Part 2.12A—Mature age (pre‑1 July 1996) allowances
Division 1—Application of Part
Part 2.12A deals with 2 payment types, mature age allowance and mature age partner allowance:
• Division 1 deals with the application of this Part.
• Divisions 2, 3 and 11 are divided into Subdivisions that deal with either mature age allowance or mature age partner allowance.
• Divisions 4 to 10 and 12 also deal with both mature age allowance and mature age partner allowance. The sections in those Divisions usually apply to both allowances (eg section 660XDA). However, sometimes a section is divided into subsections dealing with only one of the allowances (eg section 660XDG).
660XAB Time limits on claims of mature age allowance and grant of mature age partner allowance
660XAB(1) In spite of any other provision of this Part, other than section 660XJO, a person is not to be granted a mature age allowance under this Part unless:
(a) the person’s claim for the allowance was lodged on or before 30 June 1996; and
(b) the person qualified for the allowance on or before that date.
660XAB(2) In spite of any other provision of this Part or any provision of the Administration Act, other than section 85, a person is not to be granted a mature age partner allowance unless:
(a) the person’s claim for the allowance is lodged on or before 30 June 1995; and
(b) the person qualifies for the allowance on or before 30 June 1995.
660XAB(2A) For the purposes of paragraph (1)(a), if subsection 660XCC(2) applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim.
660XAB(3) For the purposes of paragraph (2)(a), if section 15 of the Administration Act applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim.
660XAB(4) In subsection (3):
initial claim has the same meaning as in section 15 of the Administration Act.
Division 2—Qualification for mature age allowance and mature age partner allowance
Subdivision A—Qualification for mature age allowance
660XBA Qualification for mature age allowance
660XBA(1) A person is qualified for mature age allowance if the person:
(a) has turned 60 but has not reached pension age; and
(b) satisfies the Secretary that the person is unemployed; and
(d) has been receiving one or a combination of the following:
(i) a social security pension;
(ii) a social security benefit;
(iia) a job search allowance;
(iii) a service pension;
for a continuous period of at least 12 months immediately before a claim period day; and
(e) has 10 years qualifying Australian residence, or has a qualifying residence exemption for a mature age allowances.
660XBA(1B) For the purposes of paragraph (1)(d), if a person ceases to receive one of the following:
(a) a social security pension;
(b) a social security benefit;
(ba) a job search allowance;
(c) a service pension;
for a period of less than 13 weeks, the person is taken to have been receiving the pension or benefit for that period.
Exemption from satisfying paragraphs (1) (c) and (d)
660XBA(2) The qualifications in paragraphs (1)(c) and (1)(d) do not apply if the person has previously received mature age allowance or mature age partner allowance.
660XBA(4) In this section, claim period day means:
(a) the day on which the claim is lodged; or
(b) any other day in the period of 3 months that starts immediately after the day on which the claim is lodged.
Note 1: For pension age see section 23.
Note 5: For qualifying Australian residence and qualifying residence exemption see section 7.
Note 6: Exceptions to the qualification requirements in subsection (1) are set out in this Subdivision.
Note 7: A mature age allowance is not payable in certain situations even if the person is qualified (see Subdivision A of Division 3).
Note 8: A person receiving mature age allowance may be automatically transferred to the age pension if the person becomes qualified for age pension (see subsection 48(3)).
A person is not qualified for mature age allowance on a day if the Secretary is satisfied that:
(a) an assurance of support is in force in respect of the person (the assuree) on that day; and
(b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and
(c) it is reasonable for the assuree to accept that support.
Note: For assurance of support see subsection 23(1).
660XBC Person may be treated as unemployed
If:
(a) a person undertakes paid work on a day; and
(b) the Secretary is of the opinion that, taking into account:
(i) the nature of the work; and
(ii) the duration of the work; and
(iii) any other matters relating to the work that the Secretary considers relevant;
the work should be disregarded;
the Secretary may treat the person as being unemployed on that day.
660XBE Unemployment due to industrial action
660XBE(1) A person is not qualified for mature age allowance on a day unless the person satisfies the Secretary that the person’s unemployment on that day was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.
660XBE(2) A person is not qualified for mature age allowance on a day unless the Secretary is satisfied:
(a) that the person’s unemployment on that day was due to other people being, or having been, engaged in industrial action or a series of industrial actions; and
(b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and
(c) the person was not a member of the trade union on that day.
Note: For industrial action, trade union and unemployment see section 16.
660XBE(3) Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for a mature age allowance on a day that occurs after the relevant industrial action or series of industrial actions has stopped.
660XBE(4) Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by a State industrial authority, the Australian Industrial Relations Commission, the Federal Court or the Federal Magistrates Court, a person is not qualified for a mature age allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.
Note: For State industrial authority see section 4 of the Workplace Relations Act.
Subdivision B—Qualification for mature age partner allowance
660XBI Qualification for mature age partner allowance
660XBI(1) A person is qualified for mature age partner allowance if:
(a) the person is a member of a couple; and
(b) the person’s partner is receiving mature age allowance.
Note 1: For member of a couple see section 4.
Note 2: A person is not qualified if an assurance of support is in force (see section 660XBJ).
Note 4: A person who is receiving mature age partner allowance may be automatically transferred to the age pension if the person becomes qualified for the age pension or to wife pension if the person becomes qualified for the wife pension (see subsections 48(3) and 152(3), respectively).
A person is not qualified for mature age partner allowance on a day if the Secretary is satisfied that:
(a) an assurance of support is in force in respect of the person (the assuree) on that day; and
(b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and
(c) it is reasonable for the assuree to accept that support.
Note: For assurance of support see subsection 23(1).
Division 3—Payability of mature age allowance and mature age partner allowance
Subdivision A—Payability of mature age allowance
660XCA Mature age allowance not payable if allowance rate nil
660XCA(1) Subject to subsection (2), a mature age allowance is not payable to a person if the person’s mature age allowance rate would be nil.
660XCA(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements Act.
660XCF Multiple entitlement exclusion
660XCF(1) A mature age allowance is not payable to a person if the person is already receiving a service pension.
660XCF(2) If:
(a) a person is receiving a mature age allowance; and
(b) another social security pension, a social security benefit or a service pension becomes payable to the person;
the mature age allowance is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
660XCF(3) A mature age allowance is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;
unless:
(c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and
(d) before 1 November 1986 the woman was also receiving a social security benefit.
Note 1: For armed services widow see subsection 4(1).
Note 2: A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate (see subsection 1064(5)).
660XCF(4) A mature age allowance is not payable to a man if:
(a) the man is an armed services widower; and
(b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: For armed services widower see subsection 4(1).
660XCG Educational and other schemes exclusion
660XCG(1) If:
(a) a payment is, or may be, made in respect of a person under:
(i) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part‑time students; or
(ii) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and
(b) the payment relates to a period;
mature age allowance is not payable to the person in respect of any part of the period.
Note: For prescribed educational scheme see section 5.
660XCG(2) If:
(a) a person may enrol in a full‑time course of education; and
(b) a payment under a scheme referred to in subsection (1) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person before the person starts the course.
Subdivision B—Payability of mature age partner allowance
660XCI Mature age partner allowance not payable if allowance rate nil
660XCI(1) Subject to subsection (2), a mature age partner allowance is not payable to a person if the person’s mature age partner allowance rate would be nil.
660XCI(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements Act.
660XCN Multiple entitlement exclusion
660XCN(1) A mature age partner allowance is not payable to a person if the person is already receiving a service pension.
660XCN(2) If:
(a) a person is receiving a mature age partner allowance; and
(b) another social security pension, a social security benefit or a service pension becomes payable to the person;
the mature age partner allowance is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
Note 2: For the day on which the mature age partner allowance ceases to be payable see section 660XJB.
660XCN(3) A mature age partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
660XCO Educational schemes exclusion
660XCO(1) If:
(a) a payment has been, or may be, made in respect of a person under:
(ii) the ABSTUDY Scheme; or
(iii) a Student Financial Supplement Scheme; and
(b) the payment relates to a period;
mature age partner allowance is not payable to the person in respect of any part of the period.
660XCO(2) If:
(a) a person may enrol in a full‑time course of education; and
(b) a payment under a scheme referred to in subsection (1) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (1), mature age partner allowance is payable to the person before the person starts the course.
660XCP Commonwealth funded employment program exclusion
If:
(a) a person receives, or may receive, income that is paid by a community or group from funds provided under a Commonwealth funded employment program; and
(b) the income is paid in respect of a period;
mature age partner allowance is not payable to the person in respect of any part of the period.
Note: For Commonwealth funded employment program see subsection 23(1).
Division 6—Rate of mature age allowance and mature age partner allowance
660XFA How to work out a person’s mature age allowance or mature age partner allowance
A person’s mature age allowance or mature age partner allowance rate is worked out by using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).
Division 11—Bereavement payments
Subdivision A—Person receiving mature age allowance (death of partner)
660XKA Qualification for payments under this Subdivision
660XKA(1) If:
(a) a person is receiving a mature age allowance; and
(b) the person is a member of a couple; and
(c) the person’s partner dies; and
(d) immediately before the partner died, the partner:
(i) was receiving a social security pension; or
(ii) was receiving a service pension; or
(iii) was a long‑term social security recipient; and
(e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:
(i) the amount that would otherwise be payable to the person under section 660XKD (person’s continued rate) on that payday; and
(ii) the amount that would otherwise be payable to the person under section 660XKB (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 660XKB provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: Section 660XKC provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
660XKA(2) If:
(a) a person is receiving a mature age allowance; and
(b) immediately before starting to receive the allowance the person was receiving partner bereavement payments; and
(c) the bereavement rate continuation period in relation to the death of the person’s partner has not ended;
the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.
660XKA(3) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
Note: If a person makes an election, the date of effect of any determination to increase the person’s rate of mature age allowance may, in some circumstances, be the day on which the person’s partner died (see subsection 660XJP(6)).
660XKA(4) An election under subsection (3):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
660XKA(5) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which mature age allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (3), governed by section 660XKD.
660XKA(6) For the purposes of this section, a person is a long term social security recipient if:
(a) the person is either receiving a social security benefit or is a benefit increase partner; and
(b) in respect of the previous 12 months, the person:
(i) was receiving a social security pension; or
(ii) was receiving a social security benefit; or
(iia) was receiving a youth training allowance; or
(iii) was receiving a service pension; or
(iv) was a benefit increase partner.
660XKA(7) A person is taken to satisfy the requirements of paragraph (6)(b) if:
(a) the person’s receipt of social security pension, social security benefit, youth training allowance or service pension, or the person’s status as a benefit increase partner, or a combination of these, was continuous for the period of 12 months; or
(b) the person was receiving one or other of the payments referred to in paragraph (6)(b) or had the status of a benefit increase partner, or a combination of these, for 46 weeks of the previous 52.
660XKB Continued payment of partner’s pension
660XKB(1) If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period the following amount:
(a) where the partner was receiving a social security
pension—the amount that would have been payable to the partner on the payday if the partner had not died; or
(b) where the partner was receiving a service pension—the amount that would have been payable to the partner under Part III of the Veterans’ Entitlements Act on the service payday that:
(i) where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or
(ii) in any other case—follows the partner’s payday;
if the partner had not died.
660XKB(2) For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.
660XKC Lump sum payable in some circumstances
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:
(a) the person’s partner had not died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 2. Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if:
(a) the partner had not died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the amount that, but for section 660XKD, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.
Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 6. Work out the number of paydays of the partner in the bereavement lump sum period.
Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.
660XKD Adjustment of person’s mature age allowance rate
If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 660XKA(3) not to receive payments under this Subdivision;
the rate of the person’s mature age allowance during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of mature age allowance payable to the person is the rate at which the mature age allowance would have been payable to the person if:
(i) the person’s partner had not died; and
(ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple;
(d) during the bereavement lump sum period (if any), the rate at which mature age allowance is payable to the person is the rate at which the mature age allowance would be payable to the person apart from this Subdivision.
660XKE Effect of death of person entitled to payments under this Subdivision
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person’s partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:
(a) neither the person nor the person’s partner had died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 2. Work out the amount that would have been payable to the partner on the person’s payday or service payday immediately after the day on which the person died if:
(a) neither the person nor the partner had died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the amount that, but for section 660XKD, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.
Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 6. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.
Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
660XKF Matters affecting payment of benefits under this Subdivision
660XKF(1) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
660XKF(2) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and
(c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Subdivision B—Death of person receiving mature age allowance
660XKG(1) If:
(a) a person is receiving mature age allowance; and
(b) either:
(i) the person is not a member of a couple; or
(ii) the person is a member of a couple and the person’s partner:
(A) is not receiving a social security pension; and
(B) is not receiving a service pension; and
(c) the person dies;
there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.
660XKG(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.
Note 2: For death of a person qualified for bereavement payments under Subdivision A see section 660XKE.
Subdivision C—Continuation of mature age partner allowance where partner dies
660XKH Continuation of mature age partner allowance for bereavement period
If:
(a) a person is receiving a mature age partner allowance; and
(b) the person’s partner dies;
the person remains qualified for the mature age partner allowance during the bereavement period as if:
(c) the partner had not died; and
(d) the partner had continued to receive a mature age allowance; and
(e) the person and the partner had continued to be members of a couple.
660XKI Continued mature age partner allowance rate
Where a person is qualified for a mature age partner allowance because of section 660XKH, the person’s mature age partner allowance rate is worked out as follows:
(a) during the bereavement rate continuation period, the rate of mature age partner allowance is the rate that would have been payable to the person if:
(i) the partner had not died; and
(ii) where the couple had been an illness separated couple or a respite care couple—they had not been such a couple;
(b) during the bereavement lump sum period (if any), the rate of payments under this Subdivision is the rate at which a widow B pension would have been payable to the person if he or she had been qualified for a widow B pension.
Subdivision D—Person receiving mature age partner allowance (death of partner)
660XKJ Qualification for payments under this Subdivision
660XKJ(1) If:
(a) a person is receiving a mature age partner allowance; and
(b) the person’s partner dies;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 660XKK provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: Section 660XKL provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
660XKJ(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
660XKJ(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
660XKK Continued payment of partner’s allowance
If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each day that would have been a payday for the partner in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person’s partner on that day if the partner had not died.
660XKL Lump sum payable in some circumstances
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:
(a) the person’s partner had not died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 2. Work out the amount that would have been payable to the person’s partner on the first day that would have been a payday of the partner on or after the first available bereavement adjustment payday if:
(a) the partner had not died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the amount of widow B pension that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if a widow B pension had been payable to the person on that payday: the result is called the person’s individual rate.
Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 6. Work out the number of paydays of the partner in the bereavement lump sum period.
Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.
660XKM Effect of death of person entitled to payments under this Subdivision
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person’s partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:
(a) neither the person nor the person’s partner had died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 2. Work out the amount that would have been payable to the person’s partner on the first day that would have been a payday of the partner on or after the day on which the person died if:
(a) neither the person nor the partner had died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the amount that, but for sections 660XKH and 660XKI, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.
Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 6. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.
Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
660XKN Matters affecting payment of benefits under this Subdivision
660XKN(1) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
660XKN(2) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and
(c) the bank pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Part 2.12B—Mature age (post‑30 June 1996) allowance
Division 1—Application of Part
This Part deals with mature age allowance to which Part 2.12A does not apply.
660YAB Time limits on claims for mature age allowance
660YAB(1) In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a mature age allowance under this Part unless:
(a) the person’s claim for the allowance:
(i) was lodged before 20 September 2003; or
(ii) is taken, because of the operation of section 12, 13 or 15 of the Administration Act, to have been made before 20 September 2003; and
(b) the person was qualified for the allowance:
(i) in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and
(ii) in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.
660YAB(2) Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a mature age allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date.
660YAB(3) Nothing in this section affects the operation of section 85 of the Administration Act.
Division 2—Qualification for mature age allowance
660YBA Qualification for mature age allowance
660YBA(1) A person is qualified for a mature age allowance in respect of a period if the person fulfils the requirements set out in this section in respect of the period.
660YBA(2) The first requirement is that the person has reached 60 years of age but has not reached pension age.
Note: For pension age see section 23.
660YBA(3) Subject to subsection (4), the second requirement is that either of the following paragraphs applies to the person:
(a) the person was receiving a job search allowance or a newstart allowance immediately before the claim lodgment day and has been receiving an income support payment for a continuous period of at least 9 months immediately before the claim lodgment day;
(b) at any time during the period of 13 weeks immediately before the claim lodgment day the person received a social security pension, a service pension, income support supplement, a widow allowance, a partner allowance, sickness allowance, benefit PP (partnered) or a parenting allowance (other than a non‑benefit parenting allowance).
Note 1: For income support payment see subsection 23(1).
Note 2: For calculation of continuous period of receipt of income support payments see section 38B.
660YBA(4) The requirement set out in subsection (3) does not apply to a person who has previously received mature age allowance under this Part or Part 2.12A.
660YBA(5) The third requirement is that the person satisfies the Secretary that the person has no recent workforce experience.
660YBA(6) For the purposes of subsection (5), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the claim lodgment day.
660YBA(7) The fourth requirement is that the person is an Australian resident.
Note: For Australian resident see section 7.
660YBA(11) In this section:
claim lodgment day means the day on which the claim is lodged.
Note: A mature age allowance is not payable in certain situations even if the person is qualified (see Division 3).
A person is not qualified for mature age allowance in respect of a period if the Secretary is satisfied that:
(a) an assurance of support is in force in respect of the person (the assuree) for the period; and
(b) throughout the period the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and
(c) throughout the period it would be reasonable for the assuree to accept the support.
Note: For assurance of support see subsection 23(1).
Division 3—Payability of mature age allowance
660YCA Mature age allowance not payable if allowance rate nil
660YCA(1) Subject to subsection (2), a mature age allowance is not payable to a person if the person’s mature age allowance rate would be nil.
660YCA(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements Act.
660YCF Multiple entitlement exclusion
660YCF(1) A mature age allowance is not payable to a person if the person is already receiving a mature age allowance under Part 2.12A, a service pension or income support supplement.
660YCF(2) If:
(a) a person is receiving a mature age allowance; and
(b) another social security benefit, a social security pension, a service pension or income support supplement becomes payable to the person;
the mature age allowance is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
660YCF(3) Subject to subsection (4), a mature age allowance is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note 1: For armed services widow see subsection 4(1).
Note 2: A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (3)(b) may be paid at a lower rate (see subsection 1068(3)).
660YCF(4) Subsection (3) does not apply to a woman if:
(a) the woman has been receiving a payment referred to in paragraph (3)(b) continuously since before 1 November 1986; and
(b) before 1 November 1986 the woman was also receiving a social security benefit.
660YCF(5) A mature age allowance is not payable to a man if:
(a) the man is an armed services widower; and
(b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: For armed services widower see subsection 4(1).
660YCF(6) A mature age allowance is not payable to a person if:
(a) the person is an armed services widow or armed services widower; and
(b) the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and armed services widower see subsection 4(1).
Note 2: For MRCA see subsection 23(1).
660YCFA Newly arrived resident’s waiting period
660YCFA(1) Subject to this section, a person who:
(a) has entered Australia on or after 1 January 1993; and
(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
is subject to a newly arrived resident’s waiting period.
660YCFA(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a mature age allowance.
Note: For qualifying residence exemption see subsections 7(6) and 7(6AA).
660YCFA(4) Subsection (1) does not apply to a person if:
(a) the person is already subject to a newly arrived resident’s waiting period; or
(b) the person has already served a newly arrived resident’s waiting period; or
(c) the person:
(i) has previously entered Australia before 1 January 1993; and
(ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.
660YCFA(5) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on 1 February 2000.
660YCFB Duration of newly arrived resident’s waiting period
660YCFB(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.
660YCFB(3) The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.
660YCG Educational and other schemes exclusion
660YCG(1) Subject to subsections (2) and (3), a mature age allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:
(a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part‑time students; or
(b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees.
Note 1: For prescribed educational scheme see section 5.
660YCG(2) If:
(a) a person enrols in a full‑time course of education; and
(b) a payment under a scheme referred to in subsection (1) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person for a period before the person starts the course.
660YCG(3) If:
(a) a person enrols in a full‑time course of education; and
(b) the course is to last for 6 months or longer; and
(c) an application is made for a payment in respect of the person under:
(ii) the ABSTUDY Schools Scheme; or
(iii) the ABSTUDY Tertiary Scheme; and
(d) the person was receiving mature age allowance immediately before the start of the course;
the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person until:
(e) the application is determined; or
(f) the end of 3 weeks beginning on the day on which the course starts;
whichever happens first.
660YCH Maximum basic rate and remote area allowance not payable to CDEP Scheme participant
The maximum basic rate, and the remote area allowance, of mature age allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.
Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.
Note 2: For CDEP Scheme participant see subsection 23(1).
If:
(a) a period of non‑payment of newstart allowance or partner allowance has been imposed in respect of a person; and
(b) the period has not ended;
mature age allowance is not payable to the person for the period.
Note 2: For the imposition of a period of non‑payment of newstart allowance see Subdivision F of Division 1 of Part 2.12 and section 634.
Note 3: For the imposition of a period of non‑payment of partner allowance see paragraph 771HC(1)(b).
660YCJ Allowance not payable if assets value limit exceeded
[see Appendix for CPI adjusted figures]
660YCJ(1) A mature age allowance is not payable to a person if the value of the person’s assets is greater than the person’s assets value limit.
660YCJ(2) A person’s assets value limit is calculated by working out which family situation in column 2 of the following Table applies to the person; the assets value limit is the corresponding amount in column 3.
Assets value limit table | |||
Column 1 | Column 2 | Column 3 Assets value limit | |
Item | Person’s family situation | Column 3A Either the person or the partner is a homeowner | Column 3B Neither the person nor the partner is a homeowner |
1. | Not member of a couple | $118,000 | $202,000 |
2. | Partnered (partner getting neither pension nor allowance) | $167,500 | $251,500 |
3. | Partnered (partner getting pension or allowance) | $83,750 | $125,750 |
660YCJ(3) If the Secretary determines in writing, for the purposes of column 3A or 3B of an item in the Table at the end of subsection (2), a higher amount in substitution for an amount (the existing amount) set out in that column of that item, the higher amount is taken, from and including 1 July 1996, to be substituted for the existing amount. A determination under this subsection is a disallowable instrument.
Note 1: For members of a couple, partnered (partner getting neither pension nor allowance) and partnered (partner getting pension or allowance) see section 4.
Note 2: For homeowner see section 11.
Note 3: If item 2 applies to a person, the value of all the assets of the person’s partner is to be taken as being included in the value of the person’s assets (see subsection 660YCK(1))—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 660YCK(2)).
Note 4: If a mature age allowance is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).
Note 5: The assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).
Note 6: The assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).
Note 7: The assets value limits of item 2 are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).
660YCK Value of assets of members of couples
660YCK(1) If:
(a) a person is a member of a couple; and
(b) the person’s partner is not in receipt of an income support payment;
the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.
660YCK(2) If:
(a) a person is a member of a couple; and
(b) the person’s partner is in receipt of an income support payment;
the following paragraphs apply:
(c) the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and
(d) the value of the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person’s partner.
Note: For income support payment see subsection 23(1).
660YCL(1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for mature age allowance, the person, or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work.
Note: For seasonal work see subsection 16A(1).
660YCL(2) Mature age allowance is not payable to the person:
(a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or
(b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
660YCL(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):
(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and
(b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
Division 6—Rate of mature age allowance
660YFA How to work out a person’s mature age allowance
A person’s mature age allowance rate is worked out by using Benefit Rate Calculator B at the end of section 1068 (see Part 3.6).
660YGI CDEP Scheme participant may accumulate mature age allowance
660YGI(1) A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any mature age allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.
660YGI(2) If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:
(a) unless paragraph (b) applies, the last day of the quarter; or
(b) if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.
660YGI(3) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see section 1188B.
Note 2: For CDEP Scheme quarter see subsection 23(1).
Division 11—Bereavement payments
660YKA Surviving partner and deceased partner
If:
(a) a person is receiving mature age allowance; and
(b) the person’s partner dies;
then, for the purposes of this Division:
(c) the person is the surviving partner; and
(d) the person’s partner is the deceased partner.
Subdivision B—Continuation of mature age allowance following death of recipient’s partner
660YKB Continuation of mature age allowance for bereavement period
660YKB(1) This section applies if:
(a) a person is receiving mature age allowance; and
(b) the person’s partner dies; and
(c) immediately before the deceased partner died, the partner:
(i) was a long‑term social security recipient; or
(ii) was receiving a social security pension, a service pension or income support supplement; and
(d) immediately before the deceased partner died, the surviving partner was a long‑term social security recipient.
660YKB(2) The surviving partner remains qualified for mature age allowance during the bereavement period as if:
(a) the deceased partner had not died; and
(b) the deceased partner had continued to receive an income support payment; and
(c) the surviving partner and the deceased partner had continued to be members of a couple.
660YKB(3) The surviving partner’s mature age allowance rate during the bereavement rate continuation period is the rate that would have been payable to the surviving partner if:
(a) the deceased partner had not died; and
(b) if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.
660YKB(4) The surviving partner’s mature age allowance rate during the bereavement lump sum period (if any) is the rate at which mature age allowance would have been payable to the surviving partner if he or she was not a member of a couple.
Note 1: For long‑term social security recipient see subsection 23(1).
Note 2: For bereavement period, bereavement rate continuation period and bereavement lump sum period see section 21.
Note 3: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Note 4: For income support payment see subsection 23(1).
660YKC Qualification for payments under this Subdivision
660YKC(1) If:
(a) a person is receiving mature age allowance; and
(b) the person’s partner dies; and
(c) immediately before the deceased partner died, the partner:
(i) was a long‑term social security recipient; or
(ii) was receiving a social security pension, a service pension or income support supplement; and
(d) immediately before the deceased partner died, the surviving partner was a long‑term social security recipient; and
(e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:
(i) the amount that would otherwise be payable to the person under section 660YKB (person’s continued rate) on that payday; and
(ii) the amount that would otherwise be payable to the person under section 660YKD (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;
the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 660YKD provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.
Note 2: Section 660YKE provides for payment to the surviving partner of a lump sum that represents the instalments that would have been paid to the deceased partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.
Note 3: For bereavement period see section 21.
660YKC(2) A surviving partner who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
660YKC(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
660YKD Continued payment of deceased partner’s previous entitlement
If a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner, there is payable to the surviving partner, on each of the deceased partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the deceased partner on that payday if he or she had not died.
Note: For bereavement rate continuation period see section 21.
660YKE Lump sum payable in some circumstances
If:
(a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the surviving partner as a lump sum an amount worked out using the following Lump Sum Calculator:
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:
(a) the deceased partner had not died; and
(b) if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Step 2. Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately before the first available bereavement adjustment payday if:
(a) the deceased partner had not died; and
(b) if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the amount of mature age allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:
(a) mature age allowance had been payable to the surviving partner on that payday; and
(b) the surviving partner was not a member of a couple on that payday:
the result is called the surviving partner’s notional rate.
Step 5. Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.
Step 6. Work out the number of the deceased partner’s paydays in the bereavement lump sum period.
Step 7. Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the surviving partner under this section.
Note: For bereavement period, bereavement lump sum period and first available bereavement adjustment payday see section 21.
660YKF Effect of death of surviving partner
If:
(a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and
(b) the surviving partner dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the deceased partner before the surviving partner dies;
there is payable, as a lump sum, to any person that the Secretary thinks appropriate, an amount worked out using the following Lump Sum Calculator:
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:
(a) neither the surviving partner nor the deceased partner had died; and
(b) if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Step 2. Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately after the day on which the surviving partner dies if:
(a) neither the surviving partner nor the deceased partner had died; and
(b) if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Step 3. Add the results of Step 1 and Step 2: this result is called the combined rate.
Step 4. Work out the amount of mature age allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:
(a) mature age allowance had been payable to the surviving partner on that payday; and
(b) the surviving partner was not a member of a couple on that payday:
the result is called the surviving partner’s notional rate.
Step 5. Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.
Step 6. Work out the number of the surviving partner’s paydays in the period that starts on the day on which the surviving partner dies and ends on the day on which the bereavement period ends.
Step 7. Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
Note: For bereavement period and first available bereavement adjustment payday see section 21.
660YKG Matters affecting payments under this Subdivision
660YKG(1) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the surviving partner had not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal representative of the deceased partner, except to the extent (if any) to which the amount is greater than the amount payable to the surviving partner under this Subdivision;
(e) the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).
660YKG(2) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a financial institution; and
(c) the financial institution pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.
Note: For bereavement period see section 21.
Subdivision D—Bereavement payment in respect of former CDEP Scheme participant
660YKH Calculation of bereavement payment in respect of former CDEP Scheme participant
If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 660YCH had not been enacted.
Note: For CDEP Scheme participant see section 1188B.
Part 2.13—Employment entry payment
661 Job search allowees over 18 or newstart allowees
661(1) A person is qualified for an employment entry payment under this section if:
(a) the person has turned 21; and
(b) the person commences employment; and
(c) immediately before the person commenced the employment:
(i) the person was receiving a newstart allowance; and
(ii) the person had been receiving income support payments in respect of a continuous period of at least 12 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this paragraph); and
Note 1: For income support payment see subsection 23(1).
Note 2: For the determination of whether a person received income support payments in respect of a continuous period of at least 12 months see section 38B.
(d) because the person commences the employment, the person ceases to be qualified for newstart allowance; and
(e) the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and
(f) the person has not, within the last 12 months, received a payment under this Part.
661(3) If the Secretary is satisfied that:
(a) a person has entered an agreement under which the person is to be employed; and
(b) on the start of that employment, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1) or (2);
the following provisions have effect:
(c) subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at such time as the Secretary determines;
(d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.
661(4) The time determined under paragraph (3)(c) is not to be more than 14 days before the person is to commence the employment.
662 Amount of section 661 payment
The amount of an employment entry payment under section 661 is $104.
664AAA Widow allowance recipients
664AAA(1) A woman is qualified for an employment entry payment under this section if:
(a) she commences employment; and
(b) immediately before she commenced the employment, she was:
(i) receiving widow allowance; and
(ii) a long‑term social security recipient; and
(c) the income earned by her from the employment results in widow allowance ceasing to be payable; and
(d) the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and
(e) she has not, within the last 12 months, received a payment under this Part.
Note: For long‑term social security recipient see subsection 23(1).
664AAA(2) If the Secretary is satisfied that:
(a) a woman has entered an agreement under which she is to be employed; and
(b) on the start of that employment, she would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);
the following provisions have effect:
(c) subject to paragraph (d), she is qualified for an employment entry payment, which is payable to her at such time as the Secretary determines;
(d) she is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to her.
664AAA(3) The time determined under paragraph (2)(c) is not to be more than 14 days before the woman is to commence the employment.
664AAB Amount of section 664AAA payment
The amount of an employment entry payment under section 664AAA is $104.
664AA Mature age allowance and mature age partner allowance recipients
Mature age allowance recipient (Part 2.12A)
664AA(1) A person is qualified for an employment entry payment under this section if:
(a) the person commences employment; and
(b) immediately before the person commences the employment, the person was receiving a mature age allowance under Part 2.12A; and
(c) because the person commences the employment, the person ceases to be qualified for a mature age allowance under that Part; and
(d) the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and
(e) the person has not, within the last 12 months, received a payment under this Part.
Mature age allowance recipient (Part 2.12B)
664AA(1A) A person is qualified for an employment entry payment under this section if:
(a) the person starts employment; and
(b) immediately before the person started the employment, the person was receiving a mature age allowance under Part 2.12B; and
(c) the income earned by the person from the employment results in that mature age allowance ceasing to be payable to the person; and
(d) the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and
(e) the person has not, within the last 12 months, received a payment under this Part.
Mature age partner allowance recipient
664AA(2) A person is qualified for an employment entry payment under this section if:
(a) the person is a member of a couple; and
(b) the person commences employment; and
(c) immediately before the person commences the employment, the person was receiving mature age partner allowance; and
(d) the income earned by the person from the employment results in mature age allowance ceasing to be payable to the person’s partner; and
(e) the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and
(f) the person has not, within the last 12 months, received a payment under this Part.
664AA(3) If the Secretary is satisfied that:
(a) a person has entered an agreement under which the person is to be employed; and
(b) on the start of that employment, the person would, apart from receiving a payment under this subsection, be qualified for a payment under subsection (1), (1A) or (2);
the following provisions have effect:
(c) subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at such time as the Secretary determines;
(d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.
664AA(4) The time determined under paragraph (3)(c) is not to be more than 14 days before the person is to start the employment.
664AB Amount of section 664AA payment
The amount of an employment entry payment under section 664AA is $104.
664A Sole parent pension recipients
664A(1) A person is qualified for an employment entry payment under this section if:
(a) the person’s income from employment rises (including the case where a person commences employment); and
(b) immediately before the rise in the person’s income from employment, the person was receiving a pension PP (single); and
(c) because of the rise in the person’s income from employment, the person’s income from employment exceeds the threshold amount; and
(d) the person’s income from employment is, in the Secretary’s opinion, likely to exceed the threshold amount for more than 4 weeks; and
(e) the person has not, within the last 12 months, received a payment under this Part.
664A(2) If the Secretary is satisfied that:
(a) a person has entered an agreement under which the person is to be employed or the person’s earnings are to be increased; and
(b) on the start of that employment or increase in those earnings, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);
the following provisions have effect:
(c) subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at such time as the Secretary determines;
(d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.
664A(3) The time determined under paragraph (2)(c) must not be more than 14 days before the person is to commence the employment or the person’s income from employment is to rise.
664A(4) In this section:
threshold amount means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:
(a) was not a member of a couple; and
(b) was not receiving rent assistance; and
(c) was not receiving remote area allowance; and
(d) had turned 21 but had not turned 60; and
(e) has no dependent children.
664B Amount of section 664A payment
The amount of an employment entry payment under section 664A is $104.
664C Disability support pension recipients
664C(1) A person is qualified for an employment entry payment under this section if:
(a) the person is in paid employment (other than sheltered employment); and
(i) the employment is for at least 30 hours per week; or
(ii) the person’s income from the employment exceeds the threshold amount; and
(b) immediately before the person commenced the employment, the person was receiving a disability support pension; and
(c) in the Secretary’s opinion the person’s employment is likely to continue for more than 4 weeks; and
(d) the person has not, within the last 12 months, received a payment under this Part.
Note 1: the amount in subparagraph (a)(ii) is adjusted twice a year by legislative amendment.
664C(2) If the Secretary is satisfied that:
(a) a person has entered an agreement under which the person is to be employed; and
(b) on the start of that employment, the person would but for receiving a payment under this subsection, be qualified for a payment under subsection (1);
the following provisions have effect:
(c) subject to paragraph (d), the person is qualified for an employment entry payment which is payable to the person at such time as the Secretary determines;
(d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.
664C(3) The time determined under paragraph (2)(c) is not to be more than 28 days before the person is to commence the employment.
664C(4) In this section:
threshold amount means the maximum amount per fortnight that a person receiving newstart allowance can earn, derive or receive without the allowance ceasing to be payable, if the person:
(a) is not a member of a couple; and
(b) is not receiving rent assistance; and
(c) is not receiving remote area allowance; and
(d) has turned 21 but has not turned 60; and
(e) has no dependent children.
664D Amount of section 664C payment
The amount of an employment entry payment under section 664C is $312.
664E Widow B pension recipients
664E(1) A woman is qualified for an employment entry payment under this section if:
(a) her income from employment rises (including the case where a woman commences employment); and
(b) immediately before the rise in her income from employment, she was receiving a widow B pension; and
(c) because of the rise in her income from employment, her income from employment exceeds the threshold amount; and
(d) her income from employment is, in the Secretary’s opinion, likely to exceed the threshold amount for more than 4 weeks; and
(e) she has not, within the last 12 months, received a payment under this Part.
664E(2) If the Secretary is satisfied that:
(a) a woman has entered an agreement under which she is to be employed or her earnings are to be increased; and
(b) on the start of that employment or increase in those earnings, the woman would, apart from receiving a payment under this subsection, be qualified for a payment under subsection (1);
the following provisions have effect:
(c) subject to paragraph (d), the woman is qualified for an employment entry payment which is payable to her at such time as the Secretary determines;
(d) the woman is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to her.
664E(3) The time determined under paragraph (2)(c) must not be more than 14 days before the woman is to commence the employment or her income from the employment is to rise.
664E(4) In this section:
threshold amount means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:
(a) was not a member of a couple; and
(b) was not receiving rent assistance; and
(c) was not receiving remote area allowance; and
(d) had turned 21 but had not turned 60.
664F Amount of section 664E payment
The amount of an employment entry payment under section 664E is $104.
664G Special benefit recipients
664G(1) A person is qualified for an employment entry payment under this section if:
(a) the person would be qualified for a pension PP (single) apart from paragraphs 500(1)(b) and (d) (Australian residency requirements); and
(b) the person’s income from employment rises (including the case where a person commences employment); and
(c) immediately before the rise in the person’s income from employment, the person was receiving special benefit; and
(d) because of the rise in the person’s income from employment, the person’s income from employment exceeds the threshold amount; and
(e) the person’s income from employment is, in the Secretary’s opinion, likely to exceed the threshold amount for more than 4 weeks; and
(f) the person has not, within the last 12 months, received a payment under this Part.
664G(2) If the Secretary is satisfied that:
(a) a person has entered an agreement under which the person is to be employed or the person’s earnings are to be increased; and
(b) on the start of that employment or increase in those earnings, the person would, apart from receiving a payment under this subsection, be qualified for a payment under subsection (1);
the following provisions have effect:
(c) subject to paragraph (d), the person is qualified for an employment entry payment which is payable to the person at such time as the Secretary determines;
(d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.
664G(3) The time determined under paragraph (2)(c) must not be more than 14 days before the person is to commence the employment or the person’s income from the employment is to rise.
664G(4) In this section:
threshold amount means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:
(a) was not a member of a couple; and
(b) was not receiving rent assistance; and
(c) was not receiving remote area allowance; and
(d) had turned 21 but had not turned 60.
664H Amount of section 664G payment
The amount of an employment entry payment under section 664G is $104.
664HA Carer pension recipients
664HA(1) A person is qualified for an employment entry payment under this section if:
(a) the person’s income from employment rises (including the case where a person commences employment); and
(b) immediately before the rise in the person’s income from employment, the person was receiving a carer pension; and
(c) because of the rise in the person’s income from employment, the person’s income from employment exceeds the threshold amount; and
(d) the person’s income from employment is, in the Secretary’s opinion, likely to exceed the threshold amount for more than 4 weeks; and
(e) the person has not, within the last 12 months, received a payment under this Part.
664HA(2) If the Secretary is satisfied that:
(a) a person has entered an agreement under which the person is to be employed or the person’s earnings are to be increased; and
(b) on the start of that employment or increase in earnings, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);
the following provisions have effect:
(c) subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at such time as the Secretary determines;
(d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.
664HA(3) The time determined under paragraph (2)(c) must not be more than 14 days before the person is to commence the employment or the person’s income from the employment is to rise.
664HA(4) In this section:
threshold amount means the maximum amount of ordinary income that a person receiving newstart allowance could earn, derive or receive without the allowance ceasing to be payable, if the person:
(a) was not a member of a couple; and
(b) was not receiving rent assistance; and
(c) was not receiving remote area allowance; and
(d) had turned 21 but had not turned 60; and
(e) has no dependent children.
664HB Amount of section 664HA payment
The amount of an employment entry payment under section 664HA is $104.
664I Partner allowance recipients
664I(1) A person is qualified for an employment entry payment under this section if:
(a) the person commences employment; and
(b) immediately before the person commenced the employment:
(i) the person was receiving partner allowance; and
(ii) the person’s partner had been receiving income support payments in respect of a continuous period of at least 12 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this paragraph); and
Note 1: For income support payment see subsection 23(1).
Note 2: For the determination of whether a person received income support payments in respect of a continuous period of at least 12 months see section 38B.
(c) because of the income earned by the person from the employment, newstart allowance, youth training allowance or job search allowance ceases to be payable to the person’s partner; and
(d) the employment is, in the Secretary’s opinion, likely to continue for more than 4 weeks; and
(e) the person has not, within the last 12 months, received a payment under this Part.
664I(2) If the Secretary is satisfied that:
(a) a person has entered an agreement under which the person is to be employed; and
(b) on the start of that employment, the person would, but for receiving a payment under this subsection, be qualified for a payment under subsection (1);
the following provisions have effect:
(c) subject to paragraph (d), the person is qualified for an employment entry payment, which is payable to the person at the time the Secretary determines;
(d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) when the payment is payable to the person.
664I(3) The time determined under paragraph (2)(c) is not to be more than 14 days before the person is to commence the employment.
664J Amount of section 664I payment
The amount of an employment entry payment under section 664I is $104.
665(1) A person is not qualified for an employment entry payment under section 661, 664A, 664C, 664E, 664FA, 664G or 664HA unless the person makes a claim for payment.
665(2) A person is not qualified for an employment entry payment under section 661 or 664C if the claim for payment is made more than 28 days after the start of the employment in respect of which the claim is made.
665(2A) A person is not qualified for an employment entry payment under section 664FA if the claim for payment is made more than 28 days after the start of the employment in the supported wage system in respect of which the claim is made.
665(3) A person is not qualified for an employment entry payment under section 664A, 664E, 664G or 664HA if the claim for payment is made more than 28 days after the rise in income in respect of which the claim was made.
665(4) A person is not qualified for an employment entry payment under this Part if the person is qualified for a special employment advance under Part 2.22A and has made a claim under section 11 of the Administration Act in respect of the same employment.
665AA Existence of working credit does not prevent payments under this Part
665AA(1) If:
(a) a person is a working credit participant qualified for newstart allowance; and
(b) either:
(i) the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or
(ii) there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and
(c) the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;
then, for the purpose of determining the participant’s qualification for employment entry payment, the participant ceases to be qualified for newstart allowance at the time when the participant would have so ceased if the participant had not had a working credit balance greater than nil.
665AA(2) If:
(a) a person is a working credit participant to whom widow allowance or a mature age allowance under Part 2.12B is payable; and
(b) either:
(i) the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or
(ii) there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and
(c) the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;
then, for the purpose of determining the participant’s qualification for employment entry payment, the allowance referred to in paragraph (a) ceases to be payable to the participant at the time when it would have so ceased if the participant had not had a working credit balance greater than nil.
665AA(3) If:
(a) a person is a working credit participant to whom a partner allowance is payable; and
(b) either:
(i) the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or
(ii) there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and
(c) the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;
then, for the purpose of determining the participant’s qualification for employment entry payment, newstart allowance ceases to be payable to the participant’s partner at the time when it would have so ceased if the participant had not had a working credit balance greater than nil.
Part 2.13A—Education entry payment
Division 1—Recipients of pension PP (single)
665A Payment to recipient of pension PP (single)
A person is qualified for an education entry payment under this section if:
(a) the person is receiving a pension PP (single); and
(b) a pensioner education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(c) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.
665B Amount of section 665A payment
The amount of an education entry payment under section 665A is $208.
A person is not qualified for an education entry payment under section 665A unless the person has made a claim for the payment.
Division 2—Recipients of disability support pension or disability wage supplement
665E Payment to a disability support pensioner
A person is qualified for an education entry payment under this section if:
(a) the person is receiving a disability support pension; and
(b) a pensioner education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(d) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.
665F Amount of section 665E payment
The amount of an education entry payment under section 665E is $208.
A person is not qualified for an education entry payment under section 665E unless the person has made a claim for the payment.
Division 3—Widow B pension recipients
665I Payment to a widow B pensioner
A woman is qualified for an education entry payment under this section if:
(a) the woman is receiving a widow B pension; and
(b) a pensioner education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(d) the woman has not received a payment under this Part for which she made a claim in the current calendar year.
665J Amount of section 665I payment
The amount of an education entry payment under section 665I is $200.
A person is not qualified for an education entry payment under section 665I unless the person has made a claim for the payment.
Division 4—Special benefit recipients
665M Payment to a special benefit recipient
A person is qualified for an education entry payment under this section if:
(a) the person would be qualified for a pension PP (single) apart from paragraphs 500(1)(b) and (d) (Australian residency requirements); and
(b) the person is receiving special benefit; and
(c) a pensioner education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(e) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.
665N Amount of section 665M payment
The amount of an education entry payment under section 665M is $208.
A person is not qualified for an education entry payment under section 665M unless the person has made a claim for the payment.
