Social Security (Administration) Act 1999

The Secretary may end a person’s serious failure period if:

the person begins to comply with a serious failure requirement imposed on the person; or

the Secretary determines that:

the person does not have the capacity to undertake any serious failure requirement; and

serving the serious failure period would cause the person to be in severe financial hardship.

For in severe financial hardship see subsection 14A(7) of the 1991 Act.

The Secretary may make a determination under paragraph (1)(b) on request or on his or her own initiative.

The person’s serious failure period ends on:

if paragraph (1)(a) applies—the day before the person begins to comply with the requirement; or

if the Secretary makes a determination under paragraph (1)(b) on request—the day before the request was made; or

if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative—the day before the Secretary makes the determination.

For the day the Secretary makes the determination, see section 42Y.

Section 42NC does not affect the operation of this section.