Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 731D

Persons in certain areas can be taken to comply with activity test

                   If the Secretary considers that:

                     (a)  it would be reasonable to assume that, at the end of a period, a person is present in an area where:

                              (i)  there is no locally accessible labour market; and

                             (ii)  there is no locally accessible vocational training course; and

                    (aa)  it would be reasonable to assume that, throughout the period, the person is capable of undertaking, and willing to undertake, paid work that in the Secretary's opinion is suitable to be undertaken by the person; and

                     (b)  having regard to all the relevant factors, including:

                              (i)  the location of offices of the Department; and

                             (ii)  difficulties with transport and communication; and

                            (iii)  the educational and cultural background of the person;

                            it would be unreasonable to expect the person to comply with the activity test in order to be qualified for special benefit for that period;

then, unless the person has been notified of a requirement under subsection 731A(7) in relation to the period, the person is taken to satisfy the activity test during that period.



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