Social Security Amendment Act 2001

1: Title
1: This Act is the Social Security Amendment Act 2001.
2: In this Act, the Social Security Act 1964 the principal Act
2: Commencement
1: Parts 1 2
2: Part 3 Schedule
3: The rest of this Act comes into force on the day after the date on which the Act receives the Royal assent.
3: Purpose
The purpose of this Act is to amend the Social Security Act 1964
a: remove the requirement that work-tested beneficiaries undertake community work; and
b: provide that activity in the community and voluntary work will be options that work-tested beneficiaries may undertake; and
c: disestablish the community wage, and re-establish an unemployment benefit and a non-work-tested sickness benefit; and
d: change the work test so that it focuses, through job seeker agreements, on assisting work-tested beneficiaries to gain employment; and
e: simplify the sanctions regime for failure to comply with the work test and related obligations; and
f: abolish the work capacity assessment process; and
g: increase the income thresholds for eligibility for the disability allowance.
4: Sections 47 to 51 and heading repealed
1: The principal Act is amended by repealing sections 47 to 51 section 47
2: The principal Act is consequentially amended by repealing sections 12J(3) 53A(1)﻿(bb) 132E
3: The Social Security Amendment Act 1998 sections 15(1) 16(1) (4) 17
1: Amendments to principal Act coming into force on 1 April 2001
5: General specification of organised activities
1: Section 110(3)﻿(f) (including community work)
2: Section 110(3) paragraph (h)
ha: participation in a recognised community activity
i: activity in the community
ii: voluntary work
6: Direction to participate in organised activity
1: Section 111(1) activities (other than a recognised community activity)
2: Section 111 subsection (1)
1A: The chief executive may request a person to whom the work test applies to participate in a recognised community activity if the chief executive considers that the activity—
a: would, or is likely to, assist the person improve his or her prospects for employment; and
b: is suitable for the circumstances of that person.
7: Penalties for failure to participate in organised activity
Section 116 subsection (1)
1A: Paragraphs (a) and (b) of subsection (1)
8: Penalties for failure to participate in organised activity to satisfaction of chief executive
Section 118 subsection (1)
1A: Subsection (1)
9: Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
1: Section 123C(1) undertakes any work (other than voluntary work)
2: Section 123C subsection (1)
1A: Except as provided in subsection (1)
10: Amendments to Social Security (Participation Allowance) Regulations 1998
1: Regulations 3 4 Schedule Social Security (Participation Allowance) Regulations 1998 organised
2: The Schedule Social Security (Participation Allowance) Regulations 1998 An activity in the community (as defined in the Act).
3: The Schedule Social Security (Participation Allowance) Regulations 1998 was required had undertaken
2: Further amendments to principal Act coming into force on 1 April 2001
11: Rates of benefits, etc, may be increased by Order in Council
Section 61H(1) paragraph (a)
aa: amend section 69C(1)﻿(c)
12: Disability allowance
Section 69C(1)﻿(c)
a: omitting the word it the income less 4.25% of that income
b: omitting the words any one of the benefits referred to in paragraph (a) of this subsection an invalid's benefit
3: Amendments to principal Act coming into force on 1 July 2001
Consequential amendments to definitions
13: Interpretation
1: Section 3(1) paragraph (a) benefit of this Act or Part 2
2: Section 3(1) paragraph (aa) benefit
3: Section 3(1) paragraph (a) income-tested benefit
a: an unemployment benefit:
aa: a sickness benefit:
4: Section 3(1) paragraph (a) work-test married rate a community wage an unemployment benefit or a sickness benefit
5: Section 3(1) paragraph (a) work-tested beneficiary
a: a person granted an unemployment benefit; or
6: Section 3(1) paragraph (a) work-tested benefit
a: an unemployment benefit; or
7: Section 3(1) paragraph (e) work-tested benefit includes a sickness benefit,
8: Section 3(1) work-tested spouse a community wage earner, or a person granted a person granted an unemployment benefit, a sickness benefit, or
9: Section 3(1) community wage community wage earner job seeker contract organised activity Re-establishment of sickness benefit
14: New sections 54 to 54F inserted
The principal Act is amended by inserting, after the heading Sickness Benefits section 53A
54: Sickness benefit: standard eligibility requirements
1: A person is entitled to a sickness benefit if he or she satisfies the criteria in subsections (2), (3), and (4)
a: is not in full-time employment, is willing to undertake it, but because of sickness, injury, or disability is limited in his or her capacity to seek, undertake, or be available for full-time employment; or
b: is in employment, but is losing earnings because, through sickness or injury, he or she is not actually working, or is working only at a reduced level.
