SOCIAL SECURITY (ADMINISTRATION) ACT 1999
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 2A Application of the Criminal Code
- 3 Interpretation
- 5 Manner of giving notice
- 6 Effect of certain determinations
- 6A Secretary may arrange for use of computer programs to make decisions
- 6B Norfolk Island
PART 2--GENERAL--ADMINISTRATION OF SOCIAL SECURITY LAW
- 7 General administration of social security law
- 8 Principles of administration
- 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
- 12AA One - off payments to carers
- 12AB Economic security strategy payment and training and learning bonus
- 12AC One - off energy assistance payment
- 12AD 2019 one - off energy assistance payment
- 12AE 2020 economic support payment
- 12AF Additional economic support payments
- 12AG Remote engagement program payment
- 12AH 2022 cost of living payment
- 12B Language, literacy and numeracy supplement
- 12C Utilities allowance
- 12D Energy supplement
- 12DA Quarterly pension supplement
- 12DB Quarterly energy supplement
- 12E Child disability assistance
- 12F Carer allowance
- 12G Carer supplement
- 12H Relocation scholarship payment
- 12K Clean energy advance
- 12L FHA supplement and relief payment
- 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
- 14A Determination for purposes of sections 13 and 14
- 15 Deemed claim--incorrect or inappropriate claims
- 15A Deemed claim--certain claims for carer allowance 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
- 19 Special requirements regarding claims for essential medical equipment payment 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 EB--Time limits for claims for student start-up loans
- 26C Time limit for claim Subdivision F--Time limit for claims for fares allowance
- 27 Time limit for claim Subdivision FAA--Time limit for claims for Disaster Recovery Allowance
- 27AA Time limit for claims for Disaster Recovery Allowance Subdivision FA--Time limit for claims for AGDRP
- 27A Time limit for claim Subdivision FB--Time limit for claims for AVTOP
- 27B Time limit for claims for AVTOP 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 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
- 35B Secondary victim claims for AVTOP
Division 2--Determination of claim
- 36 Obligation of Secretary to determine claim
- 37 Grant of claim
- 37AA Grant of claim--schooling requirements
- 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 2A--Employment pathway plans
Subdivision A--Entry into employment pathway plans- 40A Requirement to enter into employment pathway plans
- 40B Use of technological processes
- 40C Use of questionnaire
- 40D Employment pathway plans--plans developed by the Employment Secretary
- 40E Employment pathway plans--streamlined processes
- 40F Employment pathway plan matters
- 40G Employment pathway plans--examples of requirements Subdivision B--What employment pathway plans must not contain
- 40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work
- 40J Employment pathway plans not to contain requirements to participate in an approved program of work
- 40K Employment pathway plans not to contain certain other requirements Subdivision C--Exemptions from employment pathway plan requirements
- 40L Circumstances making it unreasonable etc. to comply with requirements
- 40M Death of person's partner
- 40N Domestic violence
- 40P Caring responsibilities
- 40Q Pre - natal and post - natal relief
- 40R Persons engaged in work
- 40S Jobseeker payment rules only
- 40T Exceptional circumstances
- 40U General rules Subdivision D--Variation, cancellation and review of employment pathway plans
- 40V Variation, cancellation and review of employment pathway plans Subdivision E--Notification of circumstances preventing or affecting compliance with employment pathway plans
- 40W Notification of circumstances preventing or affecting compliance with employment pathway plans
Division 2B--Circumstances in which paid work is unsuitable
- 40X Circumstances in which paid work is unsuitable
Division 2C--Guidelines
- 40Y Guidelines
Division 3--Commencement of social security payment
Division 3AA--Compliance with participation payment obligations: persons other than declared program participants
Subdivision A--Introduction- 42AA Simplified outline of this Division
- 42AB Division not to apply to declared program participants Subdivision B--Failures for which compliance action must be taken
- 42AC Mutual obligation failures
- 42AD Work refusal failures
- 42AE Unemployment failures Subdivision C--Compliance action that must be taken for particular failures
- 42AF Compliance action for mutual obligation failures
- 42AG Compliance action for work refusal failures
- 42AH Compliance action for unemployment failures
