SOCIAL SECURITY ACT 1991
Table of Provisions
CHAPTER 1--Introductory
PART 1.1----FORMAL MATTERS
PART 1.2----DEFINITIONS
- 3A Power of Secretary to make determinations etc.
- 3AB References to Employment Secretary
- 3B Definitions--simplified outline
- 4 definitions--couples
- 5 definitions--children
- 5A Single person sharing accommodation
- 5B Registered and active foster carers
- 5C Home educators
- 5D Distance educators
- 5E Relatives (other than parents)
- 5F Secondary pupil child
- 5G Main supporter of secondary pupil child
- 6 definitions
- 6A Concession card definitions
- 7 definitions
- 8 definitions
- 9 Financial assets and income streams definitions
- 9A Meaning of--lifetime income streams
- 9B Meaning of--life expectancy income streams
- 9BA Meaning of--market-linked income streams
- 9C Family law affected income streams
- 9D Asset-tested status of secondary FLA income streams
- 9E Asset-tested income stream (lifetime)
- 10 definitions
- 10A Definitions for carer allowance and seniors health card provisions
- 11 definitions
- 11A definition for the purpose of the assets test
- 12 definitions
- 12A definitions
- 12B definitions
- 12C definitions
- 13 definitions
- 14 definitions
- 14A definitions
- 16 definitions
- 16A definitions
- 16B Partial capacity to work
- 17 definitions
- 18 Parenting payment definitions
- 19 definitions
- 19A Fares allowance definitions
- 19AA Student start-up loan definitions
- 19AB Student Financial Supplement Scheme definitions
- 19B Financial hardship (Carer payment) liquid assets test definition
- 19C Severe financial hardship definitions
- 19D Severe financial hardship--crisis payment definition
- 19DA Experiencing a personal financial crisis definition
- 19E Exempt funeral investments
- 20 definitions
- 20A Pension supplement rate definitions
- 21 definitions
- 23 Dictionary
PART 1.3----DETERMINATIONS HAVING INTERPRETATIVE EFFECT
- 24 Person may be treated as not being a member of a couple (subsection 4(2))
- 24A Approved scholarship
- 25 Refugee visas
- 26 Impairment Tables and rules for applying them
- 27 Application of Impairment Tables
- 28 Approved programs of work for income support payment
- 28A Approval of programs of assistance
- 28C Declared program participants
- 29 Approval of friendly societies
- 30 Approval of mental hospitals
- 31 Approval of follow-up rehabilitation programs
- 32 Approval of sheltered employment--non-profit organisation
- 33 Approval of sheltered employment--supported employment
- 35 Approval of care organisation
- 35A Personal Care Support
- 35B Declared overseas terrorist act
- 36 Major disaster
- 36A Part 2.23B major disaster
- 37 Dependent child--inmate of a mental hospital
- 38B Notional continuous period of receipt of income support payments
- 38C Adult Disability Assessment Tool
- 38E Disability Care Load Assessment (Child) Determination
- 38F Treating health professional
PART 1.3B----LOSS OF SOCIAL SECURITY PAYMENTS AND CONCESSIONS FOR PERSONS ON SECURITY GROUNDS
- 38L Simplified outline of this Part
- 38M Loss of social security payments and concessions for persons on security grounds
- 38N Security notice from Home Affairs Minister
- 38P Notice from Foreign Affairs Minister
- 38R Copy of security notice to be given to Secretaries
- 38S Period security notice is in force
- 38SA Annual review of security notice
- 38T Revoking a security notice
- 38U Notices may contain personal information
- 38V Decisions under Part not decisions of officers
- 38W Notices not legislative instruments
PART 1.4----MISCELLANEOUS
- 39 Tables, calculators etc. form part of section
- 40 Activities that do not give rise to employment under certain industrial relations legislation
CHAPTER 2--Pensions, benefits and allowances
PART 2.2----AGE PENSION
DIVISION 1--Qualification for and payability of age pension- 43 Qualification for age pension
- 44 Age pension not payable if pension rate nil
- 47 Multiple entitlement exclusion
- 47A Exclusion of certain participants in ABSTUDY Scheme DIVISION 4--Rate of age pension
- 55 How to work out a person's age pension rate DIVISION 9--Bereavement payments
- 82 Qualification for payments under this Subdivision
- 83 Continued payment of deceased partner's previous entitlement
- 84 Lump sum payable in some circumstances
- 85 Adjustment of person's age pension rate
- 86 Effect of death of person entitled to payments under this Subdivision
- 87 Matters affecting payment of benefits under this Subdivision
- 91 Death of recipient
PART 2.2A----PENSION BONUS
DIVISION 1--Introduction- 92A Simplified outline
- 92B Definitions DIVISION 2--Qualification for pension bonus
- 92C Qualification for pension bonus DIVISION 3--Registration as a member of the pension bonus scheme
- 92D Application for registration
- 92E Form of application
- 92F Relevant information
- 92G Lodgment of application
- 92H Timing of application and registration
- 92J Registration
- 92K Duration of membership
- 92L Cancellation of membership
- 92M Application for registration is not to be treated as a claim
- 92N Accruing membership
- 92P Non-accruing membership--preclusion periods
- 92Q Non-accruing membership--Secretary's discretion
- 92R Continuity of accruing membership is not broken by a period of non-accruing membership
- 92S Post-75 membership DIVISION 4--Accrual of bonus periods
- 92T Accrual of bonus periods DIVISION 5--Passing the work test
- 92U Work test--full-year period
- 92V Work test--part-year period
- 92W Secretary's discretion to treat gainful work outside Australia as gainful work in Australia
- 92X Gainful work--basic rule
- 92Y Secretary's discretion to treat activity as gainful work
- 92Z Irregular, infrequent and minor absences from a workplace count as gainful work
- 93 Management of family financial investments does not count as gainful work
- 93A Domestic duties in relation to a person's place of residence do not count as gainful work
- 93B Evidentiary certificate
- 93C Record-keeping requirements DIVISION 6--Amount of pension bonus
- 93D How to calculate the amount of pension bonus
- 93E Qualifying bonus periods
- 93F Overall qualifying period
- 93G Pension multiple
- 93H Annual pension rate
- 93J Amount of pension bonus
- 93K Top up of pension bonus for increased rate of age pension
- 93L Top up of pension bonus in specified circumstances DIVISION 11--Preclusion periods
- 93U Disposal preclusion period--disposals before 1 July 2002
- 93UA Disposal preclusion period--disposals on or after 1 July 2002
- 93V Compensation preclusion period
- 93W Carer preclusion period DIVISION 12--Pension bonus bereavement payment
- 93WA Qualification for pension bonus bereavement payment
- 93WB Amount of pension bonus bereavement payment
- 93WC Definition of
PART 2.3----DISABILITY SUPPORT PENSION
DIVISION 1--Qualification for and payability of disability support pension- 94 Qualification for disability support pension
- 94A Participation requirements
- 94B Participation plans
- 94C Illness or accident
- 94D Pre-natal and post-natal relief
- 94E Supported employment
- 94F Special circumstances
- 95 Qualification for disability support pension--permanent blindness
- 96 Continuation of disability support pension
- 98 Disability support pension not payable if pension rate nil
- 103 Multiple entitlement exclusion
- 103A Exclusion of certain participants in ABSTUDY Scheme
- 104 Seasonal workers--preclusion period DIVISION 5--Rate of disability support pension
- 117 How to work out a person's disability support pension rate
- 118 Approved program of work supplement
- 119 Approved program of work supplement not payable in certain circumstances
- 120 Effect of participation in an approved program of work for income support payment DIVISION 10--Bereavement payments
- 146F Qualification for payments under this Subdivision
- 146G Continued payment of deceased partner's previous entitlement
- 146H Lump sum payable in some circumstances
- 146J Adjustment of person's disability support pension rate
- 146K Effect of death of person entitled to payments under this Subdivision
- 146L Matters affecting payment of benefits under this Subdivision
- 146Q Death of recipient
PART 2.5----CARER PAYMENT
DIVISION 1A--Interpretation- 197 Definitions DIVISION 1--Qualification for and payability of carer payment
- 197A Overview--circumstances in which person is qualified for carer payment
- 197B Qualification--child with a severe disability or severe medical condition
- 197C Qualification--2 or more children each with a disability or medical condition
- 197D Qualification--disabled adult and one or more children each with a disability or medical condition
- 197E Qualification--child who has a terminal condition
- 197F Qualification--exchanged care of children
- 197G Qualification--short term or episodic care of children
- 197H Qualification--extension of short term or episodic care
- 197J Qualification following qualification for short term or episodic care
- 197K Remaining qualified after child turns 16
- 198 Qualification--disabled adult or disabled adult and dependent child
- 198AAA Continuation of qualification when person receiving care admitted to institution
- 198AA Qualification for carer payment--hospitalisation
- 198AB Care not required to be in private residence during portability period
- 198AC Effect of cessation of care etc. on carer payment
- 198AD Qualification--wife pension and carer allowance recipient
- 198A Income test
- 198B Taxable income
- 198C Appropriate tax year
- 198D Assets test
- 198E Working out the value of assets
- 198F Disposal of assets--care receiver assets test
- 198G Amount of disposition--care receiver assets test
- 198H Disposal of assets in pre-pension years--individual higher ADAT score adults
- 198HA Disposal of assets in pre-pension years--profoundly disabled child or disabled children
- 198HB Disposal of assets in pre-pension years--lower ADAT score adult and dependent child
- 198J Disposal of assets before 1 July 2002--individual higher ADAT score adults
- 198JA Disposal of assets before 1 July 2002--profoundly disabled children or disabled children
- 198JB Disposal of assets before 1 July 2002--lower ADAT score adult and dependent child
- 198JC Disposal of assets in income year--individual higher ADAT score adults
- 198JD Disposal of assets in 5 year period--individual higher ADAT score adults
- 198JE Disposal of assets in income year--sole care children
- 198JF Disposal of assets in 5 year period--sole care child
- 198JG Disposal of assets in income year--lower ADAT score adult and child or children
- 198JH Disposal of assets in 5 year period--lower ADAT score adult and child or children
- 198K Disposal of assets in pre-pension years--members of couples including higher ADAT score adults
- 198L Disposal of assets before 1 July 2002--members of couples including higher ADAT score adults
- 198LA Disposal of assets in income year--members of couples including higher ADAT score adults
- 198LB Disposal of assets in 5 year period--members of couples including higher ADAT score adults
- 198M Certain dispositions to be disregarded for care receiver assets test
- 198MA Other disposals to be disregarded for care receiver assets test
- 198N Exemption from care receiver assets test
- 198P Date of effect of favourable decision under section 198N
- 198Q Date of effect of adverse decision under section 198N
- 199 Carer payment not payable if payment rate nil
- 201AA Newly arrived resident's waiting period
- 201AB Duration of newly arrived resident's waiting period
- 202 Multiple entitlement exclusion
- 202A Exclusion of certain participants in ABSTUDY Scheme
- 203 Seasonal workers--preclusion period DIVISION 4--Rate of carer payment
- 210 How to work out a person's carer payment rate DIVISION 9--Bereavement payments
- 235 Continuation of carer payment for bereavement period where person cared for dies
- 236 Continued carer payment rate
- 236A Lump sum payable in some circumstances
- 236B Subdivision not to apply in certain cases involving simultaneous death
- 237 Qualification for payments under this Subdivision
- 238 Continued payment of deceased partner's previous entitlement
- 239 Lump sum payable in some circumstances
- 240 Adjustment of person's carer payment rate
- 241 Effect of death of person entitled to payments under this Subdivision
- 242 Benefits under this Subdivision
- 243 Subdivision not to apply in certain cases involving simultaneous death
- 246 Death of recipient
PART 2.5A----ONE-OFF PAYMENTS TO CARERS ELIGIBLE FOR CARER PAYMENT
DIVISION 1--One-off payment to carers eligible for carer payment- 247 One-off payment to carers (carer payment related)
- 248 What is the amount of the payment? DIVISION 2--2005 one-off payment to carers eligible for carer payment
- 249 2005 one-off payment to carers (carer payment related)
- 250 What is the amount of the payment? DIVISION 3--2005 one-off payment to carers eligible for carer service pension
- 251 2005 one-off payment to carers (carer service pension related)
- 252 What is the amount of the payment? DIVISION 4--2006 one-off payment to carers eligible for carer payment
- 253 2006 one-off payment to carers (carer payment related)
- 254 Amount of the one-off payment DIVISION 5--2006 one-off payment to carers eligible for wife pension
- 255 2006 one-off payment to carers (wife pension related)
- 256 Amount of the one-off payment DIVISION 6--2006 one-off payment to carers eligible for partner service pension
- 257 2006 one-off payment to carers (partner service pension related)
- 258 Amount of the one-off payment DIVISION 7--2006 one-off payment to carers eligible for carer service pension
- 259 2006 one-off payment to carers (carer service pension related)
- 260 Amount of the one-off payment DIVISION 8--2007 one-off payment to carers eligible for carer payment
- 261 2007 one-off payment to carers (carer payment related)
- 262 Amount of the one-off payment DIVISION 9--2007 one-off payment to carers eligible for wife pension
- 263 2007 one-off payment to carers (wife pension related)
- 264 Amount of the one-off payment DIVISION 10--2007 one-off payment to carers eligible for partner service pension
- 265 2007 one-off payment to carers (partner service pension related)
- 266 Amount of the one-off payment DIVISION 11--2007 one-off payment to carers eligible for carer service pension
- 267 2007 one-off payment to carers (carer service pension related)
- 268 Amount of the one-off payment DIVISION 12--2008 one-off payment to carers eligible for carer payment
- 269 2008 one-off payment to carers (carer payment related)
- 270 Amount of the one-off payment DIVISION 13--2008 one-off payment to carers eligible for wife pension
- 271 2008 one-off payment to carers (wife pension related)
- 272 Amount of the one-off payment DIVISION 14--2008 one-off payment to carers eligible for partner service pension
- 273 2008 one-off payment to carers (partner service pension related)
- 274 Amount of the one-off payment DIVISION 15--2008 one-off payment to carers eligible for carer service pension
- 275 2008 one-off payment to carers (carer service pension related)
- 276 Amount of the one-off payment
PART 2.6----ONE-OFF ENERGY ASSISTANCE PAYMENT
PART 2.6A----2019 ONE-OFF ENERGY ASSISTANCE PAYMENT
PART 2.6B----2020 ECONOMIC SUPPORT PAYMENTS
DIVISION 1--First 2020 economic support payment- 304 First 2020 economic support payment
- 305 Amount of first 2020 economic support payment DIVISION 2--Second 2020 economic support payment
- 306 Second 2020 economic support payment
- 307 Amount of second 2020 economic support payment DIVISION 3--Eligibility
- 308 Eligibility
PART 2.6C----ADDITIONAL ECONOMIC SUPPORT PAYMENTS
DIVISION 1--Additional economic support payment 2020- 309 Additional economic support payment 2020
- 310 Amount of additional economic support payment 2020 DIVISION 2--Additional economic support payment 2021
- 311 Additional economic support payment 2021
- 312 Amount of additional economic support payment 2021 DIVISION 3--Eligibility
- 313 Eligibility
PART 2.6D----2022 COST OF LIVING PAYMENT
DIVISION 1--2022 cost of living payment- 314 2022 cost of living payment
- 315 Amount of 2022 cost of living payment DIVISION 2--Eligibility
- 316 Eligibility
PART 2.10----PARENTING PAYMENT
DIVISION 1--Qualification for and payability of parenting payment- 500 Qualification for parenting payment
- 500B Qualification--assurance of support
- 500C Qualification affecting member of couple--unemployment due to industrial action
- 500D PP child
- 500E Prospective determinations for some recipients
- 500I Parenting payment not payable if payment rate nil
- 500J Situations where payment not payable for failure to comply with certain requirements
- 500Q Assets test--payment not payable if assets value limit exceeded
- 500S Multiple entitlement exclusion
- 500V Educational schemes exclusion--person member of a couple
- 500VA Exclusion of certain participants in ABSTUDY Scheme
- 500WA Ordinary waiting period
- 500WB Duration of ordinary waiting period
- 500X Newly arrived resident's waiting period
- 500Y Duration of newly arrived resident's waiting period
- 500Z Seasonal workers--preclusion period DIVISION 4--Rate of parenting payment
- 503 How to work out a person's parenting payment rate
- 503A Approved program of work supplement
- 503AA Approved program of work supplement not payable in certain circumstances DIVISION 9--Bereavement payments
- 512 Death of PP child--continuation of qualification for 14 weeks
- 513 Death of recipient--recipient not member of a couple
- 513A Death of recipient--recipient member of a couple
- 514 Surviving partner and deceased partner
- 514A Qualification for payments under this Subdivision
- 514B Continued payment of deceased partner's previous entitlement
- 514C Lump sum payable in some circumstances
- 514D Adjustment of person's parenting payment rate
- 514E Effect of death of surviving partner
- 514F Matters affecting payments under this Subdivision
PART 2.11----YOUTH ALLOWANCE
DIVISION 1--Qualification for youth allowance- 540 Qualification for youth allowance--general rule
- 540A Qualification for youth allowance--claimants for disability support pension
- 540AA Qualification for youth allowance--new apprentices
- 540AB Qualification for youth allowance--claimants with medical conditions affecting their capacity to work
- 540B Qualification for youth allowance--transferee from social security pension
- 540BA Qualification for youth allowance--coronavirus
- 540C Qualification for youth allowance may continue to end of payment period
- 541B Undertaking full-time study
- 541C One course of education
- 542 Situations in which a person is exempt from undertaking full-time study
- 542A Temporary incapacity exemption
- 542B Failure to attend interview etc. may result in cessation of temporary incapacity exemption
- 542C Time limit for temporary incapacity exemptions--maximum exemption period
- 542D Pre-natal and post-natal exemptions
- 542EA Exemption from undertaking full-time study--death of person's partner
- 542F Domestic violence or other special family circumstances exemption
- 542FA Disabled children or other family circumstances exemption
- 542G Training camp exemption
- 542H Special circumstances exemption
- 543 Youth allowance age
- 543A Minimum age for youth allowance
- 543B Maximum age for youth allowance
- 546 Prospective determinations for some allowance recipients DIVISION 2--Situations in which youth allowance is not payable
- 547 Youth allowance not payable if allowance rate nil
- 547AA Youth allowance not payable if person fails to attend interview etc. in certain circumstances
- 547AB Situations where allowance not payable for failure to comply with certain requirements
- 547A Allowance not payable if assets value limit exceeded
- 547B Who is excluded from application of assets test?
- 547C Assets value limit
- 547D Value of person's assets to include value of assets of partner in certain circumstances
- 549 Waiting periods
- 549A Liquid assets test waiting period
- 549B Start of liquid assets test waiting period
- 549C Length of liquid assets test waiting period
- 549CA Ordinary waiting period
- 549CB Duration of ordinary waiting period
- 549D Newly arrived resident's waiting period
- 549E Length of newly arrived resident's waiting period
- 549F Effect of being subject to multiple waiting periods
- 549G Application of Subdivision
- 550 Youth allowance participation failures
- 550B Allowance not payable because of youth allowance participation failure
- 550C When the period of non-payment starts
- 550D When the period of non-payment ends
- 550E Application of Subdivision
- 551 Allowance not payable because of repeated failure
- 551A When the period of non-payment starts
- 552 Multiple entitlement exclusions
- 552A Person receiving payment under certain schemes
- 552B Assurance of support
- 553 Employment-related exclusions
- 553A Unemployment due to industrial action
- 553B Move to area of lower employment prospects
- 553C Seasonal workers DIVISION 5--Rate of youth allowance
- 556 How to work out a person's youth allowance rate
- 556A Approved program of work supplement DIVISION 10--Bereavement payments
- 567 Qualification for payments under this Subdivision
- 567A Continued payment of partner's pension or benefit
- 567B Lump sum payable in some circumstances
- 567C Adjustment of person's youth allowance rate
- 567D Effect of death of person entitled to payments under this Subdivision
- 567E Matters affecting payments under this Subdivision
- 567FA Qualification for payment under this Subdivision
- 567FB Amount of payment
- 567G Death of child--continuation of youth allowance rate for 14 weeks
PART 2.11A----AUSTUDY PAYMENT
DIVISION 1--Qualification for austudy payment- 568 Qualification for austudy payment--general rule
- 568AA Qualification for austudy payment--new apprentices
- 568A Qualification for austudy payment--transferee from social security pension
- 569 Activity test
- 569A Undertaking qualifying study
- 569AA One course of education
- 569B Approved course of education or study
- 569C Full-time students
- 569D Concessional study-load students
- 569E Normal amount of full-time study
- 569F First fortnight of classes
- 569G Progress rules--secondary students
- 569H Progress rules--tertiary students
- 570 Austudy age DIVISION 2--Situations in which austudy payment is not payable
- 572 Austudy payment not payable if payment rate nil
- 572A Situations where austudy payment not payable for failure to comply with certain requirements
- 573 Austudy payment not payable if assets value limit exceeded
- 573B Assets value limit
- 573C Value of person's assets to include value of assets of partner
- 575 Waiting periods
- 575A Liquid assets test waiting period
- 575B Start of liquid assets test waiting period
- 575C Length of liquid assets test waiting period
- 575D Newly arrived resident's waiting period
- 575E Length of newly arrived resident's waiting period
- 575EA Seasonal workers--preclusion period
- 575F Effect of being subject to 2 waiting periods
- 576 Austudy participation failures
- 576A Allowance not payable because of austudy participation failure
- 576B When the period of non-payment starts
- 576C When the period of non-payment ends
- 577 Payment not payable because of repeated failure
- 577A When the period of non-payment starts
- 578 Multiple entitlement exclusions
- 578A Person receiving payment under certain schemes
- 578B Assurance of support DIVISION 5--Rate of austudy payment
