SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 64 Effect of failing to comply with requirement to attend Department etc.

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 64

Person receiving, or claiming, social security payment

  (1)   If:

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

  (b)   the Secretary notifies the person under subsection   63(2), (2AB) or (4); and

  (c)   the requirement in the notice is reasonable; and

  (d)   the person does not comply with the requirement; and

  (e)   except if the person is receiving, or has made a claim for, a participation payment--the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and

  (f)   the Secretary is satisfied that it is reasonable for this subsection to apply to the person;

the payment that the person is receiving or has claimed is not payable.

  (1A)   Subsection   (1) does not apply if:

  (a)   the person is receiving a participation payment; and

  (b)   the person fails to attend an appointment that the person is required to attend by a notice under subsection   63(2); and

  (c)   the Secretary makes a determination under section   42AF or subsection   42SA(1) in relation to the person and the failure.

  (2)   Subsection   (1) does not apply if:

  (a)   the person is receiving, or has made a claim for, youth allowance; and

  (b)   the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute a youth allowance participation failure.

Note:   If a recipient of, or claimant for, youth allowance does not comply with a requirement notified under subsection   63(2) or (4), this may result in the payment not being payable to the person: see sections   550B and 551 of the 1991 Act.

  (3)   Subsection   (1) does not apply if:

  (a)   the person is receiving, or has made a claim for, an austudy payment; and

  (b)   the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute an austudy participation failure.

Note:   If a recipient of, or claimant for, an austudy payment does not comply with a requirement notified under subsection   63(2), this may result in the payment not being payable to the person: see sections   576A and 577 of the 1991 Act.

  (4)   If:

  (a)   a social security payment is not payable to a person because of subsection   (1); and

  (b)   the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection   63(2), (2AB) or (4);

the Secretary may determine that, on and after a day specified by the Secretary, subsection   (1) ceases to apply to the person in relation to that requirement.

Person holding, or claiming, concession card

  (5)   If:

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

  (b)   the Secretary notifies the person under subsection   63(2); and

  (c)   the requirement in the notice is reasonable; and

  (d)   the person does not comply with the requirement; and

  (e)   the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and

  (f)   the Secretary is satisfied that it is reasonable for this subsection to apply to the person;

the person ceases to be, or is not, qualified for the concession card.

  (6)   If:

  (a)   a person has ceased to be, or is not, qualified for a concession card because of subsection   (5); and

  (b)   the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection   63(2);

the Secretary may determine that, on and after a day specified by the Secretary, subsection   (5) ceases to apply to the person in relation to that requirement.