SOCIAL SECURITY ACT 1991
Table of Provisions
CHAPTER 1--Introductory
PART 1.1----FORMAL MATTERS
1 Short title 2 Commencement 3 Application of the Criminal Code 3AA Norfolk Island
PART 1.2----DEFINITIONS
PART 1.3----DETERMINATIONS HAVING INTERPRETATIVE EFFECT
24 Person may be treated as not being a member of a couple (subsection 4(2)) 24A Approved scholarship 25 Refugee visas 26 Impairment Tables and rules for applying them 27 Application of Impairment Tables 28 Approved programs of work for income support payment 28A Approval of programs of assistance 28C Declared program participants 29 Approval of friendly societies 30 Approval of mental hospitals 31 Approval of follow - up rehabilitation programs 32 Approval of sheltered employment --non - profit organisation 33 Approval of sheltered employment --supported employment 35 Approval of care organisation 35A Personal Care Support 35B Declared overseas terrorist act 36 Major disaster 36A Part 2.23B major disaster 37 Dependent child--inmate of a mental hospital 38B Notional continuous period of receipt of income support payments 38C Adult Disability Assessment Tool 38E Disability Care Load Assessment (Child) Determination 38F Treating health professional
PART 1.3B----LOSS OF SOCIAL SECURITY PAYMENTS AND CONCESSIONS FOR PERSONS ON SECURITY GROUNDS
38L Simplified outline of this Part 38M Loss of social security payments and concessions for persons on security grounds 38N Security notice from Home Affairs Minister 38P Notice from Foreign Affairs Minister 38R Copy of security notice to be given to Secretaries 38S Period security notice is in force 38SA Annual review of security notice 38T Revoking a security notice 38U Notices may contain personal information 38V Decisions under Part not decisions of officers 38W Notices not legislative instruments
PART 1.4----MISCELLANEOUS
39 Tables, calculators etc. form part of section 40 Activities that do not give rise to employment under certain industrial relations legislation
CHAPTER 2--Pensions, benefits and allowances
PART 2.2----AGE PENSION
Division 1--Qualification for and payability of age pension
Subdivision A--Qualification
43 Qualification for age pension Subdivision B--Payability
44 Age pension not payable if pension rate nil 47 Multiple entitlement exclusion 47A Exclusion of certain participants in ABSTUDY Scheme
Division 4--Rate of age pension
55 How to work out a person's age pension rate
Division 9--Bereavement payments
Subdivision A--Death of partner
82 Qualification for payments under this Subdivision 83 Continued payment of deceased partner's previous entitlement 84 Lump sum payable in some circumstances 85 Adjustment of person's age pension rate 86 Effect of death of person entitled to payments under this Subdivision 87 Matters affecting payment of benefits under this Subdivision Subdivision C--Death of recipient
91 Death of recipient
PART 2.2A----PENSION BONUS
Division 1--Introduction
Division 2--Qualification for pension bonus
92C Qualification for pension bonus
Division 3--Registration as a member of the pension bonus scheme
Subdivision A--Membership of the pension bonus scheme
92D Application for registration 92E Form of application 92F Relevant information 92G Lodgment of application 92H Timing of application and registration 92J Registration 92K Duration of membership 92L Cancellation of membership 92M Application for registration is not to be treated as a claim Subdivision B--Classification of membership of the pension bonus scheme
92N Accruing membership 92P Non - accruing membership--preclusion periods 92Q Non - accruing membership--Secretary's discretion 92R Continuity of accruing membership is not broken by a period of non - accruing membership 92S Post - 75 membership
Division 5--Passing the work test
Subdivision A--The work test
Division 6--Amount of pension bonus
93D How to calculate the amount of pension bonus 93E Qualifying bonus periods 93F Overall qualifying period 93G Pension multiple 93H Annual pension rate 93J Amount of pension bonus 93K Top up of pension bonus for increased rate of age pension 93L Top up of pension bonus in specified circumstances
Division 11--Preclusion periods
Division 12--Pension bonus bereavement payment
93WA Qualification for pension bonus bereavement payment 93WB Amount of pension bonus bereavement payment 93WC Definition of PBBP employment income
PART 2.3----DISABILITY SUPPORT PENSION
Division 1--Qualification for and payability of disability support pension
Subdivision A--Qualification
94 Qualification for disability support pension 94A Participation requirements 94B Participation plans 94C Illness or accident 94D Pre - natal and post - natal relief 94E Supported employment 94F Special circumstances 95 Qualification for disability support pension--permanent blindness 96 Continuation of disability support pension Subdivision B--Payability
98 Disability support pension not payable if pension rate nil 103 Multiple entitlement exclusion 103A Exclusion of certain participants in ABSTUDY Scheme 104 Seasonal workers --preclusion period
Division 5--Rate of disability support pension
117 How to work out a person's disability support pension rate 118 Approved program of work supplement 119 Approved program of work supplement not payable in certain circumstances 120 Effect of participation in an approved program of work for income support payment
Division 10--Bereavement payments
Subdivision A--Death of partner
146F Qualification for payments under this Subdivision 146G Continued payment of deceased partner's previous entitlement 146H Lump sum payable in some circumstances 146J Adjustment of person's disability support pension rate 146K Effect of death of person entitled to payments under this Subdivision 146L Matters affecting payment of benefits under this Subdivision Subdivision C--Death of recipient
146Q Death of recipient
PART 2.5----CARER PAYMENT
Division 1A--Interpretation
Division 1--Qualification for and payability of carer payment
Subdivision A--Qualification
Division 4--Rate of carer payment
Division 9--Bereavement payments
Subdivision A--Continuation of carer payment
235 Continuation of carer payment for bereavement period where person cared for dies 236 Continued carer payment rate 236A Lump sum payable in some circumstances 236B Subdivision not to apply in certain cases involving simultaneous death Subdivision B--Death of partner
237 Qualification for payments under this Subdivision 238 Continued payment of deceased partner's previous entitlement 239 Lump sum payable in some circumstances 240 Adjustment of person's carer payment rate 241 Effect of death of person entitled to payments under this Subdivision 242 Benefits under this Subdivision 243 Subdivision not to apply in certain cases involving simultaneous death Subdivision D--Death of recipient
246 Death of recipient
PART 2.5A----ONE-OFF PAYMENTS TO CARERS ELIGIBLE FOR CARER PAYMENT
Division 1--One-off payment to carers eligible for carer payment
247 One - off payment to carers (carer payment related) 248 What is the amount of the payment?
Division 2--2005 one-off payment to carers eligible for carer payment
249 2005 one - off payment to carers (carer payment related) 250 What is the amount of the payment?
251 2005 one - off payment to carers (carer service pension related) 252 What is the amount of the payment?
