SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123ZO This Part has effect despite other provisions etc.
SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123ZO
This Part has effect despite other provisions etc.This Part has effect despite anything in:
(a) any other provision of this Act; or
(c) the Family Assistance Act; or
(d) the Family Assistance Administration Act; or
(e) the Student Assistance Act 1973 ; or
(f) the Veterans' Entitlements Act.
This Division is about the Secretary taking action to ensure that people (other than declared program participants) meet their obligations in relation to participation payments. The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.
A person commits a mutual obligation failure for failing to comply with obligations relating to participation payments, such as attending appointments, undertaking activities, or taking action to gain paid work. A person commits a work refusal failure for failing to accept an offer of paid work (except paid work that is unsuitable to be done by the person). A person commits an unemployment failure for becoming unemployed because of a voluntary act (except a reasonable act) or misconduct.
For a mutual obligation failure or a work refusal failure, the participation payment may not be payable until the person complies with a reconnection requirement. The person may then receive back pay. The participation payment must be cancelled if the person fails to comply with the reconnection requirement within 4 weeks.
If a person who commits a mutual obligation failure has persistently committed mutual obligation failures and does not have a reasonable excuse then, depending on the circumstances, the person's participation payment may be reduced by either 50% or 100% for a period (in addition to not being payable) or be cancelled. In addition, a participation payment may be cancelled if a person does not have a reasonable excuse for a work refusal failure. No participation payments are payable to a person for 4 weeks if a participation payment is cancelled for a mutual obligation failure or a work refusal failure.
If a person commits an unemployment failure, participation payments may not be payable to the person for either 4 or 6 weeks, depending on whether relocation assistance had been paid to help the person take up the employment concerned. Also, the person's participation payment may be cancelled if he or she was receiving a participation payment when the unemployment failure was committed.
The Secretary may determine that a declared program participant commits a no show no pay failure, a connection failure, a reconnection failure or a serious failure.
A declared program participant commits such a failure by failing to comply with his or her obligations in relation to a participation payment. The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.
For a no show no pay failure, a penalty amount is deducted from the participant's participation payment.
For a connection failure, a requirement may be imposed on the participant (and if the participant fails to comply with the requirement, the participant commits a reconnection failure).
For a reconnection failure, generally a penalty amount is deducted from the participant's participation payment until the participant complies with a requirement imposed on the participant.
For a serious failure, a participation payment is not payable to the participant for 8 weeks. The 8 week period may be ended in certain circumstances.
The Secretary may also determine that a declared program participant is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the participant for either 8 or 12 weeks, depending on the circumstances.
The Secretary may also determine that a participation payment is not payable to a declared program participant for a period because of certain failures. Once that period ends, the participant may be able to receive back pay. For a failure to attend an appointment, a penalty amount may be deducted from the participant's participation payment.
Method statement
Step 1. Work out the total amount payable to the person in respect of the social security payment that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount .
Method statement
Step 1. Work out the amount of maintenance income for a parent of the person for the income year using the information referred to in paragraph 126A(c). In doing so:
(a) assume that the person is an FTB child of the parent for the year; and
(b) only take into account maintenance income received in relation to the person; and
(c) in working out whether maintenance income is received in relation to the person, have regard to the considerations that would apply under the Family Assistance Act.
This amount is the parent's actual maintenance income for the income year.
Step 2. Work out the annualised maintenance income free area for the parent for the income year under section 123AC.
Step 3. Work out the annual amount of estimated maintenance income for the parent under section 123AD.
Step 4. Go to subsection (2) if the actual maintenance income is equal to or more than the annual amount of estimated maintenance income and either:
(a) the actual maintenance income is less than 125% of the annualised maintenance income free area; or
(b) the actual maintenance income is equal to or more than 125% of the annualised maintenance income free area and the actual maintenance income is less than 125% of the annual amount of estimated maintenance income.
Step 5. Go to subsection (3) in any other case.
Method statement
Step 1. Using Submodule 4 of Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, work out whether the maintenance income free area (the MIFA ) for the parent was the same on all days in the income year. If it was, then that MIFA is the annualised maintenance income free area for the parent for the income year.
Step 2. If the MIFA for the parent was not the same on all days in the income year, work out for how many days in the income year each MIFA applied.
Step 3. Work out the MIFA share for each such period by using this formula:
Step 4. Add up the MIFA share for each such period in the income year. The result is the annualised maintenance income free area for the parent for the income year.
Method statement
Step 1. For each estimate of maintenance income of a parent of a person that applied in relation to a period in the income year, work out the annualised estimate by multiplying the amount of the estimate by:
Step 2. For each annualised estimate worked out in step 1 for the income year, work out the period estimate by multiplying the annualised estimate by:
Step 3. Add up all the period estimates for periods that occurred in the income year. This is the annual amount of estimated maintenance income for the parent for the income year.