Division 6—Newstart allowance recipients
665U(1) A person is qualified for an education entry payment under this section if:
(a) either:
(i) the Secretary is satisfied that the person intends to enrol in a full‑time course of education that is an approved course under the ABSTUDY scheme or an approved course of education or study for the purposes of paragraph 541B(1)(c) or 569A(b); or
(ii) the person is enrolled in such a course; and
(b) immediately before starting the course of education:
(i) the person is receiving a newstart allowance; and
(ii) the person had been receiving income support payments in respect of a continuous period of at least 12 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this section); and
Note 1: For income support payment see subsection 23(1).
Note 2: For the determination of whether a person received income support payments in respect of a continuous period of at least 12 months see section 38B.
(c) the person:
(i) ceases to be qualified for newstart allowance because the person takes part in the course of education; or
(ii) is not qualified for youth allowance as a full‑time student, austudy payment or payments under the ABSTUDY scheme because the person takes part in the course to satisfy the activity test under section 601 or to comply with a Newstart Activity Agreement; and
(d) the person has not, within the last 12 months, received a payment under this Part.
665U(2) A person is also taken to be qualified for an education entry payment under this section if:
(a) immediately before 20 September 1996, the person:
(i) was qualified for an education entry payment under section 665Q of this Act, or under this section, as in force immediately before that date; or
(ii) would have been so qualified if the person had, before that date, duly made a claim for the payment; and
(b) the person has not received the payment.
665V Amount of section 665U payment
The amount of an education entry payment under section 665U is $208.
A person is not qualified for an education entry payment under section 665U unless the person has made a claim for the payment.
Division 7—Mature age allowance recipient
665Y Payment to a mature age allowance recipient
A person is qualified for an education entry payment under this section if:
(a) either:
(i) the Secretary is satisfied that the person intends to enrol in a course of education (whether full‑time or part‑time) that is an approved course under the ABSTUDY schemes; or
(ii) the person is enrolled in such a course; and
(b) immediately before commencing the course of education, the person is receiving mature age allowance; and
(c) the person has not, within the last 12 months, received a payment under this Part.
665Z Amount of section 665Y payment
The amount of an education entry payment under section 665Y is $208.
A person is not qualified for an education entry payment under section 665Y unless the person has made a claim for the payment.
Division 8—Widow allowance recipients
665ZC Payment to a widow allowance recipient
A woman is qualified for an education entry payment under this section if:
(a) either:
(i) the Secretary is satisfied that she intends to enrol in a full‑time or part‑time course of education that is an approved course under the ABSTUDY scheme; or
(ii) she is enrolled in such a course; and
(b) immediately before she commences the course of education, she:
(i) is receiving widow allowance; and
(ii) is a long‑term social security recipient; and
(c) she has not, within the last 12 months, received a payment under this Part.
Note 1: For long‑term social security recipient see subsection 23(1).
Note 2: Transitional provisions apply to this section for 9 months after 1 January 1995 (see section 11 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).
665ZD Amount of section 665ZC payment
The amount of an education entry payment under section 665ZC is $208.
A person is not qualified for an education entry payment under section 665ZC unless the person has made a claim for the payment.
Division 8A—Carer payment recipients
665ZFA Payment to a carer payment recipient
A person is qualified for an education entry payment under this section if:
(a) the person is receiving a carer payment; and
(b) a pensioner education supplement is payable to the person; and
Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(d) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.
665ZFB Amount of section 665ZFA payment
The amount of an education entry payment under section 665ZFA is $208.
A person is not qualified for an education entry payment under section 665ZC unless the person has made a claim for the payment.
Division 9—Mature age partner allowance
665ZG Payment to a mature age partner allowance recipient
A person is qualified for an education entry payment under this section if:
(a) either:
(i) the Secretary is satisfied that the person intends to enrol in a full‑time or part‑time course of education that is an approved course under the ABSTUDY scheme; or
(ii) the person is enrolled in such a course; and
(b) immediately before the person commences the course of education, the person is receiving a mature age partner allowance; and
(c) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.
665ZH Amount of section 665ZG payment
The amount of an education entry payment under section 665ZG is $208.
A person is not qualified for an education entry payment under section 665ZG unless the person has made a claim for the payment.
Division 10—Wife pension recipients
665ZL Payment to a wife pensioner
A woman is qualified for an education entry payment under this section if:
(a) either:
(i) the Secretary is satisfied that she intends to enrol in a full‑time or part‑time course of education that is an approved course under the ABSTUDY scheme; or
(ii) she is enrolled in such a course; and
(b) immediately before she commences the course of education, she is receiving a wife pension; and
(c) she has not received a payment under this Part for which she made a claim in the current calendar year.
665ZM Amount of section 665ZL payment
The amount of an education entry payment under section 665ZL is $200.
A person is not qualified for an education entry payment under section 665ZL unless the person has made a claim for the payment.
Division 11—Partner allowance recipients
665ZQ Payment to a partner allowance recipient
A person is qualified for an education entry payment under this section if:
(a) either:
(i) the Secretary is satisfied that the person intends to enrol in a full‑time course of education that is an approved course under the ABSTUDY scheme; or
(ii) the person is enrolled in such a course; and
(b) immediately before the person commences the course of education, the person:
(i) is receiving partner allowance; and
(ii) is a long‑term social security recipient; and
(c) the person has not, within the last 12 months, received a payment under this Part.
Note 1: For long‑term social security recipient see subsection 23(1).
Note 2: Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).
665ZR Amount of section 665ZQ payment
The amount of an education entry payment under section 665ZQ is $208.
A person is not qualified for an education entry payment under section 665ZQ unless the person has made a claim for the payment.
Division 12—Recipients of PP (partnered)
665ZU Payment to recipient of PP (partnered)
A person is qualified for an education entry payment under this section if:
(a) either:
(i) the Secretary is satisfied that the person intends to enrol in a full‑time or part‑time course of education that is an approved course under the AUSTUDY scheme or ABSTUDY scheme; or
(ii) the person is enrolled in such a course; and
(b) immediately before the person commences the course of education, the person:
(i) is receiving benefit PP (partnered); and
(ii) is a long‑term social security recipient; and
(c) the person has not, within the last 12 months, received a payment under this Part.
Note 1: For long‑term social security recipient see subsection 23(1).
Note 2: For benefit PP (partnered) see section 18.
Note 3: Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).
665ZV Amount of section 665ZU payment
The amount of an education entry payment under section 665ZU is $208.
A person is not qualified for an education entry payment under section 665ZU unless the person has made a claim for the payment.
Division 13—Protection of education entry payment
665ZY Education entry payment to be absolutely inalienable
665ZY(1) Subject to subsections (2) and (3) and section 1359, an education entry payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
665ZY(2) The Secretary may make a deduction from an education entry payment payable to a person if the person asks the Secretary:
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of Taxation.
665ZY(3) The Secretary may make a deduction from a person’s education entry payment if the person consents under section 1234A to the Secretary making that deduction.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
665ZZ Effect of garnishee or attachment order
665ZZ(1) If:
(a) a person has an account with a financial institution; and
(b) a court order in the nature of a garnishee order comes into force in respect of the account; and
(c) an education entry payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4‑week period immediately before the court order came into force;
the court order does not apply to the saved amount (if any) in the account.
665ZZ(2) The saved amount is worked out as follows:
Method statement
Step 1. Work out the amount of education entry payment
paid to the credit of the account as mentioned in paragraph (1)(c).
Step 2. Subtract from that amount the total amount withdrawn from the account during the 4‑week period referred to in paragraph (1)(c): the result is the saved amount.
665ZZ(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Note: A person affected by a garnishee order may have other saved amounts.
Division 1—Qualification for and payability of sickness allowance
Subdivision A—Basic qualification
666 Qualification for sickness allowance
666(1) A person is qualified for sickness allowance in respect of a period if:
(a) the person is incapacitated for work or study throughout the period because of sickness or an accident; and
(b) the incapacity is caused wholly or virtually wholly by a medical condition arising from the sickness or accident; and
(c) the incapacity is, or is likely to be, of a temporary nature; and
(ca) one of the following applies:
(i) immediately before the incapacity occurred the person was in employment (whether the person was self‑employed, or was employed by another person, on a full‑time, part‑time, casual or temporary basis) and the Secretary is satisfied that, when the incapacity ends, the employment will be again available to the person (whether or not the same kind of work will be available);
(ii) immediately before the incapacity occurred the person was in full‑time education and was receiving payments under the ABSTUDY scheme and the Secretary is satisfied that the person is committed to resuming full‑time study under that scheme when the incapacity ends;
(iii) immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends; and
(e) before the period begins the person has turned 21; and
(f) before the period ends the person has not turned, or is not likely to turn, pension age; and
(g) throughout the period, the person:
(i) is an Australian resident; or
(ii) is exempt from the residence requirement within the meaning of subsection 7(7).
Note 1: see section 677 for the circumstances in which sickness allowance is not payable to a person even though the person is qualified for the allowance.
Note 3: for pension age see section 23.
666(2) In this section:
work, in relation to a person, means work that the person has contracted to perform under a contract of employment that:
(a) the person had immediately before the person becomes incapacitated; and
(b) continues after the person becomes incapacitated.
Person not qualified in certain circumstances
666(9) A person is not qualified for sickness allowance in respect of an incapacity if the Secretary is satisfied that the incapacity is brought about with a view to obtaining youth allowance, austudy payment, newstart allowance, youth training allowance, sickness allowance or disability support pension.
667 Person undertaking rehabilitation program may qualify for sickness allowance
667(3) A person is qualified for sickness allowance in respect of a period (in this subsection called the rehabilitation period) if:
(a) immediately before the rehabilitation period began the person was receiving sickness allowance in respect of a period; and
(b) the person is undertaking a rehabilitation program during the rehabilitation period; and
(c) the program is intended to enhance the person’s ability to work; and
(ca) the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and
(d) the person’s participation in the program is, or is likely to, end within the period of 208 weeks after the allowance commenced to be payable to the person; and
(e) subsection (4) or (4A) applies to the person.
667(4) This subsection applies to a person during a period if:
(a) before the period begins the person has turned 21; and
(b) before the period ends the person has not turned, or is not likely to turn, pension age; and
(c) a person is an Australian resident throughout the period.
Note: for pension age see section 23.
Person not qualified in certain circumstances
667(5) A person is not qualified for sickness allowance in respect of an incapacity if the Secretary is satisfied that the incapacity is brought about with a view to obtaining youth allowance, austudy payment, job search allowance, newstart allowance, youth training allowance, sickness allowance or disability support pension.
669 Time limit on qualification for sickness allowance
669(1) A person who is receiving sickness allowance ceases to be qualified for sickness allowance 14 days after the person’s maximum allowance period ends.
669(2) The maximum allowance period for a person is the period specified in the determination granting the person’s claim for sickness allowance as the maximum period for which the sickness allowance is payable to the person.
669(3) The period specified in the determination is not to be more than:
(a) if the person’s claim for sickness allowance is supported by a medical certificate:
(i) the period specified in the medical certificate as the period for which the person is incapacitated for work; or
(ii) the period of 13 weeks;
whichever is the lesser; or
(b) if the claim is not supported by a medical certificate because of the person’s participation in a rehabilitation program—the period of the person’s participation in the program; or
(c) in any other case—the period of 4 weeks.
669(4) For the purposes of subsection (3), the person’s maximum allowance period commences on the first day the allowance becomes payable to the person.
Note: for the day on which sickness allowance becomes payable to a person see section 41 of the Administration Act.
Secretary may extend maximum allowance period
669(5) If:
(a) a person is receiving sickness allowance; and
(b) the person gives the Secretary a certificate of a medical practitioner containing the matters listed in subsection 704(1) and in accordance with the form approved under subsection 704(2); and
(c) the Secretary is satisfied that the person’s incapacity for work will continue after the end of the person’s maximum allowance period;
the Secretary may extend the maximum allowance period by a period of not more than 13 weeks.
669(5A) If:
(a) a person was receiving sickness allowance; and
(b) within 14 days after the end of the person’s maximum allowance period the person gives the Secretary a certificate of a medical practitioner containing the matters listed in subsection 704(1) and in accordance with the form approved under subsection 704(2); and
(c) the Secretary is satisfied that the person’s incapacity for work has continued after the end of the person’s maximum allowance period and that the incapacity will continue;
the Secretary may extend the maximum exemption period by a period of not more than 13 weeks from the end of the previous maximum exemption period.
669(6) If:
(a) a person is receiving sickness allowance; and
(b) the person gives the Secretary written evidence (other than a certificate referred to in paragraph (5)(b)) that the person’s incapacity for work will continue after the end of the person’s maximum allowance period; and
(c) the Secretary is satisfied that:
(i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (5)(b) before the person’s maximum allowance period ends; and
(ii) the person’s incapacity for work will continue after the end of the person’s maximum allowance period;
the Secretary may extend the maximum allowance period by a period of not more than 4 weeks.
669(6A) If:
(a) a person was receiving sickness allowance; and
(b) within 14 days after the end of the person’s maximum allowance period the person gives the Secretary written evidence (other than a certificate referred to in paragraph (5A)(b)) that the person’s incapacity for work will continue after the end of the person’s maximum allowance period; and
(c) the Secretary is satisfied that:
(i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (5A)(b); and
(ii) the person’s incapacity for work has continued after the end of the person’s maximum allowance period and that the incapacity will continue;
the Secretary may extend the maximum allowance period by a period of not more than 4 weeks from the end of the previous maximum allowance period.
669(7) If:
(a) a person is receiving sickness allowance; and
(b) the person gives the Secretary a certificate referred to in paragraph (5)(b) before the end of the person’s maximum allowance period; and
(c) before the end of the person’s maximum allowance period, the Secretary does not satisfy himself or herself that the person’s incapacity for work will continue after the end of that period; and
(d) the sole or dominant cause of the Secretary failing to satisfy himself or herself is an act or omission of an officer of the Department;
the Secretary may extend the person’s maximum allowance period by a period of not more than 4 weeks.
Note: if the person’s maximum allowance period is extended under this subsection, the Secretary may further extend the person’s maximum allowance period under subsection (5).
676 Liquid assets test waiting period
676(1) Subject to subsections (2), (6) and (7), if the value of a person’s liquid assets exceeds the person’s maximum reserve on:
(a) the day on which the person becomes incapacitated for work or study; or
(b) the day on which the person claims sickness allowance;
the person is not qualified for sickness allowance for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period.
Note 1: for liquid assets see section 14A.
Note 2: for maximum reserve see section 14A.
Note 4: for serving the liquid assets test waiting period see subsection 23(10A).
676(2) Subsection (1) does not apply to a person if:
(a) the person is a transferee to sickness allowance; or
(b) the person has been in receipt of sickness allowance in respect of any period during the 4 weeks immediately before the person’s current claim for sickness allowance is made.
676(3) The liquid assets test waiting period in relation to the claim is to be worked out under subsections (3A), (3B) and (3C).
676(3A) Work out the number of formula weeks (disregarding any fractions of a week) in relation to the claim using the formula:
where:
liquid assets means the person’s liquid assets.
maximum reserve amount means the maximum reserve in relation to the person under subsection 14(1).
divisor means, in relation to a person:
(a) if the person is not a member of a couple and does not have a dependent child—$500; or
(b) otherwise—$1,000.
676(3B) If the number of formula weeks is equal to or greater than 13 weeks, the liquid assets test waiting period in relation to the claim is 13 weeks.
676(3C) If subsection (3B) does not apply, the liquid assets test waiting period in relation to the claim is the number of weeks equal to the number of formula weeks.
676(4) Subject to subsection (5), if the person is not a member of a couple, the liquid assets test waiting period in relation to the claim starts on the day on which the person became incapacitated for work or study.
676(4A) Subject to subsection (5), if the person is a member of a couple, the liquid assets test waiting period in relation to the claim starts on the last occurring of the following days:
(a) the day on which the person became incapacitated for work or study;
(b) if, when the claim is made, the person’s partner is unemployed—the day on which the person’s partner became unemployed;
(c) if, when the claim is made, the person’s partner is incapacitated for work or study—the day on which the person’s partner became incapacitated for work or study.
676(5) If:
(a) a person becomes qualified for austudy payment; and
(b) because of paragraph 572(c), austudy payment is not payable to the person while the person is subject to a liquid assets test waiting period (see section 575A); and
(c) within the liquid assets test waiting period referred to in paragraph (b):
(i) the person becomes incapacitated for study; and
(ii) the person claims sickness allowance;
the liquid assets test waiting period in relation to the claim for sickness allowance starts on the day on which the person becomes qualified for austudy payment.
676(6) Subsection (1) does not apply to a person if, at any time during the 12 months preceding:
(a) the day on which the person becomes incapacitated for work; or
(b) the day on which the person claims sickness allowance;
the person or their partner was serving a liquid assets test waiting period that started during that 12 months.
676(7) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
Subdivision B—Situations where allowance not payable (general)
677 Sickness allowance not payable if allowance rate nil
677(1) Subject to subsection (2), sickness allowance is not payable to a person if the person’s sickness allowance rate would be nil.
677(2) Subsection (1) does not apply to a person if the person’s sickness allowance rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements Act.
680(1) A sickness allowance is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.
680(3) A person’s assets value limit is worked out using the following Table: work out which family situation applies to the person; the assets value limit is the corresponding amount in column 3.
Assets value limit table | |||
Column 1 | Column 2 | Column 3 Assets value limit | |
Item | Person’s family situation | Column 3A Either person or partner homeowner | Column 3B Neither person nor partner homeowner |
1. | Not member of a couple | $110,750 | $190,250 |
2. | Partnered (partner getting neither pension nor benefit) | $157,500 | $237,000 |
3. | Partnered (partner getting pension or benefit) | $78,750 | $118,500 |
Note 1: for member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.
Note 2: for homeowner see section 11.
Note 3: if item 2 applies to a person, the value of all the assets of the person’s partner is to be taken as being included in the value of the person’s assets (see subsection 680(1)—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 680(2)).
Note 4: if a sickness allowance is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (sections 1131 and 1132).
Note 5: the assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).
Note 6: the assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).
Note 7: the item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).
681 Value of assets of members of couples
681(1) If:
(a) the person is a member of a couple; and
(b) the person’s partner:
(i) is not in receipt of a social security or service pension or income support supplement; and
(ii) is not in receipt of a social security allowance;
the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.
681(2) If:
(a) the person is a member of a couple; and
(b) the person’s partner is in receipt of:
(i) a social security or service pension or income support supplement; or
(ii) a social security allowance;
the value of:
(c) the person’s assets is taken to be 50% of the sum of the value of the person’s assets and the value of the partner’s assets; and
(d) the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of assets of that kind of the person’s partner.
685(1) Subject to subsection (2), sickness allowance is not payable to a person who is enrolled in a full‑time course of education or of vocational training for the period that:
(a) starts when the person starts the course; and
(b) finishes when the person:
(i) completes the course; or
(ii) abandons the course; or
(iii) gives notice to the provider of the course that the person:
(A) wishes to withdraw from the course; or
(B) wishes to withdraw from such number of subjects that the person’s course will no longer be a full‑time course; and
(c) includes periods of vacation.
685(2) Subsection (1) does not prevent a sickness allowance from being payable for any period during which:
(a) a person is enrolled in a full‑time course of education that is part of a rehabilitation program that the Secretary has required the person to undertake under section 697; or
(b) the person has deferred a course of education.
686 Multiple entitlement exclusion
686(1) Sickness allowance is not payable to a person if the person is already receiving a service pension, income support supplement, a job search allowance or a newstart allowance.
686(2) If:
(a) a person is receiving sickness allowance; and
(b) a social security pension, another social security benefit, service pension or income support supplement becomes payable to the person;
the sickness allowance is not payable to the person.
Note 1: another payment type will generally not become payable to the person until the person claims it.
Note 2: For social security benefit see subsection 23(1).
686(3) Sickness allowance is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;
unless:
(c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and
(d) before 1 November 1986 the woman was also receiving a social security benefit.
Note: for armed services widow see subsection 4(1).
686(4) Sickness allowance is not payable to a man if the man is a widower who is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
686(4A) Sickness allowance is not payable to a person if:
(a) the person is an armed services widow or an armed services widower; and
(b) the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and armed services widower see subsection 4(1).
Note 2: For MRCA see subsection 23(1).
686(5) Sickness allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:
(a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part‑time students; or
(b) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or
(c) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or
(d) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full‑time students.
Note: for prescribed educational scheme see section 5.
686(6) If:
(a) a person starts a full‑time course of education; and
(b) a payment under a scheme referred to in subsection (5) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (5), sickness allowance is payable to the person for a period before the person starts the course.
686(7) Sickness allowance is not payable to a person in respect of a period if the person is a CDEP Scheme participant in respect of the whole or any part of the period.
Subdivision C—Situations where allowance not payable (waiting periods)
A person is subject to an ordinary waiting period unless:
(a) at some time in the 13 weeks immediately before the person’s start day, the person received an income support payment; or
Note: For income support payment see subsection 23(1).
(e) the following conditions apply:
(i) the person is a member of a couple;
(ii) the person’s partner dies;
(iii) immediately before the partner’s death, the person was receiving a partner allowance;
(iv) within the period of 4 weeks that starts on the day after the day on which the partner dies, the person claims a sickness allowance; or
(f) the Secretary is satisfied that the person is in severe financial hardship.
Note 2: For social security benefit see subsection 23(1).
Note 3: For social security pension see subsection 23(1).
Note 4: For service pension see subsection 23(1).
Note 5: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).
694 Duration of ordinary waiting period
694(1) If a person:
(a) is subject to an ordinary waiting period; and
(c) is not disqualified for sickness allowance under section 676 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the person’s start day.
Note 3: If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the ordinary waiting period.
694(3) If a person:
(a) is subject to an ordinary waiting period; and
(c) is disqualified for sickness allowance under section 676 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the day after the end of the period referred to in subsection 676(3).
694(6) If:
(a) after the commencement of this subsection, a person becomes unemployed and claims newstart allowance; and
(b) because of sections 620 and 621 (ordinary waiting period), newstart allowance is not payable to the person for a period starting on the day (the applicable day) applicable to the person under subparagraph (i) or (ii), as the case may be:
(i) if the person is not disqualified for newstart allowance under section 598 (liquid assets test)—the person’s newstart allowance start day; or
(ii) if the person is disqualified for newstart allowance under section 598 (liquid assets test)—the day after the day on which the person’s newstart allowance liquid assets waiting period ends; and
(c) during that period the person becomes temporarily incapacitated for work and claims sickness allowance;
then, despite subsections (1), (2) and (3), the person’s ordinary waiting period is a period of 7 days starting on the applicable day.
696B Newly arrived resident’s waiting period
696B(1) Subject to this section, a person who:
(a) has entered Australia on or after 1 January 1993; and
(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
is subject to a newly arrived resident’s waiting period.
696B(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a sickness allowance.
Note: For qualifying residence exemption see subsection 7(6).
696B(3) Subsection (1) does not apply to a person:
(a) if, immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or
(b) if:
(i) immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period (permit period) of less than 26 weeks; and
(ii) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
(iii) the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.
Note: For designated temporary entry permit see subsection 7(1).
696B(5) Subsection (1) does not apply to a person if:
(a) the person is already subject to a newly arrived resident’s waiting period; or
(b) the person has already served a newly arrived resident’s waiting period; or
(c) the person:
(i) has previously entered Australia before 1 January 1993; and
(ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.
696B(6) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on 1 February 2000.
696C Duration of newly arrived resident’s waiting period
696C(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.
696C(2) If:
(a) immediately before this section commenced, the person held a valid designated temporary entry permit; and
(b) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
(c) that temporary visa was in force immediately before the person was granted his or her permanent visa;
the newly arrived resident’s waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.
Note: For designated temporary entry permit see subsection 7(1).
696C(3) If subsection (2) does not apply, the newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.
Division 4—Rate of sickness allowance
709 How to work out a person’s sickness allowance rate
A person’s sickness allowance rate is to be worked out using Benefit Rate Calculator B at the end of section 1068.
Division 9—Bereavement payments
Subdivision AA—Death of partner
728PA Qualification for payments under this Subdivision
728PA(1) If:
(a) a person is receiving a sickness allowance; and
(b) the person is a long‑term social security recipient; and
(c) the person is a member of a couple; and
(d) the person’s partner dies; and
(e) immediately before the partner died, the partner:
(i) was receiving a social security pension; or
(ii) was receiving a service pension or income support supplement; or
(iii) was a long‑term social security recipient; and
(f) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:
(i) the amount that would otherwise be payable to the person under section 728PD (person’s continued rate) on that payday; and
(ii) the amount (if any) that would otherwise be payable to the person, under section 728PB (continued payment of partner’s pension or allowance) on the partner’s payday immediately before the first available bereavement adjustment payday;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 728PB provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: section 728PC provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Note 3: for long‑term social security recipient see subsection 23(1).
728PA(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
728PA(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
728PA(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which sickness allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 728PD.
728PB Continued payment of partner’s pension or benefit
If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.
728PC Lump sum payable in some circumstances
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and
(b) the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;
the result is called the combined rate.
Step 2. Work out the amount that, but for section 728PD, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.
Step 3. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 4. Work out the number of the partner’s paydays in the bereavement lump sum period.
Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.
728PD Adjustment of a person’s sickness allowance rate
If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 728PA(2) not to receive payments under this Subdivision;
the rate of the person’s sickness allowance during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of sickness allowance payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died;
(d) during the bereavement lump sum period (if any), the rate at which sickness allowance is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.
728PE Effect of death of person entitled to payments under this Subdivision
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person’s partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and
(b) the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died;
the result is called the combined rate.
Step 2. Work out the amount that, but for section 728PD, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.
Step 3. Take the person’s individual rate away from the combined pensioner couple rate: the result is called the partner’s instalment component.
Step 4. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.
728PF Matters affecting payments under this Subdivision
728PF(1) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
728PF(2) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and
(c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Division 1—Qualification for and payability of special benefit
729 Qualification for special benefit
729(1) A person is qualified for a special benefit for a period if the Secretary determines, in accordance with subsection (2), that a special benefit should be granted to the person for the period.
Note: special benefit is a discretionary benefit and is available only to a person who is not able to get any other income support payment (see paragraphs (2)(a) and (b) below).
729(2) The Secretary may, in his or her discretion, determine that a special benefit should be granted to a person for a period if:
(a) no social security pension is payable to the person during the period; and
(b) no other social security benefit is payable to the person for the period; and
(bb) the person is not disqualified for a benefit PP (partnered) for the period solely because of the operation of section 500C (unemployment due to industrial action); and
(bc) the person is not disqualified from parenting payment for the period solely because of a failure to meet the requirement of paragraph 500(1)(c) (requirement to enter into a participation agreement); and
(bd) if the person is qualified for parenting payment but the payment is not payable to the person for the period—that result is not produced because of the operation of section 500ZA (person failing to comply with a participation agreement); and
(c) the person is not disqualified for a newstart allowance for the period because of the operation of section 596; and
(d) if the person is qualified for a newstart allowance but the allowance is not payable to the person for the period—that result is not produced because of the operation of one or more of the following:
(i) section 625 (person failing to enter into a Newstart Activity Agreement);
(ia) section 626 (person failing to comply with a Newstart Activity Agreement);
(ii) section 624 (person failing to satisfy activity test);
(iii) section 628 (unemployment due to voluntary act);
(iv) section 629 (unemployment due to misconduct);
(v) section 630 (refusal of job offer);
(va) section 630AA (failing to provide information);
(vi) section 631 (person failing to comply with notification requirement);
(viii) section 633 (seasonal workers);
(ix) section 634 (move to area of lower employment prospects); and
(da) the person is not disqualified for a youth allowance for the period because of the operation of:
(i) section 541A (failure to satisfy the activity test); or
(ii) section 544 (requirements relating to Youth Allowance Activity Agreements); and
(db) the person is not disqualified for an austudy payment for the period because the person fails to satisfy the activity test within the meaning of section 569; and
(dc) youth allowance is not payable to the person for the period and that result is not because of the operation of:
(i) section 550 (application of activity test non‑payment period); or
(ii) section 553B (move to an area of lower employment prospects); or
(iii) section 81 of the Administration Act; and
(dd) austudy payment is not payable to the person for the period and that result is not because of the operation of:
(i) section 576 (application of activity test non‑payment period); or
(ii) section 81 of the Administration Act; and
(e) the Secretary is satisfied that the person is unable to earn a sufficient livelihood for the person and the person’s dependants (if any) because of age, physical or mental disability or domestic circumstances or for any other reason; and
(f) the person:
(i) is an Australian resident; or
(v) is the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph; and
(g) if the person is:
(i) the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which this subparagraph applies; and
(ii) a person to whom subsection (2A) applies;
the person meets the additional criteria set out in paragraph (2B).
Note 1: for Australian resident see subsection 7(2).
729(2A) For the purposes of paragraph (2)(g), the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph (2)(g)(i) applies is a person to whom that first‑mentioned paragraph applies only if:
(a) the person would not qualify for disability support pension under section 94 or 95 if the person were an Australian resident; and
(b) the person has attained the minimum age for youth allowance as determined in accordance with subsection 543A(1) but has not attained pension age; and
(c) the person:
(i) claims, or has claimed, special benefit on or after 1 January 2003 that is not continuous with any previous grant of special benefit; or
(ii) if the person had not attained the minimum age for youth allowance as defined by subsection 543A(1) before 1 January 2003—is receiving special benefit granted before, or continuous with special benefit granted before, that date.
729(2B) A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f):
(a) throughout the period, and for each period within the period, the person either:
(i) satisfies the activity test set out in section 731A; or
(ii) is not required to satisfy the activity test; and
(b) at all times (if any) during the period when the person is not a party to a Special Benefit Activity Agreement, the person is prepared to enter into such an agreement; and
(c) at all times during the period when the person is a party to a Special Benefit Activity Agreement, the person is prepared to enter into another such agreement instead of the existing agreement; and
(d) if the person is required by the Secretary to enter into a Special Benefit Activity Agreement in relation to the period or a part of the period, the person enters into that agreement; and
(e) while a Special Benefit Activity Agreement is in force, the person satisfies the Secretary that the person is taking reasonable steps to comply with the terms of the agreement.
729(2C) For the purposes of paragraph (2B)(e), a person is taking reasonable steps to comply with the terms of a Special Benefit Activity Agreement unless the person has failed to comply with the terms of the agreement and:
(a) the main reason for failing to comply involved a matter that was within the person’s control; or
(b) the circumstances that prevented the person from complying were reasonably foreseeable by the person.
729(2CA) The Secretary must not determine that a person has failed to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement unless the Secretary:
(a) is satisfied that the terms of the agreement were intended to assist the person over time in gaining employment or undertaking study or training; and
(b) has made reasonable attempts to contact the person in relation to the requirement to comply with the terms of the agreement (and has documented each attempt to contact); and
(c) if contact was able to be made, has had regard to the reasons, if any, provided by the person for not complying with the terms of the agreement; and
(d) has confirmed the adequacy of the support that the Secretary agreed to provide under the agreement.
729(2D) For the avoidance of doubt, if, at any time during the period for which special benefit is granted to a person, the person’s circumstances change such that, if the person were to be making a claim for special benefit on the basis of the changed circumstances, the person would not be qualified for special benefit, special benefit ceases to be payable.
729(3) The Secretary is not to determine that a special benefit should be granted to a person for a period if the Secretary is satisfied that the benefit is not payable to the person for that period.
729(4) For the purposes of paragraph (2)(d), a newstart allowance is to be taken to be not payable to a person for a period because of the operation of a provision if:
(a) the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or
(b) were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.
729(4A) For the purposes of paragraph (2)(dc) a youth allowance is taken to be not payable to a person for a period because of the operation of a provision if:
(a) the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or
(b) were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.
729(4B) For the purposes of paragraph (2)(dd), an austudy payment is taken not to be payable to a person for a period because of the operation of a provision if:
(a) the person has claimed the payment for the period and the payment is not payable to the person because of the operation of the provision; or
(b) were the person to claim the payment for the period, the payment would not be payable to the person because of the operation of the provision.
729(6) If:
(a) a person was receiving a social security pension, a service pension or income support supplement; and
(b) the person claims a special benefit within 14 days of the day on which the last instalment of the person’s pension was paid; and
(c) the person becomes qualified for a special benefit at some time during the 14 day period but after the first day of that period;
the person is taken to be qualified for a special benefit for the whole of the 14 day period.
Note: subsection (6) operates when a person transfers from a pension to a special benefit and the person is not qualified for a special benefit immediately after the day on which the person’s last instalment of pension is paid. The subsection deems the person to be so qualified. As a result, the person may be paid a special benefit for the period beginning on the day after the day on which the person’s last instalment of pension was paid. The subsection aims to ensure that there is minimal disruption to a person’s payments when a person transfers from a pension to a special benefit.
729A Time limit on qualification for certain recipients of special benefit
729A(1) This section applies to a person who is receiving special benefit if:
(a) the person’s maximum benefit period is 13 weeks or less; and
(b) the Secretary determines that this section should apply to the person.
729A(2) The maximum benefit period for a person is the period specified in the determination granting the person’s claim for special benefit as the maximum period for which the special benefit is payable to the person.
729A(3) If:
(a) the section applies to a person; and
(b) the Secretary is satisfied that the person’s qualification for special benefit will continue after the end of the person’s maximum benefit period; and
(c) the Secretary determines that this subsection should apply to the person;
the Secretary may determine that special benefit should be granted to the person for a period of not more than 13 weeks.
729A(4) Subject to section 729B, if:
(a) the Secretary has determined that special benefit should be granted to the person for a period of not more than 13 weeks under subsection (3) or this subsection; and
(b) the Secretary is satisfied that the person’s qualification for special benefit will continue after the end of that period; and
(c) the Secretary determines that this subsection should apply to the person;
the Secretary may determine that special benefit should be granted to the person for a further period of not more than 13 weeks.
729AA(1) A person who:
(a) has claimed special benefit; and
(b) is:
(i) the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and
(ii) a person to whom subsection 729(2A) applies;
is not, for the purposes of paragraph 729(2)(e), taken to be unable to earn a sufficient livelihood for the person and the person’s dependants (if any) if:
(c) that inability arises because the person has ceased to be employed, or to be employed at a particular level of income; and
(d) that cessation is attributable to the person’s being, or having been, engaged in industrial action, or in a series of industrial actions.
729AA(2) Subsection (1) does not apply in relation to a person if the Secretary is satisfied that:
(a) the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and
(b) the people or some of the people were members of a trade union that was involved in the industrial action; and
(c) the person was not a member of the trade union during the period of the industrial action.
729AA(3) Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for special benefit in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.
729AA(4) If the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:
(a) a State industrial authority within the meaning of section 4 of the Workplace Relations Act; or
(b) the Australian Industrial Relations Commission; or
(c) the Federal Court; or
(d) the Federal Magistrates Court;
a person is not qualified for special benefit in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.
729B Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks
729B(1) A person to whom subsection 729A(4) applies ceases to be qualified for special benefit if the person has received special benefit in respect of the immediately preceding period of 52 weeks.
729B(2) The Secretary may make a written determination that subsection (1) does not apply to a person if the Secretary is satisfied:
(a) that the person’s qualification for special benefit will end during the next 13 weeks; or
(b) that the person’s qualification for special benefit will continue after the end of the period of 65 weeks commencing on the person’s start day.
729C Consequence of subsection 729B(2) determination
729C(1) If the Secretary:
(a) is satisfied of the matter mentioned in paragraph 729B(2)(a); and
(b) makes a determination under subsection 729B(2) in relation to a person;
then the person ceases to be qualified for special benefit if:
(c) the person has received special benefit in respect of the immediately preceding 65 weeks; and
(d) the Secretary is satisfied that this subsection should apply to the person.
729C(2) If the Secretary:
(a) is satisfied of the matter mentioned in paragraph 729B(2)(b); and
(b) makes a determination under subsection 729B(2) in relation to a person;
the Secretary may determine that special benefit should be granted to the person for a period.
The period determined by the Secretary under subsection 729(2) is not to begin before the person’s start day.
Subdivision AA—Activity test for certain nominated visa holders
731 Application of Subdivision
This Subdivision applies to a person who is:
(a) the holder of a visa that is included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and
(b) a person to whom subsection 729(2A) applies.
731A(1) Subject to subsection (2), a person to whom this Subdivision applies satisfies the activity test in respect of a period, whether it is the period of the grant of special benefit or a period within that period, if the person satisfies the Secretary that, throughout the period, the person is:
(a) actively seeking; and
(b) willing to undertake;
paid work in Australia other than unsuitable paid work within the meaning of section 731B.
731A(2) The Secretary may notify a person to whom this Subdivision applies (other than a person who is not required to satisfy the activity test) who is receiving special benefit that the person must take reasonable steps to apply for a particular number of advertised job vacancies in the period specified in the notice.
731A(3) If the person refuses or fails to comply with a notice issued under subsection (2), the person fails to satisfy the activity test in respect of the period specified in the notice.
731A(4) The person must give the Secretary a written statement from each employer whose job vacancy the person applied for that confirms that the person applied for that job vacancy.
731A(5) The statement from the employer must be in a form approved by the Secretary.
731A(6) Subsection (4) does not apply to the person if the Secretary is satisfied that there are special circumstances in which it is not reasonable to expect the person to give the statement referred to in that subsection.
731A(7) A person to whom this Subdivision applies also satisfies the activity test in respect of a period, whether it is the period of the grant of special benefit or a period within that period, if:
(a) the Secretary is of the opinion that, throughout the period, the person:
(i) should undertake particular paid work other than unsuitable paid work within the meaning of section 731B; or
(ii) should participate in an approved program of work for income support payment; or
(iii) should undertake a course of vocational or language training or another course, being a course approved by the Secretary as a course likely to improve the person’s prospects for obtaining, or assist the person in seeking, suitable paid work; or
(iv) if the person lives in an area where there is no locally accessible labour market and no locally accessible vocational training course—should participate in an activity suggested by the person and approved by the Secretary; and
(b) the Secretary notifies the person that the person is required to act in accordance with the opinion; and
(c) the person takes reasonable steps to comply, throughout the period, with the Secretary’s requirement.
731A(8) For the purposes of paragraph (7)(b), the Secretary must not notify the person that the person is required to participate in an approved program of work for income support payment if:
(a) the person has not turned 18; or
(b) the person or the person’s partner has income; or
(c) in the Secretary’s opinion:
(i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or
(ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or
(d) the person is at least 50 years of age.
731A(9) If, after the Secretary has notified the person that the person is required to participate in an approved program of work for income support payment, the Secretary:
(a) is satisfied that the person is a person to whom paragraph (8)(b) applies; or
(b) forms the opinion that subparagraph (8)(c)(i) or (ii) applies in relation to the performance of that work by the person;
the Secretary may, by notice in writing given to the person, inform the person that the requirement to participate in the program is revoked and, upon his or her so doing, the requirement is taken to have been revoked with effect from the day of that notification.
731A(10) If the person to whom this Subdivision applies fails to take reasonable steps to comply, throughout a period, with a requirement of the Secretary under subsection (7), the person cannot be taken to satisfy the activity test in respect of that period in spite of any compliance of the person with subsection (1).
731A(11) A person to whom this Subdivision applies also satisfies the activity test in respect of a period if, throughout the period, the person is taking reasonable steps to comply with the terms of a Special Benefit Activity Agreement between the Secretary and the person.
731A(12) If a person to whom this Subdivision applies fails to take reasonable steps to comply, throughout a period, with the terms of a Special Benefit Activity Agreement between the Secretary and the person, the person cannot be taken to satisfy the activity test in respect of the period in spite of any compliance of the person with subsection (1).
731A(13) For the purposes of this section, a person to whom this Subdivision applies takes reasonable steps to comply with a notice under subsection (2), with a requirement of the Secretary under subsection (7), or with the terms of a Special Benefit Activity Agreement, as the case requires, unless the person has failed so to comply and:
(a) the main reason for failing to comply involved a matter that was within the person’s control; or
(b) the circumstances that prevented the person from complying were reasonably foreseeable by the person.
731B Meaning of unsuitable work for the purposes of the activity test
731B(1) For the purposes of subsection 731A(1) and subparagraph 731A(7)(a)(i), particular paid work is unsuitable paid work in respect of a person if and only if, in the Secretary’s opinion:
(a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or
(b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or
(c) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or
(d) the work would involve the person being self‑employed; or
(e) the work would be covered by the Australian Fair Pay and Conditions Standard, but the terms and conditions for the work would be less generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or
(f) the work would not be covered by the Australian Fair Pay and Conditions Standard, but, if it were so covered, the terms and conditions for the work would be less generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or
(g) commuting between the person’s home and the place of work would be unreasonably difficult; or
(h) the work requires the person to move from a home in a place to a home in another place; or
(i) for any other reason, the work is unsuitable for the person.
731B(2) If:
(a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and
(b) the person is offered permanent full‑time work (whether or not work of the kind sought) in the new area;
the work offered is not unsuitable work in respect of the person because of paragraph (1)(g) or (h) unless:
(c) the person is under the age of 18 or over the age of 50; or
(d) the person or the person’s partner is pregnant; or
(e) the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or
(f) the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person’s partner; or
(g) the person or the person’s partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or
(h) the person or the person’s partner has significant caring responsibilities in the old area; or
(i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or
(j) it is more appropriate for the person to participate in education or training than to accept the offer; or
(k) the person would suffer severe financial hardship if the person were to accept the offer.
731B(3) A person who, when seeking employment through an employment service provider, represents to the provider that he or she is willing to undertake work outside the area in which the person’s home is situated is taken, for the purposes of subsection (2), to seek work outside the area at the time when the representation is made.
731B(4) Subsection (3) does not affect what would otherwise constitute a circumstance of a person seeking work outside the area in which the person’s home is situated.
731B(5) Commuting is not unreasonably difficult for the purposes of paragraph (1)(g) if:
(a) the sole or principal reason for the difficulty is that the commuting involves a journey, either from the person’s home to the place of work or from the place of work to the person’s home, that does not normally exceed 90 minutes in duration; or
(b) in the Secretary’s opinion, a substantial number of people living in the same area as the person regularly commute to their places of work in circumstances similar to those of the person.
731B(6) Subsection (5) does not limit the Secretary’s discretion to form the opinion that, for the purposes of paragraph (1)(g), commuting is not unreasonably difficult.
731B(7) A reference in paragraph (1)(f) to remuneration for work is a reference to any income derived from the work that is income from personal exertion.
731C Certain actions taken to constitute failure to satisfy activity test
731C(1) If a person who is subject to the activity test in respect of a period refuses or fails, without reasonable excuse, to attend a job interview, the person is taken to have failed to satisfy the activity test.
731C(2) If a person who is subject to the activity test in respect of a period fails, without reasonable excuse:
(a) to commence, or to complete, an approved program of work for income support payment that the person is required to undertake; or
(b) to comply with the conditions of such a program;
the person is taken to have failed to satisfy the activity test.
731D Persons in certain areas can be taken to comply with activity test
If the Secretary considers that:
(a) it would be reasonable to assume that:
(i) a person to whom this Subdivision applies is present in an area described in subparagraph 731A(7)(a)(iv) at the end of a period; and
(ii) throughout the period, the person is capable of undertaking, and willing to undertake, paid work that in the Secretary’s opinion is suitable to be undertaken by the person; and
(b) having regard to all the relevant factors, including:
(i) the location of offices of the Department; and
(ii) difficulties with transport and communication; and
(iii) the educational and cultural background of the person;
it would be unreasonable to expect the person to comply with the activity test in order to be qualified for special benefit for that period;
then, unless the person has been notified of a requirement under subsection 731A(7) in relation to the period, the person is taken to satisfy the activity test during that period.
731E Relief from activity test—special circumstances
731E(1) Subject to subsections (2) and (3), a person to whom this Subdivision applies is not required to satisfy the activity test for a period if:
(a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and
(b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the activity test for that period.
731E(2) The period referred to in subsection (1) is not to exceed 13 weeks.
731E(3) If:
(a) the Secretary makes a number of determinations under subsection (1); and
(b) the periods to which the determinations relate form a continuous period;
the continuous period is not to exceed 13 weeks unless the Secretary determines otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding determination was based.
731F Relief from activity test—pre‑natal and post‑natal
731F(1) A pregnant woman is not required to satisfy the activity test for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
731F(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is not required to satisfy the activity test for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
731G Relief from activity test—people engaged in voluntary work
731G(1) Subject to subsection (3), a person to whom this Subdivision applies who has reached 50 years is taken to satisfy the activity test in respect of each period of 2 weeks while the person is receiving special benefit (the relevant period) if the person:
(a) is engaged in approved full‑time unpaid voluntary work for an approved organisation for at least 32 hours in the relevant period; or
(b) is engaged, for at least 40 hours in the relevant period, in a combination of:
(i) approved unpaid voluntary work for an approved organisation; and
(ii) suitable paid work for another person.
731G(2) Subject to subsection (3), a person to whom this Subdivision applies who:
(a) is under 50 years; and
(b) has received special benefit in respect of a continuous period of at least 3 months but less than 12 months immediately before the start of a particular period of 2 weeks while the person is receiving special benefit (the relevant period);
is taken to satisfy the activity test in respect of that relevant period if:
(c) the person is engaged in approved full‑time unpaid voluntary work for an approved organisation for at least 32 hours in the relevant period; and
(d) the relevant period occurs during the 12 months after the person commenced receiving special benefit; and
(e) the person has not already undertaken more than 12 weeks approved full‑time unpaid voluntary work (whether continuous or not) with one or more approved organisations during the 12 months referred to in paragraph (d).
731G(3) Neither subsection (1) nor (2) applies to a person in respect of a day in a relevant period if, having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that the subsection is not to apply to the person in respect of that day.
731G(4) In this section:
approved organisation is an organisation that has been approved by the Secretary for the purposes of this section.
approved voluntary unpaid work, either full‑time or otherwise, is work that has been approved by the Secretary for the purposes of this section.
731H Relief from activity test—dependent child
731H(1) A person is taken to satisfy the activity test in respect of a period when the person has at least one child who:
(a) is a dependent child of the person within the meaning of subsection 5(2) as qualified by subsections 5(3) and (6); and
(b) has not turned 16; and
(c) is in Australia.
731H(2) For the purposes of subsection (1), a child can be a dependent child of only one person at a time.
731H(3) If the Secretary is satisfied that, but for subsection (2), a child would be a dependent child of 2 or more persons (adults), the Secretary must determine in relation to which of those adults the child is a dependent child.
731J Relief from activity test—carers
731J(1) A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:
(a) the person meets the qualification conditions for a carer payment set out in subsections 198(2), (3), (8) and (9); or
(b) the person is participating in the care in hospital of another person (the hospitalised person), whether that other person is a disabled adult, a profoundly disabled child, a disabled child or a dependent child of a disabled adult; and
(i) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer payment set out in subsections 198(2), (3), (8) and (9) for the hospitalised person or for the hospitalised person and another person or persons; and
(ii) either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.
731J(2) However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (1)(b) must not exceed:
(a) 63 days in any calendar year; or
(b) another period that the Secretary, for any special reason in a particular case, decides to be appropriate.
731J(3) If subsection (1) (including any subsection of section 198 that is applied under that subsection) uses a term that is defined for the purposes of section 198, it has the same meaning in subsection (1) as it has for the purposes of that section.
731J(4) A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:
(a) the person meets the qualification conditions for carer allowance set out in section 953 as modified by subsection (5); or
(b) the person meets the qualification conditions for carer allowance set out in section 954 as modified by subsection (5); or
(ba) the person meets the qualification conditions for carer allowance set out in section 954A as modified by subsection (5); or
(c) the person is participating in the care in hospital of another person (the hospitalised person), whether that other person is a disabled child or a disabled adult, and:
(i) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer allowance set out in section 953 or 954 as so modified, whichever is appropriate, for the hospitalised person, or set out in both of sections 953 and 954 as so modified, for the hospitalised person and another person or persons; and
(ii) either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.
731J(5) In this section:
(a) a reference to section 953 as modified by this subsection is a reference to section 953, subject to:
(i) the substitution of a requirement that care receivers be in Australia for the requirement in paragraphs 953(1)(b) and (2)(b); and
(ii) the omission of paragraphs 953(1)(f) and (2)(f); and
(b) a reference to section 954 as modified by this subsection is a reference to section 954, subject to:
(i) the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954(1)(a); and
(ii) the omission of paragraph 954(1)(f); and
(c) a reference to section 954A as modified by this subsection is a reference to section 954A, subject to:
(i) the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954A(1)(a); and
(ii) the omission of paragraph 954A(1)(e).
731J(6) However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (4)(c) must not exceed:
(a) 63 days in any calendar year; or
(b) another period that the Secretary, for any special reason in a particular case, decides to be appropriate.
731J(7) If subsection (4) (including one or more of sections 953, 954 and 954A as modified by subsection (5) and applied under subsection (4)) uses a term that is defined for the purposes of one or more of sections 953, 954 and 954A, that term has the same meaning in subsection (4) as it has for the purposes of one or more of those sections.
731JA Relief from activity test—grant of temporary protection, humanitarian or safe haven visa
A person to whom this Subdivision applies is not required to satisfy the activity test in respect of the period of 13 weeks commencing the day after the day on which the person is granted a visa included in a class of visas that is issued for temporary protection, humanitarian or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies.
731K Temporarily incapacitated person not required to satisfy activity test
731K(1) A person to whom this Subdivision applies is not required to satisfy the activity test in respect of a period if:
(a) throughout the period the person is incapacitated for work because of sickness or an accident; and
(b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and
(c) the incapacity is, or is likely to be, of a temporary nature; and
(d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:
(i) the medical practitioner’s diagnosis; and
(ii) the medical practitioner’s prognosis; and
(iii) that the person is incapacitated for work; and
(iv) the period for which the person is incapacitated for work; and
(e) the Secretary is satisfied that the incapacity has not been brought about with a view to avoiding any requirement to satisfy the activity test.
731K(2) In this section:
work, in relation to a person, means work (whether full‑time, part‑time, permanent or casual) that:
(a) is of a kind that the person could, in the Secretary’s opinion, be reasonably expected to do; and
(b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
Subdivision AB—Special Benefit Activity Agreements for persons who are nominated visa holders
731L Special Benefit Activity Agreements—requirement to enter
731L(1) Subject to this section, if a person who is a nominated visa holder:
(a) has made a claim for special benefit; or
(b) is in receipt of special benefit;
the Secretary may require the person to enter into a Special Benefit Activity Agreement.
731L(2) Subject to this section, the Secretary may require a person who has entered into a Special Benefit Activity Agreement to enter into another such agreement instead of the existing one.
731L(3) Subsections (1) and (2) do not apply to a person who, under section 731E, 731F, 731JA or 731K, is not required to satisfy the activity test.
731L(4) The Secretary is to give a person who is required to enter into a Special Benefit Activity Agreement notice of:
(a) the requirement; and
(b) the places and times at which the agreement is to be negotiated.
731L(5) A Special Benefit Activity Agreement is a written agreement in a form approved by the Secretary. The agreement is between the person and the Secretary.
731M Special Benefit Activity Agreements—terms
731M(1) A Special Benefit Activity Agreement with a person who is a nominated visa holder is to require the person to undertake one or more of the following activities approved by the Secretary:
(a) a job search;
(b) a vocational training course;
(c) training that would help in searching for work;
(d) paid work experience;
(e) measures designed to eliminate or reduce any disadvantage the person has in the labour market;
(f) subject to subsection (2), an approved program of work for income support payment;
(g) another activity that the Secretary regards as suitable for the person and that is agreed between the person and the Secretary.
731M(1AA) If the person is at least 50 years of age but less than 60 years of age, the particular number of job vacancies shall not exceed 24 per 12 weeks in the period specified in the notice.
731M(1AB) If the person is at least 60 years of age, the particular number of job vacancies shall not exceed 12 per 12 weeks in the period specified in the notice.
731M(1AC) Subsection (1AA) does not apply unless the person has been receiving an income support payment for a continuous period of at least 9 months and the person satisfies the Secretary that the person has no recent workforce experience.
731M(1A) The Secretary is not to require a person to undertake any activity referred to in subsection (1) other than a vocational training course that is an approved program unless the Secretary is satisfied that the person could be reasonably expected to undertake such an activity.
731M(1B) For the purposes of subsection (1), an approved program means a literacy, language or numeracy program approved by the Secretary.
731M(2) An agreement must not require the person concerned to participate in an approved program of work for income support payment if:
(a) the person has not turned 18; or
(b) the person or the person’s partner has income; or
(c) in the Secretary’s opinion:
(i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or
(ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety.
731M(3) The terms of an agreement, which include the specification of the activities that the person is to be required to undertake, are to be approved by the Secretary.
731M(4) In considering whether to approve the terms of an agreement with a person who is a nominated visa holder, the Secretary is to have regard to the person’s capacity to comply with the proposed agreement and the person’s needs.
731M(5) In having regard to a person’s capacity to comply with an agreement, the Secretary is to take into account, but is not limited to, the following matters:
(a) the person’s education, experience, skills, age, disability, illness, and mental and physical condition;
(b) the state of the local labour market and the transport options available to the person in accessing that market;
(c) the participation opportunities available to the person;
(d) the family and caring responsibilities of the person;
(e) the length of travel time required for compliance with the agreement, by reference to what constitutes unreasonably difficult commuting for the purposes of paragraph 731B(1)(g);
(f) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance;
(g) any other matters that the Secretary or the person considers relevant in the circumstances.
731M(6) An agreement with a person:
(a) may be varied (in negotiation with the person) or suspended; and
(b) if another Special Benefit Activity Agreement is made with the person—may be cancelled; and
(c) may be reviewed from time to time at the request of either party to the agreement; and
(d) may be cancelled by the Secretary after a review under paragraph (c).
731M(6A) Within 14 days of the day of the agreement being approved, those terms may be varied by the person with the approval of the Secretary.
731M(6B) The Secretary must advise the person in writing of the effect of subsection (6A).
731M(6C) To avoid doubt, subsection (6A) does not prevent the person at any time from requesting a review of an agreement under paragraph (6)(c).
731M(7) A person who is a party to an agreement is to notify the Secretary of any circumstances preventing or affecting the person’s compliance with the agreement.
731N Special Benefit Activity Agreements—failure to negotiate
731N(1) If:
(a) a person who is a nominated visa holder has been given notice under subsection 731L(4) of a requirement to enter into a Special Benefit Activity Agreement; and
(b) because the person did not:
(i) attend the negotiation of the agreement; or
(ii) respond to correspondence about the agreement; or
(iii) agree to the reasonable terms of the agreement proposed by the Secretary;
or for any other reason, the Secretary is satisfied that the person is unreasonably delaying entering into the agreement;
then:
(c) the Secretary may give the person notice that the person is being taken to have failed to enter into the agreement; and
(d) if the notice is given—the person is taken to have so failed.
731N(2) A notice under paragraph (1)(c) must:
(a) be in writing; and
(b) set out the reasons for the decision to give the notice; and
(c) include a statement describing the rights of the person to apply for a review of the decision.
732 Special benefit not payable if benefit rate nil
732(1) Subject to subsection (2), special benefit is not payable to a person if the person’s special benefit rate would be nil.
732(2) Subsection (1) does not apply to a person if the person’s special benefit rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) the social security law; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements Act.
733(1) A special benefit is not payable to a person if:
(a) the person is not excluded from the special benefit assets test; and
(b) the value of the person’s assets exceeds the person’s assets value limit.
733(2) A person is excluded from the special benefit assets test if the person:
(a) has not turned 18; and
(b) is not independent within the meaning of section 1067A.
733(3) A person’s assets value limit is worked out using the following table: work out which family situation applies to the person; the assets value limit is the corresponding amount in the assets value limit column.
Assets value limit table | |||
Column 1 | Column 2 | Column 3 Assets value limit | |
Item | Person’s family situation | Column 3A Either person or partner homeowner | Column 3B Neither person nor partner homeowner |
1. | Not member of a couple | $110,750 | $190,250 |
2. | Partnered (partner getting neither pension nor benefit) | $157,500 | $237,000 |
3. | Partnered (partner getting pension or benefit) | $78,750 | $118,500 |
Note 1: for member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.
Note 2: for homeowner see section 11.
Note 3: if item 2 applies to a person, the value of all the assets of the person’s partner is to be taken as being included in the value of the person’s assets (see subsection 734(1)—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 734(2)).
Note 4: if a special benefit is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).
Note 5: the assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).
Note 6: the assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).
Note 7: the item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).
734 Value of assets of members of couples
734(1) If:
(a) the person is a member of a couple; and
(b) the person’s partner:
(i) is not in receipt of a social security, service pension or income support supplement; and
(ii) is not in receipt of a social security benefit;
the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.
Note: For social security pension see subsection 23(1).
734(2) If:
(a) the person is a member of a couple; and
(b) the person’s partner is in receipt of:
(i) a social security, service pension or income support supplement; or
(ii) a social security benefit;
the following provisions have effect:
(c) the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and
(d) the value of the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of assets of that kind of the person’s partner.
735 Multiple entitlement exclusion
735(1) Special benefit is not payable to a person if the person is already receiving a service pension or income support supplement.
735(2) If:
(a) a person is receiving special benefit; and
(b) a social security pension, another social security benefit, service pension or income support supplement becomes payable to the person;
the special benefit is not payable to the person.
Note 1: another payment type will generally not become payable to the person until the person claims it.
Note 2: For social security pension and social security benefit see subsection 23(1).
735(3) Special benefit is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;
unless:
(c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and
(d) before 1 November 1986 the woman was also receiving a social security benefit.
Note: for armed services widow see subsection 4(1).
735(4) Special benefit is not payable to a man if:
(a) the man is an armed services widower; and
(b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: for armed services widower see subsection 4(1).
735(5) Special benefit is not payable to a person if:
(a) the person is an armed services widow or an armed services widower; and
(b) the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and armed services widower see subsection 4(1).
Note 2: For MRCA see subsection 23(1).
736 Secretary may require certain persons to attend courses or undertake work
736(1) If:
(a) a person, other than a person who is a nominated visa holder, is receiving, or has lodged a claim for, special benefit; and
(b) the Secretary is of the opinion that the person should:
(i) undertake a course of vocational training; or
(ii) undertake a course:
(A) which the person could reasonably undertake; and
(B) to which the person has been referred by the Secretary; or
(iii) do any work suitable to be done by the person; and
(c) the Secretary notifies the person that the person is required to:
(i) undertake that course; or
(ii) do that work; and
(d) the person does not take reasonable steps to comply with the Secretary’s requirements;
special benefit is not payable to the person for a period determined by the Secretary.
736(2) The Secretary may determine that special benefit is payable for a period for which he or she had previously determined that it was not payable under subsection (1) if, within a reasonable period, the person takes reasonable steps to comply with the Secretary’s requirements.
737(1) Subject to subsection (3), a special benefit is not payable to a person:
(a) who has turned 18; or
(b) who satisfies both of the following:
(i) the person has not turned 16; and
(ii) the person is not a SPB homeless person;
if the person is enrolled in a full‑time course of education or of vocational training.
Note: for SPB homeless person see section 739.
Period for which benefit not payable
737(2) The period for which a special benefit is not payable under subsection (1) is the period that:
(a) starts when the person starts the course; and
(b) finishes when the person:
(i) completes the course; or
(ii) abandons the course; or
(iii) gives notice to the provider of the course that the person:
(A) wishes to withdraw from the course; or
(B) wishes to withdraw from such number of subjects that the person’s course will no longer be a full‑time course; and
(c) includes periods of vacation.
Subsection (1) does not apply in certain cases
737(3) Subsection (1) does not prevent a special benefit from being payable for any period during which:
(a) a person is enrolled in a course of study that the Secretary has required the person to undertake under section 731A or 736; or
(b) the person is engaged in a course undertaken under a Special Benefit Activity Agreement; or
(c) the person has deferred a course of education.
738 Payments under certain education schemes
738(1) Subject to subsections (2) and (3), a special benefit is not payable to a person:
(a) who has turned 18; or
(b) who satisfies both of the following:
(i) the person has not turned 16;
(ii) the person is not a SPB homeless person;
if a payment has been made or may be made in respect of the person for the same period under:
(c) a prescribed educational scheme other than the ABSTUDY scheme to the extent that it applies to part‑time students; or
(d) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or
(e) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or
(f) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full‑time students.
Note 1: for prescribed educational scheme see section 5.
Note 2: for SPB homeless person see section 739.
738(2) If:
(a) a person may start a course of education on a full‑time basis; and
(b) a payment under a scheme referred to in subsection (1) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (1), a special benefit is payable to the person for a period before the person starts the course.
738(3) If:
(a) a person enrols in a full‑time course of education; and
(b) an application is made for a payment in respect of the person under:
(ii) the ABSTUDY Schooling scheme; or
(iii) the ABSTUDY Tertiary scheme; and
(c) the person was receiving special benefit immediately before the start of the course;
the Secretary may decide that, in spite of subsection (1), special benefit is payable to the person for the period of 3 weeks commencing on the day on which the course starts.
For the purposes of subparagraphs 737(1)(b)(ii) and 738(1)(b)(ii), a person is an SPB homeless person if:
(a) the person is not a member of a couple; and
(b) the person does not have a dependent child; and
(c) the person does not live at a home of the parents, or of a parent, of the person because:
(i) the parents are not, or neither parent is, prepared to allow the person to live at such a home; or
(ii) domestic violence, incestuous harassment or other such exceptional circumstances make it unreasonable to expect the person to live at such a home; and
(d) the person is not receiving continuous support, whether directly or indirectly and whether pecuniary or otherwise, from a parent of the person or from another person who is acting as the person’s guardian on a long‑term basis; and
(e) the person is not receiving, on a continuous basis, any payment in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.
739A Newly arrived resident’s waiting period
739A(1) Subject to this section, a person who, on or after the commencement of this subsection:
(a) enters Australia; or
(b) becomes the holder of a permanent visa; or
(e) becomes the holder of a visa that is in a class of visas determined by the Minister for the purposes of this paragraph;
is subject to a newly arrived resident’s waiting period.
739A(2) Subject to this section, if, immediately before the commencement of this subsection, a person was the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subsection, the person is subject to a newly arrived resident’s waiting period.
739A(3) If:
(a) a person is subject to a newly arrived resident’s waiting period; and
(b) before, on or after the commencement of this subsection, the person applies for a visa that is in a class of visas determined by the Minister for the purposes of this paragraph;
the waiting period:
(c) starts on the day on which the person applied for that visa; and
(d) ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
739A(4) If:
(a) a person is subject to a newly arrived resident’s waiting period; and
(b) before, on or after the commencement of this subsection, the person was the holder of a visa that is in a class of visas determined by the Minister for the purposes of this paragraph;
the period:
(c) starts on the day on which the person applied for that visa; and
(d) ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
739A(5) If:
(a) a person is subject to a newly arrived resident’s waiting period; and
(b) neither subsection (3) nor (4) apply to the person;
the waiting period starts on the day on which the person:
(c) first entered Australia; or
(d) becomes the holder of a permanent visa;
whichever occurs last, and ends on the day after the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
739A(6) Neither subsection (1) nor (2) applies to a person if the person holds, or was the former holder of, a visa in a class of visas determined by the Minister for the purposes of this subsection.
739A(7) Neither subsection (1) nor (2) apply to a person if the person, in the Secretary’s opinion, has suffered a substantial change in circumstances beyond the person’s control.
Note: For permanent visa see subsection 7(1).
739A(8) A determination under paragraph (1)(e), subsection (2), paragraph (3)(b), paragraph (4)(b) or subsection (6) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
739B Secretary to act in accordance with guidelines
The Secretary must exercise the powers under subsection 739A(7), in accordance with guidelines from time to time in force under subsection 739C(1).
739C Guidelines for exercise of Secretary’s powers under subsection 739A(7)
739C(1) The Minister, by determination in writing:
(a) is to set guidelines for the exercise of the Secretary’s powers under subsection 739A(7); and
(b) may revoke or vary those guidelines.
739C(2) A determination made under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subdivision C—Activity test breaches
740 Activity test penalties for failure to satisfy activity test
740(1) If a person who is a nominated visa holder fails to satisfy the activity test (the failure), special benefit is not payable to the person.
740(2) If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:
(a) if the failure is the person’s first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or
(b) if the failure is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non‑payment period applies to the person.
741 Activity test penalties for failure to enter Special Benefit Activity Agreement
741(1) If:
(a) a person is required to enter into a Special Benefit Activity Agreement in order to qualify, or to continue to qualify, for special benefit; and
(b) the person fails to enter into a Special Benefit Activity Agreement (the failure);
special benefit is not payable to the person because of the failure.
741(2) If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:
(a) if the failure is the person’s first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or
(b) if the failure is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non‑payment period applies to the person.
742 Activity test penalties for failure to comply with Special Benefit Activity Agreement
742(1) If:
(a) a person is required to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement in order to qualify, or to continue to qualify, for special benefit; and
(b) the person fails to take reasonable steps to comply with the terms of the Special Benefit Activity Agreement (the failure);
special benefit is not payable to the person because of the failure.
742(2) If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:
(a) if the failure is the person’s first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or
(b) if the failure is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non‑payment period applies to the person.
743 Unemployment due to voluntary act
If:
(a) the Secretary is satisfied that a person who is a nominated visa holder is unable to earn a sufficient livelihood for the person and the person’s dependants (if any) because the person is unemployed; and
(b) a person’s unemployment is due, either directly or indirectly, to a voluntary act of the person (the voluntary act); and
(c) the Secretary is not satisfied that the person’s voluntary act was reasonable;
then:
(d) if the voluntary act is the person’s first or second activity test breach in the 2 years immediately before the day after the voluntary act—an activity test breach rate reduction period applies to the person; or
(e) if the voluntary act is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the voluntary act—an activity test non‑payment period applies to the person.
744 Unemployment due to misconduct
If:
(a) the Secretary is satisfied that a person who is a nominated visa holder is unable to earn a sufficient livelihood for the person and the person’s dependants (if any) because the person is unemployed; and
(b) the person’s unemployment is due to the person’s misconduct as a worker (the misconduct);
then:
(c) if the misconduct is the person’s first or second activity test breach in the 2 years immediately before the day after the misconduct—an activity test breach rate reduction period applies to the person; or
(d) if the misconduct is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the misconduct—an activity test non‑payment period applies to the person.
745(1) If a person who is a nominated visa holder has refused or failed, without reasonable excuse, to accept a suitable offer of employment (the failure), special benefit is not payable to the person.
745(2) If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:
(a) if the failure is the person’s first or second activity test breach in the 2 years immediately before the day after the failure—an activity test breach rate reduction period applies to the person; or
(b) if the failure is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure—an activity test non‑payment period applies to the person.
745A Failure to provide information etc.
745A(1) If a person who is a nominated visa holder:
(a) refuses or fails, without reasonable excuse, to provide information in relation to a person’s income from remunerative work (the failure); or
(b) knowingly or recklessly provides false or misleading information in relation to the person’s income from remunerative work (the provision of information);
when required to do so under a provision of the Administration Act, special benefit is not payable to the person.
745A(2) If special benefit becomes payable to the person after the time it ceases to be payable under subsection (1), then:
(a) if the failure or the provision of information is the person’s first or second activity test breach in the 2 years immediately before the day after the failure or the provision of information—an activity test breach rate reduction period applies to the person; or
(b) if the failure or the provision of information is the person’s third or subsequent activity test breach in the 2 years immediately before the day after the failure or the provision of information—an activity test non‑payment period applies to the person.
745B Activity test non‑payment periods
745B(1) If an activity test non‑payment period applies to a person under this Part, the period applicable to the person is 8 weeks.
745B(2) If:
(a) special benefit becomes not payable to a person because of:
(i) a failure to enter into a Special Benefit Activity Agreement; or
(ii) an unreasonable delay in entering into a Special Benefit Activity Agreement; or
(iii) a failure to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement; and
(b) the person is at least 50 years of age at the time of the activity test breach referred to in paragraph (a); and
(c) the Secretary is satisfied that, not more than 8 weeks after the start of the activity test non‑payment period applicable to the person by reason of the breach referred to in paragraph (a), the person:
(i) has entered into such a Special Benefit Activity Agreement; or
(ii) is no longer unreasonably delaying entering into such a Special Benefit Activity Agreement; or
(iii) is taking reasonable steps to comply, or to resume compliance, with the terms of the Special Benefit Activity Agreement that is in force in respect of the person or if there is no Special Benefit Activity Agreement in force in respect of the person, with the terms of the Special Benefit Activity Agreement that was in force in respect of the person immediately before the commencement of the non‑payment period;
as the case requires;
this Act has effect, for the purpose only of determining the payability of special benefit during the balance of the non‑payment period, as if the non‑payment period had never applied.
745B(3) A determination that a person has commenced to take reasonable steps as referred to in paragraph (2)(c) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or at a later date.
745C Commencement of activity test non‑payment periods
745C(1) Subject to section 745D, if an activity test non‑payment period applies to a person under this Part, the Secretary must give to the person a written notice informing the person of the commencement of the activity test non‑payment period applicable to the person.
745C(2) Subject to subsection (4) of this section and to section 745D, the activity test non‑payment period starts on the 14th day after the day on which the notice is given to the person.
745C(3) If, at the time of the commencement of an activity test non‑payment period under this section, the person is already subject to an activity test non‑payment period (the pre‑existing non‑payment period), the pre‑existing non‑payment period is taken to end immediately before the commencement of the first‑mentioned activity test non‑payment period.
745C(4) Subject to section 745D, if:
(a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, special benefit ceases to be payable to the person; and
(b) it has not ceased to be payable because of the application of an activity test non‑payment period;
the activity test non‑payment period referred to in subsection (1) commences on the day on which the special benefit ceases to be payable to the person.
745D Application of activity test non‑payment periods before claims for special benefit
745D(1) If:
(a) at a time when the person was not qualified for special benefit, an event occurred that would have resulted in an activity test non‑payment period applying to the person under section 743 or 744 had the person made a claim for special benefit; and
(b) before the end of that period (assuming that the period had commenced on the day on which the event occurred), the person made a claim for special benefit;
the activity test non‑payment period is taken to have commenced on the day after the day on which the event occurred.
745D(2) If:
(a) at a time when the person was not qualified for special benefit, an event occurred that would have resulted in an activity test non‑payment period applying to the person under section 743 or 744 had the person made a claim for special benefit; and
(b) the person made a claim for special benefit after the end of that period (assuming that the period had commenced on the day on which the event occurred);
then:
(c) the activity test non‑payment period is taken to have commenced and to have ended before the claim was made; and
(d) the Secretary is not obliged to give the person a written notice under subsection 745C(1) in respect of the activity test non‑payment period.
745E Activity test non‑payment periods—interaction with activity test breach rate reduction periods
745E(1) This section applies if, under this Part:
(a) an activity test non‑payment period applies to a person; and
(b) during the whole or part of that period, the whole or part of an activity test breach rate reduction period also applies to the person (the overlap period).
745E(2) Subject to subsection (4), if this section applies, the activity test non‑payment period and the activity test breach rate reduction period are to run concurrently during the overlap period.
745E(3) If this section applies, then only the non‑payment restriction relating to the activity test non‑payment period is to apply to the person during the overlap period.
745E(4) If, at the time of the commencement of an activity test non‑payment period under this Part, the person is already subject to an activity test breach rate reduction period (the pre‑existing reduction period), the pre‑existing reduction period is taken to end immediately before the commencement of the activity test non‑payment period under this Part.
745F Effect of sections 745C and 745D
For the avoidance of doubt, sections 745C and 745D do not prevent special benefit ceasing to be payable in circumstances that do not involve the application of an activity test non‑payment period under this Part.
If, but for this section, an event would result in an activity test penalty period and an administrative breach rate reduction period both applying to a person under this Act, only the provision imposing the activity test penalty period is to apply to the person.
If a person who is a nominated visa holder refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 64, 67, 68 or 192 of the Administration Act:
(a) special benefit is not payable to the person; and
(b) if, at a later time, special benefit becomes payable to the person—an administrative breach rate reduction period worked out under section 752 applies to the person.
For the purposes of this Subdivision:
activity test penalty period, in relation to a person who is a nominated visa holder, means a period during which special benefit that would otherwise be payable to the person is payable at a reduced rate, or is not payable, because of the operation of section 740, 741, 742, 743, 744, 745 or 745A in relation to an act or omission of the person.
administrative penalty period, in relation to a person who is a nominated visa holder, means a period during which special benefit that would otherwise be payable to the person is payable at a reduced rate because of the operation of section 745H of this Act, or subsection 63(5) of the Administration Act, in relation to an act or omission of the person.
penalty period means:
(a) activity test penalty period; or
(b) administrative penalty period.
745K(1) In spite of any provisions of this Act, if:
(a) a penalty period or a number of penalty periods apply to, or, but for this section, would apply to, a person who is a nominated visa holder; and
(b) the person commences to participate in an approved program of work for income support payment;
the penalty period or periods cease to apply to the person on and after that commencement.
745K(2) Subsection (1) has effect whether or not the person completes the participation in that program.
A person who is a nominated visa holder is not to be taken, by reason only of participation in an approved program of work for income support payment in accordance with a requirement of the Secretary under section 731A or with the terms of a Special Benefit Activity Agreement under section 731M, to be:
(a) an employee within the meaning of section 9 of the Occupational Health and Safety (Commonwealth Employment) Act 1991; or
(b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; or
(c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; or
(d) an employee for the purposes of the Workplace Relations Act 1996.
745M(1) This section applies if, at any time during the 6 months immediately before the day on which a person who is a nominated visa holder lodges a claim for special benefit, the person or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work within the meaning of subsection 16A(1).
745M(2) Special benefit is not payable to the person:
(a) if the person is subject to a seasonal work preclusion period within the meaning of subsection 16A(1) (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or
(b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
745M(3) If the Secretary is satisfied that a person is in severe financial hardship within the meaning of subsection 19C(2) or (3), whichever is appropriate, because the person has incurred unavoidable or reasonable expenditure within the meaning of subsection 19C(4) while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):
(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and
(b) the determination has effect accordingly.
745N Move to area of lower employment prospects
745N(1) Subject to subsection (3), if, in the opinion of the Secretary, a person who is a nominated visa holder has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, special benefit is not payable to the person for 26 weeks.
745N(2) Subsection (1) extends to a person who makes a claim for special benefit on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.
745N(3) If a person to whom special benefit is not payable under subsection (1) for a period of 26 weeks (including that subsection as it applies by virtue of subsection (2)) does either of the following during that period:
(a) moves back to the place of residence (the original place of residence) the movement from which resulted in special benefit not being payable to him or her;
(b) moves to another place of residence a movement to which from the original place of residence would not have resulted in special benefit not being payable to him or her;
the period of 26 weeks ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.
745N(4) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if and only if the person:
(a) moves to live with a family member who has already established his or her residence in that place of residence; or
(b) moves to live near a family member who has already established residence in the same area; or
(c) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a physical disease or illness suffered by the person or by a family member; or
(d) satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).
745N(5) The Secretary may determine in writing the day on which the period of non‑payment imposed by subsection (1) commences and that day may be before the day of the determination.
Division 4—Rate of special benefit
Subdivision A—Basic determination of special benefit
746(1) The rate of a person’s special benefit is the fortnightly rate determined by the Secretary in his or her discretion.
746(2) Subject to Part 2.24 (major disaster), the rate of a person’s special benefit is not to exceed the rate at which youth allowance, austudy payment or newstart allowance would be payable to the person if:
(a) the person were qualified for youth allowance, austudy payment or newstart allowance; and
(b) youth allowance, austudy payment or newstart allowance were payable to the person.
Note: for double payments in the case of a major disaster see Part 2.24.
Subdivision B—Approved program of work supplement
747 Approved program of work supplement for persons who are nominated visa holders
If a person who is a nominated visa holder:
(a) is receiving special benefit; and
(b) is participating in an approved program of work for income support payment;
the rate of the person’s special benefit is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program unless, during that fortnight, the person subsequently ceases to participate in the program in circumstances that constitute:
(c) a failure of the activity test to which the person is subject; or
(d) a failure to comply with the terms of a Special Benefit Activity Agreement to which the person is subject.
748 Activity test breach rate reduction periods in respect of persons who are nominated visa holders
748(1) If an activity test breach rate reduction period applies to a person under this Part, the period applicable to the person is 26 weeks.
748(1A) If:
(a) an activity test breach rate reduction period is applicable to a person because of an activity test breach other than:
(i) a breach for failing to take reasonable steps to comply with a requirement of the Secretary to undertake particular paid work as set out in a notice under subsection 731A(7); or
(ii) a breach of subsection 731C(1), of section 743, 744 or 745 or of paragraph 745A(1)(a); or
(iii) a breach of paragraph 745A(1)(b) where the Secretary is satisfied that the person has acted with an intention of obtaining a social security advantage; or
(iv) a breach because of a failure to take reasonable steps to comply with a job search requirement of a Special Benefit Activity Agreement as described in subsection (1C); and
(b) the activity test breach is the first activity test breach of any kind that is applicable to the person in the period of 2 years ending immediately before the day after the activity test breach; and
(c) the Secretary notifies the person, either orally or in writing, of an activity or activities that, if undertaken by the person, would satisfy the Secretary that the activity test breach rate reduction period should be modified in accordance with this subsection; and
(d) at the earliest opportunity available to the person but in no case later than 8 weeks after the start of the activity test breach rate reduction period applicable to the person, the person undertakes the activity or each of the activities;
the activity test breach rate reduction period applicable to the person is 8 weeks rather than 26 weeks.
748(1B) For the purposes of subparagraph (1A)(a)(iii), a person has an intention of obtaining a social security advantage if the person has an intention of:
(a) obtaining, or enabling the person to obtain, a social security payment that the person would not otherwise obtain; or
(b) obtaining, or enabling the person to obtain, a social security payment at a higher rate than that which would otherwise be payable; or
(c) ensuring that the person would be qualified for fringe benefits for the purposes of this Act or the Veterans’ Entitlements Act.
748(1C) For the purposes of subparagraph (1A)(a)(iv), a job search requirement of a Special Benefit Activity Agreement is a requirement that the person to whom the Agreement relates:
(a) undertake a certain number of job searches per fortnight; and
(b) keep a record of the person’s job searches in a document referred to in the agreement as a job seeker diary; and
(c) return the job seeker diary to the Department at the end of the period specified in the Agreement.
748(1D) If:
(a) under paragraph (1A)(c), the Secretary has notified a person of an activity or activities; and
(b) the person has not:
(i) undertaken the activity or any one or more of the activities referred to in paragraph (a); or
(ii) if another activity or other activities is notified to the person in substitution for the activity or activities so referred to (or for any previously substituted activity or activities)—undertaken that other activity or any one or more of those other activities;
before the end of 8 weeks after the start of the activity test breach rate reduction period applicable to the person; and
(c) the Secretary is satisfied that the failure to undertake the activity or any one or more of the activities referred to in paragraph (a) and any substituted activity or activities was for reasons outside the person’s control;
the Secretary may determine that the activity test breach rate reduction period applicable to the person is 8 weeks rather than 26 weeks.
748(2) If:
(a) special benefit becomes not payable to a person because of:
(i) a failure to enter into a Special Benefit Activity Agreement; or
(ii) an unreasonable delay in entering into a Special Benefit Activity Agreement; or
(iii) a failure to take reasonable steps to comply with the terms of a Special Benefit Activity Agreement; and
(b) the person is at least 50 years of age at the time of the activity test breach referred to in paragraph (a); and
(c) the Secretary is satisfied that, not more than 26 weeks after the start of the activity test rate reduction period applicable to the person by reason of the breach referred to in paragraph (a), the person:
(i) has entered into such a Special Benefit Activity Agreement; or
(ii) is no longer unreasonably delaying entering into such a Special Benefit Activity Agreement; or
(iii) is taking reasonable steps to comply, or to resume compliance, with the terms of a Special Benefit Activity Agreement that is in force in respect of the person or if there is no Special Benefit Activity Agreement in force in respect of the person, with the terms of the Special Benefit Activity Agreement that was in force in respect of the person immediately before the commencement of the non‑payment period;
as the case requires;
this Act has effect, for the purpose only of determining the payability of special benefit during the balance of the rate reduction period, as if the rate reduction period had never applied.
748(3) A determination that a person has commenced to take reasonable steps as referred to in subparagraph (2)(c)(iii) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or at a later date.
749(1) Subject to section 750, if an activity test breach rate reduction period applies to a person under this Part, the Secretary must give to the person a written notice informing the person of the commencement of the activity test breach rate reduction period applicable to the person.
749(2) Subject to subsection (4) of this section and to section 750, the activity test breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.
749(3) If, at the time of the commencement of an activity test breach rate reduction period under this section, the person is already subject to an activity test breach rate reduction period (the pre‑existing reduction period), the pre‑existing reduction period is taken to end immediately before the commencement of the first‑mentioned activity test breach rate reduction period.
749(4) Subject to section 750, if, on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, special benefit ceases to be payable to the person, the period commences on the day on which special benefit ceases to be payable to the person.
750 Application of activity test breach rate reduction periods before claims for special benefit
750(1) If:
(a) at a time when the person was not qualified for special benefit, an event occurred that would have resulted in an activity test breach rate reduction period applying to the person under section 743 or 744 had the person made a claim for special benefit; and
(b) before the end of that period (assuming that the period had commenced on the day on which the event occurred), the person made a claim for special benefit;
the activity test breach rate reduction period is taken to have commenced on the day after the day on which the event occurred.
750(2) If:
(a) at a time when the person was not qualified for special benefit, an event occurred that would have resulted in an activity test breach rate reduction period applying to the person under section 743 or 744 had the person made a claim for special benefit; and
(b) the person makes a claim for special benefit after the end of that period (assuming that the period had commenced on the day on which the event occurred);
then:
(c) the activity test breach rate reduction period is taken to have commenced and to have ended before the claim was made; and
(d) the Secretary is not obliged to give the person a written notice under subsection 749(1).
751 Rate of special benefit where activity test breach rate reduction period applies
751(1) If:
(a) an activity test breach rate reduction period applies to a person under this Part; and
(b) the person qualifies for special benefit; and
(c) special benefit is payable to the person;
the person’s rate of special benefit for the activity test breach rate reduction period is worked out as follows:
Special benefit rate calculator for activity test breach rate reduction period applying under this Part
This is how to work out a person’s rate of special benefit for an activity test breach rate reduction period that applies to the person under this Part.
Method statement
Step 1. Work out the person’s maximum payment rate, being:
(a) if the person has not turned 21—the amount that would be the person’s maximum basic rate if the Youth Allowance Rate Calculator applied to the person; and
(b) if the person has turned 21—the amount that would be the person’s maximum basic rate calculated under Table B of Module B of Benefit Rate Calculator B.
Step 2. Work out the rate reduction amount in accordance with subsection (2).
Step 3. Take the rate reduction amount away from the rate of special benefit determined by the Secretary under section 746:
the result (which may be a nil rate) is called the activity test breach reduced rate.
751(2) A person’s rate reduction amount is worked out as follows:
(a) if the activity test breach is the person’s first breach in the 2 year period:
(b) if the activity test breach is the person’s second breach in the 2 year period:
751(3) In this section:
2 year period means the 2 years immediately before the day after the activity test breach.
752(1) If an administrative breach rate reduction period applies to a person under this Part, the period applicable to the person is 13 weeks.
752(1A) If:
(a) an administrative breach rate reduction period is applicable to a person because the person has refused or failed, without reasonable excuse, to comply with a requirement made of the person under section 63, 64, 67, 68, 75 or 192 of the Administration Act; and
(b) the refusal or failure is the first refusal or failure in the period of 2 years ending immediately before the day after the refusal or failure; and
(c) the Secretary notifies the person, either orally or in writing, of an activity or activities that, if undertaken by the person, would satisfy the Secretary that the administrative breach rate reduction period should be modified in accordance with this subsection; and
(d) at the earliest opportunity available to the person but in no case later than 8 weeks after the start of the administrative breach rate reduction period applicable to the person, the person undertakes the activity or each of the activities;
the administrative breach rate reduction period applicable to the person is 8 weeks rather than 13 weeks.
752(1B) If:
(a) under paragraph (1A)(c), the Secretary has notified a person of an activity or activities; and
(b) the person has not:
(i) undertaken the activity or any one or more of the activities referred to in paragraph (a); or
(ii) if another activity or other activities is notified to the person in substitution for the activity or activities so referred to (or for any previously substituted activity or activities)—undertaken that other activity or any one or more of those other activities;
before the end of 8 weeks after the start of the administrative breach rate reduction period applicable to the person; and
(c) the Secretary is satisfied that the failure to undertake the activity or any one or more of the activities referred to in paragraph (a) and any substituted activity or activities was for reasons outside the person’s control;
the Secretary may determine that the administrative breach rate reduction period applicable to the person is 8 weeks rather than 13 weeks.
752(2) If:
(a) special benefit becomes not payable to a person because of a failure to comply with a requirement to attend a particular place for a particular purpose in accordance with a notice issued under paragraph 63(3)(c) of the Social Security (Administration) Act 1999; and
(b) the person is at least 50 years of age at the time of the administrative breach referred to in paragraph (a); and
(c) the Secretary is satisfied that, not more than 13 weeks after the start of the administrative breach rate reduction period applicable to the person by reason of the breach referred to in paragraph (a):
(i) the person attends that place for that purpose; or
(ii) the person complies with an alternative requirement that the Secretary notifies to the person (whether orally or in writing);
this Act has effect, for the purpose only of determining the payability of special benefit during the balance of the rate reduction period, as if the rate reduction period had never applied.
753(1) If an administrative breach rate reduction period applies to a person under this Part, the Secretary must give to the person a written notice informing the person of the commencement of the administrative breach rate reduction period applicable to the person.
753(2) Subject to subsection (4), the administrative breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.
753(3) If, at the time of the commencement of an administrative breach rate reduction period under this section, the person is already subject to an administrative breach rate reduction period (the pre‑existing reduction period), the pre‑existing reduction period is taken to end immediately before the commencement of the first‑mentioned administrative breach rate reduction period.
753(4) If:
(a) on or before the day on which the period referred to in subsection (1) would (apart from this subsection) have commenced, special benefit ceases to be payable to the person; and
(b) it has not ceased to be payable because of the application of an administrative breach rate reduction period;
the administrative breach rate reduction period referred to in subsection (1) commences on the day on which the special benefit ceases to be payable to the person.
754 Administrative breach rate reduction periods—interaction with activity test non‑payment periods
754(1) This section applies if, under this Part:
(a) an administrative breach rate reduction period applies to a person; and
(b) during the whole or part of that period, the whole or part of an activity test non‑payment period also applies to the person (the overlap period).
754(2) If this section applies, the activity test non‑payment period and the administrative breach rate reduction period are to run concurrently during the overlap period.
754(3) If this section applies, the non‑payment penalty relating to the activity test non‑payment period is to apply to the person during the overlap period.
755(1) This section applies if, under this Part:
(a) an administrative breach rate reduction period applies to a person; and
(b) during the whole or part of that period, the whole or part of an activity test breach rate reduction period also applies to the person (the overlap period).
755(2) If this section applies, the administrative breach rate reduction period and the activity test breach rate reduction period are to run concurrently during the overlap period.
755(3) If this section applies, then, subject to sections 745E and 751, only the higher of the percentage rate reduction amounts that relate to the activity test breach rate reduction period and the administrative breach rate reduction period respectively applies to the person during the overlap period.
756 Effect of sections 754 and 755
For the avoidance of doubt, sections 754 and 755 do not prevent special benefit ceasing to be payable in circumstances that do not involve the application of an administrative breach rate reduction period.
757 Administrative breach rate reduction period not to apply in certain circumstances
Despite any other provision of this Part, an administrative breach rate reduction period does not apply if:
(a) a person who is a nominated visa holder receives special benefit; and
(b) special benefit ceases to be payable to the person because of section 745H of this Act or subsection 63(5) of the Administration Act; and
(c) payment of special benefit is cancelled or automatically terminated; and
(d) the person lodges a claim for special benefit more than 14 days after the date of effect of the cancellation or automatic termination referred to in paragraph (c).
758 Rate of special benefit where administrative breach rate reduction applies
758(1) If:
(a) an administrative breach rate reduction period applies to a person under this Part; and
(b) the person qualifies for special benefit; and
(c) special benefit is payable to the person;
the person’s rate of special benefit for the administrative breach rate reduction period is worked out as follows:
Special benefit rate calculator for administrative breach rate reduction period
This is how to work out a person’s rate of special benefit for an administrative breach rate reduction period that applies to the person.
Method statement
Step 1. Work out the person’s maximum payment rate, being:
(a) if the person has not turned 21—the amount that would be the person’s maximum basic rate if the Youth Allowance Rate Calculator applied to the person; and
(b) if the person has turned 21—the amount that would be the person’s maximum basic rate calculated under Table B of Module B of Benefit Rate Calculator B.
Step 2. Work out the rate reduction amount in accordance with subsection (2).
Step 3. Take the rate reduction amount away from the rate of special benefit determined by the Secretary under section 746:
the result (which may be a nil rate) is called the administrative breach reduced rate.
758(2) A person’s rate reduction amount is worked out as follows:
759(1) If:
(a) a person who is a nominated visa holder is receiving special benefit; and
(b) while the person is receiving that benefit the person becomes engaged in industrial action, or in a series of industrial actions, that leads to the person’s unemployment or to a decrease in the person’s level of income;
the rate of special benefit payable to the person is to be determined as if the person had continued, for the period of that industrial action, to be employed and to receive income at the level at which it would have been received if the person had not engaged in that action.
759(2) Subsection (1) does not apply in relation to a person if the Secretary is satisfied:
(a) that the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and
(b) the people or some of the people were members of a trade union that was involved in the industrial action; and
(c) the person was not a member of the trade union during the period of the industrial action.
759(3) Subject to subsection (4), subsections (1) and (2) do not affect the rate of special benefit payable to a person in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.
759(4) If the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:
(a) a State industrial authority within the meaning of section 4 of the Workplace Relations Act; or
(b) the Australian Industrial Relations Commission; or
(c) the Federal Court; or
(d) the Federal Magistrates Court;
the rate of special benefit payable to a person is to continue to be determined in accordance with subsection (1) but subject to subsection (2) until the end of a period of 6 weeks after the relevant industrial action or series of industrial actions has stopped.
Division 9—Bereavement payments
Subdivision AA—Death of partner
768A Qualification for payments under this Subdivision
768A(1) If:
(a) a person is receiving a special benefit; and
(b) the person is a long‑term social security recipient; and
(c) the person is a member of a couple; and
(d) the person’s partner dies; and
(e) immediately before the partner died, the partner:
(i) was receiving a social security pension; or
(ii) was receiving a service pension or income support supplement; or
(iii) was a long‑term social security recipient; and
(f) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:
(i) the amount that would otherwise be payable to the person under section 768D (person’s continued rate) on that payday; and
(ii) the amount (if any) that would otherwise be payable to the person, under section 768B (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 768B provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: section 768C provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Note 3: for long‑term social security recipient see subsection 23(1).
768A(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
768A(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
768A(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which newstart allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 768D.
768B Continued payment of partner’s pension or benefit
If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.
768C Lump sum payable in some circumstances
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and
(b) the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;
the result is called the combined rate.
Step 2. Work out the amount that, but for section 768D, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.
Step 3. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 4. Work out the number of the partner’s paydays in the bereavement lump sum period.
Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.
768D Adjustment of a person’s special benefit rate
If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 768A(2) not to receive payments under this Subdivision;
the rate of the person’s special benefit during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of special benefit payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died;
(d) during the bereavement lump sum period (if any), the rate at which special benefit is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.
768E Effect of death of person entitled to payments under this Subdivision
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person’s partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and
(b) the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died;
the result is called the combined rate.
Step 2. Work out the amount that, but for section 768D, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.
Step 3. Take the person’s individual rate away from the combined pensioner couple rate: the result is called the partner’s instalment component.
Step 4. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.
768F Matters affecting payments under this Subdivision
768F(1) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
768F(2) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and
(c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Division 1A—Application of Part
771 Time limits on claims for partner allowance
771(1) In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a partner allowance under this Part unless:
(a) the person’s claim for the allowance:
(i) was lodged before 20 September 2003; or
(ii) is taken, because of the operation of section 12, 13 or 15 of the Administration Act, to have been made before 20 September 2003; and
(b) the person was qualified for the allowance:
(i) in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and
(ii) in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.
771(2) Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a partner allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date.
771(3) Nothing in this section affects the operation of section 85 of the Administration Act.
Division 1—Qualification for and payability of partner allowance
Subdivision A—Qualification for partner allowance
771HA Qualification for partner allowance
771HA(1) Subject to subsections (1A) and (3), and section 771HB, a person is qualified for a partner allowance in respect of a period if:
(a) throughout the period, the person is a member of a couple; and
(b) throughout the period, the person’s partner is at least 21; and
(c) the person’s partner is receiving:
(i) youth allowance, austudy payment, newstart allowance, sickness allowance, special benefit, rehabilitation allowance, age pension, disability support pension, mature age allowance, service pension or income support supplement; or
(ii) assistance under a Student Financial Supplement Scheme or an income tested living allowance under an Aboriginal study assistance scheme; and
(d) throughout the period, the person is an Australian resident; and
(e) the person was born on or before 1 July 1955; and
(f) the person is not qualified for parenting payment at any time during the period; and
(h) the person does not have recent workforce experience.
Note 1: For member of a couple see section 4.
Note 2: For Australian resident see section 7.
771HA(1A) If the Secretary determines under section 36 of the Administration Act that a person’s claim for partner allowance is to be granted, the person’s partner need not satisfy the requirements of paragraph (1)(c) in order for the person to remain qualified for the allowance.
771HA(1B) For the purposes of paragraph (1)(c), if the person’s partner would be receiving newstart allowance except for the imposition of a period of non‑payment under:
(a) Subdivision D of Division 2 of Part 2.11; or
(b) Subdivision E of Division 2 of Part 2.11A; or
(c) Subdivision F of Division 1 of Part 2.12; or
(d) section 634;
the partner is taken to be receiving newstart allowance.
771HA(1BA) For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving youth allowance if the person’s partner would be receiving youth allowance except for the imposition of:
(a) a period of non‑payment under Subdivision D of Division 2 of Part 2.11; or
(b) an employment‑related exclusion under section 553A or 553B.
771HA(1BB) For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving austudy payment if the person’s partner would be receiving austudy payment except for the imposition of a period of non‑payment under Subdivision E of Division 2 of Part 2.11A.
771HA(1C) For the purposes of paragraph (1)(h), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the day the person lodged the claim for the allowance.
Person subject to waiting period or non‑payment period
771HA(3) If youth allowance, austudy payment, newstart allowance or sickness allowance is not payable to a person because:
(a) the person is serving a waiting period; or
(b) a period of non‑payment applies to the person under:
(i) Subdivision D of Division 2 of Part 2.11; or
(ii) Subdivision E of Division 2 of Part 2.11A; or
(iii) Subdivision F of Division 1 of Part 2.12; or
(iv) section 634; or
(c) the person is subject to an employment‑related exclusion for a period under section 553B or 553C;
the person is not qualified for a partner allowance throughout the period.
Note 1: For waiting period see subsection 23(1).
Person subject to an activity test breach rate reduction period
771HA(3A) If an activity test breach rate reduction period applies to a person under Subdivision B of Division 5 of Part 2.11, Subdivision B of Division 5 of Part 2.11A or Subdivision AA of Division 4 of Part 2.12, the person is not qualified for partner allowance throughout the period.
Person subject to an administrative breach rate reduction period
771HA(3B) If an administrative breach rate reduction period applies to a person under Subdivision C of Division 5 of Part 2.11, Subdivision C of Division 5 of Part 2.11A or Subdivision B of Division 4 of Part 2.12, the person is not qualified for partner allowance throughout the period.
771HB Unemployment due to industrial action
771HB(1) If a person is unemployed during a period, the person is not qualified for a partner allowance in respect of the period unless the Secretary is satisfied that the person’s unemployment during the period was not due to the person being, or having been, engaged in industrial action or a series of industrial actions.
771HB(2) For the purposes of subsection (1) and without limiting that subsection, a person is to be taken not to be, or to have been, engaged in industrial action or in a series of industrial actions if the Secretary is satisfied:
(a) the person’s unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and
(b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and
(c) the person was not a member of the trade union during the period.
771HB(3) Subject to subsection (4), subsection (1) does not prevent a person from being qualified for a partner allowance in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.
Note: For industrial action, trade union and unemployment see section 16.
771HB(4) Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by a State industrial authority, the Australian Industrial Relations Commission, the Federal Court or the Federal Magistrates Court, a person is not qualified for a partner allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.
Note: For State industrial authority see section 4 of the Workplace Relations Act.
Subdivision B—Payability of partner allowance
771HC Partner allowance not payable if allowance rate nil
771HC(1) Subject to subsection (2), a partner allowance is not payable to a person if the person’s partner allowance rate would be nil.
771HC(2) Subsection (1) does not apply to a person if the person’s partner allowance rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) Part 2.23 of this Act; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements Act.
771HF(1) A partner allowance is not payable to a person if the value of the person’s assets exceeds the person’s assets value limit.
Note: The value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection (3)).
771HF(2) A person’s assets value limit is worked out using the following Table:
Assets value limit table | ||
Column 1 Item | Column 2 Person’s situation | Column 3 Assets value limit |
1. | Person or partner a homeowner | $80,250.00 |
2. | Neither person nor partner a homeowner | $120,500.00 |
Note 1: For homeowner see section 11.
Note 2: The assets value limits in column 3 are indexed annually in line with CPI increases (see sections 1191 to 1194).
771HF(3) The value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner.
771HF(4) The amounts in column 3 of the Assets Value Limit Table are to be indexed on 1 July 1994 as if this section and items 79A and 79B of Schedule 2 had commenced on 30 June 1993.
771HI Multiple entitlement exclusion
771HI(1) A partner allowance is not payable to a person if the person is already receiving a service pension.
771HI(2) If:
(a) a person is receiving a partner allowance; and
(b) a social security pension, another social security benefit or a service pension becomes payable to the person;
a partner allowance is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
771HI(3) A partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
771HI(4) A partner allowance is not payable to a person if the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.
Note: For MRCA see subsection 23(1).
771HJ Educational schemes exclusion
A partner allowance is not payable to a person for a period if the person is receiving a payment for that period under:
(b) the ABSTUDY Scheme; or
(c) a Student Financial Supplement Scheme.
771HK Maximum basic rate and remote area allowance not payable to CDEP Scheme participant
The maximum basic rate, and the remote area allowance, of partner allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.
Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.
Note 2: For CDEP Scheme participant see subsection 23(1).
771HNA Newly arrived resident’s waiting period
771HNA(1) Subject to this section, a person who:
(a) has entered Australia on or after 1 January 1993; and
(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
is subject to a newly arrived resident’s waiting period.
771HNA(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a partner allowance.
Note: For qualifying residence exemption see subsection 7(6).
771HNA(4) Subsection (1) does not apply to a person if:
(a) the person is already subject to a newly arrived resident’s waiting period; or
(b) the person has already served a newly arrived resident’s waiting period; or
(c) the person:
(i) has previously entered Australia before 1 January 1993; and
(ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.
771HNA(5) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on 1 February 2000.
771HNB Duration of newly arrived resident’s waiting period
771HNB(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.
771HNB(3) The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.
771HNC(1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for partner allowance, the person, or the person’s partner, has been engaged in seasonal work.
Note: For seasonal work see subsection 16A(1).
771HNC(2) Partner allowance is not payable to the person:
(a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or
(b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
771HNC(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):
(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and
(b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
Division 4—Rate of partner allowance
771KA Rate of partner allowance if partner is not receiving special benefit
If section 771KE does not apply to a person, the person’s rate of partner allowance is worked out using the Benefit Rate Calculator B at the end of section 1068.
771KE Rate of partner allowance if partner receiving special benefit
771KE(1) If a person’s partner is receiving a special benefit, the person’s rate of partner allowance is the fortnightly rate determined by the Secretary in his or her discretion.
771KE(2) Subject to Part 2.24 (major disaster), the rate of a person’s partner allowance is not to exceed the rate at which youth allowance, austudy payment or newstart allowance would be payable to the person if:
(a) the person were qualified for youth allowance, austudy payment or newstart allowance; and
(b) youth allowance, austudy payment or newstart allowance were payable to the person.
Note: For double payments in the case of a major disaster see Part 2.24.
771KN CDEP Scheme participant may accumulate partner allowance
771KN(1) A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any partner allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.
771KN(2) If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:
(a) unless paragraph (b) applies, the last day of the quarter; or
(b) if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.
771KN(3) In this section:
quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see section 1188B.
Note 2: For CDEP Scheme quarter see subsection 23(1).
Division 9—Bereavement payments
Subdivision A—Surviving partner and deceased partner defined
771NT Surviving partner and deceased partner
If:
(a) a person is receiving partner allowance; and
(b) the person’s partner dies;
then, for the purposes of this Division:
(c) the person is the surviving partner; and
(d) the person’s partner is the deceased partner.
Subdivision B—Person to continue to receive partner allowance where person’s partner dies
771NU Continuation of partner allowance for bereavement period
771NU(1) If:
(a) a person is receiving partner allowance; and
(b) the person’s partner dies; and
(c) immediately before the deceased partner died:
(i) if the deceased partner was receiving a social security pension, a service pension or income support supplement—the surviving partner was a long‑term social security recipient; or
(ii) if the deceased partner was receiving a social security benefit or a job search allowance—each partner was a long‑term social security recipient;
the surviving partner remains qualified for partner allowance during the bereavement period as if:
(d) the deceased partner had not died; and
(e) the deceased partner had continued to receive newstart allowance, sickness allowance, special benefit, rehabilitation allowance, age pension, disability support pension, mature age allowance, service pension or income support supplement; and
(f) the surviving partner and the deceased partner had continued to be members of a couple.
Rate of partner allowance during bereavement rate continuation period
771NU(2) The surviving partner’s partner allowance rate during the bereavement rate continuation period is the rate of the partner allowance that would have been payable to the surviving partner if:
(a) the deceased partner had not died; and
(b) if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.
Rate of partner allowance during the bereavement lump sum period
771NU(3) The surviving partner’s partner allowance rate during the bereavement lump sum period (if any) is worked out as follows:
(aa) if the deceased partner was receiving a youth allowance or an austudy payment immediately before he or she died, the rate of partner allowance is the rate at which a partner allowance would have been payable to the surviving partner if:
(i) the surviving partner had been qualified for youth allowance or austudy payment (as the case may be); and
(ii) the surviving partner was not a member of a couple;
(b) if the deceased partner was receiving newstart allowance immediately before he or she died, the rate of partner allowance is the rate at which newstart allowance would have been payable to the surviving partner if:
(i) the surviving partner had been qualified for newstart allowance; and
(ii) the surviving partner was not a member of a couple;
(c) if the deceased partner was receiving sickness allowance immediately before he or she died, the rate of partner allowance is the rate at which sickness allowance would have been payable to the surviving partner if:
(i) the surviving partner had been qualified for sickness allowance; and
(ii) the surviving partner was not a member of a couple;
(d) if the deceased partner was receiving special benefit immediately before he or she died, the rate of partner allowance is the rate at which special benefit would have been payable to the surviving partner if:
(i) the surviving partner had been qualified for special benefit; and
(ii) the surviving partner was not a member of a couple;
(e) if the deceased partner was receiving rehabilitation allowance, age pension, disability support pension or mature age allowance immediately before he or she died, the rate of partner allowance is the rate at which newstart allowance would have been payable to the surviving partner if:
(i) the surviving partner had been qualified for newstart allowance; and
(ii) the surviving partner was not a member of a couple.
Note 1: For long‑term social security recipient see subsection 23(1).
Note 2: For bereavement period, bereavement rate continuation period and bereavement lump sum period see section 21.
771NV Qualification for payments under this Subdivision
771NV(1) If:
(a) a person is receiving partner allowance; and
(b) the person’s partner dies; and
(c) immediately before the deceased partner died, the deceased partner was a long term social security recipient;
the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 771NW provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.
Note 2: Section 771NX provides for a lump sum that represents the instalments that would have been paid to the surviving partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.
771NV(2) A surviving partner who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
771NV(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
771NW Continued payment of deceased partner’s benefit
If a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner, there is payable to the surviving partner, on each of the deceased partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the deceased partner on that payday if he or she had not died.
771NX Lump sum payable in some circumstances
771NX(1) If:
(a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the surviving partner as a lump sum an amount worked out using the following Lump Sum Calculator:
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:
(a) the deceased partner had not died; and
(b) if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Step 2. Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately before the first available bereavement adjustment payday if:
(a) the deceased partner had not died; and
(b) if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the surviving partner’s notional rate using subsection (2), (2A), (3), (4), (5) or (6) (whichever applies).
Note: The subsection that you use depends on whether the deceased partner was receiving a job search allowance, newstart allowance, sickness allowance, special benefit, rehabilitation allowance, age pension, disability support pension or mature age allowance before he or she died.
Step 5. Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.
Step 6. Work out the number of the deceased partner’s paydays in the bereavement lump sum period.
Step 7. Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the surviving partner under this section.
Deceased partner receiving youth allowance or austudy payment
771NX(2A) If, immediately before the deceased partner died, he or she was receiving youth allowance or austudy payment, the surviving partner’s notional rate is the amount of youth allowance or austudy payment that would have been payable to the surviving partner on the surviving partner’s pay day immediately before the first available bereavement adjustment pay day if:
(a) a youth allowance or an austudy payment had been payable to the surviving partner on that pay day; and
(b) the surviving partner was not a member of a couple on that pay day.
Deceased partner receiving newstart allowance
771NX(3) If, immediately before the deceased partner died, he or she was receiving newstart allowance, the surviving partner’s notional rate is the amount of newstart allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:
(a) a newstart allowance had been payable to the surviving partner on that payday; and
(b) the surviving partner was not a member of a couple on that payday.
Deceased partner receiving sickness allowance
771NX(4) If, immediately before the deceased partner died, he or she was receiving sickness allowance, the surviving partner’s notional rate is the amount of sickness allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:
(a) a sickness allowance had been payable to the surviving partner on that payday; and
(b) the surviving partner was not a member of a couple on that payday.
Deceased partner receiving special benefit
771NX(5) If, immediately before the deceased partner died, he or she was receiving special benefit, the surviving partner’s notional rate is the amount of special benefit that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:
(a) a special benefit had been payable to the surviving partner on that payday; and
(b) the surviving partner was not a member of a couple on that payday.
Deceased partner receiving other social security payment
771NX(6) If, immediately before the deceased partner died, he or she was receiving rehabilitation allowance, age pension, disability support pension or mature age allowance, the surviving partner’s notional rate is the amount of newstart allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:
(a) newstart allowance had been payable to the surviving partner on that payday; and
(b) the surviving partner was not a member of a couple on that payday.
771NY Effect of death of surviving partner
If:
(a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and
(b) the surviving partner dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the deceased partner before the surviving partner dies;
there is payable as a lump sum, to any person that the Secretary thinks appropriate, an amount worked out using the following Lump Sum Calculator:
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:
(a) neither the surviving partner nor the deceased partner had died; and
(b) if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Step 2. Work out the amount that would have been payable to the deceased partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:
(a) neither the surviving partner nor the deceased partner had died; and
(b) if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Note: For illness separated couple and respite care couple see subsections 4 (7) and 4 (8) respectively.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the amount that, but for section 771NU, would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if he or she had not died: the result is called the surviving partner’s individual rate.
Step 5. Take the surviving partner’s individual rate away from the combined rate: the result is called the deceased partner’s instalment component.
Step 6. Work out the number of the surviving partner’s paydays in the period that commences on the day on which the surviving partner dies and ends on the day on which the bereavement period ends.
Step 7. Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
771NZ Matters affecting payments under this Subdivision
771NZ(1) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the surviving partner had not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal representative of the deceased partner, except to the extent (if any) that the amount exceeds the amount payable to the surviving partner under this Subdivision;
(e) the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).
771NZ(2) If:
(a) the surviving partner is qualified for payments under this Subdivision; and
(b) an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and
(c) the bank pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.
Subdivision D—Bereavement payment in respect of former CDEP Scheme participant
771NZAA Calculation of bereavement payment in respect of former CDEP Scheme participant
If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 771HK had not been enacted.
Note: For CDEP Scheme participant see section 1188B.
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
771P(1) In spite of any other provision of this Part or any provision of the Administration Act, other than section 85, a woman is not to be granted a special needs wife pension unless:
(a) her claim for the pension is lodged on or before 30 June 1995; and
(b) she qualifies for the pension on or before 30 June 1995.
771P(2) For the purposes of paragraph (1)(a), if section 15 of the Administration Act applies, the woman is taken to have lodged her claim on the day on which she makes her initial claim.
771P(3) In subsection (2):
initial claim has the same meaning as in section 15 of the Administration Act.
Division 1B—Time limit on grant of other special needs pensions
771PA Special needs pensions not to be granted after 20 September 2000
771PA(1) In spite of any other provision of this Part, a person is not to be granted a special needs age pension, a special needs disability pension or a special needs widow B pension unless:
(a) the person’s claim for the pension is lodged, or is taken to have been lodged, on or before 20 September 2000; and
(b) the person qualifies for the pension on or before 20 September 2000.
Division 1—Qualifications for and payability of special needs pensions
772 Qualification for special needs age pension
A person is qualified for a special needs age pension if:
(a) the person has not resided in Australia at any time after 7 May 1973; and
(b) the person has turned:
(i) if the person is a woman—60; or
(ii) if the person is a man—65; and
(c) the person ceased to reside in Australia after the person had turned:
(i) if the person is a woman—55; or
(ii) if the person is a man—60; and
(d) the person had resided in Australia for a period that was, or for periods that in the aggregate were, not less than 30 years; and
(e) the person would:
(i) if the person had lodged a claim immediately before the person ceased to reside in Australia—have been qualified under section 25 of the 1947 Act to receive an age pension; or
(ii) if the person had not ceased to reside in Australia, were physically present in Australia and lodged a claim for an age pension—be qualified under section 25 of the 1947 Act to receive an age pension; and
(f) the person is, in the opinion of the Secretary, in special need of financial assistance.
773 Qualification for special needs disability support pension
Inability to work
A person is qualified for a special needs disability support pension if:
(a) the person has not resided in Australia at any time after 7 May 1973; and
(b) the person is severely disabled; and
(c) the person has turned 16; and
(d) at the time when the person first satisfied paragraph (b), the person was in Australia or temporarily absent from Australia; and
(e) the person is, in the opinion of the Secretary, in special need of financial assistance.
Note: a person who is receiving a special needs disability support pension may be automatically transferred to the special needs age pension if the person becomes qualified for the special needs age pension (see subsection 789(3)).
774 Qualification for special needs wife pension
A person is qualified for a special needs wife pension if the person:
(a) is a woman who is a member of a couple; and
(b) has a partner who is receiving a special needs age pension or a special needs disability support pension.
