Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for jobseeker payment, the person, or, if the person is a member of a couple, the person or the person's partner, has been engaged in seasonal work.
Note: For seasonal work see subsection 16A(1).
(2) Jobseeker payment is not payable to the person:
(a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person--for the person's seasonal work preclusion period; or
(b) if the Secretary has made a determination under subsection (3) in relation to the person--for that part (if any) of the person's seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):
(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and
(b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
(4) Subsection (2) does not apply to a person who:
(a) is undertaking an activity specified in an instrument made under subsection (5); and
(b) has been exempted from the application of subsection (2) by the Secretary.
(5) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (4)(a).
(6) Subsection (2) does not apply to a person if:
(a) the person makes a claim for jobseeker payment on or after the commencement of this subsection; and
(b) the person makes the claim after the death of the person's partner on or after the commencement of this subsection; and
(c) if the person is a man or a woman who was not pregnant when her partner died--the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and
(d) if the person is a woman who was pregnant when her partner died--the person makes the claim:
(i) in the period of 14 weeks starting on the day of the death of the partner; or
(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;
whichever ends later.