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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social
Security (Administration) Bill 1999
No.
, 1999
(Family and Community
Services)
A Bill for an Act to provide for
the administration of the social security law, and for related
purposes
ISBN: 0642 403600
Contents
A Bill for an Act to provide for the administration of
the social security law, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security (Administration) Act
1999.
(1) Subject to subsections (2) and (3), this Act commences on 20 March
2000.
(2) This Part and section 258 commence on the day on which this Act
receives the Royal Assent.
(3) Section 53 commences on 1 July 2000.
(1) Unless a contrary intention appears, an expression that is defined in
Schedule 1 has in this Act the meaning given in that Schedule.
(2) Unless a contrary intention appears, an expression that is used in the
1991 Act has the same meaning, when used in this Act, as in the 1991
Act.
(3) A reference in this Act to the social security law (other than the
reference in section 4) is a reference to this Act, the 1991 Act and any other
Act that is expressed to form part of the social security law.
(4) A reference in this Act to a provision of the social security law is a
reference to a provision of this Act, the 1991 Act or any other Act that is
expressed to form part of the social security law.
(5) To the extent that a provision of this Act relates to:
(a) a double orphan pension; or
(b) a family allowance;
a reference in the provision to a person includes a reference to an
approved care organisation.
This Act forms part of the social security law.
(1) If a provision of the social security law requires that a written
notice be given to a person, it is sufficient compliance with that provision if
the notice is given in a manner approved by the Secretary.
(2) Nothing in subsection (1) prevents a notice being given in accordance
with section 28A of the Acts Interpretation Act 1901.
If the social security law provides that a determination takes effect on
a day (the earlier day) before the day on which the determination
is made, the social security law has effect as if the determination had taken
effect on the earlier day.
The Secretary is, subject to any direction of the Minister, to have the
general administration of the social security law.
In administering the social security law, the Secretary is to have regard
to:
(a) the desirability of achieving the following results:
(i) the ready availability to members of the public of advice and
information services relating to income support generally and to the social
security payments that are available;
(ii) the ready availability of publications containing clear statements
about income support entitlements and procedural requirements;
(iii) the delivery of services under the law in a fair, courteous, prompt
and cost-efficient manner;
(iv) the development of a process of monitoring and evaluating delivery of
programs with an emphasis on the impact of programs on social security
recipients;
(v) the establishment of procedures to ensure that abuses of the social
security system are minimised; and
(b) the special needs of disadvantaged groups in the community;
and
(c) the need to be responsive to the interests of the Aboriginal and
Torres Strait Islander communities and to cultural and linguistic diversity;
and
(d) the importance of the system of review of decisions under the social
security law; and
(e) the need to ensure that social security recipients have adequate
information regarding the system of review of decisions under the social
security law; and
(f) the need to apply government policy in accordance with the law and
with due regard to relevant decisions of the Administrative Appeals Tribunal and
the Social Security Appeals Tribunal.
(1) The Minister may prepare a written statement of the policy of the
Commonwealth Government in relation to the administration of the social security
law and may give a copy of the statement to:
(a) the Secretary; and
(b) the Executive Director of the Social Security Appeals
Tribunal.
(2) If the Minister gives a copy of a statement to the Secretary or the
Executive Director under subsection (1), the Minister must cause a copy of the
statement to be laid before each House of the Parliament within 15 sitting days
of that House after the Minister gives the copy under that subsection.
(3) In exercising powers under the social security law, an officer must
have regard to any statement a copy of which has been given to the Secretary
under subsection (1).
(4) In exercising powers under the social security law, the Executive
Director and the Social Security Appeals Tribunal must have regard to any
statement a copy of which has been given to the Executive Director under
subsection (1).
(1) The Secretary and the Executive Director of the Social Security
Appeals Tribunal may agree on administrative arrangements to further the
objectives of Part 4 of this Act.
(2) The Secretary and the Employment Secretary may agree on administrative
arrangements to further the objectives of Part 2.12 of the 1991 Act.
(3) Administrative arrangements agreed on under subsection (2) may provide
for officers of the Employment Department to perform functions or duties, or
exercise powers, under Part 2.12 of the 1991 Act.
(4) The Secretary and the Secretary to the Department of Agriculture,
Fisheries and Forestry may agree on administrative arrangements to further the
objectives of sections 26 and 27 of the 1991 Act.
(5) The Secretary and the Commissioner of Taxation may agree on
administrative arrangements to further the objectives of Part 2.17AA of the 1991
Act.
Subject to Subdivision B, a person who wants to be granted:
(a) a social security payment; or
(b) a concession card;
must make a claim for the payment or card in accordance with this
Division.
(1) Subject to subsection (3), if:
(a) a person is receiving an income support payment; and
(b) while receiving the payment, the person becomes qualified for another
income support payment (the other payment); and
(c) the Secretary determines that the person is to be transferred to the
other payment;
the person is taken, for the purposes of the social security law, to have
made a claim for the other payment on the day on which the person became
qualified for the other payment.
(2) Subject to subsection (3), if:
(a) a person who has been receiving an income support payment ceases to
receive the payment; and
(b) immediately after ceasing to receive that payment, the person becomes
qualified for another income support payment (the other payment);
and
(c) the Secretary determines that the person is to be transferred to the
other payment;
the person is taken, for the purposes of the social security law, to have
made a claim for the other payment on the day on which the person became
qualified for the other payment.
(3) The Secretary may only make a determination under subsection (1) or
(2) if the transfer is one that the Secretary could have determined should occur
apart from this section.
(1) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to
a claim for a social security payment; and
(b) the person is, on the day on which the Department is contacted,
qualified for the social security payment; and
(c) the Secretary gives the person a written notice acknowledging that the
Department has been contacted in relation to the making of the claim;
and
(d) the person lodges a claim for the social security payment within 14
days after the Department is contacted;
the person is taken to have made a claim for the social security payment on
the day on which the Department was contacted.
(2) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to
a claim for a social security payment, other than crisis payment or special
employment advance; and
(b) the person is, on the day on which the Department is contacted,
qualified for the social security payment; and
(c) the Secretary gives the person a written notice acknowledging that the
Department has been contacted in relation to the making of the claim;
and
(d) the person lodges a claim for the payment more than 14 days, but not
more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that:
(i) throughout the period starting on the day on which the Department was
contacted and ending on the day on which the person lodged the claim, the person
was suffering from a medical condition; and
(ii) that medical condition, or circumstances related to that medical
condition, had a significant adverse effect on the person’s ability to
lodge the claim earlier;
the person is taken to have made a claim for the social security payment on
the day on which the Department was contacted.
(3) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person (the
claimant) in relation to a claim for a social security payment,
other than crisis payment or special employment advance; and
(b) the claimant is, on the day on which the Department is contacted,
qualified for the social security payment; and
(c) the Secretary gives the claimant a written notice acknowledging that
the Department has been contacted in relation to the making of the claim;
and
(d) the claimant lodges a claim for the payment more than 14 days, but not
more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that:
(i) throughout the period starting on the day on which the Department was
contacted and ending on the day on which the claimant lodged the claim, the
claimant was caring for, or was the partner of, another person; and
(ii) throughout that period, the other person suffered from a medical
condition; and
(iii) the medical condition, or circumstances related to the medical
condition, from which the other person was suffering had a significant adverse
effect on the claimant’s ability to lodge the claim earlier;
the claimant is taken to have made a claim for the social security payment
on the day on which the Department was contacted.
(4) A reference in this section to the Department being contacted includes
a reference to the Department being contacted by post or telephone or by the
transmission of a message by the use of facsimile, computer equipment or other
electronic means.
(5) This section has effect subject to section 18.
(1) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to
a claim for a concession card; and
(b) the person is, on the day on which the Department is contacted,
qualified for the concession card; and
(c) the Secretary gives the person a written notice acknowledging that the
Department has been contacted in relation to the making of the claim;
and
(d) the person lodges a claim for the concession card within 14 days after
he or she contacts the Department;
the person is taken to have made a claim for the concession card on the day
on which the Department was contacted.
(2) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to
a claim for a concession card; and
(b) the person is, on the day on which the Department is contacted,
qualified for the concession card; and
(c) the Secretary gives the person a written notice acknowledging that the
Department has been contacted in relation to the making of the claim;
and
(d) the person lodges a claim for the concession card more than 14 days,
but not more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that:
(i) throughout the period starting on the day on which the Department was
contacted and ending on the day on which the person lodged the claim, the person
was suffering from a medical condition; and
(ii) that medical condition, or circumstances related to that medical
condition, had a significant adverse effect on the person’s ability to
lodge the claim earlier;
the person is taken to have made a claim for the concession card on the day
on which the Department was contacted.
