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SOCIAL SECURITY ACT 1991 - SECT 694

Duration of ordinary waiting period

             (1)  Subject to subsections (3) and (5), if a person:

                     (a)  is subject to an ordinary waiting period; and

                     (b)  is not disqualified for sickness allowance under section 676 (liquid assets test);

the ordinary waiting period is the period of 7 days that starts on the person's start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act).

             (2)  Subject to subsections (3) and (5), if a person:

                     (a)  is subject to an ordinary waiting period; and

                     (b)  is disqualified for sickness allowance under section 676 (liquid assets test);

the ordinary waiting period is the period of 7 days that starts on the day after the end of the period referred to in subsection 676(3).

             (3)  Subject to subsection (5), if:

                     (a)  a person is subject to an ordinary waiting period; and

                     (b)  apart from this subsection, the ordinary waiting period would be the period of 7 days that starts on the person's start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act); and

                     (c)  that start day falls within one or more of the following periods (each of which is an exclusion period ) that the person is subject to:

                              (i)  a newly arrived resident's waiting period;

                             (ii)  a seasonal work preclusion period;

                            (iii)  a lump sum preclusion period under Part 3.14;

                            (iv)  an income maintenance period, where the person's rate of sickness allowance on that start day would be nil;

then the ordinary waiting period is the period of 7 days that starts on the first day after all the exclusion periods have ended.

             (4)  If:

                     (a)  subparagraph (3)(c)(iv) applies to a person; and

                     (b)  on a day in that income maintenance period, the person's rate of sickness allowance would be greater than nil if sickness allowance were payable to the person on that day;

then, for the purposes of subsection (3), that income maintenance period is taken to have ended at the end of the day before that day.

             (5)  If:

                     (a)  a person qualifies for a social security payment (other than sickness allowance); and

                     (b)  because the person is subject to an ordinary waiting period relating to that payment, that payment is not payable to the person for a period starting on a particular day (the initial day ); and

                     (c)  during that period the person:

                              (i)  ceases to be qualified for that payment; and

                             (ii)  claims sickness allowance;

the person's ordinary waiting period relating to sickness allowance is the period of 7 days that starts on the initial day.

Note:          Ordinary waiting periods apply to parenting payment, youth allowance, jobseeker payment and sickness allowance.



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