SOCIAL SECURITY (ADMINISTRATION) ACT 1999

Commonwealth Consolidated Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title [see Note 1]
2. Commencement [see Note 1]
2A. Application of the Criminal Code
3. Interpretation
4. Social security law
5. Manner of giving notice
6. Effect of certain determinations
6A. Secretary may arrange for use of computer programs to make decisions

PART 2--GENERAL ADMINISTRATION OF SOCIAL SECURITY LAW

7. General administration of social security law
8. Principles of administration
9. Government policy statements
10. Agreement on administrative arrangements

PART 3--PROVISION OF BENEFITS

Division 1--Claim for social security payment or concession card

Subdivision A--Need for claim

11. General rule

Subdivision B--Cases where claim not necessary

12. Deemed claim in certain cases
12A. One-off payment to the aged
12AAA. One-off payments to older Australians
12AA. One-off payments to carers
12B. Language, literacy and numeracy supplement
12C. Utilities allowance
12D. Seniors concession allowance
12E. Child disability assistance
13. Deemed claim--person contacting Department about a claim for a social security payment
14. Deemed claim--person contacting Department about a claim for a concession card
15. Deemed claim--incorrect or inappropriate claims

Subdivision C--Manner of making a claim

16. How to make a claim
17. Special requirements regarding claims for pension bonus
18. Additional provisions regarding claim for special employment advance

Subdivision D--Time limits for claims for maternity allowance and maternity immunisation allowance

Subdivision E--Time limits for claims for pension bonus

20. Interpretation
21. General rule
22. Last bonus period a full-year period
23. Last bonus period a part-year period
24. Claim by exempt partnered person
25. Claim where membership has become non-accruing
26. Claim where person has post-75 work period

Subdivision EA--Time limits for claims for pension bonus bereavement payment

26A. General rule
26B. Extension

Subdivision F--Time limit for claims for fares allowance

27. Time limit for claim

Subdivision FA--Time limit for claims for AGDRP

27A. Time limit for claim

Subdivision G--Age requirement for certain claims

28. Claims for disability support pension

Subdivision H--Residence requirements for claimants

29. General rule
30. Residence requirements for claimants for special benefit
30A. Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas
31. Exclusion of certain claims from requirements of section 29
31A. Exclusion of certain claims by special category visa holders from section 29 residence requirement
32. Claims for sickness allowance

Subdivision I--Withdrawal of claim

33. Right to withdraw
34. Manner of withdrawal

Subdivision J--Special provision for certain claims

35. Claims by persons in gaol etc.
35A. Claims for advance pharmaceutical allowance

Division 2--Determination of claim

36. Obligation of Secretary to determine claim
37. Grant of claim
37A. Duration of certain health care cards
38. Refusal of claim for special employment advance
39. Deemed refusal of claim
40. Rejection of claim for failure to obtain foreign payment

Division 3--Commencement of social security payment

41. Commencement
42. Start day

Division 4--Payment of social security payment

43. Payment by instalments
44. Payment of instalments to person or nominee
45. Payment of youth allowance--person under 18 and not independent
46. Payment of special employment advance
46A. Payment of AGDRP
47. Payment of lump sum benefits
47A. Payment of one-off payment to the aged
47AA. Payment of one-off payments to older Australians
47B. Payment of one-off payments to carers
48. Payment of telephone allowance
48A. Payment of utilities allowance
48B. Payment of seniors concession allowance
49. Timing of payment of fares allowance
50. To whom fares allowance is to be paid
50A. Payment of child disability assistance
51. Advance in case of severe financial hardship
52. Payment of certain amounts outside Australia
53. Payment of instalments where pension received under other legislation
54. Rounding off instalments of social security payments
55. Payment into bank account etc.
56. Youth allowance--failure to nominate parent
57. Change of particular payday
58. Payment of social security payment, other than pension bonus and pension bonus bereavement payment, after death
59. Payment of pension bonus or pension bonus bereavement payment after death

Division 5--Protection of social security payments

60. Protection of social security payment
61. Deduction at request of recipient
62. Effect of garnishee or attachment order

Division 6--Requirement to provide information, undergo medical examination etc

Subdivision A--General

63. Requirement to attend Department etc.
64. Requirement to undergo medical examination etc.
65. Medical certificate in support of claim for sickness allowance
66. Notice to obtain foreign payment