2: An applicant for a sickness benefit must be—
a: aged 18 years or over; or
b: aged 16 years or over, be married, and have 1 or more dependent children.
3: An applicant for a sickness benefit must have resided continuously in New Zealand for at least 2 years at any time.
4: An applicant for a sickness benefit must have—
a: No income; or
b: an income of less than the amount that would fully abate the benefit.
5: Nothing in subsection (4)
6: For the purposes of subsection (1)﻿(b)
54A: Sickness benefit: grounds of hardship
1: The chief executive may grant a sickness benefit under section 54 subsections (1) and (2) of that section
a: the person is suffering hardship; and
b: the person is not qualified to receive any other benefit; and
c: the person is unable to earn sufficient income to support the person and his or her spouse and any dependent children.
2: The chief executive may grant a sickness benefit under section 54 section 54(2) subsection (1) of this section
a: is unmarried and aged 16 or 17; and
b: is either pregnant or undergoing treatment in a rehabilitation programme recognised by the chief executive.
54B: Sickness benefit: medical examinations
1: A person who applies for a sickness benefit must include in the application a certificate by—
a: a medical practitioner; or
b: a registered dentist (in respect of a condition that is within the ambit of his or her profession); or
c: a registered midwife (in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or her profession).
2: The certificate under subsection (1)
a: certify that the applicant's capacity for work is affected by sickness, injury, or disability; and
b: indicate the nature of the sickness, injury, or disability, the extent to which the applicant's capacity for work is affected by it, and the length of time that effect is likely to last; and
c: contain such other particulars as the chief executive may require.
3: The chief executive may at any time require an applicant for a sickness benefit or a sickness beneficiary to submit himself or herself for examination by a medical practitioner or psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive or, failing agreement, must be nominated by the chief executive.
4: A medical practitioner or psychologist who conducts an examination under subsection (3)
54C: Sickness benefit: payment
A sickness benefit is paid in respect of a 5-day working week.
54D: Rates of sickness benefit
1: A sickness benefit must be paid to a sickness beneficiary at the appropriate rate in the Ninth Schedule subsection (2)
2: The appropriate rate in the Eighth Schedule Ninth Schedule
a: was a sickness beneficiary immediately before 1 July 1998; and
b: continued to receive that benefit until it was changed to a community wage; and
c: continued to receive the community wage on the grounds of sickness, injury, or disability until the community wage was changed to a sickness benefit; and
d: has continued since then to receive a sickness benefit.
3: If no payment is made under this section in respect of the spouse of a sickness beneficiary, the chief executive may increase the rate of sickness benefit payable to the beneficiary by an amount not exceeding the amount specified in clause 2 of the Ninth Schedule
4: An applicant is entitled to be paid the rate in clause 5 of the Ninth Schedule
a: the application of section 60H
b: a strike, either by himself or herself, or by fellow members of the same union at the same place of employment.
54E: Obligations of spouse of sickness beneficiary
From the time that payment of the sickness benefit commences, the spouse of a person granted a sickness benefit at a work-test married rate must—
a: comply with any request under section 60HA
b: if he or she is a work-tested spouse, comply with the work test.
