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Social Security (Prospective Determinations) Guidelines 2015
Social Security Act 1991

I, CHRISTIAN PORTER, Minister for Social Services, make these Guidelines under paragraphs 500E(2)(a), 546(2)(a) and 600(2)(a) of the Social Security Act 1991.

Dated: 29 November 2015

CHRISTIAN PORTER

Minister for Social Services

1 Name of Guidelines
  These Guidelines are the Social Security (Prospective Determinations) Guidelines 2015.
2 Commencement
  These Guidelines commence on the day after they are registered.
3 Revocation
  The following determinations are revoked:
            (a)  Social Security (Prospective Determinations for Newstart Recipients) Guidelines No. 1 of 1996; and
            (b)  Social Security (Prospective Determinations for Parenting Payment Recipients) (DEWR) Guidelines 2006.
4 Definitions
  In these Guidelines:
Act means the Social Security Act 1991.
Note   Other words and phrases used in these Guidelines that are defined in the Act have the meaning given by the Act.
5 Purpose of Guidelines
  These Guidelines provide guidance to the Secretary in deciding whether the criteria set out in paragraphs 500E(1)(b), 546(1)(b) and  600(1)(b) of the Act are satisfied.
6 Circumstances relating to criteria
  The Secretary may conclude that a person does not satisfy the criteria set out in paragraphs 500E(1)(b), 546(1)(b) and  600(1)(b) of the Act if the Secretary is satisfied that:

          (a)    the person is required, under a provision of the Act, to provide additional evidence that the person satisfies:

              (i)      the participation requirements for parenting payment; or

              (ii)    the activity test for youth allowance or newstart allowance;

           including a written record, endorsed by the relevant employer, of approaches to the employer for the purposes of finding work; or

          (b)  the person has incurred an overpayment arising from the person's failure to comply with the provisions of the Act; or

          (c)   the person has contravened a provision of the Act; or

          (d)  there has been a change in the person's domestic circumstances that might affect:

                (i)                   the person's qualification for parenting payment, youth allowance or newstart allowance (as the case requires); or

                (ii)                 the rate of parenting payment, youth allowance or newstart allowance (as the case requires) being paid to the person.