Division 4--2006 one-off payment to carers eligible for carer payment
253 2006 one - off payment to carers (carer payment related) 254 Amount of the one - off payment
Division 5--2006 one-off payment to carers eligible for wife pension
255 2006 one - off payment to carers (wife pension related) 256 Amount of the one - off payment
Division 6--2006 one-off payment to carers eligible for partner service pension
257 2006 one - off payment to carers (partner service pension related) 258 Amount of the one - off payment
259 2006 one - off payment to carers (carer service pension related) 260 Amount of the one - off payment
Division 8--2007 one-off payment to carers eligible for carer payment
261 2007 one - off payment to carers (carer payment related) 262 Amount of the one - off payment
Division 9--2007 one-off payment to carers eligible for wife pension
263 2007 one - off payment to carers (wife pension related) 264 Amount of the one - off payment
Division 10--2007 one-off payment to carers eligible for partner service pension
265 2007 one - off payment to carers (partner service pension related) 266 Amount of the one - off payment
267 2007 one - off payment to carers (carer service pension related) 268 Amount of the one - off payment
Division 12--2008 one-off payment to carers eligible for carer payment
269 2008 one - off payment to carers (carer payment related) 270 Amount of the one - off payment
Division 13--2008 one-off payment to carers eligible for wife pension
271 2008 one - off payment to carers (wife pension related) 272 Amount of the one - off payment
Division 14--2008 one-off payment to carers eligible for partner service pension
273 2008 one - off payment to carers (partner service pension related) 274 Amount of the one - off payment
275 2008 one - off payment to carers (carer service pension related) 276 Amount of the one - off payment
PART 2.6----ONE-OFF ENERGY ASSISTANCE PAYMENT
300 One - off energy assistance payment 301 Amount of one - off energy assistance payment
PART 2.6A----2019 ONE-OFF ENERGY ASSISTANCE PAYMENT
302 One - off energy assistance payment 303 Amount of one - off energy assistance payment
PART 2.6B----2020 ECONOMIC SUPPORT PAYMENTS
Division 1--First 2020 economic support payment
304 First 2020 economic support payment 305 Amount of first 2020 economic support payment
Division 2--Second 2020 economic support payment
306 Second 2020 economic support payment 307 Amount of second 2020 economic support payment
Division 3--Eligibility
PART 2.6C----ADDITIONAL ECONOMIC SUPPORT PAYMENTS
Division 1--Additional economic support payment 2020
309 Additional economic support payment 2020 310 Amount of additional economic support payment 2020
Division 2--Additional economic support payment 2021
311 Additional economic support payment 2021 312 Amount of additional economic support payment 2021
Division 3--Eligibility
PART 2.6D----2022 COST OF LIVING PAYMENT
Division 1--2022 cost of living payment
314 2022 cost of living payment 315 Amount of 2022 cost of living payment
Division 2--Eligibility
PART 2.10----PARENTING PAYMENT
Division 1--Qualification for and payability of parenting payment
Subdivision A--Qualification
500 Qualification for parenting payment 500B Qualification--assurance of support 500C Qualification affecting member of couple--unemployment due to industrial action 500D PP child 500E Prospective determinations for some recipients Subdivision B--General principles relating to payability
500I Parenting payment not payable if payment rate nil 500J Situations where payment not payable for failure to comply with certain requirements 500Q Assets test--payment not payable if assets value limit exceeded 500S Multiple entitlement exclusion 500V Educational schemes exclusion--person member of a couple 500VA Exclusion of certain participants in ABSTUDY Scheme 500WA Ordinary waiting period 500WB Duration of ordinary waiting period 500X Newly arrived resident's waiting period 500Y Duration of newly arrived resident's waiting period 500Z Seasonal workers --preclusion period
Subdivision A--Rate of parenting payment
Division 9--Bereavement payments
Subdivision A--Continuation of parenting payment after death of child
512 Death of PP child--continuation of qualification for 14 weeks Subdivision B--Death of recipient
513 Death of recipient--recipient not member of a couple 513A Death of recipient--recipient member of a couple Subdivision C--Death of partner
514 Surviving partner and deceased partner 514A Qualification for payments under this Subdivision 514B Continued payment of deceased partner's previous entitlement 514C Lump sum payable in some circumstances 514D Adjustment of person's parenting payment rate 514E Effect of death of surviving partner 514F Matters affecting payments under this Subdivision
CHAPTER 2--Pensions, benefits and allowances
PART 2.11----YOUTH ALLOWANCE
Division 1--Qualification for youth allowance
Subdivision A--Basic qualifications
540 Qualification for youth allowance--general rule 540A Qualification for youth allowance--claimants for disability support pension 540AA Qualification for youth allowance--new apprentices 540AB Qualification for youth allowance--claimants with medical conditions affecting their capacity to work 540B Qualification for youth allowance--transferee from social security pension 540BA Qualification for youth allowance--coronavirus 540C Qualification for youth allowance may continue to end of payment period Subdivision B--Undertaking full-time study
541B Undertaking full - time study 541C One course of education Subdivision C--Exemptions from undertaking full-time study
542 Situations in which a person is exempt from undertaking full - time study 542A Temporary incapacity exemption 542B Failure to attend interview etc. may result in cessation of temporary incapacity exemption 542C Time limit for temporary incapacity exemptions--maximum exemption period 542D Pre - natal and post - natal exemptions 542EA Exemption from undertaking full - time study--death of person's partner 542F Domestic violence or other special family circumstances exemption 542FA Disabled children or other family circumstances exemption 542G Training camp exemption 542H Special circumstances exemption Subdivision D--Youth allowance age
543 Youth allowance age 543A Minimum age for youth allowance 543B Maximum age for youth allowance Subdivision G--Miscellaneous
546 Prospective determinations for some allowance recipients
Division 2--Situations in which youth allowance is not payable
Subdivision A--Situations in which allowance not payable (general)
547 Youth allowance not payable if allowance rate nil 547AA Youth allowance not payable if person fails to attend interview etc. in certain circumstances 547AB Situations where allowance not payable for failure to comply with certain requirements Subdivision AB--Assets test
547A Allowance not payable if assets value limit exceeded 547B Who is excluded from application of assets test? 547C Assets value limit 547D Value of person's assets to include value of assets of partner in certain circumstances Subdivision C--Waiting periods
549 Waiting periods 549A Liquid assets test waiting period 549B Start of liquid assets test waiting period 549C Length of liquid assets test waiting period 549CA Ordinary waiting period 549CB Duration of ordinary waiting period 549D Newly arrived resident's waiting period 549E Length of newly arrived resident's waiting period 549F Effect of being subject to multiple waiting periods Subdivision D--Situations where allowance not payable because of youth allowance participation failure
549G Application of Subdivision 550 Youth allowance participation failures 550B Allowance not payable because of youth allowance participation failure 550C When the period of non - payment starts 550D When the period of non - payment ends Subdivision E--Situations where allowance not payable because of repeated failure
550E Application of Subdivision 551 Allowance not payable because of repeated failure 551A When the period of non - payment starts Subdivision F--Multiple entitlement exclusions
552 Multiple entitlement exclusions 552A Person receiving payment under certain schemes 552B Assurance of support Subdivision G--Employment-related exclusions
553 Employment - related exclusions 553A Unemployment due to industrial action 553B Move to area of lower employment prospects 553C Seasonal workers
Division 5--Rate of youth allowance
556 How to work out a person's youth allowance rate 556A Approved program of work supplement
Division 10--Bereavement payments
Subdivision A--Ongoing payments for death of partner
567 Qualification for payments under this Subdivision 567A Continued payment of partner's pension or benefit 567B Lump sum payable in some circumstances 567C Adjustment of person's youth allowance rate 567D Effect of death of person entitled to payments under this Subdivision 567E Matters affecting payments under this Subdivision Subdivision AA--One-off payment for death of partner
567FA Qualification for payment under this Subdivision 567FB Amount of payment Subdivision B--Continuation of youth allowance rate after death of child
567G Death of child--continuation of youth allowance rate for 14 weeks
PART 2.11A----AUSTUDY PAYMENT
Division 1--Qualification for austudy payment
Subdivision A--Basic qualifications
568 Qualification for austudy payment--general rule 568AA Qualification for austudy payment--new apprentices 568A Qualification for austudy payment--transferee from social security pension Subdivision B--Activity test
569 Activity test 569A Undertaking qualifying study 569AA One course of education 569B Approved course of education or study 569C Full - time students 569D Concessional study - load students 569E Normal amount of full - time study 569F First fortnight of classes 569G Progress rules--secondary students 569H Progress rules--tertiary students Subdivision C--Austudy age
570 Austudy age
Division 2--Situations in which austudy payment is not payable
Subdivision A--Situation in which austudy payment not payable (general)
572 Austudy payment not payable if payment rate nil 572A Situations where austudy payment not payable for failure to comply with certain requirements Subdivision B--Assets test
573 Austudy payment not payable if assets value limit exceeded 573B Assets value limit 573C Value of person's assets to include value of assets of partner Subdivision D--Waiting periods
575 Waiting periods 575A Liquid assets test waiting period 575B Start of liquid assets test waiting period 575C Length of liquid assets test waiting period 575D Newly arrived resident's waiting period 575E Length of newly arrived resident's waiting period 575EA Seasonal workers --preclusion period 575F Effect of being subject to 2 waiting periods Subdivision E--Situations where austudy payment not payable because of austudy participation failure
576 Austudy participation failures 576A Allowance not payable because of austudy participation failure 576B When the period of non - payment starts 576C When the period of non - payment ends Subdivision F--Situations where payment not payable because of repeated failure
577 Payment not payable because of repeated failure 577A When the period of non - payment starts Subdivision G--Multiple entitlement exclusions
578 Multiple entitlement exclusions 578A Person receiving payment under certain schemes 578B Assurance of support
Division 5--Rate of austudy payment
581 How to work out a person's austudy payment rate
