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SOCIAL SECURITY ACT 1991 - SECT 549CB

Duration of ordinary waiting period

             (1)  Subject to subsections (2) and (4), if a person is subject to an ordinary waiting period, the ordinary waiting period is the period of 7 days that starts on the person's start day (worked out disregarding clauses 4A and 5 of Schedule 2 to the Administration Act).

             (2)  Subject to subsection (4), if:

                     (a)  a person is subject to an ordinary waiting period; and

                     (b)  apart from this subsection, the ordinary waiting period would be the period of 7 days that starts on the person's start day (worked out disregarding clauses 4A and 5 of Schedule 2 to the Administration Act); and

                     (c)  that start day falls within one or more of the following periods (each of which is an exclusion period ) that the person is subject to:

                              (i)  a liquid assets test waiting period;

                             (ii)  a newly arrived resident's waiting period;

                            (iii)  a seasonal work preclusion period;

                            (iv)  a lump sum preclusion period under Part 3.14;

                             (v)  an income maintenance period, where the person's rate of youth allowance on that start day would be nil;

then the ordinary waiting period is the period of 7 days that starts on the first day after all the exclusion periods have ended.

             (3)  If:

                     (a)  subparagraph (2)(c)(v) applies to a person; and

                     (b)  on a day in that income maintenance period, the person's rate of youth allowance would be greater than nil if youth allowance were payable to the person on that day;

then, for the purposes of subsection (2), that income maintenance period is taken to have ended at the end of the day before that day.

             (4)  If:

                     (a)  a person qualifies for a social security payment (other than youth allowance); and

                     (b)  because the person is subject to an ordinary waiting period relating to that payment, that payment is not payable to the person for a period starting on a particular day (the initial day ); and

                     (c)  during that period the person:

                              (i)  ceases to be qualified for that payment; and

                             (ii)  claims youth allowance and is qualified for youth allowance, where neither section 540AA (about new apprentices) nor paragraph 541(1)(a) (about full-time study) applies;

the person's ordinary waiting period relating to that youth allowance is the period of 7 days that starts on the initial day.

Note:          Ordinary waiting periods apply to parenting payment, youth allowance, jobseeker payment and sickness allowance.



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