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SOCIAL SECURITY ACT 1991 - SECT 1061EX

Where claim based on claimant's need for financial assistance to take up offered employment

  (1)   This section applies where the claim was based on the claimant's need for financial assistance to take up offered employment.

  (2)   Subject to the following provisions of this section, the total amount of the special employment advance payable to the claimant is to be the smallest of the following amounts:

  (a)   the amount sought in the claim for the advance;

  (b)   the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment;

  (c)   $500.

  (3)   If:

  (a)   an amount of special employment advance previously paid to the claimant has not been repaid to, or recovered by, the Commonwealth; and

  (b)   the sum of:

  (i)   the amount referred to in paragraph   (a); and

  (ii)   the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment;

    is not more than $500;

the total amount of the special employment advance payable to the claimant is the amount referred to in subparagraph   (b)(ii).

  (4)   If:

  (a)   an amount of special employment advance previously paid to the claimant has not been repaid to, or recovered by, the Commonwealth; and

  (b)   the sum of:

  (i)   the amount referred to in paragraph   (a); and

  (ii)   the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment;

    is more than $500;

the following paragraphs have effect:

  (c)   where the amount referred to in paragraph   (a) is less than $500 and the claimant satisfies the Secretary that the claimant would have sufficient financial resources to enable him or her to take up the offered employment if the total amount of the special employment advance payable were an amount equal to the difference between $500 and the amount referred to in paragraph   (a)--the total amount of the special employment advance payable to the claimant is an amount equal to that difference;

  (d)   where paragraph   (c) does not apply--no amount of special employment advance is payable to the claimant.

  (5)   If:

  (a)   the claimant is not a member of a couple; and

  (b)   the value of the claimant's liquid assets (within the meaning of subsection   14A(1)) exceeds the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the claimant;

the total amount of the special employment advance that, apart from this subsection, would be payable to the claimant under subsections   (2) to (4) is reduced by the amount of the excess.

  (6)   If:

  (a)   the claimant is a member of a couple; and

  (b)   the value of the claimant's liquid assets (within the meaning of subsection   14A(2)) exceeds twice the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the claimant;

the total amount of the special employment advance that, apart from this subsection, would be payable to the claimant under subsections   (2) to (4) is reduced by the amount of the excess.


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