Social Security Act 1991 Act No. 46 of 1991 as amended This compilation was prepared on 17 July 2008 taking into account amendments up to Act No. 73 of 2008 Volume 2 includes: Table of Contents Sections 660XAA - 1067L-F9 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Chapter 2-Pensions, benefits and allowances Contents Chapter 2-Pensions, benefits and allowances i Part 2.12A-Mature age (pre-1 July 1996) allowances 1 Division 1-Application of Part 1 660XAA Structure of Part 1 660XAB Time limits on claims of mature age allowance and grant of mature age partner allowance 1 Division 2-Qualification for mature age allowance and mature age partner allowance 3 Subdivision A-Qualification for mature age allowance 3 660XBA Qualification for mature age allowance 3 660XBB Assurance of support 4 660XBC Person may be treated as unemployed 4 660XBE Unemployment due to industrial action 4 Subdivision B-Qualification for mature age partner allowance 5 660XBI Qualification for mature age partner allowance 5 660XBJ Assurance of support 6 Division 3-Payability of mature age allowance and mature age partner allowance 7 Subdivision A-Payability of mature age allowance 7 660XCA Mature age allowance not payable if allowance rate nil 7 660XCF Multiple entitlement exclusion 7 660XCG Educational and other schemes exclusion 8 Subdivision B-Payability of mature age partner allowance 9 660XCI Mature age partner allowance not payable if allowance rate nil 9 660XCN Multiple entitlement exclusion 9 660XCO Educational schemes exclusion 10 660XCP Commonwealth funded employment program exclusion 10 Division 6-Rate of mature age allowance and mature age partner allowance 11 660XFA How to work out a person's mature age allowance or mature age partner allowance 11 Division 11-Bereavement payments 12 Subdivision A-Person receiving mature age allowance (death of partner) 12 660XKA Qualification for payments under this Subdivision 12 660XKB Continued payment of partner's pension 14 660XKC Lump sum payable in some circumstances 14 660XKD Adjustment of person's mature age allowance rate 16 660XKE Effect of death of person entitled to payments under this Subdivision 16 660XKF Matters affecting payment of benefits under this Subdivision 18 Subdivision B-Death of person receiving mature age allowance 19 660XKG Death of recipient 19 Subdivision C-Continuation of mature age partner allowance where partner dies 20 660XKH Continuation of mature age partner allowance for bereavement period 20 660XKI Continued mature age partner allowance rate 20 Subdivision D-Person receiving mature age partner allowance (death of partner) 21 660XKJ Qualification for payments under this Subdivision 21 660XKK Continued payment of partner's allowance 21 660XKL Lump sum payable in some circumstances 22 660XKMEffect of death of person entitled to payments under this Subdivision 23 660XKN Matters affecting payment of benefits under this Subdivision 25 Part 2.12B-Mature age (post-30 June 1996) allowance 27 Division 1-Application of Part 27 660YAA Application of Part 27 660YAB Time limits on claims for mature age allowance 27 Division 2-Qualification for mature age allowance 28 660YBA Qualification for mature age allowance 28 660YBB Assurance of support 29 Division 3-Payability of mature age allowance 30 660YCA Mature age allowance not payable if allowance rate nil 30 660YCF Multiple entitlement exclusion 30 660YCFANewly arrived resident's waiting period 31 660YCFBDuration of newly arrived resident's waiting period 32 660YCG Educational and other schemes exclusion 32 660YCH Maximum basic rate and remote area allowance not payable to CDEP Scheme participant 33 660YCI Exclusion for non-payment period for job search allowance, newstart allowance or partner allowance 33 660YCJ Allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures] 34 660YCK Value of assets of members of couples 35 660YCL Seasonal workers 36 Division 6-Rate of mature age allowance 37 660YFA How to work out a person's mature age allowance 37 660YGI CDEP Scheme participant may accumulate mature age allowance 37 Division 11-Bereavement payments 38 Subdivision A-Preliminary 38 660YKA Surviving partner and deceased partner 38 Subdivision B-Continuation of mature age allowance following death of recipient's partner 38 660YKB Continuation of mature age allowance for bereavement period 38 Subdivision C-Bereavement payments for person receiving mature age allowance following death of the person's partner 39 660YKC Qualification for payments under this Subdivision 39 660YKD Continued payment of deceased partner's previous entitlement 40 660YKE Lump sum payable in some circumstances 41 660YKF Effect of death of surviving partner 43 660YKG Matters affecting payments under this Subdivision 45 Subdivision D-Bereavement payment in respect of former CDEP Scheme participant 46 660YKH Calculation of bereavement payment in respect of former CDEP Scheme participant 46 Part 2.13A-Education entry payment 47 Division 1-Recipients of pension PP (single) 47 665A Payment to recipient of pension PP (single) 47 665B Amount of section 665A payment 47 665C Need for claim 47 Division 2-Recipients of disability support pension or disability wage supplement 48 665E Payment to a disability support pensioner 48 665F Amount of section 665E payment 48 665G Need for claim 48 Division 3-Widow B pension recipients 49 665I Payment to a widow B pensioner 49 665J Amount of section 665I payment 49 665K Need for claim 49 Division 4-Special benefit recipients 50 665M Payment to a special benefit recipient 50 665N Amount of section 665M payment 50 665P Need for claim 50 Division 6-Newstart allowance recipients 51 665U Payment to recipient 51 665V Amount of section 665U payment 52 665W Need for claim 52 Division 7-Mature age allowance recipient 53 665Y Payment to a mature age allowance recipient 53 665Z Amount of section 665Y payment 53 665ZA Need for claim 53 Division 8-Widow allowance recipients 54 665ZC Payment to a widow allowance recipient 54 665ZD Amount of section 665ZC payment 54 665ZE Need for claim 54 Division 8A-Carer payment recipients 55 665ZFA Payment to a carer payment recipient 55 665ZFB Amount of section 665ZFA payment 55 665ZFC Need for claim 55 Division 9-Mature age partner allowance 56 665ZG Payment to a mature age partner allowance recipient 56 665ZH Amount of section 665ZG payment 56 665ZJ Need for claim 56 Division 10-Wife pension recipients 57 665ZL Payment to a wife pensioner 57 665ZM Amount of section 665ZL payment 57 665ZN Need for claim 57 Division 11-Partner allowance recipients 58 665ZQ Payment to a partner allowance recipient 58 665ZR Amount of section 665ZQ payment 58 665ZS Need for claim 58 Division 12-Recipients of PP (partnered) 59 665ZU Payment to recipient of PP (partnered) 59 665ZV Amount of section 665ZU payment 59 665ZW Need for claim 59 Division 13-Protection of education entry payment 60 665ZY Education entry payment to be absolutely inalienable 60 665ZZ Effect of garnishee or attachment order 60 Part 2.14-Sickness allowance 62 Division 1-Qualification for and payability of sickness allowance 62 Subdivision A-Basic qualification 62 666 Qualification for sickness allowance 62 667 Person undertaking rehabilitation program may qualify for sickness allowance 63 669 Time limit on qualification for sickness allowance 64 676 Liquid assets test waiting period 67 Subdivision B-Situations where allowance not payable (general) 69 677 Sickness allowance not payable if allowance rate nil 69 680 Assets test-allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures] 69 681 Value of assets of members of couples 71 685 Full-time students 71 686 Multiple entitlement exclusion 72 Subdivision C-Situations where allowance not payable (waiting periods) 74 693 Ordinary waiting period 74 694 Duration of ordinary waiting period 74 696B Newly arrived resident's waiting period 75 696C Duration of newly arrived resident's waiting period 76 697 Seasonal workers-preclusion period 77 Division 4-Rate of sickness allowance 79 709 How to work out a person's sickness allowance rate 79 Division 9-Bereavement payments 80 Subdivision AA-Death of partner 80 728PA Qualification for payments under this Subdivision 80 728PB Continued payment of partner's pension or benefit 81 728PC Lump sum payable in some circumstances 81 728PD Adjustment of a person's sickness allowance rate 83 728PE Effect of death of person entitled to payments under this Subdivision 83 728PF Matters affecting payments under this Subdivision 85 Part 2.15-Special benefit 86 Division 1-Qualification for and payability of special benefit 86 Subdivision A-Qualification 86 729 Qualification for special benefit 86 729A Time limit on qualification for certain recipients of special benefit 91 729AA Effect of industrial action on qualification conditions of certain claimants for special benefit 92 729B Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks 93 729C Consequence of subsection 729B(2) determination 93 730 Determination of period 94 Subdivision AA-Activity test for certain nominated visa holders 94 731 Application of Subdivision 94 731A Activity test 94 731B Meaning of unsuitable work for the purposes of the activity test 95 731D Persons in certain areas can be taken to comply with activity test 98 731DA Relief from activity test-domestic violence etc. 98 731DB Relief from activity test-people with disabled children and other circumstances 100 731DC Persons may be treated as actively seeking etc. paid work 101 731E Relief from activity test-special circumstances 102 731F Relief from activity test-pre-natal and post-natal 103 731G Relief from activity test-people 55 and over who are engaged in work 103 731GA Relief from activity test-certain principal carers and people with partial capacity to work 104 731H Relief from activity test-dependent child 104 731J Relief from activity test-carers 105 731JA Relief from activity test-grant of temporary protection, humanitarian or safe haven visa 107 731K Temporarily incapacitated person not required to satisfy activity test 107 731KA Time limit for exemption-Secretary satisfied person can undertake activity 108 Subdivision AB-Special Benefit Activity Agreements for persons who are nominated visa holders 109 731L Special Benefit Activity Agreements-requirement to enter 109 731M Special Benefit Activity Agreements-terms 110 731N Special Benefit Activity Agreements-principal carers 111 731P Special Benefit Activity Agreements-people with partial capacity to work 112 731Q Special Benefit Activity Agreements-revocation of requirement to participate in approved program of work 112 731R Special Benefit Activity Agreements-suspension of agreements in cases of domestic violence etc. 113 Subdivision B-Payability 113 732 Special benefit not payable if benefit rate nil 113 733 Assets test-benefit not payable if assets value limit exceeded [see Appendix for CPI adjusted figures] 113 734 Value of assets of members of couples 115 735 Multiple entitlement exclusion 116 736 Secretary may require certain persons to attend courses or undertake work 117 737 Full-time students 117 738 Payments under certain education schemes 118 739 SPB homeless person 119 739A