Commonwealth Consolidated Acts

EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION AMENDMENT (WELFARE TO WORK AND OTHER MEASURES) ACT 2005 - SCHEDULE 13

Social Security Act 1991

1   Subparagraph 1061PE(4)(d)(i)

Omit "or a pension PP (single)", substitute ", a pension PP (single), a youth allowance or a newstart allowance".

2   After paragraph 1061PJ(2)(d)

Insert:

  (da)   subject to subsection   ( 2A), a youth allowance;

  (db)   subject to subsection   ( 2B), a newstart allowance;

3   After subsection 1061PJ(2)

Insert:

  (2A)   Paragraph   ( 2)(da) only applies if:

  (a)   the person receiving the payment:

  (i)   has a partial capacity to work; and

  (ii)   on the day (being a day occurring on or after 1   July 2006) immediately before the person last qualified for a youth allowance, was a transitional DSP applicant and was receiving a disability support pension; and

  (iii)   on that day ceased to be qualified for that disability support pension because he or she no longer had a continuing inability to work within the meaning of section   94; and

  (iv)   on that day was qualified for a pensioner education supplement in relation to a particular course of education or study; or

  (b)   the person receiving the payment:

  (i)   is the principal carer of at least one child and is not a member of a couple; and

  (ii)   on the day (being a day occurring on or after 1   July 2006) immediately before the person last qualified for a youth allowance, was receiving a pension (PP) single; and

  (iii)   on that day ceased to be qualified for a parenting payment because he or she no longer had a PP child for the reason that his or her youngest dependent child had turned 8; and

  (iv)   on that day was qualified for a pensioner education supplement in relation to a particular course of education or study;

and the person has:

  (c)   at all times since that day, been qualified both for:

  (i)   a youth allowance; and

  (ii)   a pensioner education supplement in relation to that particular course of education or study; and

  (d)   at no time since that day, either undertaken full - time study or been a new apprentice.

Note 1:   For partial capacity to work see section   16B.

Note 2:   For transitional DSP applicant see subsection 23(1).

Note 3:   For principal carer see subsections 5(15) to (24).

Note 4:   For undertaking full - time study see section   541B.

Note 5:   For new apprentice see subsection 23(1).

  (2B)   Paragraph   ( 2)(db) only applies if:

  (a)   the person receiving the payment:

  (i)   has a partial capacity to work; and

  (ii)   on the day (being a day occurring on or after 1   July 2006) immediately before the person last qualified for a newstart allowance, was a transitional DSP applicant and was receiving a disability support pension, or was receiving a youth allowance in respect of which subsection   ( 2A) applied; and

  (iii)   if he or she was receiving a disability support pension--on that day ceased to be qualified for it because he or she no longer had a continuing inability to work within the meaning of section   94; and

  (iv)   on that day was qualified for a pensioner education supplement in relation to a particular course of education or study; or

  (b)   the person receiving the payment:

  (i)   is the principal carer of at least one child and is not a member of a couple; and

  (ii)   on the day (being a day occurring on or after 1   July 2006) immediately before the person last qualified for a newstart allowance, was receiving a pension (PP) single, or was receiving a youth allowance in respect of which subsection   ( 2A) applied; and

  (iii)   if he or she was receiving a pension (PP) single--on that day ceased to be qualified for a parenting payment because he or she no longer had a PP child for the reason that his or her youngest dependent child had turned 8; and

  (iv)   on that day was qualified for a pensioner education supplement in relation to a particular course of education or study;

and the person has, at all times since that day, been qualified both for:

  (c)   a newstart allowance; and

  (d)   a pensioner education supplement in relation to that particular course of education or study.

Note 1:   For partial capacity to work see section   16B.

Note 2:   For transitional DSP applicant see subsection 23(1).

Note 3:   For principal carer see subsections 5(15) to (24).

4   After subparagraph 1061PZG(1)(b)(i)

Insert:

  (ia)   a youth allowance or newstart allowance under this Act, in a case where the person has a partial capacity to work;

5   At the end of subsection 1061PZG(1)

Add:

Note 1:   Recipients of youth allowance or newstart allowance only qualify for pensioner education supplement in the limited circumstances set out in subsection 1061PJ(2A) or (2B).

Note 2:   For partial capacity to work see section   16B.