Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:2_13
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 2 cl 13
Character Range: 84114–85903

13  At the end of section 748
Add:

 (2) If:
 (a) special benefit becomes not payable to a person because of:
 (i) a failure to enter into a Special Benefit Activity Agreement; or
 (ii) an unreasonable delay in entering into a Special Benefit Activity Agreement; or
 (iii) a failure to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement; and
 (b) the person is at least 50 years of age at the time of the activity test breach referred to in paragraph (a); and
 (c) the Secretary is satisfied that, not more than 26 weeks after the start of the activity test rate reduction period applicable to the person by reason of the breach referred to in paragraph (a), the person:
 (i) has entered into such a Special Benefit Activity Agreement; or
 (ii) is no longer unreasonably delaying entering into such a Special Benefit Activity Agreement; or
 (iii) is taking reasonable steps to comply, or to resume compliance, with the terms of a Special Benefit Activity Agreement that is in force in respect of the person or if there is no Special Benefit Activity Agreement in force in respect of the person, with the terms of the Special Benefit Activity Agreement that was in force in respect of the person immediately before the commencement of the non‑payment period;
  as the case requires;
this Act has effect, for the purpose only of determining the payability of special benefit during the balance of the rate reduction period, as if the rate reduction period had never applied.

 (3) A determination that a person has commenced to take reasonable steps as referred to in subparagraph (2)(c)(iii) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or at a later date.