Newly arrived resident's waiting period 120 739B Secretary to act in accordance with guidelines 121 739C Guidelines for exercise of Secretary's powers under subsection 739A(7) 121 Subdivision C-Situations where benefit not payable because of special benefit participation failure 122 740 Special benefit participation failures 122 741 Requiring a person to apply for job vacancies 124 742 Allowance not payable because of special benefit participation failure 124 743 When the period of non-payment starts 125 744 When the period of non-payment ends 126 Subdivision CA-Situations where allowance not payable because of repeated or more serious failure 126 745 Allowance not payable because of repeated or more serious failure 126 745A When the period of non-payment starts 127 Subdivision D-Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches) 128 745H Situations where special benefit not payable for failure to comply with certain requirements 128 Subdivision E-Participation by persons who are nominated visa holders in an approved program of work for income support payment 129 745L Participation in an approved program of work for income support payment does not give rise to employment under certain industrial relations legislation 129 Subdivision F-Other situations where special benefit not payable to persons who are nominated visa holders 129 745M Seasonal workers 129 745N Move to area of lower employment prospects 130 Division 4-Rate of special benefit 132 746 Rate of special benefit 132 747 Approved program of work supplement for persons who are nominated visa holders 132 759 Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders 133 Division 9-Bereavement payments 135 Subdivision AA-Death of partner 135 768A Qualification for payments under this Subdivision 135 768B Continued payment of partner's pension or benefit 136 768C Lump sum payable in some circumstances 136 768D Adjustment of a person's special benefit rate 138 768E Effect of death of person entitled to payments under this Subdivision 138 768F Matters affecting payments under this Subdivision 140 Part 2.15A-Partner allowance 141 Division 1A-Application of Part 141 771 Time limits on claims for partner allowance 141 Division 1-Qualification for and payability of partner allowance 142 Subdivision A-Qualification for partner allowance 142 771HA Qualification for partner allowance 142 771HB Unemployment due to industrial action 144 Subdivision B-Payability of partner allowance 144 771HC Partner allowance not payable if allowance rate nil 144 771HF Assets test-allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures] 145 771HI Multiple entitlement exclusion 145 771HJ Educational schemes exclusion 146 771HK Maximum basic rate and remote area allowance not payable to CDEP Scheme participant 146 771HNA Newly arrived resident's waiting period 146 771HNB Duration of newly arrived resident's waiting period 147 771HNC Seasonal workers 147 Division 4-Rate of partner allowance 149 771KA Rate of partner allowance if partner is not receiving special benefit 149 771KE Rate of partner allowance if partner receiving special benefit 149 771KN CDEP Scheme participant may accumulate partner allowance 149 Division 9-Bereavement payments 151 Subdivision A-Surviving partner and deceased partner defined 151 771NT Surviving partner and deceased partner 151 Subdivision B-Person to continue to receive partner allowance where person's partner dies 151 771NU Continuation of partner allowance for bereavement period 151 Subdivision C-Bereavement payments for person receiving partner allowance following death of the person's partner 153 771NV Qualification for payments under this Subdivision 153 771NW Continued payment of deceased partner's benefit 154 771NX Lump sum payable in some circumstances 154 771NY Effect of death of surviving partner 158 771NZ Matters affecting payments under this Subdivision 159 Subdivision D-Bereavement payment in respect of former CDEP Scheme participant 160 771NZAACalculation of bereavement payment in respect of former CDEP Scheme participant 160 Part 2.16-Special needs pensions 161 Division 1A-Time limit on grant of special needs wife pension 161 771P Special needs wife pension not to be granted after 30 June 1995 161 Division 1B-Time limit on grant of other special needs pensions 162 771PA Special needs pensions not to be granted after 20 September 2000 162 Division 1-Qualifications for and payability of special needs pensions 163 Subdivision A-Qualification 163 772 Qualification for special needs age pension 163 773 Qualification for special needs disability support pension 163 774 Qualification for special needs wife pension 164 778A Special needs widow B pension not to be granted in certain cases 164 778 Qualification for special needs widow B pension 165 Subdivision B-Payability 166 779 Special needs pension not payable if pension rate nil 166 783 Second special needs pension generally not payable after cancellation of initial pension 166 787 Multiple entitlement exclusion 166 Division 5-Rate of special needs pension 168 796 How to work out a person's special needs pension rate 168 Special Needs Proportional Rate Calculator 169 Module A-Overall rate calculation process 169 Module B-Australian working life residence 169 Module C-Residence factor 172 Division 10-Bereavement payments 173 Subdivision A-Death of partner 173 822 Qualification for payments under this Subdivision 173 823 Continued payment of deceased partner's previous entitlement 175 824 Lump sum payable in some circumstances 175 825 Adjustment of rate of person's special needs pension 177 826 Effect of death of person entitled to payments under this Subdivision 177 827 Matters affecting payment of benefits under this Subdivision 179 Subdivision C-Death of recipient 180 830 Death of recipient 180 Part 2.19-Carer allowance 181 Division 1-Interpretation 181 952 Carer allowance definitions 181 Division 2-Qualification for and payability of carer allowance 182 Subdivision A-Qualification 182 953 Qualification for carer allowance-caring for either 1 or 2 disabled children 182 954 Qualification for carer allowance-caring for a disabled adult in a private home of both the adult and the carer 183 954A Qualification for carer allowance-caring for a disabled adult in a private home not shared by the adult and carer 184 955 Qualification for carer allowance-hospitalisation 187 956 Absence from Australia 187 957 Effect of cessation of care etc. on carer allowance 188 Subdivision B-Limitations on payability 189 958 Carer allowance not payable if allowance rate nil 189 964 Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made 190 965 Carer allowance not payable to more than one member of a couple 190 Division 5-Rate of carer allowance 192 974 Rate of carer allowance 192 Division 6-Multiple qualification for carer allowance for same care receiver or receivers 193 981 Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers 193 Division 10-Bereavement payments (death of disabled child) 194 Subdivision A-Death of disabled child 194 992J Continued carer allowance during bereavement rate continuation period where disabled child dies 194 992K Lump sum payable in some circumstances 194 Subdivision B-Death of disabled child (special short-term assistance) 195 992L Continuation of qualification for carer allowance for 4 weeks in some cases where recipient's disabled child dies 195 Subdivision C-Death of recipient 196 992M Death of recipient 196 Part 2.19AA-Child disability assistance 198 992MA Child disability assistance definitions 198 992MB Qualification for child disability assistance 198 992MC Eligible care receivers 198 992MD Amount of child disability assistance 199 Part 2.19A-One-off payments to carers eligible for carer allowance 200 Division 1-One-off payment to carers eligible for carer allowance 200 992N One-off payment to carers (carer allowance related) 200 992O In respect of what care receivers is the payment payable? 200 992P What is the amount of the payment? 201 Division 2-2005 one-off payment to carers eligible for carer allowance 202 992Q 2005 one-off payment to carers (carer allowance related) 202 992R In respect of what care receivers is the payment payable? 202 992S What is the amount of the payment? 202 Division 3-2006 one-off payment to carers eligible for carer allowance 204 992T 2006 one-off payment to carers (carer allowance related) 204 992U In respect of which care receivers is the payment payable? 204 992V Amount of the one-off payment 204 Division 4-2007 one-off payment to carers eligible for carer allowance 206 992WA 2007 one-off payment to carers (carer allowance related) 206 992WB Eligible care receivers 206 992WC Amount of the one-off payment 206 Division 5-2008 one-off payment to carers eligible for carer allowance 208 992WD 2008 one-off payment to carers (carer allowance related) 208 992WE Eligible care receivers 208 992WF Amount of the one-off payment 208 Part 2.20-Double orphan pension 210 Division 1-DOP child status 210 993 Double orphan-not refugee 210 994 Double orphan-refugee 210 995 Refugee child 211 996 Long-term prisoner 212 997 Patient on a long-term basis 212 998 Person uncontactable 213 Division 2-Qualification for and payability of double orphan pension 214 Subdivision A-Qualification 214 999 Qualification for double orphan pension 214 Subdivision B-Payability 215 1003 Double orphan pension not payable for child receiving a pension under the Veterans' Entitlements Act 215 Division 5-Rate of double orphan pension 216 1010 Rate of double orphan pension 216 Division 10-Bereavement payments (death of DOP child) 219 Subdivision A-Death of DOP child (General) 219 1033 Continued double orphan pension during bereavement rate continuation period where DOP child dies 219 1034 Lump sum payable in some circumstances 219 Subdivision AA-Death of dependent child (special short-term assistance) 220 1034AA Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient's DOP child dies 220 Subdivision B-Death of recipient 220 1034A Death of recipient 220 Part 2.21-Mobility allowance 222 Division 1-Qualification for and payability of mobility allowance 222 Subdivision A-Qualification 222 1035 Qualification for mobility allowance (rate specified in subsection 1044(1)) 222 1035A Qualification for mobility allowance (rate specified in subsection 1044(1A)) 226 Subdivision B-Payability 231 1036 Mobility allowance not payable at 2 rates 231 1037 Mobility allowance not payable where person receiving motor vehicle assistance 231 1039AA Newly arrived resident's waiting period 231 1039AB Duration of newly arrived resident's waiting period 232 Division 2-Rate of mobility allowance 233 1044 Rate of mobility allowance [see Appendix for CPI adjusted figures] 233 1044A Reduction of the advance payment period 233 Division 3-Mobility allowance advance 235 1045 Qualification for mobility advance 235 Division 4-Continuation 236 1046 Continuation of mobility allowance when person ceases to be qualified 236 Part 2.21A-Language, literacy and numeracy supplement 239 Division 1-Preliminary 239 1047 Definition 239 Division 2-Qualification for language, literacy and numeracy supplement 240 1048 General statement