Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:7_615
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 7 cl 615
Character Range: 163623–165507

615  Newstart allowance not payable if person fails to attend interview etc. in certain circumstances

 (1) A newstart allowance is not payable to a person if:
 (a) before or after the person made a claim for a newstart allowance, the Department is contacted by or on behalf of the person in relation to a claim for a newstart allowance; and
 (b) as a result of the contact, the Department required the person to do one or both of the following:
 (i) attend an interview with a specified person or organisation at a time and place specified in the requirement;
 (ii) enter into a Newstart Activity Agreement; and
 (c) the person fails to comply with that requirement, or those requirements.

 (2) This section does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subsection (3), that it should not apply to the person.

 (3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subsection (2) whether this section applies to a person.

 (4) This section ceases to apply:
 (a) when the person complies with:
 (i) that requirement, or those requirements; or
 (ii) any requirements that the Secretary has required the person to undertake in place of that requirement, or those requirements; or
 (b) at such earlier time as the Secretary determines, in accordance with any guidelines under subsection (5).

 (5) The Secretary may, by legislative instrument, make guidelines to be complied with in making determinations under paragraph (4)(b).

 (6) To avoid doubt, the fact that a person is taken, because of section 13 of the Administration Act, to have made a claim for a newstart allowance on the day on which the Department was contacted by or on behalf of the person in relation to the claim does not affect the operation of this section.

Part 2—Participation

Social Security Act 1991