Section 40A — Social Security (Administration) Act 1999: Requirement to enter into employment pathway plans

No existing employment pathway plan in force (1) The Employment Secretary may require a person to enter into an employment pathway plan if an employment pathway plan is not in force in relation to the person and one of the following applies: (a) either: (i) the person is receiving, or has made a claim for, a jobseeker payment or a youth allowance; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment or a youth allowance; (b) the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies and either: (i) the person is receiving, or has made a claim for, parenting payment; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for parenting payment; (c) the person is a nominated visa holder and either: (i) the person is receiving, or has made a claim for, a special benefit; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for special benefit. Existing employment pathway plan already in force (2) If an employment pathway plan is in force in relation to a person, the Employment Secretary may require the person to enter into another plan instead of the existing one. Notification of requirement (3) The Employment Secretary must notify a person who is required to enter into an employment pathway plan of the requirement. The notification: (a) must give the person the option of entering into the plan under section 40D; and (b) may also give the person the option of entering into the plan under section 40E, taking into account the person’s circumstances.