Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
1947 Act means the Social Security Act 1947 .
"Aboriginal or Torres Strait Islander child" means a child who is a descendant of:
(a) an Indigenous inhabitant of Australia; or
(b) an Indigenous inhabitant of the Torres Strait Islands.
"Aboriginal study assistance scheme" means:
(b) the Aboriginal Overseas Study Assistance Scheme; or
(c) a scheme prescribed for the purposes of this definition.
"ABSTUDY" means the ABSTUDY scheme to the extent that it provides means-test allowances.
"ABSTUDY Schooling scheme" means the ABSTUDY Schooling part of the ABSTUDY scheme.
"ABSTUDY Tertiary scheme" means the ABSTUDY Tertiary part of the ABSTUDY scheme.
"account" , in relation to a financial institution, means an account maintained by a person with the institution to which is accredited money received on deposit by the institution from that person.
"additional child amounts" are the amounts set out in the table in point 1210-A1A.
"Administration Act" means the Social Security (Administration) Act 1999 .
"adversely affected" , in relation to a major disaster, has the meaning given by section 1061L.
"AGDRP" : see Australian Government Disaster Recovery Payment.
"Agency" means the Commonwealth Services Delivery Agency established by the Agency Act.
"Agency Act" means the Commonwealth Services Delivery Agency Act 1997 .
"applicable statutory conditions" , in relation to particular work, means the minimum terms and conditions of employment (including wages) applicable under law in relation to that work.
"approved friendly society" means a society, person or body in relation to whom or in relation to which a determination under section 29 is in force.
"approved program of work for income support payment" means a program of work that is declared by the Employment Secretary, under section 28, to be an approved program of work for income support payment.
"approved program of work supplement" means:
(aa) an amount under section 118 to a person receiving disability support pension; or
(a) an amount payable under section 503A to a person receiving parenting payment; or
(b) an amount payable under section 556A to a person receiving youth allowance; or
(c) an amount payable under section 644AAA to a person receiving newstart allowance.
"approved training course for training supplement" , for a person, means a training course that is approved by the Secretary under section 28B for training supplement for the person.
"assurance of support" means an assurance of support within the meaning of:
(a) the Migration (1989) Regulations; or
(b) the Migration (1993) Regulations; or
(c) Subdivision 2.7.1 or 2.7.2 of the Migration Regulation s 1 994 as in force on or after 1 September 1994; or
(d) Chapter 2C.
"assurance of support debt" has the meaning given by subsection 1227(2).
"Australia" includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Note: see also subsection 7(4), (6) and (7) for special residence rules for external Territories.
"Australian Government Disaster Recovery Payment or AGDRP" means a payment under Part 2.24.
"AUSTUDY allowance" means a benefit paid under the AUSTUDY scheme, being the scheme under Part 2 of the Student Assistance Act 1973 as previously in force.
"austudy participation failure" has the meaning given by section 576.
"bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
"benefit parenting allowance" means benefit parenting allowance under this Act as previously in force.
"carer supplement" means carer supplement under Part 2.19B.
"CDEPManager" means the computer system known as CDEPManager.
"CDEP Scheme" means the scheme known as the Community Development Employment Projects Scheme.
"CDEP Scheme participant" has the meaning given by section 1188B.
"CDEP Scheme payment" means a payment (expressed as a fortnightly rate) made from the wages component grant under the CDEP Scheme.
"CDEP Scheme provider" means a person or organisation that is a party to a Programme Funding Agreement with the Commonwealth under which the person or organisation receives Commonwealth funding to deliver the CDEP Scheme.
"CDEP Scheme quarter" means:
(a) such period (if any) as the Secretary determines in respect of the provision in which the expression occurs; or
(b) in relation to a provision in respect of which there is no determination by the Secretary in force under paragraph (a)--a quarter within the meaning of the CDEP Scheme.
"CEO" means the Chief Executive Officer of the Agency.
"child disability allowance" means child disability allowance under Part 2.19 of this Act as in force at any time before 1 July 1999.
"child disability assistance" means child disability assistance under Part 2.19AA.
"combined couple rate of minimum pension supplement" has the meaning given by subsection 20A(2).
"combined couple rate of pension supplement" has the meaning given by subsection 20A(1).
"comparable foreign payment" means a payment-type that is:
(a) available from a foreign country; and
(b) similar to a social security pension.
"compliance penalty period" , in relation to a person, means:
(a) a period during which a participation payment (within the meaning of the Administration Act) is not payable because of subsection 42P(1) (serious failures) or 42S(1) (unemployment non‑payment periods) of that Act; or
(b) a period during which youth allowance is not payable to the person because of section 550B or 551 of this Act; or
(c) a period during which austudy payment is not payable to the person because of section 576A or 577 of this Act.
"computer" means a device that is used by the Department for storing or processing information.
"current period as an Australian resident" , of a person in relation to parenting payment, youth allowance or newstart allowance, is a period that satisfies both the following conditions:
(a) the person has been an Australian resident for the entire period;
(b) the person lodged the claim for the payment or allowance during the period.
