Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p7
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 17903–20867

that class of visas to be a class of visas for the purposes of subparagraph 7(6C)(c)(ii).

"(2) The declaration is a disallowable instrument.".

                          SCHEDULE 4 Section 4

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO A PERSON'S QUALIFICATION FOR DISABILITY SUPPORT PENSION OR DISABILITY WAGE SUPPLEMENT

1. Paragraph 94(1) (c):

Before "the person" insert "because of the impairment".

2. Paragraph 94(1B)(e):

Before "the person" insert "because of the impairment".

3. Subsections 94(2) and (3):

Omit the subsections, substitute:

"(2) A person has a continuing inability to work because of an impairment if the Secretary is satisfied that:

    (a) the impairment is of itself sufficient to prevent the person from doing any work within the next 2 years; and

    (b) either:

       (i) the impairment is of itself sufficient to prevent the person from undertaking educational or vocational training or on-the-job training during the next 2 years; or

       (ii) if the impairment does not prevent the person from undertaking educational or vocational training or on-the-job training—such training is unlikely (because of the impairment) to enable the person to do any work within the next 2 years.

Note: For 'work' see subsection (5).

"(3) 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:

    (a) the availability to the person of educational or vocational training or on-the-job training; or

    (b) if subsection (4) does not apply to the person—the availability to the person of work in the person's locally accessible labour market.".

4. Subsection 94(4):

Omit "equip", substitute "enable".

5. Subsection 94(5):

Insert:

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

SCHEDULE 4—continued

6. Paragraph 409(1) (c):

Before "the person" insert "because of the impairment".

7. Subsections 409(3) and (4):

Omit the subsections, substitute:

"(3) A person has a continuing inability to work because of an impairment if the Secretary is satisfied that:

    (a) the impairment is of itself sufficient to prevent the person from doing any work within the next 2 years; and

    (b) either:

       (i) the impairment is of itself sufficient to prevent the person from undertaking educational or vocational training or on-the-job training during the next 2 years; or

       (ii) if the impairment does not prevent the person from undertaking educational or vocational training or on-the-job training—such training is unlikely (because of the impairment) to enable the person to do any work within the 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