintained by a person to whom
the job search allowance is payable jointly or in common with another person.
  "(4) Where a person to whom job search allowance is payable has not
nominated an account for the purposes of subsection (1), then, subject to
subsection (6), that allowance is not to be paid.
  "(5) Where:
  (a)  a person is not being paid job search allowance because of subsection
(4); and
  (b)  the person nominates an account for the purposes of subsection (1);
the allowance (including any amounts that would have been paid but for
subsection (4)) is to be paid under subsection (1).
  "(6) The Secretary may direct that the whole or a part of an amount of job
search allowance that is payable to a person may be paid to the person in a
different way from that provided for by subsection (1).
  "(7) If the Secretary gives a direction under subsection (6), the job search
allowance is to be payable in accordance with the direction.

Where allowance payday would fall on public holiday etc.
  "569. If the Secretary is satisfied that an amount of job search allowance
that would normally be paid on a particular day cannot reasonably be paid on
that day (because, for example, it is a public holiday or a bank holiday), the
Secretary may direct that the amount be paid on an earlier day.

Payment of allowance after death
  "570. (1) If:
  (a)  a job search allowance is payable to a person; and
  (b)  the person dies; and
  (c)  at the date of the person's death the person had not received an amount
of job search allowance payable to him or her; and
  (d)  another person applies to receive that amount; and
  (e)  the application is made:
    (i)  within 6 months after the death; or
    (ii)  within a further period allowed by the Secretary in
special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's
opinion, is best entitled to it.
  "(2) Where the Secretary pays an amount of job search allowance under
subsection (1), the Commonwealth has no further liability to any person in
respect of that amount of job search allowance.

          "Division 6 - Protection of job search allowance
Job search allowance to be absolutely inalienable
  "571. (1) Subject to subsection (2) and section 1359, job search allowance
is absolutely inalienable, whether by way of, or in consequence of, sale,
assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
  "(2) The Secretary may make deductions from the instalments of job search
allowance payable to a person where the recipient asks the Secretary:
  (a)  to make the deductions; and
  (b)  to pay the amounts to be deducted to the Commissioner of Taxation.

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Note: the Secretary must make deductions from a person's pension, benefit or
allowance if requested by the Commissioner of Taxation - see section 1359.

Effect of garnishee or attachment order
  "572. (1) If:
  (a)  a person has an account with a financial institution; and
  (b)  instalments of job search allowance payable to the person (whether on
the person's own behalf or not) are being paid to the credit of that account;
and
  (c)  a court order in the nature of a garnishee order comes into force in
respect of the account;
the court order does not apply to the saved amount (if any) in the account.
         "(2) The saved amount is worked out as follows:
                     Method statement
Step 1. Work out the total amount of job search allowance payable to the
person that has been paid to the credit of the account during the 4 week
period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account
during the same 4 week period: the result is the saved amount.

  "(3) This section applies to an account whether it is maintained by a
person:
  (a)  alone; or
  (b)  jointly with another person; or
  (c)  in common with another person.

            "Division 7 - Recipient obligations
Secretary may require recipient to give statement of partner's tax file
number
  "573. If:
  (a)  a job search allowance recipient is a member of a couple; and
  (b)  the recipient's partner is in Australia;
the Secretary may require the recipient to give the Secretary a written
statement of the tax file number of the recipient's partner.
Note 1: for the consequences of a failure to comply with the requirement see
section 528.
Note 2: in some cases the requirement can be satisfied by giving the Secretary
a declaration by the partner about the partner's tax file number and an
authority by the partner to the Commissioner of Taxation to give the Secretary
certain information relevant to the partner's tax file number: see subsections
528 (2) and (3).
Note 3: the Secretary can waive the requirement in some cases: see subsection
528 (4).

Secretary may require notice of the happening of an event or a change in
circumstances
  "574. (1) The Secretary may give a person to whom a job search allowance is
being paid a notice that requires the person to inform the Department if:
  (a)  a specified event or change of circumstances occurs; or
  (b)  the person becomes aware that a specified event or change of
circumstances is likely to occur.
  "(2) An event or change of circumstances is not to be specified in a notice
under subsection (1) unless the occurrence of the event or change of
circumstances might affect the payment of the allowance.
  "(3) A notice under subsection (1):
  (a)  must be in writing; and
  (b)  may be given personally or by post; and
  (c)  must specify how the person is to give the information to the
Department; and
  (d)  must specify the period within which the person is to give the
information to the Department; and
  (e)  must specify that the notice is given under this section.
  "(4) The period specified under paragraph (3) (d) must end at least 7 days
after:
  (a)  the day on which the event or change of circumstances occurs; or
  (b)  the day on which the person becomes aware that the event or change of
circumstances is likely to occur.
  "(5) A person must not refuse or fail to comply with a notice under
subsection (1) to the extent that the person is capable of complying with the
notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
  "(6) A person must not, in purporting to comply with a notice under
subsection (1), knowingly or recklessly give information that is false or
misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
  "(7) This section extends to:
  (a)  acts, omissions, matters and things outside Australia whether or not in
a foreign country; and
  (b)  all persons irrespective of their nationality or citizenship.

    Secretary may require recipient to give particular information relevant
                      to payment of job search allowance
  "575. (1) The Secretary may give a person to whom a job search allowance is
being paid a notice that requires the person to give the Department a
statement about a matter that might affect the payment of the allowance to the

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person.
  "(2) A notice under subsection (1):
  (a)  must be in writing; and
  (b)  may be given personally or by post; and
  (c)  must specify how the statement is to be given to the Department; and
  (d)  must specify the period within which the person is to give the
statement to the Department; and
  (e)  must specify that the notice is given under this section.
  "(3) The period specified under paragraph (2) (d) must end at least 7 days
after the day on which the notice is given.
  "(4) A statement given in response to a notice under subsection (1) must be
in writing and in accordance with a form approved by the Secretary.
  "(5) A person must not refuse or fail to comply with a notice under
subsection (1) to the extent that the person is capable of complying with the
notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
  "(6) A person must not, in purporting to comply with a notice under
subsection (1), knowingly or recklessly give information that is false or
misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
  "(7) This section extends to:
  (a)  acts, omissions, matters and things outside Australia whether or not in
a foreign country; and
  (b)  all persons irrespective of their nationality or citizenship.
Self-incrimination
  "576. (1) A person is not excused from giving information pursuant to a
notice under section 574 or 575 on the ground that the information may tend to
incriminate the person.
  "(2) Information given by a person pursuant to a notice under section 574 or
575 is not admissible in evidence against the person in a criminal proceeding
other than a proceeding under, or arising out of, subsection 574 (5) or (6) or
575 (5) or (6).
        "Division 8 - Continuation, variation and termination
                   "Subdivision A - General
Continuing effect of determination
Entitlement determination
  "577. (1) A determination that:
  (a)  a person's claim for a job search allowance is to be granted; or
  (b)  a job search allowance is payable to a person;
continues in effect until:
  (c)  the allowance ceases to be payable under section 578, 579, 580 or 581;
or
  (d)  a further determination in relation to the allowance under section 586
has taken effect.
Note 1: for paragraph (a) see section 557.
Note 2: for paragraph (b) see section 587 - this paragraph is relevant where
the determination in question reverses an earlier cancellation or suspension.

Rate determination
  "(2) A determination of the rate of a job search allowance continues in
effect until:
  (a)  the allowance becomes payable at a lower rate under sections 582 or
583; or
  (b)  a further determination in relation to the allowance under section 584
or 585 has taken effect.
    "Subdivision B - Automatic termination
Automatic termination - transfer to new payment type
  "578. If:
  (a)  a person is receiving job search allowance; and
  (b)  a social security pension, another social security benefit or a service
pension becomes payable to the person;
the job search allowance ceases to be payable to the person immediately before
the day on which the other pension or benefit becomes payable to the person.
Automatic termination - recipient complying with section 574 notification
obligations
  "579. If:
  (a)  a person who is receiving a job search allowance is given a notice
under section 574; and
  (b)  the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified period
(in this section called the `notification period'); and
  (c)  the event or change in circumstances occurs; and
  (d)  the person informs the Department of the occurrence of the event or
change in circumstances within the notification period in accordance with the
notice; and
  (e)  because of the occurrence of the event or change in circumstances:
    (i)  the person ceases to be qualified for the allowance;
or
    (ii)  the allowance would, but for this section, cease to
be payable to the person;
the allowance continues to be payable to the person until the day before the

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event or change in circumstances occurs and then ceases to be payable to the
person.
Note: if the person informs the Department, within the notification period, of
an event or change in circumstances that reduces the rate of the person's
allowance there is no automatic rate reduction and a determination under
section 585 must be made in order to bring the rate reduction into effect.
Automatic termination - recipient not complying with section 574 notification
obligations
  "580. If:
  (a)  a person who is receiving a job search allowance is given a notice
under section 574; and
  (b)  the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified period
(in this section called the `notification period'); and
  (c)  the event or change in circumstances occurs; and
  (d)  the person does not inform the Department of the occurrence of the
event or change in circumstances within the notification period in accordance
with the notice; and
  (e)  because of the occurrence of the event or the change in circumstances:
    (i)  the person ceases to be qualified for the allowance;
or
    (ii)  the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately after the day on
which the event or change in circumstances occurs. Automatic termination -
failure to provide section 575 statement
  "581. (1) If:
  (a)  a person who is receiving a job search allowance is given a notice
under section 575 requiring the person to give the Department a statement;
and
  (b)  the notice relates to the payment of that allowance in respect of a
period specified in the notice; and
  (c)  the person does not comply with the notice;
the allowance, subject to subsection (2), ceases to be payable to the person
as from the first day in that period.
  "(2) If the Secretary is satisfied that, in the special circumstances of the
case, it is appropriate to do so, the Secretary may determine in writing that
subsection (1) does not apply to the person from a day specified in the
determination.
  "(3) The day specified under subsection (2) may be before or after the
making of the determination.
           "Subdivision C-Automatic rate reduction
Automatic rate reduction-partner starting to receive pension or benefit
  "582. If:
  (a)  a person is receiving job search allowance; and
  (b)  the person's partner starts to receive:
    (i)  a social security pension or benefit; or
    (ii)  a service pension; and
  (c)  the person's job search allowance rate is reduced because of the
partner's receipt of that pension or benefit;
the job search allowance becomes payable to the person at the reduced rate on
the day on which the partner starts to receive that pension or benefit.

Automatic rate reduction-recipient not complying with section 574 notification
obligations
  "583. If:
  (a)  a person who is receiving a job search allowance is given a notice
under section 574; and
  (b)  the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified period
(in this section called the `notification period'); and
  (c)  the event or change in circumstances occurs; and
  (d)  the person does not inform the Department of the occurrence of the
event or change in circumstances within the notification period in accordance
with the notice; and
  (e)  because of the occurrence of the event or change in circumstances, the
person's rate of allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately
after the day on which the event or change in circumstances occurs.

               "Subdivision D-Determinations
Rate increase determination
  "584. If the Secretary is satisfied that the rate at which a job search
allowance is being, or has been, paid is less than the rate provided for by
this Act, the Secretary is to determine that the rate is to be increased to
the rate specified in the determination.
Note: for the date of effect of a determination under this section see section
588.

Rate reduction determination
  "585. If the Secretary is satisfied that the rate at which a job search
allowance is being, or has been, paid is more than the rate provided for by
this Act, the Secretary is to determine that the rate is to be reduced to the
rate specified in the determination.

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Note 1: a determination under this section is not necessary in a case where an
automatic rate reduction is produced by section 583 (see subsection 577 (2)).
Note 2: for the date of effect of a determination under this section see
section 589.

Cancellation or suspension determination
  "586. If the Secretary is satisfied that a job search allowance is being, or
has been, paid to a person to whom it is not, or was not, payable under this
Act, the Secretary is to determine that the allowance is to be cancelled or
suspended.
Note 1: a determination under this section is not necessary in a case where an
automatic termination is produced by section 578, 579, 580 or 581 (see
subsection 577 (1)).
Note 2: for the date of effect of a determination under this section see
section 589.

Resumption of payment after cancellation or suspension
  "587. (1) If the Secretary:
  (a)  cancels or suspends a person's job search allowance under section 586;
and
  (b)  reconsiders the decision to cancel or suspend; and
  (c)  becomes satisfied that:
    (i)  the decision to cancel or suspend was incorrect; and
    (ii)  because of the decision to cancel or suspend:
       (A)  the person did not receive job search allowance that
was payable to the person; or
       (B)  the person is not receiving job search allowance that
is payable to the person;
the Secretary is to determine that job search allowance was or is payable to
the person.
  "(2) The reconsideration referred to in paragraph (1) (b) might be a
reconsideration on an application under section 1240 for review or a
reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section
588.

           "Subdivision E-Date of effect of determinations
Date of effect of favourable determination
  "588. (1) The day on which a determination under section 584 or 587 (in this
section called the `favourable determination') takes effect is worked out in
accordance with this section.

Notified decision - review sought within 3 months
  "(2) If:
  (a)  a decision (in this subsection called the `previous decision') is made
in relation to a job search allowance; and
  (b)  a notice is given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
  (c)  the person applies to the Secretary under section 1240, within 3 months
after the notice is given, for review of the previous decision; and
  (d)  a favourable determination is made as a result of the application for
review; and
  (e)  subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took
effect.

Notified decision - review sought after 3 months
  "(3) If:
  (a)  a decision (in this subsection called the `previous decision') is made
in relation to a job search allowance; and
  (b)  a notice is given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
  (c)  the person applies to the Secretary under section 1240, more than 3
months after the notice is given, for review of the previous decision; and
  (d)  a favourable determination is made as a result of the application for
review; and
  (e)  subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the
review.

Decision not notified
  "(4) If:
  (a)  a decision (in this subsection called the `previous decision') is made
in relation to a job search allowance; and
  (b)  no notice is given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
  (c)  the person applies to the Secretary under section 1240, for review of
the previous decision; and
  (d)  a favourable determination is made as a result of the application for
review; and
  (e)  subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took
effect.

Notified change of circumstances
  "(5) If:
  (a)  the favourable determination is made following a person having advised

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the Department of a change in circumstances; and
  (b)  the change is not a decrease in the rate of the person's maintenance
income;
the determination takes effect on the day on which the advice was received or
on the day on which the change occurred, whichever is the later.

Prescribed student child determination
  "(6) If:
  (a)  the favourable determination is made as a result of the Secretary
forming the opinion for the purposes of subsections 5 (12) and (13) that a
young person will not, or would not, receive payments under a prescribed
educational scheme; and
  (b)  the Secretary is notified that the young person has been refused
payment under a prescribed educational scheme within 28 days after the person
is notified of that refusal;
the determination takes effect on the day when the determination is made or on
such earlier or later day as is specified in the determination.
  "(7) If:
  (a)  the favourable determination is made because, under subsection 5 (13),
a young person is not qualified to receive a payment under a prescribed
educational scheme; and
  (b)  the young person, or another person, was previously in receipt of a
payment under a prescribed educational scheme in respect of that young person,
and the young person or other person has since ceased to receive that payment;
and
  (c)  the Secretary was notified, within 28 days after the payment ceased,
that it was no longer being received;
the determination takes effect on the day when the determination is made or
such earlier or later day as is specified in the determination.
  "(8) If:
  (a)  the favourable determination is made because, under paragraph 5 (12)
(c), a young person is not qualified to receive payments under any of the
prescribed educational schemes; and
  (b)  no applications have been made for payments in respect of that young
person under any of the prescribed educational schemes; and
  (c)  the Secretary is satisfied that it is reasonable for such applications
not to be made; and
  (d)  the young person ceased to be a prescribed student child because of the
operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed
student child;
the determination takes effect on the day on which the young person became a
prescribed student child.

Other determinations
  "(9) In any other case, the favourable determination takes effect on the day
on which the determination was made or on such later day or earlier day (not
being a day more than 3 months before the determination was made) as is
specified in the determination.

Date of effect of adverse determination
General
  "589. (1) The day on which a determination under section 585 or 586 (in this
section called the `adverse determination') takes effect is worked out in
accordance with this section.
Note: if the adverse determination depends on a discretion or opinion and a
person affected by the determination applies for review, the Secretary may
continue payment pending the outcome of the review (see section 1241 (internal
review) and section 1251 (review  by Social Security Appeals Tribunal)).
  "(2) The adverse determination takes effect on:
  (a)  the day on which the determination is made; or
  (b)  if another day is specified in the determination - on that day.
  "(3) Subject to subsections (4), (5) and (6), the day specified under
paragraph (2) (b) must be later than the day on which the determination is
made.

Contravention of Act
  "(4) If:
  (a)  the person whose allowance is affected by the adverse determination has
contravened a provision of this Act (other than section 575, 1304, 1305, 1306
or 1307); and
  (b)  the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which
the determination is made.

False statement or misrepresentation-suspension or cancellation
  "(5) If:
  (a)  a person has made a false statement or misrepresentation; and
  (b)  because of the false statement or misrepresentation, the allowance has
been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which
the determination is made.

False statement or misrepresentation-rate reduction
  "(6) If:
  (a)  a person has made a false statement or misrepresentation; and
  (b)  because of the false statement or misrepresentation, the rate at which

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the allowance was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which
the determination is made.

       "Division 9-Bereavement payments (death of dependent child)
Bereavement payments on death of dependent child
  "590. If:
  (a)  a person is receiving a job search allowance; and
  (b)  a dependent child of the person dies; and
  (c)  immediately before the child died, the person's job search allowance
rate included:
  (i)  a dependent child add-on in respect of the child; or
  (ii)  guardian allowance in respect of the child;
the person is qualified for payments under this Division to cover the
bereavement period.
Note 1: section 591 provides for job search allowance to be paid to the
person, up to the first available bereavement adjustment payday, at the rate
at which it would have been paid if the child had not died but were
disregarded for the purposes of working out the person's income test free
areas.
Note 2: section 592 provides for a lump sum to be paid to the person if the
person was receiving family allowance for the child and the first available
bereavement adjustment payday occurs before the end of the bereavement period:
the lump sum represents the difference, over the bereavement lump sum period,
between the person's new job search allowance rate and the rate at which the
allowance would have been paid if the child had not died but were disregarded
for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Division are:
    . dependent child add-on;
    . guardian allowance;
    . additional rent assistance.

Continued payment of child-related amounts
  "591. If a person is qualified for payments under this Division in relation
to the death of a dependent child, the person's job search allowance rate
during the bereavement rate continuation period is to be calculated as if:
  (a)  the child had not died; and
  (b)  the child was disregarded in calculating the person's ordinary income
free area and maintenance income free area.

Lump sum payable in some circumstances
  "592. If:
  (a)  a person is qualified for payments under this Division in relation to
the death of a dependent child; and
  (b)  the first available bereavement adjustment payday occurs before the end
of the bereavement period; and
  (c)  the person was, immediately before the child died, receiving family
allowance for the child;
a lump sum (worked out using the lump sum calculator at the end of this
section) is payable to the person.
Note: if the person qualified for payments under this Division was not
receiving family allowance in respect of the dependent child and somebody else
was receiving family allowance in respect of the dependent child, a
corresponding lump sum may be payable to the other person under section 890.
                  LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
                    Method statement
Step 1.  Work out the amount of job search allowance payable to the person
immediately before the first available bereavement adjustment payday: the
result is called the continued rate.          Note: section 591 applies in
working out this amount
because the payday on which it is payable is within the bereavement rate
continuation period.
Step 2.  Work out the amount of job search allowance that would have been
payable to the person immediately before the first available bereavement
adjustment payday if the person's job search allowance rate were not
calculated under section 591: the result is called the new rate.
Step 3.  Take the new rate away from the continued rate: the result is called
the deceased child component.
Step 4.  Work out the number of paydays in the bereavement lump sum period.
Step 5.  Multiply the deceased child component by the number of paydays in the
bereavement lump sum period: the result is the amount of the lump sum payable
to the person under this section.

                "PART 2.12-NEWSTART ALLOWANCE
  "Division 1-Qualification for and payability of newstart allowance
             "Subdivision A-Basic qualifications
Qualification for newstart allowance
  "593. Subject to sections 594 and 598, a person is qualified for a newstart
allowance in respect of a period if:
  (a)   the person satisfies the Secretary that throughout the period the
person is unemployed; and
  (b)  throughout the period, or for each period within the period, the person
satisfies the activity test; and

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  (c)  at all times (if any) during the period when the person is not a party
to a Newstart Activity Agreement, the person is prepared to enter into such an
agreement; and
  (d)  at all times during the period when the person is a party to a Newstart
Activity Agreement, the person is prepared to enter into another such
agreement instead of the existing agreement; and
  (e)  when the person is required by the Secretary to enter into a Newstart
Activity Agreement in relation to the period, the person enters into that
agreement; and
  (f)  while the agreement is in force, the person satisfies the Secretary
that the person is taking reasonable steps to comply with the terms of the
agreement; and
  (g)  throughout the period the person:
    (i)   is at least 18 and has not reached the pension age;
and
    (ii)  is an Australian resident; and
    (iii) is in Australia; and
  (iv)  is registered by the CES in an allowance category as being unemployed;
and
  (h)  throughout the period the person has been registered as required by
subparagraph (g) (iv) for longer than 12 months; and
  (i)  the person was not in receipt of a job search allowance during the
period.
Note 1: a person may be treated as unemployed (see section 595).
Note 2: the activity test is set out in section 601.
Note 3: for Newstart Activity Agreement see sections 604 to 607.
Note 4: `CES' means Commonwealth Employment Service (see section 23).
Note 5: for `pension age' see section 23.
Note 6: for `Australian resident' see section 7.
Note 7: for `allowance category' see subsection 23 (4A).
Note 8: a person may not be qualified if the person's unemployment is due to
industrial action (see section 596).
Note 9: a person may not be qualified if the person has reduced the person's
employment prospects by moving to an area of lower employment prospects (see
section 597).
Note 10: where circumstances beyond a person's control prevent the person from
being registered at the CES, this requirement may be waived (see section
599).
Note 11: a person unregistered for up to 13 weeks may be taken to be
registered (see section  599).

Note 12: a person could be in receipt of a job search allowance during a
period for which the person would qualify for a newstart allowance, if
paragraph (i) was disregarded, because of section 515 (extension of job search
allowance to end of pay period) or because of differences in calculating 12
months registration unde subsections 520 (3) and 599 (3).
Note 13: a newstart allowance is not payable in certain situations even if the
person is qualified (see Subdivisions C, D, E and F).
Note 14: a newstart allowance may continue to be paid during incapacity (see
section 594).
Effect of incapacity on qualification
  "594. (1) In this section:
`change day', in relation to a person, means the day on which the person
ceases be qualified for a job search allowance because of paragraph 513 (d)
(turning 18 and being registered for longer than 12 months);
`change sickness period', in relation to a person, means a period:
  (a)  for which the person would be qualified for a sickness benefit under
section 666 if subsection 666 (3) were disregarded; and
  (b)  that begins while the person is receiving a job search allowance and
ends after the person's change day;
`sickness period', in relation to a person, means a period:
  (a)  for which the person would be qualified for a sickness benefit under
section 666 if subsection 666 (3) were disregarded; and
  (b)  that begins while the person is receiving a newstart allowance.
  "(2) Subject to subsection (4), a person is qualified for a newstart
allowance in respect of a sickness period of the person that the Secretary
does not expect to be longer than 13 weeks.
  "(3) Subject to subsection (4), a person is qualified for a newstart
allowance in respect of so much of a change sickness period of the person that
the Secretary does not expect to be longer than 13 weeks as occurs after the
person's change day.
  "(4) If:
  (a)  a person is qualified for a newstart allowance in respect of a period
und subsection (2) or (3); and
  (b)  the period lasts for longer than 13 weeks;
the person ceases to be qualified for a newstart allowance 13 weeks after the
period began.

Persons may be treated as unemployed
  "595. (1) If:
  (a)  a person undertakes paid work during a period; and
  (b)  the Secretary is of the opinion that, taking into account:

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    (i)  the nature of the work; and
    (ii)  the duration of the work; and
    (iii)  any other matters relating to the work that the Secretary
considers relevant;
the work should be disregarded;
the Secretary may treat the person as being unemployed throughout the period.
  "(2) A person complying with:
  (a)  a requirement under subsection 601 (2) (activity test); or
  (b)  a Newstart Activity Agreement;
is to be treated by the Secretary as being unemployed.

Unemployment due to industrial action
  "596. (1) A person is not qualified for a newstart allowance in respect of a
period unless the person satisfies the Secretary that the person's
unemployment during the period was not due to the person being, or having
been, engaged in industrial action or in a series of industrial actions.
  "(2) A person is not qualified for a newstart allowance in respect of a
period unless the Secretary is satisfied:
  (a)  that the person's unemployment during the period was due to other
people being, or having been, engaged in industrial action or in a series of
industrial actions; and
  (b)  the people, or some of the people, were members of a trade union which
was involved in the industrial action; and
  (c)  the person was not a member of the trade union during the period.
  "(3) Subsections (1) and (2) do not prevent a person from being qualified
for a newstart allowance in respect of a period that occurs after the relevant
industrial action or series of industrial actions has stopped.
Note: for `industrial action', `trade union' and `unemployment' see section
16.

Move to area of lower employment prospects
  "597. (1) A person is not qualified for a newstart allowance on a day on
which, in the opinion of the Secretary, the person has reduced his or her
employment prospects by moving to a new place of residence without sufficient
reason.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) For the purposes of subsection (1) a person has a sufficient reason for
moving to a new place of residence if and only if the person:
  (a)  moves to live with a family member who has already established his or
her residence in that place of residence; or
  (b)  moves to live near a family member who has already established
residence the same area; or
  (c)  satisfies the Secretary that the move is necessary for the purposes of
treating or alleviating a physical disease or illness suffered by the person
or by a family member.
Note: for `family member' see section 5A.

Liquid assets test disqualification
  "598. (1) Subject to subsections (5), (6), (7) and (8), if:
  (a)  the value of a person's liquid assets exceeds the person's maximum
reserve on:
    (i)  the day on which the person becomes unemployed; or
    (ii)  the day on which the person claims a newstart allowance; and
  (b)  the person is not a transferee to a newstart allowance;
the person is not qualified for a newstart allowance for a period unless the
person has served the liquid assets test waiting period in relation to the
claim before the beginning of that period.
Note 1: for `liquid assets' see section 14A.
Note 2: for `maximum reserve' see section 14A.
Note 3: for `transferee to a newstart allowance' see subsections 23 (6) and
(7).
Note 4: for serving the liquid assets test waiting period see subsection 23
(10)
  "(2) The liquid assets test waiting period in relation to the claim lasts
for weeks.
  "(3) Subject to subsection (4), the liquid assets test waiting period in
relation to the claim starts on the day on which the person becomes
unemployed.
  "(4) If:
  (a)  a person becomes incapacitated for work; and
  (b)  because of section 668A (sickness benefit liquid assets test waiting
period), the person is not qualified for sickness benefit during the period of
4 weeks that starts on the day on which the person becomes incapacitated for
work; and
  (c)  within that period of 4 weeks:
    (i)  the person ceases to be incapacitated for work; and
    (ii)  the person becomes registered as unemployed by the CES in an

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allowance category as being unemployed; and
  (d)  within 14 days after the day on which the person becomes registered by
th CES, the person claims a newstart allowance;
the liquid assets test waiting period starts on the day on which the person
becomes incapacitated for work.
  "(5) If the Secretary is satisfied that the application of subsection (1) to
a person will cause undue long term disadvantage or significant hardship to
the person, the Secretary may:
  (a)  waive the application of that subsection to the person; and
  (b)  authorise the payment of a newstart allowance to the person.
  "(6) Subsection (1) does not apply to a person if both of the following
conditions apply:
  (a)  the person is a transferee to newstart allowance;
  (b)  the person claims the newstart allowance:
    (i)  within 14 days of the transfer day; or
    (ii)  where the person becomes registered by the CES in an allowance
category being unemployed within 14 days after the transfer day - within 14
days of the person becoming so registered or such further period as the
Secretary considers reasonable.
  "(7) Subsection (1) does not apply to a person who becomes qualified for a
newstart allowance at the end of a period for which, under subsection 599 (3),
the person is taken to have been registered by the CES in an allowance
category as being unemployed (non-registration up to 13 weeks).
  "(8) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
Registration by CES
  "599. (1) The Secretary may decide that a person does not have to satisfy
subparagraph 593 (g) (iv) (CES registration) for a period if:
  (a)  the person was not registered as unemployed by the CES during the
period and
  (b)  the Secretary is satisfied that there are circumstances beyond the
person's control relating to the person's failure to be registered; and
  (c)  having regard to those circumstances, the Secretary is satisfied that
the person's failure to be registered should be disregarded in respect of the
period
  "(2) If, because of subsection (1), a person does not have to satisfy
subparagraph 593 (g) (iv) for a period, then, for the purposes of paragraph
593 (h) (registration to be longer than 12 months), the period is one for
which the person was registered as required by subparagraph 593 (g) (iv).
  "(3) If a person:
  (a)   is registered by the CES in an allowance category as being unemployed;
and
  (b)   ceases for a period of not longer than 13 weeks to be registered by
the CES in an allowance category as being unemployed; and
  (c)   at the end of that period becomes registered by the CES in an
allowance category as being unemployed;
then, for the purposes of paragraph 593 (h), the person is taken to have been
registered throughout that period by the CES in an allowance category as being
unemployed.
Note: `CES' means Commonwealth Employment Service (see section 23).
Prospective determinations for some allowees
  "600. (1) A person is qualified for newstart allowance in respect of a
period if:
  (a)   the person was, immediately before starting to receive newstart
allowance, receiving:
    (i)  a social security benefit; or
    (ii)  a sheltered employment allowance; or
    (iii)  a rehabilitation allowance; and
  (b)  the last payment of that benefit or allowance was made in respect of a
period that ended after the day on which the payment was made; and
  (c)   the person may, in the Secretary's opinion, reasonably be expected to
satisfy the qualification requirements for newstart allowance (see sections
593 to 599) during the period.
  "(2) A person is qualified for newstart allowance for a period, if the
person:
  (a)  has turned 55 and:
    (i)  in the case of a woman - has not turned 59 and 6 months; and
    (ii)  in the case of a man - has not turned 64 and 6 months; and
  (b)  is in receipt of a newstart allowance; and
  (c)  has in the previous 12 months been in continuous receipt of one or a
combination of the following:
    (i)  a newstart allowance;
    (ii)  a job search allowance;
    (iii)  an unemployment benefit under the Social Security Act 1947;
    (iv)  a sickness benefit;

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    (v)  a special benefit; and
  (d)  is not indebted to the Commonwealth under or as a result of this Act;
and
  (e)  is not, in the Secretary's opinion, likely to be employed; and
  (f)  will, in the Secretary's opinion, comply with the requirements of this
Act and
  (g)  may, in the Secretary's opinion, reasonably be expected to satisfy the
qualification requirements for newstart allowance (see sections 593 to 599)
during the period.
  "(3) A person is qualified for newstart allowance for a period if:
  (a)  the person is in receipt of a newstart allowance; and
  (b)  the person was granted unemployment benefit under the Social Security
Act 1947 before 1 November 1977; and
  (c)  the person may, in the Secretary's opinion, reasonably be expected to
satisfy the qualification requirements for newstart allowance (see sections
593 to 599) during the period.

