Document ID: chunk:federal_register_of_legislation:C2025C00162:section:94:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 94 (pt 4/5)
Character Range: 486282–488811

Secretary had considered whether the person was able to do work described in subparagraph (i);
 (f) after the notice was given, the Secretary decided not to determine under section 80 of the Administration Act that the disability support pension for the person is to be cancelled;
 (g) as a result of the assessment involving the notice, the Secretary is satisfied that the person:
 (i) does not have a severe impairment within the meaning of subsection (3B); and
 (ii) is able to do work that is for at least 8 hours per week on wages at or above the relevant minimum wage and that exists in Australia, even if not within the person's locally accessible labour market;
 (h) the person does not have a dependent child under 6 years of age.
Note 1: Section 63 of the Administration Act lets the Secretary notify a person that the person must give information to the Secretary or undergo a medical, psychiatric or psychological examination and give the Secretary a report on the examination.
Note 2: Section 80 of the Administration Act lets the Secretary determine that disability support pension paid to a person is to be cancelled if the person is not or was not qualified for the pension, or if the pension is not or was not payable to the person (which may apply because the person did not comply with the notice under section 63 of that Act).
training activity means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments:
 (a) education;
 (b) pre‑vocational training;
 (c) vocational training;
 (d) vocational rehabilitation;
 (e) work‑related training (including on‑the‑job training).
work means work:
 (a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and
 (b) that exists in Australia, even if not within the person's locally accessible labour market.

Person not qualified in certain circumstances
 (6) A person is not qualified for a disability support pension on the basis of a continuing inability to work if the person brought about the inability with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person's incapacity, from:
 (a) the requirement to satisfy the activity test for the purposes of austudy payment; or
 (b) undertaking full‑time study (see section 541B); or
 (c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance.