schooling requirement person has the meaning given by section 124.
serious failure has the meanings given by subsections 42M(1) and 42N(1).
serious failure period has the meaning given by subsection 42P(2).
serious failure requirement has the meaning given by subsection 42P(3).
service has the same meaning as in the Competition and Consumer Act 2010.
social security bereavement payment means a payment under any of the following provisions of the 1991 Act:
(a) Division 9 of Part 2.2;
(b) Division 10 of Part 2.3;
(d) Subdivision B or D of Division 9 of Part 2.5;
(g) Subdivision B or C of Division 9 of Part 2.10;
(h) Subdivision A or AA of Division 10 of Part 2.11;
(i) Division 10 of Part 2.11A;
(j) Subdivision AA or A of Division 9 of Part 2.12;
(k) Subdivision C of Division 11 of Part 2.12B;
(m) Division 9 of Part 2.15;
(o) Division 10 of Part 2.16;
(p) Subdivision C of Division 10 of Part 2.19;
(q) Subdivision B of Division 10 of Part 2.20.
social security periodic payment means:
(a) a social security benefit; or
(b) a social security pension; or
(c) carer allowance; or
(f) double orphan pension; or
(g) mobility allowance; or
(i) pensioner education supplement; or
(k) Disaster Recovery Allowance.
transfer day, in relation to a transferee to a social security pension or benefit, has the meaning given by subclause (2) or (3), as the case requires.
transferee, in relation to a social security pension or benefit, has the meaning given by subclause (2) or (3), as the case requires.
unemployment failure has the meaning given by section 42AE.
unemployment non‑payment period has the meaning given by subsection 42S(3).
unemployment preclusion period has the meaning given by subsection 42AO(1).
work refusal failure has the meaning given by section 42AD.
(1A) For the purpose of the definition of alcoholic beverage, the volume of ethyl alcohol in a beverage is to be measured at 20°C and is to be calculated on the basis that the specific gravity of ethyl alcohol is 0.79067 (at 20°C in a vacuum).
(2) If:
(a) a social security pension or benefit (the old payment) ceases to be payable to a person otherwise than because another social security payment becomes payable to the person; and
(b) immediately after the old payment ceases to be payable, the person is qualified for another social security pension or benefit (the new payment); and
(c) the person makes a claim for the new payment;
the person is a transferee to the new payment and the person’s transfer day is the day that immediately follows the last day on which the old payment is payable to the person.
(3) If:
(a) a person becomes qualified for a social security pension or benefit (the new payment); and
(b) immediately before becoming qualified for the new payment:
(i) the person is a member of a couple; and
(ii) the person’s partner is receiving a social security benefit; and
(c) the person makes a claim for the new payment;
the person is a transferee to the new payment and the person’s transfer day is the day on which the person becomes qualified for the new payment.
Schedule 2—Rules for working out start day
Note: See section 42.
Part 1—Introductory
1 Definitions
In this Schedule, unless the contrary intention appears:
benefit means a social security benefit.
pension means a social security pension.
2 Different start days under Parts 2 and 3
(1) If:
(a) but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a social security payment and would also have a start day under Part 3 of this Schedule in relation to the same payment; and
(b) the start day under Part 3 would be earlier than the start day under Part 2;
the day worked out under Part 3 is the person’s start day in relation to the social security payment.
(2) If, but for this subclause, a person would have 2 start days under Part 3 of this Schedule in relation to the same social security payment, one day earlier than the other, the earlier day is the person’s start day under Part 3 in relation to the social security payment.
(3) If:
(a) 2 or more clauses of Part 3 of this Schedule apply to the working out of a person’s start day in relation to a social security payment; and
(b) the person’s start day under both or all of those clauses is the same day;
that day is the person’s start day under Part 3 in relation to the social security payment.
(4) If:
(a) but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a concession card and would also have a start day under Part 3 of this Schedule in relation to the same card; and
(b) the start day under Part 3 would be earlier than the start day under Part 2;
the day worked out under Part 3 is the person’s start day in relation to the concession card.
Part 2—General rules
3 Start day—general rule
(1) If:
(a) a person makes a claim for a social security payment; and
(b) the person is qualified for the payment on the day on which the claim is made;
the person’s start day in relation to the payment is the day on which the claim is made.
Note: Clause 4A applies instead of this subclause to claims for jobseeker payment and youth allowance in certain circumstances.
(2) A person’s start day in relation to a concession card for which the person is qualified under:
(a) Division 1 of Part 2A.1 of the 1991 Act; or
(b) Subdivision A of Division 3 of that Part;
is the first day on which the person is qualified for the card.
