Social Services Legislation Amendment (Welfare Reform) Act 2018 (26 of 2018)

Schedule 1   Creation of the jobseeker payment

Part 1   Main amendments

Veterans' Entitlements Act 1986

342   Transitional provisions - jobseeker payment

(1) If a notice, determination or other instrument relating to newstart allowance that was made or given under the Social Security Act 1991 or the Social Security (Administration) Act 1999 was in force immediately before the commencement of this item, that notice, determination or other instrument continues in force, subject to those Acts, on and after that commencement as if it were made or given in relation to jobseeker payment.

(2) If:

(a) a person lodged a claim under the Social Security (Administration) Act 1999 for newstart allowance before the commencement of this item; and

(b) the claim was not determined before that commencement;

the claim has effect on and after that commencement as if it were:

(c) a claim for newstart allowance in respect of days occurring before that commencement; and

(d) a claim for jobseeker payment in respect of days occurring on or after that commencement.

(3) If, immediately before the commencement of this item, a person was subject to one of the following periods in relation to newstart allowance, then, on and after that commencement, the person is taken to be subject to that period in relation to jobseeker payment:

(a) a liquid assets test waiting period;

(b) an ordinary waiting period;

(c) a newly arrived resident's waiting period;

(d) a seasonal work preclusion period;

(e) a lump sum preclusion period under Division 3 of Part 3.14 of the Social Security Act 1991;

(f) an income maintenance period.

(4) If a Newstart Employment Pathway Plan was in force in relation to a person immediately before the commencement of this item, the plan has effect on and after that commencement as if it were a Jobseeker Employment Pathway Plan in relation to the person.