(1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for newstart allowance, 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) Newstart allowance 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).