Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1129

1129. (1) If:

   (a)  either:

   (i)  a social security pension is not payable to a person because of the
        application of an assets test; or

   (ii) a person's social security pension rate is determined by the
        application of an assets test; and

   (b)  either:

   (i)  sections 1108 and 1109 (disposal of income) and 1125 and 1126
        (disposal of assets) do not apply to the person; or

   (ii) the Secretary determines that the application of those sections to the
        person should, for the purposes of this section, be disregarded; and

   (c)  the person, or the person's partner, has an unrealisable asset; and

   (d)  the person lodges with the Department, in a form approved by the
        Secretary, a request that this section apply to the person; and

   (e)  the Secretary is satisfied that the person would suffer severe
        financial hardship if this section did not apply to the person; the
        Secretary must determine that this section applies to the person.
Note 1: "social security pension" includes sheltered employment and
rehabilitation allowance.
Note 2: for "unrealisable asset" see subsections 11 (12) and (13).

(2) A decision under subsection (1) takes effect:

   (a)  on the day on which the request under paragraph (1) (d) was lodged
        with the Department; or

   (b)  if the Secretary so decides in the special circumstances of the case -
        on a day not more than 6 months before the day referred to in
        paragraph (a).