Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p15
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
Provision Reference: 
Character Range: 36994–39755

Application of activity test deferment periods before claims for newstart allowance

"630BA.(1) Subject to subsection (2) of this section and section 630BB, if:

    (a) at a time when the person was not qualified for a newstart allowance, an event occurred that resulted in an automatic deferment provision of this Subdivision applying to the person; and

    (b) before the end of the resulting activity test deferment period that would have applied to the person (assuming that the deferment period had commenced on the day on which the event occurred), the person made a claim for a newstart allowance;

the deferment period is taken to have commenced on the day after the day on which the event occurred.

"(2) Subsections 630B(3), (4) and (5) apply in relation to an activity test deferment period referred to in subsection (1) of this section in the same way that they apply to an activity test deferment period referred to in subsection (1) of that section.

"(3) Subject to section 630BB, if:

    (a) at a time when the person was not qualified for a newstart allowance, an event occurred that resulted in an automatic deferment provision of this Subdivision applying to the person; and

    (b) the person made a claim for a newstart allowance after the end of the resulting activity test deferment period that would have applied to the person (assuming that the deferment period had commenced on the day on which the event occurred);

then:

    (c) the deferment period is taken to have commenced and to have ended before the claim was made; and

    (d) the Secretary is not obliged to give to the person a written notice under subsection 630B(1) in respect of the deferment period.

    Note: For 'activity test deferment period' and 'automatic deferment provision' see subsection 23(1).

Waiting periods

"630BB.(1) If, under this Subdivision, an activity test deferment period that applies to a person would (apart from this subsection) commence at the same time as, or during, a waiting period that applies to the person, the deferment period is taken to commence immediately after the end of the waiting period.

"(2) If a waiting period that applies to a person commences during an activity test deferment period that applies to the person:

    (a) the deferment period is taken to be suspended for the duration of the waiting period; and

    (b) the remainder of the deferment period continues immediately after the end of the waiting period.

"(3) If a waiting period applies to a person and:

    (a) another waiting period commences during that waiting period and continues after the end of that waiting period; or

    (b) another waiting period commences immediately after the end of that waiting period;

a reference in subsection