(3) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person (the
claimant) in relation to a claim for a concession card;
and
(b) the claimant is, on the day on which the Department is contacted,
qualified for the concession card; and
(c) the Secretary gives the claimant a written notice acknowledging that
the Department has been contacted in relation to the making of the claim;
and
(d) the claimant lodges a claim for the concession card more than 14 days,
but not more than 13 weeks, after the Department is contacted; and
(e) the Secretary is satisfied that:
(i) throughout the period starting on the day on which the Department was
contacted and ending on the day on which the claimant lodged the claim, the
claimant was caring for, or was the partner of, another person; and
(ii) throughout that period, the other person suffered from a medical
condition; and
(iii) the medical condition, or circumstances related to the medical
condition, from which the other person was suffering had a significant adverse
effect on the claimant’s ability to lodge the claim earlier;
the claimant is taken to have made a claim for the concession card on the
day on which the Department was contacted.
(4) A reference in this section to the Department being contacted includes
a reference to the Department being contacted by post or telephone or by the
transmission of a message by the use of facsimile, computer equipment or other
electronic means.
(5) This section has effect subject to section 18.
(1) For the purposes of the social security law, if:
(a) a person makes a claim for a social security payment: and
(b) the claim is an incorrect claim; and
(c) the person subsequently makes a claim for another social security
payment for which the person is qualified; and
(d) the Secretary is satisfied that it is reasonable that this subsection
be applied;
the person is taken to have made a claim for that other social security
payment on the day on which he or she made the incorrect claim.
(2) For the purposes of this section, a claim made by a person is an
incorrect claim if:
(a) the claim is for a social security payment, other than a supplementary
payment; and
(b) when the claim was made, the person was not qualified for the payment
claimed but was qualified for another social security payment, other than a
supplementary payment.
(3) For the purposes of this section, a claim made by a person is an
incorrect claim if:
(a) the claim is for a supplementary payment: and
(b) when the claim was made, the person was not qualified for the payment
claimed but was qualified for another supplementary payment.
(4) For the purposes of this section, a claim made by a person is an
incorrect claim if:
(a) the claim is for a pension, allowance, benefit or other payment under
a law of the Commonwealth, other than this Act or the 1991 Act, or under a
program administered by the Commonwealth, that is similar in character to a
social security payment, other than a supplementary payment; and
(b) when the claim was made, the person was qualified for a social
security payment, other than a supplementary payment.
(5) In this section:
supplementary payment means:
(a) carer allowance; or
(b) double orphan pension; or
(c) education entry payment; or
(d) employment entry payment; or
(e) family allowance; or
(f) family tax payment; or
(g) maternity allowance; or
(h) maternity immunisation allowance; or
(i) mobility allowance; or
(j) pensioner education supplement.
(1) A person makes a claim for a social security payment or a concession
card:
(a) by lodging a written claim for the payment or card; or
(b) by making the claim in accordance with subsection (7).
(2) A written claim for the purpose of subsection (1) for one social
security payment or for a concession card must be in accordance with a form
approved by the Secretary.
(3) Two or more written claims by the same person may be combined in one
claim. Such a claim must be made in accordance with a form approved by the
Secretary for the purposes of this subsection.
(4) A written claim is lodged by being delivered:
(a) to a person apparently performing duties at a place approved for the
purpose by the Secretary; or
(b) to a person approved for the purpose by the Secretary; or
(c) in a manner, and to a place, approved for the purpose by the
Secretary.
(5) Subject to subsection (6), a place or person approved for the purposes
of subsection (4) must be a place or person in Australia.
(6) The Secretary may approve a place or person outside Australia for the
purposes of subsection (4) for the lodgment of claims made under a scheduled
international social security agreement.
(7) A person may make a claim in a manner approved by the Secretary for
the purposes of this subsection.
(8) The power of the Secretary to make an approval under subsection (7) is
not limited by any other provision of this section.
(1) A claim for pension bonus must be either:
(a) attached to a proper claim made by the person for age pension and
lodged together with that claim for age pension; or
(b) made in accordance with an invitation under subsection (3).
(2) A claim for pension bonus may be made even though it is
not certain whether the person will start to receive an age pension at or after
the time when the person makes the claim. The claim has effect as a claim that
is contingent on the person receiving an age pension.
(3) If:
(a) a person makes a claim for an age pension; and
(b) the claim is in accordance with a form that does not require the
claimant to disclose whether the claimant is registered as a member
of:
(i) the pension bonus scheme; or
(ii) the corresponding scheme under Part IIIAB of the Veterans’
Entitlements Act; and
(c) the person is, to the knowledge of the Secretary, registered as a
member of the pension bonus scheme; and
(d) a claim by the person for pension bonus is not attached to the claim
for age pension;
the Secretary must give the claimant a written notice inviting the claimant
to lodge a claim for pension bonus:
(e) within such period after the lodgment of the claim for age pension as
is specified in the notice; and
(f) at such place as in specified in the notice.
(4) If a claim for pension bonus is made in accordance with
an invitation under subsection (3), the person is taken to have claimed the
pension bonus at the same time as the person claimed age pension.
(1) A claim for special employment advance must specify the amount of
special employment advance sought.
(2) Subject to subsection (3), if a claim based on the effect of the
unreceived income on the claimant’s special employment advance qualifying
entitlement is lodged before the first day for which special employment advance
is not payable or is reduced as a result of the claimant, or the
claimant’s partner, having earned the income, the claim is taken to have
been made on that day.
(3) If:
(a) the claimant’s special employment advance qualifying entitlement
referred to in subsection (2) is an entitlement in respect of which the
Secretary has determined that this subsection applies; and
(b) the claim is lodged before the day referred to in subsection
(2);
the Secretary may treat the claim as having been made on a day earlier than
the day referred to in subsection (2) that the Secretary considers appropriate
having regard to the kind of entitlement concerned.
(4) A claim based on the need for financial assistance from the
Commonwealth to take up offered employment must set out:
(a) particulars (including the duration) of the employment; and
(b) the way in which the financial assistance is to be expended to enable
the claimant to take up the employment.
(1) A claim for maternity allowance must be made within 26 weeks after the
birth of the child to whom the claim relates.
(2) A claim for maternity immunisation allowance must be made before the
child to whom the claim relates:
(a) reaches the age of 2 years; or
(b) would have reached that age if the child had not died.
(3) If a claim referred to in subsection (1) or (2) is made after the time
fixed by that subsection, the claim is taken not to have been made.
An expression used in this Subdivision has the same meaning as it has in
Part 2.2A of the 1991 Act.
A claim for pension bonus must be made within the lodgment period fixed
by this Subdivision.
(1) If a person’s last bonus period is a full-year period, the
lodgment period for a claim by the person for pension bonus is the period of 13
weeks immediately following that bonus period. However, this rule does not apply
if:
(a) the person is an exempt partnered person for the purposes of section
24 at the end of the person’s last bonus period; or
(b) the person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period;
or
(c) the person is a post-75 member of the pension bonus scheme and has a
post-75 work period (see subsection 26(2)).
(2) For the purposes of this section, if a person has accrued only one
full-year bonus period, that period is the person’s last bonus
period.
(1) If a person’s last bonus period is a part-year period, the
lodgment period for a claim by the person for pension bonus is:
(a) the period of 13 weeks beginning at the end of that bonus period;
or
(b) if the Secretary allows a longer period—that longer
period.
However, this subsection does not apply if:
(c) the person is an exempt partnered person (see subsection 24(2)) at the
end of the person’s last bonus period; or
(d) the person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period;
or
(e) the person is a post-75 member of the pension bonus scheme and has a
post-75 work period (see subsection 26(2)).
(2) If:
(a) subsection (1) applies to a person’s claim for pension bonus;
and
(b) the claim is lodged within a period allowed under paragraph
(1)(b);
Division 6 of Part 2.2A of the 1991 Act has effect, in relation to the
calculation of the amount of that pension bonus, as if the person had not
accrued the part-year bonus period.