of qualification 240 Division 3-Circumstances where language, literacy and numeracy supplement not payable 241 1049 Language, literacy and numeracy supplement not payable in certain circumstances 241 Division 4-Rate increase relating to language, literacy and numeracy supplement 242 1050 Rate increase attributable to language, literacy and numeracy supplement 242 Part 2.22-Advance payments of social security entitlements 243 Division 1-Qualification for advance payment 243 1061A Qualification for advance payment 243 Division 2-Applying for advance payment 245 1061B Application 245 1061C Form of application 245 1061D Lodgment of application 245 1061E Application may be withdrawn 245 Division 3-Determination of application and payment of advance payment 246 1061EA Secretary to determine application 246 1061EB Payment of advance payment 246 Division 4-Amount of advance payment 247 1061ED Amount of advance payment-social security pensions 247 1061EE Amount of advance payment-certain other social security payments 248 1061EH Minimum amount of advance payment 250 Division 5-Payment of advance payment 251 1061EI Advance payment to be paid to person or nominee 251 1061EJ Payment into bank account etc. 251 Division 6-Protection of advance payment 252 1061EK Advance payment to be absolutely inalienable 252 Division 7-Repayment of advance payment 253 1061EL Repayment of advance payment 253 Part 2.22A-Special employment advances 254 Division 1-Qualification for special employment advance 254 1061EM Qualification for special employment advance 254 1061EN Meaning of in severe financial hardship 256 1061EO Person not qualified in certain circumstances 256 Division 4-Amount of special employment advance 258 1061EW Where claim based on effect of unreceived income on special employment advance qualifying entitlement 258 1061EX Where claim based on claimant's need for financial assistance to take up offered employment 258 Division 7-Repayment of special employment advance 261 1061EZCRepayment of special employment advance 261 Part 2.23-Advance pharmaceutical allowance 262 Division 1-Qualification for and payability of advance pharmaceutical allowance 262 1061F Qualification for advance pharmaceutical allowance 262 1061G Advance pharmaceutical allowance not payable in some circumstances 262 Division 3-Amount of advance pharmaceutical allowance 264 1061JC Amount of advance pharmaceutical allowance 264 1061JD Annual limit 264 Part 2.23A-Crisis payment 266 Division 1-Qualification for crisis payment 266 1061JG Qualification-release from gaol or psychiatric confinement 266 1061JH Qualification-extreme circumstances forcing departure from home 266 1061JHAQualification-remaining in home after removal of family member due to domestic or family violence 267 1061JI Qualification-humanitarian entrant to Australia 268 1061JJ Crisis payment not payable in addition to disaster relief payment 269 1061JK Crisis payment not payable if assurance of support in force 269 1061JL Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme 269 Division 4-Amount of crisis payment 271 1061JU Amount of payment 271 Part 2.24-Australian Government Disaster Recovery Payment 273 Division 1-Qualification for Australian Government Disaster Recovery Payment 273 1061K Qualification for Australian Government Disaster Recovery Payment 273 1061L Meaning of adversely affected 274 Division 2-Amount of Australian Government Disaster Recovery Payment 275 1061M Amount of payment for disasters in Australia 275 1061N Amount of payment for disasters outside Australia 276 1061P Determinations of rates 276 Part 2.24A-Pensioner education supplement 277 Division 1-Qualification for pensioner education supplement 277 Subdivision A-The basic rules 277 1061PA Qualification for pensioner education supplement 277 Subdivision B-Undertaking qualifying study 277 1061PB Undertaking qualifying study 277 1061PC Approved course of education or study 280 1061PD Full-time students 280 1061PE Concessional study-load students 280 1061PF Normal amount of full-time study 283 1061PG First fortnight of classes 283 1061PH Progress rules-secondary students 284 1061PI Progress rules-tertiary students 285 Subdivision C-Payments attracting pensioner education supplement 290 1061PJ Payments attracting pensioner education supplement 290 Subdivision D-Pensioner education supplement age 295 1061PK Pensioner education supplement age 295 1061PL When a person is regarded as independent 295 Subdivision E-Residency 297 1061PM Residency requirements 297 1061PN Absence of persons overseas 297 Division 2-Situations in which pensioner education supplement is not payable 299 Subdivision C-Newly arrived resident's waiting period 299 1061PT Pensioner education supplement not payable during newly arrived resident's waiting period 299 1061PU Newly arrived resident's waiting period 299 1061PV Length of newly arrived resident's waiting period 300 Subdivision D-Multiple entitlement exclusion 301 1061PW Meaning of multiple entitlement exclusion 301 1061PX Multiple entitlement exclusion 301 Division 5-Rate of pensioner education supplement 302 1061PZGRate of pensioner education supplement 302 Part 2.25-Telephone allowance 303 Division 1-Qualification for and payability of telephone allowance 303 1061Q Qualification for telephone allowance 303 1061R Telephone allowance not payable in some circumstances 309 Division 2-Rate of telephone allowance 311 1061S Standard rate of telephone allowance [see Appendix for CPI adjusted figures] 311 1061SA Increased rate of telephone allowance 313 1061SB Increased rate of telephone allowance for home Internet 315 Part 2.25A-Utilities allowance 317 Division 1-Qualification for and payability of utilities allowance 317 1061T Qualification for utilities allowance 317 1061TA When utilities allowance is payable 317 Division 2-Rate of utilities allowance 319 1061TB Rate of utilities allowance 319 Part 2.25B-Seniors concession allowance 320 Division 1-Qualification for and payability of seniors concession allowance 320 1061U Qualification for seniors concession allowance 320 1061UA When seniors concession allowance is payable 320 Division 2-Rate of seniors concession allowance 322 1061UB Rate of seniors concession allowance 322 Part 2.26-Fares allowance 323 Division 1-Qualification for fares allowance 323 1061ZAAAQualification for fares allowance 323 1061ZAABJourney by person who is not an external student 325 1061ZAACJourney by person who is an external student 325 Division 3-Amount of fares allowance 326 1061ZAAJFares allowance for public transport 326 1061ZAAKFares allowance for private transport 326 Part 2.27-Northern Territory CDEP transition payment 329 Division 1-Qualification for and payability of Northern Territory CDEP transition payment 329 Subdivision A-Qualification for Northern Territory CDEP transition payment 329 1061ZAALQualification for Northern Territory CDEP transition payment 329 1061ZAAMNorthern Territory CDEP transition day 330 Subdivision B-Payability of Northern Territory CDEP transition payment 330 1061ZAANNorthern Territory CDEP transition payment only payable if certain claim criteria met 330 1061ZAAONorthern Territory CDEP transition payment not payable while CDEP Scheme payments being received 331 1061ZAAPNorthern Territory CDEP transition payment not payable if rate too low 331 1061ZAAQNorthern Territory CDEP transition payment not payable if compliance penalty period applies 331 1061ZAARNorthern Territory CDEP transition payment not payable from 1 July 2008 331 Division 2-Rate of Northern Territory CDEP transition payment 332 1061ZAASRate of Northern Territory CDEP transition payment 332 1061ZAATPre-transition fortnightly income 332 1061ZAAUPost-transition fortnightly income 333 1061ZAAVMaximum rate of Northern Territory CDEP transition payment 334 Division 3-Miscellaneous 335 1061ZAAWNorthern Territory CDEP transition payment rules 335 Chapter 2A-Benefits and concessions other than payments 336 Part 2A.1-Concession cards 336 Division 1-Qualification for, and issue of, pensioner concession card 336 1061ZA General qualification rules 336 1061ZB Extended qualification rule: former recipient of mature age allowance etc. 338 1061ZC Extended qualification rule: long-term recipient of social security benefits 340 1061ZD Extended qualification rule: former recipient of disability support pension 343 1061ZEExtended qualification rule: former recipient of wife pension 344 1061ZEAFurther extended qualification rule: loss of payment because of employment income 345 1061ZEBExtended qualification rule: persons with a partial capacity to work 348 1061ZECEffect of compliance penalty periods 349 1061ZFIssue of pensioner concession card 350 Division 2-Qualification for seniors health card 351 1061ZG Qualification rules 351 1061ZH Newly arrived resident's waiting period 351 1061ZI Duration of newly arrived resident's waiting period 352 1061ZJ Giving of copy of assessment of taxable income to Secretary 353 Division 3-Qualification for health care card 354 Subdivision A-Qualification for automatic issue health care card 354 1061ZK Qualification: general rules 354 1061ZM Qualification for health care card: employment- affected person 355 1061ZMAFurther extended qualification rule: loss of payment because of employment income 358 1061ZN Residence requirement 360 1061ZNAEffect of compliance penalty periods 360 Subdivision B-Qualification for health care cards for which claim required 361 1061ZO Qualification 361 1061ZP Person subject to newly arrived resident's waiting period 363 1061ZQ Newly arrived resident's waiting period 363 1061ZR Duration of newly arrived resident's waiting period 364 Subdivision C-Miscellaneous provisions relating to health care cards 364 1061ZS Issue of health care cards 364 1061ZT Certain dependants not qualified for health care card 364 Division 4-Non-cancellation of concession cards for temporary overseas absences 365 1061ZUAPersons to whom Division applies 365 1061ZUBNon-cancellation of concession cards for temporary overseas absences 365 1061ZUCExtension cards 366 Chapter 2B-Student Financial Supplement Scheme 367 Part 2B.1-Establishment of scheme 367 Division 1-Preliminary 367 1061ZW Object of this Chapter 367 1061ZX Outline of the scheme 367 Division 2-Eligibility to obtain financial supplement 369 1061ZY Eligibility to obtain financial supplement 369 1061ZZ Category 1 student 369 1061ZZACategory 2 student 370 1061ZZAAFailure by person to comply with request to provide person's tax file number 371 1061ZZABFailure by person to comply with request to provide the tax file number of a parent of the person 372 Division 3-Decision and notice about eligibility to obtain financial supplement 374 1061ZZACSecretary's decision 374 1061ZZADRevocation or variation of decision after review 375 1061ZZAETransitional 375 Division 4-Agreements between Commonwealth and financial corporations 377 1061ZZAFApplications for financial supplement 377 1061ZZAGAgreements 377 Division 5-Application for financial supplement 379 1061ZZAHWhen to apply 379 1061ZZAIHow to apply 379 1061ZZAJChanging an application 379 Division 6-Amount of financial supplement 380 Subdivision A-Category 1 students 380 1061ZZAKMaximum amount of financial supplement 380 Subdivision B-Category 2 students 382 1061ZZALChange in eligibility period 382 1061ZZAMEligibility period (short course) 382 1061ZZANEligibility period (no short course) 383 1061ZZAOMaximum amount of financial supplement 384 Subdivision C-Provisions applying to both category 1 students and category 2 students 385 1061ZZAPMinimum amount of financial supplement 385 1061ZZAQPerson doing more than one course 385 Division 7-Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement 386 1061ZZARPurpose of Division 386 1061ZZASReduction of youth allowance, austudy payment or pensioner education supplement for financial supplement 386 Division 8-Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education supplement 387 Subdivision A-Purpose of Division 387 1061ZZATPurpose of Division 387 Subdivision B-When a person may repay youth allowance, austudy payment or pensioner education supplement to obtain or increase financial supplement 387 1061ZZAUElection to repay youth allowance, austudy payment or pensioner education supplement 387 1061ZZAVTiming of repayment 388 Subdivision C-Repayment 389 1061ZZAWEffect of repayment 389 Division 9-Financial supplement contracts 390 Subdivision A-Making a contract for payment of financial supplement 390 1061ZZAXMaking a contract between person and participating corporation 390 1061ZZAYExisting contracts 391 1061ZZAZLiability for money paid under a financial supplement contract 391 1061ZZBAValidity of financial supplement contract 391 Subdivision B-When a financial supplement contract can be cancelled 392 1061ZZBBPerson has right to cancel financial supplement contract 392 1061ZZBCHow to cancel financial supplement contract 392 1061ZZBDWhen to cancel financial supplement contract 392 1061ZZBEPayments made during cooling off period 392 1061ZZBFPerson may waive right to cancel contract 393 1061ZZBGHow to waive right to cancel contract 393 1061ZZBHWhen to waive right to cancel contract 393 Subdivision C-Financial supplement contract exempt from certain laws and taxes 393 1061ZZBIFinancial supplement contract exempt from certain laws and taxes 393 Division 10-Payment of financial supplement 394 1061ZZBJPayment by instalments 394 1061ZZBKRounding off 394 1061ZZBLTo whom instalments must be paid 394 1061ZZBMPayment into bank account 395 Division 11-Protection of financial supplement 396 1061ZZBNFinancial supplement to be absolutely inalienable 396 1061ZZBOEffect of garnishee or attachment order 396 Division 12-Obligations of category 2 students 397 Subdivision A-Statements about tax file numbers 397 1061ZZBPSecretary may request person obtaining financial supplement to give statement of person's tax file number 397 1061ZZBQSecretary may request person obtaining financial supplement to give statement of parent's tax file number 397 Subdivision B-Notice of events or changes in circumstances 398 1061ZZBRSecretary may give notice requiring information 398 1061ZZBSEvent or change relevant to payment 399 1061ZZBTFormalities related to notice 399 1061ZZBUValidity of notice 399 1061ZZBVPeriod within which information to be given 399 1061ZZBWRefusal or failure to comply with notice 400 1061ZZBXApplication overseas 400 Subdivision C-Notice about a matter relevant to payment of financial supplement 401 1061ZZBYSecretary may give notice requiring statement on matter 401 1061ZZBZFormalities related to notice 401 1061ZZCAValidity of notice 401 1061ZZCBPeriod within which statement to be given 401 1061ZZCCStatement must be in approved form 402 1061ZZCDRefusal or failure to comply with notice 402 1061ZZCEApplication overseas 402 Division 13-Early repayments of financial supplement 403 Subdivision A-Calculation and notification of amount outstanding under financial supplement contract 403 1061ZZCFApplication of Subdivision 403 1061ZZCGCalculation of amount outstanding under financial supplement contract before 1 June in the year after the year in which the contract was made 403 1061ZZCHCalculation of amount outstanding under financial supplement contract at a later time 403 1061ZZCINotification of amount outstanding 405 Subdivision B-Person's rights to make repayments during contract period 405 1061ZZCJPerson not required to, but may, make repayments during contract period 405 1061ZZCKWhat happens if person makes an excess repayment 406 1061ZZCLAmount repaid not to include certain amounts 406 1061ZZCMHow to work out discount 406 1061ZZCNEffect of making a repayment during contract period 407 1061ZZCORights and liabilities of participating corporation if repayment made 409 Subdivision C-What happens at the end of the contract period 409 1061ZZCPCorporation's rights at end of contract period 409 1061ZZCQTermination notice 410 1061ZZCRSecretary may give notice correcting information in previous notice 410 1061ZZCSPerson may request notice to be corrected 411 1061ZZCTEffect of notices and requests 411 Part 2B.2-Payments of financial supplement under scheme to stop in certain circumstances 412 Division 1-Payments to stop at request of recipient 412 1061ZZCUPerson may ask for payment to stop 412 1061ZZCVEffect of notice 412 Division 2-Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount 413 Subdivision A-Notice that payments are to stop 413 1061ZZCWSecretary must give notice to person and corporation 413 1061ZZCXEffect of notice 414 1061ZZCYThis Subdivision is subject to sections 1061ZZFS and 1061ZZFT 414 Subdivision B-Original amount paid because person failed to notify change of circumstances 414 1061ZZCZSecretary may give notice to person and corporation 414 1061ZZDAEffect of notice 415 1061ZZDBTransfer of corporation's rights to Commonwealth 416 1061ZZDCApportionment of financial supplement 416 1061ZZDDLiability of Commonwealth to corporation 416 1061ZZDELiability of person to Commonwealth 417 1061ZZDFThis Subdivision not to affect Subdivision A 417 Subdivision C-Original amount paid because of false or misleading information 417 1061ZZDGSecretary may give notice to person and corporation 417 1061ZZDHEffect of notice 418 1061ZZDITransfer of corporation's rights to Commonwealth 418 1061ZZDJApportionment of financial supplement 419 1061ZZDKLiability of Commonwealth to corporation 419 1061ZZDLLiability of person to Commonwealth 419 1061ZZDMThis Subdivision not to affect Subdivision A 420 Division 3-Payments to stop if person ceases to be eligible to obtain financial supplement 421 Subdivision A-Notice that payments are to stop 421 1061ZZDNSecretary must give notice to person and corporation 421 1061ZZDOEffect of notice 421 1061ZZDPThis Subdivision is subject to sections 1061ZZFS and 1061ZZFT 422 Subdivision B-Financial supplement paid because person failed to notify change of circumstances 422 1061ZZDQSecretary may give notice to person and corporation 422 1061ZZDREffect of notice 423 1061ZZDSTransfer of corporation's rights to Commonwealth 423 1061ZZDTApportionment of financial supplement 424 1061ZZDULiability of Commonwealth to corporation 424 1061ZZDVLiability of person to Commonwealth 424 1061ZZDWThis Subdivision not to affect Subdivision A 425 Division 4-Payments to stop if person is found never to have been eligible to obtain financial supplement 426 Subdivision A-Notice that payments are to stop 426 1061ZZDXSecretary must give notice to person and corporation 426 1061ZZDYEffect of notice 426 1061ZZDZThis Subdivision is subject to sections 1061ZZFS and 1061ZZFT 427 Subdivision B-Financial supplement paid because of false or misleading information 427 1061ZZEASecretary may give notice to person and corporation 427 1061ZZEBEffect of notice 427 1061ZZECTransfer of corporation's rights to Commonwealth 427 1061ZZEDLiability of Commonwealth to corporation 428 1061ZZEELiability of person 428 1061ZZEFDefinitions 428 1061ZZEGThis Subdivision not to affect Subdivision A 429 Division 5-Payments to stop if person dies 430 1061ZZEHSecretary may give notice to corporation if other party to contract dies 430 1061ZZEIEffect of notice 430 1061ZZEJDischarge of corporation's liability 430 1061ZZEKTransfer of corporation's rights to Commonwealth 430 1061ZZELLiability of Commonwealth to corporation 431 1061ZZEMDischarge of person's liability 431 Part 2B.3-Repayment of financial supplement through taxation system after termination date 432 Division 1-Purpose and application of Part 432 1061ZZENPurpose and application of Part 432 Division 2-FS debt and accumulated FS debt 433 1061ZZEOFS debt owed by person 433 1061ZZEPHow to work out FS debt 433 1061ZZEQAccumulated FS debt incurred by person 433 1061ZZERHow to work out accumulated FS debt 434 1061ZZESAdjusted accumulated FS debt 434 1061ZZETIndexation factor 435 1061ZZEUAccumulated FS debt discharges earlier debts 436 Division 3-Information to be given to Commissioner of Taxation 437 1061ZZEVSecretary to give notice to Commissioner of Taxation 437 1061ZZEWSecretary to give further notice to Commissioner of Taxation 437 1061ZZEXSecretary to give certificate to Commissioner of Taxation 437 Division 4-Voluntary repayments of FS debts 439 1061ZZEYVoluntary repayments of FS debts 439 1061ZZEYARefunding of payments 439 Division 5-Compulsory repayments in respect of accumulated FS debt 440 1061ZZEZCompulsory payments in respect of accumulated FS debt 440 1061ZZFARepayment income 440 1061ZZFBMinimum repayment income 441 1061ZZFCRepayable debt for an income year 441 1061ZZFDAmounts payable to the Commonwealth 442 1061ZZFEPublishing indexed amounts 442 Division 6-Application of tax legislation 443 1061ZZFGApplication of tax legislation 443 1061ZZFGACharges and administrative penalties for failing to meet obligations 443 1061ZZFGBPay as you go (PAYG) withholding 443 1061ZZFGCProvisional tax 443 1061ZZFGDPay as you go (PAYG) instalments 444 Division 7-Assessments 445 1061ZZFHCommissioner of Taxation may make assessment 445 1061ZZFINotice of assessment may be served 445 Division 8-Commissioner of Taxation may delay assessment 446 1061ZZFJCommissioner of Taxation may delay assessment 446 1061ZZFKCommissioner of Taxation may amend assessment 446 1061ZZFLWhen Commissioner of Taxation must make decision to delay or amend assessment 446 Division 9-Review of Commissioner of Taxation's decision 448 1061ZZFMApplication to Administrative Appeals Tribunal 448 Division 10-Treatment of payments under financial supplement scheme 449 1061ZZFNPayments not subject to taxation 449 1061ZZFOApplication of payments 449 1061ZZFPDebt discharged by death 449 Part 2B.4-Miscellaneous 450 Division 1-Application of the Bankruptcy Act 1966 450 1061ZZFQApplication of Division 450 1061ZZFRTreatment of debt 450 Division 2-Review of decisions 452 1061ZZFSWhat happens if a decision of the Secretary is set aside 452 1061ZZFTWhat happens if a decision of the Secretary is varied 452 Division 3-Transfer of rights under this Chapter 453 1061ZZFUNotices of transfer 453 1061ZZFVTransfers not subject to State or Territory taxes 453 Chapter 2C-Assurances of support 454 Part 2C.1-Giving assurances 454 1061ZZGAWhat is an assurance of support? 454 1061ZZGBWho may give an assurance of support? 