- 581 How to work out a person's austudy payment rate DIVISION 10--Bereavement payments on death of partner
- 592 Qualification for payments under this Division
- 592A Continued payment of partner's pension or benefit
- 592B Lump sum payable in some circumstances
- 592C Adjustment of person's austudy payment rate
- 592D Effect of death of person entitled to payments under this Division
- 592E Matters affecting payments under this Division
PART 2.11B----SCHOLARSHIP PAYMENTS FOR STUDENTS
DIVISION 2--Relocation scholarship payment- 592J Qualification for relocation scholarship payment
- 592K Circumstances in which person is not qualified for relocation scholarship payment
- 592L Amount of relocation scholarship payment DIVISION 3--Approved scholarship course
- 592M Definition
- 592N Approved scholarship course
PART 2.12----JOBSEEKER PAYMENT
DIVISION 1--Qualification for and payability of jobseeker payment- 593 Qualification for jobseeker payment
- 595 Persons may be treated as unemployed
- 596 Unemployment due to industrial action
- 596A Assurance of support
- 598 Liquid assets test waiting period
- 600 Prospective determinations for some jobseeker payment recipients
- 608 Jobseeker payment not payable if payment rate nil
- 611 Assets test--jobseeker payment not payable if assets value limit exceeded
- 612 Value of assets of members of couples
- 613 Full-time students
- 614 Multiple entitlement exclusion
- 615 Jobseeker payment not payable if person fails to attend interview etc. in certain circumstances
- 620 Ordinary waiting period
- 621 Duration of ordinary waiting period
- 623A Newly arrived resident's waiting period
- 623B Duration of newly arrived resident's waiting period
- 631 Situations where jobseeker payment not payable for failure to comply with certain requirements
- 633 Seasonal workers
- 634 Move to area of lower employment prospects DIVISION 4--Rate of jobseeker payment
- 643 How to work out a person's jobseeker payment rate
- 644AAA Approved program of work supplement
- 654 Rate of jobseeker payment for former recipients of wife pension
- 655 Wife pension transition rate--method 1
- 656 Wife pension transition rate--method 2 DIVISION 9--Bereavement payments
- 660LA Qualification for payments under this Subdivision
- 660LB Continued payment of partner's pension or benefit
- 660LC Lump sum payable in some circumstances
- 660LD Adjustment of a person's jobseeker payment rate
- 660LE Effect of death of person entitled to payments under this Subdivision
- 660LF Matters affecting payments under this Subdivision
- 660LH Qualification for payment under this Subdivision
- 660LI Amount of payment
- 660M Death of child--continuation of jobseeker payment rate for 14 weeks
PART 2.13----REMOTE ENGAGEMENT PROGRAM PAYMENT
DIVISION 1--Qualification for and payability of remote engagement program payment- 661A Qualification for remote engagement program payment
- 661B Definition of
- 661C Remote engagement program payment not payable in specified circumstances
- 661D Time limits on payability of remote engagement program payment DIVISION 2--Rate of remote engagement program payment
- 661E Remote engagement program payment--determination of rate DIVISION 3--Miscellaneous matters
- 661F Effect of undertaking activities under the remote engagement program
CHAPTER 2--Pensions, benefits and allowances
PART 2.13A----EDUCATION ENTRY PAYMENT
DIVISION 1--Recipients of pension PP (single)- 665A Payment to recipient of pension PP (single)
- 665B Amount of section 665A payment
- 665C Need for claim DIVISION 2--Recipients of disability support pension
- 665E Payment to a disability support pensioner
- 665F Amount of section 665E payment
- 665G Need for claim DIVISION 4--Special benefit recipients
- 665M Payment to a special benefit recipient
- 665N Amount of section 665M payment
- 665P Need for claim DIVISION 6--Jobseeker payment recipients
- 665U Payment to recipient
- 665V Amount of section 665U payment
- 665W Need for claim DIVISION 8A--Carer payment recipients
- 665ZFA Payment to a carer payment recipient
- 665ZFB Amount of section 665ZFA payment
- 665ZFC Need for claim DIVISION 12--Recipients of PP (partnered)
- 665ZU Payment to recipient of PP (partnered)
- 665ZV Amount of section 665ZU payment
- 665ZW Need for claim DIVISION 13--Protection of education entry payment
- 665ZY Education entry payment to be absolutely inalienable
- 665ZZ Effect of garnishee or attachment order
PART 2.15----SPECIAL BENEFIT
DIVISION 1--Qualification for and payability of special benefit- 729 Qualification for special benefit
- 729A Time limit on qualification for certain recipients of special benefit
- 729AA Effect of industrial action on qualification conditions of certain claimants for special benefit
- 729B Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks
- 729C Consequence of subsection 729B(2) determination
- 730 Determination of period
- 732 Special benefit not payable if benefit rate nil
- 733 Assets test--benefit not payable if assets value limit exceeded
- 734 Value of assets of members of couples
- 735 Multiple entitlement exclusion
- 736 Secretary may require certain persons to attend courses or undertake work
- 737 Full-time students
- 738 Payments under certain education schemes
- 739 SPB homeless person
- 739A Newly arrived resident's waiting period
- 739B Secretary to act in accordance with guidelines
- 739C Guidelines for exercise of Secretary's powers under subsection 739A(7)
- 745H Situations where special benefit not payable for failure to comply with certain requirements
- 745M Seasonal workers
- 745N Move to area of lower employment prospects DIVISION 4--Rate of special benefit
- 746 Rate of special benefit
- 747 Approved program of work supplement for persons who are nominated visa holders
- 759 Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders DIVISION 9--Bereavement payments
- 768A Qualification for payments under this Subdivision
- 768B Continued payment of partner's pension or benefit
- 768C Lump sum payable in some circumstances
- 768D Adjustment of a person's special benefit rate
- 768E Effect of death of person entitled to payments under this Subdivision
- 768F Matters affecting payments under this Subdivision
PART 2.16----SPECIAL NEEDS PENSIONS
DIVISION 1A--Time limit on grant of special needs wife pension- 771P Special needs wife pension not to be granted after 30 June 1995 DIVISION 1B--Time limit on grant of other special needs pensions
- 771PA Special needs pensions not to be granted after 20 September 2000 DIVISION 1--Qualifications for and payability of special needs pensions
- 772 Qualification for special needs age pension
- 773 Qualification for special needs disability support pension
- 774 Qualification for special needs wife pension
- 779 Special needs pension not payable if pension rate nil
- 783 Second special needs pension generally not payable after cancellation of initial pension
- 787 Multiple entitlement exclusion DIVISION 5--Rate of special needs pension
- 796 How to work out a person's special needs pension rate -- DIVISION 10--Bereavement payments
- 822 Qualification for payments under this Subdivision
- 823 Continued payment of deceased partner's previous entitlement
- 824 Lump sum payable in some circumstances
- 825 Adjustment of rate of person's special needs pension
- 826 Effect of death of person entitled to payments under this Subdivision
- 827 Matters affecting payment of benefits under this Subdivision
- 830 Death of recipient
PART 2.17----ECONOMIC SECURITY STRATEGY PAYMENT
- 900 Qualification for economic security strategy payment
- 901 Amount of economic security strategy payment--general
- 902 Amount of economic security strategy payment--person receiving carer allowance
PART 2.18----TRAINING AND LEARNING BONUS
PART 2.18A----CLEAN ENERGY PAYMENTS
DIVISION 1--Clean energy advances- 914 Recipients of certain social security payments
- 914A Recipients of austudy, youth allowance, some disability support pensions and some special benefits
- 914B Disregard nil rate in certain circumstances
- 914C Limits on qualifying for multiple advances
- 914D Amount of a clean energy advance
- 914E
- 914F
- 914G Top-up payments of clean energy advance DIVISION 2--Quarterly energy supplement
- 915 When quarterly energy supplement is payable
- 915A Electing to receive quarterly energy supplement
- 915B Rate of quarterly energy supplement DIVISION 4--Essential medical equipment payment
- 917A Definitions
- 917B Qualification for essential medical equipment payment
- 917C The medical needs requirement
- 917D The concession card requirement
- 917E The energy account requirement
- 917F Availability of payments
- 917G Amount of payment
- 917H Non-receipt of social security payment DIVISION 5--Multiple qualification exclusions
- 918 Multiple qualification exclusions
PART 2.19----CARER ALLOWANCE
DIVISION 1--Interpretation- 952 Carer allowance definitions DIVISION 2--Qualification for and payability of carer allowance
- 953 Qualification for carer allowance--caring for either 1 or 2 disabled children
- 953A Remaining qualified for carer allowance after child turns 16
- 954 Qualification for carer allowance--caring for a disabled adult in a private home of both the adult and the carer
- 954A Qualification for carer allowance--caring for a disabled adult in a private home not shared by the adult and carer
- 954B Qualification for carer allowance--receiving carer payment for caring for child or children
- 955 Qualification for carer allowance--hospitalisation
- 956 Absence from Australia
- 957 Effect of cessation of care etc. on carer allowance
- 957A Carer allowance income test
- 957B Adjusted taxable income
- 957C Accepted estimates
- 957D Income from long-term financial assets
- 958 Carer allowance not payable if allowance rate nil
- 964 Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made
- 965 Carer allowance not payable to more than one member of a couple
- 966 Newly arrived resident's waiting period
- 967 Duration of newly arrived resident's waiting period DIVISION 5--Rate of carer allowance
- 974 Rate of carer allowance DIVISION 6--Multiple qualification for carer allowance for same care receiver or receivers
- 981 Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers DIVISION 10--Bereavement payments (death of disabled child or adult)
- 992J Continued carer allowance during bereavement rate continuation period where disabled child dies
- 992K Lump sum payable in some circumstances
- 992L Continuation of qualification for carer allowance for 4 weeks in some cases where recipient's disabled child dies
- 992LA Continued carer allowance during bereavement rate continuation period where disabled adult dies
- 992LB Lump sum payable in some circumstances
- 992M Death of recipient
PART 2.19AA----CHILD DISABILITY ASSISTANCE
- 992MA Child disability assistance definitions
- 992MB Qualification for child disability assistance
- 992MC Eligible care receivers
- 992MD Amount of child disability assistance
PART 2.19A----ONE-OFF PAYMENTS TO CARERS ELIGIBLE FOR CARER ALLOWANCE
DIVISION 1--One-off payment to carers eligible for carer allowance- 992N One-off payment to carers (carer allowance related)
- 992O In respect of what care receivers is the payment payable?
- 992P What is the amount of the payment? DIVISION 2--2005 one-off payment to carers eligible for carer allowance
- 992Q 2005 one-off payment to carers (carer allowance related)
- 992R In respect of what care receivers is the payment payable?
- 992S What is the amount of the payment? DIVISION 3--2006 one-off payment to carers eligible for carer allowance
- 992T 2006 one-off payment to carers (carer allowance related)
- 992U In respect of which care receivers is the payment payable?
