Social Security (Benefit Categories and Work Focus) Amendment Act 2013

  • repealed
  • Social Security (Benefit Categories and Work Focus) Amendment Act 2013: repealed, on 26 November 2018, pursuant to section 455(1) of the Social Security Act 2018 (2018 No 32).

Work ability assessment

44 New sections 100B to 100D and cross-heading inserted

Before the heading above section 101, insert:

Work ability assessment

100B Chief executive may require person to undergo assessment

(1)

This subsection applies to a person who is, or who is the spouse or partner of, a beneficiary in receipt of—

(a)

sole parent support; or

(b)

a supported living payment (except as provided in subsection (2)); or

(c)

an emergency benefit; or

(d)

jobseeker support.

(2)

Subsection (1)(b) does not apply to a person receiving a supported living payment on the ground of sickness, injury, or disability if, in the chief executive’s opinion,—

(a)

the person is terminally ill; or

(b)

the person has little or no capacity for work, and the person’s condition is deteriorating or not likely to improve.

(3)

The chief executive may at any time require a person to whom subsection (1) applies to attend and participate in a work ability assessment made to determine, or help to determine, all or any of the following matters:

(a)

whether the person is entitled to a benefit and, if so, what kind of benefit:

(b)

if the person is in receipt of jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability), whether the person is entitled on an application under section 88H, or under section 88I(4), to a deferral of work test obligations under section 88I:

(c)

if the person is in receipt of jobseeker support granted on the ground of sickness, injury, or disability, whether the person has for the purposes of section 88F(2) the capacity to seek, undertake, and be available for part-time work:

(d)

whether the person is entitled on an application under section 105 on the ground of limited capacity to meet those obligations to an exemption from work test obligations or work preparation obligations under section 60Q:

(e)

whether the person, being a person who is subject to work test obligations or work preparation obligations under section 60Q, has the capacity to meet those obligations:

(f)

what is suitable employment for the person for the purposes of section 102A(1)(a), (b), or (c):

(g)

what are suitable activities for the person for the purposes of section 60Q(3) or 102A(1)(f):

(h)

what assistance and supports the person needs to obtain employment.

(4)

An assessment under subsection (3) must be undertaken in accordance with a procedure determined by the chief executive.

(5)

After an assessment under subsection (3) is made, the chief executive may determine the matter or matters in subsection (3) for which that assessment was made—

(a)

in reliance on that assessment; or

(b)

having regard to the assessment and to any alternative assessment under subsection (3).

100C Reassessment

(1)

The chief executive may from time to time reassess under section 100B a person to whom section 100B(1) applies and who has earlier been assessed under section 100B.

(2)

A reassessment may be at a time, or after an interval, the chief executive thinks appropriate.

(3)

After a reassessment, the chief executive may determine the matter or matters in section 100B(3) for which that reassessment was made.

100D Assessment or reassessment: department must explain requirements

The chief executive must take reasonable and appropriate steps to make every person on whom requirements are imposed under section 100B, or under sections 100B and 100C, aware of—

(a)

those requirements; and

(b)

the consequences of failure to comply with those requirements.