Social Security Act 1964

60H Voluntary unemployment or loss of employment through misconduct, etc

(1)

In this section, unless the context otherwise requires,—

benefit means a work-tested benefit

employment means,—

(a)

in the case of an applicant for a work-tested benefit,—

(i)

full-time employment; or

(ii)

part-time employment if the chief executive is satisfied that, for a period of not less than 13 weeks preceding the termination of the employment, the income from that employment was sufficient to maintain the person; or

(b)

in the case of a part-time work-tested beneficiary, regular part-time work; and

(c)

in the case of any other work-tested beneficiary, full-time employment

scheme means a Government-assisted scheme that the chief executive considers analogous to a benefit

unemployed means resigning from or otherwise leaving employment, other than by dismissal.

(2)

This section applies to a person who is—

(a)

a person who is an applicant for a benefit if, on the grant of the benefit, he or she would be a work-tested beneficiary; or

(ab)

a person who is an applicant for jobseeker support on the ground of sickness, injury, or disability if, on the grant of that benefit, the chief executive would be able to determine, under section 88F(2), that the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work (as defined in section 3(1)); or

(b)

a person who is the spouse or partner of an applicant for a couple rate of benefit, if, on the grant of the benefit, he or she would be a work-tested spouse or partner; or

(c)

a work-tested beneficiary.

(3)

This section applies if the chief executive is satisfied that a person referred to in subsection (2)—

(a)

has voluntarily become unemployed without good and sufficient reason; or

(b)

has been in receipt of payments under a scheme and has voluntarily ceased to be part of that scheme without good and sufficient reason; or

(c)

has lost his or her employment because of misconduct as an employee; or

(d)

has ceased to be part of a scheme by reason of any misconduct.

(4)

If this section applies, the chief executive must cancel the benefit (if granted), and the person is not entitled to the cancelled benefit or a work-tested benefit during the period of 13 weeks commencing on—

(a)

the date the person’s employment ceased; or

(b)

the date the person’s participation in the scheme ceased.

(5)

Subsection (4) is subject to subsection (6) and to sections 120, 121, 123, 123A, and 123B.

(6)

If this section applies because of misconduct—

(a)

the chief executive may, in his or her discretion, decide not to apply subsection (4) to the person; or

(b)

the chief executive may pay the benefit, or the benefit without the reduction, on the condition that the person will repay the amount to which he or she would not be entitled but for this paragraph, if—

(i)

a court, person, or body authorised by law to determine the matter determines the misconduct to be proved; and

(ii)

the chief executive, in his or her discretion, so directs.

(7)

Any amount that the chief executive directs to be repayable under subsection (6)(b) is a debt due to the Crown under section 85A(b), and subject to recovery under section 86(1) (chief executive’s duty to recover debt referred to in section 85A), from the person.

Section 60H: replaced, on 1 April 1997, by section 17 of the Social Security Amendment Act 1996 (1996 No 20).

Section 60H(1) employment: replaced, on 1 October 1998, by section 29(1)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 60H(1) employment paragraph (c): replaced, on 1 July 2001, by section 15(6) of the Social Security Amendment Act 2001 (2001 No 1).

Section 60H(1) rate of the benefit: repealed, on 1 October 1998, by section 4(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 60H(1) regular: repealed, on 1 October 1998, by section 29(1)(b) of the Social Security Amendment Act 1998 (1998 No 19).

Section 60H(1) scheme: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(2): replaced, on 1 October 1998, by section 29(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 60H(2)(ab): replaced, on 15 July 2013, by section 101 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60H(2)(b): amended, on 15 July 2013, by section 64(4) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60H(2)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 60H(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(4): replaced, on 1 October 1998, by section 4(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 60H(5): replaced, on 1 October 1998, by section 4(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 60H(5): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60H(6)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(6)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(6)(b)(ii): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(7): amended, on 7 July 2014, by section 16 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

Section 60H(7): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).