(3) If:
(a) a person makes a claim for a seniors health card or a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and
(b) the person is qualified for the card on the day on which the claim is made;
the person’s start day in relation to the card is the day on which the claim is made.
(4) If:
(a) section 1061ZJA of the 1991 Act applies in relation to a person; and
(b) as mentioned in subsection 1061ZJA(3) of the 1991 Act, the person is qualified for a seniors health card on 1 January 2017;
the person’s start day in relation to the card is 1 January 2017.
(5) If:
(a) section 1061ZJA of the 1991 Act applies in relation to a person; and
(b) as mentioned in subsection 1061ZJA(4) of the 1991 Act, the person is qualified for a seniors health card on the day the person returns to Australia;
the person’s start day in relation to the card is the day the person returns to Australia.
4 Start day—early claim
(1) If:
(a) a person (other than a detained person) makes a claim for a relevant social security payment; and
(b) the person is not, on the day on which the claim is made, qualified for the payment; and
(c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and
(d) the person becomes so qualified within that period;
the claim is taken to be made on the first day on which the person is qualified for the social security payment.
(2) For the purposes of subclause (1), the following provisions have effect:
(a) subject to paragraph (b), any social security payment, other than special benefit, is a relevant social security payment;
(b) parenting payment is not a relevant social security payment in the case of a person who becomes qualified for the payment because of the birth of a child.
(3) If:
(a) a detained person makes a claim for a social security payment; and
(b) the person is not, on the day on which the claim is made, qualified for the payment; and
(c) the person becomes qualified for the payment within 3 weeks after the claim is made;
the claim is taken to be made on the first day on which the person is qualified for the payment.
(4) Subclause (3) does not have effect in relation to a claim for a crisis payment or for a social security pension or benefit.
(6) If:
(a) a person makes a claim for a jobseeker payment or youth allowance; and
(b) when the claim is made, the person is serving a liquid assets test waiting period;
the claim is taken to be made on the first day on which the person is qualified for a jobseeker payment or youth allowance, as the case may be.
(7) In this clause:
detained person means a person who:
(a) is in gaol; or
(b) is undergoing psychiatric confinement because the person has been charged with an offence.
4A Start day for jobseeker payment and youth allowance if claimant required to attend interview
When this clause applies and subclause 3(1) does not
(1) This clause applies, and subclause 3(1) does not apply, in relation to a person’s:
(a) claim for jobseeker payment; or
(b) claim for youth allowance that is not based on the person being a new apprentice or undertaking full‑time study;
if the Secretary gives the person a notice under section 63 requiring the person to attend a particular place for an interview on a day specified in the notice (the specified day).
Note: Clause 5 may override the start day under this clause in certain circumstances.
Secretary may decide that this clause does not apply
(2) This clause does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subclause (3), that it should not apply to the person.
(3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subclause (2) whether this clause applies to a person.
Start day
(4) The start day for the person is the day worked out using the following table.
Start day
If the period between the time the Secretary imposes the requirement under section 63 and the specified day is: The start day is:
1 2 business days or less The specified day
2 More than 2 business days (otherwise than at the person’s request) The day the Secretary imposes the requirement under section 63
3 More than 2 business days (at the person’s request) The specified day
Start day—failure to comply with requirement to attend interview
(5) Despite subclause (4), if:
(a) the person does not comply with the requirement; and
(b) because of that failure to comply, either section 547AA or 615 of the 1991 Act applies to the person;
the person’s start day is the day on which that section ceases to apply to the person.
Start day—person not qualified on start day
(6) Despite subclauses (4) and (5), if a person is not qualified for the payment or allowance on the day that would, but for this subclause, be the person’s start day, the person’s start day is the first day, after what would otherwise (under subclause (4) or (5)) be the person’s start day, on which the person is qualified for the payment or allowance.
When this clause ceases to apply
(7) This clause ceases to apply if the Secretary revokes the requirement before the specified day.
Note: In that case, subclause 3(1) will apply.
5 Effect of exclusion period
(1) If, on the day that would, but for this clause, be a person’s start day under this Schedule in relation to a social security payment, the person is subject to one or more exclusion periods, the person’s start day in relation to the payment is worked out as follows:
(a) if the person is subject to one exclusion period—the start day is the first day after the end of that period;
(b) if the person is subject to 2 or more exclusion periods—the start day is the first day after all the periods have ended.
(1A) This clause does not apply in relation to payment of parenting payment to a person who is a member of a couple if the Secretary is satisfied that it should not so apply.
Note: Clause 5A deals with the start day of parenting payment where one member of a couple commits a serious failure or is unemployed as a result of a voluntary act or misconduct.
