SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 666 Qualification for sickness benefit

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 666

666. (1) A person is qualified for a sickness benefit in respect of a period
if:

   (a)  the person satisfies the Secretary that the person was, or is likely
        to be, incapacitated for work throughout the period because of
        sickness or an accident; and

   (b)  the incapacity for work is, or is likely to be, of a temporary nature;
        and

   (c)  either:

   (i)  the person satisfies the Secretary that the person has suffered, or is
        likely to suffer, a loss of salary, wages or other income of a similar
        nature because of the incapacity for work; or

   (ii) the person satisfies the Secretary that, if the person were not
        incapacitated for work, the person would have been, or would be likely
        to be, qualified for unemployment benefit or job search allowance
        in respect of the period; or

   (iii) the person was receiving, or is likely to be receiving, an invalid
        pension, a sheltered employment allowance or a transferred
        rehabilitation allowance, immediately before the beginning of the
        period; and

   (d)  before the period began or begins the person has turned, or is likely
        to turn, 16; and

   (e)  before the period ended or ends the person has not turned, or is not
        likely to turn pension age; and

   (f)  the person was, or is likely to be, an Australian resident throughout
        the period; and

   (g)  the person was, or is likely to be, in Australia throughout the
        period. Note 1: see section 669 for the circumstances in which
        sickness benefit is not payable to a person even though the person is
        qualified for the benefit.
Note 2: for "loss of income" see section 668.
Note 3: for "pension age" see section 23.

(2) A person is not qualified for a sickness benefit in respect of an
incapacity if the Secretary is satisfied that the incapacity is brought about
with the purpose of obtaining a sickness benefit.

(3) A person is not qualified for a sickness benefit if immediately before the
person became incapacitated for work, the person was receiving a job search
allowance. Note: subsection 589 (2) provides that a person who becomes
qualified for a sickness benefit while the person is receiving a job search
allowance continues to be qualified for the job search allowance
notwithstanding that the person is incapacitated for work.