Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification 2009 (No. 1)
Social Security Act 1991
I, JEFF HARMER, Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, make this Instrument under subsection 731A(11A) of the Social Security Act 1991.
Dated                           26th June                      2009
 
 
J Harmer
Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs
1              Name
                This Instrument is the Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) 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 3(2).
Stream 4 employment services means those services specified as Stream 4 in the Employment Services Contract 2009-2012.
vocational services means services the dominant objective of which is to secure employment for the person receiving the services.
Example
Psychological counselling would not be a vocational service.
         (2)   A person has a low capacity to work if the Secretary is satisfied that:
                (a)    the person has a physical, intellectual 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 subparagraph 731A(11)(b)(i) of the Act, the following classes of persons are specified:
                (a)    persons receiving Stream 4 employment services where those services do not include vocational services;
               (b)    persons who have a low capacity to work.