45Case Management Activity Agreements to supersede Newstart Activity Agreements and Youth Training Activity Agreements

#### 45 Case Management Activity Agreements to supersede Newstart Activity Agreements and Youth Training Activity Agreements Persons to whom this section applies (1) This section applies to a person who is a participant in the case management system throughout a particular period (the participation period). Case management period (2) For the purposes of this section, the person’s case management period is the period: (a) beginning on the first occasion during the participation period when a decision under Part 4.3 referring the person to a case manager took effect; and (b) ending at the end of the participation period. Newstart Activity Agreement and Youth Training Activity Agreement superseded (3) If: (a) the person was a party to a Newstart Activity Agreement or a Youth Training Activity Agreement that was in force immediately before the beginning of the person’s case management period; and (b) the person enters into a Case Management Activity Agreement with a case manager; the Newstart Activity Agreement or Youth Training Activity Agreement, as the case requires, ceases to be in force immediately before the Case Management Activity Agreement comes into force. Participant not to be required to enter into a Newstart Activity Agreement or Youth Training Activity Agreement (4) The person is not to be required to enter into a Newstart Activity Agreement or a Youth Training Activity Agreement during the person’s case management period. Qualification for newstart allowance or youth training allowance (5) The person is not qualified for a newstart allowance or a youth training allowance in respect of a period unless (in addition to meeting any other requirements set out in the Social Security Act 1991 or Part 8 of the Student and Youth Assistance Act 1973, as the case may be): (a) when the person is required under section 38 to enter into a Case Management Activity Agreement in relation to the period, the person enters into that agreement; and (b) while the agreement is in force, the person satisfies the Employment Secretary that the person is taking reasonable steps to comply with the terms of the agreement; and (c) at all times during the period when the person is a party to the agreement, the person is prepared to enter into another such agreement instead of the existing agreement if required to do so under section 38. Compliance with Case Management Activity Agreement (6) For the purposes of paragraph (5)(b), a person is taking reasonable steps to comply with the terms of a Case Management Activity Agreement unless the person has failed to comply with the terms of the agreement and: (a) the main reason for failing to comply involved a matter that was within the person’s control; or (b) the circumstances that prevented the person from complying were reasonably foreseeable by the person. Modification of power to treat person as unemployed for the purposes of the Social Security Act 1991 (7) During the person’s case management period, section 595 of the Social Security Act 1991 has effect, in relation to the person, as if a reference in that section to a Newstart Activity Agreement were a reference to a Case Management Activity Agreement. Modification of power to treat person as unemployed for the purposes of Part 8 of the Student and Youth Assistance Act 1973 (8) During the person’s case management period, section 68 of the Student and Youth Assistance Act 1973 has effect, in relation to the person, as if a reference in that section to a Youth Training Activity Agreement were a reference to a Case Management Activity Agreement. Modification of activity test requirements under the Social Security Act 1991 (9) During the person’s case management period, section 601 of the Social Security Act 1991 has effect, in relation to the person, as if a reference in that section to a Newstart Activity Agreement between the CES and the person were a reference to a Case Management Activity Agreement between a case manager and the person. Modification of activity test requirements under Part 8 of the Student and Youth Assistance Act 1973 (10) During the person’s case management period, section 75 of the Student and Youth Assistance Act 1973 has effect, in relation to the person, as if a reference in that section to a Youth Training Activity Agreement between the Commonwealth Employment Service and the person were a reference to a Case Management Activity Agreement between a case manager and the person. Modification of rules in the Social Security Act 1991 relating to failure to enter into, or to comply with, agreements (11) During the person’s case management period, sections 608, 625 and 626 of the Social Security Act 1991 have effect, in relation to the person, as if a reference in those sections to a Newstart Activity Agreement were a reference to a Case Management Activity Agreement. Modification of rules in Part 8 of the Student and Youth Assistance Act 1973 relating to failure to enter into, or to comply with, agreements (12) During the person’s case management period, sections 104 and 105 of the Student and Youth Assistance Act 1973 have effect, in relation to the person, as if a reference in those sections to a Youth Training Activity Agreement were a reference to a Case Management Activity Agreement. Modification of rules in the Social Security Act 1991 relating to enrolment in a full‑time course of education etc. (13) During the person’s case management period, section 613 of the Social Security Act 1991 has effect, in relation to the person, as if a reference in that section to a Newstart Activity Agreement were a reference to a Case Management Activity Agreement. This section has effect despite the Social Security Act 1991 and Part 8 of the Student and Youth Assistance Act 1973 (14) This section has effect despite anything in the Social Security Act 1991 and Part 8 of the Student and Youth Assistance Act 1973. Definitions (15) In this section: > case management period has the meaning given by subsection (2). > newstart allowance has the same meaning as in the Social Security Act 1991. > Newstart Activity Agreement has the same meaning as in the Social Security Act 1991. > participation period has the meaning given by subsection (1). > youth training allowance has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973. > Youth Training Activity Agreement has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.