- 992V Amount of the one-off payment DIVISION 4--2007 one-off payment to carers eligible for carer allowance
- 992WA 2007 one-off payment to carers (carer allowance related)
- 992WB Eligible care receivers
- 992WC Amount of the one-off payment DIVISION 5--2008 one-off payment to carers eligible for carer allowance
- 992WD 2008 one-off payment to carers (carer allowance related)
- 992WE Eligible care receivers
- 992WF Amount of the one-off payment
PART 2.19B----CARER SUPPLEMENT
PART 2.20----DOUBLE ORPHAN PENSION
DIVISION 1--DOP child status- 993 Double orphan--not refugee
- 994 Double orphan--refugee
- 995 Refugee child
- 996 Long-term prisoner
- 997 Patient on a long-term basis
- 998 Person uncontactable DIVISION 2--Qualification for and payability of double orphan pension
- 999 Qualification for double orphan pension
- 1003 Double orphan pension not payable for child receiving a pension under the Veterans' Entitlements Act DIVISION 5--Rate of double orphan pension
- 1010 Rate of double orphan pension DIVISION 10--Bereavement payments (death of DOP child)
- 1033 Continued double orphan pension during bereavement rate continuation period where DOP child dies
- 1034 Lump sum payable in some circumstances
- 1034AA Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient's DOP child dies
- 1034A Death of recipient
PART 2.21----MOBILITY ALLOWANCE
DIVISION 1--Qualification for and payability of mobility allowance- 1035 Qualification for mobility allowance (rate specified in subsection 1044(1))
- 1035A Qualification for mobility allowance (rate specified in subsection 1044(1A))
- 1036 Mobility allowance not payable at 2 rates
- 1037 Mobility allowance not payable where person receiving motor vehicle assistance
- 1038 Mobility allowance not payable when person is NDIS participant
- 1039AA Newly arrived resident's waiting period
- 1039AB Duration of newly arrived resident's waiting period DIVISION 2--Rate of mobility allowance
- 1044 Rate of mobility allowance
- 1044A Reduction of the advance payment period DIVISION 3--Mobility allowance advance
- 1045 Qualification for mobility advance DIVISION 4--Continuation
- 1046 Continuation of mobility allowance when person ceases to be qualified
PART 2.21A----LANGUAGE, LITERACY AND NUMERACY SUPPLEMENT
DIVISION 1--Preliminary- 1047 Definition DIVISION 2--Qualification for language, literacy and numeracy supplement
- 1048 General statement of qualification DIVISION 3--Circumstances where language, literacy and numeracy supplement not payable
- 1049 Language, literacy and numeracy supplement not payable in certain circumstances DIVISION 4--Rate increase relating to language, literacy and numeracy supplement
- 1050 Rate increase attributable to language, literacy and numeracy supplement
PART 2.22----ADVANCE PAYMENTS OF SOCIAL SECURITY ENTITLEMENTS
DIVISION 1--Qualification for advance payment- 1061A Qualification for advance payment DIVISION 2--Applying for advance payment
- 1061B Application
- 1061C Form of application
- 1061D Lodgment of application
- 1061E Application may be withdrawn DIVISION 3--Determination of application and payment of advance payment
- 1061EA Secretary to determine application
- 1061EB Payment of advance payment DIVISION 4--Amount of advance payment
- 1061ECA Amount of advance payment--age and disability support pensions and carer payment
- 1061ED Amount of advance payment--pension PP (single)
- 1061EE Amount of advance payment--certain other social security payments DIVISION 5--Payment of advance payment
- 1061EI Advance payment to be paid to person or nominee
- 1061EJ Payment into bank account etc. DIVISION 6--Protection of advance payment
- 1061EK Advance payment to be absolutely inalienable DIVISION 7--Repayment of advance payment
- 1061EL Repayment of advance payment
PART 2.22A----SPECIAL EMPLOYMENT ADVANCES
DIVISION 1--Qualification for special employment advance- 1061EM Qualification for special employment advance
- 1061EN Meaning of
- 1061EO Person not qualified in certain circumstances DIVISION 4--Amount of special employment advance
- 1061EW Where claim based on effect of unreceived income on special employment advance qualifying entitlement
- 1061EX Where claim based on claimant's need for financial assistance to take up offered employment DIVISION 7--Repayment of special employment advance
- 1061EZC Repayment of special employment advance
PART 2.23----ADVANCE PHARMACEUTICAL ALLOWANCE
DIVISION 1--Qualification for and payability of advance pharmaceutical allowance- 1061F Qualification for advance pharmaceutical allowance
- 1061G Advance pharmaceutical allowance not payable in some circumstances DIVISION 3--Amount of advance pharmaceutical allowance
- 1061JC Amount of advance pharmaceutical allowance
- 1061JD Annual limit
PART 2.23A----CRISIS PAYMENT
DIVISION 1--Qualification for crisis payment- 1061JG Qualification--release from gaol or psychiatric confinement
- 1061JH Qualification--extreme circumstances forcing departure from home
- 1061JHA Qualification--remaining in home after removal of family member due to domestic or family violence
- 1061JI Qualification--humanitarian entrant to Australia
- 1061JIA Qualification--national health emergency
- 1061JJ Crisis payment not payable in addition to disaster relief payment
- 1061JK Crisis payment not payable if assurance of support in force
- 1061JL Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme DIVISION 4--Amount of crisis payment
- 1061JU Amount of payment
PART 2.23B----DISASTER RECOVERY ALLOWANCE
DIVISION 1--Qualification for Disaster Recovery Allowance- 1061KA Qualification for Disaster Recovery Allowance
- 1061KB Disaster Recovery Allowance not payable if assurance of support in force DIVISION 2--Rate of Disaster Recovery Allowance
- 1061KC Rate of Disaster Recovery Allowance DIVISION 3--Other matters
- 1061KD Period that Disaster Recovery Allowance is payable
- 1061KE Non-receipt of social security payment
PART 2.24----AUSTRALIAN GOVERNMENT DISASTER RECOVERY PAYMENT
DIVISION 1--Qualification for Australian Government Disaster Recovery Payment- 1061K Qualification for Australian Government Disaster Recovery Payment
- 1061L Meaning of DIVISION 2--Amount of Australian Government Disaster Recovery Payment
- 1061M Amount of payment for disasters in Australia
- 1061N Amount of payment for disasters outside Australia
- 1061P Determinations of rates DIVISION 3--Recoverable payments etc.
- 1061PAAA Recoverable payments
- 1061PAAB Recoverable death payments
- 1061PAAC Reports about recoverable payments and recoverable death payments
- 1061PAAD Review of decisions
- 1061PAAE Department official
PART 2.24AA----AUSTRALIAN VICTIM OF TERRORISM OVERSEAS PAYMENT
DIVISION 1--Qualification for Australian Victim of Terrorism Overseas Payment- 1061PAA Qualification for Australian Victim of Terrorism Overseas Payment
- 1061PAB Whether a person can be qualified for more than one AVTOP in relation to the same terrorist act DIVISION 2--Payability of Australian Victim of Terrorism Overseas Payment to secondary victims
- 1061PAC When AVTOP for secondary victims is not payable DIVISION 3--Amount of Australian Victim of Terrorism Overseas Payment
- 1061PAD Amount of AVTOP for a primary victim
- 1061PAE Amount of AVTOP for a secondary victim
- 1061PAF AVTOP Principles DIVISION 4--Other
- 1061PAG Consultation on the AVTOP Principles
- 1061PAH AVTOP is not compensation or damages
PART 2.24A----PENSIONER EDUCATION SUPPLEMENT
DIVISION 1--Qualification for pensioner education supplement- 1061PA Qualification for pensioner education supplement
- 1061PB Undertaking qualifying study
- 1061PC Approved course of education or study
- 1061PD Full-time students
- 1061PE Concessional study-load students
- 1061PF Normal amount of full-time study
- 1061PG First fortnight of classes
- 1061PH Progress rules--secondary students
- 1061PI Progress rules--tertiary students
- 1061PJ Payments attracting pensioner education supplement
- 1061PK Pensioner education supplement age
- 1061PL When a person is regarded as independent
- 1061PM Residency requirements
- 1061PN Absence of persons overseas DIVISION 2--Situations in which pensioner education supplement is not payable
- 1061PT Pensioner education supplement not payable during newly arrived resident's waiting period
- 1061PU Newly arrived resident's waiting period
- 1061PV Length of newly arrived resident's waiting period
- 1061PW Meaning of multiple entitlement exclusion
- 1061PX Multiple entitlement exclusion DIVISION 5--Rate of pensioner education supplement
- 1061PZG Rate of pensioner education supplement
PART 2.25----TELEPHONE ALLOWANCE
DIVISION 1--Qualification for and payability of telephone allowance- 1061Q Qualification for telephone allowance
- 1061R Telephone allowance not payable in some circumstances DIVISION 2--Rate of telephone allowance
- 1061S Standard rate of telephone allowance
- 1061SA Increased rate of telephone allowance
- 1061SB Increased rate of telephone allowance for home internet
PART 2.25A----UTILITIES ALLOWANCE
DIVISION 1--Qualification for and payability of utilities allowance- 1061T Qualification for utilities allowance
- 1061TA When utilities allowance is payable DIVISION 2--Rate of utilities allowance
- 1061TB Rate of utilities allowance
PART 2.25B----ENERGY SUPPLEMENT
DIVISION 1--Qualification and payability- 1061U Qualification for energy supplement
- 1061UA When energy supplement is payable DIVISION 2--Rate of energy supplement
- 1061UB Rate of energy supplement
PART 2.25C----QUARTERLY PENSION SUPPLEMENT
- 1061V When this Part applies
- 1061VA Quarterly pension supplement
- 1061VB Rate of quarterly pension supplement
PART 2.26----FARES ALLOWANCE
DIVISION 1--Qualification for fares allowance- 1061ZAAA Qualification for fares allowance
- 1061ZAAB Journey by person who is not an external student
- 1061ZAAC Journey by person who is an external student DIVISION 3--Amount of fares allowance
- 1061ZAAJ Fares allowance for public transport
- 1061ZAAK Fares allowance for private transport
CHAPTER 2A--Benefits and concessions other than payments
PART 2A.1----CONCESSION CARDS
DIVISION 1--Qualification for, and issue of, pensioner concession card- 1061ZA General qualification rules
- 1061ZC Extended qualification rule: long-term recipient of social security benefits
- 1061ZCA Extended qualification rule: former recipient of age pension and partner
- 1061ZD Extended qualification rule: former recipient of disability support pension and partner
- 1061ZDA Extended qualification rule: former recipient of pension PP (single)
- 1061ZDB Extended qualification rule: partner of former recipient of veterans' entitlement
- 1061ZEA Further extended qualification rule: loss of payment because of employment income
- 1061ZEB Extended qualification rule: persons with a partial capacity to work
- 1061ZEC Effect of compliance penalty periods
- 1061ZF Issue of pensioner concession card DIVISION 2--Qualification for seniors health card
- 1061ZG Qualification rules
- 1061ZH Newly arrived resident's waiting period
- 1061ZI Duration of newly arrived resident's waiting period
- 1061ZJ Giving of copy of assessment of taxable income to Secretary
- 1061ZJA Modifications if person's rate of social security pension is nil on 1 January 2017
- 1061ZJB Other modifications because of Veterans' Entitlements Act DIVISION 3--Qualification for health care card
- 1061ZK Qualification: general rules
- 1061ZM Qualification for health care card: employment-affected person
- 1061ZMA Further extended qualification rule: loss of payment because of employment income
- 1061ZN Residence requirement
- 1061ZNA Effect of compliance penalty periods
- 1061ZO Qualification
- 1061ZP Person subject to newly arrived resident's waiting period
- 1061ZQ Newly arrived resident's waiting period
- 1061ZR Duration of newly arrived resident's waiting period
- 1061ZS Issue of health care cards
- 1061ZT Certain dependants not qualified for health care card DIVISION 4--Non-cancellation of concession cards for temporary overseas absences
- 1061ZUA Persons to whom Division applies
- 1061ZUB Non-cancellation of concession cards for temporary overseas absences
- 1061ZUC Extension cards
CHAPTER 2AA--Student start-up loans
PART 2AA.1----INTRODUCTION
- 1061ZVAA Simplified outline of this Chapter
PART 2AA.2----QUALIFICATION FOR AND AMOUNT OF STUDENT START-UP LOAN
- 1061ZVBA Simplified outline of this Part
