Document ID: chunk:federal_register_of_legislation:C2015C00322:clause:3_4
Version: federal_register_of_legislation:C2015C00322
Segment Type: clause
Provision Reference: sch 3 cl 4
Character Range: 73544–75800

4  Subsection 94(5)
Insert:
reviewed 2008‑2011 DSP starter means a person for whom all the following conditions are met:
 (a) the person made (or is taken to have made) a claim for disability support pension before 3 September 2011;
 (b) a determination granting the claim took effect after 2007;
 (c) on or after 1 July 2014 the person was given a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person's qualification for that pension;
 (d) when the notice was given, the person was under 35 years of age;
 (e) before the notice was given, either:
 (i) there was a record that the Secretary was satisfied that the person was able to do work that was for at least 8 hours per week on wages at or above the relevant minimum wage and that existed in Australia, even if not within the person's locally accessible labour market; or
 (ii) there was no record that the Secretary had considered whether the person was able to do work described in subparagraph (i);
 (f) after the notice was given, the Secretary decided not to determine under section 80 of the Administration Act that the disability support pension for the person is to be cancelled;
 (g) as a result of the assessment involving the notice, the Secretary is satisfied that the person:
 (i) does not have a severe impairment within the meaning of subsection (3B); and
 (ii) is able to do work that is for at least 8 hours per week on wages at or above the relevant minimum wage and that exists in Australia, even if not within the person's locally accessible labour market;
 (h) the person does not have a dependent child under 6 years of age.
Note 1: Section 63 of the Administration Act lets the Secretary notify a person that the person must give information to the Secretary or undergo a medical, psychiatric or psychological examination and give the Secretary a report on the examination.
Note 2: Section 80 of the Administration Act lets the Secretary determine that disability support pension paid to a person is to be cancelled if the person is not or was not qualified for the pension, or if the pension is not or was not payable to the person (which may apply because the person did not comply with the notice under section 63 of that Act).