Section 614 — Social Security Act 1991: Multiple entitlement exclusion
Text of the provision Official document
(1) A jobseeker payment is not payable to a person if the person is already receiving a service pension, income support supplement or a veteran payment. (2) If: (a) a person is receiving a jobseeker payment; and (b) a social security pension, another social security benefit, a service pension, income support supplement or a veteran payment becomes payable to the person; a jobseeker payment is not payable to the person. Note 1: Another payment type will generally not become payable to the person until the person claims it. Note 2: For social security pension and social security benefit see subsection 23(1). Note 3: For the day on which the jobseeker payment ceases to be payable see section 660. (3) A jobseeker payment is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; unless: (c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and (d) before 1 November 1986 the woman was also receiving a social security benefit. Note 1: For armed services widow see subsection 4(1). Note 2: A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate—see subsection 1068(3). (3A) A jobseeker payment is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act. Note: For armed services widower see subsection 4(1). (3B) A jobseeker payment is not payable to a person if: (a) the person is an armed services widow or armed services widower; and (b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA. Note 1: For armed services widow and armed services widower see subsection 4(1). Note 2: For MRCA see subsection 23(1). (4) Subject to subsections (5) and (6), a jobseeker payment is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under: (a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or (ba) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or (bb) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students. Note: For prescribed educational scheme see section 5. (5) If: (a) a person may enrol in a full-time course of education; and (b) a payment under a scheme referred to in subsection (4) may be made in respect of the person; the Secretary may decide that, in spite of subsection (4), jobseeker payment is payable to the person for a period before the person starts the course. (6) If: (a) a person enrols in a full-time course of education; and (c) an application is made for a payment in respect of the person under the ABSTUDY Scheme; and (d) the person was receiving jobseeker payment immediately before the start of the course; the Secretary may decide that, in spite of subsection (4), jobseeker payment is payable to the person for the period of 3 weeks commencing on the day on which the course starts.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →