Document ID: chunk:federal_register_of_legislation:C2025C00162:section:729:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 729 (pt 3/5)
Character Range: 1013118–1015812

is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph (2)(g)(i) applies is a person to whom that first‑mentioned paragraph applies only if:
 (a) the person would not qualify for disability support pension under section 94 or 95 if the person were an Australian resident; and
 (b) the person has attained the minimum age for youth allowance as determined in accordance with subsection 543A(1) but has not attained pension age; and
 (c) the person:
 (i) claims, or has claimed, special benefit on or after 1 January 2003 that is not continuous with any previous grant of special benefit; or
 (ii) if the person had not attained the minimum age for youth allowance as defined by subsection 543A(1) before 1 January 2003—is receiving special benefit granted before, or continuous with special benefit granted before, that date.
 (2B) A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f), throughout the period:
 (a) the following apply:
 (i) the person satisfies the employment pathway plan requirements;
 (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or
 (b) the following apply:
 (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements;
 (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.
Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1).
Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.
 (2C) For the purposes of paragraph (2)(h), an assurance of support applies to a person at a particular time if:
 (a) an assurance of support is in force in respect of the person (the assuree) at that time; and
 (b) the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and
 (c) it was reasonable for the assuree to accept that support.
Note: For assurance of support see subsection 23(1).
 (2D) For the avoidance of doubt, if, at any time during the period for which special benefit is granted to a person, the person's circumstances