54F: Transfer from community wage to sickness benefit on 1 July 2001
1: This section applies to a person who, immediately before 1 July 2001, was—
a: in receipt of a community wage on the ground of the person's sickness, injury, or disability; and
b: either—
i: was fulfilling the conditions of entitlement to the community wage on that ground; or
ii: was eligible to be granted a community wage on that ground under former section 90
2: On 1 July 2001, in relation to a person to whom this section applies,—
a: the community wage becomes a sickness benefit as if it were granted under section 54
b: the person ceases to be subject to the work test; and
c: any sanctions to which the person was subject under any of former sections 115, 116, or 118
3: For the avoidance of doubt, the operation of subsection (2)
a: the rate of benefit paid to the person and his or her spouse (if any); and
b: in relation to the person's spouse, any of the following:
i: the requirements of section 54E
ii: any exemption from the work test under section 105
iii: a sanction under any of former sections 115 to 118
4: In this section, former section
15: Consequential amendments relating to sickness benefit
1: The principal Act is consequentially amended by omitting from each of the following provisions the words community wage on the grounds of sickness, injury, or disability sickness benefit
a: section 12J(2)﻿(e)
b: section 53A(1)﻿(ba)
c: section 66(1)
d: the second proviso to section 72(b)
2: Section 53A(1)﻿(ba) person's community wage person's sickness benefit
3: The principal Act is consequentially amended by omitting from each of the following sections the words a community wage an unemployment benefit or a sickness benefit
a: section 61(1)
b: section 61E(1)
c: section 69C(1)﻿(a) (5)﻿(a)
d: section 77(2) (3)
e: section 80BD(3)
4: Section 60FD Sections 92(1) to (3) and 97(3) Section 54B(1) to (3)
5: Section 60FD community wage sickness benefit
6: Section 60H(1) paragraph (c) employment
c: in the case of any other work-tested beneficiary, full-time employment
7: Section 61(1A) a community wage under section 89 a sickness benefit under section 54A or an unemployment benefit under section 90
8: Section 70A(1)﻿(b) subparagraph (iv)
iv: a sickness benefit; or
v: an unemployment benefit; or
9: Section 80B subparagraph (iv) income
iv: a community wage paid before 1 July 2001:
v: a sickness benefit:
vi: an unemployment benefit:
10: The principal Act is consequentially amended by omitting from each of the following provisions the words community wage granted on the grounds of sickness, injury, or disability sickness benefit
a: section 80(5)﻿(c)
b: section 80(14)﻿(a)
c: section 80BA(4)﻿(b)﻿(i)
16: Independent youth benefits: unmarried person
Section 60F(3)﻿(a) employees organisation union Clarifying references to chief executive
17: Independent youth benefits: unmarried persons
Section 60FA(3)﻿(b) chief executive of the Department of Child, Youth and Family Services
18: Independent youth benefits: persons enrolled in full-time course of secondary instruction
Section 60FC(3)﻿(b) chief executive of the Department of Child, Youth and Family Services Re-establishment of unemployment benefit
19: New heading and section 88A substituted
Sections 87 88 2
2: Unemployment benefit and work testing
88A: Interpretation
In this Part, unless the context otherwise requires,— activity in the community job-search activity job seeker agreement section 105A job seeker development activity section 110 recognised community activity voluntary work Unemployment benefit
20: Community wage: standard eligibility requirements
1: Section 89(1) paragraphs (b) (c)
2: Section 89(4)﻿(b) community wage under the appropriate income test referred to in the Ninth Schedule benefit
3: Section 89(5)
a: omitting the words the community wage the benefit
b: omitting the words the wage the benefit
4: Section 89(6)
5: Section 89 a community wage an unemployment benefit
6: The heading to section 89 Community wage Unemployment benefit
21: Community wage: grounds of hardship
1: Section 90(1) 89(1) and (2)
2: Section 90 a community wage an unemployment benefit
3: Section 90
3: Despite section 91 section 89
a: section 60FA(1)﻿(b)
b: the student is married.
4: The heading to section 90 Community wage Unemployment benefit
22: Community wage: ineligibility
1: Section 91(1)﻿(a) 90(2) or (3)
2: Section 91(1) a community wage an unemployment benefit
3: Section 91(1)﻿(b) employees organisation union
4: Section 91(2)
5: The heading to section 91 Community wage Unemployment benefit
23: Sections 92 to 96 repealed
Sections 92 to 96
24: New section 97 substituted
The principal Act is amended by repealing section 97
97: Unemployment benefit: obligations on beneficiaries
1: A person granted an unemployment benefit is subject to the work test from the time that payment of the unemployment benefit commences.
2: From the time that payment of an unemployment benefit commences, the spouse of a person granted an unemployment benefit at a work-test married rate must—
a: comply with a request under section 60HA
b: if he or she is a work-tested spouse, comply with the work test.
25: New section 98 substituted
The principal Act is amended by repealing section 98
98: Unemployment benefit: payment
1: Payment of an unemployment benefit commences in accordance with section 80
2: An unemployment benefit must be paid in weekly instalments, in accordance with section 82
3: An unemployment benefit is paid in respect of a 5-day working week.