454 1061ZZGCHow to give an assurance of support 455 Part 2C.2-Acceptance of assurances 456 1061ZZGDAccepting or rejecting an assurance of support 456 1061ZZGENotices relating to an assurance of support 457 Part 2C.3-Effect of accepted assurances 458 1061ZZGEAAssurance cannot be withdrawn once visa issued 458 1061ZZGFWhen an accepted assurance is in force 458 1061ZZGGLiability to pay for social security payments 459 Part 2C.4-Determinations 460 1061ZZGHDeterminations 460 Part 2C.5-Assurances by unincorporated bodies 462 1061ZZGIApplication of social security law to unincorporated bodies 462 Chapter 3-General provisions relating to payability and rates 464 Part 3.1-Rate Calculators (General) 464 1062 Steps in rate calculation 464 1063 Standard categories of family situations 464 Part 3.2-Pension Rate Calculator A 465 1064 Rate of age, disability support, wife pensions and carer payment and of disability wage supplement (people who are not blind) 465 Pension Rate Calculator A 468 Module A-Overall rate calculation process 468 Module B-Maximum basic rate [see Appendix for CPI adjusted figures] 470 Module BA-Pension supplement 470 Module C-Pharmaceutical allowance [see Appendix for CPI adjusted figures] 471 Module E-Ordinary income test [see Appendix for CPI adjusted figures] 475 Module F-Ordinary income for the purposes of disability support pension [see Appendix for CPI adjusted figures] 480 Module G-Assets test [see Appendix for CPI adjusted figures] 484 Module H-Remote area allowance 487 Part 3.3-Pension Rate Calculator B 490 1065 Rate of age and disability support pension and of disability wage supplement (blind people) 490 Pension Rate Calculator B 492 Module A-Overall rate calculation process 492 Module B-Maximum basic rate [see Appendix for CPI adjusted figures] 493 Module BA-Pension supplement 494 Module C-Pharmaceutical allowance [see Appendix for CPI adjusted figures] 495 Module E-Remote area allowance 498 Part 3.4-Pension Rate Calculator C 501 1066 Rate of bereavement allowance and widow B pension 501 Pension Rate Calculator C 502 Module A-Overall rate calculation process 502 Module B-Maximum basic rate [see Appendix for CPI adjusted figures] 504 Module BA-Pension supplement 504 Module C-Pharmaceutical allowance [see Appendix for CPI adjusted figures] 505 Module E-Ordinary income test [see Appendix for CPI adjusted figures] 507 Module G-Assets test [see Appendix for CPI adjusted figures] 510 Module H-Remote Area Allowance 513 Part 3.4A-Pension Rate Calculator D 516 1066A Rate of disability support pension (people under 21 who are not blind) 516 Pension Rate Calculator D 517 Module A-Overall rate calculation process 517 Module B-Maximum basic rate [see Appendix for CPI adjusted figures] 519 Module C-Youth disability supplement [see Appendix for CPI adjusted figures] 522 Module D-Pharmaceutical allowance [see Appendix for CPI adjusted figures] 522 Module F-Ordinary income test [see Appendix for CPI adjusted figures] 525 Module G-Payments taken to be ordinary income [see Appendix for CPI adjusted figures] 530 Module H-Assets test [see Appendix for CPI adjusted figures] 535 Module I-Remote area allowance 538 Part 3.4B-Pension Rate Calculator E 541 1066B Rate of disability support pension and of disability wage supplement (people under 21 who are blind) 541 Pension Rate Calculator E 542 Module A-Overall rate calculation process 542 Module B-Maximum basic rate [see Appendix for CPI adjusted figures] 543 Module C-Youth disability supplement [see Appendix for CPI adjusted figures] 546 Module D-Pharmaceutical allowance [see Appendix for CPI adjusted figures] 546 Module F-Remote area allowance 549 Part 3.5-Youth Allowance Rate Calculator 552 1067 Definitions 552 1067A When a person is regarded as independent 553 1067B Accommodated independent person 556 1067C Member of a YA couple 557 1067D Person required to live away from home 559 1067E Person living at home 560 1067F Long term income support student 561 1067G Rate of youth allowance 562 Youth Allowance Rate Calculator 562 Module A-Overall rate calculation process [see Note 5] 562 Module B-Maximum basic rate [see Appendix for CPI adjusted figures] 565 Module C-Pharmaceutical allowance [see Appendix for CPI adjusted figures] 570 Module D-Youth disability supplement 571 Module F-Parental income test 572 Submodule 1-Effect of parental income on maximum payment rate 572 Submodule 2-Application of parental income test 573 Submodule 3-Appropriate tax year 573 Submodule 4-Combined parental income 575 Submodule 5-Parental income free area [see Appendix for CPI adjusted figures] 579 Submodule 6-Reduction for parental income 580 Module G-Family actual means test 581 Submodule 1-Preliminary 581 Submodule 2-Persons to whom family actual means test applies 582 Submodule 3-Identification of appropriate tax year 582 Submodule 4-Actual means of person's family 584 Submodule 5-Family actual means free area 588 Submodule 6-Reduction for family actual means 589 Module H-Income test 589 Module J-Student income bank 602 Module K-Remote area allowance 607 Module L-Table of pensions, benefits, allowances and compensation 610 Part 3.5A-Austudy Payment Rate Calculator 612 1067H Definitions 612 1067J Person living at home 612 1067K Long term income support student 612 1067L Rate of austudy payment 613 Austudy Payment Rate Calculator 614 Module A-Overall rate calculation process 614 Module B-Maximum basic rate [see Appendix for CPI adjusted figures] 615 Module C-Pharmaceutical allowance [see Appendix for CPI adjusted figures] 617 Module D-Income test 618 Module E-Student income bank 629 Module F-Remote area allowance [see Note 8] 633 Part 2.12A-Mature age (pre-1 July 1996) allowances Division 1-Application of Part 660XAA Structure of Part Part 2.12A deals with 2 payment types, mature age allowance and mature age partner allowance: . Division 1 deals with the application of this Part. . Divisions 2, 3 and 11 are divided into Subdivisions that deal with either mature age allowance or mature age partner allowance. . Divisions 4 to 10 and 12 also deal with both mature age allowance and mature age partner allowance. The sections in those Divisions usually apply to both allowances (eg section 660XDA). However, sometimes a section is divided into subsections dealing with only one of the allowances (eg section 660XDG). 660XAB Time limits on claims of mature age allowance and grant of mature age partner allowance (1) In spite of any other provision of this Part, other than section 660XJO, a person is not to be granted a mature age allowance under this Part unless: (a) the person's claim for the allowance was lodged on or before 30 June 1996; and (b) the person qualified for the allowance on or before that date. (2) In spite of any other provision of this Part or any provision of the Administration Act, other than section 85, a person is not to be granted a mature age partner allowance unless: (a) the person's claim for the allowance is lodged on or before 30 June 1995; and (b) the person qualifies for the allowance on or before 30 June 1995. (2A) For the purposes of paragraph (1)(a), if subsection 660XCC(2) applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim. (3) For the purposes of paragraph (2)(a), if section 15 of the Administration Act applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim. (4) In subsection (3): initial claim has the same meaning as in section 15 of the Administration Act. Division 2-Qualification for mature age allowance and mature age partner allowance Subdivision A-Qualification for mature age allowance 660XBA Qualification for mature age allowance (1) A person is qualified for mature age allowance if the person: (a) has turned 60 but has not reached pension age; and (b) satisfies the Secretary that the person is unemployed; and (d) has been receiving one or a combination of the following: (i) a social security pension; (ii) a social security benefit; (iia) a job search allowance; (iii) a service pension; for a continuous period of at least 12 months immediately before a claim period day; and (e) has 10 years qualifying Australian residence, or has a qualifying residence exemption for a mature age allowances. (1B) For the purposes of paragraph (1)(d), if a person ceases to receive one of the following: (a) a social security pension; (b) a social security benefit; (ba) a job search allowance; (c) a service pension; for a period of less than 13 weeks, the person is taken to have been receiving the pension or benefit for that period. Exemption from satisfying paragraphs (1) (c) and (d) (2) The qualifications in paragraphs (1)(c) and (1)(d) do not apply if the person has previously received mature age allowance or mature age partner allowance. (4) In this section, claim period day means: (a) the day on which the claim is lodged; or (b) any other day in the period of 3 months that starts immediately after the day on which the claim is lodged. Note 1: For pension age see section 23. Note 5: For qualifying Australian residence and qualifying residence exemption see section 7. Note 6: Exceptions to the qualification requirements in subsection (1) are set out in this Subdivision. Note 7: A mature age allowance is not payable in certain situations even if the person is qualified (see Subdivision A of Division 3). 660XBB Assurance of support A person is not qualified for mature age allowance on a day if the Secretary is satisfied that: (a) an assurance of support is in force in respect of the person (the assuree) on that day; and (b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and (c) it is reasonable for the assuree to accept that support. Note: For assurance of support see subsection 23(1). 660XBC Person may be treated as unemployed If: (a) a person undertakes paid work on a day; and (b) the Secretary is of the opinion that, taking into account: (i) the nature of the work; and (ii) the duration of the work; and (iii) any other matters relating to the work that the Secretary considers relevant; the work should be disregarded; the Secretary may treat the person as being unemployed on that day. 660XBE Unemployment due to industrial action (1) A person is not qualified for mature age allowance on a day unless the person satisfies the Secretary that the person's unemployment on that day was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions. (2) A person is not qualified for mature age allowance on a day unless the Secretary is satisfied: (a) that the person's unemployment on that day was due to other people being, or having been, engaged in industrial action or a series of industrial actions; and (b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and (c) the person was not a member of the trade union on that day. Note: For industrial action, trade union and unemployment see section 16. (3) Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for a mature age allowance on a day that occurs after the relevant industrial action or series of industrial actions has stopped. (4) Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by a State industrial authority, the Australian Industrial Relations Commission, the Federal Court or the Federal Magistrates Court, a person is not qualified for a mature age allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped. Note: For State industrial authority see section 4 of the Workplace Relations Act. Subdivision B-Qualification for mature age partner allowance 660XBI Qualification for mature age partner allowance A person is qualified for mature age partner allowance if: (a) the person is a member of a couple; and (b) the person's partner is receiving mature age allowance. Note 1: For member of a couple see section 4. Note 2: A person is not qualified if an assurance of support is in force (see section 660XBJ). 