Division 10--Bereavement payments on death of partner
592 Qualification for payments under this Division 592A Continued payment of partner's pension or benefit 592B Lump sum payable in some circumstances 592C Adjustment of person's austudy payment rate 592D Effect of death of person entitled to payments under this Division 592E Matters affecting payments under this Division
PART 2.11B----SCHOLARSHIP PAYMENTS FOR STUDENTS
Division 2--Relocation scholarship payment
592J Qualification for relocation scholarship payment 592K Circumstances in which person is not qualified for relocation scholarship payment 592L Amount of relocation scholarship payment
Division 3--Approved scholarship course
PART 2.12----JOBSEEKER PAYMENT
Division 1--Qualification for and payability of jobseeker payment
Subdivision A--Basic qualifications
593 Qualification for jobseeker payment 595 Persons may be treated as unemployed 596 Unemployment due to industrial action 596A Assurance of support 598 Liquid assets test waiting period 600 Prospective determinations for some jobseeker payment recipients Subdivision D--Situations where jobseeker payment not payable (general)
608 Jobseeker payment not payable if payment rate nil 611 Assets test--jobseeker payment not payable if assets value limit exceeded 612 Value of assets of members of couples 613 Full - time students 614 Multiple entitlement exclusion 615 Jobseeker payment not payable if person fails to attend interview etc. in certain circumstances Subdivision E--Situations where jobseeker payment not payable (waiting periods)
620 Ordinary waiting period 621 Duration of ordinary waiting period 623A Newly arrived resident's waiting period 623B Duration of newly arrived resident's waiting period Subdivision G--Situations where jobseeker payment not payable (administrative breaches)
631 Situations where jobseeker payment not payable for failure to comply with certain requirements Subdivision H--Other situations where jobseeker payment not payable
633 Seasonal workers 634 Move to area of lower employment prospects
Division 4--Rate of jobseeker payment
643 How to work out a person's jobseeker payment rate 644AAA Approved program of work supplement 654 Rate of jobseeker payment for former recipients of wife pension 655 Wife pension transition rate--method 1 656 Wife pension transition rate--method 2
Division 9--Bereavement payments
Subdivision AA--Ongoing payments for death of partner
660LA Qualification for payments under this Subdivision 660LB Continued payment of partner's pension or benefit 660LC Lump sum payable in some circumstances 660LD Adjustment of a person's jobseeker payment rate 660LE Effect of death of person entitled to payments under this Subdivision 660LF Matters affecting payments under this Subdivision Subdivision A--One-off payment for death of partner
660LH Qualification for payment under this Subdivision 660LI Amount of payment Subdivision B--Continuation of jobseeker payment rate after death of child
660M Death of child--continuation of jobseeker payment rate for 14 weeks
PART 2.13----REMOTE ENGAGEMENT PROGRAM PAYMENT
Division 1--Qualification for and payability of remote engagement program payment
Subdivision A--Qualification
661A Qualification for remote engagement program payment 661B Definition of qualifying remote income support payment Subdivision B--Payability
661C Remote engagement program payment not payable in specified circumstances 661D Time limits on payability of remote engagement program payment
Division 2--Rate of remote engagement program payment
661E Remote engagement program payment--determination of rate
Division 3--Miscellaneous matters
661F Effect of undertaking activities under the remote engagement program
PART 2.13A----EDUCATION ENTRY PAYMENT
Division 1--Recipients of pension PP (single)
Division 2--Recipients of disability support pension
Division 4--Special benefit recipients
Division 6--Jobseeker payment recipients
Division 8A--Carer payment recipients
Division 12--Recipients of PP (partnered)
Division 13--Protection of education entry payment
665ZY Education entry payment to be absolutely inalienable 665ZZ Effect of garnishee or attachment order
PART 2.15----SPECIAL BENEFIT
Division 1--Qualification for and payability of special benefit
Subdivision A--Qualification
729 Qualification for special benefit 729A Time limit on qualification for certain recipients of special benefit 729AA Effect of industrial action on qualification conditions of certain claimants for special benefit 729B Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks 729C Consequence of subsection 729B(2) determination 730 Determination of period Subdivision B--Payability
732 Special benefit not payable if benefit rate nil 733 Assets test--benefit not payable if assets value limit exceeded 734 Value of assets of members of couples 735 Multiple entitlement exclusion 736 Secretary may require certain persons to attend courses or undertake work 737 Full - time students 738 Payments under certain education schemes 739 SPB homeless person 739A Newly arrived resident's waiting period 739B Secretary to act in accordance with guidelines 739C Guidelines for exercise of Secretary's powers under subsection 739A(7) Subdivision D--Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches)
745H Situations where special benefit not payable for failure to comply with certain requirements Subdivision F--Other situations where special benefit not payable to persons who are nominated visa holders
745M Seasonal workers 745N Move to area of lower employment prospects
Division 4--Rate of special benefit
746 Rate of special benefit 747 Approved program of work supplement for persons who are nominated visa holders 759 Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders
Division 9--Bereavement payments
Subdivision AA--Death of partner
768A Qualification for payments under this Subdivision 768B Continued payment of partner's pension or benefit 768C Lump sum payable in some circumstances 768D Adjustment of a person's special benefit rate 768E Effect of death of person entitled to payments under this Subdivision 768F Matters affecting payments under this Subdivision
PART 2.16----SPECIAL NEEDS PENSIONS
Division 1A--Time limit on grant of special needs wife pension
771P Special needs wife pension not to be granted after 30 June 1995
Division 1B--Time limit on grant of other special needs pensions
771PA Special needs pensions not to be granted after 20 September 2000
Division 1--Qualifications for and payability of special needs pensions
Subdivision A--Qualification
772 Qualification for special needs age pension 773 Qualification for special needs disability support pension 774 Qualification for special needs wife pension Subdivision B--Payability
779 Special needs pension not payable if pension rate nil 783 Second special needs pension generally not payable after cancellation of initial pension 787 Multiple entitlement exclusion
Division 5--Rate of special needs pension
796 How to work out a person's special needs pension rate working life residence
Module C--Residence factor
Division 10--Bereavement payments
Subdivision A--Death of partner
822 Qualification for payments under this Subdivision 823 Continued payment of deceased partner's previous entitlement 824 Lump sum payable in some circumstances 825 Adjustment of rate of person's special needs pension 826 Effect of death of person entitled to payments under this Subdivision 827 Matters affecting payment of benefits under this Subdivision Subdivision C--Death of recipient
830 Death of recipient
PART 2.17----ECONOMIC SECURITY STRATEGY PAYMENT
900 Qualification for economic security strategy payment 901 Amount of economic security strategy payment--general 902 Amount of economic security strategy payment--person receiving carer allowance
PART 2.18----TRAINING AND LEARNING BONUS
910 Qualification for training and learning bonus 911 Amount of training and learning bonus
PART 2.18A----CLEAN ENERGY PAYMENTS
Division 1--Clean energy advances
Subdivision A--Qualifying for clean energy advances
914 Recipients of certain social security payments 914A Recipients of austudy, youth allowance, some disability support pensions and some special benefits 914B Disregard nil rate in certain circumstances 914C Limits on qualifying for multiple advances Subdivision B--Amount of a clean energy advance
914D Amount of a clean energy advance 914E Clean energy advance daily rate 914F Number of advance days Subdivision C--Top-up payments of clean energy advance
914G Top - up payments of clean energy advance
Division 2--Quarterly energy supplement
915 When quarterly energy supplement is payable 915A Electing to receive quarterly energy supplement 915B Rate of quarterly energy supplement
Division 4--Essential medical equipment payment
917A Definitions 917B Qualification for essential medical equipment payment 917C The medical needs requirement 917D The concession card requirement 917E The energy account requirement 917F Availability of payments 917G Amount of payment 917H Non - receipt of social security payment
Division 5--Multiple qualification exclusions
918 Multiple qualification exclusions
PART 2.19----CARER ALLOWANCE
Division 1--Interpretation
Division 2--Qualification for and payability of carer allowance
Subdivision A--Qualification
953 Qualification for carer allowance--caring for either 1 or 2 disabled children 953A Remaining qualified for carer allowance after child turns 16 954 Qualification for carer allowance--caring for a disabled adult in a private home of both the adult and the carer 954A Qualification for carer allowance--caring for a disabled adult in a private home not shared by the adult and carer 954B Qualification for carer allowance--receiving carer payment for caring for child or children 955 Qualification for carer allowance--hospitalisation 956 Absence from Australia 957 Effect of cessation of care etc. on carer allowance 957A Carer allowance income test 957B Adjusted taxable income 957C Accepted estimates 957D Income from long - term financial assets Subdivision B--Limitations on payability
958 Carer allowance not payable if allowance rate nil 964 Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made 965 Carer allowance not payable to more than one member of a couple 966 Newly arrived resident's waiting period 967 Duration of newly arrived resident's waiting period
Division 5--Rate of carer allowance
Division 6--Multiple qualification for carer allowance for same care receiver or receivers
Division 10--Bereavement payments (death of disabled child or adult)
Subdivision A--Death of disabled child
992J Continued carer allowance during bereavement rate continuation period where disabled child dies 992K Lump sum payable in some circumstances Subdivision B--Death of disabled child (special short-term assistance)
992L Continuation of qualification for carer allowance for 4 weeks in some cases where recipient's disabled child dies Subdivision BA--Death of disabled adult
992LA Continued carer allowance during bereavement rate continuation period where disabled adult dies 992LB Lump sum payable in some circumstances Subdivision C--Death of recipient
992M Death of recipient
PART 2.19AA----CHILD DISABILITY ASSISTANCE
PART 2.19A----ONE-OFF PAYMENTS TO CARERS ELIGIBLE FOR CARER ALLOWANCE
Division 1--One-off payment to carers eligible for carer allowance
992N One - off payment to carers (carer allowance related) 992O In respect of what care receivers is the payment payable? 992P What is the amount of the payment?
