Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1061em:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1061EM (pt 1/2)
Character Range: 1247080–1249792

1061EM  Qualification for special employment advance
 (1) Subject to section 1061EO, a person is qualified for a special employment advance at a particular time (the relevant time) only if:
 (a) the person is qualified for a special employment advance qualifying entitlement at the relevant time; and
 (b) the person has been receiving an income support payment for a continuous period of 3 months immediately before the day on which the person's claim for the special employment advance is made; and
 (c) either of the following applies:
 (i) the person or, if the person is a member of a couple, the person's partner has earned from casual work in Australia, but has not received, income (the unreceived income);
 (ii) the Secretary is satisfied that the person has received a definite offer of employment in Australia (the offered employment) for a period of not less than 6 weeks and needs financial assistance from the Commonwealth to enable him or her to take up the employment; and
 (d) subsection (2) or (3), as the case requires, applies for the purpose of determining whether the person is qualified for a special employment advance at the relevant time; and
 (e) where subparagraph (c)(i) applies—the person is in severe financial hardship; and
 (f) the Secretary is satisfied that the person will not suffer financial hardship as a result of the recovery by the Commonwealth of the special employment advance.
 (2) This subsection applies for the purpose of determining whether a person is qualified for a special employment advance at the relevant time only where:
 (a) the person's claim for the advance was based on the effect of the unreceived income on the person's special employment advance qualifying entitlement; and
 (c) either of the following subparagraphs applies:
 (i) if the person were qualified for the special employment qualifying entitlement on the next payday for the entitlement at a rate equal to the maximum basic rate of the entitlement, the rate of the entitlement on that payday would be reduced by at least 50% as a result of the person or the person's partner having earned the unreceived income;
 (ii) subparagraph (i) does not apply in respect of the person but, if the person were qualified for the special employment qualifying entitlement on 2 or more paydays for the entitlement at a rate equal to the maximum basic rate of the entitlement, the average of the rates of the entitlement on those paydays would be reduced by at least 50% as a result of the person or the person's partner having earned the unreceived income.
 (3) This subsection applies for the purpose of determining whether a person is qualified for a special employment advance at the relevant time