4: The days of the week to be included in the working week of a person granted an unemployment benefit are determined by the chief executive after consultation with the beneficiary, but must not include—
a: a Saturday, except with the agreement of the beneficiary; or
b: a Sunday.
5: Payment of an unemployment benefit may be suspended or cancelled in accordance with sections 80 to 82
26: Community wage: rates
1: Section 99(1)
a: omitting the words A community wage must be paid to a community wage earner An unemployment benefit must be paid to a person granted the benefit
b: omitting the words , unless subsection (2)
2: Section 99(2)
3: Section 99(3)
a: omitting the words community wage earner person granted an unemployment benefit
b: omitting the words community wage unemployment benefit
c: omitting the words an earner the earner a beneficiary the beneficiary
4: Section 99(4)
a: omitting the words a community wage an unemployment benefit
b: omitting the words community wage unemployment benefit
5: Section 99(4)﻿(b) employees organisation (as defined in section 91(2) union
6: The heading to section 99 Community wage Unemployment benefit
27: New section 99A inserted
The principal Act is amended by inserting, after section 99
99A: Transfer from community wage to unemployment benefit on 1 July 2001
1: This section applies to a person who, immediately before 1 July 2001, was—
a: in receipt of a community wage on a ground other than the person's sickness, injury, or disability; and
b: either—
i: was fulfilling the conditions of entitlement to the community wage; or
ii: was eligible to be granted a community wage under former section 90
2: On 1 July 2001, in relation to a person to whom this section applies, the community wage becomes an unemployment benefit as if it were granted under section 89
3: For the avoidance of doubt, the operation of subsection (2)
a: the rate of benefit paid; and
b: the obligations under section 97
c: any requirement to undertake an organised activity under former section 111; and
d: any exemption from the work test under section 105
e: a sanction applying under any of former sections 115 to 118
4: In this section, former section
28: Section 100 repealed
Section 100 Amendments relating to work test and job seeker agreements
29: Section 101 repealed
Section 101
30: New section 102 substituted
The principal Act is amended by repealing section 102
102: Application and obligations of work test
1: The work test applies to a person while he or she is a work-tested beneficiary, and the person is subject to the obligations of the work test set out in subsection (2)
2: The work test obligations are—
a: to be available for, and take reasonable steps to obtain, suitable employment; and
b: to accept any offer of suitable employment, whether full-time employment, part-time work, temporary employment, or employment that is seasonal or subsidised; and
c: to attend and participate in an interview for any opportunity of suitable employment to which the beneficiary is referred by the chief executive; and
d: when required by the chief executive, to attend and participate in any interview with an officer of the department or other person on behalf of the chief executive; and
e: when required by the chief executive, to co-operate in the development of a job seeker agreement to the satisfaction of the chief executive, and then to sign it; and
f: when required to by the chief executive, to select at least 1 job seeker development activity from a list of activities that the chief executive considers are suitable for the beneficiary, and to include it or them in the beneficiary's job seeker agreement; and
g: once the person has signed a job seeker agreement,—
i: to undertake the job-search activities set out in the agreement; and
ii: to undertake and complete any job seeker development activity or recognised community activity set out in the agreement (subject to the chief executive taking reasonable steps to arrange for the beneficiary to undertake the activity); and
iii: to undertake and complete any other activities set out in the agreement.
3: The failure by a beneficiary to undertake or complete a recognised community activity, as set out in his or her job seeker agreement, is not a failure to comply with a work test obligation for the purpose of section 115(1)﻿(a)
4: The employment referred to in subsection (2)﻿(a)
a: for a part-time work-tested beneficiary, part-time work:
b: for any other work-tested beneficiary, full-time employment.
5: The work test does not apply to a work-tested beneficiary if the chief executive is satisfied that the beneficiary is undertaking employment of the kind required to satisfy the work test for that beneficiary.
6: The work test obligations apply,—
a: in the case of a person granted the unemployment benefit, on the same days as are included in the person's working week under section 98
b: in the case of any other work-tested beneficiary, on any 5 days of the week determined by the chief executive after consultation with the beneficiary, which must not include—
i: a Saturday, except by agreement with the beneficiary; or
ii: a Sunday.
