Document ID: chunk:federal_register_of_legislation:C2020C00377:section:6
Version: federal_register_of_legislation:C2020C00377
Segment Type: section
Provision Reference: s 6
Character Range: 14167–16040

6  Eligibility

Eligibility
 (1) A person is eligible for the BSWAT payment scheme if the person meets the conditions in subsections (2), (3) and (4).

Eligible day
 (2) The person meets the condition in this subsection if there is at least one day for the person in the period starting on 1 January 2004 and ending on 31 January 2015 in respect of which:
 (a) the person had an intellectual impairment; and
 (b) the person was employed by an Australian Disability Enterprise; and
 (c) the person was provided with employment support by the Australian Disability Enterprise; and
 (d) either:
 (i) the person was paid a training wage while waiting for a BSWAT assessment to be completed; or
 (ii) the minimum wage payable to the person was worked out using a BSWAT assessment of the person (for this purpose, it does not matter if the person was actually paid a higher wage).
Any such day is an eligible day for the person.
 (2A) Despite subsection (2), a person does not meet the condition in that subsection, and there is no eligible day for the person, if the day that (apart from this subsection) would have been the earliest eligible day for the person is later than 28 May 2014.

Ongoing daily support in the workplace
 (3) The person meets the condition in this subsection if the person required ongoing daily support in the workplace in order to maintain the person's employment in the Australian Disability Enterprise.

No alternative amount
 (4) The person meets the condition in this subsection if there is no alternative amount for the person.

Effect of person's death
 (5) A person who was eligible for the BSWAT payment scheme immediately before his or her death, or who would have been so eligible if this Act had been in force on the day he or she died, continues to be eligible for the BSWAT payment scheme despite his or her death.
Note: See section 97.