Document ID: chunk:federal_register_of_legislation:F2019C00185:reg:11:p1
Version: federal_register_of_legislation:F2019C00185
Segment Type: reg
Provision Reference: reg 11 (pt 1/2)
Character Range: 12520–15400

11  Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable for certain failures
  Unemployment preclusion period
 (1) If:
 (a) a person is not a declared program participant;
 (b) the person makes a claim for a participation payment;
 (c) the Secretary makes a determination under subsection 42AH(2) of the Administration Act in relation to the person;
 (d) the determination results in a participation payment not being payable to the person for a period (the unemployment preclusion period);
 (e) the person subsequently becomes a declared program participant; and
 (f) the unemployment preclusion period has not ended on the day the person becomes a declared program participant;
  then:
 (g) a participation payment (whether or not the same as the participation payment that was claimed) is not payable to the person; and
 (h) section 42AQ of the Administration Act (with the exception of paragraph 42AQ(a)) applies to the person as though the person was not a declared program participant;
  for the unemployment preclusion period.
  Serious failure period
 (2) If:
 (a) a person is a declared program participant;
 (b) either before or after the person becomes a declared program participant, the Secretary makes a determination under sections 42M or 42N and a determination under section 42NC of the Administration Act in relation to a person;
 (c) the determination or determinations result in the person's participation payment not being payable for a period under subsection 42P(1) (the serious failure period);
 (d) the person subsequently ceases to be a declared program participant; and
 (e) the person's serious failure period has not ended on the day the person ceases to be a declared program participant;
  then:
 (f) a participation payment (whether or not the same as the participation payment that was claimed) is not payable to the person; and
 (g) sections 42Q, 42R, 131 and 145 of the Administration Act apply to the person as though the person remained a declared program participant;
  for the person's serious failure period.
 (3) If, in relation to a person to whom subsection (2) applies:
 (a) the Secretary imposes a serious failure requirement on the person under subsection 42P(3) of the Administration Act (the serious failure requirement); and
 (b) on the day the person's serious failure period ends, the person has not satisfied the serious failure requirement;
  then the person is taken, on the day the person's serious failure period ends, to have satisfied the serious failure requirement.
  Unemployment non‑payment period
 (4) If:
 (a) a person is a declared program participant;
 (b) either before or after the person becomes a declared program participant, the Secretary makes a determination under subsection 42S(1) of the Administration Act in relation to the