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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:

  (i)   is in Australia; and

  (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.

  (8)   In this section:

"dependant" has the same meaning as in Part   2A.1 of the 1991 Act.

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