Division 2--2005 one-off payment to carers eligible for carer allowance
992Q 2005 one - off payment to carers (carer allowance related) 992R In respect of what care receivers is the payment payable? 992S What is the amount of the payment?
Division 3--2006 one-off payment to carers eligible for carer allowance
992T 2006 one - off payment to carers (carer allowance related) 992U In respect of which care receivers is the payment payable? 992V Amount of the one - off payment
Division 4--2007 one-off payment to carers eligible for carer allowance
Division 5--2008 one-off payment to carers eligible for carer allowance
PART 2.19B----CARER SUPPLEMENT
PART 2.20----DOUBLE ORPHAN PENSION
Division 1--DOP child status
993 Double orphan--not refugee 994 Double orphan--refugee 995 Refugee child 996 Long - term prisoner 997 Patient on a long - term basis 998 Person uncontactable
Division 2--Qualification for and payability of double orphan pension
Subdivision A--Qualification
999 Qualification for double orphan pension Subdivision B--Payability
1003 Double orphan pension not payable for child receiving a pension under the Veterans' Entitlements Act
Division 5--Rate of double orphan pension
1010 Rate of double orphan pension
Division 10--Bereavement payments (death of DOP child)
Subdivision A--Death of DOP child (General)
1033 Continued double orphan pension during bereavement rate continuation period where DOP child dies 1034 Lump sum payable in some circumstances Subdivision AA--Death of dependent child (special short-term assistance)
1034AA Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient's DOP child dies Subdivision B--Death of recipient
1034A Death of recipient
PART 2.21----MOBILITY ALLOWANCE
Division 1--Qualification for and payability of mobility allowance
Subdivision A--Qualification
1035 Qualification for mobility allowance (rate specified in subsection 1044(1)) 1035A Qualification for mobility allowance (rate specified in subsection 1044(1A)) Subdivision B--Payability
1036 Mobility allowance not payable at 2 rates 1037 Mobility allowance not payable where person receiving motor vehicle assistance 1038 Mobility allowance not payable when person is NDIS participant 1039AA Newly arrived resident's waiting period 1039AB Duration of newly arrived resident's waiting period
Division 2--Rate of mobility allowance
Division 3--Mobility allowance advance
1045 Qualification for mobility advance
Division 4--Continuation
1046 Continuation of mobility allowance when person ceases to be qualified
PART 2.21A----LANGUAGE, LITERACY AND NUMERACY SUPPLEMENT
Division 1--Preliminary
Division 2--Qualification for language, literacy and numeracy supplement
1048 General statement of qualification
Division 3--Circumstances where language, literacy and numeracy supplement not payable
1049 Language, literacy and numeracy supplement not payable in certain circumstances
Division 4--Rate increase relating to language, literacy and numeracy supplement
1050 Rate increase attributable to language, literacy and numeracy supplement
PART 2.22----ADVANCE PAYMENTS OF SOCIAL SECURITY ENTITLEMENTS
Division 1--Qualification for advance payment
1061A Qualification for advance payment
Division 2--Applying for advance payment
1061B Application 1061C Form of application 1061D Lodgment of application 1061E Application may be withdrawn
Division 3--Determination of application and payment of advance payment
1061EA Secretary to determine application 1061EB Payment of advance payment
Division 4--Amount of advance payment
1061ECA Amount of advance payment--age and disability support pensions and carer payment 1061ED Amount of advance payment--pension PP (single) 1061EE Amount of advance payment--certain other social security payments
Division 5--Payment of advance payment
1061EI Advance payment to be paid to person or nominee 1061EJ Payment into bank account etc.
Division 6--Protection of advance payment
1061EK Advance payment to be absolutely inalienable
Division 7--Repayment of advance payment
1061EL Repayment of advance payment
PART 2.22A----SPECIAL EMPLOYMENT ADVANCES
Division 1--Qualification for special employment advance
1061EM Qualification for special employment advance 1061EN Meaning of in severe financial hardship 1061EO Person not qualified in certain circumstances
Division 4--Amount of special employment advance
1061EW Where claim based on effect of unreceived income on special employment advance qualifying entitlement 1061EX Where claim based on claimant's need for financial assistance to take up offered employment
Division 7--Repayment of special employment advance
1061EZC Repayment of special employment advance
PART 2.23----ADVANCE PHARMACEUTICAL ALLOWANCE
Division 1--Qualification for and payability of advance pharmaceutical allowance
1061F Qualification for advance pharmaceutical allowance 1061G Advance pharmaceutical allowance not payable in some circumstances
Division 3--Amount of advance pharmaceutical allowance
1061JC Amount of advance pharmaceutical allowance 1061JD Annual limit
PART 2.23A----CRISIS PAYMENT
Division 1--Qualification for crisis payment
1061JG Qualification--release from gaol or psychiatric confinement 1061JH Qualification--extreme circumstances forcing departure from home 1061JHA Qualification--remaining in home after removal of family member due to domestic or family violence 1061JI Qualification--humanitarian entrant to Australia 1061JIA Qualification--national health emergency 1061JJ Crisis payment not payable in addition to disaster relief payment 1061JK Crisis payment not payable if assurance of support in force 1061JL Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme
Division 4--Amount of crisis payment
PART 2.23B----DISASTER RECOVERY ALLOWANCE
Division 1--Qualification for Disaster Recovery Allowance
1061KA Qualification for Disaster Recovery Allowance 1061KB Disaster Recovery Allowance not payable if assurance of support in force
Division 2--Rate of Disaster Recovery Allowance
1061KC Rate of Disaster Recovery Allowance
Division 3--Other matters
1061KD Period that Disaster Recovery Allowance is payable 1061KE Non - receipt of social security payment
PART 2.24----AUSTRALIAN GOVERNMENT DISASTER RECOVERY PAYMENT
Division 1--Qualification for Australian Government Disaster Recovery Payment
1061K Qualification for Australian Government Disaster Recovery Payment 1061L Meaning of adversely affected
Division 2--Amount of Australian Government Disaster Recovery Payment
1061M Amount of payment for disasters in Australia 1061N Amount of payment for disasters outside Australia 1061P Determinations of rates
Division 3--Recoverable payments etc.
