Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 42Q

             (1)  The Secretary may end a person's serious failure period if:

                     (a)  the person begins to comply with a serious failure requirement imposed on the person; or

                     (b)  the Secretary determines that:

                              (i)  the person does not have the capacity to undertake any serious failure requirement; and

                             (ii)  serving the serious failure period would cause the person to be in severe financial hardship.

Note:          For in severe financial hardship see subsection 14A(7) of the 1991 Act.

          (1A)  The Secretary may make a determination under paragraph (1)(b) on request or on his or her own initiative.

             (2)  The person's serious failure period ends on:

                     (a)  if paragraph (1)(a) applies--the day before the person begins to comply with the requirement; or

                     (b)  if the Secretary makes a determination under paragraph (1)(b) on request--the day before the request was made; or

                     (c)  if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative--the day before the Secretary makes the determination.

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

             (3)  Section 42NC does not affect the operation of this section.