                      "Subdivision B - Activity test
Activity test
  "601. (1) Subject to subsection (3), a person satisfies the activity test in
respect of a period if the person satisfies the Secretary that, throughout the
period, the person is:
  (a)  actively seeking; and
  (b)  willing to undertake;
paid work that in the opinion of the Secretary is suitable to be under taken
by the person.
  "(2) A person also satisfies the activity test in respect of a period if:
  (a)  the Secretary is of the opinion that, throughout the period, the
person
    (i)  should undertake particular paid work that, in the opinion of
the Secretary, is suitable to be done by the person; or
    (ii) should:
       (A)   undertake a course of vocational training; or
       (B)   participate in a labour market program; or
       (C)   participate in another course;
approved by the Employment Secretary which is likely to:
       (D)   improve the person's prospects of obtaining suitable paid work;
or
       (E)   assist the person in seeking suitable paid work; or
    (iii)  in a case where the person lives in an area where:
       (A)   there is no locally accessible labour market; and
       (B)  there is no locally accessible vocational training course or
labour market program;
should participate in an activity suggested by the person and approved by the
Employment Secretary;  and
  (b)   the Secretary notifies the person that the person is required to act
in accordance with the opinion; and
  (c)  the person takes reasonable steps to comply, throughout the period,
with the Secretary's requirement. Note: for `Employment Secretary' see section
23.
  "(3) If a person fails to take reasonable steps to comply, throughout a
period with a requirement of the Secretary under subsection (2), the person
cannot be taken to satisfy the activity test in respect of that period in
spite of any compliance of the person with subsection (1).
  "(4) A person also satisfies the activity test in respect of a period if,
throughout the period, the person is taking reasonable steps to comply with
the terms of a Newstart Activity Agreement between the CES and the person.
  "(5) If a person fails to take reasonable steps to comply, throughout a
period with the terms of a Newstart Activity Agreement between the CES and the
person, the person cannot be taken to satisfy the activity test in respect of
the period in spite of any compliance of the person with subsection (1). Note:
for situations where a person is not required to satisfy the activity tes see:
(a) section 602 (certain persons over 55); (b)  section 603 (persons attending
training camps or in remote areas). Relief from activity test - certain
persons over 55 in employment
  "602. A person is taken to satisfy the activity test in respect of a period
if throughout the period:
  (a)  the person is at least 55; and
  (b)  the person is in employment that commenced on or after1 January 1990;
and (c)  the person earns at least 35% of average male full-time weekly
earnings from that employment.
Note 1: for `average male full-time weekly earnings' see section 15.
Note 2: for `activity test' see section 601.
Relief from activity test - general
  "603. (1) A person is taken to satisfy the activity test in respect of a
period when the person is attending a training camp as a member of:
  (a)  the Australian Naval Reserve; or
  (b)  the Naval Emergency Reserve Forces; or
  (c)  the Australian Army Reserve; or
  (d)  the Australian Airforce Reserve; or
  (e)  the Airforce Emergency Force; or

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  (f)  the Regular Army Emergency Reserve.
  "(2) Where the Secretary considers that:
  (a)  it would be reasonable to assume that:
    (i)  at the end of a period a person is present in an area described in
subparagraph 601 (2) (a) (iii); and
    (ii)  the person is throughout the period:
       (A)  unemployed; and
       (B)  capable of undertaking paid work that in the Secretary's opinion
is suitable to be undertaken by the person; and
       (C)  willing to undertake paid work that in the Secretary's opinion is
suitable to be undertaken by the person; and
  (b)  having regard to all the relevant factors, including:
    (i)  the location of offices of the Department; and
    (ii)  difficulties with transport and communication; and
    (iii)  the educational and cultural background of the person;
it would be unreasonable to expect the person to comply with the activity test
in order to be qualified for newstart allowance for that period;
then, unless the person has been notified of a requirement under subsection
601 (2) in relation to the period, the person is taken to satisfy the activity
test during that period.
Note 1: for `activity test' see section 601.
Note 2: for `remote area' see section 14.
           "Subdivision C - Newstart Activity Agreements
Newstart Activity Agreements
  "604. For the purposes of this Part, each person in receipt of a newstart
allowance is to have a written agreement, in a form approved by the Employment
Secretary, with the CES, to be known as a Newstart Activity Agreement.

Note 1: for `Employment Secretary' see section 23.
Note 2: `CES' means the Commonwealth Employment Service (see section 23).
Newstart Activity Agreements - requirement
  "605. (1) If a person who has made a claim for, or who is in receipt of, a
newstart allowance is not a party to a Newstart Activity Agreement, the
Secretary must require the person to enter into such an agreement.

  "(2) The Secretary may require a person who has entered into a Newstart
Activity Agreement to enter into another such agreement instead of the
existing one.

  "(3) The Secretary is to give a person who is required to enter into a
Newstar Activity Agreement notice of:

  (a)  the requirement; and
  (b)  the places and times at which the agreement is to be negotiated.

Newstart Activity Agreements - terms
  "606. (1) A Newstart Activity Agreement with a person is to require the
person to undertake one or more of the following activities approved by the
Secretary:
  (a)  a job search;
  (b)  a vocational training course;
  (c)  training that would help in searching for work;
  (d)  paid work experience;
  (e)  measures designed to eliminate or reduce any disadvantage the person
has in the labour market, not being measures compelling the person to work in
return for payment of newstart allowance;
  (f)  participation in a labour market program conducted by the CES;
  (g)  an activity proposed by the person (such as unpaid voluntary work
proposed by the person).

  "(2) The terms of an agreement, which include the specification of the
activities that the person is to be required to undertake, are to be approved
by the Secretary.
  "(3) In considering whether to approve the terms of an agreement with a
person, the Secretary is to have regard to the person's capacity to comply
with the proposed agreement and the person's needs.
  "(4) In having regard to a person's capacity to comply with an agreement and
the person's needs, the Secretary is to take into account:
  (a)  the person's education, experience, skills, age and physical condition;
and
  (b)  the state of the labour market in the locality where the person
resides; and
  (c)  the training opportunities available to the person; and
  (d)  any factors that the Secretary considers relevant in the
circumstances.
  "(5) An agreement with a person:
  (a)  may be varied or suspended; and
  (b)  if another Newstart Activity Agreement is made with the person, may be
cancelled; and
  (c)  may be reviewed from time to time at the request of either party to the
agreement.
  "(6) An allowee who is a party to an agreement is to notify the Secretary of
any circumstances preventing or affecting the allowee's compliance with the
agreement.
Newstart Activity Agreements - failure to negotiate
  "607. (1) If:

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  (a)  a person has been given notice under subsection 605 (2) of a
requirement to enter into a Newstart Activity Agreement; and
  (b)  the Secretary is satisfied, because of the person's failure to:
    (i)  attend the negotiation of the agreement; or
    (ii)  respond to correspondence about the agreement; or
    (iii)  agree to terms of the agreement proposed by the CES; or
otherwise, that the person is unreasonably delaying entering into the
agreement;
then:
  (c)  the Secretary may give the person notice that the person is being taken
have failed to enter the agreement; and
  (d)  if the notice is given - the person is taken to have so failed.
Note: refusal to enter a Newstart Activity Agreement disqualifies a person for
newstart allowance -  see paragraph 593 (e).
  "(2) A notice under paragraph (1) (c) must:
  (a)  be in writing; and
  (b)  set out the reasons for the decision to give the notice; and
  (c)  include a statement describing the rights of the person to apply for
the review of the decision.

    "Subdivision D - Situations where allowance not payable (general)
Newstart allowance not payable in certain situations
  "608. (1) A newstart allowance is not payable to a person for a period
during which the person is qualified for newstart allowance (see section 593)
if during that period:
  (a)  the person has not provided a tax file number for the person (see
section 609) or for the person's partner (see section 610); or
  (b)  the value of the person's assets exceeds the person's assets value
limit (see sections 611 and 612); or
  (c)  the person is a full-time student (see section 613); or
  (d)  another income support payment is being paid to the person (see section
614); or
  (e)  the newstart allowance has not commenced to be payable (see sections
616 and 645); or
  (f)  the person is subject to an unused annual leave waiting period and has
no served that waiting period (see sections 617 to 619); or
  (g)  the person is subject to an ordinary waiting period and has not served
the waiting period (see sections 620 and 621); or
  (h)  the person is subject to an education leavers waiting period and that
period has not ended (see sections 622 and 623); or
    (i)   the person fails to comply with a requirement that the person:
    (i)   attend an office of the Department or of the CES; or
    (ii)  contact the Department or the CES; or
    (iii) give information;
as required by section 627; or
  (j)  a period of non-payment has been imposed because:
    (i)  the person had previously ceased to be qualified for newstart
allowance for failure to satisfy the activity test (see section 624); or
    (ii)  the person had previously ceased to be qualified for newstart
allowance for failure to enter into a Newstart Activity Agreement (see section
625); or
    (iii)  the person had previously ceased to be qualified for newstart
allowance for failure to comply with a Newstart Activity Agreement (see
section 626); or
    (iv)  the person had previously failed to comply with a requirement
(see section 677) to:
       (A)  attend an office of the Department or of the CES; or
       (B)  contact the Department or the CES; or
       (C)  give information; or
    (v)  the person's unemployment is due to a voluntary act of the
person; or
    (vi)  the person's unemployment is due to misconduct by the person
(see section 629); or
    (vii)  the person has refused an offer of employment (see section 630);
or
    (viii)  the person failed to comply with notification requirements
(see section 631); or
    (ix)  the person had previously ceased to be qualified for newstart
allowance because the person was not registered with the CES in an allowance
category as being unemployed (see section 632); or
    (x)  the person is a seasonal worker (see section 633); or
    (xi)  the person moved to an area of lower employment prospects (see
section 634); or
  (k)  the person is in gaol (see Part 3.13); or
  (l)  the person is subject to a compensation preclusion period (see Part
3.14).
Note 1: for `serving a waiting period' see subsection 23 (10).
Note 2: `CES' means Commonwealth Employment Service (see section 23).
Note 3: for `allowance category' see subsection 23 (4A).
  "(2) A newstart allowance is not payable to a person if the person's
newstart allowance rate would be nil.

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Provision of tax file number
  "609. (1) A newstart allowance is not payable to a person unless:
  (a)  the person has given the Secretary a written statement of the person's
tax file number; or
  (b)  the person has given the Secretary an employment declaration and
satisfied either subsection (2) or (3).

Note: the Secretary can require a person to quote tax file number under
section 1308.
  "(2) A person satisfies this subsection if:
  (a)  the employment declaration states that the person:
    (i)  has a tax file number but does not know what it is; and
    (ii) has asked the Commissioner of Taxation to inform him or her
of the number; and
  (b)  the person has given the Secretary a document authorising the
Commission of Taxation to tell the Secretary:
    (i)  whether the person has a tax file number; and
    (ii)  if the person has a tax file number - the tax file number; and
  (c)  the Commissioner of Taxation has not told the Secretary that the person
has no tax file number.
  "(3) A person satisfies this subsection if:
  (a)  the employment declaration states that an application by the person for
a tax file number is pending; and
  (b)  the person has given the Secretary a document authorising the
Commission of Taxation to tell the Secretary:
    (i)  if a tax file number is issued to the person - the tax file number;
or
    (ii)  if the application is refused - that the application has been
refused
    (iii)  if the application is withdrawn - that the application has been
withdrawn; and
  (c)  the Commissioner of Taxation has not told the Secretary that an
application by the person for a tax file number has been refused; and
  (d)  the application for a tax file number has not been withdrawn.

Provision of partner's tax file number
  "610. (1) Subject to subsection (4), a newstart allowance is not payable to
a person if:
  (a)  the person is a member of a couple; and
  (b)  the person is required under section 639 or 656 to give the Secretary a
written statement of the tax file number of the person's partner; and
  (c)  at the end of the period of 28 days after the requirement is made the
person has neither:
  (i)  given the Secretary a written statement of the partner's tax file
number; nor
  (ii)  given the Secretary a declaration by the partner in a form approved by
the Secretary and satisfied either subsection (2) or (3).
  "(2) The person satisfies this subsection if:
  (a)  the partner's declaration states that the partner:
  (i)  has a tax file number but does not know what it is; and
  (ii)  has asked the Commissioner of Taxation to inform the partner of the
partner's number; and
  (b)  the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
  (i)  whether the partner has a tax file number; and
  (ii)  if the partner has a tax file number - the tax file number; and
  (c)  the Commissioner of Taxation has not told the Secretary that the
partner has no tax file number.
  "(3) The person satisfies this subsection if:
  (a)  the partner's declaration states that an application by the partner for
a tax file number is pending; and
  (b)  the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
  (i)  if a tax file number is issued to the partner - the tax file number;
or
  (ii)  if the application is refused - that the application has been refused;
or   (iii)  if the application is withdrawn - that the application has been
withdrawn; and
  (c)  the Commissioner of Taxation has not told the Secretary that an
application by the partner for a tax file number has been refused; and
  (d)  the application for a tax file number has not been withdrawn.
  "(4) The Secretary may waive the requirement for a statement of the
partner's tax file number if the Secretary is satisfied that:
  (a)  the person does not know the partner's tax file number; and
  (b)  the person can obtain none of the following from the partner:
  (i)  the partner's tax file number;
  (ii)  a statement of the partner's tax file number;
  (iii)  a declaration by the partner under subparagraph (1) (c) (ii).

Assets test - allowance not payable if assets value limit exceeded
  "611. (1) A newstart allowance is not payable to a person if the value of
the person's assets exceeds the person's assets value limit.
  "(2) A person's assets value limit is worked out using the following table:

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work out which family situation applies to the person; the assets  value limit
is the corresponding amount in the `assets value limit' column.
                      ASSETS VALUE LIMIT TABLE
  column 1  column 2                          column 3
  item      person's family             assets value limit
            situation               column 3A          column 3B
                                    either person or   neither person nor
                                    partner homeowner  partner homeowner
  1.        Not member of a couple  $110,750           $190,250
  2.        Partnered (partner      $157,500           $237,000
            getting neither pension
            nor allowance)
  3.        Partnered (partner      $78,750            $118,500
            getting pension or
            allowance)
Note 1: for `member of a couple', `partnered (partner getting neither pension
nor allowance)' and `partnered (partner getting pension or allowance)' see
section 4. Note 2: for `homeowner' see section 11.
Note 3: if item 2 applies to a person, the value of all the assets of the
person's partner are to be taken as being included in the value of the
person's assets (see subsection 612 (1)) - this is why the assets value limit
is so high. If, on the other hand, item 3 applies to a person, the value of
the person's assets is only half the combined value of the person's assets and
the assets of the person's partner (see subsection 612 (2)). Note 4: if a
newstart allowance is not payable to a person because of the value of the
person's assets, the person may be able to take advantage of provisions
dealing with financial hardship (see sections 1131 and 1132).
Note 5: the assets value limits of items 1 and 3 in column 3A and item 3 in
column 3B are indexed annually in line with CPI increases (see sections 1191
to 1194).
Note 6: the assets value limit of item 1 in column 3B is adjusted annually
(see subsection 1204 (1)).
Note 7: the item 2 assets value limits are adjusted annually so that they are
twice the corresponding item 3 limits (see subsections 1204 (2) and (3)).

Value of assets of members of couples
  "612. (1) If:
  (a)  a person is a member of a couple; and
  (b)  the person's partner:
  (i)  is not in receipt of a social security or service pension;  and
  (ii)  is not in receipt of a social security benefit;
the value of the person's assets, or of assets of a particular kind of the
person, includes the value of the partner's assets or of assets of that kind
of the partner.

Note: `social security pension' includes a sheltered employment or
rehabilitation allowance.
  "(2) If:
  (a)  a person is a member of a couple; and
  (b)  the person's partner is in receipt of:
    (i)  a social security or service pension; or
    (ii)  a social security benefit;
the value of:
  (c)  the person's assets is taken to be 50% of the sum of the value of the
assets of the person and the value of the assets of the person's partner; and
  (d)  the person's assets of a particular kind are taken to be 50% of the sum
the value of the assets of that kind of the person and the value of the assets
that kind of the person's partner.

