Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 542C

Time limit for temporary incapacity exemptions--maximum exemption period

General

             (1)  A person ceases to have a temporary incapacity exemption if the person's maximum exemption period ends.

Maximum exemption period

             (2)  Subject to this section, a person's maximum exemption period is:

                     (a)  if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether the person was required to satisfy the activity test--the lesser of the following periods:

                              (i)  the period stated in the certificate as the period for which the person would be incapacitated for study, the required activities or work (as the case may be);

                             (ii)  the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or

                     (b)  otherwise--the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person's incapacity for study, the required activities or work (as the case may be) began.

Extension where paragraph 542A(1)(d) certificate given

             (3)  If:

                     (a)  a person has a temporary incapacity exemption; and

                     (b)  the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 542A(1)(d) and is in accordance with the form approved under that paragraph; and

                     (c)  the Secretary is satisfied that the person's incapacity for study, the required activities or work (as the case may be) will continue after the end of the person's maximum exemption period;

the Secretary may extend the person's maximum exemption period by a period that is not more than the lesser of the following periods:

                     (d)  a period equal to the period stated in the certificate as the period for which the person would be incapacitated for study, the required activities or work (as the case may be);

                     (e)  13 weeks.

Extension where paragraph 542A(1)(d) certificate given after end of maximum exemption period

             (4)  If:

                     (a)  a person had a temporary incapacity exemption; and

                     (b)  within 14 days after the end of the person's maximum exemption period, the person gives the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 542A(1)(d) and is in accordance with the form approved under that paragraph; and

                     (c)  the Secretary is satisfied that the person's incapacity for study, the required activities or work (as the case may be) has continued after the end of the person's maximum exemption period and that the incapacity will continue;

the Secretary may extend the maximum exemption period by a period of not more than the lesser of the following periods:

                     (d)  a period equal to the period stated in the certificate as the period for which the person would be incapacitated for study, the required activities or work (as the case may be);

                     (e)  13 weeks.

Extension where other written evidence given

             (5)  If:

                     (a)  a person has a temporary incapacity exemption; and

                     (b)  the person gives the Secretary written evidence (other than a certificate referred to in paragraph (3)(b)) that the person's incapacity for study, the required activities or work (as the case may be) will continue after the end of the person's maximum exemption period; and

                     (c)  the Secretary is satisfied that:

                              (i)  the person's circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (3)(b) before the end of the maximum exemption period; and

                             (ii)  the person's incapacity for study, the required activities or work (as the case may be) will continue after the end of the person's maximum exemption period;

the Secretary may extend the person's maximum exemption period by not more than 4 weeks.

Extension where other written evidence given after end of maximum exemption period

             (6)  If:

                     (a)  a person had a temporary incapacity exemption; and

                     (b)  within 14 days after the end of the person's maximum exemption period, the person gives the Secretary written evidence (other than a certificate referred to in paragraph (4)(b)) that the person's incapacity for study, the required activities or work (as the case may be) will continue after the end of the person's maximum exemption period; and

                     (c)  the Secretary is satisfied that:

                              (i)  the person's circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (4)(b); and

                             (ii)  the person's incapacity for study, the required activities or work (as the case may be) has continued after the end of the person's maximum exemption period and that the incapacity will continue;

the Secretary may extend the maximum exemption period by a period of not more than 4 weeks from the end of the previous maximum exemption period.

Extension where paragraph 542A(1)(d) certificate not considered in a timely manner

             (7)  If:

                     (a)  a person has a temporary incapacity exemption; and

                     (b)  the person has, whether before or after the commencement of this section, given the Secretary a certificate referred to in paragraph (3)(b) before the end of the person's maximum exemption period; and

                     (c)  before the end of the person's maximum exemption period, the Secretary does not satisfy himself or herself that the person's incapacity for study, the required activities or work (as the case may be) will continue after the end of that period; and

                     (d)  the sole or dominant cause of the Secretary failing so to satisfy himself or herself is an act or omission of an officer of the Department;

the Secretary may extend the person's maximum exemption period by not more than 4 weeks.

Section 542BA unaffected by this section

             (8)  This section does not prevent a person ceasing to have a temporary incapacity exemption under section 542BA.

Definition

             (9)  In this section:

"required activities" has the meaning given by subsection 542A(3).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback