Document ID: chunk:federal_register_of_legislation:C2022A00032:clause:1_156:p1
Version: federal_register_of_legislation:C2022A00032
Segment Type: clause
Provision Reference: sch 1 cl 156 (pt 1/3)
Character Range: 81648–84409

156  Application and transitional provisions—exemptions from employment pathway plan requirements

Temporary incapacity
(1) If, immediately before the commencement of this item:
 (a) section 502H, Subdivision BA of Division 1 of Part 2.12 or section 731K of the Social Security Act 1991 applied in relation to a person; or
 (b) section 542A of the Social Security Act 1991 applied in relation to a person, where subparagraph 542A(1)(a)(ia) or (ii) of that Act applied in relation to the person;
then:
 (c) on the day this item commences, the Employment Secretary is taken to have made a determination under section 40L of the Social Security (Administration) Act 1999 in relation to the person because of the circumstance referred to in paragraph 40L(5)(a) of that Act; and
 (d) if the person is receiving parenting payment, youth allowance or jobseeker payment—subject to subsection 40L(6) of the Social Security (Administration) Act 1999, that determination remains in effect for the balance of the person's maximum exemption period (or of that period as extended under the Social Security Act 1991 before the commencement of this item) referred to in section 502K, 542C or 603F of the Social Security Act 1991, as in force immediately before that commencement; and
 (e) if the person is receiving special benefit—subject to subsection 40L(6) of the Social Security (Administration) Act 1999, that determination remains in effect on and after that commencement.

Death of person's partner
(2) If:
 (a) before the commencement of this item:
 (i) a person was covered by a participation exemption in respect of a period because of subsection 502BA(1) or (2) of the Social Security Act 1991; or
 (ii) a person had a death of partner exemption in respect of a period because of subsection 542EA(1) or (2) of the Social Security Act 1991; or
 (iii) a person was not required to satisfy the activity test in respect of a period because of subsection 602AA(1) or (2) or 731DAA(1) or (2) of the Social Security Act 1991; and
 (b) that period had not ended immediately before that commencement;
then, on and after that commencement, the person is not required under section 40M of the Social Security (Administration) Act 1999 to satisfy the employment pathway plan requirements in respect of the balance of that period.

Domestic violence
(3) If:
 (a) before the commencement of this item:
 (i) a person was covered by a participation exemption in respect of a period because of a determination made under section 502C of the Social Security Act 1991; or
 (ii) a person had a domestic violence or other special family circumstances exemption in respect of a period because of a determination made under section 542F of the Social Security Act 1991; or
 (iii) a person