Full-time students
  "613. (1) Subject to subsection (2), a newstart allowance is not payable to
a person who is enrolled in a full-time course of education or vocational
training for the period that:
  (a)  starts when the person starts the course; and
  (b)  finishes when the person:
    (i)   completes the course; or
    (ii)  abandons the course; or
    (iii) gives notice to the provider of the course that the person:
       (A)  wishes to withdraw from the course; or
       (B)  wishes to withdraw from such number of subjects that the person's
co will no longer be a full-time course; and
  (c)  includes periods of vacation; and
  (d)  does not include periods of deferment.
  "(2) Subsection (1) does not prevent a newstart allowance from being payable
for any period during which:
  (a)  a person is enrolled in a course that the Secretary has required the
person to undertake under subsection 601 (2); or
  (b)  the person is engaged in a course undertaken under a Newstart Activity
Agreement; or
  (c)  the person has deferred a course of education.
Note: for Newstart Activity Agreement see sections 605 to 607.

Multiple entitlement exclusion
  "614. (1) A newstart allowance is not payable to a person if the person is

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already receiving a service pension.
  "(2) If:
  (a)  a person is receiving a newstart allowance; and
  (b)  a social security pension, another social security benefit or a service
pension becomes payable to the person;
a newstart allowance is not payable to the person.
Note 1: another payment type will generally not become payable to the person
until the person claims it.
Note 2: `social security pension' includes sheltered employment and
rehabilitation allowances and `social security benefit' includes job search
allowance.
Note 3: for the day on which the newstart allowance ceases to be payable see
section 660.
  "(3) A newstart allowance is not payable to a woman if:
  (a)  the woman is an armed services widow; and
  (b)  the woman is receiving:
  (i)  a pension under Part II or IV of the Veterans' Entitlements Act at a
rate determined under or by reference to subsection 30 (1) of that Act; or
  (ii)  a pension under the Seamen's War Pensions and Allowances Act 1940 at a
rate determined under subsection 18 (2) of that Act. unless:
  (c)  the woman has been receiving a payment referred to in subparagraph (b)
(i) or (ii) continuously since before 1 November 1986; and
  (d)  before 1 November 1986 the woman was also receiving a social security
benefit.
Note: for `armed services widow' see subsection 4 (1).
  "(4) A newstart allowance is not payable to a person for a period if a
payment has been or may be made in respect of the person for that period
under:
  (a)  a prescribed educational scheme other than the ABSTUDY Tertiary Scheme
to the extent that it applies to part-time students; or
  (b)  the scheme to provide an allowance known as the Maintenance Allowance
for Refugees.
Note: for `prescribed educational scheme' see section 5.
  "(5) If:
  (a)  a person may enrol in a full-time course of education; and
  (b)  a payment under a scheme referred to in subsection (4) may be made in
respect of the person;
the Secretary may decide that, in spite of subsection (4), newstart allowance
is payable to the person for a period before the person starts the course.

Provisional commencement day
General rule
  "615. (1) Subject to subsections (2), (3), (4) and (5), a person's
provisional commencement day is:
  (a)  if the person:
  (i)  received a job search allowance; and
  (ii)  claims a newstart allowance no later than 14 days after the person was
last paid a job search allowance;
the day immediately after the day in respect of which the person was last paid
job search allowance; or
  (b)  in any other case - the day on which the person claims a newstart
allowance.

Initial incorrect claim followed by claim for newstart allowance
  "(2) If:
  (a)  the person makes a claim (in this subsection called the `initial
claim') for:
  (i)  a social security or service pension or a social security benefit; or
  (ii)  a pension, allowance, benefit or other payment under another Act, or
under a program administered by the Commonwealth, that is similar in character
to a newstart allowance; and
  (b)  on the day on which the person makes the initial claim, the person is
qualified for newstart allowance; and
  (c)  the person subsequently makes a claim for newstart allowance; and
  (d)  the Secretary is satisfied that it is reasonable for this subsection to
apply to the person;
the person's provisional commencement day is, subject to subsections (3), (4)
a (5), the day on which the person made the initial claim.
Claim within 14 days of CES registration
  "(3) If:
  (a)  a person is not a transferee to a newstart allowance; and
  (b)  the person is not subject to an education leavers waiting period (see
subsection 622 (1)); and
  (c)  the person becomes registered by the CES in an allowance category as
being unemployed; and
  (d)  the day that would be the person's provisional commencement day under
subsections (1) and (2) occurs:
  (i)  within 14 days after becoming so registered by the CES; or
  (ii)  within such further period after becoming so registered by the CES as
the Secretary considers reasonable;
the person's provisional commencement day is the day on which the person
became registered by the CES.

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Note 1: for `transferee' see subsections 23 (6) and (7).
Note 2: for `allowance category' see subsection 23 (4A).

Education leavers who claim within 14 days of CES registration
  "(4) If:
  (a)  a person becomes registered by the CES in an allowance category as
being unemployed; and
  (b)  the person is subject to an education leavers waiting period (see
subsection 622 (1));
the person's provisional commencement day is:
  (c)  if the person becomes so registered by the CES before stopping the
course and the day that would be the person's provisional commencement day
under subsections (1) and (2) occurs:
    (i)  within 14 days after stopping the course; or
    (ii) within such further period after stopping the course as the
Secretary considers reasonable; the day after the last day on which the person
was undertaking the course; or
  (d)  if the person becomes so registered by the CES after stopping the
course and the day that would be the person's provisional commencement day
under subsections (1) and (2) occurs:
    (i)  within 14 days after becoming so registered by the CES;  or
    (ii) within such further period after becoming so registered by the
CES as the Secretary considers reasonable;
the day on which the person became so registered by the CES.

Transferees
  "(5) If a person is a transferee to newstart allowance and:
  (a)  the person claims the newstart allowance within 14 days after the
transfer day; or
  (b)  both of the following subparagraphs are satisfied:
  (i)  the person becomes registered in an allowance category as being
unemployed by the CES within 14 days after the transfer day; and
  (ii)  the day that would be the person's provisional commencement day under
subsection (1) and (2) occurs:
  (A)  within 14 days after becoming so registered by the CES; or
  (B)  within such further period after becoming so registered by the CES as
the Secretary considers reasonable;
the person's provisional commencement day is the person's transfer day. Note
1: for `transferee to an allowance' and `transfer day' see subsections 23 (
and (7).
Note 2: for `allowance category' see subsection 23 (4A).

Commencement of newstart allowance
  "616. A newstart allowance is not payable to a person who is qualified for
the allowance before:
  (a)  where the person is not subject to a waiting period - the person's
provisional commencement day; or
  (b)  if the person is subject to one waiting period only - the first day
after the end of that waiting period; or
  (c)  if the person is subject to more than one waiting period - the first
day after all of the waiting periods have ended.
Note 1: for `provisional commencement day' see section 615.
Note 2: a waiting period is:
  (a) an unused annual leave waiting period (see sections 617 to 619); or
(b) an ordinary waiting period (see sections 620 and 621); or
  (c) an education leavers waiting period (see sections 622 and 623).
If the person has an unused annual leave waiting period and an ordinary
waiting period, the ordinary waiting period will follow the unused annual
leave waiting period (see subsection 621 (2)). If the person has an education
leaver waiting period and another waiting period, the education leavers
waiting period runs concurrently with the other waiting period and the
newstart allowance will not be payable until the longest waiting period has
finished.
  "Subdivision E - Situations where allowance not payable (waiting periods)
Unused annual leave waiting period
  "617. (1) Subject to subsections (2), (3) and (4), a person is subject to an
unused annual leave waiting period if:
  (a)  when the person became unemployed, the person became entitled to
receive payment for unused annual leave; and
  (b)  the person's provisional commencement day occurs within the notional
leave period; and
  (c)  immediately before becoming qualified for the newstart allowance, the
person was not receiving a job search allowance.
  "(2) This section does not apply to a person if both of the following
conditions apply:
  (a)  the person is a transferee to newstart allowance;
  (b)  the person claims the newstart allowance:
    (i)  within 14 days of the transfer day; or
    (ii) where the person becomes registered by the CES in an allowance
category being unemployed within 14 days after the transfer day - within 14
days of the person becoming so registered or such further period as the
Secretary considers reasonable.
  "(3) Subsection (1) does not apply to a person who becomes qualified for a

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newstart allowance at the end of a period for which, under subsection 599 (3),
the person is taken to have been registered by the CES in an allowance
category as being unemployed (non-registration up to 13 weeks).

Note: `CES' means Commonwealth Employment Service (see section 23).
  "(4) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: for `unused annual leave' see section 23.
Note 2: for `notional leave period' see section 618.
Note 3: for `provisional commencement day' see section 615.
Note 4: `CES' means the `Commonwealth Employment Service' (see section 23).
Note 5: for `Employment Secretary' see section 23.

Notional leave period
  "618. (1) A person's notional leave period is the period that:
  (a)  starts on the day after the day on which the person's employment has
ended and
  (b)  runs for the number of days for which the person has unused annual
leave calculated under subsections (2) and (3).
  "(2) Subject to subsection (3), the number of days for which the person has
unused annual leave is worked out as follows:
  (a)  if the period of unused annual leave is expressed in weeks - multiply
by the number of weeks (including fractions of weeks) in the period of unused
annual leave and disregard any fraction that results;
  (b)  in any other case - multiply by 7 the number of working weeks
(including any fraction of a working week) represented by the period of unused
annual leave and disregard any fraction that results.
  "(3) The number of days for which a person has unused annual leave can not
exceed 28 days.
Duration of unused annual leave waiting period
  "619. A person's unused annual leave waiting period starts on the day after
the day on which the person's employment has ended and finishes on the last
day of the notional leave period.
Note 1: for `notional leave period' see section 618.
Note 2: an unused annual leave waiting period may apply to a person whether or
not the person is subject to an ordinary waiting period. If the person is
subject to an ordinary waiting period, that period will start after the unused
annual leave waiting period (see subsection 621 (2)).
Note 3: for `provisional commencement day' see section 615.
Ordinary waiting period
  "620. A person is subject to an ordinary waiting period unless:
  (a)  immediately before becoming qualified for the newstart allowance, the
person was receiving a job search allowance; or
  (b)  the person has served an ordinary waiting period that ended not more
than 12 weeks before the person's provisional commencement day; or
  (c)  both of the following conditions apply:
    (i)  the person is a transferee to newstart allowance;
    (ii) the person claims the newstart allowance within 14 days of the
transfer day; or
  (d)  at some time in the 13 weeks immediately before the person's
provisional commencement day, a job search allowance or newstart allowance
stopped being payable to the person; or
  (e)  the person becomes qualified for a newstart allowance at the end of a
period for which, under subsection 599 (3), the person is taken to have been
registered by the CES in an allowance category as being unemployed
(non-registration up to 13 weeks); or
  (f)  the person:
    (i)  has started formal vocational training in a labour market program
approved by the Employment Secretary; and
    (ii)  has been exempted from the application of this section by the
Employment Secretary; or
  (g)  the Secretary is satisfied that the person would suffer severe
financial hardship if the person were subject to the ordinary waiting period.
Note 1: for `transferee to an allowance' and `transfer day' see subsections 23
(6) and (7). Note 2: for `provisional commencement day' see section 615.
Note 3: for `ordinary waiting period' see subsection 23 (1).
Note 4: for `allowance category' see subsection 23 (4A).
Note 5: `CES' means the Commonwealth Employment Service (see section 23.)
Note 6: for `Employment Secretary' see section 23.

Duration of ordinary waiting period
No unused annual leave waiting period
  "621. (1) If a person:
  (a)  is subject to an ordinary waiting period; and
  (b)  is not subject to an unused annual leave waiting period; and
  (c)  is not disqualified for newstart allowance under section 598 (liquid
assets test);
the ordinary waiting period is the period of 7 days that starts on the
person's provisional commencement day.
Note: for `provisional commencement day' see section 615.

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Unused annual leave waiting period
  "(2) If a person is subject to:
  (a)  an ordinary waiting period; and
  (b)  an unused annual leave waiting period; and
  (c)  is not disqualified for newstart allowance under section 598 (liquid
assets test);
the ordinary waiting period is the period of 7 days that starts on the day
after the day on which the person's unused annual leave waiting period ends.
Note 1: for `unused annual leave waiting period' see sections 617 to 619.
Note 2: for `provisional commencement day' see section 615.
  "(3) If a person:
  (a)  is subject to an ordinary waiting period; and
  (b)  is not subject to an unused annual leave waiting period; and
  (c)  is disqualified for newstart allowance under section 598 (liquid assets
test);
the ordinary waiting period is the period of 7 days that starts on the day
after the end of the period of 4 weeks referred to in subsections 598 (2), (3)
and (4)
  "(4) If a person:
  (a)  is subject to an ordinary waiting period; and
  (b)  is subject to an unused annual leave waiting period; and
  (c)  is disqualified for newstart allowance under section 598 (liquid assets
test);
the ordinary waiting period is the period of 7 days that starts on the day
after the end of the period of 4 weeks referred to in subsections 598 (2), (3)
and (4)
Note: for `provisional commencement day' see section 615.

Education leavers waiting period
Persons subject to waiting period
  "622. (1) Subject to subsections (2), (3) and (4), a person is subject to an
education leavers waiting period if the person:
  (a)  was undertaking a full-time course of education of at least 6 months
duration; and
  (b)  has stopped the course; and
  (c)  was, immediately before stopping the course, receiving neither:
    (i)  a social security or service pension; nor
    (ii) a social security benefit; and
  (d)  immediately before becoming qualified for the newstart allowance, the
person was not receiving a job search allowance; and
  (e)  has a provisional commencement day within 6 months after stopping the
course; and
  (f)  is not covered by subsection (2) (allowees stopping courses after 4
weeks).
  "(2) Subsection (1) does not apply to a person if both of the following
conditions apply:
  (a)  the person is a transferee to newstart allowance;
  (b)  the person claims the newstart allowance:
    (i)  within 14 days of the transfer day; or
    (ii)  where the person becomes registered by the CES in an allowance
category being unemployed within 14 days after the transfer day - within 14
days of the person becoming so registered or such further period as the
Secretary considers reasonable.
  "(3) Subsection (1) does not apply to a person who becomes qualified for a
newstart allowance at the end of a period for which, under subsection 599 (3),
the person is taken to have been registered by the CES in an allowance
category as being unemployed (non-registration up to 13 weeks).
  "(4) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: for `provisional commencement day' see section 615.
Note 2: `CES' means the Commonwealth Employment Service see section 23).
Note 3: for `Employment Secretary' see section 23.

No education leavers waiting period in some cases where already served
  "(5) A person who would otherwise be subject to an education leavers waiting
period in relation to a newstart allowance is not subject to such a period
if:
  (a)  the person had previously been subject to an education leavers waiting
period; and
  (b)  a job search allowance or a newstart allowance had been payable to the
person continuously from the end of the education leavers waiting period until
immediately before the person started the course; and
  (c)  the person's provisional commencement day is within 4 weeks after
starting the course.
Note 1: for `provisional commencement day' see section 615.
Note 2: for `education leavers waiting period' see subsection 23 (1).
Duration of education leavers waiting period
General rule
  "623. (1) Subject to this section, the education leavers waiting period

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starts on the person's provisional commencement day and lasts for:
  (a)  13 weeks if, on the person's provisional commencement day, the person:
    (i)  had not turned 21; and
    (ii)  is not a member of a couple; and
    (iii)  does not have a dependent child; or
  (b)  6 weeks if, on the person's provisional commencement day, the person:
    (i)  has turned 21; or
    (ii)  is a member of a couple; or
    (iii)  has a dependent child.
Note 1: the duration of the education leavers waiting period may be modified
by:
  (a) subsections (2) and (3) (change of status during waiting period);
  (b) subsection (5) (periods of employment or periods on special benefit);
Note 1: (c) subsection (6) (previous periods of non-payment because of
education leavers waiting period);
Note 1: (d) subsection (7) (6 months ceiling).
Note 2: for `provisional commencement day' see section 615.