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .
Note: subsection 3(3) of the Administrative Appeals Tribunal Act 1975 defines decision as including:
* making, suspending, revoking or refusing to make an order or determination;
* giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;
* issuing, suspending, revoking or refusing to issue a licence, authority or other instrument;
* imposing a condition or restriction;
* making a declaration, demand or requirement;
* retaining, or refusing to deliver up, an article;
* doing or refusing to do any other act or thing.
"Defence Force Income Support Allowance or DFISA" means Defence Force Income Support Allowance under Part VIIAB of the Veterans' Entitlements Act.
"distance educator" has the meaning given by section 5D.
"early school leaver" means a person who:
(a) is less than 21 years old; and
(b) has not completed the final year of secondary school, or an equivalent level of education; and
(c) is not undertaking full‑time study.
"educational institution" means an education institution within the meaning of subsection 3(1) of the Student Assistance Act 1973.
"employee" , in relation to the Agency, has the same meaning as in the Agency Act.
"Employment Department" means the Department of Employment, Education and Training.
"employment pathway plan" means:
(a) a Parenting Payment Employment Pathway Plan; or
(b) a Youth Allowance Employment Pathway Plan; or
(c) a Newstart Employment Pathway Plan; or
(d) a Special Benefit Employment Pathway Plan.
"Employment Secretary" means the Secretary to the Employment Department.
"exempt funeral investment" has the meaning given by section 19E.
"external Territory" does not include the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island.
"Family Assistance Act" means the A New Tax System (Family Assistance) Act 1999.
"Family Assistance Administration Act" means the A New Tax System (Family Assistance) (Administration) Act 1999.
"family assistance law" means any one or more of the following:
(a) the Family Assistance Act;
(b) the Family Assistance Administration Act;
(c) regulations under the Family Assistance Administration Act;
(d) Schedules 5 and 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000 .
(a) a parenting order; or
(b) a family violence order within the meaning of section 4 of that Act; or
(c) a State child order registered under Subdivision B of Division 13 of Part VII of that Act; or
(d) an overseas child order registered under Subdivision C of Division 13 of Part VII of that Act.
"family member" has the meaning given by subsections (14) and (15).
"family tax benefit" has the meaning given by the Family Assistance Act.
"fares allowance" means fares allowance under Part 2.26 or under the Social Security (Fares Allowance) Rules 1998, as the case may be.
Farm Household Support Act 1992 includes the farm help re-establishment grant scheme and the farm help advice and training scheme under that Act.
"financial institution" means a corporation that is an ADI for the purposes of the Banking Act 1959 .
"financial supplement" means a loan that has been or may be made under a financial supplement contract as defined by section 19AB.
"FTB child" has the meaning given by section 3 of the Family Assistance Act.
"full year course" has the meaning given by subsection (10C).
"Health Department" means the Department dealing with matters relating to health and aged care.
"Health Secretary" means the Secretary to the Health Department.
"higher education institution" means an institution that is a higher education institution for the purposes of the Student Assistance Act 1973 .
"home educator" has the meaning given by section 5C.
"immediate family member" , of a person, means an individual:
(a) who is a parent or step‑parent of the person; or
(b) who is, or was when the person was under 18 years of age, a legal guardian of the person; or
(c) who is a grandparent of the person; or
(d) who is a sibling of the person.
"Impairment Tables" means the Tables in Schedule 1B.
"income maintenance period" has the meaning given in points 1064-F4 and 1064-F5, 1066A-G4 and 1066A-G5, 1067G-H11 and 1067G-H12, 1067L-D5 and 1067L-D6, 1068-G7AG and 1068-G7AH, 1068A-E3 and 1068A-E4 and 1068B-D9 and 1068B-D10.
"income support payment " means a payment of:
(a) a social security benefit; or
(aa) a job search allowance; or
(b) a social security pension; or
(c) a youth training allowance; or
(d) a service pension; or
(e) income support supplement.
"income support supplement" means income support supplement under Part IIIA of the Veterans' Entitlements Act.
" Income Tax Assessment Act" means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 .
"instalment period" , in relation to a person, means a period that is determined by the Secretary under section 43 of the Social Security (Administration) Act 1999 to be an instalment period of the person.
"job search allowance " means job search allowance under this Act as previously in force.
"joint ownership" includes ownership as joint tenants or as tenants in common.
"late starting course" has the meaning given by subsection (10D).
"lone parent" : a person is a lone parent on a particular day if, on that day:
(a) the person is not a member of a couple; and
(b) the person has a dependent child.
"long-term social security recipient" , as at a particular time, means:
(a) a person who, at that time, has had social security recipient status continuously for the previous 52 weeks; or
(b) a person:
(i) who has not, at that time, had social security recipient status continuously for the previous 52 weeks; and
(ii) who had social security recipient status at the beginning of the previous 52 weeks; and
(iii) who did not lose social security recipient status for more than 6 weeks of the previous 52 weeks.