- 1061ZVBB Qualification for student start-up loan
- 1061ZVBC Circumstances in which person is not qualified for student start-up loan
- 1061ZVBD Amount of student start-up loan
PART 2AA.3----INDEBTEDNESS
DIVISION 1--Introduction- 1061ZVCA Simplified outline of this Part DIVISION 2--Incurring SSL debts
- 1061ZVDA SSL debts
- 1061ZVDB SSL debt discharged by death
- 1061ZVDC Notice to Commissioner DIVISION 3--Working out accumulated SSL debts
- 1061ZVEA Simplified outline of this Division
- 1061ZVEB Stage 1--working out a former accumulated SSL debt
- 1061ZVEC Stage 2--working out an accumulated SSL debt
- 1061ZVED Rounding of amounts
- 1061ZVEE Accumulated SSL debt discharges earlier debts
- 1061ZVEF Accumulated SSL debt discharged by death
PART 2AA.4----DISCHARGE OF INDEBTEDNESS
DIVISION 1--Introduction- 1061ZVFA Simplified outline of this Part
- 1061ZVFB Debts under this Chapter DIVISION 2--Voluntary discharge of indebtedness
- 1061ZVGA Voluntary SSL repayments in respect of debts
- 1061ZVGB Application of voluntary SSL repayments
- 1061ZVGC Refunding of payments DIVISION 3--Compulsory discharge of indebtedness
- 1061ZVHA Liability to repay amounts
- 1061ZVHB Repayable SSL debt for an income year
- 1061ZVHC Commissioner may make assessments
- 1061ZVHD Notification of notices of assessment of tax
- 1061ZVHE Commissioner may defer making assessments
- 1061ZVHF Commissioner may amend assessments
PART 2AA.5----TAX ADMINISTRATION MATTERS
- 1061ZVJA Simplified outline of this Part
- 1061ZVJB Verification of tax file numbers
- 1061ZVJC When person with tax file number incorrectly notifies number
- 1061ZVJD When person without tax file number incorrectly notifies number
- 1061ZVJE When tax file numbers are altered
- 1061ZVJF When tax file numbers are cancelled
- 1061ZVJG Returns, assessments, collection and recovery
- 1061ZVJH Charges and civil penalties for failing to meet obligations
- 1061ZVJJ Pay as you go (PAYG) withholding
- 1061ZVJK Pay as you go (PAYG) instalments
- 1061ZVJL Administration of this Chapter
CHAPTER 2B--Student Financial Supplement Scheme
PART 2B.1----ESTABLISHMENT OF SCHEME
DIVISION 1--Preliminary- 1061ZW Object of this Chapter
- 1061ZX Outline of the scheme DIVISION 2--Eligibility to obtain financial supplement
- 1061ZY Eligibility to obtain financial supplement
- 1061ZZ Category 1 student
- 1061ZZA Category 2 student
- 1061ZZAA Failure by person to comply with request to provide person's tax file number
- 1061ZZAB Failure by person to comply with request to provide the tax file number of a parent of the person DIVISION 3--Decision and notice about eligibility to obtain financial supplement
- 1061ZZAC Secretary's decision
- 1061ZZAD Revocation or variation of decision after review
- 1061ZZAE Transitional DIVISION 4--Agreements between Commonwealth and financial corporations
- 1061ZZAF Applications for financial supplement
- 1061ZZAG Agreements DIVISION 5--Application for financial supplement
- 1061ZZAH When to apply
- 1061ZZAI How to apply
- 1061ZZAJ Changing an application DIVISION 6--Amount of financial supplement
- 1061ZZAK Maximum amount of financial supplement
- 1061ZZAL Change in eligibility period
- 1061ZZAM Eligibility period (short course)
- 1061ZZAN Eligibility period (no short course)
- 1061ZZAO Maximum amount of financial supplement
- 1061ZZAP Minimum amount of financial supplement
- 1061ZZAQ Person doing more than one course DIVISION 7--Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement
- 1061ZZAR Purpose of Division
- 1061ZZAS Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement DIVISION 8--Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education supplement
- 1061ZZAT Purpose of Division
- 1061ZZAU Election to repay youth allowance, austudy payment or pensioner education supplement
- 1061ZZAV Timing of repayment
- 1061ZZAW Effect of repayment DIVISION 9--Financial supplement contracts
- 1061ZZAX Making a contract between person and participating corporation
- 1061ZZAY Existing contracts
- 1061ZZAZ Liability for money paid under a financial supplement contract
- 1061ZZBA Validity of financial supplement contract
- 1061ZZBB Person has right to cancel financial supplement contract
- 1061ZZBC How to cancel financial supplement contract
- 1061ZZBD When to cancel financial supplement contract
- 1061ZZBE Payments made during cooling off period
- 1061ZZBF Person may waive right to cancel contract
- 1061ZZBG How to waive right to cancel contract
- 1061ZZBH When to waive right to cancel contract
- 1061ZZBI Financial supplement contract exempt from certain laws and taxes DIVISION 10--Payment of financial supplement
- 1061ZZBJ Payment by instalments
- 1061ZZBK Rounding off
- 1061ZZBL To whom instalments must be paid
- 1061ZZBM Payment into bank account DIVISION 11--Protection of financial supplement
- 1061ZZBN Financial supplement to be absolutely inalienable
- 1061ZZBO Effect of garnishee or attachment order DIVISION 12--Obligations of category 2 students
- 1061ZZBP Secretary may request person obtaining financial supplement to give statement of person's tax file number
- 1061ZZBQ Secretary may request person obtaining financial supplement to give statement of parent's tax file number
- 1061ZZBR Secretary may give notice requiring information
- 1061ZZBS Event or change relevant to payment
- 1061ZZBT Formalities related to notice
- 1061ZZBU Validity of notice
- 1061ZZBV Period within which information to be given
- 1061ZZBW Refusal or failure to comply with notice
- 1061ZZBX Application overseas
- 1061ZZBY Secretary may give notice requiring statement on matter
- 1061ZZBZ Formalities related to notice
- 1061ZZCA Validity of notice
- 1061ZZCB Period within which statement to be given
- 1061ZZCC Statement must be in approved form
- 1061ZZCD Refusal or failure to comply with notice
- 1061ZZCE Application overseas DIVISION 13--Early repayments of financial supplement
- 1061ZZCF Application of Subdivision
- 1061ZZCG Calculation of amount outstanding under financial supplement contract before 1 June in the year after the year in which the contract was made
- 1061ZZCH Calculation of amount outstanding under financial supplement contract at a later time
- 1061ZZCI Notification of amount outstanding
- 1061ZZCJ Person not required to, but may, make repayments during contract period
- 1061ZZCK What happens if person makes an excess repayment
- 1061ZZCL Amount repaid not to include certain amounts
- 1061ZZCM How to work out discount
- 1061ZZCN Effect of making a repayment during contract period
- 1061ZZCO Rights and liabilities of participating corporation if repayment made
- 1061ZZCP Corporation's rights at end of contract period
- 1061ZZCQ Termination notice
- 1061ZZCR Secretary may give notice correcting information in previous notice
- 1061ZZCS Person may request notice to be corrected
- 1061ZZCT Effect of notices and requests
PART 2B.2----PAYMENTS OF FINANCIAL SUPPLEMENT UNDER SCHEME TO STOP IN CERTAIN CIRCUMSTANCES
DIVISION 1--Payments to stop at request of recipient- 1061ZZCU Person may ask for payment to stop
- 1061ZZCV Effect of notice DIVISION 2--Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount
- 1061ZZCW Secretary must give notice to person and corporation
- 1061ZZCX Effect of notice
- 1061ZZCY This Subdivision is subject to sections 1061ZZFS and 1061ZZFT
- 1061ZZCZ Secretary may give notice to person and corporation
- 1061ZZDA Effect of notice
- 1061ZZDB Transfer of corporation's rights to Commonwealth
- 1061ZZDC Apportionment of financial supplement
- 1061ZZDD Liability of Commonwealth to corporation
- 1061ZZDE Liability of person to Commonwealth
- 1061ZZDF This Subdivision not to affect Subdivision A
- 1061ZZDG Secretary may give notice to person and corporation
- 1061ZZDH Effect of notice
- 1061ZZDI Transfer of corporation's rights to Commonwealth
- 1061ZZDJ Apportionment of financial supplement
- 1061ZZDK Liability of Commonwealth to corporation
- 1061ZZDL Liability of person to Commonwealth
- 1061ZZDM This Subdivision not to affect Subdivision A DIVISION 3--Payments to stop if person ceases to be eligible to obtain financial supplement
- 1061ZZDN Secretary must give notice to person and corporation
- 1061ZZDO Effect of notice
- 1061ZZDP This Subdivision is subject to sections 1061ZZFS and 1061ZZFT
- 1061ZZDQ Secretary may give notice to person and corporation
- 1061ZZDR Effect of notice
- 1061ZZDS Transfer of corporation's rights to Commonwealth
- 1061ZZDT Apportionment of financial supplement
- 1061ZZDU Liability of Commonwealth to corporation
- 1061ZZDV Liability of person to Commonwealth
- 1061ZZDW This Subdivision not to affect Subdivision A DIVISION 4--Payments to stop if person is found never to have been eligible to obtain financial supplement
- 1061ZZDX Secretary must give notice to person and corporation
- 1061ZZDY Effect of notice
- 1061ZZDZ This Subdivision is subject to sections 1061ZZFS and 1061ZZFT
- 1061ZZEA Secretary may give notice to person and corporation
- 1061ZZEB Effect of notice
- 1061ZZEC Transfer of corporation's rights to Commonwealth
- 1061ZZED Liability of Commonwealth to corporation
- 1061ZZEE Liability of person
- 1061ZZEF Definitions
- 1061ZZEG This Subdivision not to affect Subdivision A DIVISION 5--Payments to stop if person dies
- 1061ZZEH Secretary may give notice to corporation if other party to contract dies
- 1061ZZEI Effect of notice
- 1061ZZEJ Discharge of corporation's liability
- 1061ZZEK Transfer of corporation's rights to Commonwealth
- 1061ZZEL Liability of Commonwealth to corporation
- 1061ZZEM Discharge of person's liability
PART 2B.3----REPAYMENT OF FINANCIAL SUPPLEMENT THROUGH TAXATION SYSTEM AFTER TERMINATION DATE
DIVISION 1--Purpose and application of Part- 1061ZZEN Purpose and application of Part
- 1061ZZENA Extent of Commissioner of Taxation's general administration of this Part DIVISION 2--FS debt and accumulated FS debt
- 1061ZZEO FS debt owed by person
- 1061ZZEP How to work out FS debt
- 1061ZZEQ Accumulated FS debt incurred by person
- 1061ZZER How to work out accumulated FS debt
- 1061ZZES Adjusted accumulated FS debt
- 1061ZZET Indexation factor
- 1061ZZEU Accumulated FS debt discharges earlier debts DIVISION 3--Information to be given to Commissioner of Taxation
- 1061ZZEV Secretary to give notice to Commissioner of Taxation
- 1061ZZEW Secretary to give further notice to Commissioner of Taxation
- 1061ZZEX Secretary to give certificate to Commissioner of Taxation DIVISION 4--Voluntary repayments of FS debts
- 1061ZZEY Voluntary repayments of FS debts
- 1061ZZEYA Refunding of payments DIVISION 5--Compulsory repayments in respect of accumulated FS debt
- 1061ZZEZ Compulsory payments in respect of accumulated FS debt
- 1061ZZFA Repayment income
- 1061ZZFB Minimum repayment income
- 1061ZZFC Repayable debt for an income year
- 1061ZZFD Amounts payable to the Commonwealth DIVISION 6--Application of tax legislation
- 1061ZZFG Application of tax legislation
- 1061ZZFGA Charges and administrative penalties for failing to meet obligations
- 1061ZZFGB Pay as you go (PAYG) withholding
- 1061ZZFGD Pay as you go (PAYG) instalments DIVISION 7--Assessments
- 1061ZZFH Commissioner of Taxation may make assessment
- 1061ZZFI Notice of assessment may be served DIVISION 8--Commissioner of Taxation may delay assessment
- 1061ZZFJ Commissioner of Taxation may delay assessment
- 1061ZZFK Commissioner of Taxation may amend assessment
- 1061ZZFL When Commissioner of Taxation must make decision to delay or amend assessment DIVISION 9--Review of Commissioner of Taxation's decision
- 1061ZZFM Application to Administrative Appeals Tribunal DIVISION 10--Treatment of payments under financial supplement scheme
- 1061ZZFN Payments not subject to taxation
- 1061ZZFO Application of payments
- 1061ZZFP Debt discharged by death
PART 2B.4----MISCELLANEOUS
DIVISION 1--Application of the Bankruptcy Act 1966- 1061ZZFQ Application of Division
- 1061ZZFR Treatment of debt DIVISION 2--Review of decisions
- 1061ZZFS What happens if a decision of the Secretary is set aside
- 1061ZZFT What happens if a decision of the Secretary is varied DIVISION 3--Transfer of rights under this Chapter
- 1061ZZFU Notices of transfer
- 1061ZZFV Transfers not subject to State or Territory taxes
CHAPTER 2C--Assurances of support
PART 2C.1----GIVING ASSURANCES
- 1061ZZGA What is an assurance of support?
