SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 95C Social security payment--suspension instead of cancellation under section 93 or 94

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 95C

  (1)   If:

  (a)   a person ceases to be qualified for a social security payment or a social security payment ceases to be payable to a person; and

  (b)   the Secretary is satisfied that the cessation is because the person is employed by a Youth Bonus wage subsidy employer;

then the Secretary may determine:

  (c)   that the person's social security payment is suspended and that the suspension takes effect on the day of the cessation; and

  (d)   that section   93 or 94 is taken not to apply or not to have applied, as the case requires, to the person's social security payment in relation to the cessation.

Note:   For Youth Bonus wage subsidy employer , see subsection   (4).

  (2)   Subject to subsection   (3), if:

  (a)   the suspension is in effect at the end of the period of 26 weeks beginning on the day the suspension takes effect; and

  (b)   at the end of that 26 - week period, the person is not qualified for the social security payment or the social security payment is not payable to the person;

then the person's social security payment is cancelled, by force of this subsection, on the day after the end of that 26 - week period.

  (3)   If:

  (a)   before the end of the period of 26 weeks beginning on the day the suspension takes effect and while the suspension is in effect, the person ceases to be employed by a Youth Bonus wage subsidy employer; and

  (b)   the Secretary determines that the cessation is:

  (i)   as a result (whether direct or indirect) of a voluntary act of the person that was not reasonable; or

  (ii)   as a result of the person's misconduct as an employee;

then the person's social security payment is taken to have been cancelled, by force of this subsection, on the day of the cessation.

Note:   If the Secretary does not make a determination as mentioned in paragraph   (b), then the social security payment may again become payable to the person (without the need for a further claim) if the requirements in section   85 are satisfied.

  (4)   In this section:

"Youth Bonus wage subsidy employer" , in relation to a person, means an employer that is eligible to receive a Youth Bonus wage subsidy in respect of the person under the program established by the Commonwealth and known as "Youth Jobs PaTH".