Subdivision B--Requirement to give information about change of circumstances etc

67. Person who has made a claim
68. Person receiving social security payment or holding concession card
69. Person who has received a social security payment or who has held a concession card
70. Care receiver in respect of whom carer payment being made
70A. Person who is subject to the income management regime etc.
72. Provisions relating to notice
73. Application of notice provisions
74. Offence--failure to comply with notice

Subdivision C--Provision of tax file numbers

75. Secretary's power to request tax file numbers
76. Effect of failure by person to satisfy request for person's tax file number
77. Effect of failure by person to satisfy request for partner's or related person's tax file number

Division 7--Various determinations

Subdivision A--Provisions relating to social security payments

78A. When this Subdivision does not apply
78. Rate increase determination
79. Rate reduction determination
80. Cancellation or suspension determination
81. Cancellation or suspension for non-compliance with certain notices
81A. Rate reduction determination for non-compliance with notice relating to rent assistance
82. Cancellation or suspension for failure to take action to obtain foreign payment
83. Changes to payments by computer
84. Automatic transfer by computer
85. Resumption of payment after cancellation or suspension
85A. Rate increase determination following rate reduction for non-compliance with notice relating to rent assistance

Subdivision B--Provisions relating to concession cards

86. Cancellation--person not qualified
87. Cancellation--non-compliance with certain notices
88. Changes to qualification by computer
89. Resumption of qualification

Division 8--Automatic cancellations and variations

Subdivision A--Social security payments

90A. When this Subdivision does not apply
90. Automatic cancellation--transfer to new payment type
91. Automatic cancellation of parenting payment on transfer to new payment type--member of couple
93. Automatic cancellation--recipient complying with subsection 68(2) notice
94. Automatic cancellation--recipient not complying with subsection 68(2) notice
95. Automatic cancellation--failure to provide statement under subsection 68(2)
95A. Automatic cancellation of carer payment for non-compliance with section 70 notice
96. Disability support pension--suspension instead of cancellation under section 93
97. Disability support pension--suspension taken to have been under section 96
97A. Disability support pension--suspension instead of cancellation under section 94 (person obtains work)
97B. Disability support pension--suspension instead of cancellation under section 94 (person's income)
98. Automatic rate reduction--partner starting to receive pension or benefit
99. Automatic rate reduction--recipient complying with subsection 68(2) notice
100. Automatic rate reduction--recipient not complying with subsection 68(2) notice
101. Automatic rate reduction--receipt of pension by person receiving parenting payment
103. Changes to payments by computer following automatic cancellation or reduction

Subdivision B--Concession cards

104. Automatic cancellation--holder complying with subsection 68(4) notice
105. Automatic cancellation--holder not complying with subsection 68(4) notice
106. Changes by computer following automatic cancellation
106A. Automatic cancellation on cessation of qualification

Subdivision C--Additional provision for certain pensioner concession cards and automatic issue health care cards

106B. Automatic cancellation

Division 9--Date of effect of determinations

Subdivision A--Determinations relating to claims

107. General rule

Subdivision B--Determinations under section 78, 81A, 85 or 85A

108. Definition
109. Date of effect of favourable determination resulting from review
110. Date of effect of favourable determination
110A. Date of effect of favourable determinations resuming payment after suspensions relating to non-compliance
111. Date of effect of section 78 determination resulting from indexation or adjustment
114. Date of effect of other favourable determinations

Subdivision C--Determinations under section 89

115. Definition
116. Date of effect of favourable determination resulting from review--concession cards

Subdivision D--Date of effect of adverse determinations relating to social security payments

117. Definition
118. Date of effect of adverse determinations--general rules
120. Additional rules in the case of carer payment

Subdivision E--Date of effect of adverse determinations relating to concession cards

121. Definition
122. Date of effect of adverse determinations

Division 10--Continuing effect of determinations

123. Continuing effect of determinations

PART 3A--NOMINEES

Division 1--Preliminary

123A. Definitions

Division 2--Appointment of nominees

123B. Appointment of payment nominee
123C. Appointment of correspondence nominee
123D. Provisions relating to appointments
123E. Suspension and revocation of nominee appointments