660XBJ Assurance of support A person is not qualified for mature age partner allowance on a day if the Secretary is satisfied that: (a) an assurance of support is in force in respect of the person (the assuree) on that day; and (b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and (c) it is reasonable for the assuree to accept that support. Note: For assurance of support see subsection 23(1). Division 3-Payability of mature age allowance and mature age partner allowance Subdivision A-Payability of mature age allowance 660XCA Mature age allowance not payable if allowance rate nil (1) Subject to subsection (2), a mature age allowance is not payable to a person if the person's mature age allowance rate would be nil. (2) Subsection (1) does not apply to a person if the person's rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under: (a) the social security law; or (b) Division 2 of Part VIIA of the Veterans' Entitlements Act. 660XCF Multiple entitlement exclusion (1) A mature age allowance is not payable to a person if the person is already receiving a service pension. (2) If: (a) a person is receiving a mature age allowance; and (b) another social security pension, a social security benefit or a service pension becomes payable to the person; the mature age allowance is not payable to the person. Note 1: Another payment type will generally not become payable to the person until the person claims it. (3) A mature age allowance is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; unless: (c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and (d) before 1 November 1986 the woman was also receiving a social security benefit. Note 1: For armed services widow see subsection 4(1). Note 2: A widow receiving a payment under the Veterans' Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate (see subsection 1064(5)). (4) A mature age allowance is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act. Note: For armed services widower see subsection 4(1). 660XCG Educational and other schemes exclusion (1) If: (a) a payment is, or may be, made in respect of a person under: (i) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or (ii) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and (b) the payment relates to a period; mature age allowance is not payable to the person in respect of any part of the period. Note: For prescribed educational scheme see section 5. (2) If: (a) a person may enrol in a full-time course of education; and (b) a payment under a scheme referred to in subsection (1) may be made in respect of the person; the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person before the person starts the course. Subdivision B-Payability of mature age partner allowance 660XCI Mature age partner allowance not payable if allowance rate nil (1) Subject to subsection (2), a mature age partner allowance is not payable to a person if the person's mature age partner allowance rate would be nil. (2) Subsection (1) does not apply to a person if the person's rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under: (a) the social security law; or (b) Division 2 of Part VIIA of the Veterans' Entitlements Act. 660XCN Multiple entitlement exclusion (1) A mature age partner allowance is not payable to a person if the person is already receiving a service pension. (2) If: (a) a person is receiving a mature age partner allowance; and (b) another social security pension, a social security benefit or a service pension becomes payable to the person; the mature age partner allowance is not payable to the person. Note 1: Another payment type will generally not become payable to the person until the person claims it. Note 2: For the day on which the mature age partner allowance ceases to be payable see section 660XJB. (3) A mature age partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act. 660XCO Educational schemes exclusion (1) If: (a) a payment has been, or may be, made in respect of a person under: (ii) the ABSTUDY Scheme; or (iii) a Student Financial Supplement Scheme; and (b) the payment relates to a period; mature age partner allowance is not payable to the person in respect of any part of the period. (2) If: (a) a person may enrol in a full-time course of education; and (b) a payment under a scheme referred to in subsection (1) may be made in respect of the person; the Secretary may decide that, in spite of subsection (1), mature age partner allowance is payable to the person before the person starts the course. 660XCP Commonwealth funded employment program exclusion If: (a) a person receives, or may receive, income that is paid by a community or group from funds provided under a Commonwealth funded employment program; and (b) the income is paid in respect of a period; mature age partner allowance is not payable to the person in respect of any part of the period. Note: For Commonwealth funded employment program see subsection 23(1). Division 6-Rate of mature age allowance and mature age partner allowance 660XFA How to work out a person's mature age allowance or mature age partner allowance A person's mature age allowance or mature age partner allowance rate is worked out by using Pension Rate Calculator A at the end of section 1064 (see Part 3.2). Division 11-Bereavement payments Subdivision A-Person receiving mature age allowance (death of partner) 660XKA Qualification for payments under this Subdivision (1) If: (a) a person is receiving a mature age allowance; and (b) the person is a member of a couple; and (c) the person's partner dies; and (d) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension; or (iii) was a long-term social security recipient; and (e) on the person's payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of: (i) the amount that would otherwise be payable to the person under section 660XKD (person's continued rate) on that payday; and (ii) the amount that would otherwise be payable to the person under section 660XKB (continued payment of partner's pension or benefit) on the partner's payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Subdivision to cover the bereavement period. Note 1: Section 660XKB provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person's partner during that period if the partner had not died. Note 2: Section 660XKC provides for a lump sum that represents the instalments that would have been paid to the person's partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died. (2) If: (a) a person is receiving a mature age allowance; and (b) immediately before starting to receive the allowance the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person's partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period. (3) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision. Note: If a person makes an election, the date of effect of any determination to increase the person's rate of mature age allowance may, in some circumstances, be the day on which the person's partner died (see subsection 660XJP(6)). (4) An election under subsection (3): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election. (5) If a person is qualified for payments under this Subdivision in relation to the partner's death, the rate at which mature age allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (3), governed by section 660XKD. (6) For the purposes of this section, a person is a long term social security recipient if: (a) the person is either receiving a social security benefit or is a benefit increase partner; and (b) in respect of the previous 12 months, the person: (i) was receiving a social security pension; or (ii) was receiving a social security benefit; or (iia) was receiving a youth training allowance; or (iii) was receiving a service pension; or (iv) was a benefit increase partner. (7) A person is taken to satisfy the requirements of paragraph (6)(b) if: (a) the person's receipt of social security pension, social security benefit, youth training allowance or service pension, or the person's status as a benefit increase partner, or a combination of these, was continuous for the period of 12 months; or (b) the person was receiving one or other of the payments referred to in paragraph (6)(b) or had the status of a benefit increase partner, or a combination of these, for 46 weeks of the previous 52. 660XKB Continued payment of partner's pension (1) If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each of the partner's paydays in the bereavement rate continuation period the following amount: (a) where the partner was receiving a social security pension-the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension-the amount that would have been payable to the partner under Part III of the Veterans' Entitlements Act on the service payday that: (i) where the first Thursday after the partner's death was a service payday-precedes the partner's payday; or (ii) in any other case-follows the partner's payday; if the partner had not died. (2) For the purposes of subsection (1), if the couple were, immediately before the partner's death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple. 660XKC Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section. LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1. Work out the amount that would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday if: (a) the person's partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple. Step 2. Work out the amount that would have been payable to the person's partner on the partner's payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate. Step 4. Work out the amount that, but for section 660XKD, would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate. Step 5. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component. Step 6. Work out the number of paydays of the partner in the bereavement lump sum period. Step 7. Multiply the partner's instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section. 660XKD Adjustment of person's mature age allowance rate If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 660XKA(3) not to receive payments under this Subdivision; the rate of the person's mature age allowance during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of mature age allowance payable to the person is the rate at which the mature age allowance would have been payable to the person if: (i) the person's partner had not died; and (ii) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple; (d) during the bereavement lump sum period (if any), the rate at which mature age allowance is payable to the person is the rate at which the mature age allowance would be payable to the person apart from this Subdivision. 