(1B) Subclause (1) applies only in relation to a start day for a participation payment to a person if the exclusion period to which the person is subject is:
(a) for a person other than a declared program participant:
(i) a payment suspension period; or
(ii) an unemployment preclusion period; or
(iii) a post‑cancellation non‑payment period; or
(b) for a declared program participant:
(i) a serious failure period; or
(ii) an unemployment non‑payment period.
(2) In this clause:
exclusion period means a period during which, because of a provision of the social security law, a social security payment that would otherwise be payable to a person is not payable to the person, including:
(a) a waiting period; and
(b) a non‑payment period (including a compliance penalty period); and
(c) a compensation preclusion period; and
(d) a period during which a person is in gaol; and
(e) if the payment is a youth allowance or jobseeker payment—a period during which the payment is not payable because of the operation of subparagraph 547AA(1)(b)(ii) or subparagraph 615(1)(b)(ii) of the 1991 Act; and
(f) if the payment is a schooling requirement payment within the meaning of Part 3C—a period during which the payment is suspended under section 124H, 124M or 124NF.
5A Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations
(1) If:
(a) one member of a couple is receiving parenting payment; and
(b) the other member of the couple is receiving a participation payment; and
(c) any of the following apply:
(i) the Secretary determines under Subdivision C of Division 3AA (compliance with participation payment obligations: persons other than declared program participants) that the other member’s participation payment is not payable for a period;
(ii) the Secretary determines under that Subdivision that the other member’s participation payment is cancelled;
(iii) the Secretary determines that the other member of the couple, being a declared program participant, commits a serious failure; or
(iv) the Secretary makes a determination under subsection 42S(1) (unemployment as a result of a voluntary act or misconduct obligation—declared program participants) in relation to the other member of the couple; and
(d) the other member of the couple claims parenting payment;
then, the other member’s start day under this Schedule in relation to the parenting payment is worked out in accordance with subclause (2).
(2) For the purposes of subclause (1), the other member’s start day is the first day after the end of:
(a) if subparagraph (1)(c)(i) applies—the other member’s payment suspension period or unemployment preclusion period; and
(b) if subparagraph (1)(c)(ii) applies—the other member’s post‑cancellation non‑payment period; and
(c) if subparagraph (1)(c)(iii) applies—the other member’s serious failure period; and
(d) if subparagraph (1)(c)(iv) applies—the other member’s unemployment non‑payment period.
6 Saving
Nothing in this Schedule operates to make a social security payment payable to a person on a day on which, because of another provision of the social security law, the payment is not payable to the person.
Part 3—Backdated start day
Division 1—Explanatory
7 Explanation of Part
In some circumstances, a person’s start day in relation to a social security payment may be earlier than the day worked out under Part 2 of this Schedule. This Part contains rules that enable the start day to be worked out in those circumstances.
Division 2—Rules applying to all or most social security payments
8 Claim made soon after partner’s claim
If:
(a) a person makes a claim for a social security benefit or pension within 14 days after the person’s partner makes a claim for a social security benefit or pension; and
(b) the person’s claim and the partner’s claim are both granted;
the person’s start day in relation to the benefit or pension is the first day on which the person is qualified for the pension or benefit in the period starting on the partner’s start day in relation to the pension or benefit granted to the partner and ending on the day on which the person made the claim for the pension or benefit.
9 Claim by transferee
(1) If:
(a) a person is a transferee to a benefit or pension; and
(b) the person makes a claim for the benefit or pension within 14 days after the day that is the person’s transfer day in relation to the benefit or pension;
the transfer day is also the person’s start day in relation to the benefit or pension.
(2) If:
(a) a person is a transferee to a benefit or pension; and
(b) the person makes a claim for the benefit or pension more than 14 days, but not more than 13 weeks, after the person’s transfer day; and
(c) the Secretary determines that:
(i) during the period beginning on the person’s transfer day and ending on the day on which the person made the claim, the person suffered from an illness or from an incapacity due to a medical condition; and
(ii) the illness or incapacity was the sole or principal cause of the person’s failure to make the claim within 14 days after the person’s transfer day;
the person’s transfer day is also the person’s start day in relation to the benefit or pension.
10 Claim soon after childbirth
If a woman makes a claim for a social security payment within 4 weeks after giving birth to a child, the woman’s start day in relation to the payment is the first day on which the woman is qualified for the payment in the period starting on the birth of the child and ending on the day on which the claim is made.
11 Incapacitated claimant
(1) If:
(a) a person becomes incapacitated for work as a result of a medical condition; and
(b) the person makes a claim for a benefit or pension within 5 weeks after the day on which the incapacity begins; and
(c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made;