SSAct s745. Allowance not payable because of repeated or more serious failure

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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745. Allowance not payable because of repeated or more serious failure

745.(1) A special benefit is not payable to a person, for the period of 8 weeks starting in accordance with section 745A, if the person:

(a): commits a special benefit participation failure (the repeated failure), having committed special benefit participation failures (the earlier failures) on 2 or more other occasions during the period of 12 months preceding that failure; or

(b): is unemployed due, either directly or indirectly, to a voluntary act of the person, and as a result the person is unable to earn a sufficient livelihood for the person and the person's dependants; or

(c): is unemployed due to the person's misconduct as a worker, and as a result the person is unable to earn a sufficient livelihood for the person and the person's dependants; or

(d): has refused or failed, without reasonable excuse, to accept a suitable offer of employment; or

(e): fails, without reasonable excuse:

(i): to commence, complete or participate in an approved program of work for income support payment that the person is required to undertake; or

(ii): to comply with the conditions of such a program.

History

S.745(1) inserted by Act No. 154, 2005, by s.3, Schedule 10, Part 2(43);

S.745(1)(b) amended by Act No. 64, 2006, by s.3, Schedule 7(7);

S.745(1)(c) amended by Act No. 64, 2006, by s.3, Schedule 7(8);

S.745(1)(e) amended by Act No. 64, 2006, by s.3, Schedule 7(9);

745.(1A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (1)(d), a person had a reasonable excuse for refusing or failing to accept a suitable offer of employment.

History

S.745(1A) inserted by Act No. 154, 2005, by s.3, Schedule 10, Part 2(43);

745.(1B) To avoid doubt, a determination under subsection (1A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (1)(d), a person had a reasonable excuse for refusing or failing to accept a suitable offer of employment referred to in that paragraph.

History

S.745(1B) inserted by Act No. 154, 2005, by s.3, Schedule 10, Part 2(43);

745.(2) For the purposes of paragraph (1)(a), disregard any earlier failure that is a failure to which subsection 742(1) does not apply because of subsection 742(2).

History

S.745(2) inserted by Act No. 154, 2005, by s.3, Schedule 10, Part 2(43);

745.(3) Subsection (1) does not apply in relation to the repeated failure if the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.

History

S.745(3) inserted by Act No. 154, 2005, by s.3, Schedule 10, Part 2(43);

745.(4) Paragraph (1)(b) does not apply if the Secretary is satisfied that the person's voluntary act was reasonable.

History

S.745(4) inserted by Act No. 154, 2005, by s.3, Schedule 10, Part 2(43);

745.(5) Paragraph (1)(e) applies only if:

(a): the person is under 60; and

(b): a determination under paragraph 28(4)(b) is in force in relation to the person.

History

S.745(5) inserted by Act No. 154, 2005, by s.3, Schedule 10, Part 2(43);

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