Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1188B

             (1)  A person is, or is taken to have been, a CDEP Scheme participant in respect of a particular day (the relevant day ) on or after 20 March 1999 if:

                     (a)  the person's name appeared on the latest CDEP Scheme Participant Schedule, approved on or before the relevant day, and there is no certificate in force, given, after the approval of that Schedule, by an authorised officer stating that the person ceased on or before the relevant day to be a person participating in the CDEP Scheme; or

                     (b)  the person's name did not appear on that Schedule but a certificate is in force, given, after the approval of that Schedule, by an authorised officer stating that the person began to participate in the CDEP Scheme on or before the relevant day and there is no certificate in force, given, after the issue of the first‑mentioned certificate, by an authorised officer stating that the person ceased on or before the relevant day to participate in the CDEP Scheme.

             (2)  Subsection (1) does not apply in relation to a person in respect of a particular day if the Secretary believes, on reasonable grounds, that, on that day:

                     (a)  the person was no longer participating in the program constituted by the CDEP Scheme; or

                     (b)  the person was sick or incapacitated and was not receiving sickness benefits under the CDEP Scheme.

          (2A)  Without limiting persons who are not CDEP Scheme participants, a person who is undertaking an activity approved by the Secretary under section 1188BA as a Northern Territory CDEP transitional activity is not a CDEP Scheme participant .

             (3)  In this section:

"authorised officer" , in relation to a certificate, means a person authorised by the Secretary of the Department whose Minister is responsible for administration of the CDEP Scheme to give such a certificate.

"CDEP Scheme Participant Schedule" means a schedule of the names of people participating in the CDEP Scheme that has been approved by the Secretary of the Department whose Minister is responsible for administration of the CDEP Scheme for the purposes of that Scheme.

"relevant day" has the meaning given by subsection (1).