Note: for social security recipient status see subsection 23(1).
"major disaster" means a disaster in respect of which a declaration is in force under section 36.
"mature age allowance " means:
(a) in Part 2.12A--mature age allowance under that Part; or
(b) in Part 2.12B--mature age allowance under that Part; or
(c) otherwise--mature age allowance under either of those Parts.
"maximum Part A rate of family tax benefit" is the maximum rate worked out in step 1 of the method statement in clause 3 or 28A of Schedule 1 to the Family Assistance Act.
"medical practitioner" means a person registered and licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.
"mental hospital" means premises in relation to which a declaration by the Secretary under section 30 is in force.
"mental hospital patient" means:
(a) a person who:
(i) has been admitted to a mental hospital as a patient of the hospital; and
(ii) is shown on the records of the hospital as a patient (other than an outpatient) of the hospital; or
(b) a person who:
(i) is being transferred to a mental hospital; and
(ii) will become a mental hospital patient within the meaning of paragraph (a) at that hospital; and
(iii) immediately before being transferred, was a mental hospital patient within the meaning of paragraph (a) at another mental hospital.
"Military Rehabilitation and Compensation Act Education and Training Scheme" has the meaning given by the Family Assistance Act.
"Military Rehabilitation and Compensation Act or MRCA" means the Military Rehabilitation and Compensation Act 2004 .
"minimum pension supplement amount" has the meaning given by subsection 20A(4).
"NEIS payment" means a payment under the scheme known as the New Enterprise Incentive Scheme.
"new apprentice" means a person who has a current Commonwealth registration number in relation to a full-time apprenticeship, traineeship or trainee apprenticeship under the scheme known as New Apprenticeships, but does not include a person whose registration number is suspended.
"newly arrived resident's waiting period" means:
(a) a carer payment newly arrived resident's waiting period under sections 201AA and 201AB; or
(b) a widow allowance newly arrived resident's waiting period under section 408BA; or
(c) a youth allowance newly arrived resident's waiting period under section 549D; or
(ca) an austudy payment newly arrived resident's waiting period under section 575D; or
(cb) a pensioner education supplement newly arrived resident's waiting period under section 1061PU; or
(d) a mature age allowance newly arrived resident's waiting period under sections 660YCFA and 660YCFB; or
(e) a newstart allowance newly arrived resident's waiting period under sections 623A and 623B; or
(f) a sickness allowance newly arrived resident's waiting period under sections 696B and 696C; or
(g) a special benefit newly arrived resident's waiting period under sections 732 and 739A; or
(h) a partner allowance newly arrived resident's waiting period under sections 771HC and 771HNA; or
(j) a mobility allowance newly arrived resident's waiting period under sections 1039AA and 1039AB; or
(k) a seniors health card newly arrived resident's waiting period under section 1061ZH; or
(ka) a health care card newly arrived resident's waiting period under section 1061ZQ.
"nominated visa holder" means a person to whom, in accordance with section 731, Subdivision AA of Division 1 of Part 2.15 applies.
"non-benefit parenting allowance" means non-benefit parenting allowance under this Act as previously in force.
"Northern Territory CDEP transition payment" means a Northern Territory CDEP transition payment under Part 2.27.
"officer" means a person performing duties, or exercising powers or functions, under or in relation to the social security law or the Farm Household Support Act 1992 .
"ordinary waiting period" means:
(a) a newstart allowance ordinary waiting period under sections 620 and 621; or
(c) a sickness allowance ordinary waiting period under sections 693 and 694.
"parenting allowance" means parenting allowance under this Act as previously in force.
"parenting order" has the meaning given by section 64B of the Family Law Act 1975 .
"parenting plan" has the meaning given by the Family Law Act 1975 .
"Part A rate of family tax benefit" is the Part A rate of family tax benefit worked out under Part 2 or 3 of Schedule 1 to the Family Assistance Act.
"partial capacity to work" has the meaning given by section 16B.
"participation failure instalment period" :
(a) in relation to the payability of youth allowance--has the meaning given by subsection 550B(3); and
(b) in relation to the payability of austudy payment--has the meaning given by subsection 576A(3).
"partner of a non-independent YA recipient" means a person who is a member of a couple the other member of which is receiving a youth allowance and is not independent within the meaning of Part 3.5.
"payday" , in relation to a person, means:
(a) if the person is receiving a social security pension, a social security benefit, a carer allowance, a double orphan pension or a pensioner education supplement--a day on which an instalment of the pension, benefit, supplement or allowance is, or would normally be, paid to the person; or
(b) if the person is receiving a service pension or income support supplement--a day on which an instalment of the service pension or income support supplement is, or would normally be, paid to the person under the Veterans' Entitlements Act.
"PBBP employment income" (short for pension bonus bereavement payment employment income) has the meaning given by section 93WC.
(a) when used in Part 3.14A or 3.14B in relation to a person who is a veteran (within the meaning of the Veterans' Entitlements Act)--has the meaning that it has in section 5QA of that Act; or
(b) otherwise--has the meaning given by subsections (5A), (5B), (5C) or (5D).