PART 2.24AA----AUSTRALIAN VICTIM OF TERRORISM OVERSEAS PAYMENT
Division 1--Qualification for Australian Victim of Terrorism Overseas Payment
1061PAA Qualification for Australian Victim of Terrorism Overseas Payment 1061PAB Whether a person can be qualified for more than one AVTOP in relation to the same terrorist act
Division 2--Payability of Australian Victim of Terrorism Overseas Payment to secondary victims
1061PAC When AVTOP for secondary victims is not payable
Division 3--Amount of Australian Victim of Terrorism Overseas Payment
1061PAD Amount of AVTOP for a primary victim 1061PAE Amount of AVTOP for a secondary victim 1061PAF AVTOP Principles
Division 4--Other
PART 2.24A----PENSIONER EDUCATION SUPPLEMENT
Division 1--Qualification for pensioner education supplement
Subdivision A--The basic rules
1061PA Qualification for pensioner education supplement Subdivision B--Undertaking qualifying study
1061PB Undertaking qualifying study 1061PC Approved course of education or study 1061PD Full - time students 1061PE Concessional study - load students 1061PF Normal amount of full - time study 1061PG First fortnight of classes 1061PH Progress rules--secondary students 1061PI Progress rules--tertiary students Subdivision C--Payments attracting pensioner education supplement
1061PJ Payments attracting pensioner education supplement Subdivision D--Pensioner education supplement age
1061PK Pensioner education supplement age 1061PL When a person is regarded as independent Subdivision E--Residency
1061PM Residency requirements 1061PN Absence of persons overseas
Division 2--Situations in which pensioner education supplement is not payable
Subdivision C--Newly arrived resident's waiting period
1061PT Pensioner education supplement not payable during newly arrived resident's waiting period 1061PU Newly arrived resident's waiting period 1061PV Length of newly arrived resident's waiting period Subdivision D--Multiple entitlement exclusion
1061PW Meaning of multiple entitlement exclusion 1061PX Multiple entitlement exclusion
Division 5--Rate of pensioner education supplement
1061PZG Rate of pensioner education supplement
PART 2.25----TELEPHONE ALLOWANCE
Division 1--Qualification for and payability of telephone allowance
1061Q Qualification for telephone allowance 1061R Telephone allowance not payable in some circumstances
Division 2--Rate of telephone allowance
1061S Standard rate of telephone allowance 1061SA Increased rate of telephone allowance 1061SB Increased rate of telephone allowance for home internet
PART 2.25A----UTILITIES ALLOWANCE
Division 1--Qualification for and payability of utilities allowance
1061T Qualification for utilities allowance 1061TA When utilities allowance is payable
Division 2--Rate of utilities allowance
1061TB Rate of utilities allowance
PART 2.25B----ENERGY SUPPLEMENT
Division 1--Qualification and payability
1061U Qualification for energy supplement 1061UA When energy supplement is payable
Division 2--Rate of energy supplement
1061UB Rate of energy supplement
PART 2.25C----QUARTERLY PENSION SUPPLEMENT
1061V When this Part applies 1061VA Quarterly pension supplement 1061VB Rate of quarterly pension supplement
PART 2.26----FARES ALLOWANCE
Division 1--Qualification for fares allowance
Division 3--Amount of fares allowance
CHAPTER 2A--Benefits and concessions other than payments
PART 2A.1----CONCESSION CARDS
Division 1--Qualification for, and issue of, pensioner concession card
1061ZA General qualification rules 1061ZC Extended qualification rule: long - term recipient of social security benefits 1061ZCA Extended qualification rule: former recipient of age pension and partner 1061ZCB Extended qualification rule: former recipient of carer payment 1061ZD Extended qualification rule: former recipient of disability support pension and partner 1061ZDA Extended qualification rule: former recipient of pension PP (single) 1061ZDB Extended qualification rule: partner of former recipient of veterans' entitlement 1061ZEA Further extended qualification rule: loss of payment because of employment income 1061ZEB Extended qualification rule: persons with a partial capacity to work 1061ZEC Effect of compliance penalty periods 1061ZF Issue of pensioner concession card
Division 2--Qualification for seniors health card
1061ZG Qualification rules 1061ZH Newly arrived resident's waiting period 1061ZI Duration of newly arrived resident's waiting period 1061ZJ Giving of copy of assessment of taxable income to Secretary 1061ZJA Modifications if person's rate of social security pension is nil on 1 January 2017 1061ZJB Other modifications because of Veterans' Entitlements Act
Division 3--Qualification for health care card
Subdivision A--Qualification for automatic issue health care card
1061ZK Qualification: general rules 1061ZM Qualification for health care card: employment - affected person 1061ZMA Further extended qualification rule: loss of payment because of employment income 1061ZN Residence requirement 1061ZNA Effect of compliance penalty periods Subdivision B--Qualification for health care card in other circumstances
1061ZO Qualification 1061ZP Person subject to newly arrived resident's waiting period 1061ZQ Newly arrived resident's waiting period 1061ZR Duration of newly arrived resident's waiting period Subdivision C--Miscellaneous provisions relating to health care cards
1061ZS Issue of health care cards 1061ZT Certain dependants not qualified for health care card
Division 4--Non-cancellation of concession cards for temporary overseas absences
1061ZUA Persons to whom Division applies 1061ZUB Non - cancellation of concession cards for temporary overseas absences 1061ZUC Extension cards
CHAPTER 2AA--Student start-up loans
PART 2AA.1----INTRODUCTION
1061ZVAA Simplified outline of this Chapter
PART 2AA.2----QUALIFICATION FOR AND AMOUNT OF STUDENT START-UP LOAN
1061ZVBA Simplified outline of this Part 1061ZVBB Qualification for student start - up loan 1061ZVBC Circumstances in which person is not qualified for student start - up loan 1061ZVBD Amount of student start - up loan
PART 2AA.3----INDEBTEDNESS
Division 1--Introduction
1061ZVCA Simplified outline of this Part
Division 2--Incurring SSL debts
PART 2AA.4----DISCHARGE OF INDEBTEDNESS
Division 1--Introduction
Division 2--Voluntary discharge of indebtedness
Division 3--Compulsory discharge of indebtedness
Subdivision A--Liability to repay amounts
PART 2AA.5----TAX ADMINISTRATION MATTERS
1061ZVJA Simplified outline of this Part 1061ZVJB Verification of tax file numbers 1061ZVJC When person with tax file number incorrectly notifies number 1061ZVJD When person without tax file number incorrectly notifies number 1061ZVJE When tax file numbers are altered 1061ZVJF When tax file numbers are cancelled 1061ZVJG Returns , assessments, collection and recovery 1061ZVJH Charges and civil penalties for failing to meet obligations 1061ZVJJ Pay as you go (PAYG) withholding 1061ZVJK Pay as you go (PAYG) instalments 1061ZVJL Administration of this Chapter
CHAPTER 2B--Student Financial Supplement Scheme
PART 2B.1----ESTABLISHMENT OF SCHEME
Division 1--Preliminary
Division 2--Eligibility to obtain financial supplement
Division 3--Decision and notice about eligibility to obtain financial supplement
Division 4--Agreements between Commonwealth and financial corporations
Division 5--Application for financial supplement
Division 6--Amount of financial supplement
Subdivision A--Category 1 students
Division 7--Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement
1061ZZAR Purpose of Division 1061ZZAS Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement
Division 8--Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education supplement
Subdivision A--Purpose of Division
1061ZZAT Purpose of Division Subdivision B--When a person may repay youth allowance, austudy payment or pensioner education supplement to obtain or increase financial supplement
1061ZZAU Election to repay youth allowance, austudy payment or pensioner education supplement 1061ZZAV Timing of repayment Subdivision C--Repayment
1061ZZAW Effect of repayment
Division 9--Financial supplement contracts
Subdivision A--Making a contract for payment of financial supplement
Division 10--Payment of financial supplement
Division 11--Protection of financial supplement
1061ZZBN Financial supplement to be absolutely inalienable 1061ZZBO Effect of garnishee or attachment order
Subdivision A--Statements about tax file numbers
1061ZZBP Secretary may request person obtaining financial supplement to give statement of person's tax file number 1061ZZBQ Secretary may request person obtaining financial supplement to give statement of parent 's tax file number Subdivision B--Notice of events or changes in circumstances
1061ZZBR Secretary may give notice requiring information 1061ZZBS Event or change relevant to payment 1061ZZBT Formalities related to notice 1061ZZBU Validity of notice 1061ZZBV Period within which information to be given 1061ZZBW Refusal or failure to comply with notice 1061ZZBX Application overseas Subdivision C--Notice about a matter relevant to payment of financial supplement
1061ZZBY Secretary may give notice requiring statement on matter 1061ZZBZ Formalities related to notice 1061ZZCA Validity of notice 1061ZZCB Period within which statement to be given 1061ZZCC Statement must be in approved form 1061ZZCD Refusal or failure to comply with notice 1061ZZCE Application overseas
Division 13--Early repayments of financial supplement
Subdivision A--Calculation and notification of amount outstanding under financial supplement contract
PART 2B.2----PAYMENTS OF FINANCIAL SUPPLEMENT UNDER SCHEME TO STOP IN CERTAIN CIRCUMSTANCES
Division 1--Payments to stop at request of recipient
Division 2--Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount
Subdivision A--Notice that payments are to stop
1061ZZCW Secretary must give notice to person and corporation 1061ZZCX Effect of notice 1061ZZCY This Subdivision is subject to sections 1061ZZFS and 1061ZZFT Subdivision B--Original amount paid because person failed to notify change of circumstances
