Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:2_5
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 904589–906764

5  Effect of exclusion period
 (1) If, on the day that would, but for this clause, be a person's start day under this Schedule in relation to a social security payment, the person is subject to one or more exclusion periods, the person's start day in relation to the payment is worked out as follows:
 (a) if the person is subject to one exclusion period—the start day is the first day after the end of that period;
 (b) if the person is subject to 2 or more exclusion periods—the start day is the first day after all the periods have ended.
 (1A) This clause does not apply in relation to payment of parenting payment to a person who is a member of a couple if the Secretary is satisfied that it should not so apply.
Note: Clause 5A deals with the start day of parenting payment where one member of a couple commits a serious failure or is unemployed as a result of a voluntary act or misconduct.
 (1B) Subclause (1) applies only in relation to a start day for a participation payment to a person if the exclusion period to which the person is subject is:
 (a) for a person other than a declared program participant:
 (i) a payment suspension period; or
 (ii) an unemployment preclusion period; or
 (iii) a post‑cancellation non‑payment period; or
 (b) for a declared program participant:
 (i) a serious failure period; or
 (ii) an unemployment non‑payment period.
 (2) In this clause:
exclusion period means a period during which, because of a provision of the social security law, a social security payment that would otherwise be payable to a person is not payable to the person, including:
 (a) a waiting period; and
 (b) a non‑payment period (including a compliance penalty period); and
 (c) a compensation preclusion period; and
 (d) a period during which a person is in gaol; and
 (e) if the payment is a youth allowance or jobseeker payment—a period during which the payment is not payable because of the operation of subparagraph 547AA(1)(b)(ii) or subparagraph 615(1)(b)(ii) of the 1991 Act; and
 (f) if the payment is a schooling requirement payment within the meaning of Part 3C—a period during which the payment is suspended under section 124H, 124M or 124NF.