I, JEFF HARMER, Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, make this Declaration under subsection 92Q (1) of the Social Security Act 1991.

Dated  20th December  2007

J Harmer

Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs

1 Name of Declaration

  This Declaration is the Social Security (Pension Bonus Scheme — Non‑accruing Members) Declaration 2007.

2 Commencement

  This Declaration commences on 1 January 2008.

3 Revocation

  The following legislative instruments are revoked:

 (a) the Social Security (Pension Bonus Scheme — Non‑accruing Members) Declaration (No. 1) 1998;

 (b) the Social Security (Pension Bonus Scheme — Non‑accruing Members — Major Disaster) Declaration 2006.

4 Interpretation

 (1) In this Declaration:

Act means the Social Security Act 1991.

pass the work test:

 (a) for a member of the pension bonus scheme — has the meanings given by sections 92U and 92V of the Act; and

 (b) for the partner of a member of the pension bonus scheme who is a member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act — has the meanings given by sections 45TS and 45TT of the Veterans’ Entitlements Act.

Note   The following expressions used in this Declaration are defined in the Act (see subsections 4 (2) and 23 (1)):

• CDEP Scheme participant
• major disaster
• member of a couple
• partner
• pension bonus
• Veterans’ Entitlements Act.

 (2) For this Declaration, the period during which a major disaster affects a person’s ability to pass the work test may include a period during which preparations are made to cope with an impending disaster, for example, by evacuation of an area shortly before a cyclone is predicted to reach the area.

5 Kinds of non‑accruing members

  A member of the pension bonus scheme who is a member of any of the following kinds is a non‑accruing member:

 (a) a member who is a CDEP Scheme participant;

 (b) a member who is in gaol, within the meaning of subsection 23 (5) of the Act;

 (c) a member who is undergoing psychiatric confinement, within the meaning of subsections 23 (8) and (9) of the Act, because the member has been charged with committing an offence;

 (d) a member who is not a participant in the workforce, but whose partner:

 (i) is a participant in the workforce; and

 (ii) is not a registered member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

 (iii) intends to become a registered member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

 (e) a member who is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who would not pass the work test for a bonus period during which any part of the leave is taken;

 (f) a member whose partner is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who would not pass the work test for a bonus period during which any part of the leave is taken;

 (g) a member who is:

 (i) the surviving member of a couple; and

 (ii) undergoing a period of bereavement; and

 (iii) unable to pass the work test for a bonus period during which the period of bereavement occurs;

 (h) a member who is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster;

 (i) a member whose partner:

 (i) is a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

 (ii) is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster.

Note for paragraphs (h) and (i)   For the application of this Determination in relation to Cyclone Larry, a major disaster that occurred in 2006, see section 7.

6 Period for which member is non‑accruing member

 (1) A member of the pension bonus scheme to whom a paragraph of section 5 applies is a non‑accruing member throughout the period during which the member is a member of the kind mentioned in the paragraph.

 (2) However, for a member to whom a paragraph of section 5 mentioned in the following table applies, subsection (1) is subject to the time limit shown.

7 Special provisions in relation to Cyclone Larry

 (1) This section applies to a member of the pension bonus scheme:

 (a) who was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry; or

 (b) whose partner:

 (i) was a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

 (ii) was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry.

 (2) The member is a non‑accruing member throughout the period during which the member was a member of the kind mentioned in subsection (1):

 (a) from the date, not before 1 March 2006, that:

 (i) for a member mentioned in paragraph (1) (a) — the member was unable to pass the work test due to the effects of Cyclone Larry; or

 (ii) for a member mentioned in paragraph (1) (b) — the member’s partner was unable to pass the work test due to the effects of Cyclone Larry; and

 (b) up to a maximum of 13 weeks.

Note   1 March 2006 is the date from which people are taken to be affected by preparation for Cyclone Larry.