1061ZZCZ Secretary may give notice to person and corporation 1061ZZDA Effect of notice 1061ZZDB Transfer of corporation's rights to Commonwealth 1061ZZDC Apportionment of financial supplement 1061ZZDD Liability of Commonwealth to corporation 1061ZZDE Liability of person to Commonwealth 1061ZZDF This Subdivision not to affect Subdivision A Subdivision C--Original amount paid because of false or misleading information
1061ZZDG Secretary may give notice to person and corporation 1061ZZDH Effect of notice 1061ZZDI Transfer of corporation's rights to Commonwealth 1061ZZDJ Apportionment of financial supplement 1061ZZDK Liability of Commonwealth to corporation 1061ZZDL Liability of person to Commonwealth 1061ZZDM This Subdivision not to affect Subdivision A
Division 3--Payments to stop if person ceases to be eligible to obtain financial supplement
Subdivision A--Notice that payments are to stop
1061ZZDN Secretary must give notice to person and corporation 1061ZZDO Effect of notice 1061ZZDP This Subdivision is subject to sections 1061ZZFS and 1061ZZFT Subdivision B--Financial supplement paid because person failed to notify change of circumstances
1061ZZDQ Secretary may give notice to person and corporation 1061ZZDR Effect of notice 1061ZZDS Transfer of corporation's rights to Commonwealth 1061ZZDT Apportionment of financial supplement 1061ZZDU Liability of Commonwealth to corporation 1061ZZDV Liability of person to Commonwealth 1061ZZDW This Subdivision not to affect Subdivision A
Division 4--Payments to stop if person is found never to have been eligible to obtain financial supplement
Subdivision A--Notice that payments are to stop
Division 5--Payments to stop if person dies
1061ZZEH Secretary may give notice to corporation if other party to contract dies 1061ZZEI Effect of notice 1061ZZEJ Discharge of corporation's liability 1061ZZEK Transfer of corporation's rights to Commonwealth 1061ZZEL Liability of Commonwealth to corporation 1061ZZEM Discharge of person's liability
PART 2B.3----REPAYMENT OF FINANCIAL SUPPLEMENT THROUGH TAXATION SYSTEM AFTER TERMINATION DATE
Division 1--Purpose and application of Part
Division 4--Voluntary repayments of FS debts
Division 5--Compulsory repayments in respect of accumulated FS debt
Division 6--Application of tax legislation
1061ZZFG Application of tax legislation 1061ZZFGA Charges and administrative penalties for failing to meet obligations 1061ZZFGB Pay as you go (PAYG) withholding 1061ZZFGD Pay as you go (PAYG) instalments
Division 7--Assessments
Division 8--Commissioner of Taxation may delay assessment
Division 10--Treatment of payments under financial supplement scheme
PART 2B.4----MISCELLANEOUS
Division 2--Review of decisions
1061ZZFS What happens if a decision of the Secretary is set aside 1061ZZFT What happens if a decision of the Secretary is varied
Division 3--Transfer of rights under this Chapter
1061ZZFU Notices of transfer 1061ZZFV Transfers not subject to State or Territory taxes
CHAPTER 2C--Assurances of support
PART 2C.1----GIVING ASSURANCES
1061ZZGA What is an assurance of support? 1061ZZGB Who may give an assurance of support? 1061ZZGC How to give an assurance of support
PART 2C.2----ACCEPTANCE OF ASSURANCES
1061ZZGD Accepting or rejecting an assurance of support 1061ZZGE Notices relating to an assurance of support
PART 2C.3----EFFECT OF ACCEPTED ASSURANCES
1061ZZGEA Assurance cannot be withdrawn once visa issued 1061ZZGF When an accepted assurance is in force 1061ZZGG Liability to pay for social security payments
PART 2C.4----DETERMINATIONS
PART 2C.5----ASSURANCES BY UNINCORPORATED BODIES
1061ZZGI Application of social security law to unincorporated bodies
CHAPTER 2D--Arrangements and grants relating to assisting persons to obtain and maintain paid work
1062 Simplified outline of this Chapter 1062A Arrangements and grants relating to assisting persons to obtain and maintain paid work 1062B Constitutional limits 1062C Executive power of the Commonwealth 1062D Inclusion of information in annual report 1062DA Application of Administration Act
CHAPTER 3--General provisions relating to payability and rates
PART 3.1----RATE CALCULATORS (GENERAL)
1062E Steps in rate calculation 1063 Standard categories of family situations
PART 3.2----PENSION RATE CALCULATOR A
1064 Rate of age and disability support pensions and carer payment (people who are not blind)
PART 3.3----PENSION RATE CALCULATOR B
1065 Rate of age and disability support pension (blind people)
PART 3.4A----PENSION RATE CALCULATOR D
1066A Rate of disability support pension (people under 21 who are not blind)
PART 3.4B----PENSION RATE CALCULATOR E
1066B Rate of disability support pension (people under 21 who are blind)
PART 3.5----YOUTH ALLOWANCE RATE CALCULATOR
1067 Definitions 1067A When a person is regarded as independent 1067B Accommodated independent person 1067C Member of a YA couple 1067D Person required to live away from home 1067E Person living at home 1067F Long term income support student 1067G Rate of youth allowance parental income
Module F--Parental income test
Submodule 1--Parental income test result
Submodule 2--Exemption from parental income test
Submodule 3--Appropriate tax year
Submodule 4--Combined parental income
Submodule 5--Parental income free area
Submodule 6--If person's combined parental income exceeds parental income free area
Module GA--Maintenance income test
Submodule 1--Maintenance income test result
Submodule 2--Exemption from maintenance income test
Submodule 3--Annualised amount of maintenance income for parent of a person
Submodule 4--Maintenance income free area
Module H--Income test
Module J--Student income bank
Module K--Remote area allowance
Module L--Table of pensions, benefits, allowances and compensation
PART 3.5A----AUSTUDY PAYMENT RATE CALCULATOR
1067H Definitions 1067J Person living at home 1067K Long term income support student 1067L Rate of austudy payment
PART 3.6----BENEFIT RATE CALCULATOR B
1068 Rate of jobseeker payment
PART 3.6A----PARENTING PAYMENT RATE CALCULATOR
1068A Rate of parenting payment --pension PP (single) 1068B Rate of parenting payment --PP (partnered)
PART 3.7----RENT ASSISTANCE
Division 1--Operation of this Part
1070 When this Part applies 1070A Effect of this Part
Division 2--Qualification for rent assistance
1070B Qualification--general rule 1070C Common requirements (about aged care residence, home ownership and rent ) 1070D Specific requirement (carer payments and certain age and disability support pensions) 1070E Specific requirement (certain parenting payments ) 1070F Specific requirement (certain disability support pensions) 1070G Specific requirement (youth allowance) 1070H Specific requirement (austudy payment and jobseeker payment) 1070J Specific requirement (certain parenting payments )
Division 3--Rate of rent assistance
1070K Rate depends on social security payment and family situation 1070L Rate for carer payments and certain age and disability support pensions 1070M Rate for certain parenting payments 1070N Rate for disability support pension (person aged under 18) 1070P Rate for disability support pension (person aged between 18 and 21) 1070Q Rate for youth allowance, austudy payment and jobseeker payment 1070R Rate for certain parenting payments
Division 4--Certain concepts used in this Part
PART 3.9----SENIORS HEALTH CARD INCOME TEST CALCULATOR
1071 Seniors Health Card Income Test Calculator
PART 3.9A----HEALTH CARE CARD INCOME TEST CALCULATOR
PART 3.10----GENERAL PROVISIONS RELATING TO THE ORDINARY INCOME TEST
Division 1--Ordinary income concept and treatment of certain income amounts
1072 General meaning of ordinary income 1072A Treatment of certain lump sum payments 1073 Certain amounts taken to be received over 12 months
Division 1AAA--Work bonus
Division 1AA--Employment income attribution rules
1073A Attribution of employment income paid in respect of a particular period or periods 1073B Attribution of employment income paid monthly 1073BA Attribution of employment income paid not in respect of a particular period 1073BB Anti - avoidance 1073BC Exclusion of certain payments 1073BD Daily attribution of employment income for amounts not elsewhere covered in this Division 1073C Fortnightly or yearly expression of attributed employment income
Division 1AB--Working credit accrual and depletion rules and their consequences
1073D To whom do working credit accrual and depletion rules apply? 1073E Opening balance 1073F Working out accruals and depletions of working credit for social security beneficiaries 1073G Working out the effect of a working credit depletion on the fortnightly rate of ordinary income for a social security beneficiary 1073H Working out accruals and depletions of working credit for social security pensioners 1073I Working out the effect of a working credit depletion on the yearly rate of ordinary income for a social security pensioner 1073J Working credit balance prevents loss of qualification in certain cases
Division 1A--Business income
1074 Ordinary income from a business--treatment of trading stock 1075 Permissible reductions of business income
Division 1C--Income from income streams not covered by Division 1B
Subdivision B--Income streams that are not family law affected income streams
Division 1D--Aged care accommodation bonds: certain transactions before 6 November 1997
Division 1E--Refunds to charge exempt residents
Division 2--Conversion of foreign currency amounts
1100 How value of a payment received in a foreign currency is to be determined 1100A Determining value of a payment originally denominated in a foreign currency but made in Australian currency
Division 3--Disposal of ordinary income
1106 Disposal of ordinary income 1107 Amount of disposition 1108 Disposal of ordinary income--individuals 1109 Disposal of ordinary income--members of couples 1111 Dispositions more than 5 years old to be disregarded
PART 3.12----GENERAL PROVISIONS RELATING TO THE ASSETS TEST
Division 1--Value of person's assets
Division 2--Disposal of assets