"pension bonus" means pension bonus under Part 2.2A (and does not include a pension bonus bereavement payment under Division 12 of that Part).
"pension bonus bereavement payment" means a pension bonus bereavement payment under Division 12 of Part 2.2A.
(a) the Thursday that falls on 4 July 1991; and
(b) each succeeding alternate Thursday up to, and including, Thursday 24 June 1999.
"pension period" means the instalment period of an instalment of a social security pension.
"pension supplement amount" , for a person, means the amount added under the pension supplement Module (if any) of the Rate Calculator when working out the rate of the person's social security payment.
"pension supplement basic amount" has the meaning given by subsection 20A(5).
"physical impairment" includes sensory impairment.
"principal beneficiary" , of a special disability trust, has the meaning given by subsection 1209M(1).
"program of assistance" means:
(a) a program approved under section 28A; or
(b) a program offered as part of the competitive employment training and placement services as defined by section 7 of the Disability Services Act 1986.
"prohibited relationship" has the meaning given by subsections 4(12) and (13).
"protected information" means:
(a) information about a person that is or was held in the records of the Department or of the Agency; or
(b) information about a person obtained by an officer under the family assistance law that is or was held in the records of the Australian Taxation Office or Medicare Australia; or
(ba) information about a person obtained by an officer under the family assistance law that was held in the records of the Health Insurance Commission; or
(c) information to the effect that there is no information about a person held in the records of one or more of the following:
(i) the Department;
(ii) the Agency;
(iii) the Australian Taxation Office;
(iv) Medicare Australia.
"quarterly pension supplement" means the separate social security payment described in subsection 1061VA(1).
"RAS authority" means an authority of a State or Territory that is responsible for the administration of the Rural Adjustment Scheme on behalf of the State or Territory.
"receive" has the meaning given by subsections (2), (4), (4A) and (4AA).
"registered and active foster carer" has the meaning given by section 5B.
"registered parenting plan" has the meaning given by the Family Law Act 1975 .
"regular care child" has the meaning given by subsection 3(1) of the Family Assistance Act.
"rehabilitation program" means:
(a) a rehabilitation program under Part III of the Disability Services Act 1986 ; or
(b) a follow‑up program in relation to which a determination by the Secretary under section 31 is in force.
"relationship child" has the meaning given by subsection 5(25).
"relationship parent" has the meaning given by subsection 5(25).
"relevant minimum wage" , for an employee, means the minimum wage payable to the employee under law.
"rent assistance child" has the meaning given by subsection 3(1) of the Family Assistance Act.
"Reserves " means:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
"Rural Adjustment Scheme" means the scheme of assistance established and operated by a State or Territory in accordance with clause 9 of the agreement set out in the Schedule to the States and Northern Territory Grants (Rural Adjustment) Act 1988 .
(a) except in relation to Division 4 of Part 4 of the Administration Act--the Secretary to the Department; or
(b) in relation to Division 4 of Part 4 of the Administration Act:
(i) in the review of a decision made by the CEO or an employee of the Agency as a delegate of the Secretary to the Department or of the Secretary to the Employment Department--the CEO; or
(ii) in the review of a decision under the Student Assistance Act 1973 , other than a decision mentioned in subparagraph (i)--the Secretary to the Employment Department; or
(iii) in the review of any other decision--the Secretary to the Department.
"seniors supplement" means seniors supplement under Part 2.25B.
"service arrangements" has the same meaning as in the Agency Act.
"service payday" means a pension payday within the meaning of the Veterans' Entitlements Act.
(a) an age service pension under Part III of the Veterans' Entitlements Act; or
(b) an invalidity service pension under Part III of the Veterans' Entitlements Act; or
(c) a partner service pension under Part III of the Veterans' Entitlements Act; or
(d) a carer service pension under Part III of the Veterans' Entitlements Act.
"short course" means a course of education that lasts for 30 weeks or less including vacations.
"sibling" , of a person, includes a half-brother, half-sister, adoptive brother, adoptive sister, stepbrother or stepsister of the person, but does not include a foster-brother or foster-sister of the person.
"social security benefit" means:
(aa) widow allowance; or
(aab) youth allowance; or
(aac) austudy payment; or
(a) newstart allowance; or
(c) sickness allowance; or
(d) special benefit; or
(e) partner allowance; or
(ea) a mature age allowance under Part 2.12B; or
(f) benefit PP (partnered); or
(g) parenting allowance (other than non‑benefit allowance).
"social security entitlement" means:
(a) an age pension; or
(b) a disability support pension; or
(c) a wife pension; or
(d) a carer payment; or
(e) a parenting payment; or
(f) a widow B pension; or
(g) a widow allowance; or
(ha) a youth allowance; or
(hb) an austudy payment; or
(i) a job search allowance; or
(j) a newstart allowance; or
(k) a mature age allowance; or
(l) a mature age partner allowance.
