Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003 (Incorporating amendments up to Act No. 122 of 2003) (35 of 2003)

Schedule 5   Flexible participation requirements for mature age newstart allowees

Social Security Act 1991

13   At the end of section 644AA

Add:

(2) If:

(a) a newstart allowance becomes not payable to a person because of:

(i) a failure to enter into a Newstart Activity Agreement; or

(ii) an unreasonable delay in entering into a Newstart Activity Agreement; or

(iii) a failure to take reasonable steps to comply with the terms of a Newstart Activity Agreement; and

(b) the person is at least 50 years of age at the time of the activity test breach referred to in paragraph (a); and

(c) the Secretary is satisfied that, not more than 26 weeks after the start of the activity test rate reduction period applicable to the person by reason of the breach referred to in paragraph (a), the person:

(i) has entered into such a Newstart Activity Agreement; or

(ii) is no longer unreasonably delaying entry into such a Newstart Activity Agreement; or

(iii) is taking reasonable steps to comply, or to resume compliance, with the terms of a Newstart Activity Agreement that is in force in respect of the person or, if there is no Newstart Activity Agreement in force in respect of the person, with the terms of the Newstart Activity Agreement that was in force in respect of the person immediately before the commencement of the rate reduction period;

as the case requires;

this Act has effect, for the purpose only of determining the rate of newstart allowance during the balance of the rate reduction period, as if the rate reduction period had never applied.

(3) A determination that a person has commenced to take reasonable steps as referred to in paragraph (2)(c) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or a later day.