31: New section 104A inserted
The principal Act is amended by inserting, after section 104
104A: Transitional provision dealing with deferrals
1: This section applies to a work-tested beneficiary who, immediately before 1 July 2001, was subject to a deferral of work test obligations granted under section 107 of the principal Act
2: On and after 1 July 2001, the deferral becomes an exemption from the work test as if the exemption were granted under section 105
a: if the deferral was granted for a time, that time applies to the exemption; and
b: if the deferral was granted on conditions, those conditions apply to the exemption; and
c: if, in granting the deferral, the chief executive required the person to participate in 1 or more organised activities, that requirement continues to apply as if the organised activities were job seeker development activities included in a job seeker agreement signed by the beneficiary.
32: Exemption from obligations
Section 105 subsection (5)
5: A beneficiary who has been granted an exemption from the work test may be required to attend an interview with an officer of the department or other person on behalf of the chief executive. Failure to attend or participate in the interview may result in sanctions under section 117
5A: A person granted an exemption must notify the chief executive as soon as practicable of any change in the person's circumstances that may affect his or her entitlement to the exemption.
33: New heading and sections 105A to 105D inserted
The principal Act is amended by inserting, after section 105 Job seeker agreements
105A: Description of job seeker agreement and responsibilities arising from it
1: A job seeker agreement is a statutory agreement in which—
a: the chief executive sets out what the department will do to assist a work-tested beneficiary to obtain employment, improve his or her employment prospects, or both; and
b: the beneficiary acknowledges the responsibilities arising out of receipt of the benefit or (in the case of a work-tested spouse) payment of part of the benefit in respect of the spouse.
2: A job seeker agreement—
a: must include an acknowledgment by the beneficiary that he or she is subject to the work test obligations (as set out in section 102
b: must specify the job-search activities the beneficiary will undertake; and
c: may include any job seeker development activities, recognised community activities, or other activities that the beneficiary agrees to undertake; and
d: must explain the sanctions that may be imposed if the beneficiary fails to comply with certain parts of the work test (as set out in section 117
e: must specify the assistance the department will give to assist the beneficiary obtain employment or improve his or her employment prospects, and any conditions on which the assistance will be provided or to which it is subject.
3: A signed job seeker agreement does not create or imply an employment relationship between the chief executive and the beneficiary, nor does it create rights or obligations that are enforceable in any court or tribunal.
4: Nothing in subsection (3) section 10A, or sections 12J to 12R
105B: Entering into and reviewing job seeker agreement
1: A job seeker agreement should be developed through a process of negotiation between the beneficiary and the chief executive in which the parties aim to promptly conclude and sign an agreement acceptable to both of them.
2: If, despite reasonable efforts by the chief executive, the beneficiary does not co-operate in the prompt development of a job seeker agreement, or does not sign it within a reasonable period once it is satisfactory to the chief executive, the chief executive may conclude that the beneficiary has failed his or her work test obligations under section 102(2)﻿(e)
3: At any time after a job seeker agreement is signed, a beneficiary may ask for a review of the agreement; but, until a review is complete, the beneficiary must comply with the job seeker agreement in its current form.
4: When a beneficiary asks for a review of his or her job seeker agreement, the chief executive must review it as soon as practicable and may, by agreement with the beneficiary, amend the job seeker agreement.
5: The chief executive may at any time review a beneficiary's job seeker agreement, and may then,—
a: by agreement with the beneficiary, amend the agreement; or
b: require the beneficiary to co-operate in the development of a replacement job seeker agreement to the satisfaction of the chief executive, and then to sign the new agreement.
6: An agreement entered into under subsection (5)﻿(b) subsection (1)
105C: Department to explain to beneficiaries their rights and obligations
The chief executive must take reasonable and appropriate steps to make every work-tested beneficiary aware, before he or she signs a job seeker agreement, of—
a: his or her obligations arising from payment of a work-tested benefit; and
b: the import and consequences of signing a job seeker agreement; and
c: the consequences of failure to comply with the work test and, in particular, the sanctions that may be imposed under section 117
d: the beneficiary's right under section 105B(3)
e: the beneficiary's rights under sections 10A and 12J
105D: Job seeker contracts to have effect as job seeker agreements
Every job seeker contract that was in effect under this Act on 30 June 2001 continues in effect, in relation to a work-tested beneficiary, after that date as if it were a job seeker agreement entered into under section 105B
a: the person to whom it applies ceases to be a work-tested beneficiary; or
b: it is replaced by a new job seeker agreement entered into under section 105B
34: Sections 106 to 109 and heading repealed
Sections 106 to 109 section 106
35: New heading and sections 110 to 112 substituted
The principal Act is amended by repealing sections 110 to 112 section 110 Job seeker development activities
110: Defining job seeker development activities
1: A job seeker development activity
2: The activities that the chief executive may define as job seeker development activities include, but are not limited to,—
a: work assessment:
b: participation in a programme or seminar to increase particular skills or enhance motivation:
c: participation in a work experience or work exploration activity:
d: participation in employment-related training.