1123 Disposal of assets 1124 Amount of disposal or disposition 1124A Disposal of assets in pre - pension years --individuals 1125 Disposal of assets in pension years --individuals 1125A Disposal of assets in pre - pension years --members of couples 1126 Disposal of assets in pension years --members of couples 1126AA Disposal of assets in income year --individuals 1126AB Disposals of assets in 5 year period--individuals 1126AC Disposal of assets in income year --members of couples 1126AD Disposal of assets in 5 year period--members of couples 1126A Disposal of assets in pre - pension year --family members 1126B Disposal of assets in pension year --family members 1126C Disposal of assets in income year --family members 1126D Disposals of assets in 5 year period--family members 1126E Modification of this Division in respect of certain assets 1127 Disposition more than 5 years old to be disregarded 1127A Division does not apply for purposes of care receiver assets test
Division 3--Financial hardship
1129 Access to financial hardship rules--pensions 1130 Application of financial hardship rules--pensions 1130A Division does not apply for purposes of care receiver assets test 1130B Access to financial hardship rules--pension PP (single) 1130C Application of financial hardship rules--pension PP (single) 1131 Access to financial hardship rules--benefits 1132 Application of financial hardship rules--benefits
Division 4--Pension loans scheme
1133AA Pension loans scheme definitions 1133 Qualification for participation in pension loans scheme 1134 Effect of participation in pension loans scheme --pension rate 1134A Pension loans scheme advance payment 1135 Effect of participation in pension loans scheme --creation of debt 1135A Effect of participation in pension loans scheme --maximum loan available 1136 Need for a request to participate 1137 Need for a request to later nominate or change nominated amount or rate of pension 1137AA Need for a request for a pension loans scheme advance payment 1137A Non - receipt of social security pension or social security payment 1138 Existence of debt results in charge over real assets 1139 Debt not to be recovered until after death 1140 Enforcement of charge 1141 Person ceases to participate in pension loans scheme if debt exceeds maximum loan available 1141A Secretary may cease person's participation in pension loans scheme 1142 Person withdraws from pension loans scheme 1142A Repayment or recovery of debt after pension loans scheme ceases to operate 1143 Registration of charge 1144 Manner of enforcement of charge 1144AA No negative equity guarantee 1144A Division does not apply for purposes of care receiver assets test
Subdivision A--General
1145A Application of Division to granny flat residents 1146 Basis for different treatment 1147 Entry contribution 1148 Extra allowable amount 1149 Renegotiation of retirement village agreement Subdivision B--Residents who are not members of a couple
1150 Residents who are not members of a couple Subdivision C--Residents who are members of couple and share principal home
1151 Members of couples Subdivision D--Residents who are members of illness separated couple
1152 Members of illness separated couples (both in special residences ) 1153 Members of illness separated couples (partner not in special residence and partner homeowner) 1154 Members of illness separated couples (partner not in special residence and partner not homeowner) Subdivision E--Residents who are members of ordinary couple with different principal homes
1155 Members of ordinary couple with different principal homes (both in special residences ) 1156 Members of ordinary couple with different principal homes (partner not in special residence and partner homeowner) 1157 Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)
CHAPTER 3--General provisions relating to payability and rates
PART 3.12A----PROVISIONS FOR CARER ALLOWANCE AND SENIORS HEALTH CARD INCOME TEST
Division 1--Purpose of this Part
Division 2--Benefits that may be assessable fringe benefits
Division 3--Value of car fringe benefits
1157K Method of valuing car fringe benefits 1157L Value of car fringe benefits 1157M Minister may determine alternative method of valuing car fringe benefits
Division 4--Value of school fees fringe benefits
1157N Value of school fees fringe benefits
Division 5--Value of health insurance fringe benefits
1157O Value of health insurance fringe benefits
Division 6--Value of loan fringe benefits
1157P Method of valuing loan fringe benefits 1157Q Value of loan fringe benefits 1157R Minister may determine alternative method of valuing loan fringe benefits
Division 7--Value of housing fringe benefits
Subdivision A--Grants of housing rights
1157S Methods of valuing housing fringe benefits--grants of housing rights 1157T Value of grants of housing rights--general 1157TA Value of grants of housing rights--employees of the Defence Force Subdivision B--Payments associated with loans
1157TB Method of valuing housing fringe benefits--payments associated with loans 1157TC Value of payments associated with loans Subdivision C--Payments associated with enjoying housing rights
1157TD Methods of valuing housing fringe benefits--payments associated with enjoying housing rights 1157TE Value of payments associated with enjoying housing rights--general 1157TF Value of payments associated with enjoying housing rights--employees of the Defence Force Subdivision D--Alternative methods of valuing housing fringe benefits
1157U Minister may determine alternative method of valuing housing fringe benefits
Division 8--Value of expense fringe benefit
1157UA Value of expense fringe benefits
Division 10--Foreign currency rates
1157V Foreign currency rates
PART 3.13----IMPRISONMENT
1158 Some social security payments not payable during period in gaol or in psychiatric confinement following criminal charge 1159 Payment may be redirected to dependent partner or child 1159A Person not qualified for some concession cards when in gaol or in psychiatric confinement following criminal charge
PART 3.14----COMPENSATION RECOVERY
Division 1--General
Division 2--Enforcement of compensation rights
Division 4--Recoverable amounts
Subdivision A--Preliminary
Division 5--Recoverable debts
Division 6--Miscellaneous
PART 3.15----SELF-EMPLOYMENT PROGRAMS
1186 General effect of Part 1187 Reduction in rate of payments under this Act if recipient or partner also receiving payments under a self - employment program 1188 Rate reduction under this Part
PART 3.16----INDEXATION AND ADJUSTMENT OF AMOUNTS
Division 1--Preliminary
1189 Analysis of Part 1190 Indexed and adjusted amounts
Division 2--CPI indexation
1191 CPI Indexation Table 1192 Indexation of amounts 1193 Indexation factor 1194 Rounding off indexed amounts 1195 Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings
Division 3--Social security pension indexation using Pensioner and Beneficiary Living Cost Index
1196 Social security pension indexation using Pensioner and Beneficiary Living Cost Index 1197 Living cost indexation factor 1198 Rounding off amounts
Division 4--Adjustment of other rates
1198A Adjustment of single pension rate MBR amounts 1198B Adjustment of disability support pension (under 21) MBRs 1198C Adjustment of youth disability supplement 1203 Adjustment of pension "single non - homeowner" AVL 1204 Adjustment of benefit AVLs 1205 Adjustment of special illness separated special resident AVL 1206A Adjustment of certain pharmaceutical allowance rates 1206B Adjustment of certain telephone allowance rates
PART 3.16A----ADVANCE PAYMENT DEDUCTIONS
1206H Advance payment deduction 1206J Amount of advance payment deduction--basic calculation 1206K Person may request larger advance payment deduction 1206L Reduction of advance payment deduction in cases of severe financial hardship 1206M The final advance payment deduction 1206N Provisional payment rate insufficient to cover advance payment deduction 1206P Rounding of amounts
PART 3.16B----SPECIAL EMPLOYMENT ADVANCE DEDUCTIONS
1206Q Special employment advance deduction 1206R Amount of special employment advance deduction--basic calculation 1206S Person may request larger special employment advance deduction 1206T Reduction of special employment advance deduction in cases of severe financial hardship 1206U The final special employment advance deduction 1206V Provisional payment rate insufficient to cover special employment advance deduction 1206W Rounding of amounts
PART 3.18----MEANS TEST TREATMENT OF PRIVATE COMPANIES AND PRIVATE TRUSTS
Division 1--Introduction
1207 Simplified outline 1207A Definitions 1207B Relatives 1207C Associates 1207D When a company is sufficiently influenced by an entity 1207E Majority voting interest in a company 1207F Entitled to acquire 1207G Transfer of property or services 1207H Constructive transfers of property or services to an entity 1207J Active involvement with a primary production enterprise 1207K Power to veto decisions of a trustee 1207L Extra - territorial operation 1207M Application to things happening before commencement
Division 2--Designated private companies
1207N Designated private companies
Division 3--Designated private trusts
1207P Designated private trusts
Division 4--Controlled private companies
1207Q Controlled private companies 1207R Direct voting interest in a company 1207S Voting power 1207T Direct control interest in a company 1207U Interest in a share
Division 5--Controlled private trusts
1207V Controlled private trusts 1207W Interest in a trust
Division 6--Attributable stakeholders and attribution percentages
1207X Attributable stakeholder, asset attribution percentage and income attribution percentage
Division 7--Attribution of income of controlled private companies and controlled private trusts
1207Y Attribution of income 1207Z No double counting of attributed income 1208 Ordinary income of a company or trust 1208A Ordinary income from a business--treatment of trading stock 1208B Permissible reductions of business and investment income 1208C Derivation periods 1208D Attribution periods
Division 8--Attribution of assets of controlled private companies and controlled private trusts
1208E Attribution of assets 1208F When attributed asset is unrealisable 1208G Effect of charge or encumbrance on value of assets 1208H Effect of unsecured loan on value of assets 1208J Value of company's or trust's assets etc.
