Social Security Act 1964

  • repealed
  • Social Security Act 1964: repealed, on 26 November 2018, by section 455(1) of the Social Security Act 2018 (2018 No 32).

Jobseeker support

Heading: inserted, on 15 July 2013, by section 43 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

88B Jobseeker support: standard eligibility requirements

(1)

A person is entitled to jobseeker support if he or she satisfies the criteria in subsections (2), (3), and (4), and—

(a)

is not in full-time employment, but—

(i)

is seeking it; and

(ii)

is available for it; and

(iii)

is willing and able to undertake it; and

(iv)

has taken reasonable steps to find it; or

(b)

is not in full-time employment, but would comply with subparagraphs (i) to (iv) of paragraph (a) but for circumstances that would qualify the person for an exemption under section 105 from some or all work test obligations; or

(c)

is not in full-time employment and is willing to undertake it but, because of sickness, injury, or disability, is limited in his or her capacity to seek, undertake, or be available for it; or

(d)

is in employment, but is losing earnings because, through sickness or injury, he or she is not working at all, or is working only at a reduced level.

(2)

An applicant for jobseeker support—

(a)

must be aged at least 18 years, in the case of an applicant without a dependent child:

(b)

must be aged at least 20 years, in any other case.

(3)

An applicant for jobseeker support must meet the residential requirements in section 74AA.

(4)

An applicant for jobseeker support must have—

(a)

no income; or

(b)

an income of less than the amount that would fully abate that benefit.

(5)

Nothing in subsection (4) affects the entitlement of a person to receive jobseeker support if, during a temporary period, the person has income sufficient to fully abate that benefit but the person otherwise fulfils the conditions of entitlement to that benefit.

(6)

Nothing in subsection (1)(a) or (4) affects the entitlement of a person receiving jobseeker support at the rate in clause 1(ab) or (ba) of Schedule 9 to receive jobseeker support if, during a temporary period, the person engages in full-time employment, and the income from that employment and the person’s other income when calculated over a 52-week period under section 64(2A) is less than the amount that would fully abate the benefit.

(7)

A sick or injured person (A) may treat as a loss of A’s earnings for the purposes of subsection (1)(d) a payment A makes to any other person (B) who acts as A’s substitute during A’s sickness or injury.

Section 88B: inserted, on 15 July 2013, by section 43 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 88B(2)(b): amended, on 25 October 2016, by section 14(2) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).