Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 731DC

Persons may be treated as actively seeking etc. paid work

             (1)  A person is not required to satisfy the activity test in respect of the period to which subsection (4) applies if:

                     (a)  during the period, the person undertakes:

                              (i)  paid work that, in the Secretary's opinion, is suitable for the person to undertake; or

                             (ii)  any other activity; and

                     (b)  the Secretary is of the opinion that, taking into account:

                              (i)  the nature of the work or other activity; and

                             (ii)  the duration of the work or other activity; and

                            (iii)  any remuneration received for the work or other activity; and

                            (iv)  any other matters relating to the work or other activity, or to the person's circumstances, that the Secretary considers relevant;

                            it would be unreasonable to expect the person to satisfy the activity test for the period.

             (2)  However, the work or other activity must not be or include any work or other activity of a kind that the Secretary determines under subsection (3).

             (3)  The Secretary may determine, by legislative instrument, kinds of work or other activity that are not to be taken into account for the purposes of subsection (1).

             (4)  This subsection applies to the period:

                     (a)  starting:

                              (i)  when the person made a claim, or is taken to have made a claim, for special benefit; or

                             (ii)  when the person started to undertake the work or other activity;

                            whichever happens later; and

                     (b)  ending:

                              (i)  if the person has been required to enter into a Special Benefit Employment Pathway Plan but has failed to enter that plan--when the person so failed; or

                             (ii)  in any other case--when the person has entered into such a plan.



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