- 42AI Reasonable excuses--matters that must or must not be taken into account
- 42AJ Reasonable excuses for mutual obligation failures--prior notification required for certain failures
- 42AK Relationship between provisions of this Subdivision Subdivision D--Effect of taking particular compliance action
- 42AL Payment suspension periods for mutual obligation failures and work refusal failures
- 42AM Reconnection requirements for mutual obligation failures and work refusal failures
- 42AN Reducing instalments of participation payments for mutual obligation failures
- 42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments
- 42AP Cancelling participation payments Subdivision E--Miscellaneous
- 42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes
- 42AR Minister to make determinations for purposes of this Division
- 42AS Relationship with section 80
Division 3A--Compliance with participation payment obligations: declared program participants
Subdivision A--Introduction- 42A Simplified outline of this Division
- 42B Application of this Division only to declared program participants Subdivision B--No show no pay failures
- 42C No show no pay failures
- 42D Deducting the penalty amount Subdivision C--Connection and reconnection failures
- 42E Connection failures
- 42F Requiring a person to apply for job vacancies
- 42G Reconnection requirements
- 42H Reconnection failures
- 42J Further reconnection requirements
- 42K Notification requirements
- 42L Deduction of penalty amount Subdivision D--Serious failures
- 42M Serious failure for persistent non - compliance
- 42N Serious failure for refusing or failing to accept an offer of paid work
- 42NA Comprehensive compliance assessment
- 42NC Determination about serious failure requirements and severe financial hardship
- 42P Consequences of serious failure
- 42Q Ending serious failure periods
- 42R Determining that participation payments payable Subdivision E--Unemployment resulting from a voluntary act or misconduct
- 42S Unemployment resulting from a voluntary act or misconduct Subdivision EA--Immediate non-payment of participation payments for certain failures
- 42SA Immediate non - payment of participation payments for certain failures Subdivision EB--Failures by certain recipients of parenting payments
- 42SB Suspension of payments for certain failures Subdivision EC--Non-attendance failures
- 42SC Non - attendance failures
- 42SD Deduction of penalty amount Subdivision F--General provisions
- 42T Legislative instrument determining method for working out penalty amount
- 42U Legislative instruments relating to reasonable excuse
- 42UA Prior notification of excuse
- 42V Deduction from any participation payment
- 42W Penalty amount not a debt
- 42X Payability
- 42Y Day of determination
- 42YA Relationship between Subdivisions of this Division
- 42Z Relationship with section 80
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
- 46B Payment of AVTOP
- 47 Payment of lump sum benefits
- 47A Payment of one - off payment to the aged
- 47AB Payment of carer supplement
- 47AC Payment of one - off energy assistance payment
- 47AD Payment of 2019 one - off energy assistance payment
- 47AE Payment of first 2020 economic support payment
- 47AF Payment of second 2020 economic support payment
- 47AG Payment of additional economic support payment 2020
- 47AH Payment of additional economic support payment 2021
- 47AI Payment of 2022 cost of living payment
- 47B Payment of one - off payments to carers
- 47C Payment of economic security strategy payments and training and learning bonuses
- 47CA Payment of activity supplement or farm financial assessment supplement
- 47CB Payment of FHA supplement or relief payment
- 47D Payment of clean energy advance
- 47DAA Payment of essential medical equipment payment
- 47DA Relocation scholarship payments
- 47DB Student start - up loans
- 48 Payment of telephone allowance
- 48A Payment of utilities allowance
- 48B Payment of energy supplement
- 48C Payment of quarterly pension supplement
- 48D Payment of quarterly energy supplement
- 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 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--payments to Commissioner of Taxation
- 61A Deduction at request of recipient--other payments
- 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.
- 63A Proof of life certificate
- 64 Effect of failing to comply with requirement to attend Department etc.
- 66 Notice to obtain foreign payment Subdivision B--Requirement to give information about change of circumstances etc.
- 66A General requirement to inform of a 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
- 70AA Person who is subject to the enhanced income management regime etc.
- 70A Person who is subject to the income management regime etc.
