Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:1_501a:p1
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 1 cl 501A (pt 1/2)
Character Range: 17825–20549

501A  Parenting payment participation agreements—requirement

Requirement to enter into agreement

 (1) Subject to this section, if:
 (a) a person is claiming or receiving parenting payment; and
 (b) the PP child or, if more than one, the youngest PP child, of the person has turned 13 years; and
 (c) the person is not an exempt person within the meaning of subsection (2) or (2A);
the Secretary may require the person to enter into a participation agreement.

Exempt persons

 (2) For the purposes of subsection (1), a person is an exempt person if the person has:
 (a) a PP child who is a profoundly disabled child within the meaning of section 197; or
 (b) two or more PP children;
 (i) who are disabled children; and
 (ii) who, in the Secretary's opinion, require a level of care at least equivalent to the level of care required by a profoundly disabled child; or
 (c) a PP child who suffers from a physical, intellectual or psychiatric disability that is specified in a determination made under subsection 38D(3) to be a recognised disability for the purposes of section 953.

Exempt persons‑periodic exemptions

 (2A) For the purposes of subsection (1), a person is an exempt person for a particular period determined by the Secretary under this subsection if:
 (a) the person has one or more PP children:
 (i) who suffer from a physical, intellectual or psychiatric disability or illness; and
 (ii) whose care needs are such that the person could not be reasonably expected at that time to comply with the terms of a participation agreement; or
 (b) a critical event occurs that was not within the person's control (eg family or personal crisis, the Secretary is satisfied the person has separated from his or her partner on a permanent or indefinite basis in the past 26 weeks, person's house burning down, evidence of domestic violence, serious illness of PP children or an accumulation of stressful personal circumstances which the Secretary is satisfied would, in combination, require full‑time effort to address) and, as a result, the person is temporarily unable to comply with the terms of a participation agreement.

 (2B) At any one time the maximum period for which the Secretary may determine that a person is an exempt person under subsection (2A) is:
 (a) if paragraph (2A)(a) applies to the person—12 months;
 (b) if paragraph (2A)(b) applies to the person—26 weeks.

 (2C) The Secretary may make more than one determination under subsection (2A) in respect of a person.

Requirement to enter into another agreement

 (3) The Secretary may require a person who is a party to a participation agreement that is in force to enter into another such agreement instead of the existing one.

Reasons for