660XKE Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person's partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section. LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1. Work out the amount that would have been payable to the person on the person's payday immediately after the day on which the person died if: (a) neither the person nor the person's partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple. Step 2. Work out the amount that would have been payable to the partner on the person's payday or service payday immediately after the day on which the person died if: (a) neither the person nor the partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate. Step 4. Work out the amount that, but for section 660XKD, would have been payable to the person on the person's payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate. Step 5. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component. Step 6. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends. Step 7. Multiply the partner's instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section. 660XKF Matters affecting payment of benefits under this Subdivision (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and (b) after the person's partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person's partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b). (2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and (b) an amount to which the person's partner would have been entitled if the person's partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person's partner or anyone else in respect of the payment of that money to the person. Subdivision B-Death of person receiving mature age allowance 660XKG Death of recipient (1) If: (a) a person is receiving mature age allowance; and (b) either: (i) the person is not a member of a couple; or (ii) the person is a member of a couple and the person's partner: (A) is not receiving a social security pension; and (B) is not receiving a service pension; and (c) the person dies; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person's payday after the person's death if the person had not died. (2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person. Note 2: For death of a person qualified for bereavement payments under Subdivision A see section 660XKE. Subdivision C-Continuation of mature age partner allowance where partner dies 660XKH Continuation of mature age partner allowance for bereavement period If: (a) a person is receiving a mature age partner allowance; and (b) the person's partner dies; the person remains qualified for the mature age partner allowance during the bereavement period as if: (c) the partner had not died; and (d) the partner had continued to receive a mature age allowance; and (e) the person and the partner had continued to be members of a couple. 660XKI Continued mature age partner allowance rate Where a person is qualified for a mature age partner allowance because of section 660XKH, the person's mature age partner allowance rate is worked out as follows: (a) during the bereavement rate continuation period, the rate of mature age partner allowance is the rate that would have been payable to the person if: (i) the partner had not died; and (ii) where the couple had been an illness separated couple or a respite care couple-they had not been such a couple; (b) during the bereavement lump sum period (if any), the rate of payments under this Subdivision is the rate at which a widow B pension would have been payable to the person if he or she had been qualified for a widow B pension. Subdivision D-Person receiving mature age partner allowance (death of partner) 660XKJ Qualification for payments under this Subdivision (1) If: (a) a person is receiving a mature age partner allowance; and (b) the person's partner dies; the person is qualified for payments under this Subdivision to cover the bereavement period. Note 1: Section 660XKK provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person's partner during that period if the partner had not died. Note 2: Section 660XKL provides for a lump sum that represents the instalments that would have been paid to the person's partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died. (2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision. (3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election. 660XKK Continued payment of partner's allowance If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person, on each day that would have been a payday for the partner in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that day if the partner had not died. 660XKL Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section. LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1. Work out the amount that would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday if: (a) the person's partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple. Step 2. Work out the amount that would have been payable to the person's partner on the first day that would have been a payday of the partner on or after the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate. Step 4. Work out the amount of widow B pension that would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday if a widow B pension had been payable to the person on that payday: the result is called the person's individual rate. Step 5. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component. Step 6. Work out the number of paydays of the partner in the bereavement lump sum period. Step 7. Multiply the partner's instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section. 660XKM Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person's partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section. LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1. Work out the amount that would have been payable to the person on the person's payday immediately after the day on which the person died if: (a) neither the person nor the person's partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple. Step 2. Work out the amount that would have been payable to the person's partner on the first day that would have been a payday of the partner on or after the day on which the person died if: (a) neither the person nor the partner had died; and (b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple-they were not such a couple. Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate. Step 4. Work out the amount that, but for sections 660XKH and 660XKI, would have been payable to the person on the person's payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate. Step 5. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component. Step 6. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends. Step 7. Multiply the partner's instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section. 660XKN Matters affecting payment of benefits under this Subdivision (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and (b) after the person's partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person's partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b). (2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and (b) an amount to which the person's partner would have been entitled if the person's partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person's partner or anyone else in respect of the payment of that money to the person. Part 2.12B-Mature age (post-30 June 1996) allowance Division 1-Application of Part 660YAA Application of Part This Part deals with mature age allowance to which Part 2.12A does not apply. 660YAB Time limits on claims for mature age allowance (1) In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a mature age allowance under this Part unless: (a) the person's claim for the allowance: (i) was lodged before 20 September 2003; or (ii) is taken, because of the operation of section 13 or 15 of the Administration Act, to have been made before 20 September 2003; and (b) the person was qualified for the allowance: (i) in a case to which subparagraph (a)(i) applies-on the date of lodgment of the claim; and (ii) in a case to which subparagraph (a)(ii) applies-on the date the person is taken to have made the claim. (2) Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a mature age allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date. (3) Nothing in this section affects the operation of section 85 of the Administration Act. Division 2-Qualification for mature age allowance 660YBA Qualification for mature age allowance (1) A person is qualified for a mature age allowance in respect of a period if the person fulfils the requirements set out in this section in respect of the period. (2) The first requirement is that the person has reached 60 years of age but has not reached pension age. Note: For pension age see section 23. (3) Subject to subsection (4), the second requirement is that either of the following paragraphs applies to the person: (a) the person was receiving a job search allowance or a newstart allowance immediately before the claim lodgment day and has been receiving an income support payment for a continuous period of at least 9 months immediately before the claim lodgment day; (b) at any time during the period of 13 weeks immediately before the claim lodgment day the person received a social security pension, a service pension, income support supplement, a widow allowance, a partner allowance, sickness allowance, benefit PP (partnered) or a parenting allowance (other than a non-benefit parenting allowance). Note 1: For income support payment see subsection 23(1). Note 2: For calculation of continuous period of receipt of income support payments see section 38B. (4) The requirement set out in subsection (3) does not apply to a person who has previously received mature age allowance under this Part or Part 2.12A. (5) The third requirement is that the person satisfies the Secretary that the person has no recent workforce experience. (6) For the purposes of subsection (5), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the claim lodgment day. (7) The fourth requirement is that the person is an Australian resident. Note: For Australian resident see section 7. (11) In this section: claim lodgment day means the day on which the claim is lodged. Note: A mature age allowance is not payable in certain situations even if the person is qualified (see Division 3). 