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SOCIAL SECURITY ACT 1991 - SECT 603F

Time limit for exemption--end of person's maximum exemption period

             (1)  A person ceases to be exempt, under this Subdivision, from the activity test if the person's maximum exemption period ends.

             (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 work;

                             (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 work began.

             (4)  If:

                     (a)  a person is exempt, under this Subdivision, from the activity test; 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 603C(1)(e) and is in accordance with the form approved under that paragraph; and

                     (c)  the Secretary is satisfied that the person's incapacity for work 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 work;

                     (e)  13 weeks.

          (4A)  If:

                     (a)  a person was exempt, under this Subdivision, from the activity test; 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 603C(1)(e) and is in accordance with a form approved under that paragraph; and

                     (c)  the Secretary is satisfied that the person's incapacity for work 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 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 work;

                     (e)  13 weeks.

             (5)  If:

                     (a)  a person is exempt, under this Subdivision, from the activity test; and

                     (b)  the person gives the Secretary written evidence (other than a certificate referred to in paragraph (4)(b)) that the person's incapacity for work 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) before the end of the maximum exemption period; and

                             (ii)  the person's incapacity for work 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.

          (5A)  If:

                     (a)  a person was exempt, under this Subdivision, from the activity test; 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 (4A)(b)) that the person's incapacity for work 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 (4A)(b); and

                             (ii)  the person's incapacity for work 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.

             (6)  If:

                     (a)  a person is exempt, under this Subdivision, from the activity test; and

                     (b)  the person has, whether before or after the commencement of this section, given the Secretary a certificate referred to in paragraph (4)(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 work 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.

             (7)  This section does not prevent a person ceasing to be exempt under section 603D.



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