Division 9--Modification of asset deprivation rules
1208K Individual disposes of asset to company or trust 1208L Disposal of asset by company or trust 1208M Individual ceases to be an attributable stakeholder of a company or trust 1208N Individual disposes of asset to company or trust before 1 January 2002--individual is attributable stakeholder 1208P Individual disposes of asset to company or trust before 1 January 2002--individual's spouse is attributable stakeholder
Division 10--Modification of income deprivation rules
1208Q Individual disposes of ordinary income to company or trust 1208R Disposal of income by company or trust 1208S Individual disposes of income to company or trust before 1 January 2002--individual is attributable stakeholder 1208T Individual disposes of income to company or trust before 1 January 2002--individual's spouse is attributable stakeholder
Division 11--Concessional primary production trusts
1208U Concessional primary production trusts 1208V Individual ceases to be an attributable stakeholder of trust--receipt of remuneration or other benefits from trust during asset deprivation period 1208W Net value of asset 1208X Value of entity 's assets 1208Y When asset is controlled by an individual 1208Z Adjusted net value of asset 1209 Adjusted net primary production income 1209A Net income of a primary production enterprise 1209B Net income from a primary production enterprise--treatment of trading stock 1209C Permissible reductions of income from carrying on a primary production enterprise
Division 12--Anti-avoidance
Division 13--Decision-making principles
1209E Decision - making principles
Division 14--Information management
1209F Transitional period 1209G Information - gathering powers 1209H Secretary may obtain tax information 1209J Disclosure of tax information 1209K Disclosure of tax file number information
PART 3.18A----PRIVATE FINANCIAL PROVISION FOR CERTAIN PEOPLE WITH DISABILITIES
Division 1--Special disability trusts
1209L What is a special disability trust ? 1209M Beneficiary requirements 1209N Trust purpose requirements 1209P Trust deed requirements 1209Q Trustee requirements 1209R Trust property requirements 1209RA Trust expenditure requirements 1209S Reporting requirements 1209T Audit requirements 1209U Waiver of contravention of this Division
Division 2--Income of special disability trusts
1209V Attribution of income 1209X Income amounts from special disability trusts
Division 3--Assets of special disability trusts
1209Y Attribution of assets
Division 4--Transfers to special disability trusts
1209Z Effect of certain transfers to special disability trusts 1209ZA The effect of exceeding the $500,000 limit 1209ZB Transfers by the immediate family members prior to reaching pension age etc. 1209ZC Transfers by principal beneficiaries or partners 1209ZD Cessation of special disability trusts 1209ZE Effect of this Division
PART 3.19----MISCELLANEOUS
CHAPTER 4--International agreements and portability
PART 4.2----OVERSEAS PORTABILITY
Division 1--Preliminary
1211 Social Security (International Agreements) Act overrides Part 1212 Meaning of terms used in this Part 1212A Meaning of acute family crisis 1212B Meaning of humanitarian purpose 1212C Meaning of temporary absence 1212D Part does not affect need for qualification
Division 2--Portability of social security payments
Subdivision A--Basic portability provisions
1213 Persons to whom Division applies 1214 Some payments generally portable with no time limit 1215 Some payments generally portable with time limit 1216 Amounts added to rate 1217 Meaning of maximum portability period , allowable absence and portability period Subdivision B--Exceptions to Subdivision A rules
1218AAA Unlimited portability period for disability support pension--severely impaired disability support pensioner 1218AA Unlimited portability period for disability support pension--terminally ill overseas disability support pensioner 1218AB Extended portability period for disability support pension 1218 Exception--full - time students outside Australia for purposes of Australian course 1218A Exception--Reserve service 1218B Exception--waiting period in Australia before parenting payment is portable 1218BA Exception--new apprentices 1218C Extension of person's portability period--general 1218D Extension of person's portability period--life - saving medical treatment overseas 1220 No portability where claim based on short residence
Division 3--Rate of portable pensions
1220A Proportionality--age pension rate 1220B Proportionality--disability support pension rate for a severely disabled person 1221 Pension Portability Rate Calculator working life residence
Module C--Residence factor
CHAPTER 5--Overpayments and debt recovery
PART 5.1----EFFECT OF CHAPTER
1222 General effect of Chapter
PART 5.2----AMOUNTS RECOVERABLE UNDER THIS ACT
1222A Debts due to the Commonwealth 1223 Debts arising from lack of qualification, overpayment etc. 1223A Debt resulting from commutation of asset - test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2) 1223AA Debts arising from prepayments and certain other payments 1223AB Debts arising from ART stay orders 1223ABAA Debts arising in respect of one - off payments to older Australians 1223ABA Debts arising in respect of one - off payments to carers 1223ABAAA Debts arising in respect of economic security strategy payments 1223ABAAB Debts arising in respect of training and learning bonuses etc. 1223ABB Debts in respect of child disability assistance 1223ABC Debts in respect of carer supplement for 2009 1223ABD Debts in respect of carer supplement for 2010 and later years 1223ABE Debts in respect of relocation scholarship payments 1223ABF Debts in respect of student start - up loans 1223ABG Debts in respect of one - off energy assistance payments 1223ABH Debts in respect of 2019 one - off energy assistance payments 1223ABI Debts in respect of first 2020 economic support payments 1223ABJ Debts in respect of second 2020 economic support payments 1223ABK Debts in respect of additional economic support payment 2020 1223ABL Debts in respect of additional economic support payment 2021 1223ABM Debts in respect of 2022 cost of living payment 1224 Debts relating to clean energy advances 1224A Debts relating to essential medical equipment payments 1224AA Person other than payee obtaining payment of a cheque 1224AB Joint and several liability for persons involved in contravention of Act 1224B Education entry payment debt 1224C Data - matching Program (Assistance and Tax) Acts debts 1224D Mobility allowance advance debts 1224E Debts arising from advance payments of social security entitlements 1224EA Debts arising from special employment advances of special employment advance qualifying entitlements 1227 Assurance of support debt 1227B Debts arising under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998 1228 Overpayments arising under other Acts and schemes 1228A Comparable foreign payment debt recovery 1228B Additional 10% penalty for understatement etc. of income 1229 Notices in respect of debt 1229A Interest charge--no repayment arrangement in effect 1229B Interest charge--failure to comply with or termination of repayment arrangement 1229C Other rules for interest charge 1229D What is the interest charge rate ? 1229E Exemption from interest charge--general 1229F Exemption from interest charge--Secretary's determination 1229G Guidelines on interest charge provisions 1230 Debt from failure to comply with garnishee notice 1230A Debt from failure before 1 July 1991 to comply with garnishee notice under the 1947 Act 1230B Overseas application of provisions 1230C Methods of recovery of debt
PART 5.3----METHODS OF RECOVERY
1231AA Application of sections dealing with deductions 1231 Deductions from debtor's pension, benefit or allowance 1232 Legal proceedings 1233 Garnishee notice 1234 Arrangement for payment of debt 1234AA Recovery of amounts from financial institutions 1234A Deductions by consent from social security payment of person who is not a debtor 1234B No time limit on debt recovery action
PART 5.4----NON-RECOVERY OF DEBTS
1235 Meaning of debt 1236 Secretary may write off debt 1236A Application 1237 Power to waive Commonwealth's right to recover debt 1237A Waiver of debt arising from error 1237AA Waiver of debt relating to an offence 1237AAA Waiver of small debt 1237AAB Waiver in relation to settlements 1237AAC Waiver where debtor or debtor's partner would have been entitled to an allowance 1237AAD Waiver in special circumstances 1237AAE Extra rules for waiver of assurance of support debts 1237AB Secretary may waive debts of a particular class
PART 5.5----DEPARTURE PROHIBITION ORDERS
Division 1--Secretary may make departure prohibition orders
1240 Secretary may make departure prohibition orders
Division 2--Departure from Australia of debtors prohibited
1241 Departure from Australia of debtors prohibited
Division 3--Other rules for departure prohibition orders
1242 Notification requirements for departure prohibition orders 1243 Operation of departure prohibition order 1244 Revocation and variation of departure prohibition orders 1245 Notification requirements for revocations and variations
Division 4--Departure authorisation certificates
1246 Application for departure authorisation certificate 1247 When Secretary must issue departure authorisation certificate 1248 Security for person 's return to Australia 1249 What departure authorisation certificate must authorise 1250 Notification requirements for departure authorisation certificates 1251 Notification requirements for substituted days
Division 5--Appeals and review in relation to departure prohibition orders and departure authorisation certificates
1252 Appeals to courts against making of departure prohibition orders 1253 Jurisdiction of courts 1254 Orders of court on appeal 1255 Review of decisions
Division 6--Enforcement
1256 Powers of officers of Customs and members of the Australian Federal Police 1257 Privilege against self - incrimination 1258 Production of authority to depart
Division 7--Interpretation
1259 Interpretation--departure from Australia for foreign country 1260 Meaning of Australia
CHAPTER 6--Modification of social security law
1261 Simplified outline of this Chapter 1262 Minister may determine modifications of social security law 1263 Period that determination is in force and variation and revocation
http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/
