Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p18
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
Provision Reference: 
Character Range: 44676–47784

to be payable in circumstances that do not involve the application of an automatic deferment provision of this Subdivision.

    Note: For 'administrative breach deferment period' and "automatic deferment provision' see subsection 23(1).".

Secretary may continue payment pending outcome of application for review

37. Section 1241 of the Principal Act is amended by omitting paragraph (1)(b) and substituting the following paragraph:

    "(b) the adverse decision:

        (i) depends on the exercise of a discretion by a person or the holding of an opinion by a person; or

        (ii) would result in the application of a deferment period: and

    Note: For 'deferment period' see section 23.".

Insertion of new section

38. After section 1241 of the Principal Act the following section is inserted:

Guidelines for exercise of Secretary's power to continue payment

"1241A.(1) The Minister, by determination in writing:

    (a) is to set guidelines for the exercise of the Secretary's power to make declarations under subsection 1241(1) in relation to social security payments to persons who are subject to deferment periods; and

    (b) may revoke or vary those guidelines.

    Note: For 'deferment period' see section 23.

"(2) A determination made under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.".

Further amendments relating to deferment periods

39. The Principal Act is further amended as set out in the Schedule.

__________

 SCHEDULE Section 39

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
RELATING TO DEFERMENT PERIODS

1. Section 3:

Omit from the Index:
"NS automatic deferment provision     23(1)
NS discretionary deferment provision  23(1)".

2. Section 3:

Insert in the Index the following entries in their respective appropriate alphabetical positions (determined on a letter-by-letter basis):
"activity test deferment period                 23(1)
administrative breach deferment period          23(1)
deferment period                                23(1)
discretionary deferment provision               23(1)
NS allowance automatic deferment provision      23(1)
NS allowance discretionary deferment provision  23(1)".

3. Subsection 23(1):

Insert:

" 'deferment period' means an activity test deferment period or an administrative breach deferment period;".

4. Subsection 542(1):

Omit the subsection, substitute:

"(1) A job search allowance is not payable to a person for the activity test deferment period if:

    (a) the person is required to satisfy the activity test in order to qualify, or to continue to qualify, for a job search allowance; and

    (b) the person fails to satisfy the activity test.".

5. Subsection 542AO):

Omit the subsection, substitute:

"(1) A job search allowance is not payable to a person for the activity test deferment period if:

    (a) the person is required to enter into a Job Search Activity Agreement in order to qualify, or to continue to qualify, for a job search allowance; and

    (b) the person fails to enter into a Job Search Activity Agreement.".