(1) If a person is an exempt partnered person at the end of the
person’s last bonus period, the lodgment period applicable to the
person’s claim for pension bonus is the period:
(a) beginning at the end of that bonus period; and
(b) ending at:
(i) the time of the last occasion on which the person’s partner
could have lodged a claim for a pension bonus; or
(ii) the end of the period of 13 weeks after the person ceases to be a
member of the same couple (whether because of the death of the person’s
partner or for any other reason);
whichever comes first.
(2) For the purposes of this section, a person is an exempt partnered
person at a particular time if, at that time, the person is a member of a couple
and:
(a) the person’s partner is an accruing or non-accruing member of
the pension bonus scheme; or
(b) the person’s partner is an accruing or non-accruing member of
the corresponding scheme under Part IIIAB of the Veterans’ Entitlements
Act.
If a person’s membership of the pension bonus scheme becomes
non-accruing immediately after the end of the person’s last bonus period,
the lodgment period applicable to the person’s claim for pension bonus is
the period:
(a) beginning at the end of the person’s last bonus period;
and
(b) ending 13 weeks after the time when the person’s membership of
the scheme ceases to be non-accruing.
(1) If a post-75 member of the pension bonus scheme has a post-75 work
period, the lodgment period for a claim by the person for pension bonus is the
period of 13 weeks beginning at the end of the period nominated in the claim as
the person’s post-75 work period.
(2) For the purposes of this section, a post-75 member of the pension
bonus scheme has a post-75 work period if all of the following requirements are
satisfied:
(a) the person’s claim for pension bonus nominates a particular
period as the person’s post-75 work period;
(b) the nominated period begins immediately after the end of the
person’s last bonus period;
(c) if it were assumed that the person had been an accruing member of the
pension bonus scheme throughout each test period that is applicable to the
person, the person would have passed the work test for each test
period.
(3) For the purposes of subsection (2), the test period or test periods
applicable to a person are worked out as follows:
(a) identify the extended period, which is that part of the
nominated period when the person was neither:
(i) subject to a compensation preclusion period or a carer preclusion
period; nor
(ii) covered by a declaration under section 92Q of the 1991 Act;
(b) if the extended period is 365 days or less—the extended period
is the only test period;
(c) if the extended period is longer than 365 days—each of the
following periods is a test period:
(i) the full-year period beginning at the start of the extended
period;
(ii) if 2 or more succeeding full-year periods are included in the
extended period—each of those full-year periods;
(iii) the period (if any) consisting of the remainder of the extended
period.
(4) In addition to its effect apart from this subsection, section 93B of
the 1991 Act also has the effect it would have if each reference in paragraph
93B(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the pension bonus
scheme were a reference to a post-75 member of the scheme.
(1) If:
(a) claims for maternity allowance and maternity immunisation allowance
are made by a person at the same time in respect of the same child;
and
(b) the child is not a stillborn child; and
(c) maternity allowance is paid to the person in relation to the child;
and
(d) the person ceases to be qualified for family allowance in respect of
the child before the claim for maternity immunisation allowance has been
determined;
the claim for maternity immunisation allowance is taken not to have been
made.
(2) Nothing in subsection (1):
(a) prevents the claimant referred to in that subsection making another
claim for maternity immunisation allowance in respect of the same child;
or
(b) prevents any other person making a claim for maternity immunisation
allowance in respect of the same child.
A person cannot make a claim for a disability support pension unless the
person is under the pension age on the day on which the claim is
lodged.
(1) Subject to sections 30, 31 and 32, a claim for a social security
payment or a concession card may only be made by a person who:
(a) is an Australian resident; and
(b) is in Australia.
(2) Subject to sections 30, 31 and 32, a claim made at a time when the
claimant is not an Australian resident or is not in Australia is taken not to
have been made.
A claim for special benefit may only be made by a person who:
(a) is in Australia; and
(b) satisfies one of the following subparagraphs:
(i) the person is an Australian resident;
(ii) the person has a qualifying residence exemption for special
benefit;
(iii) the person holds a visa determined by the Minister to be a visa to
which this subparagraph applies.
(1) In its application to a claim for:
(a) double orphan pension; or
(b) family allowance; or
(c) family tax payment; or
(d) maternity allowance; or
(e) maternity immunisation allowance; or
(f) mobility allowance;
section 29 has effect as if:
(g) paragraph (1)(b) of that section were omitted; and
(h) the words “or is not in Australia” were omitted from
paragraph (2)(b).
(2) Section 29 does not apply to a claim for parenting payment
if:
(a) the claimant is an Australian resident; and
(b) the claimant, while outside Australia, has been receiving an income
support payment; and
(c) the income support payment has been cancelled or has ceased to be
payable; and
(d) the claim is made within 13 weeks after the income support payment was
cancelled or ceased to be payable, as the case may be.
(3) Section 29 does not apply to a claim made by an approved care
organisation.
(1) This section only has effect in relation to a claim for sickness
allowance.
(2) For the purposes of section 29, if:
(a) a person is temporarily absent from Australia; and
(b) the person is absent in order to seek medical treatment of a kind that
is not available in Australia;
the person is taken to be in Australia:
(c) if the period of absence does not exceed 13 weeks—during the
whole of that period; or
(d) if the period of absence exceeds 13 weeks—during the first 13
weeks of that period.
(1) A claimant for a social security payment or a concession card, or a
person acting on behalf of such a claimant, may withdraw a claim that has not
been determined.
(2) A claim that is withdrawn is taken not to have been made.
(1) A claim may be withdrawn orally or in writing or in any other manner
approved by the Secretary.
(2) If:
(a) a person claims both a pension bonus and an age pension; and
(b) the claim for an age pension is withdrawn;
the claim for a pension bonus is taken to have been withdrawn.
(3) If:
(a) a person claims both a pension bonus and an age pension; and
(b) the claim for an age pension is rejected as a direct or indirect
result of the operation of:
(i) Division 2 of Part 3.12 of the 1991 Act; or
(ii) Part 3.14 of that Act;
the claim for a pension bonus is taken to have been
withdrawn.
(1) Subject to subsection (2), the Secretary must, in accordance with the
social security law, determine a claim for a social security payment or a
concession card, either granting or rejecting the claim.
(2) If a person claims both a pension bonus and an age
pension, the Secretary must not determine the claim for pension bonus until the
claim for age pension has been granted.
(1) Subject to section 39, the Secretary must determine that a claim for a
social security payment is to be granted if the Secretary is satisfied
that:
(a) the claimant is qualified for the social security payment;
and
(b) the social security payment is payable.
(2) The Secretary must determine that a claim for a newstart allowance is
to be granted if the Secretary is satisfied that:
(a) the claimant is qualified, or is expected to be qualified, for the
allowance; and
(b) the allowance would be payable apart from:
(i) the application of a waiting period; or
(ii) the application of an activity test non-payment period; or
(iii) the application of an activity test breach rate reduction period
where the activity test breach rate reduction reduces the rate of newstart
allowance payable to the claimant to nil; or
(iv) the application of an administrative breach rate reduction period
where the administrative breach rate reduction reduces the rate of newstart
allowance payable to the person to nil; or
(v) the application of an income maintenance period where the rate of
newstart allowance payable to the person is nil.
(3) The Secretary must determine that a claim for a social security
payment to which this subsection applies is to be granted if the Secretary is
satisfied that:
(a) the person is qualified, or is expected to be qualified, for the
payment; and
(b) the payment would be payable if the person were not subject to a
seasonal work preclusion period.
(4) Subsection (3) applies to the following social security
payments:
(a) mature age allowance under Part 2.12A;
(b) mature age allowance under Part 2.12B;
(c) newstart allowance;
(d) parenting payment;
(e) partner allowance;
(f) widow allowance;
(g) youth allowance.
(5) If:
(a) a determination has been made under subsection (1) granting a claim
for a newstart allowance to a person who was qualified for the allowance under
subsection 593(1B) of the 1991 Act; and
(b) the person ceases to be qualified for the allowance under subsection
593(1B) of the 1991 Act but becomes qualified for the allowance under subsection
593(1) of that Act within 14 days after the person ceased to be qualified under
subsection 593(1B);
the Secretary may make a determination varying the first-mentioned
determination to give effect to any change in the person’s start
day.
(6) The Secretary must determine that a claim for youth allowance or
austudy payment is to be granted if the Secretary is satisfied that:
(a) the person is qualified, or is expected to be qualified, for the
allowance or payment; and
(b) the allowance or payment would be payable, apart from:
(i) the application of a waiting period; or
(ii) the application of an activity test non-payment period; or
(iii) the application of an activity test breach rate reduction period
where the activity test breach rate reduction reduces the rate of allowance or
payment payable to the claimant to nil; or
(iv) the application of an administrative breach rate reduction period
where the administrative breach rate reduction reduces the rate of allowance or
payment payable to the person to nil; or
(v) the application of an income maintenance period where the rate of
allowance or payment payable to the person is nil.
(7) The Secretary must make a determination granting a claim for a
concession card if the Secretary is satisfied that the claimant is qualified for
the card.
(1) Subject to subsection (2), the Secretary must refuse a claim for
special employment advance if:
(a) the claim is based on the effect of unreceived income on the
claimant’s special employment advance qualifying entitlement;
and
(b) the Secretary is satisfied that the income will be received within 2
days after the claim is made.
(2) Subsection (1) does not apply if the Secretary considers that the
claimant’s financial needs are such that the claim should be
granted.
(3) In this section:
unreceived income has the same meaning as in subsection
1061EM(1) of the 1991 Act.
(1) Subject to subsections (2) and (3), if the Secretary does not make a
determination regarding a claim within the period of 13 weeks after the day on
which the claim was made, the Secretary is taken to have made, at the end of
that period, a determination rejecting the claim.
(2) If a person makes a claim for maternity immunisation allowance,
subsection (1) has effect in relation to the claim as if the period referred to
in that subsection were the period:
(a) starting immediately after the day on which the claim is lodged;
and
(b) ending at the earlier of the following times:
(i) the end of the period of 104 weeks starting immediately after the day
on which the claim is lodged;
(ii) the day on which the child concerned reaches the age of 2
years.
(3) If:
(a) a person makes a claim for a social security payment that is a
relevant social security payment for the purposes of subclause 4(1) of Schedule
2; and
(b) the person is not, on the day on which the claim is made, qualified
for the payment; and
(c) assuming the person does not sooner die, the person will, because of
the passage of time or the occurrence of an event, become qualified for the
payment within the period of 13 weeks after the day on which the claim is made;
and
(d) the person becomes so qualified within that period;
the claim is taken, for the purposes of subsection (1), to be made on the
day on which the person becomes qualified.
(4) If the Secretary asks a person who has made a claim for a social
security payment or a concession card or another person for information in
relation to the claim, the period that:
(a) begins on the day on which the Secretary asks for the information;
and
(b) ends on the day on which the information is given to the
Secretary;
is not counted for the purpose of subsection (1).
(1) The Secretary may make a determination rejecting a claim for a social
security payment if:
(a) the claimant has been given a notice under subsection 65(2);
and
(b) the Secretary is not satisfied that the claimant has taken reasonable
action to obtain a comparable foreign payment at the highest rate applicable to
the claimant within the period specified in the notice.
(2) The Secretary may make a determination rejecting a claim for a social
security payment if:
(a) the claimant has been given a notice under subsection 65(3);
and
(b) the Secretary is not satisfied that the claimant’s partner has
taken reasonable action to obtain a comparable foreign payment at the highest
rate applicable to the partner within the period specified in the
notice.
Unless another provision of the social security law provides otherwise, a
social security payment becomes payable to a person on the person’s start
day in relation to the social security payment.
For the purposes of the social security law, a person’s start day
in relation to a social security payment or a concession card is the day worked
out in accordance with Schedule 2.
(1) A social security periodic payment is to be paid:
(a) in arrears; and
(b) by instalments relating to such periods (not exceeding 14 days) as the
Secretary determines.
(2) Subject to sections 51 and 52, instalments of a social security
periodic payment are to be paid at such times as the Secretary
determines.
(3) Subject to subsection (4), the amount that is to be paid to a person
as an instalment of a social security periodic payment in relation to a period
is the total of the amounts of the social security periodic payment (calculated
by reference to the daily rate of payment applicable to each day) payable to the
person for days in that period on which the social security periodic payment was
payable to the person.
(4) If:
(a) an amount (the added amount) of pharmaceutical allowance
is added to a person’s maximum basic rate in working out the amount of an
instalment of a social security payment; and
(b) apart from this subsection, the amount of the instalment would be less
than the person’s fortnightly PA rate;
the amount of the instalment is to be increased to the person’s
fortnightly PA rate.
(5) For the purposes of subsection (4), a person’s fortnightly PA
rate is worked out by dividing the added amount by 26.
(6) Each of the periods determined by the Secretary under subsection (1)
is an instalment period in relation to the social security periodic
payment.
(1) Subject to subsection (4) and section 44, instalments of a
person’s social security periodic payment are to be paid to that
person.
(2) Subject to subsection (4), if, by virtue of a determination under
subsection 45(2), a person’s special employment advance is to be paid by
instalments, the instalments are to be paid to that person.
(3) The Secretary may, in writing, direct that the whole or a part of the
instalments of a person’s social security periodic payment or special
employment advance are to be paid to someone else on behalf of the
person.
(4) If the Secretary gives a direction under subsection (3), the
instalments are to be paid in accordance with the direction.
(5) Subsections (3) and (4) do not apply in relation to instalments of
youth allowance to which section 44 applies.
(1) Subject to subsection (2), instalments of youth allowance of a person
who is under 18 years of age and is not independent are to be paid on behalf of
the person:
(a) if the person has only one living parent—to that parent;
or
(b) if the person has more than one living parent—to the parent
nominated in writing by the person to the Secretary.
(2) The Secretary may direct that the whole or a part of the instalments
of youth allowance of a person referred to in subsection (1) is to be
paid:
(a) to the person; or
(b) to someone other than the person’s parent on behalf of the
person.
(3) If the Secretary gives a direction under subsection (2), the
instalments are to be paid in accordance with the direction.
(1) Unless the Secretary makes a determination under subsection (2), a
person’s special employment advance is to be paid in accordance with
section 46.
(2) If the Secretary considers that it is appropriate for a person’s
special employment advance to be paid by instalments, the Secretary may
determine that the person’s special employment advance is to be so
paid.
(1) In this section:
lump sum benefit means:
(a) an advance payment under section 864A or Part 2.22 of the 1991 Act;
or
(b) crisis payment; or
(c) disaster relief payment; or
(d) education entry payment; or
(e) employment entry payment; or
(f) fares allowance; or
(g) maternity allowance; or
(h) maternity immunisation allowance; or
(i) special employment advance, except where the Secretary has made a
determination under subsection 45(2).
(2) Subject to subsection (4), a person’s lump sum benefit is to be
paid to the person.
(3) The Secretary may direct that the whole or a part of a person’s
lump sum benefit is to be paid to someone else on behalf of the
person.
(4) If the Secretary gives a direction under subsection (3), the lump sum
benefit is to be paid in accordance with the direction.
(1) Telephone allowance is to be paid by instalments.
(2) An instalment of telephone allowance is to be paid to a person on each
telephone allowance payday on which telephone allowance is payable to the
person.
(3) The amount of an instalment of telephone allowance is worked out by
dividing the amount of the annual rate of telephone allowance by 4.
(4) In this section:
telephone allowance payday, in relation to a person, means
the first day on which an instalment of a social security periodic payment would
normally be paid to the person on or after any of the following:
(a) 1 January;
(b) 20 March;
(c) 1 July;
(d) 20 September.
(1) Subject to subsection (2), fares allowance for a journey by a person
is to be paid as a reimbursement after the journey is made.
(2) If the journey has not been made, the fares allowance for the journey
is to be paid before the journey is made.
(1) Subject to subsection (4), if the person is or was receiving youth
allowance at the time of the making of the journey, fares allowance is to be
paid to the person to whom instalments of the youth allowance are or were being
paid under section 43 or 44.
(2) Subject to subsection (4), if the person is or was receiving austudy
payment at the time of the making of the journey, fares allowance is to be paid
to the person to whom instalments of the austudy payment are or were being paid
under section 43.
(3) Subject to subsection (4), if the person is or was receiving pensioner
education supplement at the time of the making of the journey, fares allowance
is to be paid to the person to whom instalments of the pensioner education
supplement are or were being paid under section 43.
(4) If the fares allowance is to be paid as referred to in subsection
48(2), it is to be paid, on behalf of the person, to the commercial operator who
provides the person’s means of travel.
(5) This section has effect subject to section 57.