Division 3--Payments to payment nominee

123F. Payment of instalments etc. to payment nominee

Division 4--Functions and responsibilities of nominees

123G. Definition
123H. Actions of correspondence nominee on behalf of benefit recipient
123I. Giving of notices to correspondence nominee
123J. Compliance by correspondence nominee
123K. Notification by nominee of matters affecting ability to act as nominee
123L. Statement by payment nominee regarding disposal of money

Division 5--Other matters

123M. Protection of principal against liability for actions of nominee
123N. Protection of nominee against criminal liability
123O. Duty of nominee to principal
123P. Saving of Secretary's powers of revocation
123Q. Saving of Secretary's powers to give notices to principal
123R. Notification of nominee where notice given to principal
123S. Right of nominee to attend with principal

PART 3B--INCOME MANAGEMENT REGIME

Division 1--Introduction

123TA. Simplified outline
123TB. Objects
123TC. Definitions
123TD. Relevant Northern Territory area
123TE. Declared relevant Northern Territory area
123TF. Declared child protection State or Territory
123TG. Declared primary school area and declared secondary school area
123TGA. Declared voluntary income management area
123TH. Priority needs
123TI. Excluded goods and excluded services
123TJ. Pornographic material
123TK. Eligible recipient

Division 2--Persons subject to the income management regime

Subdivision A--Situations in which a person is subject to the income management regime

123UA. Persons subject to the income management regime
123UB. Persons subject to the income management regime--relevant Northern Territory area
123UC. Persons subject to the income management regime--child protection
123UD. Persons subject to the income management regime--school enrolment
123UE. Persons subject to the income management regime--school attendance
123UF. Persons subject to the income management regime--Queensland Commission
123UFA. Persons subject to the income management regime--voluntary income management agreement

Subdivision B--Exempt

123UG. Exempt Northern Territory persons

Subdivision C--Additional provisions relating to school enrolment and attendance

123UH. Eligible care child
123UI. Applicable school period
123UJ. Eligible care period
123UK. Unsatisfactory school attendance situation
123UL. Formal warning--unsatisfactory school attendance situation

Subdivision D--Voluntary income management agreements

123UM. Voluntary income management agreement
123UN. Duration of voluntary income management agreement
123UO. Termination of voluntary income management agreement
123UP. Consent for payment nominee to enter voluntary income management agreement

Division 3--Establishment of the Income Management Special Account

123VA. Establishment of the Income Management Special Account
123VB. Special Account not held on trust etc.
123VC. Bank account

Division 4--Income management accounts

Subdivision A--Income management accounts

123WA. Income management accounts
123WB. Opening of income management accounts
123WC. Closing of income management accounts
123WD. Income management accounts may have a nil balance
123WE. One income management account per person
123WF. Credits to, and debits from, a person's income management account

Subdivision B--Account statements

123WG. Internet and telephone access to account statements etc.
123WH. Person may request account statements
123WI. Account statements to be given

Subdivision C--Miscellaneous

123WJ. Payment of credit balances of income management accounts--person ceases to be subject to the income management regime
123WK. Payment into bank account etc. of credit balances of income management accounts--person ceases to be subject to the income management regime
123WL. Payment of credit balances of income management accounts--person dies
123WM. Payment into bank account etc. of credit balances of income management accounts--person dies
123WN. Crediting of amounts to income management accounts--Ministerial rules

Division 5--Deductions from welfare payments

Subdivision A--Relevant

123XA. Deductions from category B welfare payments--instalments
123XB. Deductions from category B welfare payments--lump sums
123XC. Deductions from category C welfare payments--instalments
123XD. Deductions from category C welfare payments--lump sums
123XE. Deductions from category F welfare payments--instalments
123XF. Deductions from category F welfare payments--lump sums
123XG. Deductions from category G welfare payments--instalments
123XH. Deductions from category G welfare payments--lump sums

Subdivision B--Child protection

123XI. Deductions from category I welfare payments--instalments
123XJ. Deductions from category I welfare payments--lump sums

Subdivision C--School enrolment and attendance

123XK. Deductions from category I welfare payments--instalments
123XL. Deductions from category I welfare payments--lump sums

Subdivision D--Queensland

123XM. Deductions from category Q welfare payments--instalments
123XN. Deductions from category Q welfare payments--lump sums
123XO. Deductions from category S welfare payments--instalments
123XP. Deductions from category S welfare payments--lump sums

