Social Security (Administration) Act 1999

The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:

at the test time, the person is not the principal carer of a child who is a school age child or younger; and

the Secretary is satisfied that one of the following applies:

the person is a full‑time student or a new apprentice at the test time;

within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);

within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);

at the test time, the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).

The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii). The activities may be specified by reference to a class of persons undertaking the activities.

A determination made by the Secretary under subsection (1) is not a legislative instrument.