Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 553B

Move to area of lower employment prospects

             (1)  Subject to subsection (1B), if the Secretary considers that a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, the person is subject to an employment-related exclusion for a period of 26 weeks.

          (1A)  Subsection (1) extends to a person who makes a claim for youth allowance on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.

          (1B)  If a person who is subject to an employment-related exclusion under subsection (1) (including that subsection as it applies by subsection (1A)) does either of the following during the period of the exclusion:

                     (a)  moves back to the place of residence (the original place of residence ) the movement from which made him or her subject to the exclusion;

                     (b)  moves to another place of residence a movement to which from the original place of residence would not have made him or her subject to the exclusion;

the period of the exclusion ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.

Exemption for person undertaking specified activity

             (2)  Subsection (1) does not apply to a person who:

                     (a)  is undertaking an activity specified in an instrument made under subsection (2A); and

                     (b)  has been exempted from the application of subsection (1) by the Secretary.

          (2A)  The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).

Sufficient reason for moving

             (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)  is receiving youth allowance at the rate that applies to a person who:

                              (i)  is not independent; and

                             (ii)  lives at home;

                            and moves to accompany his or her parents who wish to establish, or have established, a place of residence; or

                     (d)  satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a disease or illness suffered by the person or by a family member; or

                     (e)  satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).

Note 1:       For independent see section 1067A.

Note 2:       For parent see subsection 5(1), paragraph (b) of the definition of parent .

Note 3:       For family member see subsection 23(1).

Secretary may determine when period begins

             (4)  The Secretary may determine in writing the day on which the period referred to in subsection (1) begins. The day may be before the day of the determination.

Living away from home

             (5)  A person lives away from home for the purposes of this section if he or she lives away from home for the purposes of Part 3.5.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback