Section 42Q — Social Security (Administration) Act 1999: Ending serious failure periods

(1) The Secretary may end a person’s serious failure period if: (a) the person begins to comply with a serious failure requirement imposed on the person; or (b) the Secretary determines that: (i) the person does not have the capacity to undertake any serious failure requirement; and (ii) serving the serious failure period would cause the person to be in severe financial hardship. Note: For in severe financial hardship see subsection 14A(7) of the 1991 Act. (1A) The Secretary may make a determination under paragraph (1)(b) on request or on his or her own initiative. (2) The person’s serious failure period ends on: (a) if paragraph (1)(a) applies—the day before the person begins to comply with the requirement; or (b) if the Secretary makes a determination under paragraph (1)(b) on request—the day before the request was made; or (c) if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative—the day before the Secretary makes the determination. Note: For the day the Secretary makes the determination, see section 42Y. (3) Section 42NC does not affect the operation of this section.