Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:7_626
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 7 cl 626
Character Range: 198238–200798

626  Allowance not payable because of newstart participation failure

 (1) A newstart allowance is not payable to a person, for the period starting in accordance with section 627 and ending in accordance with section 628, if:
 (a) the person commits a newstart participation failure; and
 (b) the Secretary requires the person:
 (i) to comply with the requirement, or undertake the activity, to which the newstart participation failure relates; or
 (ii) to comply with a particular requirement, or undertake a particular activity, in place of the requirement or activity to which the failure relates;
  during the participation failure instalment period for the failure, or at a particular time during that period; and
 (c) the person fails to comply with the requirement.
However, paragraphs (b) and (c) do not apply in relation to a newstart participation failure of a kind referred to in paragraph 624(1)(h), (i) or (j).

 (2) This section does not apply in relation to the failure if:
 (a) the Secretary is satisfied that the person had a reasonable excuse for the failure referred to paragraph (1)(c); or
 (b) the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.

 (2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for a failure of a kind referred to in paragraph (1)(c).

 (2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for the failure referred to in paragraph (1)(c).

 (3) The participation failure instalment period for the newstart participation failure is:
 (a) if the failure is a failure of a kind referred to in paragraph 624(1)(h) or (i)—the next instalment period of the person to start after the end of the period specified in the notice under subsection 625(1) to which the failure relates; or
 (b) if the failure is a failure of a kind referred to in paragraph 624(1)(j)—the next instalment period of the person to start after the end of the period referred to in subparagraph 624(1)(j)(iii); or
 (c) otherwise—the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.

 (4) This section does not apply to a newstart participation failure if section 629 applies to the failure.