Subdivision DA--Voluntary income management agreements

123XPA. Deductions from category I welfare payments--instalments
123XPB. Deductions from category I welfare payments--lump sums

Subdivision E--Deducted amount taken to have been paid

123XQ. Deducted amount taken to have been paid

Division 6--Debits from income management accounts

Subdivision A--General

123YA. Priority needs--application of income management account
123YB. Secretary must have regard to the best interests of children

Subdivision B--Restricted debits

123YC. Vouchers--general
123YD. Vouchers--designated nominee
123YE. Stored value cards--general
123YF. Stored value cards--designated nominee
123YG. Expense payment--general
123YH. Expense payment--designated nominee
123YI. Crediting of account--general
123YJ. Crediting of account--designated nominee
123YK. Transfers to accounts--general
123YL. Transfers to accounts--designated nominee
123YM. Restricted direct payment--general
123YN. Restricted direct payment--designated nominee

Subdivision C--Unrestricted debits

123YO. Unrestricted direct payment--general
123YP. Unrestricted direct payment--designated nominee

Subdivision D--Miscellaneous action

123YQ. Miscellaneous action

Division 7--Information

123ZA. Information-gathering powers--Northern Territory
123ZB. Information-gathering powers--school enrolment and attendance
123ZC. Child protection--notice of cancellation of category H welfare payments
123ZD. Queensland Commission--notice of cancellation of welfare payments
123ZE. Disclosure of information to the Secretary--child protection
123ZEA. Disclosure of information to the Secretary--Queensland Commission
123ZEB. Disclosure of information to the Secretary--school enrolment and attendance

Division 8--Debt recovery etc

123ZF. Person other than payee obtaining payment of a cheque
123ZG. Misuse of vouchers and stored value cards
123ZH. Repayment of money credited to an account
123ZI. Breach of condition relating to crediting of account
123ZJ. Value of action taken under Division 6 exceeds credit balance of income management account

Division 9--Miscellaneous

123ZK. Secretary must comply with certain directions given by the Queensland Commission
123ZL. Surrender of unused vouchers and unused stored value cards
123ZM. Vouchers
123ZN. Appropriation
123ZO. This Part has effect despite other provisions etc.

PART 4--REVIEW OF DECISIONS

Division 1--Effect of Part

124. Application of Part to decisions under repealed laws
125. Decisions by officers under instruments

Division 2--Internal review

126. Review of decisions by Secretary
127. Decisions that are not reviewable by the Secretary
128. Notice to Executive Director or AAT Registrar
129. Application for review
130. Withdrawal of application
131. Secretary may continue payment pending outcome of application for review
132. Guidelines for exercise of Secretary's power to continue payment
135. Review of decisions following application under section 129
136. Notice of decision on review
137. Certain decisions not to be revived
138. Notification of further rights of review

Division 3--Review by the Social Security Appeals Tribunal

Subdivision A--Preliminary

139. Continuance of Social Security Appeals Tribunal

Subdivision B--Review by SSAT

140. Application of Division
141. SSAT objective
142. Application for review by SSAT
143. Application requirement for certain decisions
144. Non-reviewable decisions
145. Secretary may continue payment pending outcome of application for review
146. Guidelines for exercise of Secretary's power to continue payment
149. SSAT review powers
150. SSAT review powers (Activity Agreement decisions)
151. Powers of the SSAT
152. Date of effect of SSAT decisions (other than Activity Agreement decisions)
153. Date of effect of SSAT decision (Activity Agreement decision)
154. Application requirements
155. Variation of decision before review completed
156. Parties to SSAT review

Division 4--Procedures for review by the SSAT

Subdivision A--Preliminary procedures

157. Procedure on receipt of application for review by SSAT
158. Parties to be given a statement about the decision under review
159. Arrangements for hearing of application
160. Notice of application to person affected by decision

Subdivision B--How the SSAT informs itself about the decision under review

161. Submissions to SSAT
162. SSAT hearings on written submissions only
163. SSAT hearings without oral submissions by party
164. Evidence on oath or affirmation
165. Provision of further information by Secretary
166. Exercise by Secretary of powers under section 192