- 72 Provisions relating to notice
- 73 Application of provisions
- 74 Offence--failure to comply with notice Subdivision C--Provision of tax file numbers
- 75 Requesting tax file numbers
- 76 How request for tax file number is satisfied
- 77 Consequences of not giving 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--general
- 85AA Resumption of payment after cancellation or suspension--provision of proof of life certificate
- 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
- 95B Automatic suspension or cancellation--carer allowance
- 95C Social security payment--suspension instead of cancellation under section 93 or 94
- 95D Age pension--suspension instead of cancellation under section 93 or 94
- 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)
- 97C Age pension, disability support pension and carer payment--suspension instead of cancellation under section 93 or 94 (partners)
- 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 or veteran payment 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, 85AA or 85A
- 108 Definition
- 109 Date of effect of favourable determination resulting from review
- 109A Date of effect of determination under section 78 resulting from review required by section 126A
- 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
- 114A Date of effect of favourable determination--portability extensions 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
Division 11--Estimates and verification of maintenance income for Youth Allowance Rate Calculator
- 123AA Estimate of maintenance income for Youth Allowance Rate Calculator
- 123AB Verification of maintenance income for Youth Allowance Rate Calculator
- 123AC Annualised maintenance income free area
- 123AD Annual amount of estimated maintenance income
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 n ominee 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 3AA--ENHANCED--INCOME MANAGEMENT REGIME
Division 1--Introduction
Division 2--Persons subject to the enhanced income management regime
Subdivision A--Queensland Commission- 123SC Persons subject to the enhanced income management regime--Queensland Commission Subdivision B--Child protection
- 123SCA Persons subject to the enhanced income management regime--child protection Subdivision C--School enrolment and attendance
- 123SCB Persons subject to the enhanced income management regime--school enrolment
- 123SCC Persons subject to the enhanced income management regime--school attendance
- 123SCD Eligible care child
- 123SCE Eligible care period
- 123SCF Declared primary school area and declared secondary school area
- 123SCG Applicable school period
- 123SCH Unsatisfactory school attendance situation
- 123SCI Formal warning--unsatisfactory school attendance situation Subdivision D--Referrals by recognised State/Territory authority
- 123SCJ Persons subject to the enhanced income management regime--referrals by recognised State/Territory authority
- 123SCK Recognised State/Territory authority Subdivision E--Vulnerable welfare payment recipients
- 123SCL Persons subject to the enhanced income management regime--vulnerable welfare payment recipients
- 123SCM Determination by Secretary--vulnerable welfare payment recipient Subdivision F--Disengaged youth and long-term welfare payment recipients
- 123SD Persons subject to the enhanced income management regime--Northern Territory
- 123SDA Persons subject to the enhanced income management regime--persons residing in other areas
- 123SDB Exempt welfare payment recipient--inclusion in specified class
- 123SDC Exempt welfare payment recipient--person is not the principal carer of a child
- 123SDD Exempt welfare payment recipient--person is the principal carer of a child
- 123SDE Full - time student
- 123SDF School age child Subdivision G--Volunteers
- 123SE Persons subject to the enhanced income management regime--volunteers
- 123SF Voluntary enhanced income management agreement
- 123SG Duration of voluntary enhanced income management agreement
- 123SH Termination of voluntary enhanced income management agreement Subdivision H--Relationship with other provisions
- 123SI Relationship with other provisions
- 123SIA Requests to transfer from the income management regime
Division 3--Portioning of welfare payments
Subdivision A--Persons subject to the enhanced income management regime--Queensland Commission- 123SJ Category B welfare payment to be split into qualified and unqualified portions
- 123SK Payment of balance of qualified portion of category B welfare payment
- 123SL Recipient's use of funds from category B welfare payments Subdivision AA--Persons subject to the enhanced income management regime--child protection
- 123SLA Category B welfare payment to be split into qualified and unqualified portions
- 123SLB Payment of balance of qualified portion of category B welfare payment
- 123SLC Recipient's use of funds from category B welfare payments Subdivision AB--Persons subject to the enhanced income management regime--school enrolment and attendance
- 123SLD Category B welfare payment to be split into qualified and unqualified portions
- 123SLE Payment of balance of qualified portion of category B welfare payment
- 123SLF Recipient's use of funds from category B welfare payments Subdivision AC--Persons subject to the enhanced income management regime--referrals by recognised State/Territory authority
- 123SLG Category B welfare payment to be split into qualified and unqualified portions
- 123SLH Payment of balance of qualified portion of category B welfare payment
- 123SLI Recipient's use of funds from category B welfare payments Subdivision AD--Persons subject to the enhanced income management regime--vulnerable welfare payment recipients
- 123SLJ Relevant payment to be split into qualified and unqualified portions
- 123SLK Payment of balance of qualified portion of relevant payment
- 123SLL Recipient's use of funds from relevant payments Subdivision B--Persons subject to the enhanced income management regime--disengaged youth and long-term welfare payment recipients
- 123SM Category D welfare payment to be split into qualified and unqualified portions
- 123SN Payment of balance of qualified portion of category D welfare payment
- 123SO Recipient's use of funds from category D welfare payments Subdivision C--Persons subject to the enhanced income management regime--volunteers
- 123SP Category B welfare payment to be split into qualified and unqualified portions
- 123SQ Payment of balance of qualified portion of category B welfare payment
- 123SR Recipient's use of funds from category B welfare payments
Division 4--Information
- 123SS Disclosure of information to the Secretary--financial institution
- 123ST Disclosure of information--Queensland Commission
- 123STA Disclosure of information--child protection
- 123STB Disclosure of information--school enrolment and attendance
- 123STC Disclosure of information--referrals by recognised State/Territory authority
Division 5--Other matters
- 123SU BasicsCard bank accounts
- 123SV Exceptions to Part IV of the Competition and Consumer Act 2010
- 123SVA Periodic estimates of cost of enhanced income management regime
- 123SW This Part has effect despite other provisions etc.
