40JEmployment pathway plans not to contain requirements to participate in an approved program of work

40J  Employment pathway plans not to contain requirements to participate in an approved program of work Parenting payment  (1) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving parenting payment, must not require the person to participate in an approved program of work for income support payment if:  (i) if the person’s rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A of the 1991 Act—because of the application of Module E of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or  (ii) if the person’s rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B of the 1991 Act—because of the application of Module D of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or  (b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies. Youth allowance  (2) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a youth allowance, must not require the person to participate in an approved program of work for income support payment if:  (a) the person is under 18 years of age; or  (b) the person is undertaking full‑time study (see section 541B of the 1991 Act); or  (c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the person is receiving the youth allowance at a rate that has been reduced; or  (d) the program of work requires the person to move from a home in one place to a home in another place. Jobseeker payment  (3) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a jobseeker payment, must not require the person to participate in an approved program of work for income support payment if:  (a) because of the application of Module G of Benefit Rate Calculator B in section 1068 of the 1991 Act, the person is receiving the jobseeker payment at a rate that has been reduced; or  (b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies. Special benefit  (4) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a special benefit, must not require the person to participate in an approved program of work for income support payment if:  (a) the person is under 18 years of age; or  (b) the person or the person’s partner has income; or  (c) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.