660YBB Assurance of support A person is not qualified for mature age allowance in respect of a period if the Secretary is satisfied that: (a) an assurance of support is in force in respect of the person (the assuree) for the period; and (b) throughout the period the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and (c) throughout the period it would be reasonable for the assuree to accept the support. Note: For assurance of support see subsection 23(1). Division 3-Payability of mature age allowance 660YCA Mature age allowance not payable if allowance rate nil (1) Subject to subsection (2), a mature age allowance is not payable to a person if the person's mature age allowance rate would be nil. (2) Subsection (1) does not apply to a person if the person's rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under: (a) the social security law; or (b) Division 2 of Part VIIA of the Veterans' Entitlements Act. 660YCF Multiple entitlement exclusion (1) A mature age allowance is not payable to a person if the person is already receiving a mature age allowance under Part 2.12A, a service pension or income support supplement. (2) If: (a) a person is receiving a mature age allowance; and (b) another social security benefit, a social security pension, a service pension or income support supplement becomes payable to the person; the mature age allowance is not payable to the person. Note 1: Another payment type will generally not become payable to the person until the person claims it. (3) Subject to subsection (4), a mature age allowance is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act. Note 1: For armed services widow see subsection 4(1). Note 2: A widow receiving a payment under the Veterans' Entitlements Act who is not covered by paragraph (3)(b) may be paid at a lower rate (see subsection 1068(3)). (4) Subsection (3) does not apply to a woman if: (a) the woman has been receiving a payment referred to in paragraph (3)(b) continuously since before 1 November 1986; and (b) before 1 November 1986 the woman was also receiving a social security benefit. (5) A mature age allowance is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act. Note: For armed services widower see subsection 4(1). (6) A mature age allowance is not payable to a person if: (a) the person is an armed services widow or armed services widower; and (b) the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA. Note 1: For armed services widow and armed services widower see subsection 4(1). Note 2: For MRCA see subsection 23(1). 660YCFA Newly arrived resident's waiting period (1) Subject to this section, a person who: (a) has entered Australia on or after 1 January 1993; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks; is subject to a newly arrived resident's waiting period. (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a mature age allowance. Note: For qualifying residence exemption see subsections 7(6) and 7(6AA). (4) Subsection (1) does not apply to a person if: (a) the person is already subject to a newly arrived resident's waiting period; or (b) the person has already served a newly arrived resident's waiting period; or (c) the person: (i) has previously entered Australia before 1 January 1993; and (ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person's last departure from Australia. (5) Subsection (1) does not apply to a person if: (a) the person is a New Zealand citizen; and (b) the person was an Australian resident on 1 February 2000. 660YCFB Duration of newly arrived resident's waiting period (1) If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident. (3) The newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks. Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people. 660YCG Educational and other schemes exclusion (1) Subject to subsections (2) and (3), a mature age allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under: (a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees. Note 1: For prescribed educational scheme see section 5. (2) If: (a) a person enrols in a full-time course of education; and (b) a payment under a scheme referred to in subsection (1) may be made in respect of the person; the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person for a period before the person starts the course. (3) If: (a) a person enrols in a full-time course of education; and (b) the course is to last for 6 months or longer; and (c) an application is made for a payment in respect of the person under: (ii) the ABSTUDY Schools Scheme; or (iii) the ABSTUDY Tertiary Scheme; and (d) the person was receiving mature age allowance immediately before the start of the course; the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person until: (e) the application is determined; or (f) the end of 3 weeks beginning on the day on which the course starts; whichever happens first. 660YCH Maximum basic rate and remote area allowance not payable to CDEP Scheme participant The maximum basic rate, and the remote area allowance, of mature age allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period. Note 1: For remote area allowance see Module J of Benefit Rate Calculator B. Note 2: For CDEP Scheme participant see subsection 23(1). 660YCI Exclusion for non-payment period for job search allowance, newstart allowance or partner allowance If: (a) a period of non-payment of newstart allowance or partner allowance has been imposed in respect of a person; and (b) the period has not ended; mature age allowance is not payable to the person for the period. Note 2: For the imposition of a period of non-payment of newstart allowance see Subdivision F of Division 1 of Part 2.12 and section 634. Note 3: For the imposition of a period of non-payment of partner allowance see paragraph 771HC(1)(b). 660YCJ Allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures] (1) A mature age allowance is not payable to a person if the value of the person's assets is greater than the person's assets value limit. (2) A person's assets value limit is calculated by working out which family situation in column 2 of the following Table applies to the person; the assets value limit is the corresponding amount in column 3. |Assets value limit table | |Column 1|Column 2 |Column 3 | | | |Assets value limit | |Item |Person's family|Column 3A |Column 3B | | |situation |Either the|Neither | | | |person or |the person| | | |the |nor the | | | |partner is|partner is| | | |a |a | | | |homeowner |homeowner | |1. |Not member of a|$118,000 |$202,000 | | |couple | | | |2. |Partnered |$167,500 |$251,500 | | |(partner | | | | |getting neither| | | | |pension nor | | | | |allowance) | | | |3. |Partnered |$83,750 |$125,750 | | |(partner | | | | |getting pension| | | | |or allowance) | | | Note 1: For members of a couple, partnered (partner getting neither pension nor allowance) and partnered (partner getting pension or allowance) see section 4. Note 2: For homeowner see section 11. Note 3: If item 2 applies to a person, the value of all the assets of the person's partner is to be taken as being included in the value of the person's assets (see subsection 660YCK(1))- this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person's assets is only half the combined value of the person's assets and the assets of the person's partner (see subsection 660YCK(2)). Note 4: If a mature age allowance is not payable to a person because of the value of the person's assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132). Note 5: The assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194). Note 6: The assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)). Note 7: The assets value limits of item 2 are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)). 660YCK Value of assets of members of couples (1) If: (a) a person is a member of a couple; and (b) the person's partner is not in receipt of an income support payment; the value of the person's assets, or of assets of a particular kind of the person, includes the value of the partner's assets or of assets of that kind of the partner. (2) If: (a) a person is a member of a couple; and (b) the person's partner is in receipt of an income support payment; the following paragraphs apply: (c) the value of the person's assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person's partner; and (d) the value of the person's assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person's partner. Note: For income support payment see subsection 23(1). 660YCL Seasonal workers (1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for mature age allowance, the person, or, if the person is a member of a couple, the person or the person's partner, has been engaged in seasonal work. Note: For seasonal work see subsection 16A(1). (2) Mature age allowance is not payable to the person: (a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person-for the person's seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person-for that part (if any) of the person's seasonal work preclusion period to which the person is subject as a result of the determination. Note: For seasonal work preclusion period see subsection 16A(1). (3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly. Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple). Note 2: For unavoidable or reasonable expenditure see subsection 19C(4). Division 6-Rate of mature age allowance 660YFA How to work out a person's mature age allowance A person's mature age allowance rate is worked out by using Benefit Rate Calculator B at the end of section 1068 (see Part 3.6). 660YGI CDEP Scheme participant may accumulate mature age allowance (1) A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any mature age allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid. (2) If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after: (a) unless paragraph (b) applies, the last day of the quarter; or (b) if the person ceases to be a CDEP Scheme participant before the end of the quarter-the day on which the person so ceases. (3) In this section: quarter means a CDEP Scheme quarter. Note 1: For CDEP Scheme participant see section 1188B. Note 2: For CDEP Scheme quarter see subsection 23(1). Division 11-Bereavement payments Subdivision A-Preliminary 660YKA Surviving partner and deceased partner If: (a) a person is receiving mature age allowance; and (b) the person's partner dies; then, for the purposes of this Division: (c) the person is the surviving partner; and (d) the person's partner is the deceased partner. Subdivision B-Continuation of mature age allowance following death of recipient's partner 660YKB Continuation of mature age allowance for bereavement period (1) This section applies if: (a) a person is receiving mature age allowance; and (b) the person's partner dies; and (c) immediately before the deceased partner died, the partner: (i) was a long-term social security recipient; or (ii) was receiving a social security pension, a service pension or income support supplement; and (d) immediately before the deceased partner died, the surviving partner was a long-term social security recipient. (2) The surviving partner remains qualified for mature age allowance during the bereavement period as if: (a) the deceased partner had not died; and (b) the deceased partner had continued to receive an income support payment; and (c) the surviving partner and the deceased partner had continued to be members of a couple. (3) The surviving partner's mature age allowance rate during the bereavement rate continuation period is the rate that would have been payable to the surviving partner if: (a) the deceased partner had not died; and (b) if the couple had been an illness separated couple or a respite care couple-they had not been such a couple. (4) The surviving partner's mature age allowance rate during the bereavement lump sum period (if any) is the rate at which mature age allowance would