"Social Security (Fares Allowance) Rule" s 1 998 , in relation to a time after the commencement of Schedule 1 to the Youth Allowance Consolidation Act 2000 , means those Rules as they continue in force under clause 126 of Schedule 1A.
"social security payment" means:
(a) a social security pension; or
(b) a social security benefit; or
(c) an allowance under this Act; or
(e) any other kind of payment under Chapter 2 of this Act; or
(f) a pension, benefit or allowance under the 1947 Act.
"social security pension" means:
(a) an age pension; or
(b) a disability support pension; or
(c) a wife pension; or
(d) a carer payment; or
(e) a pension PP (single); or
(ea) a sole parent pension; or
(f) a bereavement allowance; or
(g) a widow B pension; or
(ga) disability wage supplement; or
(i) a mature age partner allowance; or
(k) a special needs pension.
"social security recipient status , for the purposes of the definition of long-term social security recipient" , means:
(a) in the case of a person who is receiving a youth allowance, an austudy payment or newstart allowance--status as a recipient of a social security pension, a social security benefit, a youth training allowance, an ABSTUDY allowance, an AUSTUDY allowance, a service pension or income support supplement; or
(b) in any other case--status as a recipient of a social security pension, a social security benefit, a youth training allowance, a service pension or income support supplement;
and includes status held on or after 20 March 2000 as a CDEP Scheme participant receiving the CDEP Scheme Participant Supplement.
"sole parent pension" means sole parent pension under this Act as previously in force.
"special disability trust" has the meaning given by section 1209L.
"special employment advance qualifying entitlement" means:
(a) an austudy payment; or
(b) a carer payment; or
(c) a disability support pension; or
(d) a mature age allowance; or
(e) a mature age partner allowance; or
(f) a newstart allowance; or
(g) a pension PP (single); or
(h) a widow B pension; or
(i) a widow allowance; or
(j) a wife pension; or
(k) a youth allowance.
"Student Financial Supplement Scheme" means:
(a) the scheme constituted by Part 4A of the Student Assistance Act 1973 ; or
(b) the scheme established under Chapter 2B of this Act.
"study" includes vocational training.
"subject to participation requirements" : a person is subject to participation requirements if, because of paragraph 500(1)(c) or 500F(1)(f) or (2)(f), the person cannot be qualified for parenting payment unless the person meets any participation requirements that apply to the person under section 500A.
Note: Subsection 500F(4) limits the circumstances in which paragraph 500F(1)(f) or (2)(f) applies.
subsection 11(14) asset means an asset that is unrealisable because of subsection 11(14).
"TAFE institution" means an institution that is a technical and further education institution for the purposes of the Student Assistance Act 1973 .
"taxable income" has the same meaning as in the Income Tax Assessment Act.
"tax-exempt pension supplement" has the meaning given by subsection 20A(6).
"tax file number" has the same meaning as in Part VA of the Income Tax Assessment Act.
"tax year has the same meaning as year of income" has in the Income Tax Assessment Act.
Note: section 6 of the Income Tax Assessment Act defines year of income as the financial year (1 July to 30 June) or, if another accounting period has been adopted under section 18 of that Act instead of the financial year, that accounting period.
"TFN declaration" has the same meaning as in Part VA of the Income Tax Assessment Act 1936 .
"this Act " means this Act as originally enacted or as amended and in force at any time.
(a) an amount payable under subsection 503B(2) to a person receiving a parenting payment; or
(b) an amount payable under subsection 644AAC(2) to a person receiving newstart allowance.
"transitional DSP applicant" means a person:
(a) who made a claim for a disability support pension on or after 11 May 2005 and before 1 July 2006; and
(b) to whom, on or after 1 July 2006, a notice under subsection 63(2) or (4) of the Administration Act is given; and
(c) who is required under the notice to undertake a specified activity for the purpose of reviewing his or her capacity to perform work.
"transition day" , for a person affected by Part 2.27 (Northern Territory CDEP transition payment), has the meaning given by section 1061ZAAM.
"undertaking full-time study" has the meaning given in section 541B.
"utilities allowance" means utilities allowance under Part 2.25A.
"Veterans' Children Education Scheme" has the meaning given by the Family Assistance Act.
" Veterans' Entitlements Act or VEA" means the Veterans' Entitlements Act 1986 .
"VET provider" has the same meaning as in the Skilling Australia's Workforce Act 2005 .
(aa) a carer payment newly arrived resident's waiting period under sections 201AA and 201AB; or
(ab) a widow allowance newly arrived resident's waiting period under section 408BA; or
(b) newstart allowance ordinary waiting period under sections 620 and 621; or
(ca) a newstart allowance newly arrived resident's waiting period under sections 623A and 623B; or
(ff) a mature age allowance newly arrived resident's waiting period under sections 660YCFA and 660YCFB; or
(g) a sickness allowance ordinary waiting period under sections 693 and 694; or
(k) a sickness allowance newly arrived resident's waiting period under sections 696B and 696C; or
(ka) a special benefit newly arrived resident's waiting period under sections 732 and 739A; or
(kb) a partner allowance newly arrived resident's waiting period under sections 771HC and 771HNA; or
(n) a mobility allowance newly arrived resident's waiting period under sections 1039AA and 1039AB; or
(o) a seniors health card newly arrived resident's waiting period under section 1061ZA.