Change of status in first 6 weeks
  "(2) Subject to subsection (4), where:
  (a)  a person who is covered by paragraph (1) (a):
    (i)  turns 21; or
    (ii)  becomes a member of a couple; or
  (b)  a young person becomes a dependent child of a person who is covered by
paragraph (1) (a);
within 6 weeks from and including the person's provisional commencement day,
the education leavers waiting period starts on the person's provisional
commencement day and lasts for 6 weeks.
Note: for `provisional commencement day' see section 615.
Change of status after 6 weeks
  "(3) Subject to subsection (4), where:
  (a)  a person who is covered by paragraph (1) (a):
    (i)  turns 21; or
    (ii) becomes a member of a couple; or
  (b)  a young person becomes a dependent child of a person who is covered by
paragraph (1) (a);
in the period:
  (c)  starting at the end of 6 weeks from the person's provisional
commencement day; and
  (d)  lasting for 6 weeks;
the education leavers waiting period starts on the person's provisional
commencement day and ends on the day before the day on which the person is
first covered by paragraph (a) or (b).
Note: for `provisional commencement day' see section 615.
Notification required
  "(4) For the purposes of subsections (2) and (3):
  (a)  a person is not to be taken to have become a member of a couple; and
  (b)  a young person is not to be taken to have become a dependent child of a
person; until the person notifies the Department that this is the case.
Reduction of waiting period for periods of special benefit and employment
  "(5) The waiting period imposed by subsection (1) or (2) is to be:
  (a)  if the person is subject to a 13 week education leavers waiting period
- any period during which the person was employed on a full-time basis after
stopping the course; and
  (b)  if the person is subject to a 6 week education leavers waiting period -
a period during which the person has been employed, at any time, on a
full-time basis; and
  (c)  any period during which the person was paid special benefit after
stopping the course.
Reduction of education leavers waiting period where already partially served
  "(6) If:
  (a)  a person is subject to an education leavers waiting period; and
  (b)  the person started the course concerned at a time when a job search
allowance, newstart allowance or sickness benefit was not payable to the
person because of an education leavers waiting period; and
  (c)  the person's provisional commencement day is within 4 weeks after the
person started the course concerned;
the duration of the education leavers waiting period is reduced by the number
of days of the previous education leavers waiting period that the person had
served immediately before starting the course.
Note 1: for `provisional commencement day' see section 615.
Note 2: for `education leavers waiting period' see section 23.
6 month ceiling
  "(7) An education leavers waiting period that applies in respect of a course
o study undertaken by a person is not to extend more than 6 months after the
person has stopped the course.

   "Subdivision F - Situations where allowance not payable (recipient
                           non-compliance)
Removal from allowance for failure to satisfy activity test
  "624. (1) If:
  (a)  a newstart allowance was payable to a person; and

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  (b)  the person ceased to be qualified for the allowance because the person
did not satisfy the activity test; and
  (c)  the person later becomes qualified for a newstart allowance;
a newstart allowance is not payable to the person for the deferment period.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.

Note 1: `CES' means the Commonwealth Employment Service (see section 23). Note
2: for `Employment Secretary' see section 23.
  "(3) Subject to subsections (4) and (5), the deferment period is 2 weeks.
  "(4) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time and
automatic deferment provision applied to the person; the deferment period is 6
weeks.
Note: for `automatic deferment provision' see section 23.
  "(6) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(6) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.
Removal from allowance for failure to enter Newstart Activity Agreement
  "625. (1) If:
  (a)  a newstart allowance was payable to a person; and
  (b)  the person ceased to be qualified for the allowance because the person
failed to enter a Newstart Activity Agreement; and
  (c)  the person later becomes qualified for a newstart allowance;
the newstart allowance is not payable to the person for the deferment period.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) Subject to subsections (4) and (5), the deferment period is 2 weeks.
  "(4) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(5) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.

Note: for `automatic deferment provision' see section 23.
  "(6) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Removal from allowance for failure to comply with Newstart Activity Agreement
  "626. (1) If:
  (a)  a newstart allowance was payable to a person; and
  (b)  the person ceased to be qualified for the allowance because the person
did not comply with a Newstart Activity Agreement; and
  (c)  the person later becomes qualified for a newstart allowance;
a newstart allowance is not payable to the person for the deferment period.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) Subject to subsections (4) and (5), the deferment period is 2 weeks.
  "(4) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.

Note: for `automatic deferment provision' see section 23.
  "(5) If:
  (a)  subsection (1) applies to a person at a particular time; and

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  (b)  an automatic deferment provision or provisions applied to the person on
or more occasions within the period of 3 years before that time; the deferment
period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b)
after the first.

Note: for `automatic deferment provision' see section 23.
  "(6) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Secretary may require a person to attend the Department or CES etc.
  "627. (1) Where:
  (a)  a person is receiving, or has lodged a claim for, a newstart allowance;
and
  (b)  the Secretary is of the opinion that the person should:
    (i)  attend an office of the Department or of the CES; or
    (ii)  contact the Department or the CES; or
    (iii)  give information to the Secretary; and
  (c)  the Secretary notifies the person that the person is required to:
    (i)  attend that office; or
    (ii)  contact the Department or the CES; or
    (iii)  give that information; and
  (d)  the requirement is reasonable; and
  (e)  the person does not comply with the requirement;
a newstart allowance is not payable to the person.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) The Secretary may determine that a newstart allowance is payable to a
person for a period for which it was not payable under subsection (1) if the
Secretary is satisfied that the person had a reasonable excuse for not
complying with the requirement.

  "(4) If:
  (a)  a  newstart allowance is not payable under subsection (1); and
  (b)  at a later time a newstart allowance would, but for this subsection, be
payable to the person;
a newstart allowance is not payable to the person for the deferment period.
  "(5) Subject to subsections (6) and (7), the deferment period is 2 weeks.
  "(6) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(7) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(8) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Unemployment due to voluntary act
  "628. (1) If:
  (a)  a person's unemployment is due, either directly or indirectly, to a
voluntary act of the person; and
  (b)  the voluntary act was without sufficient reason;
a newstart allowance is not payable to the person for the deferment  period.
  "(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
  "(3) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(4) If:
  (a)  subsection (1) applies to the person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first. Note: for `automatic deferment provision' see
section 23.
  "(5) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Unemployment due to misconduct
  "629. (1) If a person's unemployment is due to the person's misconduct as a
worker, a newstart allowance is not payable to the person for the deferment
period.

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  "(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
  "(3) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(4) If:
  (a)  subsection (1) applies to the person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(5) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Refusal of job offer
  "630. (1) If a person has refused or failed, without sufficient reason, to
accept a suitable offer of employment, a newstart allowance is not payable to
the person for the deferment period.
  "(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.
  "(3) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that  time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(4) If:
  (a)  subsection (1) applies to the person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(5) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Removal from allowance for failure to comply with notification requirements
  "631. (1) If a person refuses or fails, without sufficient reason, to comply
with a requirement made of the person under section 656, 657, 658 or 1304, a
newstart allowance is not payable to the person for the deferment period.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) Subject to subsections (4) and (5), the deferment period is 2 weeks.
  "(4) If:
  (a)  subsection (1) applies to a person at a particular time; and
  (b)  on one occasion only within the period of 3 years before that time an
automatic deferment provision applied to the person;
the deferment period is 6 weeks.
Note: for `automatic deferment provision' see section 23.
  "(5) If:
  (a)  subsection (1) applies to the person at a particular time; and
  (b)  an automatic deferment provision or provisions applied to the person on
or more occasions within the period of 3 years before that time;
the deferment period is 6 weeks plus 6 weeks for each occasion referred to in
paragraph (b) after the first.
Note: for `automatic deferment provision' see section 23.
  "(6) The Secretary may determine in writing the day on which the deferment
period commences and that day may be before the day of the determination.

Removal from allowance for failure to continue CES registration
  "632. (1) If:
  (a)  a newstart allowance was payable to a person; and
  (b)  the person ceased to be qualified for newstart allowance because the
person:
    (i)  was not registered by the CES in an allowance category as being
unemployed (see paragraph 593 (g)); and
    (ii)  the Secretary has not excused the person from being registered
by the CES under section 599; and
  (c)  the person later becomes qualified for newstart allowance again;
a newstart allowance is not payable to the person for a period determined, in
writing, by the Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: where a person has been paid newstart allowance while the person was
not qualified because he or she was not registered by the CES, an overpayment
may arise (see Chapter 5). Subsection (1) does not prevent the Secretary from
taking action to recover the overpayment.

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Note 3: for `allowance category' see subsection 23 (4A).
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) The Secretary may determine in writing the day on which the period of
non-payment imposed by subsection (1) commences and that day may be before the
day of the determination.

Seasonal workers
  "633. (1) Where:
  (a)  a person is a seasonal or intermittent worker; and
  (b)  the person's income is sufficient to maintain:
    (i)  the person; and
    (ii) any other persons who are ordinarily maintained by the person;
notwithstanding that the person is temporarily unemployed;
a newstart allowance is not payable to the person for a period determined, in
writing, by the Secretary.

  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) The Secretary may determine in writing the day on which the period of
non-payment imposed by subsection (1) commences and that day may be before the
day of the determination.

Move to area of lower employment prospects
  "634. (1) Where, in the opinion of the Secretary, a person has reduced his
or her employment prospects by moving to a new place of residence without
sufficient reason, a newstart allowance is not payable to the person for 12
weeks.
  "(2) Subsection (1) does not apply to a person:
  (a)  who has started formal vocational training in a labour market program
approved by the Employment Secretary; and
  (b)  who has been exempted from the application of that subsection by the
Employment Secretary.
Note 1: `CES' means the Commonwealth Employment Service (see section 23).
Note 2: for `Employment Secretary' see section 23.
  "(3) For the purposes of subsection (1), a person has a sufficient reason
for moving to a new place of residence if and only if the person:
  (a)  moves to live with a family member who has already established his or
her residence in that place of residence; or
  (b)  moves to live near a family member who has already established
residence the same area; or
  (c)  satisfies the Secretary that the move is necessary for the purposes of
treating or alleviating a physical disease or illness suffered by the person
or by a family member.
  "(4) The Secretary may determine in writing the day on which the period of
non-payment imposed by subsection (1) commences and that day may be before the
day of the determination.
Note: for `family member' see section 5A.

             "Division 2 - Claim for newstart allowance
Need for a claim
  "635. (1) A person who wants to be granted a newstart allowance must make a
proper claim for that allowance.
Note 1: for `proper claim' see section 636 (form), section 637 (manner of
lodgment) and section 638 (residence/presence in Australia).
Note 2: because the payability of newstart allowance may be affected by, for
example, the provisions dealing with the circumstances in which a person's
former employment ended (see sections 628 and 629), the person may be asked to
support his or her claim for newstart allowance with an end of employment
statement by the former employer (see section 1311).
  "(2) Subject to subsection (3), for the purposes of subsection (1), where:
  (a)  a claim for newstart allowance is made by or on behalf of a person;
and
  (b)  at the time the claim is made, the claim cannot be granted because the
person is not qualified for newstart allowance;
the claim is to be taken not to have been made.
  "(3) For the purposes of subsection (1), where:
  (a)  a claim for newstart allowance is made by or on behalf of a person who
is in receipt of a job search allowance; and
  (b)  the claim is made no earlier than 4 weeks before the day on which the
Secretary expects the person to become qualified for a newstart allowance;
the claim is taken to have been made.
Note: `CES' means the Commonwealth Employment Service (see section 23).
Form of claim

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  "636. To be a proper claim, a claim must be made in writing and must be in
accordance with a form approved by the Secretary. Lodgment of claim
  "637. (1) To be a proper claim, a claim must be lodged:
  (a)  at an office of the Department; or
  (b)  at a place approved for the purpose by the Secretary; or
  (c)  with a person approved for the purpose by the Secretary.
  "(2) A place or person approved under subsection (1) must be a place or
person in Australia.
Claimant must be Australian resident and in Australia
  "638. A claim by a person is not a proper claim unless the person is:
  (a)  an Australian resident; and
  (b)  in Australia;
on the day on which the claim is lodged.
Note: for `Australian resident' see subsection 7 (2).

Secretary may require claimant to give statement of partner's tax file number
  "639. If:
  (a)  a claimant for a newstart allowance is a member of a couple; and
  (b)  the claimant's partner is in Australia;
the Secretary may require the claimant to give the Secretary a written
statement of the tax file number of the claimant's partner.
Note 1: for the consequences of a failure to comply with the requirement see
section 610.
Note 2: under section 609 the claimant is automatically required to give a
statement of the claimant's own tax file number.
Note 3: in some cases the requirement can be satisfied by giving the Secretary
a declaration by the partner about the partner's tax file number and an
authority by the partner to the Commissioner of Taxation to give the Secretary
certain information relevant to the partner's tax file number: see subsections
610 (2) and (3).
Note 4: the Secretary can waive the requirement in some cases: see subsection
610 (4).

                 "Division 3 - Determination of claim
Secretary to determine claim
  "640. The Secretary must, in accordance with this Act, determine the claim.

Grant of claim
  "641. The Secretary is to determine that the claim is to be granted if the
Secretary is satisfied that:
  (a)  the person is qualified or is expected to be qualified, for a newstart
allowance; and
  (b)  the allowance is payable.
Note: for valid claim lodged before qualification see subsection 635 (3).

Date of effect of determination
  "642. (1) Subject to subsections (2), (3) and (4), a determination under
section 641 takes effect on the day on which the determination is made or on
such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
  "(2) If:
  (a)  a decision (in this subsection called the `previous decision') is made
rejecting a person's claim for newstart allowance; and
  (b)  a notice is given to the person advising the person of the making of
the previous decision; and
  (c)  the person applies to the Secretary under section 1240, within 3 months
after the notice is given, for review of the previous decision; and
  (d)  a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision took
effect.

Notified decision - review sought after 3 months
  "(3) If:
  (a)  a decision (in this subsection called the `previous decision') is made
rejecting a person's claim for newstart allowance; and
  (b)  a notice is given to the person advising the person of the making of
the previous decision; and
  (c)  the person applies to the Secretary under section 1240, more than 3
months after the notice is given, for review of the previous decision; and
  (d)  a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the person sought the
review.

Decision not notified
  "(4) If:
  (a)  a decision (in this subsection called the `previous decision') is made
rejecting a person's claim for newstart allowance; and
  (b)  no notice is given to the person advising the person of the making of
the previous decision; and
  (c)  the person applies to the Secretary under section 1240 for review of
the previous decision; and
  (d)  a determination granting the claim is made as a result of the
application for review;
the determination takes effect on the day on which the previous decision took

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effect.
               "Division 4 - Rate of newstart allowance
How to work out a person's newstart allowance rate
  "643. A person's newstart allowance rate is worked out using the Benefit
Rate Calculator B at the end of section 1068.
Note: for double payments on release from gaol see section 1161.

Newstart training supplement
  "644. (1) Where a person who is receiving a newstart allowance is
undertaking a course of vocational training approved by the Employment
Secretary for the purposes of this section, the rate of the person's newstart
allowance is to be increased by an amount, to be known as a newstart training
supplement, that that Secretary considers appropriate.
  "(2) In calculating the amount of the increase the Employment Secretary is
to have regard to:
  (a)  the expenses of the person in undertaking the training; and
  (b)  any expenses of the person in living away from the person's usual
residence in order to undertake the training; and
  (c)  any expenses of the person in maintaining the person's usual residence
while living away from that residence in order to undertake the training.
  "(3) The maximum amount of the increase for a person is not to exceed
$87.90.
Note: for `Employment Secretary' see section 23.

              "Division 5 - Payment of newstart allowance
Commencement of newstart allowance
  "645. Newstart allowance becomes payable to a person on the first day on
which:
  (a)  the person is qualified for the allowance; and
  (b)  no provision of this Act makes the allowance not payable to the
person.
Note 1: for qualification see section 593.
Note 2: for the circumstances in which a newstart allowance is not payable see
section 608.

Instalments
  "646. (1) Newstart allowance is to be paid by instalments for periods
determined by the Secretary.
  "(2) Instalments of newstart allowance are to be paid at the times
determined by the Secretary.