3: The chief executive may define an activity or category of activity as a job seeker development activity only if the chief executive is satisfied that the activity—
a: is likely to increase the prospect for self-reliance of beneficiaries who participate in it by increasing their awareness of, and participation in, opportunities for employment, and for self-betterment, education, or training; or
b: is likely to strengthen incentives for persons who participate in it to remain in employment or move into unsubsidised employment.
4: The chief executive must specify any conditions that apply to an activity that he or she defines as a job seeker development activity.
5: The chief executive must define a range of job seeker development activities, and may define different job seeker development activities for different geographical locations.
6: The chief executive's discretion to define job seeker development activities is subject to any direction by the Minister.
111: Assistance provided by department
1: If, following a requirement under section 102(2)﻿(f)
2: If a beneficiary's job seeker agreement includes any other job seeker development activity, then the chief executive may take reasonable steps to arrange for the beneficiary to undertake that activity, but only if the chief executive considers the activity—
a: is suitable for the circumstances of the beneficiary; and
b: is likely to improve his or her employment prospects.
3: If a beneficiary's job seeker agreement includes a recognised community activity, the chief executive may take reasonable steps to arrange for the beneficiary to undertake the recognised community activity, but only if—
a: the chief executive considers the recognised community activity is suitable for the beneficiary to undertake; and
b: there are no job seeker development activities or other activities specified in the agreement that would be more suitable for the beneficiary to undertake.
4: If a beneficiary's job seeker agreement specifies other assistance that the Department will give the beneficiary, then the chief executive must provide that specified assistance, subject to any conditions set out in the job seeker agreement.
112: Organised activities to have effect as job seeker development activities
1: A work-tested beneficiary who, immediately before 1 July 2001, was required to participate in an organised activity (other than a recognised community activity) is obliged to continue to participate in that activity as if the activity were a job seeker development activity included in the beneficiary's job seeker agreement.
2: The obligation to continue participating in the activity continues until the beneficiary enters into a job seeker agreement.
36: New sections 115 to 117 substituted
The principal Act is amended by repealing sections 115 to 118
115: Failure to comply with work test
1: The sanctions in section 117
a: in the case of a work-tested beneficiary, failed to comply with any of the work test obligations as set out in section 102
b: in the case of a beneficiary granted an exemption from the work test, failed to attend an interview as required under section 105(5)
2: Before determining that a beneficiary has failed to comply with any work test obligation, the chief executive must review the beneficiary's job seeker agreement (if the beneficiary has one).
3: A beneficiary has a good and sufficient reason for not undertaking or completing an activity in the beneficiary's job seeker agreement if—
a: doing so was dependent upon the provision by the department of any assistance specified in the person's job seeker agreement; and
b: that assistance was either not supplied, or not supplied to the extent, or in the manner, specified in the agreement.
4: A beneficiary who has 1 or more dependent children has a good and sufficient reason for not participating in or completing any job seeker development activity in his or her job seeker agreement if the activity involves participation during hours when it would be unreasonable to expect any dependent child of the person to be without that person's supervision.
5: A full-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, part-time work or employment averaging less than 15 hours a week is treated as someone to whom subsection (1)
6: A part-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, employment averaging less than 15 hours a week is treated as someone to whom subsection (1)
7: Section 60H(6) and (7) subsections (5) and (6)
116: Failure to participate in activity under section 60HA
The sanctions in section 117 section 60HA
117: Sanctions that may be imposed for failures
1: The sanctions that the chief executive must apply in respect of failures under section 115 or section 116
a: for a first failure, suspension of the person's benefit until the person recomplies:
b: for a second failure (being a failure that occurs after the person has recomplied following a first failure), suspension of the person's benefit until the person recomplies:
c: for a third failure (being a failure that occurs after the person has recomplied following a second failure), cancellation of the benefit.
2: A person whose benefit is cancelled under subsection (1)﻿(c)
a: is not entitled to receive any benefit for 13 weeks from the date of cancellation; and
b: if the person wishes to again become entitled to a benefit, must apply for the benefit and establish his or her eligibility for it.
3: Subsection (2) sections 120 and 121 sections 123 to 123B
37: Calculation of failure rate
1: Section 119(1) section 115 or section 116 or section 118 section 117
2: Section 119(1) paragraph (a)
a: may count applicable failures only while the same benefit has been continuously paid in respect of the beneficiary; but.
3: Section 119(2) any of sections 115, 116, and 118 section 115 or section 116
38: New section 122 substituted
The principal Act is amended by repealing section 122
122: Meaning of recompliance
In relation to a failure under section 115 or section 116 section 117
a: in the case of a work-tested beneficiary, some other activity specified in the person's job seeker agreement or, if there is no other activity specified, a job seeker development activity approved by the chief executive; or
b: in any other case, some other activity of the kind specified in section 60HA
39: Effect of ceasing to be subject to obligation to comply with section 60HA or work test
1: Section 123(1) paragraph (a) section 115 or section 116 section 117
2: Section 123(1)﻿(b) subparagraph (i)
ia: ceases to be a beneficiary who is required to comply with a request under section 60HA
3: Section 123(1)﻿(b)﻿(ii) or an exemption from complying with section 60HA
40: Effect of employment on non-entitlement period
1: Section 123A(1) section 115 or section 116 section 117
2: Section 123A(3)
41: New sections 123B and 123C substituted
The principal Act is amended by repealing sections 123B 123C
123B: Effect of participation in certain activities on non-entitlement period
1: This section applies to a person who—
a: is subject to a 13-week period of non-entitlement under section 60H or section 117
b: is participating in 1 or more approved activities
i: job seeker development activities:
ii: recognised community activities:
iii: part-time work (in the case of a part-time work-tested beneficiary).
2: If a person to whom this section applies participates satisfactorily in the approved activity or activities for a continuous period of 6 weeks,—
a: the remainder of the period of non-entitlement lapses; and
b: if the person wishes to again become entitled to a benefit, the person must apply for the benefit and establish his or her eligibility for it.
3: Despite subsection (2)﻿(b)
4: ) Payment of a benefit granted under subsection (3)
5: No obligation to repay under subsection (4)
a: ceases to be a work-tested beneficiary or a beneficiary required to comply with a request under section 60HA
b: obtains, under section 105 section 60HA
6: If the person is still entitled to the benefit at the end of the period of satisfactory participation or non-entitlement (as the case may be), payment of the benefit is no longer subject to the condition in subsection (4)
7: Any amount the person is liable to repay under this section may be recovered by the chief executive under section 86(1A)
123C: Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
1: In this section, person A section 122 or section 123B
2: The Health and Safety in Employment Act 1992 Human Rights Act 1993
3: Except as provided in subsection (2)
42: Regulations
Section 123D paragraphs (b) (c)
43: Consequential amendments relating to changes to Part 2 of principal Act
1: Section 12J(4) which relates to the general specification of organised activities defining job seeker development activities
2: Section 80
a: omitting from subsection (5)﻿(a) a community wage an unemployment benefit
b: repealing subsections (6) (7)
c: inserting in subsection (8)﻿(b) was cancelled or suspended
3: Section 80C(1) paragraph (c)
c: the person is subject to a sanction of suspension of 100% of a benefit under section 117
4: Section 113
a: omitting from subsection (1) sections 115 to 118 section 117
b: omitting the words or reduce or reducing or reduction
5: Section 120(1) section 115 or section 116 section 117
6: Section 120(2)
7: Section 121 section 115 or section 116 section 117
8: The Social Security (Penalties for Unsatisfactory Participation) Regulations 1998 (SR 1998/269)
44: Schedule 9 amended
1: The principal Act is amended by repealing the heading to Schedule 9 Rates of unemployment benefits and sickness benefits
2: Clause 1(aa) aged 18 or 19 under the age of 20
3: Clause 1(a) of or over the age of 18 years and
4: Clause 5 community wage benefit
45: Consequential amendments to other enactments
The enactments specified in the Schedule