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SOCIAL SECURITY ACT 1991 - SECT 501D

Parenting Payment Employment Pathway Plans--requirement to participate in an approved program of work

             (1)  A Parenting Payment Employment Pathway Plan that is in force in relation to a person must not require the person to participate in an approved program of work for income support payment if:

                     (a)  either:

                              (i)  if the person's rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A--because of the application of Module E of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or

                             (ii)  if the person's rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B--because of the application of Module D of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or

                     (b)  in the Secretary's opinion:

                              (i)  it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

                             (ii)  performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or

                     (c)  the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.

             (2)  If a Parenting Payment Employment Pathway Plan that is in force in relation to a person requires the person to participate in an approved program of work for income support payment, the Secretary may, by notice given to the person, revoke the requirement to participate in the program if the Secretary:

                     (a)  is satisfied that:

                              (i)  if the person's rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A--because of the application of Module E of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or

                             (ii)  if the person's rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B--because of the application of Module D of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or

                     (b)  forms the opinion that:

                              (i)  it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

                             (ii)  performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or

                     (c)  is satisfied that the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.

             (3)  Upon the Secretary so notifying the person, the requirement is taken to have been revoked with effect from the day specified in the notice.

             (4)  A person is not to be taken to be one of the following merely because the person participates in an approved program of work for income support payment, or undertakes an activity (other than suitable paid work), in accordance with a term (including an optional term) of a Parenting Payment Employment Pathway Plan under this section:

                     (a)  a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011 ;

                     (b)  an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988 ;

                     (c)  an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 ;

                     (d)  an employee for the purposes of the Fair Work Act 2009 .



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