- 1061ZZGB Who may give an assurance of support?
- 1061ZZGC How to give an assurance of support
PART 2C.2----ACCEPTANCE OF ASSURANCES
- 1061ZZGD Accepting or rejecting an assurance of support
- 1061ZZGE Notices relating to an assurance of support
PART 2C.3----EFFECT OF ACCEPTED ASSURANCES
- 1061ZZGEA Assurance cannot be withdrawn once visa issued
- 1061ZZGF When an accepted assurance is in force
- 1061ZZGG Liability to pay for social security payments
PART 2C.4----DETERMINATIONS
- 1061ZZGH Determinations
PART 2C.5----ASSURANCES BY UNINCORPORATED BODIES
- 1061ZZGI Application of social security law to unincorporated bodies
CHAPTER 2D--Arrangements and grants relating to assisting persons to obtain and maintain paid work
- 1062 Simplified outline of this Chapter
- 1062A Arrangements and grants relating to assisting persons to obtain and maintain paid work
- 1062B Constitutional limits
- 1062C Executive power of the Commonwealth
- 1062D Inclusion of information in annual report
- 1062DA Application of Administration Act
CHAPTER 3--General provisions relating to payability and rates
PART 3.1----RATE CALCULATORS (GENERAL)
PART 3.2----PENSION RATE CALCULATOR A
- 1064 Rate of age and disability support pensions and carer payment (people who are not blind) -- MODULE A--Overall rate calculation process MODULE B--Maximum basic rate MODULE BA--Pension supplement MODULE C--Energy supplement MODULE E--Ordinary income test MODULE F--Ordinary income for the purposes of disability support pension MODULE G--Assets test MODULE H--Remote area allowance
PART 3.3----PENSION RATE CALCULATOR B
- 1065 Rate of age and disability support pension (blind people) -- MODULE A--Overall rate calculation process MODULE B--Maximum basic rate MODULE BA--Pension supplement MODULE C--Energy supplement MODULE E--Remote area allowance
PART 3.4A----PENSION RATE CALCULATOR D
- 1066A Rate of disability support pension (people under 21 who are not blind) -- MODULE A--Overall rate calculation process MODULE B--Maximum basic rate MODULE BA--Energy supplement MODULE C--Youth disability supplement MODULE D--Pharmaceutical allowance MODULE F--Ordinary income test MODULE G--Payments taken to be ordinary income MODULE H--Assets test MODULE I--Remote area allowance
PART 3.4B----PENSION RATE CALCULATOR E
- 1066B Rate of disability support pension (people under 21 who are blind) -- MODULE A--Overall rate calculation process MODULE B--Maximum basic rate MODULE BA--Energy supplement MODULE C--Youth disability supplement MODULE D--Pharmaceutical allowance MODULE F--Remote area allowance
PART 3.5----YOUTH ALLOWANCE RATE CALCULATOR
- 1067 Definitions
- 1067A When a person is regarded as independent
- 1067B Accommodated independent person
- 1067C Member of a YA couple
- 1067D Person required to live away from home
- 1067E Person living at home
- 1067F Long term income support student
- 1067G Rate of youth allowance -- MODULE A--Overall rate calculation process MODULE B--Maximum basic rate MODULE BA--Energy supplement MODULE C--Pharmaceutical allowance MODULE D--Youth disability supplement MODULE E--Person's reduction for parental income MODULE F--Parental income test MODULE GA--Maintenance income test MODULE H--Income test MODULE J--Student income bank MODULE K--Remote area allowance MODULE L--Table of pensions, benefits, allowances and compensation
PART 3.5A----AUSTUDY PAYMENT RATE CALCULATOR
- 1067H Definitions
- 1067J Person living at home
- 1067K Long term income support student
- 1067L Rate of austudy payment -- MODULE A--Overall rate calculation process MODULE B--Maximum basic rate MODULE BA--Pension supplement MODULE BB--Energy supplement MODULE C--Pharmaceutical allowance MODULE D--Income test MODULE E--Student income bank MODULE F--Remote area allowance
CHAPTER 3--General provisions relating to payability and rates
PART 3.6----BENEFIT RATE CALCULATOR B
- 1068 Rate of jobseeker payment -- MODULE A--Overall rate calculation process MODULE B--Maximum basic rate MODULE BA--Pension supplement MODULE C--Energy supplement MODULE D--Pharmaceutical allowance MODULE G--Income test MODULE J--Remote area allowance
PART 3.6A----PARENTING PAYMENT RATE CALCULATOR
- 1068A Rate of parenting payment--pension PP (single) -- MODULE A--Overall rate calculation process MODULE B--Maximum basic rate MODULE BA--Pension supplement MODULE BB--Energy supplement MODULE C--Pharmaceutical allowance MODULE E--Ordinary income test MODULE F--Remote area allowance
- 1068B Rate of parenting payment--PP (partnered) -- MODULE A--Overall rate calculation process MODULE C--Maximum basic rate MODULE D--Income test MODULE DA--Pension supplement MODULE DB--Energy supplement MODULE E--Pharmaceutical allowance MODULE G--Remote area allowance
PART 3.7----RENT ASSISTANCE
DIVISION 1--Operation of this Part- 1070 When this Part applies
- 1070A Effect of this Part DIVISION 2--Qualification for rent assistance
- 1070B Qualification--general rule
- 1070C Common requirements (about aged care residence, home ownership and rent)
- 1070D Specific requirement (carer payments and certain age and disability support pensions)
- 1070E Specific requirement (certain parenting payments)
- 1070F Specific requirement (certain disability support pensions)
- 1070G Specific requirement (youth allowance)
- 1070H Specific requirement (austudy payment and jobseeker payment)
- 1070J Specific requirement (certain parenting payments) DIVISION 3--Rate of rent assistance
- 1070K Rate depends on social security payment and family situation
- 1070L Rate for carer payments and certain age and disability support pensions
- 1070M Rate for certain parenting payments
- 1070N Rate for disability support pension (person aged under 18)
- 1070P Rate for disability support pension (person aged between 18 and 21)
- 1070Q Rate for youth allowance, austudy payment and jobseeker payment
- 1070R Rate for certain parenting payments DIVISION 4--Certain concepts used in this Part
- 1070S Division has effect for purposes of Part
- 1070T Rent threshold amount
- 1070U Fortnightly rent
- 1070V Rent paid by a member of certain couples
- 1070W Partner with a rent increased pension
- 1070X Partner with a rent increased benefit
PART 3.9----SENIORS HEALTH CARD INCOME TEST CALCULATOR
- 1071 Seniors Health Card Income Test Calculator --
PART 3.9A----HEALTH CARE CARD INCOME TEST CALCULATOR
PART 3.10----GENERAL PROVISIONS RELATING TO THE ORDINARY INCOME TEST
DIVISION 1--Ordinary income concept and treatment of certain income amounts- 1072 General meaning of ordinary income
- 1072A Treatment of certain lump sum payments
- 1073 Certain amounts taken to be received over 12 months DIVISION 1AAA--Work bonus
- 1073AA Work bonus
- 1073AAA Meaning of
- 1073AB Unused concession balance DIVISION 1AA--Employment income attribution rules
- 1073A Attribution of employment income paid in respect of a particular period or periods
- 1073B Attribution of employment income paid monthly
- 1073BA Attribution of employment income paid not in respect of a particular period
- 1073BB Anti-avoidance
- 1073BC Exclusion of certain payments
- 1073BD Daily attribution of employment income for amounts not elsewhere covered in this Division
- 1073C Fortnightly or yearly expression of attributed employment income DIVISION 1AB--Working credit accrual and depletion rules and their consequences
- 1073D To whom do working credit accrual and depletion rules apply?
