Social Security (Exemptions under Section 105) Amendment Regulations 2001

2001/175

Social Security (Exemptions under Section 105) Amendment Regulations 2001


Note

These regulations are administered in the Department for Work and Income.


Pursuant to sections 123D and 132 of the Social Security Act 1964, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on 13 July 2001.

3 Exemption from obligations under section 60HA
  • Regulation 3(3) of the principal regulations is amended by revoking paragraph (b), and substituting the following paragraph:

    • (b) the person is actively engaged in teaching a dependent child of the person, and the child is—

      • (i) aged 5 years; or

      • (ii) exempt from enrolment in school under an exemption granted under section 21 or section 22 of the Education Act 1989; or.

4 Exemption from work test: all work-tested beneficiaries
  • Regulation 4(2) of the principal regulations is amended by adding to paragraph (d) the expression ; or, and by adding the following paragraphs:

    • (e) the person is serving a sentence by way of home detention under the Criminal Justice Act 1985; or

    • (f) the person's capacity to meet the obligations of the work test is limited because that person is subject to—

      • (i) a sentence of supervision under the Criminal Justice Act 1985; or

      • (ii) conditions of release on parole under that Act; or

      • (iii) conditions of release on bail under any enactment; or

      • (iv) any other sentence or order imposed by a court.

5 Exemption from work test: work-tested spouses, domestic purposes beneficiaries, and widows
  • Regulation 5(2) of the principal regulations is amended by revoking paragraph (c), and substituting the following paragraph:

    • (c) the person is actively engaged in teaching a dependent child of the person, and the child is—

      • (i) aged 5 years; or

      • (ii) exempt from enrolment in school under an exemption granted under section 21 or section 22 of the Education Act 1989; or.

6 Revocations
  • Regulations 6 and 8 of the principal regulations are revoked.

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 13 July 2001, amend the Social Security (Exemptions under Section 105) Regulations 1998. They—

  • allow an exemption to be granted from the obligations under section 60HA of the Social Security Act 1964 to a person who is home schooling a dependent child aged 5 years:

  • allow an exemption to be granted from the work test to a person who is subject to a restrictive sentence or court order or condition of probation, parole, or bail:

  • allow an exemption to be granted from the work test to a work-tested spouse, work-tested domestic purposes beneficiary, or work-tested widow's beneficiary, who is home schooling a dependent child aged 5 years:

  • revoke regulation 6 (relating to exemptions from the work test for beneficiaries who receive provisional or reduced benefits):

  • revoke regulation 8 (a transitional provision).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 July 2001.


  • 1 SR 1998/270