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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 23 General definitions

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 23

General definitions
23. (1) In this Act, unless the contrary intention appears:

"1947 Act" means the Social Security Act 1947;

"ABSTUDY" means the ABSTUDY scheme to the extent that it provides means-test
allowances;

"ABSTUDY Schooling scheme" means the ABSTUDY Schooling part of the ABSTUDY
scheme;

"ABSTUDY Tertiary scheme" means the ABSTUDY Tertiary part of the ABSTUDY
scheme;

"actual market exchange rate" in relation to a foreign currency, means the
on-demand airmail buying rate in relation to that foreign currency available
at the Commonwealth Bank of Australia;

"additional amounts for dependent children" means amounts added to the maximum
basic rate of a social security pension by way of dependent child add-on or
guardian allowance;

"approved friendly society" means a society, person or body in relation to
whom or in relation to which a determination under section 29 is in force;

"assurance of support debt" means a debt due and payable by a person to the
Commonwealth because of the operation of subregulation 165 (1) of the
Migration Regulations in respect of the payment to another person of special
benefit under Part 2.15 of this Act;

"Australia" includes the Territory of Cocos (Keeling) Islands and the
Territory of Christmas Island;
Note: see also subsection 7 (4), (6) and (7) for special residence rules for
external Territories.

"AUSTUDY allowance" means a benefit paid under the AUSTUDY scheme;

"authorised review officer" means an officer authorised under section 1301 to
perform duties as an authorised review officer for the purposes of this Act;

"benevolent home" means a home approved by the Secretary under section 34;

"building society account" means an account maintained by a person with an
organisation registered as a permanent building society under a law of a State
or Territory into which moneys received on deposit by the organisation from
the person are paid;

"CES" means Commonwealth Employment Service;

"compensation debt" means an amount that a person is liable to pay to the
Commonwealth because of a notice by the Secretary under section 1166 or 1170;

"computer" means a device that is used by the Department for storing or
processing information;

"credit union account" means an account maintained by a person with an
organisation registered as a credit union under the law of a State or
Territory into which moneys received on deposit from the person are paid;

"decision" has the same meaning as in the Administrative Appeals Tribunal  Act
1975 ;
Note: subsection 3 (3) of the Administrative Appeals 
Tribunal Act 1975 defines "decision" as including: . making, suspending,
revoking or refusing to make an order or determination; . giving, suspending,
revoking or refusing to give a certificate, direction, approval, consent or
permission; . issuing, suspending, revoking or refusing to issue a licence,
authority or other instrument; . imposing a condition or restriction; . making
a declaration, demand or requirement; . retaining, or refusing to deliver up,
an article; . doing or refusing to do any other act or thing.

"dependent child add-on" means an amount included in a person's pension or
benefit rate under:

   (a)  point 1064-C3 of Pension Rate Calculator A; or

   (b)  point 1065-C3 of Pension Rate Calculator B (items 1, 2 and 3 of Table
        C); or

   (c)  point 1066-C2 of Pension Rate Calculator C; or

   (d)  point 1067-E2 of Benefit Rate Calculator A; or

   (e)  point 1068-E2 of Benefit Rate Calculator B; or

   (f)  paragraph 47 (3) (a), (b) or (c) of the Veterans' Entitlements Act;

"education leavers waiting period" means:

   (a)  an unemployment benefit education leavers waiting period under
        sections 541 and 542; or

   (b)  a job search allowance education leavers waiting period under
        sections  612 and 613; or

   (c)  a sickness benefit education leavers waiting period under sections 684
        and 685;

"employment declaration" has the same meaning as in Part VA of the Income Tax
Assessment Act;

"exempt income" means exempt income under subsection 23 (1) of the Income Tax
Assessment Act;

"external Territory" does not include the Territory of Cocos (Keeling) Islands
or the Territory of Christmas Island;

"foreign exchange period" means:

   (a)  the period commencing 20 September and ending on the day before the
        pension payday that falls closest to the middle of the 6 month period
        commencing 20 September; and

   (b)  the period starting from the pension payday referred to in paragraph
        (a) and ending on 19 March; and

   (c)  the period commencing 20 March and ending on the day before the
        pension payday that falls closest to the middle of a 6 month period
        commencing 20 March; and

   (d)  the period starting from the pension payday referred to in paragraph
        (c) and ending on 19 September;

"guardian allowance" means an amount included in a person's pension or benefit
rate under:

   (a)  point 1064-C7 of Pension Rate Calculator A; or

   (b)  point 1065-C3 of Pension Rate Calculator B (item 4 of Table C); or

   (c)  point 1066-C4 of Pension Rate Calculator C; or

   (d)  point 1067-E5 of Benefit Rate Calculator A; or

   (e)  point 1068-E5 of Benefit Rate Calculator B; or

   (f)  paragraph 47 (3) (e) of the Veterans' Entitlements Act;

"incentive allowance" means an amount under:

   (a)  Module J of Pension Rate Calculator A; or

   (b)  Module F of Pension Rate Calculator B;

"Income Tax Assessment Act" means the Income Tax Assessment Act 1936;

"joint ownership" includes ownership as joint tenants or as tenants in common;

"JSA automatic deferment provision" (job search allowance deferment provision)
means:

   (a)  subsection 614 (3) (failure to comply with Secretary's requirements);
        or

   (b)  subsection 615 (1) (unemployment due to voluntary act); or

   (c)  subsection 616 (1) (unemployment due to misconduct); or

   (d)  subsection 617 (1) (refusal of job offer); or

   (e)  subsection 618 (1) (removal from allowance for failure to take
        reasonable steps to find work); or

   (f)  subsection 619 (1) (failure to comply with notification requirements);

"JSA discretionary deferment provision" (job search allowance discretionary
deferment provision) means:

   (a)  subsection 614 (1) (failure to comply with Secretary's requirements);
        or

   (b)  subsection 620 (1) (failure to continue CFS registration); or

   (c)  subsection 621 (1) (seasonal workers);

"major disaster" means:

   (a)  the earthquake that caused severe damage to parts of Newcastle on 28
        December 1989; or

   (b)  a disaster in respect of which a declaration is in force under
        section  36 ;

"medical practitioner" means a person registered and licensed as a medical
practitioner under a State or Territory law that provides for the registration
or licensing of medical practitioners;

"mental hospital" means premises in relation to which a declaration by the
Secretary under section 30 is in force;

"mental hospital patient" means:

   (a)  a person who:

   (i)  has been admitted to a mental hospital as a patient of the hospital;
        and

   (ii) is shown on the records of the hospital as a patient (other than an
        outpatient) of the hospital; or

   (b)  a person who:

   (i)  is being transferred to a mental hospital; and

   (ii) will become a mental hospital patient within the meaning of paragraph
        (a) at that hospital; and

   (iii) immediately before being transferred, was a mental hospital patient
        within the meaning of paragraph (a) at another mental hospital;

"NEIS payment" means a payment under the scheme known as the New Enterprise
Incentive Scheme;

"non-profit organisation" means:

   (a)  an organisation that is not carried on for the purposes of profit or
        gain to its individual members and is:

   (i)  a religious organisation; or

   (ii) an organisation the principle objects or purposes of which are
        charitable or benevolent; or

   (iii) an organisation of former members of the Defence Force established in
        every State or a State branch of such an organisation; or

   (iv) an organisation approved by the Minister for the purposes of this
        Part; and

   (b)  the trustee under a trust established by an organisation referred to
        in paragraph (a); and

   (c)  a corporation established by an organisation referred to in paragraph
        (a); and

   (d)  a local governing body established by or under a law of a State or
        Territory; and

   (e)  the trustee under a trust established by such a local governing body;
        and

   (f)  a corporation established by such a local governing body; and

   (g)  the trustee under a trust:

   (i)  established for charitable or benevolent purposes; and

   (ii) approved by the Minister for the purpose of Part 2.9;

"nursing home" means premises that are:

   (a)  an approved nursing home for the purposes of the National Health Act 
        1953 or the Nursing Homes Assistance Act 1974; or

   (b)  an approved home for the purposes of the Aged or Disabled Persons
        Homes Act 1954; or

   (c)  an approved hostel for the purposes of the Aged or Disabled Persons
        Hostels Act 1972; or

   (d)  made available for the accommodation of the person by an approved
        organisation providing hostel care services or personal care services
        to the person for the purposes of Part III of the Aged or Disabled
        Persons Homes Act 1954;

"officer" means a person performing duties, or exercising powers or functions
under or in relation to this Act and, in the case of sections 1312 to 1321,
includes:

   (a)  a person who has been such a person; and

   (b)  a person who is or has been appointed, or employed by the Commonwealth
        and who, as a result of that appointment or employment may acquire or
        has acquired information concerning a person under this Act; and

   (c)  a person who, although not appointed or employed by the Commonwealth,
        performs or did perform services for the Commonwealth and who, as a
        result of performing those services may acquire or has acquired
        information concerning a person under this Act;

"ordinary waiting period" means:

   (a)  an unemployment benefit ordinary waiting period under sections 539 and
        540; or

   (b)  a job search allowance ordinary waiting period under sections 610 and
        611; or

   (c)  a sickness benefit ordinary waiting period under sections 682 and 683;

"pension age", in relation to a person, means:

   (a)  if the person is a woman - the age of 60 years; or

   (b)  if the person is a man - the age of 65 years;

"pension payday" means:

   (a)  the Thursday that falls on 4 July 1991; and

   (b)  each succeeding alternate Thursday;

"pension period" means a period that:

   (a)  starts immediately after a pension payday; and

   (b)  ends at the end of the next pension payday;

"protected information" means information about a person that is held in the
records of the Department;

"receive" has the meaning given by subsections (2), (3) and (4);

"recipient notification notice" means a notice given by the Secretary under
section 68, 121, 172, 222, 284, 341, 389, 435, 487, 572, 644, 713, 759, 808,
873, 930, 978, 1023 or 1054;

"recipient statement notice" means a notice given by the Secretary under
section 69, 122, 173, 223, 285, 342, 390, 436, 488, 573, 645, 714, 760, 809,
874, 931, 979, 1024 or 1055;

"rehabilitation program" means:

   (a)  a rehabilitation program under Part III of the
        Disability Services Act  1986 ; or

   (b)  a follow-up program in relation to which a determination by the
        Secretary under section 31 is in force;

"Secretary" means the Secretary to the Department;

"service pension" means:

   (a)  an age service pension under Part III of the Veterans' Entitlements
        Act; or

   (b)  an invalid service pension; or

   (c)  a wife service pension under Part III of the Veterans' Entitlements
        Act; or

   (d)  a carer service pension under Part III of the Veterans' Entitlements
        Act;

"social security benefit" means:

   (a)  unemployment benefit; or

   (b)  job search allowance; or

   (c)  sickness benefit; or

   (d)  special benefit;

"social security pension" means:

   (a)  an age pension; or

   (b)  an invalid pension; or

   (c)  a wife pension; or

   (d)  a carer pension; or

   (e)  a sole parent pension; or

   (f)  a widowed person allowance; or

   (g)  a widow B pension; or

   (h)  a sheltered employment allowance; or

   (j)  a rehabilitation allowance; or

   (k)  a special needs pension;

"specified foreign country" means a country determined by the Minister to be a
specified foreign country under subsection 38 (1);

"tax file number" has the same meaning as in Part VA of the Income Tax 
Assessment Act ;

"tax year" has the same meaning as "year of income" has in the Income Tax 
Assessment Act ;
Note: section 6 of the Income Tax Assessment Act defines

"year of income" as the financial year (1 July to 30 June) or, if another
accounting period has been adopted under section 18 of that Act instead of the
financial year, that accounting period.

"taxable income" has the same meaning as in the Income Tax Assessment Act;

"transfer day", in relation to a transferee to a social security benefit, has
the meaning given by subsections (6) and (7);

"transferee to a social security benefit" has the meaning given by subsections
(6) and (7);

"UB automatic deferment provision" (unemployment benefit deferment provision)
means:

   (a)  subsection 543 (3) (failure to comply with Secretary's requirements);
        or

   (b)  subsection 544 (1) (unemployment due to voluntary act); or

   (c)  subsection 545 (1) (unemployment due to misconduct); or

   (d)  subsection 546 (1) (refusal of job offer); or

   (e)  subsection 547 (1) (removal from benefit for failure to take
        reasonable steps to find work); or

   (f)  subsection 548 (1) (failure to comply with notification requirements);

"UB discretionary deferment provision" (unemployment benefit discretionary
deferment provision) means:

   (a)  subsection 543 (1) (failure to comply with Secretary's requirements);
        or

   (b)  subsection 549 (1) (failure to continue CES registration); or

   (c)  subsection 550 (1) (seasonal workers);

"unused annual leave", in relation to a person, means:

   (a)  leave described as annual leave, recreation leave or annual holidays;
        or

   (b)  leave that is granted for reasons that are the same as, or similar to,
        the reasons for which annual leave, recreation leave or annual
        holidays are granted;
that is unused when the person becomes unemployed or when the person's
employment with an employer ends;

"unused annual leave waiting period" means:

   (a)  an unemployment benefit unused annual leave waiting period under
        sections 536 to 538; or

