38Refusal of claim for special employment advance

38  Refusal of claim for special employment advance  (1) Subject to subsection (2), the Secretary must refuse a claim for special employment advance if:  (a) the claim is based on the effect of unreceived income on the claimant’s special employment advance qualifying entitlement; and  (b) the Secretary is satisfied that the income will be received within 2 days after the claim is made.  (2) Subsection (1) does not apply if the Secretary considers that the claimant’s financial needs are such that the claim should be granted. unreceived income has the same meaning as in subsection 1061EM(1) of the 1991 Act.