"youth allowance participation failure" has the meaning given by section 550.
"youth allowance payment period" means a period under section 43 of the Administration Act for which youth allowance is or may be payable.
"youth training allowance" means a youth training allowance under Part 8 of the Student Assistance Act 1973 as previously in force.
(1A) Where:
(a) a provision of this Act refers to:
(i) the greater or greatest, or the higher or highest; or
(ii) the lesser or least, or the lower or lowest;
of 2 or more amounts; and
(b) the amounts are equal;
the provision is taken to refer to one only of the amounts.
(1B) Where:
(a) a provision of this Act refers to the greatest or highest of 3 or more amounts; and
(b) 2 or more (but not all) of the amounts are equal and exceed the other amount or other amounts;
the provision is taken to refer to one only of those equal amounts.
(1C) Where:
(a) a provision of this Act refers to the least or lowest of 3 or more amounts; and
(b) 2 or more (but not all) of the amounts are equal and are less than the other amount or other amounts;
the provision is taken to refer to one only of those equal amounts.
(1D) If, on a day that is on or after 20 September 2004:
(a) adjusted disability pension (within the meaning of section 118NA of the Veterans' Entitlements Act) is payable to a person or a person's partner; and
(b) apart from this subsection, a social security pension or social security benefit is not payable to the person, but only because the rate of the pension or benefit would be nil; and
(c) the rate of the social security pension or social security benefit would not be nil if the 2 assumptions (that relate to the adjusted disability pension) referred to in step 2 of method statement 1 in subsection 118NC(1) of the Veterans' Entitlements Act were made;
then, despite any other provision of this Act:
(e) the social security pension or social security benefit is taken to be payable to the person on that day; and
(f) the person is taken to be receiving the social security pension or social security benefit on that day.
Note: This subsection overrides provisions of this Act (for example, sections 44 and 98) that provide that a social security pension or social security benefit is not payable where the rate of the pension or benefit would be nil, but only where the rate would not be nil if the 2 assumptions referred to in paragraph (c) were made.
(2) For the purposes of this Act (other than section 735), a person is taken to be receiving a payment under this Act from the earliest day on which the payment is payable to the person even if the first instalment of the payment is not paid until a later day.
(4) For the purposes of this Act, a person is taken to be receiving a social security payment until the latest day on which the payment is payable to the person even if the last instalment of the payment is not paid until a later day.
(4A) Despite subsection (4), if:
(a) a person is receiving a social security pension or social security benefit; and
(b) the person's rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in Chapter 3; and
(c) the person has not reached pension age; and
(d) the person or the person's partner earns, derives or receives, or is taken to earn, derive or receive, employment income; and
(e) the person would, but for this subsection, cease to be receiving the pension or benefit on and from a day (the cessation day ):
(i) if paragraph (d) applies to the person--because of the employment income of the person (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person) (and after any working credit balance or student income bank balance of the person is reduced to nil); or
(ii) if paragraph (d) applies to the partner--because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner) (and after any working credit balance or student income bank balance of the partner is reduced to nil); and
(f) but for the employment income, or the combined income, referred to in paragraph (e), the pension or benefit would continue to be payable to the person on and from the cessation day; and
(g) the person:
(i) in the case of a woman who would, but for this subsection, cease to be receiving wife pension because of the employment income, or the combined income, referred to in subparagraph (e)(ii)--continues, but for that employment income or combined income, to be qualified for wife pension on and from the cessation day; and
(ii) in any other case--continues to be qualified for the pension or benefit on and from the cessation day;
then, for the purposes only of the provisions of this Act that are specified in subsection (4AA), the person is taken to be receiving the pension or benefit until:
(h) 12 weeks after the end of the instalment period in which the cessation day occurs; or
(i) the day the person reaches pension age; or
(j) the day the pension or benefit would cease to be payable to the person for a reason other than the employment income, or the combined income, referred to in paragraph (e); or
(k) the day the person ceases to be qualified as mentioned in paragraph (g);
whichever happens first.
(4AA) For the purposes of subsection (4A), the following are the specified provisions of this Act:
(a) provisions in Chapter 2 that provide for an increase in a person's rate of payment by an amount to be known as the approved program of work supplement;
(aa) provisions in Chapter 2 that provide for an increase in a person's rate of payment by an amount to be known as the training supplement;
(b) section 1048;
(c) section 1061PJ;
(d) section 1061Q;
(e) point 1067G‑F3;
(f) 1070W;
(g) 1070X;
(h) provisions within the income test module of a rate calculator in Chapter 3 prescribing the partner income free area or the partner income excess for a person.
