Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p21
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 21/26)
Character Range: 145023–147938

person was receiving partner allowance; and

        (ii) the person's partner had been registered for at least 12 months by the CES in an allowance category as being unemployed; and

     Note: For 'allowance category' see subsection 23(4A).

     (c) because of the income earned by the person from the employment, newstart allowance or job search allowance ceases to be payable to the person's partner; and

     (d) the employment is, in the Secretary's opinion, likely to continue for more than 4 weeks; and

     (e) the person has not, within the last 12 months, received a payment under this Part.

  "(2) If the Secretary is satisfied that:

    (a) a person has entered an agreement under which the person is to be employed; and

    (b) on the start of that employment, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);

the following provisions have effect:

    (c) subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at the time the Secretary determines;

    (d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) when the payment is payable to the person.

"(3) The time determined under paragraph (2)(c) is not to be more than 14 days before the person is to commence the employment.".

39. Before section 665:

  Insert:

Amount of section 664I payment

"664J. The amount of an employment entry payment under section 664I is $100.".

40. Subparagraph 693(e)(iii):

  Omit, substitute:

SCHEDULE 2—continued

        "(iii) immediately before the partner's death, the person was receiving a partner allowance;".

41. Subparagraph 693(e)(iv):

  Omit "the former benefit increase partner", substitute ", the person".

42. Section 693 (Note 5):

  Omit.

43. Subsection 710(1):

  Omit "If", substitute "Subject to subsection (1A), if".

44. After subsection 710(1):

  Insert:

  "(1A) If:

     (a) a person is qualified for sickness allowance through subparagraph 666(1)(d)(i) (loss of salary, wages or other income of a similar nature); and

  (b) the person's partner is receiving a partner allowance;

the rate per fortnight of the person's sickness allowance is not to exceed the rate that, in the Secretary's opinion, is one half of the rate per fortnight of the salary, wages or other income that the person has lost because of the person's incapacity for work.

   Note: There is also limitation on the rate of partner allowance payable to the partner (see section 771KC).".

45. Section 712:

  Repeal, substitute:

"Limitation on rate-transferee

712. If a person is qualified for sickness allowance through subparagraph 666(1)(d)(iii) (transfer from social security pension), the rate per fortnight of the person's allowance is not to exceed the rate per fortnight of