(1) If:
(a) the Secretary determines:
(i) that a claim by a person who is in Australia for a social security
benefit or pension is to be granted; or
(ii) that a social security benefit or pension is payable to a person
under section 84; and
(b) the Secretary is satisfied that, if the person is required to wait
until the end of:
(i) the first instalment period in relation to the benefit or pension;
or
(ii) the first instalment period in relation to the benefit or pension
after the resumption of payment of the benefit or pension;
for payment of an instalment, the person will suffer severe financial
hardship;
the Secretary may determine that a specified amount is to be paid to the
person in advance.
(2) The amount paid under a determination under subsection (1) is not to
exceed the amount that, in the opinion of the Secretary, would be the total of
the amounts payable to the person for the first 14 days on which the benefit or
pension is payable to the person.
(3) An amount paid to a person under subsection (1) is taken to be an
advance payment of the instalment or instalments, or of that part of the
instalment or instalments, that relate to the days referred to in subsection
(2).
(1) This section applies to the following social security
payments:
(a) age pension;
(b) bereavement allowance;
(c) carer payment;
(d) disability support pension;
(e) mature age allowance payable under Part 2.12A of the 1991
Act;
(f) mature age partner allowance payable under Part 2.12A of the 1991
Act;
(g) pension PP (single) to which clause 105A of Schedule 1A to the 1991
Act applies;
(h) pensioner education supplement;
(i) widow B pension;
(j) wife pension.
(2) If a person who is receiving a social security payment to which this
section applies is outside Australia, instalments of the payment are to be paid
to the person at such times as the Secretary determines for the purposes of this
section.
(1) If:
(a) an age pension or a disability support pension is payable to a person;
and
(b) the person is receiving a veteran’s disability pension;
and
(c) the Secretary has made a determination, for the purposes of this
subsection, that instalments of age pension or disability support pension, as
the case may be, are to be paid to the person on the days on which instalments
of the veteran’s disability pension are paid to the person; and
(d) the determination has not been revoked;
instalments of age pension or disability support pension are to be paid to
the person in accordance with the determination.
(2) If:
(a) an age pension or a disability support pension is payable to a person;
and
(b) the person’s partner is receiving:
(i) an age pension and a veteran’s disability pension; or
(ii) a disability support pension and a veteran’s disability
pension; and
(c) the Secretary has made a determination, for the purposes of this
subsection, that instalments of age pension or disability support pension, as
the case may be, are to be paid to the person on the days on which instalments
of the veteran’s disability pension are paid to the person’s
partner; and
(d) the determination has not been revoked;
instalments of age pension or disability support pension are to be paid to
the person in accordance with the determination.
(3) If:
(a) a person is receiving a wife pension; and
(b) the person’s partner is receiving:
(i) an age pension and a veteran’s disability pension; or
(ii) a disability support pension and a veteran’s disability
pension; and
(c) the Secretary has made a determination, for the purposes of this
subsection, that instalments of wife pension are to be paid to the person on the
days on which instalments of the veteran’s disability pension are paid to
the person’s partner; and
(d) the determination has not been revoked;
instalments of wife pension are to be paid to the person in accordance with
the determination.
(1) In this section:
instalment means an instalment of a social security
payment.
(2) If the amount of an instalment would be:
(a) one or more whole dollars and a part of a cent; or
(b) one or more whole dollars and cents and a part of a cent;
the amount is to be increased or decreased to the nearest whole
cent.
(3) If the amount of an instalment would be:
(a) one or more whole dollars and 0.5 cent; or
(b) one or more whole dollars and cents and 0.5 cent;
the amount is to be increased by 0.5 cent.
(4) If, apart from this subsection, the amount of an instalment would be
less than $1.00, the amount is to be increased to $1.00.
(1) An amount (the relevant amount) that is to be paid to a
person under section 43, 44, 46, 47 or 49 is to be paid in the manner set out in
this section.
(2) Subject to subsection (4), the relevant amount is to be paid to the
credit of a bank account nominated and maintained by the person.
(3) The account may be an account that is maintained by the person either
alone or jointly or in common with another person.
(4) The Secretary may direct that the whole or a part of the relevant
amount be paid to the person in a different way from that provided for by
subsection (2). If the Secretary gives a direction, the relevant amount is to be
paid in accordance with the direction.
(5) If, at the end of the period of 28 days starting on the day on which
the Secretary requested the person to nominate an account for the purposes of
subsection (2) (the 28 day period):
(a) the person has not nominated an account for the purposes of subsection
(2); and
(b) the Secretary has not given, or has revoked, a direction under
subsection (4) in relation to the payment of the relevant amount to the
person;
the relevant amount ceases to be payable to the person.
(6) If the person nominates an account for the purposes of subsection (2)
after the end of the 28 day period, the relevant amount again becomes payable to
the person and is so payable:
(a) if the nomination is made within 13 weeks after the end of the 28 day
period—on and from the first day after the end of that period;
or
(b) if the nomination is not so made—on and from the day on which
the nomination is made.
(7) Subsection (6) does not apply at a time when, because of the operation
of another provision of the social security law, the relevant amount is not
payable to the person.
(1) This section applies to a person if:
(a) the person is under 18 years of age and is not independent;
and
(b) youth allowance has become payable to the person; and
(c) the person has more than one living parent; and
(d) at the end of the period of 28 days starting on the day on which youth
allowance became payable to the person:
(i) the person has not nominated a parent for the purposes of subsection
44(1); and
(ii) the Secretary has not given a direction under subsection 44(2) in
relation to payment of instalments of the person’s youth
allowance.
(2) Youth allowance is not payable to a person while this section applies
to the person.
(3) If a person to whom this section applies nominates a parent for the
purposes of subsection 44(1), this section ceases to apply to the
person.
If the Secretary is satisfied that an amount that would, apart from this
section, be paid on a particular day cannot reasonably be paid on that day, the
Secretary may direct that the amount be paid on an earlier day.
(1) If:
(a) an amount representing a social security payment (other than pension
bonus) is payable to a person; and
(b) the person dies; and
(c) another person applies to receive the amount; and
(d) the application is made:
(i) within 26 weeks after the death; or
(ii) within such further period as is allowed by the Secretary in the
special circumstances of the case;
the Secretary may pay the amount to the person who, in the
Secretary’s opinion, is best entitled to it.
(2) If the Secretary pays an amount of a social security payment under
subsection (1), the Commonwealth has no further liability to any person in
respect of that amount.
(1) This section sets out the only circumstances in which a
pension bonus will be payable after the death of the person concerned.
(2) If:
(a) a person claims a pension bonus; and
(b) the person dies; and
(c) at the time of the person’s death, the claim had been granted,
but the person had not received the bonus;
the bonus is payable to the legal personal representative of the
person.
(3) If:
(a) a person claims a pension bonus; and
(b) the person dies; and
(c) at the time of the person’s death, the claim had not been
determined;
then:
(d) the Secretary must determine the claim after the person’s death
as if the person had not died; and
(e) if the claim is granted—the bonus is payable to the legal
personal representative of the person.
(4) If:
(a) under paragraph (3)(d), the Secretary is required to determine a claim
for pension bonus after a person’s death; and
(b) at the time of the person’s death, the person’s claim for
age pension had not been determined;
then, for the purposes of the determination of the claim for pension bonus,
the following provisions have effect:
(c) the requirements of paragraph 92C(a) of the 1991 Act are taken to be
satisfied if:
(i) the person would have started to receive an age pension if he or she
had not died; and
(ii) that age pension would have been received otherwise than because of a
scheduled international social security agreement;
(d) Division 6 of Part 2.2A of the 1991 Act has effect as if:
(i) a reference in that Division to a particular rate were a reference to
the rate that would have been applicable to the person if the person had not
died; and
(ii) a reference in that Division to the date of grant of the age pension
were a reference to the date on which the age pension would have been granted if
the person had not died;
(e) this Act has effect as if subsections 17(2) and 34(2) were
omitted.
(5) If a pension bonus is paid under subsection (2) or (3),
the Commonwealth has no further liability to any person in respect of that
bonus.
(1) A social security payment is absolutely inalienable, whether by way
of, or in consequence of, sale, assignment, charge, execution, bankruptcy or
otherwise.
(2) This section has effect subject to:
(a) sections 60 and 239 of this Act; and
(b) sections 1231 and 1234A of the 1991 Act.
The Secretary may make deductions from instalments of a social security
payment payable to a person if the person asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts deducted to the Commissioner of Taxation.
