Social Security (Satisfaction of the Activity Test – Classes of Persons) (DEEWR) Specification 2009 (No. 1)
Social Security Act 1991
I, LISA MARIAN PAUL, Secretary of the Department of Education, Employment and Workplace Relations, make this instrument under subsections 541 (1AB) and 601 (4A) of the Social Security Act 1991.
Dated          10th May                    2009
 
 
 
LISA PAUL
Secretary of the Department of Education, Employment and Workplace Relations
1              Name of instrument
                This instrument is the Social Security (Satisfaction of the Activity Test – Classes of Persons) Specification 2009 (No. 1).
2              Commencement
                This instrument commences on 1 July 2009.
3              Interpretation
         (1)   In this instrument:
Act means the Social Security Act 1991.
low capacity to work has the meaning given by subsection (2).
Stream 4 employment services means those services specified as Stream 4 in the Employment Services Deed 2009-2012.
         (2)   A person has a low capacity to work if the Secretary is satisfied that:
                (a)    the person has a physical, intellectual, psychological or psychiatric impairment; and
               (b)    the impairment, of itself, prevents the person from doing 15 hours per week of work independently of a program of support.
         (3)   For subsection (2), 15 hours per week of work means work:
                (a)    that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and
               (b)    that exists in Australia, even if not within the person’s locally accessible labour market.
         (4)   For subsection (2), a person is able to do work independently of a program of support if the Secretary is satisfied that, to do the work, the person:
                (a)    does not need or would not 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)    needs or would need such a program of support, but only occasionally; or
                (c)    needs or would need such a program of support, but not on an ongoing basis.
4              Specification of classes of persons
                For subparagraphs 541 (1AA) (b) (i) and 601 (4) (b) (i) of the Act, the following classes of persons are specified:
                (a)    persons receiving Stream 4 employment services;
               (b)    persons who have a low capacity to work.