Social Security Act 1991

Subject to sections 596, 596A, 597 and 598, a person is qualified for a jobseeker payment in respect of a period if:

the person satisfies the Secretary that:

throughout the period the person is unemployed; or

subsection (1A) applies in relation to the person for the period; and

throughout the period the person satisfies subsection (1AC); and

throughout the period the person:

is at least 22 years of age and has not reached the pension age; and

is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and

the person was not in receipt of a youth allowance during the period.

A person may be treated as unemployed (see section 595).

For pension age see section 23.

For Australian resident see section 7.

A person may not be qualified if the person’s unemployment is due to industrial action (see section 596).

A person may not be qualified if the person has reduced the person’s employment prospects by moving to an area of lower employment prospects (see section 597).

A person could be in receipt of a youth allowance during a period for which the person would qualify for a jobseeker payment, if paragraph (i) was disregarded, because of section 540C (extension of youth allowance to end of payment period).

A jobseeker payment is not payable in certain situations even if the person is qualified (see Subdivisions D, E and F and Part 4.2).

A person receiving a jobseeker payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

This subsection applies in relation to a person for a period if:

the person is incapacitated for work or study throughout the period because of sickness or an accident; and

the incapacity is caused wholly or virtually wholly by a medical condition arising from the sickness or accident; and

the incapacity is, or is likely to be, of a temporary nature; and

one of the following applies:

immediately before the incapacity occurred the person was in employment (whether the person was self‑employed, or was employed by another person, on a full‑time, part‑time, casual or temporary basis) and the Secretary is satisfied that, when the incapacity ends, the employment will be again available to the person (whether or not the same kind of work will be available);

immediately before the incapacity occurred the person was in full‑time education and was receiving payments under the ABSTUDY scheme and the Secretary is satisfied that the person is committed to resuming full‑time study under that scheme when the incapacity ends;

immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends.

Subsection (1A) does not apply in relation to a person if the Secretary is satisfied that the incapacity is brought about with a view to obtaining jobseeker payment, youth allowance, austudy payment or disability support pension.

In subsection (1A):

the person had immediately before the person becomes incapacitated; and

continues after the person becomes incapacitated.

A person satisfies this subsection if:

the following apply:

the person satisfies the employment pathway plan requirements;

the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or

the following apply:

the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements;

the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.

For satisfies the employment pathway plan requirements, see subsection 23(1).

See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.

Subject to sections 596, 596A, 597 and 598, a person is qualified for a jobseeker payment in respect of a period if:

the person satisfies the Secretary that throughout the period the person is unemployed; and

throughout the period the person:

has reached the age of 22 years and has not reached the pension age; and

is an Australian resident; and

the person was not in receipt of a youth allowance during the period; and

the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end of the period; and

the Secretary is satisfied that throughout the period the person suffered from a medical condition that had a significant adverse effect on the person’s ability to work; and

the person satisfies any one of the conditions in subsection (1C).

The conditions referred to in paragraph (1B)(f) are:

a condition that the person was an Australian resident when the significant adverse effect of the medical condition on the person’s ability to work first occurred; and

a condition that at the start of the period the person had 10 years qualifying Australian residence or had a qualifying residence exemption for jobseeker payment; and

a condition that:

the person was born outside Australia; and

when the significant adverse effect of the medical condition first occurred the person was not an Australian resident but was a dependent child of an Australian resident; and

the person became an Australian resident while a dependent child of an Australian resident.

Subject to sections 596, 596A and 598, a person is qualified for a jobseeker payment, in respect of the period starting in accordance with subsection (1E) and ending in accordance with subsection (1F), if:

the person satisfies the Secretary that throughout the period the person is unemployed; and

throughout the period the person:

has reached the age of 22 years and has not reached the pension age; and

is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and

the person was not in receipt of a youth allowance during the period; and

the person has made, or is taken to have made, a claim for jobseeker payment; and

the person satisfies the Secretary that it is likely that the person has a permanent medical condition that would prevent the person from undertaking full‑time work; and

the person satisfies the Secretary that it would be unreasonable to expect the person to enter into an employment pathway plan until an assessment of the person’s capacity to work has been undertaken.

The period for which the person is qualified for a jobseeker payment under subsection (1D) starts:

if the person is already receiving jobseeker payment when the Secretary becomes aware of the medical condition referred to in paragraph (1D)(e)—when the Secretary becomes aware of the medical condition; or

otherwise—when the person made, or is taken to have made, the claim for jobseeker payment.

The period for which the person is qualified for a jobseeker payment under subsection (1D) ends:

if the person has failed to comply with a requirement to enter into an employment pathway plan—on the day on which the person so failed; or

in any other case—when the person enters into an employment pathway plan.

If:

a person was receiving a social security pension, a service pension, income support supplement or a veteran payment; and

the person claims a jobseeker payment within 14 days of the day on which the last instalment of the person’s social security pension, service pension, income support supplement or veteran payment was paid; and

the person becomes qualified for a jobseeker payment at some time during the 14 day period but after the first day of that period;

Subsection (4) operates when a person transfers from a social security pension, a service pension, income support supplement or a veteran payment to a jobseeker payment and the person is not qualified for a jobseeker payment immediately after the day on which the person’s last instalment of social security pension, service pension, income support supplement or veteran payment is paid. The subsection deems the person to be so qualified. As a result, the person may be paid a jobseeker payment for the period beginning on the day after the day on which the person’s last instalment of social security pension, service pension, income support supplement or veteran payment was paid. The subsection aims to ensure that there is minimal disruption to a person’s payments when a person transfers from a social security pension, a service pension, income support supplement or a veteran payment to a jobseeker payment.

A person is qualified for a jobseeker payment in respect of a period that occurs between 1 April 2021 and 30 June 2021 if:

the Secretary is satisfied that the person is in quarantine or self‑isolation as a result of advice from, or a requirement made by, the Commonwealth, a State or a Territory or a health professional regarding the coronavirus known as COVID‑19, or is caring for an immediate family member or a member of the person’s household who is in such quarantine or self‑isolation, throughout the period; and

the Secretary is satisfied that, as a result of the circumstance in paragraph (a), the person’s working hours were reduced (including to zero); and

throughout the period the person satisfies the activity test or is not required to satisfy the activity test; and

the Secretary is satisfied that:

the person is not entitled to receive a leave payment in respect of the period; or

the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the period; or

the person is receiving a leave payment in respect of the period but, as a result of the adverse economic effects of the coronavirus known as COVID‑19, the payment is less than it would otherwise have been; or

the person is receiving a leave payment in respect of the period, but the total amount of the leave payment in the period is less than the amount of jobseeker payment that would be payable to the person in the period if the person’s claim were granted; and

throughout the period the person:

is at least 22 years of age and has not reached the pension age; and

is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and

the person was not in receipt of a youth allowance during the period.