Subdivision C--The hearing

167. Hearing procedure
168. Hearing in private
169. Restrictions on disclosure of information obtained at hearing

Subdivision D--Other procedural matters

170. Adjournment of SSAT hearings
171. Withdrawal of application for review
172. Dismissal of an application
173. Chairperson for each SSAT hearing
174. Decision of questions before SSAT
175. Directions as to procedure for hearings
176. Costs of review

Subdivision E--Notification of decisions

177. Procedure following SSAT decision

Division 5--Review by the Administrative Appeals Tribunal

Subdivision A--Preliminary

178. Application of Division

Subdivision B--Right to review by AAT

179. Review of decisions by AAT
180. Variation of decision before AAT review completed
181. Review by AAT limited to decisions reviewed by SSAT
182. Settlement of proceedings before the AAT

Subdivision C--Modification of Administrative Appeals Tribunal Act

183. Definition
184. Notice of application for review
185. Parties to a review by the AAT
186. Lodgment of documents with the AAT
187. Power of AAT to obtain additional information
188. Operation and implementation of the decision under review
189. Failure of party to appear

PART 5--INFORMATION MANAGEMENT

Division 1--Information gathering

191. Application of Division
192. General power to obtain information
193. Power to obtain information from a person who owes a debt to the Commonwealth
194. Obtaining information about a person who owes a debt to the Commonwealth
195. Obtaining information to verify claims etc.
196. Written notice of requirement
197. Offence--failure to comply with requirement
198. Obligations not affected by State or Territory laws

Division 2--End-of-employment statements

199. Request for end-of-employment statement
200. Offence--failure to give end-of-employment statement

Division 3--Confidentiality

201. Operation of Division
201A. Definition of officer
202. Protection of personal information
203. Offence--unauthorised access to information
204. Offence--unauthorised use of protected information
204A. Use of tax file numbers
205. Offence--soliciting disclosure of protected information
206. Offence--offering to supply protected information
207. Protection of certain documents etc. from production to court etc.
208. Disclosure of information by Secretary
209. Guidelines for exercise of Secretary's disclosure powers
210. Officer's declaration

PART 6--OFFENCES

Division 1--Preliminary

211. Application of Part

Division 2--Offences

212. False statement in connection with claim or hardship request
213. False statement to deceive or affect rates
214. False statement or document
215. Obtaining payment that is not payable
216. Payment obtained through fraud etc.

Division 3--Penalties

217. Penalty for contravention of Division 2
218. Repayment of social security payment
219. Penalty where person convicted of more than one offence

Division 4--Procedural matters

220. Joining of charges
221. Particulars of each offence
222. Trial of joined charges
223. Evidentiary effect of Secretary's certificate
224. Enforcement of court certificate as judgment

Division 5--Liability of certain employers and principals for offences

Subdivision A--Interpretation

225. State of mind of a person
228. Offence

Subdivision C--Proceedings against non-corporations

231. State of mind of individual
232. Conduct of employee or agent
233. Exclusion of imprisonment as penalty for certain offences

PART 7--MISCELLANEOUS

234. Delegation
235. Authorised review officers
236. Decisions to be in writing
237. Notice of decisions
238. Payments to Commissioner of Taxation or the Child Support Registrar
239. Judicial notice of certain matters
240. Documentary evidence
240A. Form of cards
240B. Restrictions on listing of dependants
240C. Issue of replacement card on expiry of automatic issue card
241. Annual report
242. Appropriation
243. Regulations

PART 8--TRANSITIONAL AND SAVING PROVISIONS

244. Construction of references to 1991 Act
245. Correspondence of provisions
246. Saving of social security payments and concession cards
247. Saving of instruments under 1991 Act
248. Saving of claims for social security payments and concession cards
249. Transitional instalment period
250. Application for amount owing at recipient's death
251. Power to obtain information about events etc. before 20 March 2000
252. Unfinished reviews by Secretary
253. Unfinished reviews by SSAT
254. Unfinished reviews by AAT
255. Saving of steps in review process
256. Entitlements and liabilities
257. Transitional regulations
SCHEDULE 1 Dictionary
SCHEDULE 2 Rules for working out start day
SCHEDULE 3 Constitution and membership of the Social Security Appeals Tribunal
SCHEDULE 4 Forms of oath and affirmation
SCHEDULE 5 Provisions consequential on the enactment of the Commonwealth Services Delivery Agency Act 1997

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