(4B) For the purposes of this Act, a person is severely disabled if:
(a) a physical impairment, a psychiatric impairment, an intellectual impairment, or 2 or all of such impairments, of the person make the person, without taking into account any other factor, totally unable:
(i) to work for at least the next 2 years; and
(ii) unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program; or
(b) the person is permanently blind.
(4C) For the purposes of this Act, a person is in disability accommodation if:
(a) the person:
(i) is in accommodation for people with disabilities; or
(ii) is:
(A) in accommodation that is not the principal home of the parents or a parent of the person; and
(B) receiving accommodation support services for people with disabilities; and
(b) the accommodation, or services, for people with disabilities are funded wholly or partly by the Commonwealth, a State or a Territory.
(4CA) For the purposes of this Act, a person is in residential care if the person is being provided with residential care through an aged care service conducted by an approved provider.
(4CB) In subsection (4CA), the following terms have the same meanings as in the Aged Care Act 1997 :
(4D) For the purposes of this Act, a person is living away from the person's parental home if the person is living away from:
(a) where the person's parents have the same principal home--that home; or
(b) where the person has only one parent--the principal home of that parent; or
(c) where the person's parents have different principal homes--all of those homes.
(5) For the purposes of this Act, a person is in gaol if:
(a) the person is being lawfully detained (in prison or elsewhere) while under sentence for conviction of an offence and not on release on parole or licence; or
(b) the person is undergoing a period of custody pending trial or sentencing for an offence.
(5A) A man born during the period specified in column 2 of an item in the following table reaches pension age when he turns the age specified in column 3 of that item.
|
Table--Pension age for men |
||
|
Column 1 Item |
Column 2 Period during which man was born |
Column 3 |
|
1 |
On or before 30 June 1952 |
65 years |
|
2 |
1 July 1952 to 31 December 1953 |
65 years and 6 months |
|
3 |
1 January 1954 to 30 June 1955 |
66 years |
|
4 |
1 July 1955 to 31 December 1956 |
66 years and 6 months |
|
5 |
On or after 1 January 1957 |
67 years |
(5B) A woman born before 1 July 1935 reaches pension age when she turns 60.
(5C) A woman born within the period specified in column 2 of an item in the following Table reaches pension age when she turns the age specified in column 3 of that item.
|
Table--Pension age for women |
||
|
Column 1 Item no. |
Column 2 Period within which woman was born (both dates inclusive) |
Column 3 |
|
1. |
From 1 July 1935 to 31 December 1936 |
60 years and 6 months |
|
2. |
From 1 January 1937 to 30 June 1938 |
61 years |
|
3. |
From 1 July 1938 to 31 December 1939 |
61 years and 6 months |
|
4. |
From 1 January 1940 to 30 June 1941 |
62 years |
|
5. |
From 1 July 1941 to 31 December 1942 |
62 years and 6 months |
|
6. |
From 1 January 1943 to 30 June 1944 |
63 years |
|
7. |
From 1 July 1944 to 31 December 1945 |
63 years and 6 months |
|
8. |
From 1 January 1946 to 30 June 1947 |
64 years |
|
9. |
From 1 July 1947 to 31 December 1948 |
64 years and 6 months |
(5D) A woman born during the period specified in column 2 of an item in the following table reaches pension age when she turns the age specified in column 3 of that item.
|
Table--Pension age for women |
||
|
Column 1 Item |
Column 2 Period during which woman was born |
Column 3 |
|
1 |
1 January 1949 to 30 June 1952 |
65 years |
|
2 |
1 July 1952 to 31 December 1953 |
65 years and 6 months |
|
3 |
1 January 1954 to 30 June 1955 |
66 years |
|
4 |
1 July 1955 to 31 December 1956 |
66 years and 6 months |
|
5 |
On or after 1 January 1957 |
67 years |
Psychiatric confinement
(8) Subject to subsection (9), psychiatric confinement in relation to a person includes confinement in:
(a) a psychiatric section of a hospital; and
(b) any other place where persons with psychiatric disabilities are, from time to time, confined.
(9) The confinement of a person in a psychiatric institution during a period when the person is undertaking a course of rehabilitation is not to be taken to be psychiatric confinement .
Served the waiting period
(10) If a person is subject to an ordinary waiting period for a social security benefit under Part 2.12 (newstart allowance) or Part 2.14 (sickness allowance), the person is to be taken to have served the waiting period if, and only if:
(a) the waiting period has ended; and
(b) the person was, throughout the waiting period, qualified for the social security benefit.
Note 2: for ordinary waiting period see sections 610 and 691.
(10A) If a person is subject to a liquid assets test waiting period for a social security benefit, the person is to be taken to have served the waiting period if, and only if:
(a) the waiting period has ended; and
(b) the person was, apart from the liquid assets test provision concerned, qualified for the benefit throughout so much of the waiting period as occurs after the claim for the benefit was made.
(10B) For the purposes of subsection (10A), the liquid assets test provisions are sections 549A to 549C, 575A to 575C, 598 and 676.