Instalments for period less than a fortnight
  "647. (1) If:
  (a)  an instalment of newstart allowance is for a period; and
  (b)  the period is less than a fortnight;
the instalment for the period is:
     newstart allowance rate  x  week days in period
                                       10
   "(2) If:
  (a)  an instalment of newstart allowance is for a period; and
  (b)  the period consists of:
    (i)  a number of whole fortnights; and
    (ii) a period that is less than a fortnight;
the instalment, insofar as it relates to the period that is less than a
fortnight, is:
     newstart allowance rate  x  week days in period
                                       10
Rounding off instalment
  "648. (1) If the amount of an instalment is:
  (a)  a number of whole dollars and a part of a cent; or
  (b)  a number of whole dollars and cents and a part of a cent;
the amount is, subject to subsection (2), to be increased or decreased to the
nearest whole cent.
  "(2) If the amount of an instalment is:
  (a)  a number of whole dollars and 0.5 cent; or
  (b)  a number of whole dollars and cents and 0.5 cent;
the amount is to be increased by 0.5 cent.
  "(3) If, apart from this section, the amount of an instalment would be less
than $1.00, the amount is to be increased to $1.00.

Manner of payment
  "649. A person's newstart allowance is, subject to section 650, to be paid
to that person.

Nominee payments
  "650. (1) The Secretary may direct that the whole, or a part, of the amount
of a person's newstart allowance is to be paid to someone else on behalf of
the person.
  "(2) If the Secretary makes a direction under subsection (1), the newstart
allowance is to be paid in accordance with the direction.

Payment into bank account etc.
  "651. (1) Subject to subsection (6), newstart allowance payable to a person
is to be paid, at the intervals that the Secretary specifies, to the credit of
a bank account, credit union account or building society account.
  "(2) The account must be an account nominated and maintained by the person
to whom the newstart allowance is payable.

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  "(3) The account may be an account that is maintained by a person to whom
the newstart allowance is payable jointly or in common with another person.
  "(4) Where a person to whom newstart allowance is payable has not nominated
an account for the purposes of subsection (1), then, subject to subsection
(6), that allowance is not to be paid.
  "(5) Where:
  (a)  a person is not being paid newstart allowance because of subsection
(4); and
  (b)  the person nominates an account for the purposes of subsection (1);
the allowance (including any amounts that would have been paid but for
subsection (4)) is to be paid under subsection (1).
  "(6) The Secretary may direct that the whole or a part of an amount of
newstart allowance that is payable to a person may be paid to the person in a
different way from that provided for by subsection (1).
  "(7) If the Secretary gives a direction under subsection (6), the newstart
allowance is to be payable in accordance with the direction.

Where allowance payday would fall on public holiday etc.
  "652. If the Secretary is satisfied that an amount of newstart allowance
that would normally be paid on a particular day cannot reasonably be paid on
that day (because, for example, it is a public holiday or a bank holiday), the
Secretary may direct that the amount be paid on an earlier day.

Payment of allowance after death
  "653. (1) If:
  (a)  a newstart allowance is payable to a person; and
  (b)  the person dies; and
  (c)  at the date of the person's death the person had not received an amount
of newstart allowance payable to him or her; and
  (d)  another person applies to receive that amount; and
  (e)  the application is made:
    (i)  within 6 months after the death; or
    (ii) within a further period allowed by the Secretary in
special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's
opinion, is best entitled to it.
  "(2) Where the Secretary pays an amount of newstart allowance under
subsection (1), the Commonwealth has no further liability to any person in
respect of that amount of newstart allowance.

             "Division 6 - Protection of newstart allowance
Newstart allowance to be absolutely inalienable
  "654. (1) Subject to subsection (2) and section 1359, newstart allowance is
absolutely inalienable, whether by way of, or in consequence of, sale,
assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
  "(2) The Secretary may make deductions from the instalments of newstart
allowance payable to a person where the recipient asks the Secretary:
  (a)  to make the deductions; and
  (b)  to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or
allowance if requested by the Commissioner of Taxation (see section 1359).

Effect of garnishee or attachment order
  "655. (1) If:
  (a)  a person has an account with a financial institution; and
  (b)  instalments of newstart allowance payable to the person (whether on the
person's own behalf or not) are being paid to the credit of that account; and
  (c)  a court order in the nature of a garnishee order comes into force in
respect of the account;
the court order does not apply to the saved amount (if any) in the account.
  "(2) The saved amount is worked out as follows:
                      Method statement
Step 1. Work out the total amount of newstart allowance payable to the person
that has been paid to the credit of the account during the 4 week period
immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account
during the same 4 week period: the result is the saved amount.

  "(3) This section applies to an account whether it is maintained by a
person:
  (a)  alone; or
  (b)  jointly with another person; or
  (c)  in common with another person.

                  "Division 7 - Recipient obligations
Secretary may require recipient to give statement of partner's tax file
number
  "656. If:
  (a)  a newstart allowance recipient is a member of a couple; and
  (b)  the recipient's partner is in Australia;
the Secretary may require the recipient to give the Secretary a written
statement of the tax file number of the recipient's partner.
Note 1: for the consequences of a failure to comply with the requirement see
section 610.
Note 2: in some cases the requirement can be satisfied by giving the Secretary

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a declaration by the partner about the partner's tax file number and an
authority by the partner to the Commissioner of Taxation to give the Secretary
certain information relevant to the partner's tax file number: see subsections
610 (2) and (3).
Note 3: the Secretary can waive the requirement in some cases: see subsection
610 (4).

Secretary may require notice of the happening of an event or a change in
circumstances
  "657. (1) The Secretary may give a person to whom a newstart  allowance is
being paid a notice that requires the person to inform the Department if:
  (a)  a specified event or change of circumstances occurs; or
  (b)  the person becomes aware that a specified event or change of
circumstances is likely to occur.
  "(2) An event or change of circumstances is not to be specified in a notice
under subsection (1) unless the occurrence of the event or change of
circumstances might affect the payment of the allowance.
  "(3) A notice under subsection (1):
  (a)  must be in writing; and
  (b)  may be given personally or by post; and
  (c)  must specify how the person is to give the information to the
Department; and
  (d)  must specify the period within which the person is to give the
information to the Department; and
  (e)  must specify that the notice is given under this section.
  "(4) The period specified under paragraph (3) (d) must end at least 7 days
after:
  (a)  the day on which the event or change of circumstances occurs;  or
  (b)  the day on which the person becomes aware that the event or change of
circumstances is likely to occur.
  "(5) A person must not refuse or fail to comply with a notice under
subsection (1) to the extent that the person is capable of complying with the
notice.
 Penalty: $1,000 or imprisonment for 6 months, or both.
  "(6) A person must not, in purporting to comply with a notice under
subsection (1), knowingly or recklessly give information that is false or
misleading in a material particular.
 Penalty: $1,000 or imprisonment for 6 months, or both.
  "(7) This section extends to:
  (a)  acts, omissions, matters and things outside Australia whether or not in
a foreign country; and
  (b)  all persons irrespective of their nationality or citizenship.

Secretary may require recipient to give particular information relevant to
payment of newstart allowance
  "658. (1) The Secretary may give a person to whom a newstart allowance is
being paid a notice that requires the person to give the Department a
statement about a matter that might affect the payment of the allowance to the
person.
  "(2) A notice under subsection (1):
  (a)  must be in writing; and
  (b)  may be given personally or by post; and
  (c)  must specify how the statement is to be given to the Department; and
  (d)  must specify the period within which the person is to give the
statement to the Department; and
  (e)  must specify that the notice is given under this section.
  "(3) The period specified under paragraph (2) (d) must end at least 7 days
after the day on which the notice is given.
  "(4) A statement given in response to a notice under subsection (1) must be
in writing and in accordance with a form approved by the Secretary.
  "(5) A person must not refuse or fail to comply with a notice under
subsection (1) to the extent that the person is capable of complying with the
notice.
 Penalty: $1,000 or imprisonment for 6 months, or both.
  "(6) A person must not, in purporting to comply with a notice under
subsection (1), knowingly or recklessly give information that is false or
misleading in a material particular.
 Penalty: $1,000 or imprisonment for 6 months, or both.
  "(7) This section extends to:
  (a)  acts, omissions, matters and things outside Australia whether or not in
a foreign country; and
  (b)  all persons irrespective of their nationality or citizenship.

Self-incrimination
  "659. (1) A person is not excused from giving information pursuant to a
notice under section 657 or 658 on the ground that the information may tend to
incriminate the person.
  "(2) Information given by a person pursuant to a notice under section 657 or
658 is not admissible in evidence against the person in a criminal proceeding
other than a proceeding under, or arising out of, subsection 657 (5) or (6) or
658 (5) or (6).

           "Division 8 - Continuation, variation and termination
                     "Subdivision A - General

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Continuing effect of determination
Entitlement determination
  "660. (1) A determination that:
  (a)  a person's claim for a newstart allowance is to be granted; or
  (b)  a newstart allowance is payable to a person;
continues in effect until:
  (c)  the allowance ceases to be payable under section 660A, 660B, 660C or
660D; or
  (d)  a further determination in relation to the allowance under section 660I
has taken effect.
Note 1: for paragraph (a) see section 641.
Note 2: for paragraph (b) see section 660J - this paragraph is relevant where
the determination in question reverses an earlier cancellation or suspension.

Rate determination
  "(2) A determination of the rate of a newstart allowance continues in effect
until:
  (a)  the allowance becomes payable at a lower rate under section 660F; or
  (b)  a further determination in relation to the allowance under section 660G
or 660H has taken effect.

                 "Subdivision B - Automatic termination
Automatic termination - transfer to new payment type
  "660A. If:
  (a)  a person is receiving a newstart allowance; and
  (b)  a social security pension, another social security benefit or a service
pension becomes payable to the person;
the newstart allowance ceases to be payable to the person immediately before
the day on which the other pension or benefit becomes payable to the person.

Automatic termination - recipient complying with section 657 notification
obligations
  "660B. If:
  (a)  a person who is receiving a newstart allowance is given a notice under
section 657; and
  (b)  the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified period
(in this section called the `notification period'); and
  (c)  the event or change in circumstances occurs; and
  (d)  the person informs the Department of the occurrence of the event or
change in circumstances within the notification period in accordance with the
notice; and
  (e)  because of the occurrence of the event or change in circumstances:
    (i)  the person ceases to be qualified for the allowance;
or
    (ii)  the allowance would, but for this section, cease to
be  payable to the person;
the allowance continues to be payable to the person until the end of the
notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of
an event or change in circumstances that reduces the rate of the person's
allowance there is no automatic rate reduction and a determination under
section 660H must be made in order to bring the rate reduction into effect.

Automatic termination - recipient not complying with section 657 notification
obligations
  "660C. If:
  (a)  a person who is receiving a newstart allowance is given a notice under
section 657; and
  (b)  the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified period
(in this section called the `notification period'); and
  (c)  the event or change in circumstances occurs; and
  (d)  the person does not inform the Department of the occurrence of the
event or change in circumstances within the notification period in accordance
with the notice; and
  (e)  because of the occurrence of the event or the change in
circumstances:
    (i)  the person ceases to be qualified for the allowance;
or
    (ii)  the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately after the day on
which the event or change in circumstances occurs.
Automatic termination - failure to provide section 658 statement
  "660D. (1) If:
  (a)  a person who is receiving a newstart allowance is given a notice under
section 658 requiring the person to give the Department a statement; and
  (b)  the notice relates to the payment of that allowance in respect of a
period specified in the notice; and
  (c)  the person does not comply with the notice;
the allowance, subject to subsection (2), ceases to be payable to the person
as from the first day in that period.
  "(2) If the Secretary is satisfied that, in the special circumstances of the
case, it is appropriate to do so, the Secretary may determine in writing that

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subsection (1) does not apply to the person from a day specified in the
determination.
  "(3) The day specified under subsection (2) may be before or after the
making of the determination.
                 "Subdivision C - Automatic rate reduction
Automatic rate reduction - partner starting to receive pension or benefit
  "660E. If:
  (a)  a person is receiving newstart allowance; and
  (b)  the person's partner starts to receive:
    (i)  a social security pension or benefit; or
    (ii) a service pension; and
  (c)  the person's newstart allowance rate is reduced because of the
partner's receipt of that pension or benefit;
the newstart allowance becomes payable to the person at the reduced rate on
the day on which the partner starts to receive that pension or benefit.

Automatic rate reduction - recipient not complying with section 657
notification obligations
  "660F. If:
  (a)  a person who is receiving a newstart allowance is given a notice under
section 657; and
  (b)  the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified period
(in this section called the `notification period'); and
  (c)  the event or change in circumstances occurs; and
  (d)  the person does not inform the Department of the occurrence of the
event or change in circumstances within the notification period in accordance
with the notice; and
  (e)  because of the occurrence of the event or change in circumstances, the
person's rate of allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately
after the day on which the event or change in circumstances occurs.

                 "Subdivision D - Determinations
Rate increase determination
  "660G. If the Secretary is satisfied that the rate at which a newstart
allowance is being, or has been, paid is less than the rate provided for by
this Act, the Secretary is to determine that the rate is to be increased to
the rate specified in the determination.
Note: for the date of effect of a determination under this section see section
660K.

Rate reduction determination
  "660H. If the Secretary is satisfied that the rate at which a newstart
allowance is being, or has been, paid is more than the rate provided for by
this Act, the Secretary is to determine that the rate is to be reduced to the
rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an
automatic rate reduction is produced by section 660F (see subsection 660
(2)).
Note 2: for the date of effect of a determination under this section see
section 660L.

Cancellation or suspension determination
  "660I. If the Secretary is satisfied that a newstart allowance is being, or
has been, paid to a person to whom it is not, or was not, payable under this
Act, the Secretary is to determine that the allowance is to be cancelled or
suspended.
Note 1: a determination under this section is not necessary in a case where an
automatic termination is produced by section 660A, 660B, 660C or 660D (see
subsection 647 (1)).
Note 2: for the date of effect of a determination under this section see
section 660L.

Resumption of payment after cancellation or suspension
  "660J. (1) If the Secretary:
  (a)  cancels or suspends a person's newstart allowance under section 660I;
and
  (b)  reconsiders the decision to cancel or suspend; and
  (c)  becomes satisfied that:
    (i)  the decision to cancel or suspend was incorrect; and
    (ii) because of the decision to cancel or suspend:
       (A)  the person did not receive newstart allowance that
was payable to the person; or
       (B)  the person is not receiving newstart allowance that
is payable to the person;
the Secretary is to determine that newstart allowance was or is payable to the
person.
  "(2) The reconsideration referred to in paragraph (1) (b) might be a
reconsideration on an application under section 1240 for review or a
reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section
660K.

            "Subdivision E - Date of effect of determinations
Date of effect of favourable determination

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  "660K. (1) The day on which a determination under section 660G or 660J (in
this section called the `favourable determination') takes effect is worked out
in accordance with this section.
Notified decision - review sought within 3 months
  "(2) If:
  (a)  a decision (in this subsection called the `previous decision') is made
in relation to a newstart allowance; and
  (b)  a notice is given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
  (c)  the person applies to the Secretary under section 1240, within 3 months
after the notice is given, for review of the previous decision; and
  (d)  a favourable determination is made as a result of the application for
review; and
  (e)  subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took
effect.

Notified decision - review sought after 3 months
  "(3) If:
  (a)  a decision (in this subsection called the `previous decision') is made
in relation to a newstart allowance; and
  (b)  a notice is given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
  (c)  the person applies to the Secretary under section 1240, more than 3
months after the notice is given, for review of the previous decision; and
  (d)  a favourable determination is made as a result of the application for
review; and
  (e)  subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the
review.

Decision not notified
  "(4) If:
  (a)  a decision (in this subsection called the `previous decision') is made
in relation to a newstart allowance; and
  (b)  no notice is given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
  (c)  the person applies to the Secretary under section 1240, for review of
the previous decision; and
  (d)  a favourable determination is made as a result of the application for
review; and
  (e)  subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took
effect.
Notified change of circumstances
  "(5) If:
  (a)  the favourable determination is made following a person having advised
the Department of a change in circumstances; and
  (b)  the change is not a decrease in the rate of the person's maintenance
income;
the determination takes effect on the day on which the advice was received or
on the day on which the change occurred, whichever is the later.