- 1073E Opening balance
- 1073F Working out accruals and depletions of working credit for social security beneficiaries
- 1073G Working out the effect of a working credit depletion on the fortnightly rate of ordinary income for a social security beneficiary
- 1073H Working out accruals and depletions of working credit for social security pensioners
- 1073I Working out the effect of a working credit depletion on the yearly rate of ordinary income for a social security pensioner
- 1073J Working credit balance prevents loss of qualification in certain cases DIVISION 1A--Business income
- 1074 Ordinary income from a business--treatment of trading stock
- 1075 Permissible reductions of business income DIVISION 1B--Income from financial assets (including income streams (short term) and certain income streams (long term))
- 1076 Deemed income from financial assets--persons other than members of couples
- 1077 Deemed income from financial assets--members of pensioner couples
- 1078 Deemed income from financial assets--members of non-pensioner couples
- 1081 Deeming threshold
- 1082 Below threshold rate, above threshold rate
- 1083 Actual return on financial assets not treated as ordinary income
- 1084 Certain money and financial investments not taken into account
- 1084A Valuation and revaluation of certain financial investments DIVISION 1C--Income from income streams not covered by Division 1B
- 1097A Scope of Subdivision
- 1098 Income from asset-test exempt income stream
- 1099 Income--income stream not a defined benefit income stream
- 1099A Income--income stream is a defined benefit income stream
- 1099AA Income from market-linked asset-test exempt income stream
- 1099B Income from asset-tested income stream (long term)
- 1099C Income--asset-tested income stream (long term) that is not a defined benefit income stream
- 1099D Income--asset-tested income stream (long term) that is a defined benefit income stream
- 1099DAA Income from certain low-payment asset-tested income streams
- 1099DAB Income--asset-tested income stream (lifetime)
- 1099DA Scope of Subdivision
- 1099DB Income from asset-test exempt income streams
- 1099DC Income from asset-tested income stream (long term)
- 1099DCA Income from asset-tested income stream (lifetime)
- 1099DD Decision-making principles DIVISION 1D--Aged care accommodation bonds: certain transactions before 6 November 1997
- 1099E Scope of Division
- 1099F Exempt bond amount does not count as income
- 1099G Person's ordinary income reduced using financial asset rules
- 1099H Meaning of DIVISION 1E--Refunds to charge exempt residents
- 1099J Scope of Division
- 1099K Refunded amount does not count as income
- 1099L Person's ordinary income reduced using financial asset rules
- 1099M Application of Division DIVISION 2--Conversion of foreign currency amounts
- 1100 How value of a payment received in a foreign currency is to be determined
- 1100A Determining value of a payment originally denominated in a foreign currency but made in Australian currency DIVISION 3--Disposal of ordinary income
- 1106 Disposal of ordinary income
- 1107 Amount of disposition
- 1108 Disposal of ordinary income--individuals
- 1109 Disposal of ordinary income--members of couples
- 1111 Dispositions more than 5 years old to be disregarded
PART 3.12----GENERAL PROVISIONS RELATING TO THE ASSETS TEST
DIVISION 1--Value of person's assets- 1118 Certain assets to be disregarded in calculating the value of a person's assets
- 1118A Value of superannuation investments determined by Minister to be disregarded
- 1118AA Value of assets reduced by amounts received from Mark Fitzpatrick Trust
- 1118AB Value of person's assets reduced: certain transactions to do with aged care accommodation bonds
- 1118AC Value of person's assets reduced: refunds to charge exempt residents
- 1119 Value of asset-tested income streams that are not defined benefit income streams, asset-tested income streams (lifetime) or family law affected income streams
- 1120 Value of asset-tested income streams that are defined benefit income streams
- 1120AA Value of asset-tested income streams (lifetime) that are managed investments
- 1120AB Value of asset-tested income streams (lifetime) that are not managed investments
- 1120A Value of asset-tested FLA income streams
- 1120B Value of partially asset-test exempt income streams
- 1120C Value of superannuation reserves for superannuation funds of 4 members or less
- 1121 Effect of charge or encumbrance on value of assets
- 1121A Effect of certain liabilities on value of assets used in primary production
- 1121B Value of life policy
- 1122 Loans DIVISION 2--Disposal of assets
- 1123 Disposal of assets
- 1124 Amount of disposal or disposition
- 1124A Disposal of assets in pre-pension years--individuals
- 1125 Disposal of assets in pension years--individuals
- 1125A Disposal of assets in pre-pension years--members of couples
- 1126 Disposal of assets in pension years--members of couples
- 1126AA Disposal of assets in income year--individuals
- 1126AB Disposals of assets in 5 year period--individuals
- 1126AC Disposal of assets in income year--members of couples
- 1126AD Disposal of assets in 5 year period--members of couples
- 1126A Disposal of assets in pre-pension year--family members
- 1126B Disposal of assets in pension year--family members
- 1126C Disposal of assets in income year--family members
- 1126D Disposals of assets in 5 year period--family members
- 1126E Modification of this Division in respect of certain assets
- 1127 Disposition more than 5 years old to be disregarded
- 1127A Division does not apply for purposes of care receiver assets test DIVISION 3--Financial hardship
- 1129 Access to financial hardship rules--pensions
- 1130 Application of financial hardship rules--pensions
- 1130A Division does not apply for purposes of care receiver assets test
- 1130B Access to financial hardship rules--pension PP (single)
- 1130C Application of financial hardship rules--pension PP (single)
- 1131 Access to financial hardship rules--benefits
- 1132 Application of financial hardship rules--benefits DIVISION 4--Pension loans scheme
- 1133AA definitions
- 1133 Qualification for participation in pension loans scheme
- 1134 Effect of participation in pension loans scheme--pension rate
- 1134A Pension loans scheme advance payment
- 1135 Effect of participation in pension loans scheme--creation of debt
- 1135A Effect of participation in pension loans scheme--maximum loan available
- 1136 Need for a request to participate
- 1137 Need for a request to later nominate or change nominated amount or rate of pension
- 1137AA Need for a request for a pension loans scheme advance payment
- 1137A Non-receipt of social security pension or social security payment
- 1138 Existence of debt results in charge over real assets
- 1139 Debt not to be recovered until after death
- 1140 Enforcement of charge
- 1141 Person ceases to participate in pension loans scheme if debt exceeds maximum loan available
- 1141A Secretary may cease person's participation in pension loans scheme
- 1142 Person withdraws from pension loans scheme
- 1142A Repayment or recovery of debt after pension loans scheme ceases to operate
- 1143 Registration of charge
- 1144 Manner of enforcement of charge
- 1144AA No negative equity guarantee
- 1144A Division does not apply for purposes of care receiver assets test DIVISION 5--Provisions relating to special residences and special residents
- 1145A Application of Division to granny flat residents
- 1146 Basis for different treatment
- 1147 Entry contribution
- 1148 Extra allowable amount
- 1149 Renegotiation of retirement village agreement
- 1150 Residents who are not members of a couple
- 1151 Members of couples
- 1152 Members of illness separated couples (both in special residences)
- 1153 Members of illness separated couples (partner not in special residence and partner homeowner)
- 1154 Members of illness separated couples (partner not in special residence and partner not homeowner)
- 1155 Members of ordinary couple with different principal homes (both in special residences)
- 1156 Members of ordinary couple with different principal homes (partner not in special residence and partner homeowner)
- 1157 Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)
PART 3.12A----PROVISIONS FOR CARER ALLOWANCE AND SENIORS HEALTH CARD INCOME TEST
DIVISION 1--Purpose of this Part- 1157A Purpose of Part DIVISION 2--Benefits that may be assessable fringe benefits
- 1157B Benefits received in or outside Australia
- 1157C Car benefits
- 1157D Exempt car benefits
- 1157E School fees benefits
- 1157F Health insurance benefits
- 1157G Loan benefits
- 1157H Exempt loan benefit
- 1157I Housing benefits
- 1157J Exempt housing benefits--live-in residential care workers
- 1157JA Expense benefits
- 1157JB Exempt expense benefit
- 1157JC Financial investment benefit DIVISION 3--Value of car fringe benefits
- 1157K Method of valuing car fringe benefits
- 1157L Value of car fringe benefits
- 1157M Minister may determine alternative method of valuing car fringe benefits DIVISION 4--Value of school fees fringe benefits
- 1157N Value of school fees fringe benefits DIVISION 5--Value of health insurance fringe benefits
- 1157O Value of health insurance fringe benefits DIVISION 6--Value of loan fringe benefits
- 1157P Method of valuing loan fringe benefits
- 1157Q Value of loan fringe benefits
- 1157R Minister may determine alternative method of valuing loan fringe benefits DIVISION 7--Value of housing fringe benefits
- 1157S Methods of valuing housing fringe benefits--grants of housing rights
- 1157T Value of grants of housing rights--general
- 1157TA Value of grants of housing rights--employees of the Defence Force
- 1157TB Method of valuing housing fringe benefits--payments associated with loans
- 1157TC Value of payments associated with loans
- 1157TD Methods of valuing housing fringe benefits--payments associated with enjoying housing rights
- 1157TE Value of payments associated with enjoying housing rights--general
- 1157TF Value of payments associated with enjoying housing rights--employees of the Defence Force
- 1157U Minister may determine alternative method of valuing housing fringe benefits DIVISION 8--Value of expense fringe benefit
- 1157UA Value of expense fringe benefits DIVISION 9--Value of financial investment fringe benefit
- 1157UB Value of financial investment fringe benefit DIVISION 10--Foreign currency rates
- 1157V Foreign currency rates
PART 3.13----IMPRISONMENT
- 1158 Some social security payments not payable during period in gaol or in psychiatric confinement following criminal charge
- 1159 Payment may be redirected to dependent partner or child
- 1159A Person not qualified for some concession cards when in gaol or in psychiatric confinement following criminal charge
PART 3.14----COMPENSATION RECOVERY
DIVISION 1--General- 1160 General effect of Part
- 1161 Application of Part
- 1161A Application of Part to supplementary compensation affected payments
- 1162 Part to bind Crown
- 1163 Interpretation
- 1164 Certain lump sums to be treated as though they were received as periodic compensation payments
- 1165 Effect of certain State and Territory laws DIVISION 2--Enforcement of compensation rights
- 1166 Secretary may require person to take action to obtain compensation
- 1167 Failure to comply with a requirement to take action to obtain compensation DIVISION 3--Receipt of compensation
- 1168 Application
- 1169 Compensation affected payment not payable during lump sum preclusion period
- 1170 Lump sum preclusion period
- 1171 Deemed lump sum payment arising from separate payments
- 1172 Lump sum compensation not counted as ordinary income
- 1173 Effect of periodic compensation payments on rate of person's compensation affected payment
- 1174 Effect of periodic compensation payments on rate of partner's compensation affected payment
- 1175 Rate reduction under both income/assets test and this Part
- 1176 Periodic compensation not counted as ordinary income DIVISION 4--Recoverable amounts
- 1177 Interpretation
- 1178 Repayment of amount where both lump sum and payments of compensation affected payment have been received
- 1179 The section 1178 recoverable amount
- 1180 Repayment where both periodic compensation payments and payments of compensation affected payment have been received
- 1181 The section 1180 recoverable amount
- 1182 Secretary may send preliminary notice to potential compensation payer or insurer
- 1183 Potential compensation payer or insurer must notify Secretary of liability
- 1184 Secretary may send recovery notice to compensation payer or insurer
- 1184A The section 1184 recoverable amount
- 1184B Preliminary notice or recovery notice suspends liability to pay compensation
- 1184C Compensation payer's or insurer's payment to Commonwealth discharges liability to compensation claimant
- 1184D Offence to make compensation payment after receiving preliminary notice or recovery notice
- 1184E Liability of compensation payer or insurer to pay the Commonwealth if there is a contravention of section 1184D DIVISION 5--Recoverable debts
- 1184F Debts resulting from notices under section 1178 or 1180
- 1184G Debts resulting from notices under section 1184
- 1184H Debts resulting from contravention of section 1184D
- 1184I Compensation arrears debts DIVISION 6--Miscellaneous
- 1184J Secretary may give recovery notice either to compensation payer or to insurer but not to both
- 1184K Secretary may disregard some payments
- 1184L Application to review compensation decision--disability support pension
PART 3.15----SELF-EMPLOYMENT PROGRAMS
- 1186 General effect of Part
- 1187 Reduction in rate of payments under this Act if recipient or partner also receiving payments under a self-employment program
- 1188 Rate reduction under this Part
PART 3.16----INDEXATION AND ADJUSTMENT OF AMOUNTS
DIVISION 1--Preliminary- 1189 Analysis of Part
- 1190 Indexed and adjusted amounts DIVISION 2--CPI indexation
- 1191 CPI Indexation Table
- 1192 Indexation of amounts
- 1193 Indexation factor
