Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:7_8
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 7 cl 8
Character Range: 165908–167779

8  After subsection 593(1C)
Insert:

 (1D) Subject to sections 596, 596A and 598, a person is qualified for a newstart allowance, in respect of the period starting in accordance with subsection (1E) and ending in accordance with subsection (1F), if:
 (a) the person satisfies the Secretary that throughout the period the person is unemployed; and
 (b) throughout the period the person:
 (i) has reached the age of 21 years and has not reached the pension age; and
 (ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and
 (c) the person was not in receipt of a youth allowance during the period; and
 (d) the person has made, or is taken to have made, a claim for newstart allowance; and
 (e) the person satisfies the Secretary that it is likely that the person has a permanent medical condition that would prevent the person from undertaking full‑time work; and
 (f) the person satisfies the Secretary that it would be unreasonable to expect the person to satisfy the activity test until an assessment of the person's capacity to work has been undertaken.

 (1E) The period for which the person is qualified for a newstart allowance under subsection (1D) starts:
 (a) if the person is already receiving newstart allowance when the Secretary becomes aware of the medical condition referred to in paragraph (1D)(e)—when the Secretary becomes aware of the medical condition; or
 (b) otherwise—when the person made, or is taken to have made, the claim for newstart allowance.

 (1F) The period for which the person is qualified for a newstart allowance under subsection (1D) ends:
 (a) if the person has failed to comply with a requirement to enter into a Newstart Activity Agreement—on the day on which the person so failed; or
 (b) in any other case—when the person enters into a Newstart Activity Agreement.