Document ID: chunk:federal_register_of_legislation:C2025C00162:section:593:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 593 (pt 2/5)
Character Range: 924091–926843

ends, the employment will be again available to the person (whether or not the same kind of work will be available);
 (ii) immediately before the incapacity occurred the person was in full‑time education and was receiving payments under the ABSTUDY scheme and the Secretary is satisfied that the person is committed to resuming full‑time study under that scheme when the incapacity ends;
 (iii) immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends.
 (1AA) Subsection (1A) does not apply in relation to a person if the Secretary is satisfied that the incapacity is brought about with a view to obtaining jobseeker payment, youth allowance, austudy payment or disability support pension.
 (1AB) In subsection (1A):
work, in relation to a person, means work that the person has contracted to perform under a contract of employment that:
 (a) the person had immediately before the person becomes incapacitated; and
 (b) continues after the person becomes incapacitated.
 (1AC) A person satisfies this subsection if:
 (a) the following apply:
 (i) the person satisfies the employment pathway plan requirements;
 (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or
 (b) the following apply:
 (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements;
 (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.
Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1).
Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.
 (1B) Subject to sections 596, 596A, 597 and 598, a person is qualified for a jobseeker payment in respect of a period if:
 (a) the person satisfies the Secretary that throughout the period the person is unemployed; and
 (b) throughout the period the person:
 (i) has reached the age of 22 years and has not reached the pension age; and
 (ii) is an Australian resident; and
 (c) the person was not in receipt of a youth allowance during the period; and
 (d) the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end