Document ID: chunk:federal_register_of_legislation:C2008A00039:clause:2_3
Version: federal_register_of_legislation:C2008A00039
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 18305–19708

3  After section 49
Insert:

    49A  Automatic termination—overseas absence

 (1) This section applies if:
 (a) a person is continuously absent from Australia throughout a period (the period of absence); and
 (b) either:
 (i) immediately before the period of absence started, the person was receiving exceptional circumstances relief payment; or
 (ii) during the period of absence, the person's claim for such a payment is granted.

 (2) Exceptional circumstances relief payment ceases to be payable to the person if, were the payment newstart allowance and Part 4.2 of the Social Security Act 1991 applied, it would not be payable to the person because of that Part.

 (3) Exceptional circumstances relief payment ceases to be payable on the first day that it would not be payable to the person because of that Part.

 (4) For the purposes of this section, the Secretary may exercise any powers in relation to exceptional circumstances relief payment that the Secretary referred to in Part 4.2 of the Social Security Act 1991 may exercise in relation to that Part in relation to newstart allowance.

 (5) If regulations made under this section specify a purpose for the purposes of paragraph 1212B(c) of the Social Security Act 1991, the Secretary is to exercise the powers referred to in subsection (4) as if the purpose specified were a purpose specified in regulations made under that paragraph.