SSAct s16B. Partial capacity to work

SSAct Contents Title Page Reader's Guide Chapter 1 - Introductory Chapter 2 - Pensions, Benefits and Allowances Chapter 2A - Benefits and concessions other than payments Chapter 2B - Student financial supplement scheme Chapter 2C - Assurances of support Chapter 3 - General provisions relating to payability and rates Chapter 4 - International agreements and portability Chapter 5 - Overpayments and debt recovery Schedules NOTES Section Index Definition Index

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16B. Partial capacity to work

16B.(1) A person has a partial capacity to work if:

(a): the person has a physical, intellectual or psychiatric impairment; and

(b): the Secretary is satisfied that:

(i): the impairment of itself prevents the person from doing 30 hours per week of work independently of a program of support within the next 2 years; and

(ii): no training activity is likely (because of the impairment) to enable the person to do 30 hours per week of work independently of a program of support within the next 2 years.

History

S.16B(1) inserted by Act No. 154, 2005, by s.3, Schedule 1, Part 1(6);

16B.(2) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person:

(a): is unlikely to need a program of support that:

(i): is designed to assist the person to prepare for, find or maintain work; and

(ii): is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or

(b): is likely to need such a program of support provided occasionally; or

(c): is likely to need such a program of support that is not ongoing.

History

S.16B(2) inserted by Act No. 154, 2005, by s.3, Schedule 1, Part 1(6);

16B.(3) In deciding whether he or she is satisfied as mentioned in paragraph (1)(b) or subsection (2), the Secretary must comply with the guidelines (if any) determined and in force under subsection (4).

History

S.16B(3) inserted by Act No. 154, 2005, by s.3, Schedule 1, Part 1(6);

S.16B(3) amended by Act No. 173, 2007, by s.3, Schedule 1(2);

16B.(4) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in deciding whether he or she is satisfied as mentioned in paragraph (1)(b).

History

S.16B(4) inserted by Act No. 154, 2005, by s.3, Schedule 1, Part 1(6);

S.16B(4) amended by Act No. 173, 2007, by s.3, Schedule 1(3);

S.16B(4) amended by Act No. 173, 2007, by s.3, Schedule 1(4);

16B.(5) In this section:

30 hours per week of work means work:

(a): that is for at least 30 hours per week at award wages or above; and

(a): that is for at least 30 hours per week on wages that are at or above the relevant minimum wage; and

training activity means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments:

(a): education;

(b): pre‑vocational training;

(c): vocational training;

(d): vocational rehabilitation;

(e): work‑related training (including on‑the‑job training).

History

S.16B(5) inserted by Act No. 154, 2005, by s.3, Schedule 1, Part 1(6);

30 hours per week of work (paragraph (a)) repealed and substituted by Select Legislative Instrument 2006 No. 50, by s.3, Schedule 13(1);

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