Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 42H

             (1)  The Secretary may determine that a person commits a reconnection failure if:

                     (a)  the person is required to comply with:

                              (i)  a reconnection requirement; or

                             (ii)  a further reconnection requirement; and

                     (b)  the person fails to comply with the requirement.

Note:          A further reconnection requirement may be imposed, and a penalty amount is deducted from the person's participation payment, for a reconnection failure (see sections 42J and 42L).

             (2)  The Secretary may determine that a person commits 2 or more reconnection failures on a day.

Limitation on determining reconnection failures

             (3)  Despite subsection (1), the Secretary must not determine that a person commits a reconnection failure if the person satisfies the Secretary that the person has a reasonable excuse for the failure.

Note:          The Secretary must take certain matters into account for the purposes of subsection (3) (see section 42U).

Reconnection failure period

             (4)  If the Secretary determines that a person commits a reconnection failure, the person commits the failure during the period (the reconnection failure period ) that:

                     (a)  begins on the day the person commits the failure; and

                     (b)  ends on:

                              (i)  the day before the person complies with any further reconnection requirement imposed on the person in relation to the reconnection failure; or

                             (ii)  if the person fails to comply with a further reconnection requirement imposed on the person in relation to the reconnection failure, and the person satisfies the Secretary that the person has a reasonable excuse for the failure--the day before the person fails to comply with the requirement.

Determining an instalment period

             (5)  The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the reconnection failure is to be deducted from the person's instalment of a participation payment, provided that the penalty amount may not be deducted until at least the instalment after the first instalment made following notification to the person of the reconnection failure.