PART 3B--INCOME--MANAGEMENT REGIME
Division 1--Introduction
- 123TA Simplified outline
- 123TB Objects
- 123TC Definitions
- 123TF Declared child protection State or Territory
- 123TG Declared primary school area and declared secondary school area
- 123TGAA Recognised State/Territory authority
- 123TGAB Recognised State or Territory
- 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
- 123UC Persons subject to the income management regime--child protection
- 123UCA Persons subject to the income management regime--vulnerable welfare payment recipients
- 123UCB Persons subject to the income management regime--disengaged youth
- 123UCC Persons subject to the income management regime--long - term welfare payment recipients
- 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
- 123UFAA Persons subject to the income management regime--other State/Territory referrals
- 123UFA Persons subject to the income management regime--voluntary income management agreement Subdivision BA--Additional provisions relating to vulnerable welfare payment recipients
- 123UGA Vulnerable welfare payment recipients Subdivision BB--Additional provisions relating to disengaged youth and long-term welfare payment recipients
- 123UGB Exempt welfare payment recipient--inclusion in specified class
- 123UGC Exempt welfare payment recipient--person is not the principal carer of a child
- 123UGD Exempt welfare payment recipient--person is the principal carer of a child
- 123UGF Full - time student
- 123UGG School age child 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 Subdivision E--Relationship with Part 3AA
- 123UP Payment of credit balances of income management account to BasicsCard bank account
Division 3--Establishment of the Income Management Record
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
- 123WJA Ceasing payment of credit balances of income management accounts--person becomes subject to the income management regime again
- 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 B--Child protection- 123XI Deductions from category I welfare payments--instalments
- 123XJ Deductions from category I welfare payments--lump sums Subdivision BA--Vulnerable welfare payment recipients
- 123XJA Deductions from category I welfare payments--instalments
- 123XJB Deductions from category I welfare payments--lump sums Subdivision BB--Disengaged youth and long-term welfare payment recipients
- 123XJC Deductions from category I welfare payments--instalments
- 123XJD 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 Commission
- 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 DAA--Other State/Territory referrals
- 123XPAA Deductions from category I welfare payments--instalments
- 123XPAB Deductions from category I 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 DB--Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments
- 123XPBA Deductions from 2020 economic support payments
- 123XPBB Deductions from additional economic support payments
- 123XPC Deductions from economic security strategy payments
- 123XPD Deductions from household stimulus payments
- 123XPE Deductions from 2022 cost of living payment Subdivision DC--Relocation scholarship payments
- 123XPG Deductions from relocation scholarship payments Subdivision DE--Clean energy income-managed payments
- 123XPJ Deductions from clean energy income - managed payments Subdivision DF--ETR income-managed payments
- 123XPK Deductions from ETR income - managed payments 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--Part 3B payment nominee
- 123YE Stored value cards--general
- 123YF Stored value cards--Part 3B payment nominee
- 123YG Expense payment--general
- 123YH Expense payment--Part 3B payment nominee
- 123YI Crediting of account--general
- 123YJ Crediting of account--Part 3B payment nominee
- 123YK Transfers to accounts--general
- 123YL Transfers to accounts--Part 3B payment nominee
- 123YM Restricted direct payment--general
- 123YN Restricted direct payment--Part 3B payment nominee Subdivision C--Unrestricted debits
- 123YO Unrestricted direct payment--general
- 123YP Unrestricted direct payment--Part 3B payment nominee Subdivision D--Miscellaneous action
- 123YQ Miscellaneous action
- 123YR Credit of income management account in error
Division 7--Information
- 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
- 123ZDA Other State/Territory referrals--notice of cancellation of category H welfare payments
- 123ZE Disclosure of information to the Secretary--child protection
- 123ZEA Disclosure of information to the Secretary--Queensland Commission
- 123ZEAA Disclosure of information to the Secretary--other State/Territory referrals
- 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
- 123ZIA Balance of income management account falls below value of action taken under Division 6
- 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account
- 123ZJA Action purportedly taken under Division 6 as a result of administrative error
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
- 123ZNA Recording of amounts in accounts and records
- 123ZO This Part has effect despite other provisions etc.