(1) If:
(a) a person has an account with a financial institution; and
(b) either or both of the following subparagraphs apply:
(i) instalments of a social security payment payable to the person
(whether on the person’s own behalf or not) are being paid to the credit
of the account;
(ii) an advance payment of a social security payment payable to the person
(whether on the person’s own behalf or not) has been paid to the credit of
the account; and
(c) a court order in the nature of a garnishee order comes into force in
respect of the account;
the court order does not apply to the saved amount (if any) in the
account.
(2) The saved amount is worked out as follows:
Method statement
Step 1. Work out the total amount payable to the person in respect
of the social security payment that has been paid to the credit of the account
during the 4 week period immediately before the court order came into
force.
Step 2. Subtract from that amount the total amount withdrawn from
the account during the same 4 week period: the result is the saved
amount.
(3) This section applies to an account whether it is maintained by a
person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
(1) This section applies to a person if:
(a) either:
(i) the person is receiving, or has made a claim for, a social security
payment; or
(ii) the person is the holder of, or has made a claim for, a concession
card; and
(b) the person is not a person to whom section 63 applies.
(2) If the Secretary is of the opinion that a person to whom this section
applies should:
(a) attend an office of the Department; or
(b) contact the Department; or
(c) attend a particular place for a particular purpose; or
(d) give information to the Secretary;
the Secretary may give the person written notice that he or she is
required, within a specified time, to:
(e) attend that office; or
(f) contact the Department; or
(g) attend that place for that purpose; or
(h) give that information;
as the case may be.
(3) If:
(a) a person is receiving, or has made a claim for, a social security
payment; and
(b) the Secretary gives the person a notice under subsection (2);
and
(c) the requirement of the notice is reasonable; and
(d) the person does not comply with the requirement;
the following paragraphs have effect:
(e) if the person is receiving a newstart allowance or a youth allowance,
the allowance is not payable, and if, at a later time, a newstart allowance or
youth allowance becomes payable to the person, an administrative breach rate
reduction period applies to the person;
(f) in any other case, the payment that the person is receiving or has
claimed is not payable.
(4) If:
(a) a person is the holder of, or has made a claim for, a concession card;
and
(b) the Secretary gives the person a notice under subsection (2);
and
(c) the requirement of the notice is reasonable; and
(d) the person does not comply with the requirement;
the person ceases to be qualified, or is not qualified, as the case
requires, for a concession card.
(5) The Secretary may give a person a notice under subsection (2) by
sending the notice by prepaid post addressed to the person at the postal address
of the person last known to the Secretary. This subsection does not prevent the
Secretary from giving the person notice in any other way.
(6) The Secretary may determine:
(a) that a social security payment that was not payable because of
paragraph (3)(f) is payable to a person; or
(b) that an administrative breach rate reduction period does not apply to
a person under paragraph (3)(e);
if the Secretary is satisfied that the person had a reasonable excuse for
not complying with the requirement of the notice under subsection (2).
(7) The Secretary may determine that a person who, by virtue of subsection
(4), has ceased to be, or is not, qualified for a concession card is qualified
for such a card if the Secretary is satisfied that the person has a reasonable
excuse for not complying with the requirement of the notice under subsection
(2).
(8) A notice under subsection (2) must inform the person to whom it is
given of the effect of this section.
(1) This section applies to a person if:
(a) the person has made a claim for a disability support pension and the
claim has not been determined; or
(b) the person is receiving a disability support pension; or
(c) the person has made a claim for sickness allowance; or
(d) the person is receiving sickness allowance; or
(e) the person has made a claim for a newstart allowance but is
temporarily incapacitated for work because of sickness or the occurrence of an
accident; or
(f) the person is receiving a newstart allowance and is exempt from the
activity test under Subdivision BA of Division 1 of Part 2.12 of the 1991 Act;
or
(g) the person has made a claim for youth allowance and:
(i) is temporarily incapacitated for work; or
(ii) does not have the capacity to undertake the course of education as
part of which he or she is undertaking full-time study; or
(h) the person is receiving a youth allowance and has a temporary
incapacity exemption under section 542A of the 1991 Act.
(2) If:
(a) this section applies to a person; and
(b) the Secretary is of the opinion that the person should:
(i) attend an office of the Department; or
(ii) contact the Department; or
(iii) attend a particular place for a particular purpose; or
(iv) complete a questionnaire; or
(v) undergo a medical, psychiatric or psychological examination;
or
(vi) give information to the Secretary;
the Secretary may give the person written notice that the person is
required, within a specified time, to:
(c) attend that office; or
(d) contact the Department; or
(e) attend that place for that purpose; or
(f) complete that questionnaire; or
(g) undergo that examination and provide to the Secretary the report, in
the approved form, of the person who conducts the examination; or
(h) give that information to the Secretary;
as the case may be.
(3) The Secretary may give a person notice for the purposes of subsection
(2) by sending the notice by prepaid post addressed to the person at his or her
postal address last known to the Secretary. This subsection does not prevent the
Secretary from giving the person notice in any other way.
(4) If:
(a) the Secretary gives a person a notice under subsection (2);
and
(b) the Secretary is satisfied that it is reasonable for this section to
apply to the person; and
(c) the person does not take reasonable steps to comply with the
requirement of the notice;
the following paragraphs have effect:
(d) if the person is a person referred to in paragraph (1)(a), a
disability support pension is not payable to the person;
(e) if the person is a person referred to in paragraph (1)(b), disability
support pension ceases to be payable to the person;
(f) if the person is a person referred to in paragraph (1)(c), sickness
allowance is not payable to the person;
(g) if the person is a person referred to in paragraph (1)(d), sickness
allowance ceases to be payable to the person;
(h) if the person is a person referred to in paragraph (1)(e), a newstart
allowance is not payable to the person;
(i) if the person is a person referred to in paragraph (1)(f), the person
ceases to be exempt from the activity test referred to in that
paragraph;
(j) if the person is a person referred to in paragraph (1)(g), youth
allowance is not payable to the person;
(k) if the person is a person referred to in paragraph (1)(h), the person
ceases to have the temporary incapacity exemption referred to in that
paragraph.
(5) A notice under subsection (2) must inform the person to whom it is
given of the effect of this section.
(1) Subject to subsection (3), a claim for sickness allowance must be
supported by the certificate of a medical practitioner which states:
(a) the medical practitioner’s diagnosis; and
(b) the medical practitioner’s prognosis; and
(c) that the person is incapacitated for work; and
(d) the period for which the person is incapacitated for work.
(2) A certificate for the purpose of subsection (1) must be in accordance
with a form approved by the Secretary.
(3) A person’s claim for sickness allowance need not be supported by
a medical certificate if the person is claiming to be qualified for sickness
allowance under section 667 of the 1991 Act.
(4) The Secretary may, in special circumstances, direct that subsection
(1) or (2) does not apply in relation to a claim.
(1) This section applies to the following social security
payments:
(a) age pension;
(b) bereavement allowance;
(c) carer payment:
(d) disability support pension;
(e) parenting payment;
(f) special needs age pension;
(g) special needs disability support pension;
(h) special needs widow B pension;
(i) special needs wife pension;
(j) widow allowance;
(k) widow B pension;
(l) wife pension.
(2) If:
(a) a person claims, or is receiving, a social security payment to which
this section applies; and
(b) the Secretary is satisfied that the person may be entitled to a
comparable foreign payment from a CFP country if the person applied for the
payment;
the Secretary may give the person a notice that requires the person to take
reasonable action to obtain the payment at the highest rate applicable to the
person.
(3) If:
(a) a person claims, or is receiving, a social security payment to which
this section applies; and
(b) the Secretary is satisfied that the person’s partner may be
entitled to a comparable foreign payment from a CFP country if the partner
applied for the payment;
the Secretary may give the person a notice that requires the partner to
take reasonable action to obtain the payment at the highest rate applicable to
the partner.
(4) A notice under subsection (2) or (3):
(a) must be given in writing; and
(b) may be given personally or by post or in any manner approved by the
Secretary; and
(c) must specify the period within which the reasonable action is to be
taken.
(5) The period specified under paragraph (4)(c) must not end earlier than
14 days after the day on which the notice is given.
(1) Subsection (2) applies to a person if:
(a) the person has made a claim for a social security payment;
and
(b) either:
(i) the claim has been granted; or
(ii) the claim has not been determined.
(2) The Secretary may give a person to whom this subsection applies a
notice in writing that requires the person to do either or both of the
following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of
circumstances is likely to occur;
(b) give the Department a statement about a matter that might affect the
payment to the person of the social security payment.
(3) Subsection (4) applies to a person if:
(a) the person has made a claim for a concession card; and
(b) either:
(i) the claim has been granted; or
(ii) the claim has not been determined.
(4) The Secretary may give a person to whom this subsection applies a
notice in writing that requires the person to do either or both of the
following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of
circumstances is likely to occur;
(b) give the Department a statement about a matter that might affect the
person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice
under this section unless the occurrence of the event or change of circumstances
might affect the payment of the social security payment or the person’s
qualification for the concession card, as the case requires.
(1) Subsection (2) applies to a person to whom a social security payment
is being paid.
(2) The Secretary may give a person to whom this subsection applies a
notice that requires the person to do either or both of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of
circumstances is likely to occur;
(b) give the Department a statement about a matter that might affect the
payment to the person of the social security payment.
(3) Subsection (4) applies to a person who is the holder of a concession
card.
(4) The Secretary may give a person to whom this subsection applies a
notice that requires the person to do either or both of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of
circumstances is likely to occur;
(b) give the Department a statement about a matter that might affect the
person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice
under this section unless the occurrence of the event or change of circumstances
might affect the payment of the social security payment or the person’s
qualification for the concession card, as the case requires.
(1) Subsection (2) applies to a person who is not receiving a social
security payment but to whom a social security payment has at any time been
paid.
(2) The Secretary may give a person to whom this subsection applies a
notice that requires the person to do either or both of the following:
(a) inform the Department whether a specified event or change of
circumstances has occurred;
(b) give the Department a statement about a matter that might have
affected the payment to the person of the social security payment.
(3) Subsection (4) applies to a person who is not the holder of a
concession card but has at any time held such a card.
(4) The Secretary may give a person to whom this subsection applies a
notice that requires the person to do either or both of the following:
(a) inform the Department whether a specified event or change of
circumstances has occurred;
(b) give the Department a statement about a matter that might have
affected the person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice
under this section unless the occurrence of the event or change of circumstances
might have affected the payment of the social security payment or the
person’s qualification for the concession card, as the case
requires.
(6) A person is not required to comply with a notice under this section if
the notice requires the person to give information or a statement about an event
or change of circumstances that occurred, or a matter that arose, more than 13
weeks before the giving of the notice.
If a person is being paid a carer payment because he or she is providing
constant care for a care receiver (other than one to whom subsection 198(7) of
the 1991 Act applies) or care receivers, the Secretary may give a notice
to:
(a) any care receiver who is 16 or more; or
(b) a parent of any care receiver who is under 16;
that requires the care receiver or parent, as the case may be, to inform
the Department if:
(c) a specified event or change of circumstances occurs; or
(d) he or she becomes aware that a specified event or change of
circumstances is likely to occur.
The Secretary may give a person who is receiving family allowance or
family tax payment a notice that requires the person to inform the Department if
the person has changed or changes his or her address.
(1) A notice under this Subdivision:
(a) must be given in writing; and
(b) may be given personally or by post or in any other manner approved by
the Secretary; and
(c) must specify how the person is to give the information or statement to
the Department; and
(d) must specify the period within which the person is to give the
information or statement to the Department; and
(e) must specify that the notice is an information notice given under the
social security law.
(2) A notice under this Subdivision is not invalid merely because it fails
to comply with paragraph (1)(c) or (e).
(3) Subject to subsections (4), (5), (6) and (7), the period specified for
the purpose of paragraph (1)(d) must:
(a) in the case of a notice under section 66, 67 or 68 that requires the
giving of information about an event or change of circumstances consisting of
the receipt by the person of a compensation payment—be the period of 7
days after the day on which the person becomes aware that he or she has
received, or is to receive, a compensation payment; or
(b) in the case of a notice under section 66, 67 or 68 that requires the
giving of any other information, or a notice under section 69—be the
period of 14 days after:
(i) the day on which the event or change of circumstances occurs;
or
(ii) the day on which the person becomes aware that the event or change of
circumstances is likely to occur;
as the case may be; or
(c) in the case of a notice under section 66 or 67 that requires the
giving of a statement that relates to the payment of the social security payment
in respect of a period specified in the notice—end not earlier than 7 days
after the day on which the notice is given; or
(d) in the case of a notice under section 66, 67 or 68 that requires the
giving of a statement, not being a notice to which paragraph (c)
applies—end not earlier than 14 days after the day on which the notice is
given;
(e) in the case of a notice under section 70—be the period of 14
days after:
(i) the day on which the recipient of the notice changed or changes his or
her address; or
(ii) the day on which the notice is given;
whichever is the later.
(4) If the Secretary is satisfied that there are special circumstances
related to a person who is to be given a notice under this Subdivision (other
than a notice under section 70) that requires the giving of information about an
event or change of circumstances, the period to be specified for the purpose of
paragraph (1)(d) is such period as the Secretary directs in writing, being a
period that ends not less than 15 days, and not more than 28 days,
after:
(a) in the case of a notice under section 66 or 67:
(i) the day on which the event or change of circumstances occurs;
or
(ii) the day on which the person becomes aware that the event or change of
circumstances is likely to occur; or
(b) in the case of a notice under section 68—the day on which the
notice is given.
(5) If the Secretary is satisfied that, having regard to:
(a) special circumstances related to the person to whom a notice under
section 70 is to be given; or
(b) the likely circumstances of the person when the notice is
given;
it is desirable that the period specified in the notice for the purpose of
paragraph (1)(d) be extended, the period to be so specified is such period as
the Secretary directs in writing, being a period that ends not earlier than 15
days, and not later than 28 days, after:
(c) the day on which the recipient of the notice changed or changes his or
her address; or
(d) the day on which the notice is given;
whichever is the later.
(6) If a notice under section 66 or 67 specifies an event consisting of
the death of a person, the period to be specified under paragraph (1)(d) is a
period of 28 days after the day on which the event occurs.
(7) To the extent that a notice under section 66, 67 or 70 requires a
person to inform the Department of any proposal by the person to leave
Australia, subsection (3) does not apply to the notice.
(8) For the purposes of any provision of this Act, other than section 73
or a provision of Part 6, a person is taken to have failed to comply with a
notice under this Subdivision if the person, in response to the notice,
knowingly or recklessly gives information or a statement that is false or
misleading.
(9) Nothing in this section prevents the giving of more than one notice
under this Subdivision to the same person in relation to:
(a) a claim by the person for the same social security payment or
concession card; or
(b) the receipt by the person of the same social security payment;
or
(c) the holding by the person of the same concession card.
Sections 66 to 71 extend to:
(a) acts, omissions, matters and things outside Australia, whether or not
in a foreign country; and
(b) all persons irrespective of their nationality or
citizenship.
A person must not, without reasonable excuse, refuse or fail to comply
with a notice under section 66, 67, 68 or 69 to the extent that the person is
capable of complying with the notice.
Penalty: Imprisonment for 6 months.
(1) This section applies to a person in Australia who:
(a) has made a claim for a social security payment; or
(b) is receiving a social security payment.
(2) The Secretary may request, but not compel, a person to whom this
section applies:
(a) if the person has a tax file number—to give the Secretary a
written statement of the person’s tax file number; or
(b) if the person does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number;
and
(ii) to give the Secretary a written statement of the person’s tax
file number after the Commissioner of Taxation has issued it.
(3) If:
(a) this section applies to a person; and
(b) the person is a member of a couple; and
(c) the person’s partner is in Australia;
the Secretary may request, but not compel, the person to give the Secretary
a written statement of the tax file number of the person’s
partner.
(4) If:
(a) this section applies to a person (the recipient) because
the person is receiving a social security payment; and
(b) the income of a person (other than the recipient) is required to be
taken into account for the purpose of working out the rate of the
recipient’s social security payment; and
(c) the person referred to in paragraph (b) is in Australia;
the Secretary may request, but not compel, the recipient to give the
Secretary a written statement of the tax file number or numbers of each person
who is a person referred to in paragraph (b).
(1) If the Secretary makes a request under subsection 74(2) of a person
who has made a claim for, or is receiving, a social security payment, the social
security payment is not payable to the person unless, within 28 days after the
request is made:
(a) the person satisfies the request; or
(b) the person satisfies subsection (2) or (3) of this section.
(2) A person satisfies this subsection if:
(a) the person has given the Secretary an employment declaration;
and
(b) the declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the person of the
person’s tax file number; and
(c) the person has given the Secretary a document that authorises the
Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—that number; and
(d) the Commissioner of Taxation has not told the Secretary that the
person has no tax file number.