   (b)  a job search allowance unused annual leave waiting period under
        sections 607 to 609; or

   (c)  a sickness benefit unused annual leave waiting period under sections
        679 to 681;

"Veterans' Entitlements Act" or "VEA" means the Veterans' Entitlements Act 
1986 ;

"waiting period" means:

   (a)  an unemployment benefit unused annual leave waiting period under
        sections 536 to 538; or

   (b)  an unemployment benefit ordinary waiting period under sections 539 and
        540; or

   (c)  an unemployment benefit education leavers waiting period under
        sections 541 and 542; or

   (d)  a job search allowance unused annual leave waiting period under
        sections 607 to 609; or

   (e)  a job search allowance ordinary waiting period under sections 610 and
        611; or

   (f)  a job search allowance education leavers waiting period under
        sections  612 and 613; or

   (g)  a sickness benefit unused annual leave waiting period under sections
        679 to 681; or

   (h)  a sickness benefit ordinary waiting period under sections 682 and 683;
        or

   (j)  a sickness benefit education leavers waiting period under sections 684
        and 685;

"widow" means a woman who was the partner of a man immediately before he died.

(2) For the purposes of this Act (other than section 735), a person is taken
to be receiving a social security pension or a social security benefit from
the earliest day on which the pension or benefit is payable to the person even
if the first instalment of the pension or benefit is not paid until a later
day.

(3) For the purposes of this Act, a person is to be taken to be receiving a
social security pension until the latest day on which the pension is payable
to the person even if the last instalment of the pension is paid before that
day.

(4) For the purposes of this Act, a person is to be taken to be receiving a
social security benefit until the latest day for which the benefit is payable
to the person even if the last instalment of the benefit is not paid until a
later day.

(5) For the purposes of this Act, a person is in gaol if the person:

   (a)  is imprisoned in connection with the person's conviction for an
        offence; or

   (b)  is being lawfully detained in a place other than a prison, in
        connection with the person's conviction for an offence; or

   (c)  is undergoing a period of custody pending trial or sentencing for an
        offence. Transferee to social security benefit

(6) If:

   (a)  a person becomes qualified for a social security benefit (in this
subsection called the "new benefit"); and

   (b)  immediately before becoming qualified for the new benefit the person
        is receiving:

   (i)  a social security or service pension; or

   (ii) another social security benefit;
(in this subsection called the "old pension or benefit"); and

   (c)  the person ceases to receive the old pension or benefit; the person is
        a transferee to the new benefit and the person's transfer day is the
        day that immediately follows the day on which the person ceases to
        receive the old pension or benefit.

(7) If:

   (a)  a person becomes qualified for a social security benefit (in this
subsection called the "new benefit"); and

   (b)  immediately before becoming qualified for the new benefit:

   (i)  the person is a member of a couple; and

   (ii) the person's partner is receiving:

                (A)  a social security benefit; or

                (B)  a sheltered employment allowance; or

                (C)  a rehabilitation allowance; and

   (iii) the rate of the partner's benefit or allowance is increased by
        reference to the person; the person is a transferee to the new benefit
        and the person's transfer day is the day on which the person becomes
        qualified for the new benefit.
(8) Subject to subsection (9), "psychiatric confinement" in relation to a
person includes confinement in:

   (a)  a psychiatric section of a hospital; and

   (b)  any other place where persons with psychiatric disabilities are, from
        time to time, confined.

(9) The confinement of a person in a psychiatric institution during a period
when the person is undertaking a course of rehabilitation is not to be taken
to be psychiatric confinement.

(10) If a person is subject to an unused annual leave waiting period or an
ordinary waiting period for a social security benefit under Part 2.11
(unemployment benefit), Part 2.12 (job search allowance) or Part 2.14
(sickness benefit), the person is to be taken to have served the waiting
period if, and only if:

   (a)  the waiting period has ended; and

   (b)  the person was, throughout the waiting period, qualified for the
        social security benefit.
 Note 1: for "unused   annual leave waiting period" see sections 536, 607 and
679.
Note 2: for "ordinary waiting period" see sections 539, 610 and 682.
Participation in pension loans scheme

(11) For the purposes of this Act, a person is participating in the pension
loans scheme if:

   (a)  the person has made a request to participate in the scheme under
        section 1136; and

   (b)  because of the request, the value of the person's assets (or if the
        person is a member of a couple, the couple's assets) has been
        disregarded when determining the rate of pension or allowance payable
        to the person; and

   (c)  the person owes a debt to the Commonwealth under section 1135.