Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_20:p1
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 20 (pt 1/2)
Character Range: 8141–10808

20  After subsection 729(2)
Insert:

 (2A) For the purposes of paragraph (2)(g), the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph (2)(g)(i) applies is a person to whom that first‑mentioned paragraph applies only if:
 (a) the person would not qualify for disability support pension under section 94 or 95 if the person were an Australian resident; and
 (b) the person has attained the minimum age for youth allowance as determined in accordance with subsection 543A(1) but has not attained pension age; and
 (c) the person:
 (i) claims, or has claimed, special benefit on or after 1 January 2003 that is not continuous with any previous grant of special benefit; or
 (ii) if the person had not attained the minimum age for youth allowance as defined by subsection 543A(1) before 1 January 2003—is receiving special benefit granted before, or continuous with special benefit granted before, that date.

 (2B) A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f):
 (a) throughout the period, and for each period within the period, the person either:
 (i) satisfies the activity test set out in section 731A; or
 (ii) is not required to satisfy the activity test; and
 (b) at all times (if any) during the period when the person is not a party to a Special Benefit Activity Agreement, the person is prepared to enter into such an agreement; and
 (c) at all times during the period when the person is a party to a Special Benefit Activity Agreement, the person is prepared to enter into another such agreement instead of the existing agreement; and
 (d) if the person is required by the Secretary to enter into a Special Benefit Activity Agreement in relation to the period or a part of the period, the person enters into that agreement; and
 (e) while a Special Benefit Activity Agreement is in force, the person satisfies the Secretary that the person is taking reasonable steps to comply with the terms of the agreement.

 (2C) For the purposes of paragraph (2B)(e), a person is taking reasonable steps to comply with the terms of a Special Benefit Activity Agreement unless the person has failed to comply with the terms of the agreement and:
 (a) the main reason for failing to comply involved a matter that was within the person's control; or
 (b) the circumstances that prevented the person from complying were reasonably foreseeable by the person.

 (2D) For the avoidance