Prescribed student child determination
  "(6) If:
  (a)  the favourable determination is made as a result of the Secretary
forming the opinion for the purposes of subsections 5 (12) and (13) that a
young person will not, or would not, receive payments under a prescribed
educational scheme; and
  (b)  the Secretary is notified that the young person has been refused
payment under a prescribed educational scheme within 28 days after the person
is notified of that refusal;
the determination takes effect on the day when the determination is made or on
such earlier or later day as is specified in the determination.
  "(7) If:
  (a)  the favourable determination is made because, under subsection 5 (13),
a young person is not qualified to receive a payment under a prescribed
educational scheme; and
  (b)  the young person, or another person, was previously in receipt of a
payment under a prescribed educational scheme in respect of that young person,
and the young person or other person has since ceased to receive that payment;
and
  (c)  the Secretary was notified, within 28 days after the payment ceased,
that it was no longer being received;
the determination takes effect on the day when the determination is made or
such earlier or later day as is specified in the determination.
  "(8) If:
  (a)  the favourable determination is made because, under paragraph 5 (12)
(c), a young person is not qualified to receive payments under any of the
prescribed educational schemes; and
  (b)  no applications have been made for payments in respect of that young
person under any of the prescribed educational schemes; and
  (c)  the Secretary is satisfied that it is reasonable for such applications

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not to be made; and
  (d)  the young person ceased to be a prescribed student child because of the
operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed
student child;
the determination takes effect on the day on which the young person became a
prescribed student child.

Other determinations
  "(9) In any other case, the favourable determination takes effect on the day
on which the determination was made or on such later day or earlier day (not
being a day more than 3 months before the determination was made) as is
specified in the determination.

Date of effect of adverse determination
General
  "660L. (1) The day on which a determination under section 660H or 660I (in
this section called the `adverse determination') takes effect is worked out in
accordance with this section.
Note: if the adverse determination depends on a discretion or opinion  and a
person affected by  the determination applies for review: the Secretary may
continue payment pending the outcome of the review (see section 1241 (internal
review) and section 1251 (review by Social Security Appeals Tribunal).
  "(2) The adverse determination takes effect on:
  (a)  the day on which the determination is made; or
  (b)  if another day is specified in the determination - on that day.
  "(3) Subject to subsections (4), (5) and (6), the day specified under
paragraph (2) (b) must be later than the day on which the determination is
made.

Contravention of Act
  "(4) If:
  (a)  the person whose allowance is affected by the adverse determination has
contravened a provision of this Act (other than section 658, 1304, 1305, 1306
or 1307); and
  (b)  the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which
the determination is made.

False statement or misrepresentation - suspension or cancellation
  "(5) If:
  (a)  a person has made a false statement or misrepresentation; and
  (b)  because of the false statement or misrepresentation, the allowance has
been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which
the determination is made. False statement or misrepresentation - rate
reduction
  "(6) If:
  (a)  a person has made a false statement or misrepresentation; and
  (b)  because of the false statement or misrepresentation, the rate at which
the allowance was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which
the determination is made.

    "Division 9 - Bereavement payments (death of dependent child)
Bereavement payments on death of dependent child
  "660M. If:
  (a)  a person is receiving a newstart allowance; and
  (b)  a dependent child of the person dies; and
  (c)  immediately before the child died, the person's newstart allowance rate
included:
    (i)  a dependent child add-on in respect of the child; or
    (ii) guardian allowance in respect of the child;
the person is qualified for payments under this Division to cover the
bereavement period.
Note 1: section 660N provides for newstart allowance to be paid to the person,
up to the first available bereavement adjustment payday, at the rate at which
it would have been paid if the child had not died but were disregarded for the
purposes of working out the person's income test free areas.
Note 2: section 660O provides for a lump sum to be paid to the person if the
person was receiving family allowance for the child and the first available
bereavement adjustment payday occurs before the end of the bereavement period:
the lump sum represents the difference, over the bereavement lump sum period,
between the person's new newstart allowance rate and the rate at which the
allowance would have been paid if the child had not died but were disregarded
for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Division are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance.

Continued payment of child-related amounts
  "660N. If a person is qualified for payments under this Division in relation
to the death of a dependent child, the person's newstart allowance rate during
the bereavement rate continuation period is to be calculated as if:
  (a)  the child had not died; and
  (b)  the child was disregarded in calculating the person's ordinary income

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free area and ordinary maintenance income free area.

Lump sum payable in some circumstances
  "660O. If:
  (a)  a person is qualified for payments under this Division in relation to
the death of a dependent child; and
  (b)  the first available bereavement adjustment payday occurs before the end
of the bereavement period; and
  (c)  the person was, immediately before the child died, receiving family
allowance for the child;
a lump sum (worked out using the lump sum calculator at the end of this
section) is payable to the person.
Note: if the person qualified for payments under this Division was not
receiving family allowance in respect of the dependent child and somebody else
was receiving family allowance in respect of the dependent child, a
corresponding lump sum may be payable to the other person under section 890.
                    LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
                      Method statement
Step 1.  Work out the amount of newstart allowance payable to the person
immediately before the first available bereavement adjustment payday: the
result is called the continued rate. Note: section 660N applies in working out
this amount because the payday on which it is payable is within the
bereavement rate continuation period.
Step 2.  Work out the amount of newstart allowance that would have been
payable to the person immediately before the first available bereavement
adjustment payday if the person's newstart allowance rate were not calculated
under section 660N: the result is called the new rate.
Step 3.  Take the new rate away from the continued rate: the result is called
the deceased child component.
Step 4.  Work out the number of paydays in the bereavement lump sum period.
Step 5.  Multiply the  deceased child component by the number of paydays in
the bereavement lump  sum period: the result is the amount of the lump sum
payable to the person under this section.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 8
Job search allowees over 18 or Newstart allowance


  8. Section 661 of the Principal Act is amended:
  (a)  by omitting subparagraphs (1) (c) (i) and (ii) and substituting the
following subparagraphs:
    "(i)   the person was receiving a job search or newstart
allowance; and
    (ii)  the person had been registered for at least 12 months
by the CES in an allowance category as being unemployed; and
    Note: for `allowance category' see subsection 23 (4A).".
  (b)  by omitting from paragraph (1) (d) "job search allowance, unemployment
benefit" and substituting "newstart allowance";
  (c)  by omitting from paragraph (2) (d) "unemployment benefit" (wherever
occurring) and substituting "newstart allowance";
  (d)  by inserting in sub-subparagraph (2) (d) (i) (B) "or Module C of
Benefit Rate Calculator B" after "Calculator A";
  (e)  by omitting subparagraph (2) (d) (ii) and substituting the following
subparagraph:
    "(ii)   the person had been registered for at least 12
months by the CES in an allowance category as being unemployed; and";
  (f)  by omitting from paragraph (2) (e) "unemployment benefit" and
substituting "newstart allowance";
  (g)  by omitting subsection (5).


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 9
Job search allowees under 18


  9. Section 663 of the Principal Act is amended:
  (a)  by omitting subparagraph (1) (c) (ii) and substituting the following
subparagraph:
    "(ii)   the person had been registered for at least 12
months by the CES in an allowance category as being unemployed; and
     Note: for `allowance category' see subsection 23 (4A).";
  (b)  by omitting from subparagraph (2) (c) (i) "unemployment benefit or job
search allowance" and substituting "a job search allowance or newstart
allowance";
  (c)  by omitting from sub-subparagraph (2) (c) (i) (A) "unemployment
benefit" and substituting "job search allowance or newstart allowance";
  (d)  by omitting subparagraph (2) (c) (ii) and substituting the following
subparagraph:
    "(i)   the person had been registered for at least 12
months by the CES in an allowance category as being unemployed; and";
  (e)  by omitting from paragraph (2) (d) "unemployment benefit or job search
allowance" and substituting "job search allowance or newstart allowance";
  (f)  by omitting from subsection (5) the definition of "qualified
beneficiary".".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 10
Qualification for sickness benefit


  10. Section 666 of the Principal Act is amended by omitting subsection (3)

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and the note to it and substituting the following subsection:
  "(3) A person is not qualified for a sickness benefit in respect of a period
if the person is qualified for a job search allowance under section 514, or a
newstart allowance under section 594, in respect of the period.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 11
Secretary may review decisions


  11. Section 1239 of the Principal Act is amended by omitting subsection (2)
and substituting the following subsection:
  "(2) Subsection (1) does not apply to a decision made by the Employment
Secretary:
  (a)  under subsection 23 (4A) (approval of registration category); or
  (b)  under section 28 (approval of voluntary organisations); or
  (c)  approving a course or labour market program; or
  (d)  exempting a person from the application of a provision.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 12
Application for review


  12. Section 1240 of the Principal Act is amended:
  (a)  by omitting paragraph (2) (b) and substituting the following
paragraph:
  "(b)  the Employment Secretary:
    (i)  under subsection 23 (4A) (approval of allowance
category); or
    (ii)  under section 28 (approval of voluntary
organisations); or
    (iii)  approving a course or labour market program; or
    (iv)  exempting a person from the application of a provision.";
  (b)  by inserting in subsection (3) ", subject to subsection (3A)," after
"and";
  (c)  by inserting after subsection (3) the following subsection:
 "(3A) Where a person applies under subsection (3) for the review of a
decision made by an officer of the Employment Department as a delegate of the
Secretary, the reference in that subsection to an authorised review officer is
taken to be a reference to an authorised review officer who is an officer of
that Department.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 13
Application of Part


  13. Section 1245 of the Principal Act is amended by omitting "including a
rate of return decision" and substituting:
  "including:
  (a)  a rate of return decision; and
  (b)  a decision under section 606 to the extent that it relates to the terms
of a Newstart Activity Agreement that is in force".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 14
Application requirement for certain decisions


  14. Section 1248 of the Principal Act is amended by adding at the end the
following subsection:
  "(2) The Social Security Appeals Tribunal may only review a decision under
section 606 (to the extent that it relates to the terms of a Newstart Activity
Agreement that is in force) where the application is expressed to be an
application for review of that decision.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 15
Non-reviewable decisions


  15. Section 1250 of the Principal Act is amended:
  (a)  by inserting before the paragraphs of subsection (1) the following
paragraph:
     "(aa) under subsection 23 (4A) (approval of allowance
category only); or";
  (b)  by inserting after subsection (1) (c) the following paragraph:
  "(ca)   under a provision dealing with the approval by the Employment
Secretary of a course or labour market program; or".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 16


  16. After section 1252 of the Principal Act the following section is
inserted:
Automatic payment if review of section 607 terms decision sought
  "1252A. (1) This section applies to a decision to give a notice under
section 607 because of a person's failure to agree to terms of a Newstart
Activity Agreement proposed by the CES (subparagraph 607 (b) (iii)).
Note: notice results in disqualification for Newstart Allowance for failure to
enter Newstart Activity Agreement.
  "(2) If:
  (a)  the Secretary makes a decision to which this section applies; and
  (b)  a person applies to the Social Security Appeals Tribunal under
subsection 1247 (1) for review of the decision; and
  (c)  the person makes the application within 14 days after being notified of
the decision;
the following provisions have effect:
  (d)  payment of the newstart allowance is to be made pending the
determination of the review, as if the Newstart Activity Agreement had not
been required;
  (e)  if payment of the allowance had ceased for a period before the person

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applied for the review - in spite of section 300, arrears of allowance are
payable to the person for the period;
  (f)  this Act (other than this Chapter) applies as if the Newstart Activity
Agreement had not been required.
  "(3) Subsection (2) ceases to have effect if:
  (a)  the application for review is withdrawn; or
  (b)  the review of the decision is determined.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 17
SSAT review powers (decisions other than rate of return decisions and Newstart
Activity Agreement decisions)


  17. Section 1253 of the Principal Act is amended:
  (a)  by omitting from subsection (1) "rate of return decision" and
substituting "decision referred to in subsection (7)";
  (b)  by adding at the end the following subsection:
     "(7) This section does not apply to:
  (a)  a rate of return decision; or
  (b)  a decision under section 606 to the extent that it relates to the terms
of a Newstart Activity Agreement that is in force.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 18


  18. After section 1254 of the Principal Act the following section is
inserted:
SSAT review powers (Newstart Activity Agreement decision)
  "1254A. If a person applies to the Social Security Appeals Tribunal (SSAT)
for review of a decision under section 606 to the extent that it relates to
the terms of a Newstart Activity Agreement that is in force, the SSAT must:
  (a)  affirm the decision; or
  (b)  set aside the decision and send the matter back to the Secretary for
reconsideration in accordance with any recommendations of the Tribunal.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 19
Date of effect of SSAT decisions (other than rate of return decisions and
Newstart Activity Agreement decisions)


  19. Section 1255 of the Principal Act is amended by omitting subsection (6)
and substituting the following subsection:
  "(6) This section does not apply to:
  (a)  a rate of return decision; or
  (b)  a decision under section 606 to the extent that it relates to the terms
of a Newstart Activity Agreement that is in force.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 20


  20. After section 1256 of the Principal Act the following section is
inserted:
Date of effect of SSAT decision (Newstart Activity Agreement decision)
  "1256A. (1) Subject to subsection (2), a decision by the Social Security
Appeals Tribunal (SSAT) comes into operation immediately on the giving of the
decision.
  "(2) The SSAT may specify in a decision that the decision is not to come
into operation until a later day specified in the decision and if it does so
the decision comes into operation on that later day.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 21


  21. After section 1298 of the Principal Act the following section is
inserted:
The Secretary and the Employment Secretary may agree on administrative
arrangements
  "1298A. The Secretary and the Employment Secretary may agree on
administrative arrangements to further the objectives of Parts 2.11 and 2.12
which may be arrangements under which officers of the Employment Department
perform duties, or exercise powers or functions, under or in relation to those
Parts.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 22
Delegation


  22. Section 1299 of the Principal Act is amended:
  (a) by omitting "The" and substituting "Subject to subsections (2) and (3),
the";
  (b) by adding at the end the following subsections:
 "(2) The Secretary cannot delegate the Secretary's powers under paragraph
1314 (1) (b) (disclosure of information).
 "(3) With regard to the powers of the Secretary under:
  (a)  section 518 (move to area of lower employment prospects); and
  (b)  section 597 (move to area of lower employment prospects); and
  (c)  Subdivisions B and C of Division 1 of Part 2.12 (activity testing for
newstart allowance and Newstart Activity Agreement);
the Secretary:
  (e)  must delegate the powers to officers nominated by the Employment
Secretary; and
  (f)  cannot delegate those powers to any other officers.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 23
Authorised review officers


  23. Section 1301 of the Principal Act is amended:
  (a) by omitting from subsection (1) "The" and substituting "Subject to
subsection (1A), the";
  (b) by inserting after subsection (1) the following subsection:

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 "(1A) The only officers who may be authorised to perform duties as authorised
review officers for the purposes of:
  (a)  section 518 (move to area of lower employment prospects); and
  (b)  section 597 (move to area of lower employment prospects); and
  (c)  Subdivisions B and C of Division 1 of Part 2.12 (activity testing for
newstart allowance and Newstart Activity Agreement);
are officers nominated by the Employment Secretary.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 24
Annual Report


  24. Section 1303 of the Principal Act is amended by adding at the end the
following subsection:
  "(3) Where the Employment Secretary prepares a report on the operation of
the CES during a year for giving to a Minister who is required to lay the
report before each House of the Parliament, the report must include
information about the activities of officers of the Employment Department in
relation to activity tests and Newstart Activity Agreements under this Act.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 25
Appropriation


  25. Section 1363 of the Principal Act is amended:
  (a) by omitting "Payments" and substituting "Subject to subsection (2),
payments";
  (b) by adding at the end the following subsection:
 "(2) The following payments:
  (a) payments to persons entitled to a job search training supplement under
section 560 of job search allowances (including that supplement);
  (b) payments to persons entitled to a newstart training supplement under
section 644 of newstart allowances (including that supplement);
are to be made out of money appropriated by the Parliament:
  (c) for the purpose of those payments; or
  (d) for the purpose of the allowance known as the Formal Training
Allowance.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 26
Consequential amendments