PART 3C--SCHOOLING--REQUIREMENTS
Division 1--General
- 124 Scope
- 124A Enrolment and attendance at school
- 124B Schooling requirement child
- 124C Schooling requirement determination
- 124D Schooling requirement payments
- 124E Application to payments under the Veterans' Entitlements Act
Division 2--School enrolment
- 124F School enrolment--enrolment notices
- 124G School enrolment--condition of schooling requirement payments
- 124H School enrolment--suspension or cancellation for non - compliance with enrolment notice
- 124J School enrolment--when payments become payable after suspension
Division 3--School attendance notices
- 124K School attendance--attendance notices
- 124L School attendance--condition of schooling requirement payments
- 124M School attendance--suspension or cancellation for non - compliance with attendance notice
- 124N School attendance--when payments become payable after suspension
Division 3A--School attendance plans
- 124NA When this Division applies
- 124NB Conference notices
- 124NC School attendance plans
- 124ND Compliance notices
- 124NE School attendance--condition of schooling requirement payments
- 124NF School attendance--suspension or cancellation for non - compliance with compliance notice
- 124NG School attendance--when payments become payable after suspension
Division 4--Information about schooling
- 124P Schooling requirements--information about schooling
Division 5--General provisions
- 124PA Relationship between Divisions of this Part
PART 4--INTERNAL--REVIEW OF DECISIONS
Division 1--Effect of Part
- 124Q Application of Part to decisions under repealed laws
- 125 Decisions by officers under instruments
Division 2--Internal review
- 126 Review of decisions by Secretary
- 126A Review of determination of youth allowance rate in relation to maintenance income
- 127 Decisions that are not reviewable by the Secretary
- 128 Notice to 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 2A--Internal review of certain Commissioner decisions relating to student start-up loans
- 138A Decisions reviewable under this Division
- 138B Commissioner must give reasons for reviewable decisions
- 138C Reviewer of decisions
- 138D Reviewer may reconsider reviewable decisions
- 138E Notice to AAT Registrar
- 138F Reconsideration of reviewable decisions on request
- 138G Withdrawal of request
- 138H AAT review of reviewable decisions
- 138J Decision changed before AAT review completed
PART 4A--REVIEW--BY THE AAT
Division 1--Preliminary
- 139 Simplified outline of this Part
Division 2--AAT first review
Subdivision A--Preliminary- 140 Application of Division
- 140A Definition of employment pathway plan decision Subdivision B--AAT first review: applications
- 142 Reviewable decisions
- 142A Person who made the decision
- 143 Application requirement--employment pathway plan 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 Subdivision C--AAT first review: relationship with AAT Act
- 147 Application and modification of AAT Act Subdivision D--AAT first review: other matters
- 148 Procedure on receipt of application for AAT first review
- 165A AAT's power to obtain information for AAT first review
- 166 Exercise by Secretary of powers under section 192
- 168 Hearing in private
- 176 Costs of review
- 177 Assessment of rate of social security payment
- 178 Notification of decisions and reasons for AAT first review
Division 3--AAT second review
Subdivision A--AAT second review: applications- 179 Application for AAT second review Subdivision B--AAT second review: relationship with AAT Act
- 180 Application and modification of AAT Act
Division 4--Matters relating to AAT first review and AAT second review
- 181 Settlement of proceedings before the AAT
- 182 Variation or substitution of decision before AAT review determined
- 183 Secretary or AAT may treat event as having occurred
PART 5--INFORMATION--MANAGEMENT
Division 1--Information gathering
- 191 Application of Division
- 191A Reasonable belief needed to require information or documents
- 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
- 197A Self - incrimination
- 197B Use of information in investigations etc.
- 198 Relationship with other 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 Definitions
- 202 Permitted obtaining of, making a record of, disclosure of or use of protected information
- 202A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information
- 203 Offence--unauthorised obtaining of protected information
- 204 Offence--unauthorised making a record of, disclosure of or 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 certain concession cards
- 241 Annual report
- 242 Appropriation
- 243 Regulations
- 243AA Review by Parliamentary Joint Committee on Human Rights
- 243A Review of operation of Youth Jobs PaTH program
- 243B Review by Senate Committee
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
- 255 Saving of steps in review process
- 256 Entitlements and liabilities
- 257 Transitional regulations