• There is an enhanced income management regime for recipients of certain welfare payments.
• A person may become subject to the enhanced income management regime because:
(a) the Queensland Commission requires the person to be subject to the enhanced income management regime; or
(b) a child protection officer of a State or Territory requires the person to be subject to the enhanced income management regime; or
(c) the person, or the person's partner, has a child who does not meet school enrolment requirements; or
(d) the person, or the person's partner, has a child who has unsatisfactory school attendance; or
(e) an officer or employee of a recognised State/Territory authority requires the person to be subject to the enhanced income management regime; or
(f) the Secretary has determined that the person is a vulnerable welfare payment recipient; or
(g) the person meets the criteria relating to disengaged youth; or
(h) the person meets the criteria relating to long - term welfare payment recipients; or
(i) the person voluntarily agrees to be subject to the enhanced income management regime.
• A person may also become subject to the enhanced income management regime in certain circumstances where the person requests to transfer from the income management regime under Part 3B.
• Certain welfare payments are divided into qualified and unqualified portions, with the qualified portions being credited to a BasicsCard bank account. The amount of each portion may be varied by the Secretary. Recipients are unable to spend the qualified portions of such payments on certain goods or services such as alcohol, tobacco products or gambling.
• This Part sets up an income management regime for recipients of certain welfare payments.
• A person may become subject to the income management regime because:
(a) a child protection officer of a State or Territory requires the person to be subject to the income management regime; or
(b) the Secretary has determined that the person is a vulnerable welfare payment recipient; or
(c) the person meets the criteria relating to disengaged youth; or
(d) the person meets the criteria relating to long - term welfare payment recipients; or
(e) the person, or the person's partner, has a child who does not meet school enrolment requirements; or
(f) the person, or the person's partner, has a child who has unsatisfactory school attendance; or
(g) the Queensland Commission requires the person to be subject to the income management regime; or
(ga) an officer or employee of a recognised State/Territory authority requires the person to be subject to the income management regime; or
(h) the person voluntarily agrees to be subject to the income management regime.
• A person who is subject to the income management regime will have an income management account.
• Amounts will be deducted from the person's welfare payments and credited to the person's income management account.
• Amounts will be debited from the person's income management account for the purposes of enabling the Secretary to take action directed towards meeting the priority needs of:
(a) the person; and
(b) the person's children (if any); and
(c) the person's partner (if any); and
(d) any other dependants of the person.
Social Security (Administration) Act 1999
No. 191, 1999
Compilation No. 160
Compilation date: 1 April 2024
Includes amendments: Act No. 119, 2023
Registered: 10 April 2024
This compilation is in 2 volumes
Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Social Security (Administration) Act 1999 that shows the text of the law as amended and in force on 1 April 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 3C--Schooling requirements
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
124NC School attendance plans
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
124Q Application of Part to decisions under repealed laws
125 Decisions by officers under instruments
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
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
138D Reviewer may reconsider reviewable decisions
138F Reconsideration of reviewable decisions on request
138H AAT review of reviewable decisions
138J Decision changed before AAT review completed
139 Simplified outline of this Part
140A Definition of employment pathway plan decision
Subdivision B--AAT first review: applications
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
177 Assessment of rate of social security payment
178 Notification of decisions and reasons for AAT first 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
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
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
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
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
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.
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
221 Particulars of each offence
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 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
235 Authorised review officers
236 Decisions to be in writing
238 Payments to Commissioner of Taxation or the Child Support Registrar
239 Judicial notice of certain matters
240B Restrictions on listing of dependants
240C Issue of replacement card on expiry of certain concession cards
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
Schedule 2--Rules for working out start day
2 Different start days under Parts 2 and 3
4A Start day for jobseeker payment and youth allowance if claimant required to attend interview
5A Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations
Division 2--Rules applying to all or most social security payments
8 Claim made soon after partner's claim
10 Claim soon after childbirth
12 Claim after death of partner
13 Claim for social security payment following claim for AGDRP
Division 3--Rules applying to particular social security payments
15 Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit
15A Carer payment claimed on or after 1 July 2009 and before 1 October 2009
19 Double orphan pension--claim following death of former recipient
28 Jobseeker payment--claimant for disability support pension
30 Pensioner education supplement
31 Pensioner education supplement: claim before 1 April
32 Pensioner education supplement: claim before 1 August
34 Youth allowance: incapacitated claimant
35 Youth allowance--claimant for disability support pension
36 Youth allowance--initial claim for family tax benefit
Division 4--Rules applying to health care cards
37 Health care cards, other than automatic issue health care cards
Schedule 5--Provisions relating to the Chief Executive Centrelink etc.
1 References to the Secretary and the Department--requirements etc. by delegate
2 References to the Secretary and the Department--directions by Secretary
Endnote 3--Legislation history
Endnote 4--Amendment history