SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 81 Cancellation or suspension for non - compliance with certain notices

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 81

  (1)   If:

  (a)   a person who is receiving a social security payment (other than a jobseeker payment) has been given:

  (i)   a notice under section   67 or 68 that requires the person to give the Department a statement; or

  (ii)   a notice embodying a requirement under Division   1 of Part   5; and

  (b)   the person does not comply with the requirement of the notice;

the Secretary may determine that the social security payment is to be cancelled or suspended.

  (2)   If:

  (a)   a person and his or her partner (the partner ) are each receiving a social security payment; and

  (b)   the partner has been given:

  (i)   a notice under section   67 or 68 that requires the partner to give the Department a statement; or

  (ii)   a notice embodying a requirement under Division   1 of Part   5; and

  (c)   the notice relates to matters that might also affect the payment of the person's social security payment; and

  (d)   the partner does not comply with the requirement of the notice;

the Secretary may determine that the person's payment is to be cancelled or suspended.

  (3)   If:

  (a)   a person who is receiving a social security payment has been given a notice under section   67 or 68 that requires the person to inform the Department of a proposal by the person to leave Australia; and

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

  (c)   the person leaves Australia; and

  (d)   the person's portability period (see section   1217 of the 1991 Act) for the payment has not ended;

the Secretary may determine that the payment is to be cancelled or suspended.

Note:   Subsection   (3) lets the Secretary make one determination suspending the payment and later make another determination cancelling the payment. See subsection   33(1) of the Acts Interpretation Act 1901 .