Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 4) 1991 No. 194, 1991 - SECT 66

66. Section 593 of the Principal Act is amended by adding at the end the
following subsection:

"(2) Subject to section 594, a person is qualified for a newstart allowance in
respect of a period if:

   (a)  the person is a financial hardship farmer throughout the period; and

   (b)  the Secretary is satisfied that this subsection should apply to the
        person; and

   (c)  at all times (if any) during the period when the person is not a party
        to a Newstart Activity Agreement, the person is prepared to enter into
        such an agreement; and

   (d)  at all times during the period when the person is a party to a
        Newstart Activity Agreement, the person is prepared to enter into
        another such agreement instead of the existing agreement; and

   (e)  when the person is required by the Secretary to enter into a Newstart
        Activity Agreement in relation to the period, the person enters into
        that agreement; and

   (f)  while the agreement is in force, the person satisfies the Secretary
        that the person is taking reasonable steps to comply with the terms of
        the agreement; and

   (g)  throughout the period, the person:

   (i)  is at least 18 and has not reached the pension age; and

   (ii) is an Australian resident; and

   (iii) is in Australia; and

   (iv) is registered by the CES in an allowance category as being unemployed;
        and

   (h)  throughout the period the person has been registered as required by
        subparagraph (g)(iv) for longer than 12 months; and

   (i)  the person was not in receipt of a job search allowance during the
        period. Note 1: for `financial hardship farmer' see subsection 23(1).
        Note 2: for Newstart Activity Agreement see sections 604 to 607. Note
        3: `CES' means Commonwealth Employment Service (see section 23). Note
        4: for `pension age' see section 23. Note 5: for `Australian resident'
        see section 7. Note 6: for `allowance category' see subsection 23(4A).
        Note 7: where circumstances beyond a person's control prevent the
        person from being registered at the CES, this requirement may be
        waived (see section 599). Note 8: a person unregistered for up to 13
        weeks may be taken to be registered (see section 599). Note 9: a
        person could be in receipt of a job search allowance during a period
        for which the person would qualify for a newstart allowance, if
        paragraph (i) were disregarded, because of section 515 (extension of
        job search allowance to end of pay period) or because of differences
        in calculating 12 months registration under subsections 520(3) and
        599(3). Note 10: a newstart allowance is not payable in certain
        situations even if the person is qualified (see Subdivisions C, D, E
        and F). Note 11: a newstart allowance may continue to be paid during
        incapacity (see section 594).".