39Individual receiving a jobseeker payment, youth allowance, parenting payment or special benefit

#### 39 Individual receiving a jobseeker payment, youth allowance, parenting payment or special benefit (1) There is a Minister’s rules result under this section for an individual for a CCS fortnight, in relation to any child, if, on the first day of the fortnight, the individual receives one of the benefits under the Social Security Act 1991 covered by subsection (2). (2) The benefits covered by this subsection are each of the following, if receipt of the benefit is subject to requirements requiring the individual to engage in particular activities (qualifying activities) during the fortnight, or would be so subject if the individual were not exempt from those requirements under that Act: (a) a parenting payment; (b) a youth allowance; (c) a jobseeker payment; (d) a special benefit. (4) There is a Minister’s rules result of 100 for an individual if the sum of hours of qualifying activity and hours of recognised participation type is 48 or more. (4A) In this section: > hours of qualifying activity is the actual number of hours the individual engages in qualifying activities for the receipt of the relevant benefit during the fortnight. > hours of recognised participation type, in relation to participation types other than qualifying activities, if the other participation types are recognised participation types, is the number of hours the individual engages in those recognised participation types that would (apart from this section) count towards the individual’s increased hours result for the fortnight. > Note: Some participation types may be both qualifying activities and recognised participation types (for example, looking for paid work, for an individual receiving a jobseeker payment). Hours engaged in those participation types are covered by the definition of hours of qualifying activity. (5) Despite subsection (4), the Minister’s rules result for the individual for the fortnight, in relation to any child, is 100 if: (a) the individual is exempt under the Social Security Act 1991 from the requirement to engage in qualifying activities; and (b) the exemption is not because the individual is a home educator or a distance educator, or because of the number of children for whom the individual is the principal carer or main supporter. Note: For exemptions on the grounds mentioned in this paragraph, see section 542FA (Disabled children or other family circumstances) of the Social Security Act 1991 and section 40P (Caring responsibilities) of the Social Security (Administration) Act 1999.