SOCIAL SECURITY ACT 1991 - SECT 1131 Access to financial hardship rules--benefits

SOCIAL SECURITY ACT 1991 - SECT 1131

  (1)   If:

  (a)   a social security benefit is not payable to a person because of the application of an assets test; and

  (b)   the person is not receiving and is not eligible to apply for acceptable alternative Commonwealth income support; and

  (c)   the person's partner is not receiving and is not eligible to apply for acceptable alternative Commonwealth income support; and

  (d)   either:

  (i)   sections   1108 and 1109 (disposal of income) and 1124A, 1125, 1125A, 1126, 1126AA, 1126AB, 1126AC, 1126AD and 1126E (so far as section   1126E relates to sections   1126AA, 1126AB, 1126AC and 1126AD) (disposal of assets) do not apply to the person; or

  (ii)   the Secretary decides that the application of those sections to the person should, for the purposes of this section, be disregarded; and

  (e)   the person, or the person's partner, has an unrealisable asset; and

  (f)   the person lodges with the Department, in a form approved by the Secretary, a request that this section apply to the person; and

  (g)   the Secretary is satisfied that the person would suffer severe financial hardship if this section did not apply to the person;

the Secretary must determine that this section applies to the person.

Note:   For unrealisable asset see subsections   11(12) and (13).

  (1A)   In subsection   (1):

"assets test" does not include the parental means test in section   1067G (Youth Allowance Rate Calculator).

  (2)   A reference in subsection   (1) to acceptable alternative Commonwealth income support in relation to a person is a reference to payments (other than payments under the Farm Household Support Act 2014 ):

  (a)   that are made available by the Commonwealth by way of income support; and

  (b)   the rate of which is not less than the rate of jobseeker payment, youth allowance or austudy payment that would be applicable to the person if that payment or allowance were payable to the person.

  (3)   A decision under subsection   (1) takes effect:

  (a)   on the day on which the request under paragraph   (1)(f) was lodged with the Department; or

  (b)   if the Secretary so decides in the special circumstances of the case--on a day not more than 6 months before the day on which the request under paragraph   (1)(f) was lodged with the Department.