Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p13
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
Provision Reference: 
Character Range: 31866–34680

the pre-existing deferment period ends is a reference to the day on which the last occurring of those pre-existing deferment periods ends.

"(5) Subsections (3) and (4) apply in respect of a pre-existing deferment period whether or not it has commenced, and whether or not it is the subject of a notice under this section.

"(6) Subject to section 547C, if:

    (a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, job search allowance ceases to be payable to the person; and

    (b) it has not ceased to be payable because of the application of a deferment period;

the administrative breach deferment period referred to in subsection (1) commences on the day on which the job search allowance ceases to be payable to the person.

    Note: For 'administrative breach deferment period', 'automatic deferment provision' and 'deferment period' see subsection 23(1).

Waiting periods

"547C.(1) If, under this Subdivision, an administrative breach deferment period that applies to a person would (apart from this subsection) commence at the same time as, or during, a waiting period that applies to the person, the deferment period is taken to commence immediately after the end of the waiting period.

"(2) If a waiting period that applies to a person commences during an administrative breach deferment period that applies to the person:

    (a) the deferment period is taken to be suspended for the duration of the waiting period; and

    (b) the remainder of the deferment period continues immediately after the end of the waiting period.

"(3) If a waiting period applies to a person and:

    (a) another waiting period commences during that waiting period and continues after the end of that waiting period; or

    (b) another waiting period commences immediately after the end of that waiting period;

a reference in subsection (1) or (2) to the end of that waiting period is taken to be a reference to the end of the other waiting period.

"(4) A reference in this section to a waiting period includes a reference to a liquid assets test waiting period under section 519.

    Note: For 'administrative breach deferment period' and 'waiting period' sec subsection 23(1).

Effect of sections 547B and 547C

"547D. For the avoidance of doubt:

    (a) the application of an automatic deferment provision of this Subdivision cannot cause a job search allowance to cease being payable unless the administrative breach deferment period arising from the application of that provision has commenced under section 547B or 547C; and

    (b) those sections do not prevent a job search allowance ceasing to be payable in circumstances that do not involve the application of an automatic deferment provision of this Subdivision.

    Note: