SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SCHEDULE 2 Rules for working out start day
SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SCHEDULE 2
Rules for working out start dayNote: See section 42.
In this Schedule, unless the contrary intention appears:
"benefit" means a social security benefit.
"pension" means a social security pension.
2 Different start days under Parts 2 and 3
(1) If:
(a) but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a social security payment and would also have a start day under Part 3 of this Schedule in relation to the same payment; and
(b) the start day under Part 3 would be earlier than the start day under Part 2;
the day worked out under Part 3 is the person's start day in relation to the social security payment.
(2) If, but for this subclause, a person would have 2 start days under Part 3 of this Schedule in relation to the same social security payment, one day earlier than the other, the earlier day is the person's start day under Part 3 in relation to the social security payment.
(3) If:
(a) 2 or more clauses of Part 3 of this Schedule apply to the working out of a person's start day in relation to a social security payment; and
(b) the person's start day under both or all of those clauses is the same day;
that day is the person's start day under Part 3 in relation to the social security payment.
(4) If:
(a) but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a concession card and would also have a start day under Part 3 of this Schedule in relation to the same card; and
(b) the start day under Part 3 would be earlier than the start day under Part 2;
the day worked out under Part 3 is the person's start day in relation to the concession card.
(1) If:
(a) a person makes a claim for a social security payment; and
(b) the person is qualified for the payment on the day on which the claim is made;
the person's start day in relation to the payment is the day on which the claim is made.
Note: Clause 4A applies instead of this subclause to claims for jobseeker payment and youth allowance in certain circumstances.
(2) A person's start day in relation to a concession card for which the person is qualified under:
(a) Division 1 of Part 2A.1 of the 1991 Act; or
(b) Subdivision A of Division 3 of that Part;
is the first day on which the person is qualified for the card.
(3) If:
(a) a person makes a claim for a seniors health card or a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and
(b) the person is qualified for the card on the day on which the claim is made;
the person's start day in relation to the card is the day on which the claim is made.
(4) If:
(a) section 1061ZJA of the 1991 Act applies in relation to a person; and
(b) as mentioned in subsection 1061ZJA(3) of the 1991 Act, the person is qualified for a seniors health card on 1 January 2017;
the person's start day in relation to the card is 1 January 2017.
(5) If:
(a) section 1061ZJA of the 1991 Act applies in relation to a person; and
(b) as mentioned in subsection 1061ZJA(4) of the 1991 Act, the person is qualified for a seniors health card on the day the person returns to Australia;
the person's start day in relation to the card is the day the person returns to Australia.
(1) If:
(a) a person (other than a detained person) makes a claim for a relevant social security payment; and
(b) the person is not, on the day on which the claim is made, qualified for the payment; and
(c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and
(d) the person becomes so qualified within that period;
the claim is taken to be made on the first day on which the person is qualified for the social security payment.
(2) For the purposes of subclause (1), the following provisions have effect:
(a) subject to paragraph (b), any social security payment, other than special benefit, is a relevant social security payment;
(b) parenting payment is not a relevant social security payment in the case of a person who becomes qualified for the payment because of the birth of a child.
(3) If:
(a) a detained person makes a claim for a social security payment; and
(b) the person is not, on the day on which the claim is made, qualified for the payment; and
(c) the person becomes qualified for the payment within 3 weeks after the claim is made;
the claim is taken to be made on the first day on which the person is qualified for the payment.
(4) Subclause (3) does not have effect in relation to a claim for a crisis payment or for a social security pension or benefit.
(6) If:
(a) a person makes a claim for a jobseeker payment or youth allowance; and
(b) when the claim is made, the person is serving a liquid assets test waiting period;
the claim is taken to be made on the first day on which the person is qualified for a jobseeker payment or youth allowance, as the case may be.
(7) In this clause:
"detained person" means a person who:
(a) is in gaol; or
(b) is undergoing psychiatric confinement because the person has been charged with an offence.
4A Start day for jobseeker payment and youth allowance if claimant required to attend interview
When this clause applies and subclause 3(1) does not
(1) This clause applies, and subclause 3(1) does not apply, in relation to a person's:
(a) claim for jobseeker payment; or
(b) claim for youth allowance that is not based on the person being a new apprentice or undertaking full - time study;
if the Secretary gives the person a notice under section 63 requiring the person to attend a particular place for an interview on a day specified in the notice (the specified day ).
Note: Clause 5 may override the start day under this clause in certain circumstances.
Secretary may decide that this clause does not apply
(2) This clause does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subclause (3), that it should not apply to the person.
(3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subclause (2) whether this clause applies to a person.
Start day
(4) The start day for the person is the day worked out using the following table.
Start day | ||
| If the period between the time the Secretary imposes the requirement under section 63 and the specified day is: | The start day is: |
1 | 2 business days or less | The specified day |
2 | More than 2 business days (otherwise than at the person's request) | The day the Secretary imposes the requirement under section 63 |
3 | More than 2 business days (at the person's request) | The specified day |
Start day--failure to comply with requirement to attend interview
(5) Despite subclause (4), if:
(a) the person does not comply with the requirement; and
(b) because of that failure to comply, either section 547AA or 615 of the 1991 Act applies to the person;
the person's start day is the day on which that section ceases to apply to the person.
Start day--person not qualified on start day
(6) Despite subclauses (4) and (5), if a person is not qualified for the payment or allowance on the day that would, but for this subclause, be the person's start day, the person's start day is the first day, after what would otherwise (under subclause (4) or (5)) be the person's start day, on which the person is qualified for the payment or allowance.
When this clause ceases to apply
(7) This clause ceases to apply if the Secretary revokes the requirement before the specified day.
Note: In that case, subclause 3(1) will apply.
(1) If, on the day that would, but for this clause, be a person's start day under this Schedule in relation to a social security payment, the person is subject to one or more exclusion periods, the person's start day in relation to the payment is worked out as follows:
(a) if the person is subject to one exclusion period--the start day is the first day after the end of that period;
(b) if the person is subject to 2 or more exclusion periods--the start day is the first day after all the periods have ended.
(1A) This clause does not apply in relation to payment of parenting payment to a person who is a member of a couple if the Secretary is satisfied that it should not so apply.
Note: Clause 5A deals with the start day of parenting payment where one member of a couple commits a serious failure or is unemployed as a result of a voluntary act or misconduct.
(1B) Subclause (1) applies only in relation to a start day for a participation payment to a person if the exclusion period to which the person is subject is:
(a) for a person other than a declared program participant:
(i) a payment suspension period; or
(ii) an unemployment preclusion period; or
(iii) a post - cancellation non - payment period; or
(b) for a declared program participant:
(i) a serious failure period; or
(ii) an unemployment non - payment period.
(2) In this clause:
"exclusion period" means a period during which, because of a provision of the social security law, a social security payment that would otherwise be payable to a person is not payable to the person, including:
(a) a waiting period; and
(b) a non - payment period (including a compliance penalty period); and
(c) a compensation preclusion period; and
(d) a period during which a person is in gaol; and
(e) if the payment is a youth allowance or jobseeker payment--a period during which the payment is not payable because of the operation of subparagraph 547AA(1)(b)(ii) or subparagraph 615(1)(b)(ii) of the 1991 Act; and
(f) if the payment is a schooling requirement payment within the meaning of Part 3C--a period during which the payment is suspended under section 124H, 124M or 124NF.
(1) If:
(a) one member of a couple is receiving parenting payment; and
(b) the other member of the couple is receiving a participation payment; and
(c) any of the following apply:
(i) the Secretary determines under Subdivision C of Division 3AA (compliance with participation payment obligations: persons other than declared program participants) that the other member's participation payment is not payable for a period;
(ii) the Secretary determines under that Subdivision that the other member's participation payment is cancelled;
(iii) the Secretary determines that the other member of the couple, being a declared program participant, commits a serious failure; or
(iv) the Secretary makes a determination under subsection 42S(1) (unemployment as a result of a voluntary act or misconduct obligation--declared program participants) in relation to the other member of the couple; and
(d) the other member of the couple claims parenting payment;
then, the other member's start day under this Schedule in relation to the parenting payment is worked out in accordance with subclause (2).
(2) For the purposes of subclause (1), the other member's start day is the first day after the end of:
(a) if subparagraph (1)(c)(i) applies--the other member's payment suspension period or unemployment preclusion period; and
(b) if subparagraph (1)(c)(ii) applies--the other member's post - cancellation non - payment period; and
(c) if subparagraph (1)(c)(iii) applies--the other member's serious failure period; and
(d) if subparagraph (1)(c)(iv) applies--the other member's unemployment non - payment period.
Nothing in this Schedule operates to make a social security payment payable to a person on a day on which, because of another provision of the social security law, the payment is not payable to the person.
In some circumstances, a person's start day in relation to a social security payment may be earlier than the day worked out under Part 2 of this Schedule. This Part contains rules that enable the start day to be worked out in those circumstances.
Division 2 -- Rules applying to all or most social security payments
8 Claim made soon after partner's claim
If:
(a) a person makes a claim for a social security benefit or pension within 14 days after the person's partner makes a claim for a social security benefit or pension; and
(b) the person's claim and the partner's claim are both granted;
the person's start day in relation to the benefit or pension is the first day on which the person is qualified for the pension or benefit in the period starting on the partner's start day in relation to the pension or benefit granted to the partner and ending on the day on which the person made the claim for the pension or benefit.
(1) If:
(a) a person is a transferee to a benefit or pension; and
(b) the person makes a claim for the benefit or pension within 14 days after the day that is the person's transfer day in relation to the benefit or pension;
the transfer day is also the person's start day in relation to the benefit or pension.
(2) If:
(a) a person is a transferee to a benefit or pension; and
(b) the person makes a claim for the benefit or pension more than 14 days, but not more than 13 weeks, after the person's transfer day; and
(c) the Secretary determines that:
(i) during the period beginning on the person's transfer day and ending on the day on which the person made the claim, the person suffered from an illness or from an incapacity due to a medical condition; and
(ii) the illness or incapacity was the sole or principal cause of the person's failure to make the claim within 14 days after the person's transfer day;
the person's transfer day is also the person's start day in relation to the benefit or pension.
10 Claim soon after childbirth
If a woman makes a claim for a social security payment within 4 weeks after giving birth to a child, the woman's start day in relation to the payment is the first day on which the woman is qualified for the payment in the period starting on the birth of the child and ending on the day on which the claim is made.
(1) If:
(a) a person becomes incapacitated for work as a result of a medical condition; and
(b) the person makes a claim for a benefit or pension within 5 weeks after the day on which the incapacity begins; and
(c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made;
the person's start day in relation to the benefit or pension is the first day on which the person was qualified for the benefit or pension in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.
(2) If:
(a) a person becomes incapacitated for work as a result of a medical condition; and
(b) the person makes a claim for a benefit or pension more than 5 weeks after the day on which the incapacity begins; and
(c) the Secretary is satisfied that:
(i) the person has continued to suffer the medical condition from the day on which the incapacity began until the claim was made; and
(ii) the medical condition was the sole or principal cause of the person's failure to make the claim within 5 weeks after the day on which the incapacity began;
the person's start day in relation to the pension or benefit is the first day on which the person was qualified for the benefit or pension in the period of 4 weeks ending immediately before the day on which the claim was made.
12 Claim after death of partner
If:
(a) a person's partner dies; and
(b) the person makes a claim for a social security payment within 4 weeks after the death of the partner;
the person's start day in relation to the payment is the first day on which the person was qualified for the payment in the period starting on the day on which the partner died and ending on the day on which the claim was made.
13 Claim for social security payment following claim for AGDRP
If a person:
(a) is qualified for an AGDRP; and
(b) makes a claim for the payment; and
(ba) is in Australia when making that claim; and
(c) within 14 days after making that claim, makes a claim for another social security payment;
the person's start day in relation to that other social security payment is the day on which the person became qualified for the AGDRP.
Division 3 -- Rules applying to particular social security payments
If:
(a) a person receives an austudy payment, jobseeker payment, youth allowance or special benefit; and
(b) either:
(i) the payment, allowance or benefit is not payable to the person because of subsection 63(4); or
(ii) a compliance penalty period applies to the person; and
(c) payment of the payment, allowance or benefit is cancelled (other than under Division 3AA of Part 3); and
(d) the person lodges a claim for an austudy payment, jobseeker payment, youth allowance or special benefit within 14 days after the day (the cancellation day ) on which the cancellation of the payment, allowance or benefit referred to in paragraph (a) takes effect:
the person's start day in relation to the payment, allowance or benefit to which the claim referred to in paragraph (d) relates is the day after the cancellation day.
15A Carer payment claimed on or after 1 July 2009 and before 1 October 2009
If:
(a) a person is qualified for a carer payment other than under section 198 of the 1991 Act; and
(b) the person makes a claim for a carer payment on or after 1 July 2009 and before 1 October 2009;
the person's start day in relation to the payment is the day on which the person became qualified for a carer payment other than under section 198 of that Act.
If:
(a) a person (the claimant ) is qualified for a double orphan pension for a young person; and
(b) the claimant makes a claim for double orphan pension for the young person within 13 weeks after the birth of the young person;
the claimant's start day in relation to the pension is the first day on which the person was qualified for the pension in the period starting on the day of the young person's birth and ending on the day on which the claim was made.
