Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 96

             (1)  If:

                     (a)  a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 15 hours per week; and

                     (b)  the person has, within the notification period referred to in section 93, informed the Secretary that the person has obtained that work;

the Secretary may determine:

                     (c)  that section 93 does not apply to the person's disability support pension; and

                     (d)  that the person's disability support pension is to be suspended.

             (2)  Subsection (1) does not apply to a person if:

                     (a)  the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and

                     (b)  the Secretary's notice is given before the person informs the Secretary that the person has obtained work.

             (3)  If:

                     (a)  disability support pension ceases to be payable to a person because the rate of the pension is nil as a result of the income, or increased income, earned by the person from his or her employment; and

                     (b)  the person has informed the Secretary about the income or increased income within the notification period referred to in section 93;

the Secretary may determine:

                     (c)  that section 93 does not apply to the person's disability support pension; and

                     (d)  that the person's disability support pension is to be suspended.

          (3A)  If:

                     (a)  the Secretary makes a determination under subsection (1) or (3) suspending a person's disability support pension; and

                     (b)  within 2 years from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and

                     (c)  as a result of the reconsideration, the Secretary is satisfied that the person is not receiving disability support pension that is payable to the person;

the Secretary is to determine that the disability support pension is payable to the person.

          (3B)  The reconsideration referred to in paragraph (3A)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.

             (4)  If:

                     (a)  the Secretary suspends a person's disability support pension under subsection (1) or (3); and

                     (b)  the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination;

then, at the end of that period of 2 years, the determination granting the person disability support pension is, by force of this section, revoked.

             (5)  If:

                     (a)  the Secretary suspends a person's disability support pension under subsection (1) or (3); and

                     (b)  the person has a partner who is receiving:

                              (i)  age pension; or

                             (ii)  disability support pension; or

                            (iii)  service pension or income support supplement;

then, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).

             (6)  If:

                     (a)  the Secretary suspends a person's disability support pension under subsection (1) or (3); and

                     (b)  the person has a partner who was, immediately before the suspension, receiving wife pension or carer payment;

the Secretary must determine that the partner's wife pension or carer payment, as the case may be, is not to be cancelled but is to be suspended.