  26. The Principal Act is amended as set out in the Schedule.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 27
Transitional - allowances


  27. (1) In this section:
"old benefit" means:
  (a) an unemployment benefit; or
  (b) a job search allowance;
under the Social Security Act 1947 and, in the case of subsections (4) and
(7), includes a training allowance;
"training allowance" means the allowance formerly paid by the Department of
Employment, Education and Training and known as the Formal Training
Allowance.
  (2) Subject to subsection (5), if, but for this Act, a person would have
been entitled to a job search allowance under the Principal Act in respect of
1 July 1991, the person is, on that day, entitled to a job search allowance
under the Principal Act as amended by this Act.
  (3) Subject to subsection (5), if:
  (a) but for this Act, a person would have been entitled to an unemployment
benefit under the Principal Act in respect of 1 July 1991; and
  (b) on that day, the person had not been in receipt of an old benefit or old
benefits for longer than 12 months;
the person is, on that day, entitled to a job search allowance under the
Principal Act as amended by this Act.
  (4) Subject to subsection (5), if:
  (a) but for the abolition of the training allowance, a person would have
been entitled to that allowance on 1 July 1991; and
  (b) on that day the person had not been in receipt of an old benefit or old
benefits for longer than 12 months;
the person is, on that day, entitled to a job search allowance under the
Principal Act as amended by this Act.
  (5) If:
  (a) but for this subsection, a person would, under subsection (2), (3) or
(4), have been entitled, on 1 July 1991, to a job search allowance under the
Principal Act as amended by this Act; and
  (b) before 26 July 1991:
    (i)  the person will have turned 18; and
    (ii) the anniversary of the start of the period for which the
person had been in receipt of an old benefit or old benefits immediately
before 1 July 1991 will have occurred;
the person is, on 1 July 1991, entitled to a newstart allowance under the
Principal Act as amended by this Act.
  (6) If:
  (a) but for this Act, a person would have been entitled to an unemployment
benefit under the Principal Act in respect of 1 July 1991; and
  (b) on that day the person had been in receipt of an old benefit or old
benefits for longer than 12 months;
the person is on that day entitled to a newstart allowance under the Principal

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Act as amended by this Act.
  (7) If:
  (a) but for the abolition of the training allowance, a person would have
been entitled to that allowance on 1 July 1991; and
  (b)  on that day, the person had been in  receipt of an old benefit or old
benefits for longer than 12 months;
the person is, on that day, entitled to a newstart allowance under the
Principal Act as amended by this Act.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 28
Transitional - no payment under repealed Parts


  28. A person is not entitled to any payment in respect of 1 July 1991  of
unemployment benefit or job search allowance under the Principal Act.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 29
Transitional - delegation


  29. Subsection 1299 (3) does not apply to a delegation in relation to a
person who was receiving unemployment benefit under the Principal Act on 30
June 1991 until the person enters into a Newstart Activity Agreement.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - PART 3
         PART 3 - AMENDMENT OF THE HEALTH INSURANCE ACT 1973




SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 30
Principal Act


  30. In this Act, "Principal Act" means the Health Insurance Act 1973.*2*
*2* No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos.
59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos.
53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112,
1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos 24,
65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; Nos. 44, 131, 132 and 141,
1987; Nos. 85, 87, 99 and 155, 1988; No. 95, 1989; Nos. 3 and 119, 1990; and
Nos. 6 and 57, 1991.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 31
Interpretation


  31. Section 3 of the Principal Act is amended by inserting after subsection
(1A) the following subsections:
  "(1AA) A reference in this Act to a job search allowance is a reference to a
job search allowance under the Social Security Act 1991 being paid to a person
who has not turned 18.
  "(1AAA) A reference in this Act to an unemployment benefit is a reference
to:
  (a)  a job search allowance under the Social Security Act 1991 being paid to
a person who has turned 18; or
  (b)  a newstart allowance under that Act.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - PART 4
          PART 4 - AMENDMENT OF THE NATIONAL HEALTH ACT 1953




SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 32
Principal Act


  32. In this Part, "Principal Act" means the National Health Act 1953.*3*
*3* No. 95, 1953, as amended. For previous amendments, see No. 68, 1955; Nos.
55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No.
82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966;
Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85,
1971; No. 114, 1972; Nos. 49 and 202, 1973; Nos. 1, 13 and 93, 1975; Nos. 1,
60, 91, 99, 108 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and
189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 92,
118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983;
Nos. 46, 63, 72, 120, 135 and 165, 1984; Nos. 24, 53, 65, 70, 95, 127 and 167,
1985; Nos. 28, 75, 94 and 115, 1986; Nos. 22, 44, 72, 118, 131 and 132, 1987;
Nos. 79, 87, 99 and 155, 1988; No. 95, 1989; Nos. 3 and 119, 1990; and No. 6,
1991.


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SECT 33
Interpretation


  33. Section 4 of the Principal Act is amended by inserting after subsection
(1A) the following subsections:
  "(1AAA) A reference in this Act to a job search allowance is a reference to
a job search allowance under the Social Security Act 1991 being paid to a
person who has not turned 18.
  "(1AAB) A reference in this Act to an unemployment benefit is a reference
to:
  (a)  a job search allowance under the Social Security Act 1991 being paid to
a person who has turned 18; or
  (b)  a newstart allowance under that Act.".


SOCIAL SECURITY (JOB SEARCH AND NEWSTART) AMENDMENT ACT 1991 No. 68, 1991 - SCHEDULE


                            SCHEDULE                         Section 26
       CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
                              PART 1
Section 3:
  Omit:
  (a)  "UB automatic deferment provision             23 (1)
       UB discretionary deferment provision          23 (1)".
  (b)  Insert in their respective appropriate alphabetical
positions determined on a letter-by-letter basis:

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   "allowance category                               23 (14A)
    automatic deferment provision                    23 (1)
    Employment Department                            23 (1)
    Employment Secretary                             23 (1)
    family member                                    5A
    liquid assets                                    14A
    maximum reserve                                  14A
    Newstart Activity Agreement                      604
    NS automatic deferment provision                 23 (1)
    NS discretionary deferment provision             23 (1)".

Paragraph 5 (10) (c):
  Omit "unemployment benefit", substitute "newstart allowance,".

Paragraph 15 (2) (c):
  Omit the paragraph.

Subsection 15 (2) (Note):
  Omit "sections 519, 522 to 527 and 597 and 598",
substitute "section 524".

Subsection 23 (1) (definition of "education leavers waiting period"):
  (a) Omit paragraph (a), substitute:
  "(a)   a newstart allowance education leavers waiting
period under section 622; or".
  (b) Omit "612 and 613", substitute "540 and 541".

Subsection 23 (1) (definition of "ordinary waiting period"):
  (a) Omit paragraph (a), substitute:
  "(a)   a newstart allowance ordinary waiting period under
sections 620 and 621; or".
  (b) Omit "610 and 611", substitute "538 and 539".

Subsection 23 (1) (definition of "social security benefit"):
  Omit paragraph (a), substitute:
  "(a)   newstart allowance; or".

Subsection 23 (1) (definitions of "UB automatic deferment
provision" and "UB discretionary deferment provision"):
  Omit the definitions.

Subsection 23 (1) (definition of "unused annual leave
waiting period"):
  (a)  Omit paragraph (a), substitute:
  "(a)   a newstart allowance unused annual leave waiting
period under sections 617 to 619; or".
  (b)  Omit "607 to 609", substitute "535 to 537".

Subsection 23 (1) (definition of "waiting period"):
  (a)  Omit paragraphs (a), (b) and (c), substitute:
  "(a)   newstart allowance unused annual leave waiting
period under sections 617 to 619; or
  (b)  newstart allowance ordinary waiting period under
sections 620 and 621; or
  (c)  newstart allowance education leavers waiting period in
sections 622 and 623; or".
  (b)  Omit "607 to 609", substitute "535 to 537".
  (c)  Omit "610 and 611", substitute "538 and 539".
  (d)  Omit "612 and 613", substitute "540 and 541".

Subsection 23 (10):
  Omit "(unemployment benefit), Part 2.12 (job search
allowance)", substitute "(job search allowance), Part 2.12
(newstart allowance)".

Section 26:
  Repeal the section.

Section 27:
  Repeal the section.

Section 28:
  (a)  Omit "National Director of the CES", substitute
"Employment Secretary".
  (b)  Omit "523, 526 and 598", substitute "sections 524
and 525".

Section 461 (Note 4):
  Omit all words from and including "For example".

Subparagraph 666 (1) (c) (ii):
  Omit "unemployment benefit or job search allowance",
substitute "job search allowance or newstart allowance".

Paragraph 669 (1) (c):
  Omit the paragraph, substitute:
  "(c)   the person is qualified for a job search allowance
or a newstart allowance in respect of the period (see
sections 514 and 594); or".

Subsection 671 (3) (Note 4):
  Omit "unemployment benefit", substitute "newstart
allowance".

Section 673 (Note):
  (a)  After "who" insert "has not turned 18".
  (b)  Omit "589 (2)", substitute "514 (2)".

Paragraph 682 (a):

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  After "person" insert "who has not turned 18".

Paragraph 684 (2) (b):
  Omit "unemployment benefit, job search allowance",
substitute "job search allowance, newstart allowance".

Paragraph 685 (6) (b):
  Omit "unemployment benefit job search allowance",
substitute "job search allowance, newstart allowance".
Section 699:
  Omit "unemployment benefit" (wherever occurring),
substitute "newstart allowance".

Paragraphs 729 (2) (c) and (d):
  Omit the paragraphs, substitute the following:
  "(c)   the person is not disqualified for a job search
allowance or newstart allowance for the period solely because
of the operation of one or more of the following:
  (i)  subparagraph 513 (c) (iv) or 593 (g) (iv) (is not
registered as being unemployed by the CES);
  (ii)  section 517 or 596 (unemployment due to industrial
action);
  (iii)  section 518 or 597 (move to area of lower employment
prospects); and
  (d)  in a case where the person is qualified for a job
search allowance or newstart allowance but the allowance is
not payable to the person for the period - that result is not
produced solely by the operation of one or more of the
following:
  (i)  subsection 543 (3) or 627 (3) (person failing to
comply with Secretary's requirements);
  (ii)  section 544 or 628 (unemployment due to voluntary
act);
  (iii)  section 545 or 629 (unemployment due to misconduct);
  (iv)  section 546 or 630 (refusal of job offer);
  (v)  section 547 or 631 (person failing to comply with
notification requirement);
  (vi)  section 548 or 632 (person failing to continue CES
registration);
  (vii)  section 549 or 633 (seasonal workers);
  (viii)  section 550 or 634 (move to area of lower
employment prospects); and".

Subsection 729 (4):
  (a)  Omit "unemployment benefit or job search allowance",
substitute "job search allowance or newstart allowance".
  (b)  Omit "benefit or" wherever occurring.

Subsection 746 (2):
  Omit "unemployment benefit or job search allowance"
(wherever occurring), substitute "job search allowance or
newstart allowance".

Paragraph 769 (c):
  Omit "receiving unemployment benefit", substitute:
  "receiving:
  (i)  in the case of a person who has turned 18 - job search
allowance; or
  (ii)  newstart allowance;
immediately".

Section 770:
  Omit "unemployment benefit or job search allowance"
(wherever occurring), substitute "job search allowance or
newstart allowance".

Subsection 771 (3):
  Omit "unemployment benefit or job search allowance",
substitute "job search allowance or newstart allowance".

Paragraph 1067 (1) (a):
  After "allowance" insert "of a person who has not turned
18".

Point 1067-A3:
  Omit "514 (unemployment benefit) and 540 (job search
allowance)", substitute "517 (job search allowance) and 596
(newstart allowance)".

Paragraph 1067-A4 (b):
  Omit "UB", substitute "NS".

Paragraph 1067-F5 (b):
  Omit "job search allowance or sickness benefit",
substitute "sickness benefit or, in the case of a person who
has not turned 18, job search allowance".

Paragraph 1067-F12 (b):
  Omit "an unemployment benefit, job search allowance",
substitute "a job search allowance, newstart allowance".

Paragraph 1067-H4 (b)
  Omit "subsection 589 (2)",
substitute "section 514".

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Paragraph 1068 (1) (a):
  Omit the paragraph, substitute:
  "(a)   job search allowance for a person who has turned 18;
or
  (aa)  newstart allowance; or".

Point 1068-A3:
  Omit "514 (unemployment benefit) and 590 (job search
allowance)", substitute "517 (job search allowance) and 596
(newstart allowance)".

Paragraph 1068-A4 (a):
  Omit "UB" wherever occurring, substitute "NS".

Paragraph 1068-F7 (c):
  Omit "unemployment benefit or sickness benefit",
substitute "sickness benefit, newstart allowance or, in the
case of a person who has turned 18, job search allowance".

Point 1068-F16:
  Omit "unemployment benefit", substitute "newstart
allowance or, in the case of a person who has turned 18, job
search allowance".

Sections 1112 and 1128:
  Omit "unemployment benefit, job search allowance",
substitute "job search allowance, newstart allowance".

Subsection 1131 (2):
  Omit "unemployment benefit", substitute "newstart
allowance or, if the person has turned 18, job search
allowance".

Section 1160:
  Omit "Unemployment benefit, job search allowance",
substitute "Job search allowance, newstart allowance".

Paragraph 1161 (1) (b):
  Omit "unemployment benefit, job search allowance",
substitute "job search allowance, newstart allowance".

Subsection 1168 (3) (Example 2) and subsection 1170 (4)
(Example 2):
  Omit "unemployment benefit", substitute "newstart
allowance".
Subparagraphs 1187 (1) (b) (i), 1187 (3) (c) (i) and 1223 (2)
(a) (i):
  Omit the subparagraph, substitute:
  "(i)   newstart allowance; or".

Paragraph 1250 (1) (b):
  Omit the paragraph.

Paragraph 1250 (1) (c):
  Omit "UB and".

Subsection 1253 (4):
  Omit "(4)", substitute "(3)".

Paragraph 1253 (4) (b):
  Omit the paragraph.

Paragraph 1253 (4) (c):
  Omit "UB and".

Paragraphs 1308 (1) (a) and (b):
  Omit the paragraphs.

Subsection 1308 (1) (Note):
  Omit Note to and including "are", substitute "section
670 (sickness benefit) provides that sickness benefit is".

Paragraphs 1308 (2) (a) and (b):
  Omit the paragraphs.

Subparagraphs 1308 (3) (a) (i) and (ii):
  Omit the subparagraphs.

Section 1311 (Note):
  Omit "unemployment benefit, job search allowance",
substitute "job search allowance, newstart allowance".

                        PART 2
Subparagraph 666 (1) (c) (ii), sections 746 and 770,
subsection 771 (3):
  Omit "unemployment benefit or job search allowance"
(wherever occurring), substitute "job search allowance or newstart
allowance".

                         PART 3
Subsection 729 (4), paragraph 1067-A2 (b), point 1067-B1
(Note 3), point 1067-C1 (Note), point 1067-E5 (Note),
paragraph 1068-A2 (b), point 1068-B1 (Note 3), point 1068-C1
(Note), point 1068-E5 (Note):
  Omit "an unemployment benefit or job search allowance" (wherever occurring),
substitute "a job search allowance or newstart allowance".

      NOTE ABOUT HEADINGS IN THE SOCIAL SECURITY ACT 1991
  On the day on which Part 2 commences, the following headings in the Social
Security Act 1991 are amended as shown:
Heading to section 15:
  Omit "UB and JS work", substitute "JSA and NS activity".
Heading to section 16:
  Omit "UB and JS", substitute "JS and NS".
Heading to section 28:
  Omit "UB and JSA work", substitute "JS activity".
Heading to section 699:
  Omit "unemployment benefit", substitute "newstart allowance".
Heading to section 1067:
  After "allowance" insert "(under 18)".
Heading to section 1068:
  Omit "unemployment", substitute "job search allowance (over 18) and newstart
allowance".
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