(3) A person satisfies this subsection if:
(a) the person has given the Secretary an employment declaration;
and
(b) the declaration states that an application by the person for a tax
file number is pending; and
(c) the person has given the Secretary a document that authorises the
Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person—that number;
or
(ii) if the application is refused—that the application has been
refused; or
(iii) if the application is withdrawn—that the application has been
withdrawn; and
(d) the Commissioner has not told the Secretary that the person has not
applied for a tax file number, that an application by the person for a tax file
number has been refused or that the person has withdrawn an application for a
tax file number.
(1) If the Secretary makes a request under subsection 74(3) of a person
who has made a claim for, or is receiving, a social security payment, the social
security payment is not payable to the person unless, within 28 days after the
request is made:
(a) the person satisfies the request; or
(b) the person satisfies subsection (3) or (4) of this section;
or
(c) the Secretary exempts the person from the need to satisfy the
request.
(2) If the Secretary makes a request under subsection 74(4) of a person
who is receiving a social security payment, the social security payment is not
payable to the person unless, within 28 days after the request is
made:
(a) the person satisfies the request; or
(b) the person satisfies subsection (3) or (4) of this section;
or
(c) the Secretary exempts the person from the need to satisfy the
request.
(3) A person satisfies this subsection if:
(a) the person has given the Secretary a declaration by the related person
in accordance with a form approved by the Secretary; and
(b) the declaration states that the related person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the related person
of his or her tax file number; and
(c) the person has given the Secretary a document in which the related
person authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the related person has a tax file number; and
(ii) if the related person has a tax file number—that number;
and
(d) the Commissioner of Taxation has not told the Secretary that the
related person has no tax file number.
(4) A person satisfies this subsection if:
(a) the person has given the Secretary a declaration by the related person
in accordance with a form approved by the Secretary; and
(b) the declaration states that an application by the related person for a
tax file number is pending; and
(c) the person has given the Secretary a document in which the related
person authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the related person—that
number; or
(ii) if the application is refused—that the application has been
refused; or
(iii) if the application is withdrawn—that the application has been
withdrawn; and
(d) the Commissioner of Taxation has not told the Secretary that an
application by the related person for a tax file number has been refused or
withdrawn.
(5) The Secretary may exempt a person from compliance with a request for a
statement of a related person’s tax file number if the Secretary is
satisfied that:
(a) the person does not know the related person’s tax file number;
and
(b) the person can obtain none of the following from the related
person:
(i) the related person’s tax file number;
(ii) a statement of the related person’s tax file number;
(iii) a declaration by the related person under paragraph (3)(a) or
(4)(a).
(6) In this section:
related person means:
(a) in relation to a person of whom a request has been made under
subsection 74(3)—the person’s partner; or
(b) in relation to a person of whom a request has been made under
subsection 74(4)—a person who is a person referred to in paragraph
74(4)(b).
If the Secretary is satisfied that the rate at which a social security
payment is being, or has been, paid is less than the rate provided for by the
social security law, the Secretary must:
(a) determine that the rate is to be increased to the rate provided for by
the social security law; and
(b) specify the last-mentioned rate in the determination.
(1) If the Secretary is satisfied that the rate at which a social security
payment is being, or has been, paid is more than the rate provided for by the
social security law, the Secretary is to:
(a) determine that the rate is to be reduced to the rate provided for by
the social security law; and
(b) specify the last-mentioned rate in the determination.
(2) Subsection (1) does not authorise the Secretary to make a
determination if:
(a) the rate at which a social security payment is payable to a person is
reduced by the operation of another provision of the social security law;
and
(b) the determination would take effect at or after the time at which the
reduction referred to in paragraph (a) would take effect.
(1) If the Secretary is satisfied that a social security payment is being,
or has been, paid to a person:
(a) who is not, or was not, qualified for the payment; or
(b) to whom the payment is not, or was not, payable;
the Secretary is to determine that the payment is to be cancelled or
suspended.
(2) Subsection (1) does not authorise the Secretary to make a
determination if:
(a) the payment of a social security payment to a person has been
cancelled or suspended by the operation of another provision of the social
security law; and
(b) the determination would take effect at or after the time at which the
cancellation or suspension referred to in paragraph (a) would take
effect.
(1) If:
(a) a person who is receiving a social security payment (other than a
newstart allowance) has been given:
(i) a notice under section 67 that requires the person to give the
Department a statement; or
(ii) a notice embodying a requirement under Division 1 of Part 5;
and
(b) the person does not comply with the requirement of the
notice;
the Secretary may determine that the payment is to be cancelled or
suspended.
(2) If:
(a) a person and his or her partner (the partner) are each
receiving a social security payment; and
(b) the partner has been given:
(i) a notice under section 67 that requires the partner to give the
Department a statement; or
(ii) a notice embodying a requirement under Division 1 of Part 5;
and
(c) the notice relates to matters that might also affect the payment of
the person’s social security payment; and
(d) the partner does not comply with the requirement of the
notice;
the Secretary may determine that the person’s payment is to be
cancelled or suspended.
(3) If:
(a) a person who is receiving family allowance or family tax payment has
been given a notice under section 70; and
(b) the person has not informed the Department, in accordance with the
notice, that the person has changed his or her address; and
(c) the Secretary is satisfied that mail from the Secretary or an officer
addressed to the person has been returned to the Secretary or officer because
the person has changed his or her address;
the Secretary may determine that the family allowance or family tax
payment, as the case may be, is to be suspended.
(4) The Secretary may make a determination under subsection (3) even if
the Secretary is not satisfied that:
(a) the person concerned has ceased to be qualified for family allowance
or family tax payment; or
(b) family allowance or family tax payment has ceased to be payable to the
person.
(5) Subsection (3) does not limit the Secretary’s power to suspend
or cancel a person’s family allowance or family tax payment under section
79.
(6) If:
(a) a person’s family allowance or family tax payment is suspended
under subsection (3); and
(b) the family allowance or family tax payment has been suspended for a
period of 52 weeks;
the family allowance or family tax payment, as the case may be, is
cancelled, by force of this subsection, on the day immediately after the end of
the last instalment period in respect of which the person received an instalment
of family allowance or family tax payment, as the case may be.
(1) If:
(a) a person who is receiving a social security payment has been given a
notice under subsection 65(2); and
(b) the Secretary is satisfied that the person has not complied with the
requirement of the notice;
the Secretary may determine that the social security payment is to be
cancelled.
(2) If:
(a) a person who is receiving a social security payment has been given a
notice under subsection 65(3); and
(b) the Secretary is satisfied that the person’s partner has not
complied with the requirement of the notice;
the Secretary may determine that the social security payment is to be
cancelled.
(1) If:
(a) payment of a social security payment is based upon data in a computer;
and
(b) the rate of the payment is increased or reduced, or the payment is
cancelled or suspended, because of the operation of a computer program used
under the control of the Secretary; and
(c) the program causes the change for a reason for which the Secretary
could make the change by determination;
the change is taken to have been made by the Secretary by determination for
that reason.
(2) A determination that is taken, by virtue of subsection (1), to have
been made is taken to have been made on the day on which the computer program
caused the change to be made.
(1) If:
(a) payment of a social security payment to a person is based upon data in
a computer; and
(b) because of the operation of a computer program used under the control
of the Secretary, a social security payment of a different kind becomes payable
to the person;
the Secretary is taken to have made a determination:
(c) that the payment referred to in paragraph (b) is to be payable to the
person; and
(d) that the payment referred to in paragraph (a) is to cease to be
payable to the person immediately before the day on which the payment referred
to in paragraph (b) is to become payable to the person.
(2) A determination that is taken, by virtue of subsection (1), to have
been made is taken to have been made on the day on which the payment referred to
in paragraph (1)(b) became payable because of the operation of the computer
program.
(1) If:
(a) a social security payment ceases to be payable to a person under
section 92 or the Secretary cancels or suspends a person’s social security
payment under section 79, 80 or 81; and
(b) the Secretary reconsiders the decision; and
(c) as a result of the reconsideration, the Secretary is satisfied that,
because of the decision:
(i) the person did not receive a social security payment that was payable
to the person; or
(ii) the person is not receiving a social security payment that is payable
to the person;
the Secretary is to determine that the social security payment was or is
payable to the person, as the case requires.
(2) The reconsideration referred to in paragraph (1)(b) may be a
reconsideration on an application under section 127 or a reconsideration on the
Secretary’s own initiative.
(1)