Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 729

729. (1) A person is qualified for a special benefit for a period if the
Secretary determines, in accordance with subsection (2), that a special
benefit should be granted to the person for the period. Note: special benefit
is a discretionary benefit and is available only to a person who is not able
to get any other income support payment (see paragraphs (2) (a) and (b)
below).

(2) The Secretary may, in his or her discretion, determine that a special
benefit should be granted to a person for a period if:

   (a)  no social security pension is payable to the person during the period;
        and

   (b)  no other social security benefit is payable to the person for the
        period; and

   (c)  the person is not disqualified for an unemployment benefit or a job
        search allowance for the period solely because of the operation of one
        or more of the following:

   (i)  subparagraph 513 (b) (iv) or 589 (1) (b) (iv) (is not registered as
        being unemployed by the CES);

   (ii) section 514 or 590 (unemployment due to industrial action);

   (iii) section 515 or 591 (moving to area of lower employment); and

   (d)  in a case where the person is qualified for an unemployment benefit or
        a job search allowance but the benefit or allowance is not payable to
        the person for the period - that result is not produced solely by the
        operation of one or more of the following:

   (i)  subsection 543 (3) or 614 (3) (person failing to comply with
        Secretary's requirements);

   (ii) section 544 or 615 (unemployment due to voluntary act);

   (iii) section 545 or 616 (unemployment due to misconduct);

   (iv) section 546 or 617 (refusal of job offer);

   (v)  section 547 or 618 (person not taking reasonable steps to find work);

   (vi) section 549 or 620 (person failing to continue CES registration);

   (vii) section 550 or 621 (seasonal workers);

   (viii) section 551 or 622 (move to area of lower employment); and

   (e)  the Secretary is satisfied that the person is unable to earn a
        sufficient livelihood for the person and the person's dependants (if
        any) because of age, physical or mental disability or domestic
        circumstances or for any other reason; and

   (f)  the person is a resident of Australia and in Australia throughout the
        period; and

   (g)  the person is not, at any time during the period, an illegal entrant
        within the meaning of the Migration Act 1958.
Note: paragraph (2) (f) requires only that the person is a "resident of
Australia" and in Australia throughout the period and does not require the
person to be an "Australian resident" as defined in subsection 7 (2).

(3) The Secretary is not to determine that a special benefit should be granted
to a person for a period if the Secretary is satisfied that the benefit is
not payable to the person for that period.

(4) For the purposes of paragraph (2) (d), an unemployment benefit or job
search allowance is to be taken to be not payable to a person for a period
because of the operation of a provision if:

   (a)  the person has claimed the benefit or allowance for the period and the
        benefit is not payable to the person because of the operation of the
        provision; or

   (b)  were the person to claim the benefit or allowance for the period the
        benefit would not be payable to the person because of the operation of
        the provision.