SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 240B Restrictions on listing of dependants
SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 240B
Restrictions on listing of dependants(1) A seniors health card is not to include the name of any person as a dependant of the holder of the card.
(2) A health care card issued to a person by virtue of subsection 1061ZK(7) or 1061ZO(9) of the 1991 Act is not to include the name of any person as a dependant of the holder of the card.
(3) A health care card is not to include the name of a person (other than the partner of the holder of the card) as a dependant of the holder of the card if the person is the holder of a pensioner concession card or a health care card.
(4) A pensioner concession card or a health care card is not to include the name of the partner of the holder of the card as a dependant of the holder of the card unless:
(a) the partner is in Australia and is:
(i) an Australian resident; or
(ia) is a special category visa holder residing in Australia; or
(ii) the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or
(iii) a person declared by the Minister to be a person to whom this subparagraph applies; or
(b) the partner is a New Zealand citizen and the holder of the card:
(ii) is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.
(4A) The Minister may, by legislative instrument, determine a class of visas for the purposes of paragraph (4)(a).
(5) The Minister may, by legislative instrument, declare that a person who:
(a) is included in a specified class of persons; and
(b) is, or has been, in Australia in specified circumstances;
is a person to whom subparagraph (4)(a)(iii) applies.
(6) The circumstances that may be specified in a declaration under subsection (5) include circumstances that existed or exist at any time before or after the making of the declaration.
"dependant" has the same meaning as in Part 2A.1 of the 1991 Act.