Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_39
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 39
Character Range: 100530–103120

39  Individual receiving a jobseeker payment, youth allowance, parenting payment or special benefit
 (1) There is a Minister's rules result under this section for an individual for a CCS fortnight, in relation to any child, if, on the first day of the fortnight, the individual receives one of the benefits under the Social Security Act 1991 covered by subsection (2).
 (2) The benefits covered by this subsection are each of the following, if receipt of the benefit is subject to requirements requiring the individual to engage in particular activities (qualifying activities) during the fortnight, or would be so subject if the individual were not exempt from those requirements under that Act:
 (a) a parenting payment;
 (b) a youth allowance;
 (c) a jobseeker payment;
 (d) a special benefit.

 (4) The Minister's rules result for the individual for the fortnight, in relation to any child, is the higher of the following:
 (a) 36;
 (b) the recognised activity result that would apply for the fortnight if the individual engaged in recognised activity for the number of hours worked out as follows:

  where:
hours of qualifying activity is the actual number of hours the individual engages in qualifying activities for the receipt of the relevant benefit during the fortnight.
hours of recognised activity, in relation to activities other than qualifying activities, if the other activities are recognised activities, is the number of hours the individual engages in those recognised activities that would (apart from this section) count towards the individual's recognised activity result for the fortnight.
Note: Some activities may be both qualifying activities and recognised activities (for example, looking for paid work, for an individual receiving a jobseeker payment). Hours engaged in those activities are covered by the definition of hours of qualified activity.
 (5) Despite subsection (4), the Minister's rules result for the individual for the fortnight, in relation to any child, is 100 if:
 (a) the individual is exempt under the Social Security Act 1991 from the requirement to engage in qualifying activities; and
 (b) the exemption is not because the individual is a home educator or a distance educator, or because of the number of children for whom the individual is the principal carer or main supporter.
Note: For exemptions on the grounds mentioned in this paragraph, see section 542FA (Disabled children or other family circumstances) of the Social Security Act 1991 and section 40P (Caring responsibilities) of the Social Security (Administration) Act 1999.