Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 614

  (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.