Document ID: chunk:federal_register_of_legislation:F2019C00185:reg:8:p1
Version: federal_register_of_legislation:F2019C00185
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 6929–9692

8  Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable
 (1) If:
 (a) a person is not a declared program participant;
 (b) the Secretary makes a determination under Division 3AA of Part 3 of the Administration Act in relation to the person (other than a determination under paragraph 42AF(2)(d) or subsections 42AG(2), 42AH(1) or 42AH(2) of the Administration Act);
 (c) the determination results in a participation payment not being payable to the person for a period;
 (d) the person subsequently becomes a declared program participant; and
 (e) the period has not ended on the day the person becomes a declared program participant;
  then the period is taken to have ended on the day before the day the person becomes a declared program participant.
 (2) If the period in paragraph 1(c) is taken to have ended under subsection (1), then, for the purposes of (but subject to) the social security law, the participation payment is taken to be payable to the person from the start of the period.
Note 1: Determinations under paragraph 42AF(2)(d) and subsections 42AG(2) and 42AH(1) of the Administration Act result in the cancellation of a person's payment, and participation payments not being payable to the person for a 'post‑cancellation non‑payment period': see section 42AP of the Administration Act. The effect of becoming a declared program participant during this period is dealt with in section 13 of this instrument.
Note 2: A determination under subsection 42AH(2) of the Administration Act results in participation payments not being payable to the person for an 'unemployment preclusion period'. The effect of becoming a declared program participant during this period is dealt with in subsection 11(1) of this instrument.
 (3) 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 Division 3A of Part 3 of the Administration Act in relation to the person (other than a determination under sections 42M, 42N and 42NC or subsection 42S(1) of the Administration Act);
 (c) the determination results in a participation payment not being payable to the person for a period;
 (d) the person subsequently ceases to be a declared program participant; and
 (e) the period has not ended on the day the person ceases to be a declared program participant;
  then the period is taken to have ended on the day before the day the person ceases to be a declared program participant.
 (4) If the period in paragraph 3(c) is taken to have ended under subsection (3), then, for the purposes of (but subject to) the social security law, the participation payment becomes