Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p27
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 68240–70978

action or in a series of industrial actions if the Secretary is satisfied:

(a) the person's unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

    (b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and

  (c) the person was not a member of the trade union during the period.

"(3) Subsection (1) does not prevent a person from being qualified for a partner allowance in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

Note: For 'industrial action', 'trade union' and 'unemployment' see section 16.

"Subdivision B—Payability of partner allowance

Partner allowance not payable in certain situations

"771HC.(1) A partner allowance is not payable to a person for a period during which the person is qualified for partner allowance if during the period:

    (a) the person has not provided a tax file number for the person (see section 771HD) or for the person's partner (see section 771HE); or

    (b) the value of the person's assets exceeds the person's assets value limit (see section 771HF); or

    (c) a pension or another benefit is being paid to the person (see section 771HI); or

    (d) the person is receiving a payment under certain educational schemes (see section 771HJ); or

    (e) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 771HK); or

  (f) the person is receiving payments under a LEAP program; or

    (g) the partner allowance has not commenced to be payable (see sections 771HN and 771KD); or

    (h) a period of non-payment has been imposed because the person failed to comply with notification requirements (see section 771HO); or

    (i) the person has not nominated a bank account, credit union account or building society account for payment of the allowance (see section 771KK); or

  (j) the person is in gaol (see Part 3.13); or

     (k) the person is subject to a compensation preclusion period (see Part 3.14).

"(2) Subject to subsection (3), a partner allowance is not payable to a person if the person's partner allowance rate would be nil.

"(3) Subsection (2) does not apply to a person if the person's rate of partner allowance is nil merely because an advance pharmaceutical allowance has been paid to the person under:

  (a) Part 2.23 of this Act; or

  (b) Division 2 of Part VILA, of the Veterans' Entitlements Act.

Provision of person's tax file number

  "771HD.(1) A partner allowance is not payable to a person if:

    (a) the person is required under section 771IF