SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 42Q Ending serious failure periods

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.