Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:2_94a:p2
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 2 cl 94A (pt 2/3)
Character Range: 38512–41217

undertake training activities during the 2 year period—the person undertook during that period the type and number of training activities that the Secretary considers were appropriate for the person; and
 (j) the person meets the residency test in subsection (5); and
 (k) the person has turned 16.

 (2) A person has a current inability to work because of an impairment if the Secretary is satisfied that the impairment is of itself sufficient to prevent the person from doing any work independently of a program of support.

Note: For work see subsection (8).

 (3) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person:
 (a) is unlikely to need a program of support that:
 (i) is designed to assist the person to prepare for, find or maintain work; and
 (ii) is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or
 (b) is likely to need such a program of support provided occasionally; or
 (c) is likely to need such a program of support that is not ongoing.

 (4) In deciding whether or not a person has a current inability to work because of an impairment, the Secretary is not to have regard to the availability to the person of work in the person's locally accessible labour market.

 (5) A person meets the residency test if the person:
 (a) is an Australian resident at the time when the person first satisfies paragraph (1)(b); or
 (b) has 10 years qualifying Australian residence, or has a qualifying residence exemption for a disability support pension; or
 (c) is born outside Australia and, at the time when the person first satisfies paragraph (1)(b), the person:
 (i) is not an Australian resident; and
 (ii) is a dependent child of an Australian resident;
  and the person becomes an Australian resident while a dependent child of an Australian resident.

Note: For Australian resident, qualifying Australian residence and qualifying residence exemption see section 7.

Person not qualified in certain circumstances

 (6) A person is not qualified for a disability support pension on the basis of a current inability to work if the person brought about the inability with a view to obtaining:
 (a) a disability support pension or a sickness allowance; or
 (b) an exemption, because of the person's incapacity, from the requirement to satisfy the activity test for the purposes of a social security benefit or a social security entitlement (other than a disability support pension).

Note: A person who is receiving a disability support pension may be automatically transferred