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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 63 Requirement to attend Department etc.

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 63

Requirement to attend Department etc.

Secretary may require person to attend Department etc.

  (1)   Subsection   (2) applies to a person if:

  (a)   the person is receiving, or has made a claim for, a social security payment; or

  (b)   the person is the holder of, or has made a claim for, a concession card; or

  (c)   the Department is contacted by or on behalf of the person in relation to a claim for:

  (i)   if the person is not undertaking full - time study and is not a new apprentice--youth allowance; or

  (ii)   in any case--jobseeker payment;

    to be paid to the person.

  (2)   If the Secretary is of the opinion that a person to whom this subsection applies should:

  (a)   attend an office of the Department; or

  (b)   contact the Department; or

  (c)   attend a particular place for a particular purpose; or

  (d)   give information to the Secretary;

the Secretary may notify the person that he or she is required, within a specified time, to do that act or thing. However, the Secretary may not, under this subsection, notify a person that he or she is required to do an act or thing referred to in paragraph   (4)(a) or (b).

Secretary may require person to provide proof of life certificate etc.

  (2AA)   Subsections   (2AB) and (2AC) apply to a person if:

  (a)   the person has reached 80 years of age; and

  (b)   the person is receiving any of the following social security payments:

  (i)   age pension;

  (ii)   carer payment;

  (iii)   disability support pension; and

  (c)   the person was continuously absent from Australia throughout the previous 2 years.

  (2AB)   The Secretary may notify a person to whom this subsection applies that:

  (a)   the person is required, within the 13 - week period beginning when the notice is given, to give the Secretary a proof of life certificate that:

  (i)   relates to the person; and

  (ii)   was completed within that 13 - week period; and

  (b)   the requirement does not apply if the person enters Australia within that 13 - week period.

  (2AC)   If this subsection applies to a person, the Secretary must notify the person under subsection   (2AB) at least once every 2 years.

Secretary may require person to undergo medical examination etc.

  (3)   Subsection   (4) applies to a person if:

  (a)   the person is receiving, or has claimed, any of the following social security payments:

  (i)   disability support pension;

  (ii)   parenting payment;

  (iii)   youth allowance;

  (iv)   jobseeker payment;

  (vi)   special benefit;

  (vii)   mobility allowance; or

  (b)   the Department is contacted by or on behalf of the person in relation to a claim for youth allowance or jobseeker payment to be paid to the person.

  (4)   If the Secretary is of the opinion that a person to whom this subsection applies should:

  (a)   complete a questionnaire; or

  (b)   undergo a medical, psychiatric or psychological examination (whether or not at a particular place), and provide to the Secretary the report, in the approved form, of the person who conducts the examination;

the Secretary may notify the person that he or she is required, within a specified time, to do that act or thing.

Method for giving notice

  (5)   The Secretary may notify a person under subsection   (2), (2AB) or (4):

  (a)   by sending the notice by prepaid post addressed to the person at his or her postal address last known to the Secretary; or

  (b)   in any other way the Secretary considers appropriate.

Validity of notice not affected in certain circumstances

  (6)   A failure to specify the particular purpose in a notice given to a person for the purposes of paragraph   (2)(c) does not affect the validity of the notice.

Consequence of not informing person of effect of failure to comply with requirement in notice

  (7)   If a person is notified under subsection   (2), (2AB) or (4) and the notice does not inform the person of the effect of section   64, subsection   64(1) or (5) (as the case requires) does not apply to the person in relation to the requirement in the notice.

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