4Definitions

4 Definitions

Note: Some expressions used in this instrument are defined in the Act or the 1991 Act, including the following:

(a) participation payment;
(b) post-cancellation non-payment period;
(c) Human Services Department;
(d) Employment Department; and
(e) employment pathway plan.

In this instrument:

1991 Act means the Social Security Act 1991.

3 active months means:

(1) the shorter of: (a) 91 consecutive days (beginning on or after 1 July 2018) plus any days equal to the number of days a person spends in the following periods during those 91 days: (i) time spent exempt or relieved from activity test requirements under Division 3A of Part 2.10, Subdivision C of Division 1 of Part 2.11, Subdivision BA of Division 1 of Part 2.12, sections 602B, 602C, 603, 603A, 603AAA, 603AB, 731DA, 731DB, 731E, 731F, 731GA, 731JA, 731K of the 1991 Act; (ia) periods during which the person is not required to satisfy the employment pathway plan requirements under section 40L, 40M, 40N, 40P or 40Q of the Act; (ii) one week for each instance that the Secretary has determined that an instalment of the person’s participation payment be reduced by an amount specified in paragraph 42AN(3)(a) of the Act; (iii) two weeks for each instance the Secretary has determined that an instalment of the person’s participation payment be reduced by an amount specified in paragraph 42AN(3)(b) of the Act; (iv) a post-cancellation non-payment period under 42AP(5); (v) the time between: i., a person’s referral to the Human Services Department for a DHS assessment; and ii. the completion of that assessment; and (b) twelve months. (2) For the purposes of this definition, if any two or more of the periods listed in paragraph 1(a) overlap, the days that overlap will only count once when calculating the days equal to the number of days the person spends in those periods.

6 active months means:

(1) the shorter of: (a) 182 consecutive days (beginning on or after 1 July 2018) plus any days equal to the number of days a person spends in the following periods during those 182 days: (i) time spent exempt or relieved from activity test requirements under Division 3A of Part 2.10, Subdivision C of Division 1 of Part 2.11, Subdivision BA of Division 1 of Part 2.12, sections 602B, 602C, 603, 603A, 603AAA, 603AB, 731DA, 731DB, 731E, 731F, 731GA, 731JA, 731K of the 1991 Act; (ia) periods during which the person is not required to satisfy the employment pathway plan requirements under section 40L, 40M, 40N, 40P or 40Q of the Act; (ii) one week for each instance that the Secretary has determined that an instalment of the person’s participation payment be reduced by an amount specified in paragraph 42AN(3)(a) of the Act; (iii) two weeks for each instance the Secretary has determined that an instalment of the person’s participation payment be reduced by an amount specified in paragraph 42AN(3)(b) of the Act; (iv) a post-cancellation non-payment period under 42AP(5); (v) the time between: i. a person’s referral to the Human Services Department for a DHS assessment; and ii. the completion of that assessment; and (b) twelve months. (2) For the purposes of this definition, if any two or more of the periods listed in paragraph 1(a) overlap, the days that overlap will only count once when calculating the days equal to the number of days the person spends in those periods.