- 1194 Rounding off indexed amounts
- 1195 Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings DIVISION 3--Social security pension indexation using Pensioner and Beneficiary Living Cost Index
- 1196 Social security pension indexation using Pensioner and Beneficiary Living Cost Index
- 1197 Living cost indexation factor
- 1198 Rounding off amounts DIVISION 4--Adjustment of other rates
- 1198A Adjustment of single pension rate MBR amounts
- 1198B Adjustment of disability support pension (under 21) MBRs
- 1198C Adjustment of youth disability supplement
- 1203 Adjustment of pension "single non-homeowner" AVL
- 1204 Adjustment of benefit AVLs
- 1205 Adjustment of special illness separated special resident AVL
- 1206A Adjustment of certain pharmaceutical allowance rates
- 1206B Adjustment of certain telephone allowance rates
PART 3.16A----ADVANCE PAYMENT DEDUCTIONS
- 1206H Advance payment deduction
- 1206J Amount of advance payment deduction--basic calculation
- 1206K Person may request larger advance payment deduction
- 1206L Reduction of advance payment deduction in cases of severe financial hardship
- 1206M The final advance payment deduction
- 1206N Provisional payment rate insufficient to cover advance payment deduction
- 1206P Rounding of amounts
PART 3.16B----SPECIAL EMPLOYMENT ADVANCE DEDUCTIONS
- 1206Q Special employment advance deduction
- 1206R Amount of special employment advance deduction--basic calculation
- 1206S Person may request larger special employment advance deduction
- 1206T Reduction of special employment advance deduction in cases of severe financial hardship
- 1206U The final special employment advance deduction
- 1206V Provisional payment rate insufficient to cover special employment advance deduction
- 1206W Rounding of amounts
PART 3.18----MEANS TEST TREATMENT OF PRIVATE COMPANIES AND PRIVATE TRUSTS
DIVISION 1--Introduction- 1207 Simplified outline
- 1207A Definitions
- 1207B Relatives
- 1207C Associates
- 1207D When a company is sufficiently influenced by an entity
- 1207E Majority voting interest in a company
- 1207F Entitled to acquire
- 1207G Transfer of property or services
- 1207H Constructive transfers of property or services to an entity
- 1207J Active involvement with a primary production enterprise
- 1207K Power to veto decisions of a trustee
- 1207L Extra-territorial operation
- 1207M Application to things happening before commencement DIVISION 2--Designated private companies
- 1207N Designated private companies DIVISION 3--Designated private trusts
- 1207P Designated private trusts DIVISION 4--Controlled private companies
- 1207Q Controlled private companies
- 1207R Direct voting interest in a company
- 1207S Voting power
- 1207T Direct control interest in a company
- 1207U Interest in a share DIVISION 5--Controlled private trusts
- 1207V Controlled private trusts
- 1207W Interest in a trust DIVISION 6--Attributable stakeholders and attribution percentages
- 1207X Attributable stakeholder, asset attribution percentage and income attribution percentage DIVISION 7--Attribution of income of controlled private companies and controlled private trusts
- 1207Y Attribution of income
- 1207Z No double counting of attributed income
- 1208 Ordinary income of a company or trust
- 1208A Ordinary income from a business--treatment of trading stock
- 1208B Permissible reductions of business and investment income
- 1208C Derivation periods
- 1208D Attribution periods DIVISION 8--Attribution of assets of controlled private companies and controlled private trusts
- 1208E Attribution of assets
- 1208F When attributed asset is unrealisable
- 1208G Effect of charge or encumbrance on value of assets
- 1208H Effect of unsecured loan on value of assets
- 1208J Value of company's or trust's assets etc. DIVISION 9--Modification of asset deprivation rules
- 1208K Individual disposes of asset to company or trust
- 1208L Disposal of asset by company or trust
- 1208M Individual ceases to be an attributable stakeholder of a company or trust
- 1208N Individual disposes of asset to company or trust before 1 January 2002--individual is attributable stakeholder
- 1208P Individual disposes of asset to company or trust before 1 January 2002--individual's spouse is attributable stakeholder DIVISION 10--Modification of income deprivation rules
- 1208Q Individual disposes of ordinary income to company or trust
- 1208R Disposal of income by company or trust
- 1208S Individual disposes of income to company or trust before 1 January 2002--individual is attributable stakeholder
- 1208T Individual disposes of income to company or trust before 1 January 2002--individual's spouse is attributable stakeholder DIVISION 11--Concessional primary production trusts
- 1208U Concessional primary production trusts
- 1208V Individual ceases to be an attributable stakeholder of trust--receipt of remuneration or other benefits from trust during asset deprivation period
- 1208W Net value of asset
- 1208X Value of entity's assets
- 1208Y When asset is controlled by an individual
- 1208Z Adjusted net value of asset
- 1209 Adjusted net primary production income
- 1209A Net income of a primary production enterprise
- 1209B Net income from a primary production enterprise--treatment of trading stock
- 1209C Permissible reductions of income from carrying on a primary production enterprise DIVISION 12--Anti-avoidance
- 1209D Anti-avoidance DIVISION 13--Decision-making principles
- 1209E Decision-making principles DIVISION 14--Information management
- 1209F Transitional period
- 1209G Information-gathering powers
- 1209H Secretary may obtain tax information
- 1209J Disclosure of tax information
- 1209K Disclosure of tax file number information
PART 3.18A----PRIVATE FINANCIAL PROVISION FOR CERTAIN PEOPLE WITH DISABILITIES
DIVISION 1--Special disability trusts- 1209L What is a?
- 1209M Beneficiary requirements
- 1209N Trust purpose requirements
- 1209P Trust deed requirements
- 1209Q Trustee requirements
- 1209R Trust property requirements
- 1209RA Trust expenditure requirements
- 1209S Reporting requirements
- 1209T Audit requirements
- 1209U Waiver of contravention of this Division DIVISION 2--Income of special disability trusts
- 1209V Attribution of income
- 1209X Income amounts from special disability trusts DIVISION 3--Assets of special disability trusts
- 1209Y Attribution of assets DIVISION 4--Transfers to special disability trusts
- 1209Z Effect of certain transfers to special disability trusts
- 1209ZA The effect of exceeding the $500,000 limit
- 1209ZB Transfers by the immediate family members prior to reaching pension age etc.
- 1209ZC Transfers by principal beneficiaries or partners
- 1209ZD Cessation of special disability trusts
- 1209ZE Effect of this Division
PART 3.19----MISCELLANEOUS
- 1210 Application of income and assets test reductions and of compensation reductions for income tax purposes
- 1210A Effect of nil rate of pension etc.
CHAPTER 4--International agreements and portability
PART 4.2----OVERSEAS PORTABILITY
DIVISION 1--Preliminary- 1211 Social Security (International Agreements) Act overrides Part
- 1212 Meaning of terms used in this Part
- 1212A Meaning of
- 1212B Meaning of
- 1212C Meaning of
- 1212D Part does not affect need for qualification DIVISION 2--Portability of social security payments
- 1213 Persons to whom Division applies
- 1214 Some payments generally portable with no time limit
- 1215 Some payments generally portable with time limit
- 1216 Amounts added to rate
- 1217 Meaning of,and
- 1218AAA Unlimited portability period for disability support pension--severely impaired disability support pensioner
- 1218AA Unlimited portability period for disability support pension--terminally ill overseas disability support pensioner
- 1218AB Extended portability period for disability support pension
- 1218 Exception--full-time students outside Australia for purposes of Australian course
- 1218A Exception--Reserve service
- 1218B Exception--waiting period in Australia before parenting payment is portable
- 1218BA Exception--new apprentices
- 1218C Extension of person's portability period--general
- 1218D Extension of person's portability period--life-saving medical treatment overseas
- 1220 No portability where claim based on short residence DIVISION 3--Rate of portable pensions
- 1220A Proportionality--age pension rate
- 1220B Proportionality--disability support pension rate for a severely disabled person
- 1221 Pension Portability Rate Calculator --
CHAPTER 5--Overpayments and debt recovery
PART 5.1----EFFECT OF CHAPTER
- 1222 General effect of Chapter
PART 5.2----AMOUNTS RECOVERABLE UNDER THIS ACT
- 1222A Debts due to the Commonwealth
- 1223 Debts arising from lack of qualification, overpayment etc.
- 1223A Debt resulting from commutation of asset-test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2)
- 1223AA Debts arising from prepayments and certain other payments
- 1223AB Debts arising from AAT stay orders
- 1223ABAA Debts arising in respect of one-off payments to older Australians
- 1223ABA Debts arising in respect of one-off payments to carers
- 1223ABAAA Debts arising in respect of economic security strategy payments
- 1223ABAAB Debts arising in respect of training and learning bonuses etc.
- 1223ABB Debts in respect of child disability assistance
- 1223ABC Debts in respect of carer supplement for 2009
- 1223ABD Debts in respect of carer supplement for 2010 and later years
- 1223ABE Debts in respect of relocation scholarship payments
- 1223ABF Debts in respect of student start-up loans
- 1223ABG Debts in respect of one-off energy assistance payments
- 1223ABH Debts in respect of 2019 one-off energy assistance payments
- 1223ABI Debts in respect of first 2020 economic support payments
- 1223ABJ Debts in respect of second 2020 economic support payments
- 1223ABK Debts in respect of additional economic support payment 2020
- 1223ABL Debts in respect of additional economic support payment 2021
- 1223ABM Debts in respect of 2022 cost of living payment
- 1224 Debts relating to clean energy advances
- 1224A Debts relating to essential medical equipment payments
- 1224AA Person other than payee obtaining payment of a cheque
- 1224AB Joint and several liability for persons involved in contravention of Act
- 1224B Education entry payment debt
- 1224C Data-matching Program (Assistance and Tax) Acts debts
- 1224D Mobility allowance advance debts
- 1224E Debts arising from advance payments of social security entitlements
- 1224EA Debts arising from special employment advances of special employment advance qualifying entitlements
- 1227 Assurance of support debt
- 1227B Debts arising under Part 8 of theas in force before 1 July 1998
- 1228 Overpayments arising under other Acts and schemes
- 1228A Comparable foreign payment debt recovery
- 1228B Additional 10% penalty for understatement etc. of income
- 1229 Notices in respect of debt
- 1229A Interest charge--no repayment arrangement in effect
- 1229B Interest charge--failure to comply with or termination of repayment arrangement
- 1229C Other rules for interest charge
- 1229D What is the?
- 1229E Exemption from interest charge--general
- 1229F Exemption from interest charge--Secretary's determination
- 1229G Guidelines on interest charge provisions
- 1230 Debt from failure to comply with garnishee notice
- 1230A Debt from failure before 1 July 1991 to comply with garnishee notice under the 1947 Act
- 1230B Overseas application of provisions
- 1230C Methods of recovery of debt
PART 5.3----METHODS OF RECOVERY
- 1231AA Application of sections dealing with deductions
- 1231 Deductions from debtor's pension, benefit or allowance
- 1232 Legal proceedings
- 1233 Garnishee notice
- 1234 Arrangement for payment of debt
- 1234AA Recovery of amounts from financial institutions
- 1234A Deductions by consent from social security payment of person who is not a debtor
- 1234B No time limit on debt recovery action
PART 5.4----NON-RECOVERY OF DEBTS
- 1235 Meaning of
- 1236 Secretary may write off debt
- 1236A Application
- 1237 Power to waive Commonwealth's right to recover debt
- 1237A Waiver of debt arising from error
- 1237AA Waiver of debt relating to an offence
- 1237AAA Waiver of small debt
- 1237AAB Waiver in relation to settlements
- 1237AAC Waiver where debtor or debtor's partner would have been entitled to an allowance
- 1237AAD Waiver in special circumstances
- 1237AAE Extra rules for waiver of assurance of support debts
- 1237AB Secretary may waive debts of a particular class
PART 5.5----DEPARTURE PROHIBITION ORDERS
DIVISION 1--Secretary may make departure prohibition orders- 1240 Secretary may make departure prohibition orders DIVISION 2--Departure from Australia of debtors prohibited
- 1241 Departure from Australia of debtors prohibited DIVISION 3--Other rules for departure prohibition orders
- 1242 Notification requirements for departure prohibition orders
- 1243 Operation of departure prohibition order
- 1244 Revocation and variation of departure prohibition orders
- 1245 Notification requirements for revocations and variations DIVISION 4--Departure authorisation certificates
- 1246 Application for departure authorisation certificate
- 1247 When Secretary must issue departure authorisation certificate
- 1248 Security for person's return to Australia
- 1249 What departure authorisation certificate must authorise
- 1250 Notification requirements for departure authorisation certificates
- 1251 Notification requirements for substituted days DIVISION 5--Appeals and review in relation to departure prohibition orders and departure authorisation certificates
- 1252 Appeals to courts against making of departure prohibition orders
- 1253 Jurisdiction of courts
- 1254 Orders of court on appeal
- 1255 Review of decisions DIVISION 6--Enforcement
- 1256 Powers of officers of Customs and members of the Australian Federal Police
- 1257 Privilege against self-incrimination
- 1258 Production of authority to depart DIVISION 7--Interpretation
- 1259 Interpretation--departure from Australia for foreign country
- 1260 Meaning of