Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p8
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 20636–23669

next 2 years.

Note: For 'work' see subsection (6).

"(4) In deciding whether or not a person has a continuing inability to work because of an impairment, the Secretary is not to have regard to: on-the-job training; or

    (a) the availability to the person of educational or vocational training or

    (b) if subsection (5) does not apply to the person-the availability to the person of work in the person's locally accessible labour market

8. Subsection 409(5):

Omit "equip", substitute "enable" Subsection

9. Subsection 409(6):

Insert:

" 'on-the-job training' does not include a program designed specifically for people with physical, intellectual or psychiatric impairments;".

SCHEDULE 5 Section 4

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO WAITING PERIODS AND DEFERMENT PERIODS

1. Subsection 518(2):

After "person" insert "at any time during which the person".

2. Paragraph 518(2)(a):

Omit "who has started", substitute "is undertaking".

3. Paragraph 518(2)(b):

Omit "who".

4. Subsection 518(2) (Notes):

Omit the Notes, substitute:

"Note: For 'Employment Secretary' see section 23.".

5. Subsection 519(8):

Omit "Subsection (1) does not apply to a person", substitute "A person is not subject to a liquid assets test waiting period under subsection (1) at any time during which the person".

6. Paragraph 519(8)(a):

Omit "who has started", substitute "is undertaking".

7. Paragraph 519(8)(b):

Omit "who".

8. Subsection 535(4):

Omit "Subsection (1) does not apply to a person", substitute "A person is not subject to an unused annual leave waiting period under subsection (1) at any time during which the person".

9. Paragraph 535(4)(a):

Omit "who has started", substitute "is undertaking".

10. Paragraph 535(4) (b):

Omit "who".

11. Section 538:

Omit "A person", substitute "Subject to subsection (2), a person".

12. Paragraph 538(e):

Omit the paragraph.

SCHEDULE 5—continued

13. Section 538:

Add at the end (before the Notes):

"(2) A person is not subject to an ordinary waiting period under subsection (1) at any time during which the person:

      (a) is undertaking:

       (i) formal vocational training in a labour market program approved by the Employment Secretary; or

       (ii) a rehabilitation program approved by the Employment Secretary; and

      (b) has been exempted from the application of that subsection by the Employment Secretary.".

14. Subsection 540(1):

Add at the end:

"Note: For 'provisional commencement day' see section 533.".

15. Subsection 540(3):

Add at the end:

"Note: 'CES' means the Commonwealth Employment Service (see section 23).".

16. Subsection 540(4):

Omit "Subsection (1) does not apply to a person", substitute "A person is not subject to an education leavers waiting period under subsection (1) at any time during which the person".

17. Paragraph 540(4)(a):

Omit "who has started", substitute "is undertaking".

18. Paragraph 540(4)(b):

Omit "who".

19. Subsection 540(4) (Notes):

Omit the Notes, substitute:

"Note: For