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SOCIAL SECURITY ACT 1991 - SECT 614

Multiple entitlement exclusion

             (1)  A jobseeker payment is not payable to a person if the person is already receiving a service pension, income support supplement or a veteran payment.

             (2)  If:

                     (a)  a person is receiving a jobseeker payment; and

                     (b)  a social security pension, another social security benefit, a service pension, income support supplement or a veteran payment becomes payable to the person;

a jobseeker payment is not payable to the person.

Note 1:       Another payment type will generally not become payable to the person until the person claims it.

Note 2:       For social security pension and social security benefit see subsection 23(1).

Note 3:       For the day on which the jobseeker payment ceases to be payable see section 660.

             (3)  A jobseeker payment is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;

unless:

                     (c)  the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and

                     (d)  before 1 November 1986 the woman was also receiving a social security benefit.

Note 1:       For armed services widow see subsection 4(1).

Note 2:       A widow receiving a payment under the Veterans' Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate--see subsection 1068(3).

          (3A)  A jobseeker payment is not payable to a man if:

                     (a)  the man is an armed services widower; and

                     (b)  the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note:          For armed services widower see subsection 4(1).

          (3B)  A jobseeker payment is not payable to a person if:

                     (a)  the person is an armed services widow or armed services widower; and

                     (b)  the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.

Note 1:       For armed services widow and armed services widower see subsection 4(1).

Note 2:       For MRCA see subsection 23(1).

             (4)  Subject to subsections (5) and (6), a jobseeker payment is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:

                     (a)  a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or

                     (b)  the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or

                   (ba)  the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or

                   (bb)  the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students.

Note:          For prescribed educational scheme see section 5.

             (5)  If:

                     (a)  a person may enrol in a full-time course of education; and

                     (b)  a payment under a scheme referred to in subsection (4) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (4), jobseeker payment is payable to the person for a period before the person starts the course.

             (6)  If:

                     (a)  a person enrols in a full-time course of education; and

                     (c)  an application is made for a payment in respect of the person under the ABSTUDY Scheme; and

                     (d)  the person was receiving jobseeker payment immediately before the start of the course;

the Secretary may decide that, in spite of subsection (4), jobseeker payment is payable to the person for the period of 3 weeks commencing on the day on which the course starts.



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