Section 5 — Social Security (Administration) Act 1999: Effect of exclusion period

(1) If, on the day that would, but for this clause, be a person’s start day under this Schedule in relation to a social security payment, the person is subject to one or more exclusion periods, the person’s start day in relation to the payment is worked out as follows: (a) if the person is subject to one exclusion period—the start day is the first day after the end of that period; (b) if the person is subject to 2 or more exclusion periods—the start day is the first day after all the periods have ended. (1A) This clause does not apply in relation to payment of parenting payment to a person who is a member of a couple if the Secretary is satisfied that it should not so apply. Note: Clause 5A deals with the start day of parenting payment where one member of a couple commits a serious failure or is unemployed as a result of a voluntary act or misconduct. (1B) Subclause (1) applies only in relation to a start day for a participation payment to a person if the exclusion period to which the person is subject is: (a) for a person other than a declared program participant: (i) a payment suspension period; or (ii) an unemployment preclusion period; or (iii) a post-cancellation non-payment period; or (b) for a declared program participant: (i) a serious failure period; or (ii) an unemployment non-payment period. (2) In this clause: exclusion period means a period during which, because of a provision of the social security law, a social security payment that would otherwise be payable to a person is not payable to the person, including: (a) a waiting period; and (b) a non-payment period (including a compliance penalty period); and (c) a compensation preclusion period; and (d) a period during which a person is in gaol; and (e) if the payment is a youth allowance or jobseeker payment—a period during which the payment is not payable because of the operation of subparagraph 547AA(1)(b)(ii) or subparagraph 615(1)(b)(ii) of the 1991 Act; and (f) if the payment is a schooling requirement payment within the meaning of Part 3C—a period during which the payment is suspended under section 124H, 124M or 124NF.