19 Double orphan pension--claim following death of former recipient
If:
(a) a person (the former recipient ) who is receiving double orphan pension for a young person dies; and
(b) another person (the claimant ) makes a claim for double orphan pension for the young person within 13 weeks after the death of the former recipient;
the claimant's start day in relation to the double orphan pension is the first day on which the claimant was qualified for the pension in the period starting on the day of the former recipient's death and ending on the day on which the claim was made.
28 Jobseeker payment--claimant for disability support pension
If:
(a) a person makes a claim for a jobseeker payment; and
(b) the person is qualified for a jobseeker payment under subsection 593(1B) of the 1991 Act;
the person's start day in relation to the jobseeker payment is the day on which the person made the claim for a disability support pension referred to in paragraph 593(1B)(d) of that Act.
If:
(a) a person has a PP child; and
(b) the person makes a claim for parenting payment within 4 weeks after the day on which the child became a PP child of the person;
the person's start day in relation to the parenting payment is the first day on which the person was qualified for the payment in the period starting on the day on which the child became a dependent child of the person and ending on the day on which the claim was made.
30 Pensioner education supplement
If:
(a) a person makes a claim for a pensioner education supplement; and
(b) when the claim is made, the person is qualified for the supplement; and
(c) the claim is made within 4 weeks after the person became qualified for the supplement;
the person's start day in relation to the pensioner education supplement is the day on which the person became qualified for the supplement.
31 Pensioner education supplement: claim before 1 April
If:
(a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 April in that year; and
(b) the person's course of education is a full year course that begins before 1 April in that year;
the person's start day in relation to the pensioner education supplement is the first day on which the person is qualified for pensioner education supplement on or after 1 January in that year.
32 Pensioner education supplement: claim before 1 August
If:
(a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 August in that year; and
(b) the person's course of education is a full year course that starts in the month of July in that year;
the person's start day in relation to the pensioner education supplement is the first day on which the person is qualified for pensioner education supplement on or after 1 July in that year.
34 Youth allowance: incapacitated claimant
If:
(a) a person who is undertaking a course of full - time study becomes incapacitated for study as a result of a medical condition; and
(b) the person makes a claim for a youth allowance within 5 weeks after the day on which the incapacity begins; and
(c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made;
the person's start day in relation to the youth allowance is the first day on which the person was qualified for youth allowance in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.
35 Youth allowance--claimant for disability support pension
If:
(a) a person makes a claim for a youth allowance; and
(b) the person is qualified for a youth allowance under subsection 540A(1) of the 1991 Act;
the person's start day in relation to the youth allowance is the day on which the person made the claim for a disability support pension referred to in paragraph 540A(1)(c) of that Act.
36 Youth allowance--initial claim for family tax benefit
If:
(a) a claim is made for family tax benefit in respect of a person (the initial claim ); and
(b) on the day on which the initial claim is made, the person is qualified for youth allowance; and
(c) the person afterwards makes a claim for youth allowance; and
(d) the Secretary is satisfied that it is reasonable for this clause to apply to the person;
the person's start day in relation to youth allowance is the day on which the initial claim was made.
Division 4 -- Rules applying to health care cards
37 Health care cards, other than automatic issue health care cards
(1) If:
(a) a person makes a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and
(b) within the claim period, a professional service has been rendered to, or hospital treatment has been provided for, the person or a dependant of the person; and
(c) when the service was rendered or the treatment provided, as the case may be, the person was qualified for the card; and
(d) the person remained so qualified until the claim was made;
the person's start day in relation to the health care card is:
(e) the day on which the professional service was rendered or the hospital treatment was provided, as the case may be; or
(f) if there were 2 or more such days within the claim period, the earlier or earliest of those days, as the case may be.
(2) For the purposes of subclause (1), any period earlier than 1 September 1981 that would, but for this subclause, be included in the claim period in respect of a particular claim is to be disregarded.
(3) In this clause:
"claim period" means:
(a) the period of 13 weeks ending on the day on which a claim is made; or
(b) such longer period as the Secretary, having regard to all the circumstances of the case, approves.
"dependant" has the same meaning as in Part 2A.1 of the 1991 Act.
"hospital treatment" has the same meaning as in the Health Insurance Act 1973 .
"professional service" has the same meaning as in the Health Insurance Act 1973 .
(4) The
Secretary must not approve, under subclause (3), a period that includes
a period earlier than 1 September 1981.