(10C) For the purposes of this Act:
(a) a course of education that starts:
(i) on 1 January; or
(ii) after 1 January and before 1 April; or
(iii) on 1 July; or
(iv) after 1 July and before 1 August;
and lasts for more than 30 weeks (including vacations); or
(b) an articulated short course sequence whose first course starts:
(i) on 1 January; or
(ii) after 1 January and before 1 April; or
(iii) on 1 July; or
(iv) after 1 July and before 1 August;
and the length of whose courses (including vacations) add up to more than 30 weeks.
(10D) For the purposes of this Act:
(a) a course of education that starts:
(i) on 1 April; or
(ii) after 1 April and before 1 July; or
(iii) after 31 July;
and lasts for more than 30 weeks (including vacations); or
(b) an articulated short course sequence whose first course starts:
(i) on 1 April; or
(ii) after 1 April and before 1 July; or
(iii) after 31 July;
and the length of whose courses (including vacations) add up to more than 30 weeks.
(10E) In subsections (10C) and (10D):
"articulated short course sequence" means a sequence of 2 or more articulated short courses that:
(a) is undertaken by a person during a 12 month period; and
(b) begins on the first day of the first course in the sequence; and
(c) ends at the end of the last day of the last course in the sequence.
(10F) For the purposes of subsection (10E), if:
(a) a person undertakes at least 2 short courses of education; and
(b) the person starts the second short course and (if applicable) each subsequent short course:
(i) within 28 days after completing the immediately preceding short course; or
(ii) within such longer period after completing the immediately preceding short course as the Secretary approves on being satisfied that this was due to circumstances beyond the person's control; and
(c) each of the short courses is an approved course of education or study within the meaning of paragraph 1061PB(1)(b); and
(d) the person may, as a result of undertaking each of the short courses, receive an accreditation or an award from an educational institution for another approved course of education or study within the meaning of paragraph 1061PB(1)(b);
each of the short courses is an articulated short course .
Participation in pension loans scheme
(11) For the purposes of this Act, a person is participating in the pension loans scheme if:
(a) the person has made a request to participate in the scheme under section 1136; and
(b) because of the request, the rate of the pension or allowance payable to the person is:
(i) the maximum payment rate; or
(ii) some other rate nominated by the person;
whichever is the lower; and
Note: For maximum payment rate see Step 4 of the Method statement in Module A of the relevant Pension Rate Calculator.
(c) the person owes a debt to the Commonwealth under section 1135.
(12) If:
(a) section 237 of the Administration Act applies to a notice of a decision under this Act; or
(b) sections 28A and 29 of the Acts Interpretation Act 1901 (the Interpretation Act ) apply to a notice under this Act;
section 237 of the Administration Act, or sections 28A and 29 of the Interpretation Act, as the case may be, apply to the notice even if the Secretary is satisfied that the person did not actually receive the notice.
(14) For the purposes of this Act other than Part 2.11 and the Youth Allowance Rate Calculator in section 1067G, each of the following is a family member in relation to a person (the relevant person ):
(a) the partner or a parent of the relevant person;
(b) a sister, brother or child of the relevant person;
(c) any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as one of the relevant person's relations described in paragraph (a) or (b).
Note: For parent see subsection 5(1), paragraph (a) of the definition of parent .
(15) For the purposes of Part 2.11 and the Youth Allowance Rate Calculator in section 1067G, each of the following is a family member in relation to a person (the relevant person ):
(a) a parent of the relevant person;
(b) a child of a parent of the relevant person who is wholly or substantially dependent on the parent, being either a child under 16 or a child who:
(i) is at least 16 years of age but has not yet attained the maximum age for youth allowance under section 543B (disregarding subsection 543B(2)); and
(ii) is not independent (see section 1067A); and
(iii) is not receiving a pension, benefit or allowance referred to in Module L of the Rate Calculator.
Note: For parent see subsection 5(1), paragraph (b) of the definition of parent .
(16) A reference in this Act to a social security payment being not payable includes a reference to its being not payable under the Administration Act.
(17) A reference in this Act to the social security law is a reference to this Act, the Administration Act and any other Act that is expressed to form part of the social security law.
(18) A reference in this Act to a provision of the social security law is a reference to a provision of this Act, the Administration Act or any other Act that is expressed to form part of the social security law.
(19) In this Act, the expressions transfer day and transferee , in relation to a person or a social security pension or benefit, have the same meaning as they have in the Administration Act.
(20) For the purposes of this Act, a full‑time student load , for a course of study, is the study load represented by units of study, forming part of the course, that have a total EFTSL value of one EFTSL.
(21) Expressions used in subsection (20) that are defined in the Higher Education Support Act 2003 have in that subsection, unless the contrary intention appears, the same meaning as in that Act.
(22) For the purposes of this Act, if one person is the relationship child of another person, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
(23) Subsection (22) does not apply for the purposes of determining when a person and his or her partner are within a prohibited relationship under subsection 4(12).
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