Social Welfare Act 2024

Amendment of section 100 of Principal Act

10. (1) Section 100 of the Principal Act is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) was engaged in insurable full-time employment for not less than 8 weeks, whether consecutive or not, within the relevant period,”,

(b) by the insertion of the following subsection after subsection (3):

“(3A) Notwithstanding the generality of subsection (3), the Minister may, by regulations, make provision in relation to the documentary proof, including the information or specific documentation to be provided by a self-employed person in support of his or her claim for carer’s benefit, and, notwithstanding the generality of the foregoing, any such regulations may provide for—

(a) the provision by a person of documentary evidence of the nature, extent and duration of his or her self-employment, and

(b) such other matters as the Minister considers appropriate for the purposes of this Chapter.”,

(c) by the substitution of the following subsection for subsection (5):

“(5) In this section, ‘engaged in insurable full-time employment’ means engaged—

(a) in insurable employment as an employed contributor, or

(b) in insurable self-employment as a self-employed contributor,

for not less than 16 hours a week within the 8 weeks referred to in subsection (1)(a) or any period that may be prescribed under subsection (6), provided that where any 2 of those weeks are consecutive, the requirement in relation to those 2 weeks may be satisfied by an aggregate of not less than 32 hours in that fortnight.”,

and

(d) by the substitution of the following subsection for subsection (6):

“(6) Regulations may provide that, subject to the conditions and in the circumstances that may be prescribed, in the case of a person who was absent from his or her employment within the relevant period referred to in subsection (1)(a), by reason of being on such leave from that employment as may be prescribed, the condition specified in subsection (1)(a) shall be regarded as being satisfied in respect of that person if he or she was engaged in insurable full-time employment for 8 weeks, whether consecutive or not, within the relevant period (other than the relevant period referred to in that subsection) that may be prescribed (and the period that may be so prescribed may comprise 2 or more periods which, taken together, amount to a period of 26 weeks).”.

(2) This section comes into operation on 1 January 2025.