Note 1: for member of a couple see subsections 4(2), (3) and (6).
Note 2: a person who is receiving a special needs wife pension may be automatically transferred to the special needs age pension if the person becomes qualified for the special needs age pension (see subsection 789(3)).
778A Special needs widow B pension not to be granted in certain cases
778A(1) In spite of anything else in this Part, a special needs widow B pension must not be granted to a woman unless:
(a) the woman’s claim for the pension is lodged before 20 March 1997; and
(b) the woman is qualified for the pension before that day.
778A(2) If section 15 of the Administration Act applies to a woman, the woman is taken, for the purposes of subsection (1) of this section, to have lodged a claim on the day on which the initial claim was made.
778A(3) This section does not apply in relation to a determination by the Secretary under section 85 of the Administration Act.
778A(4) In this section:
initial claim has the same meaning as in section 15 of the Administration Act.
778 Qualification for special needs widow B pension
A woman is qualified for a special needs widow B pension if:
(aa) the woman has not reached pension age; and
(a) the woman has not resided in Australia at any time after 7 May 1973; and
(b) the woman:
(i) was, immediately before 1 July 1987, receiving a widow’s pension as a class B widow under the 1947 Act; or
(ii) on 1 July 1987 had turned 45 years old and:
(A) was receiving a supporting parent’s benefit or a widow’s pension as a class A widow on or after that day; or
(B) was receiving a sole parent pension after 1 March 1989; or
(iii) on 1 July 1987 had turned 50 years old; and
Note: For sole parent pension see subsection 23(1).
(d) the woman:
(i) was legally married and her husband has died; or
(ii) was a dependent female, that is:
(A) she was a member of a couple and her partner has died; and
(B) she was a member of the couple for 3 years immediately before her partner died; and
(C) she was wholly or mainly financially maintained by him; and
(e) both the woman and the man were residing permanently in Australia when the man died; and
(f) the woman is not a member of another couple; and
(g) the woman is, in the Secretary’s opinion, in special need of financial assistance.
Note 1: for member of a couple see subsections 4(2), (3) and (6).
Note 2: a person who is receiving a special needs widow B pension may be automatically transferred to the special needs age pension if the person becomes qualified for the special needs age pension (see subsection 789(3)).
779 Special needs pension not payable if pension rate nil
A special needs pension is not payable to a person if the person’s special needs pension rate would be nil.
783 Second special needs pension generally not payable after cancellation of initial pension
If:
(a) a special needs pension is payable to a person; and
(b) the special needs pension is cancelled;
another special needs pension is not payable to the person unless the person is qualified to receive another special needs pension at the time the initial pension is cancelled.
787 Multiple entitlement exclusion
787(1) A special needs pension is not payable to a person if the person is already receiving a service pension.
787(2) If:
(a) a person is receiving a special needs pension; and
(b) another social security pension or a social security benefit or service pension becomes payable to the person;
the special needs pension is not payable to the person.
Note 1: another payment type will generally not become payable to the person until the person claims it.
Note 2: For social security pension and social security benefit see subsection 23(1).
787(3) A special needs pension is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: for armed services widow see subsection 4(1).
787(4) A special needs pension is not payable to a man if:
(a) the man is an armed services widower; and
(b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: for armed services widower see subsection 4(1).
787(5) A special needs pension is not payable to a person if:
(a) the person is an armed services widow or an armed services widower; and
(b) the person has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and armed services widower see subsection 4(1).
Note 2: For MRCA see subsection 23(1).
Division 5—Rate of special needs pension
796 How to work out a person’s special needs pension rate
796(1) Subject to subsection (2), the rate of a person’s special needs pension is:
(a) if the pension is a special needs age pension—the rate at which an age pension would be payable to the person if the person were qualified for an age pension; or
(b) if the pension is a special needs disability support pension—the rate at which a disability support pension would be payable to the person if the person were qualified for a disability support pension; or
(c) if the pension is a special needs wife pension—the rate at which a wife pension would be payable to the person if the person were qualified for a wife pension; or
(e) if the pension is a special needs widow B pension—the rate at which a widow B pension would be payable to the person if the person were qualified for a widow B pension.
796(2) If:
(a) the person was absent from Australia on 1 July 1986; and
(b) the person commences after 1 July 1986 to receive a special needs pension; and
(c) the person is absent from Australia;
the rate of the person’s special needs pension is, subject to subsections (3) and (4), the person’s special needs proportional rate worked out using the Special Needs Proportional Rate Calculator at the end of this section.
796(3) Subsection (2) does not apply to a person’s special needs disability support pension if the person became qualified for the pension because the person became permanently incapacitated for work or permanently blind while the person was an Australian resident.
796(4) Subsection (2) does not apply to a person’s special needs sole parent or widow B pension if:
(a) the person became qualified for the pension because of the death of the person’s former partner; and
(b) at the time when the former partner died the former partner was an Australian resident; and
(c) the person would, apart from subsections 249(2) and 362(2) of this Act, and section 46 of the 1947 Act as in force at any time before 1 March 1989, have become so qualified for that pension.
Special Needs Proportional Rate Calculator
Module A—Overall rate calculation process
Overall rate calculation process
796‑A1 This is how to work out a person’s special needs proportional rate:
Method statement
Step 1. Work out the period of the person’s Australian working life residence using Module B: the result is called the residence period.
Step 2. Use the person’s residence period to work out the person’s residence factor using Module C below.
Step 3. Work out the rate that would be the person’s pension or allowance rate if this Rate Calculator did not apply to the person: the result is called the person’s notional domestic rate.
Step 4. Multiply the person’s notional domestic rate by the person’s residence factor: the result is the person’s special needs proportional rate.
Module B—Australian working life residence
Working life
796‑B1 For the purposes of this Module, a person’s working life is the period commencing when the person turns 16 and ending:
(a) if the person is a woman—when she turns 60; or
(b) if the person is a man—when he turns 65.
Australian working life residence (general)
796‑B2 Subject to points 796‑B3 to 796‑B9, a person’s period of Australian working life residence as at a particular time is the number of months in the period, or the aggregate of the periods, during the person’s working life during which the person has, up to that time, been an Australian resident.
Calculation of number of months
796‑B3 If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months, the period is to be increased by one month.
796‑B4 If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month.
Australian working life residence (special needs age or disability support pensioner couples)
796‑B5 If:
(a) a person is receiving a special needs age pension or a special needs disability support pension; and
(b) the person is a member of a couple; and
(c) the person’s partner is receiving an age or disability support pension or a special needs age or disability support pension; and
(d) the partner’s period of Australian working life residence is longer than the period that would be the person’s period of Australian working life residence under point 796‑B2;
the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence.
Australian working life residence (member of former special needs age or disability support pensioner couple)
796‑B6 If:
(a) a person is receiving a special needs age pension or a special needs disability support pension; and
(b) the person is a member of a couple; and
(c) the person ceases to be a member of a couple; and
(d) immediately before the person ceases to be a member of a couple:
(i) the person was receiving an age or disability support pension or a special needs age or disability support pension; and
(ii) the partner was receiving an age or disability support pension or a special needs age or disability support pension; and
(e) the partner’s period of Australian working life residence (immediately before the person ceases to be a member of a couple) is longer than the period that would be the person’s period of Australian working life residence under point 796‑B2;
the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence (immediately before the person ceases to be a member of a couple).
Australian working life residence (special needs wife pensioner)
796‑B7 If a person is receiving a special needs wife pension, the person’s period of Australian working life residence is equal to the period of Australian working life residence of the person’s partner.
Australian working life residence (recipient of special needs sole parent pension or widow B pension)
796‑B8 If:
(a) a person is receiving a special needs widow B pension; and
(b) the person became qualified for the pension because the person’s former partner died; and
(c) the partner’s period of Australian working life residence (immediately before the partner’s death) is longer than the period that would be the person’s period of Australian working life residence under point 796‑B2;
the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence (immediately before the partner’s death).
Australian working life residence—second special needs pension
796‑B9 If:
(a) a special needs pension is payable to a person (in this point called the initial pension); and
(b) the special needs pension is cancelled or ceases to be payable automatically; and
(c) another special needs pension is payable to the person (in this point called the second pension); and
(d) the person’s period of Australian working life residence in respect of the second pension is shorter than the period that was the person’s period of Australian working life residence for the purposes of calculating the person’s initial special needs pension;
the person’s period of Australian working life residence for the second pension is to be equal to the period of Australian working life residence used in calculating the person’s initial pension.
Residence factor (period of Australian working life residence 25 years or more)
796‑C1 If a person’s period of Australian working life residence is 300 months (25 years) or more, the person’s residence factor is 1.
Note: if a person’s residence factor is 1, the person’s overseas pension will be payable overseas at the full domestic rate (less any rent assistance and any and remote area allowance).
Residence factor (period of Australian working life residence under 25 years)
796‑C2 If a person’s period of Australian working life residence is less than 300 months (25 years), the person’s residence factor is:
Division 10—Bereavement payments
Subdivision A—Death of partner
822 Qualification for payments under this Subdivision
822(1) If:
(a) a person is receiving a special needs age, disability support or wife pension; and
(b) the person is a member of a couple; and
(c) the person’s partner dies; and
(d) immediately before the partner died, the partner:
(i) was receiving a social security pension; or
(ii) was receiving a service pension or income support supplement; or
(iii) was a long‑term social security recipient; and
(e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:
(i) the amount that would otherwise be payable to the person under section 825 (person’s continued rate) on that payday; and
(ii) the amount that would otherwise be payable to the person under section 823 (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 823 provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: section 824 provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
822(1A) If:
(a) a person is receiving a special needs pension; and
(b) immediately before starting to receive the special needs pension the person was receiving partner bereavement payments; and
(c) the bereavement rate continuation period in relation to the death of the person’s partner has not ended;
the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.
822(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
822(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
822(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which special needs pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 825.
822(5) For the purposes of this section, a person is a long‑term social security recipient if:
(a) the person is receiving a social security benefit; and
(b) in respect of the previous 12 months, the person:
(i) was receiving a social security pension; or
(ii) was receiving a social security benefit; or
(iia) was receiving a youth training allowance; or
(iii) was receiving a service pension or income support supplement.
822(6) A person is taken to satisfy the requirements of paragraph (5)(b) if:
(a) the person was receiving one or a combination of the payments referred to in that paragraph for a continuous period of 12 months; or
(b) the person was receiving one or a combination of the payments referred to in that paragraph for 46 weeks of the previous 52.
823 Continued payment of partner’s pension or allowance
823(1) If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period:
(a) where the partner was receiving a social security pension—the amount that would have been payable to the partner on the payday if the partner had not died; or
(b) where the partner was receiving a service pension or income support supplement—the amount that would have been payable to the partner under Part III or IIIA of the Veterans’ Entitlements Act on the service payday that:
(i) where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or
(ii) in any other case—follows the partner’s payday;
if the partner had not died.
823(2) For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.
824 Lump sum payable in some circumstances
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:
(a) the person’s partner had not died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 2. Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if:
(a) the partner had not died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the amount that, but for subsection 825, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.
Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 6. Work out the number of paydays of the partner in the bereavement lump sum period.
Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.
825 Adjustment of rate of person’s special needs pension
If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 822(2) not to receive payments under this Subdivision;
the rate of the person’s special needs pension during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of special needs pension payable to the person is the rate at which the pension would have been payable to the person if:
(i) the person’s partner had not died; and
(ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple;
(d) during the bereavement lump sum period (if any), the rate at which special needs pension is payable to the person is the rate at which the special needs pension would be payable to the person apart from this Subdivision.
826 Effect of death of person entitled to payments under this Subdivision
If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person’s partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:
(a) neither the person nor the person’s partner had died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 2. Work out the amount that would have been payable to the partner on the partner’s payday or service payday immediately after the day on which the person died if:
(a) neither the person nor the partner had died; and
(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.
Step 4. Work out the amount that, but for section 825, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.
Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.
Step 6. Work out the number of paydays of the partner in the period that starts on the day on which the person dies and ends on the day on which the bereavement period ends.
Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
827 Matters affecting payment of benefits under this Subdivision
827(1) If:
(a) a person is qualified for payments under this Subdivision and in relation to the death of the person’s partner; and
(b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
827(2) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and
(b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and
(c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Subdivision C—Death of recipient
830(1) If:
(a) a person is receiving a special needs pension; and
(b) either:
(i) the person is not a member of a couple; or
(ii) the person is a member of a couple and the person’s partner:
(A) is not receiving a social security pension; and
(C) is not receiving a service pension or income support supplement; and
(c) the person dies;
there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.
830(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.
Note 2: for death of a person qualified for bereavement payments under Subdivision A see section 826.
952 Carer allowance definitions
In this Part, unless the contrary intention appears:
Adult Disability Assessment Tool has the meaning given by subsection 38C(3).
care receiver has the meaning given by subsections 953(1) and (2), 954(1) and 954A(1).
Child Disability Assessment Tool has the meaning given by subsection 38D(4).
disabled adult means a person aged 16 or more who:
(a) has a physical, intellectual or psychiatric disability; and
(b) is likely to suffer from that disability permanently or for an extended period.
disabled child means a person aged under 16 who:
(a) has a physical, intellectual or psychiatric disability; and
(b) is likely to suffer from that disability permanently or for an extended period.
Division 2—Qualification for and payability of carer allowance
953 Qualification for carer allowance—caring for either 1 or 2 disabled children
Single child
953(1) A person is qualified for carer allowance for a disabled child (the care receiver) if:
(a) the care receiver is a dependent child (disregarding subsection 5(3)) of the person; and
(b) the care receiver is an Australian resident; and
(c) either of the following applies:
(i) the disability from which the care receiver is suffering is declared, under subsection 38D(3), to be a recognised disability for the purposes of this section;
(ii) the care receiver has been assessed and rated under the Child Disability Assessment Tool and given a positive score under that assessment tool not less than 1, being a score calculated on the basis of a professional questionnaire score greater than 0; and
(d) because of the disability from which the care receiver is suffering, the care receiver receives care and attention on a daily basis from:
(i) if the person is a member of a couple—the person, the person’s partner or the person together with another person (whether or not the person’s partner); or
(ii) if the person is not a member of a couple—the person or the person together with another person;
in a private home that is the residence of the person and the care receiver; and
(f) the person is an Australian resident.
2 children
953(2) A person is qualified for carer allowance for 2 disabled children (the care receivers) if:
(a) each care receiver is a dependent child (disregarding subsection 5(3)) of the person; and
(b) each care receiver is an Australian resident; and
(c) each care receiver has been assessed and rated under the Child Disability Assessment Tool and given a positive score under that assessment tool less than 1, being a score calculated on the basis of a professional questionnaire score greater than 0; and
(ca) the sum of the scores of the care receivers under the Child Disability Assessment Tool is positive and not less than 1; and
(d) because of the disability from which each care receiver is suffering, each care receiver receives care and attention on a daily basis from:
(i) if the person is a member of a couple—the person, the person’s partner or the person together with another person (whether or not the person’s partner); or
(ii) if the person is not a member of a couple—the person or the person together with another person;
in a private home that is the residence of the person and each care receiver; and
(f) the person is an Australian resident.
Note 1: For Australian resident see section 7.
Note 2: For qualification for carer allowance in circumstances of hospitalisation, see section 955.
Note 4: For the effect of temporary cessation of care and attention on carer allowance, see section 957.
Note 5: For the effect of 2 people being qualified for carer allowance, see sections 964 and 965.
954(1) A person is qualified for carer allowance for a disabled adult (the care receiver) if:
(a) the care receiver is an Australian resident; and
(b) the care receiver is a family member of the person or is a person approved in writing by the Secretary for the purposes of this paragraph; and
(c) the care receiver has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12; and
(d) because of the disability from which the care receiver is suffering, the care receiver receives care and attention on a daily basis from the person, or the person together with another person, in a private home that is the residence of the person and the care receiver; and
(f) the person is an Australian resident.
Note 1: For family member see subsection 23(1). For Australian resident see section 7.
Note 2: For qualification for carer allowance in circumstances of hospitalisation, see section 955.
Note 4: For the effect of temporary cessation of care and attention on carer allowance, see section 957.
Note 5: For the effect of 2 people being qualified for carer allowance, see sections 964 and 965.
Disabled adult does not qualify for carer allowance for another disabled adult
954(2) If a person is qualified for carer allowance for a disabled adult, the disabled adult is not able to qualify for carer allowance for another disabled adult.
Person cannot qualify for more than 2 carer allowances
954(3) A person may qualify for carer allowance under this section and/or section 954A for 2, but no more than 2, disabled adults.
954A(1) A person is qualified for carer allowance for a disabled adult (the care receiver) if:
(a) the care receiver is an Australian resident; and
(b) the care receiver is a family member of the person or is a person approved in writing by the Secretary for the purposes of this paragraph; and
(c) the care receiver has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12; and
(d) the care receiver receives care and attention that meet the requirements in subsection (2); and
(e) the person is an Australian resident; and
(f) the person’s work in providing the care and attention is not on wages that are at or above:
(i) if the employee:
(A) is an employee within the meaning of the Workplace Relations Act 1996; and
(B) is not a junior employee or a trainee;
the Federal Minimum Wage for the employee; or
(ii) if the employee is:
(A) an employee within the meaning of the Workplace Relations Act 1996; and
(B) a junior employee;
either:
(C) if the Australian Fair Pay Commission has made a special FMW that applies to the junior employee—that wage; or
(D) in any other case—a rate of pay under an Australian Pay and Classification Scale applying to the junior employee; or
(iii) if the employee is:
(A) an employee within the meaning of the Workplace Relations Act 1996; and
(B) a trainee;
either:
(C) if the Australian Fair Pay Commission has made a special FMW that applies to the trainee—that wage; or
(D) in any other case—a rate of pay under an Australian Pay and Classification Scale applying to the trainee; or
(iv) if the employee is an employee within the meaning of Schedule 6 to the Workplace Relations Act 1996—award wages under the relevant transitional award; or
(v) in any other case—award wages.
(g) neither the person nor anyone else is qualified for carer allowance for the care receiver under section 954.
Note 1: For Australian resident see section 7. For family member see subsection 23(1).
Note 2: For qualification for carer allowance in circumstances of hospitalisation, see section 955.
Note 3: For the effect of temporary cessation of care and attention on carer allowance, see section 957.
Note 4: For the effect of 2 people being qualified for carer allowance, see sections 964 and 965.
954A(2) The care and attention:
(a) must address special care needs:
(i) that the care receiver is assessed under the Adult Disability Assessment Tool as having; and
(ii) that relate to the care receiver’s bodily functions or to sustaining the care receiver’s life; and
(b) must be received by the care receiver on a daily basis, for a total of at least 20 hours a week; and
(c) must:
(i) be received by the care receiver from the person alone; or
(ii) be received by the care receiver from the person together with another person whose work in providing the care and attention is not on wages that are at or above the wages mentioned in paragraph (1)(f), whether or not both persons are present every day when the care receiver receives the care and attention; and
(d) must be received in a private home that is the residence of the care receiver, the person or the other person (if any), but not the residence of both the care receiver and the person; and
(e) must not be care and attention of a kind (if any) specified in a written instrument made by the Secretary for the purposes of this paragraph.
954A(3) For the purposes of paragraph (2)(e), the Secretary may make a written instrument specifying kinds of care and attention. The instrument is a disallowable instrument.
Disabled adult does not qualify for carer allowance for another disabled adult
954A(4) If a person is qualified for carer allowance for a disabled adult, the disabled adult is not able to qualify for carer allowance for another disabled adult.
Person cannot qualify for more than 2 carer allowances
954A(5) A person may qualify for carer allowance under this section and/or section 954 for 2, but no more than 2, disabled adults.
955 Qualification for carer allowance—hospitalisation
955(1) If:
(a) a person (the carer) is participating in the care of a disabled child, or a disabled adult, (the hospitalised person) in hospital; and
(b) it is reasonable to assume that, if the hospitalised person were not in hospital, one or more persons would qualify for carer allowance for the hospitalised person or for the hospitalised person and another person; and
(c) either the hospitalised person is terminally ill or it is reasonable to expect that, upon the hospitalised person leaving hospital:
(i) the hospitalised person will reside in the private home of the carer and the hospitalised person; or
(ii) the carer will qualify under section 954A for carer allowance for the hospitalised person;
the one or more persons who would qualify for carer allowance as mentioned in paragraph (b) qualify for carer allowance.
Limit on qualification under subsection (1)
955(2) However, the period, or the sum of the periods, for which the one or more persons can be qualified under subsection (1) is 63 days in any calendar year.
During any period of absence from Australia:
(a) throughout which Division 2 of Part 4.2 applies to the person; and
(b) that is before the end of the person’s portability period for carer allowance (within the meaning of that Division);
the person does not cease to be qualified for carer allowance merely because the care and attention of the care receiver or care receivers is not provided in a private home that is described in whichever one of paragraphs 953(1)(d) and (2)(d), 954(1)(d) and 954A(2)(d) is relevant.
957 Effect of cessation of care etc. on carer allowance
Continuation of allowance where temporary cessation of care
957(1) Subject to subsection (3), if:
(a) a person is qualified for carer allowance because a care receiver or care receivers are receiving care and attention on a daily basis; and
(b) the care receiver or care receivers temporarily cease to receive care and attention that would qualify the person for carer allowance;
the person does not cease to be qualified for carer allowance merely because of that cessation.
Continuation of allowance after hospitalisation—section 955 ceases to apply
957(2) Subject to subsection (3), if:
(a) a person is qualified for carer allowance under section 955 because the person or another person is participating in the care of a disabled child or disabled adult in hospital; and
(b) apart from this subsection, the person would later cease to be qualified for carer allowance under that section; and
(c) the person would not cease to be qualified for carer allowance if the disabled child or disabled adult were receiving care and attention on a daily basis;
the person does not cease to be qualified for carer allowance merely because of the lack of receipt of that care and attention.
Limit on subsections (1) and (2)
957(3) However, the period, or the sum of the periods, for which subsection (1) or (2), or a combination of those subsections, can apply is:
(a) 63 days in any calendar year; or
(b) another period that the Secretary, for any special reason in the particular case, decides to be appropriate.
Cessation of care in order to undertake training etc.
957(4) If:
(a) a person is qualified for carer allowance for a care receiver who is a disabled child or for care receivers who are 2 disabled children; and
(b) the care receiver or either or both of the care receivers then are, or are likely to be, receiving education, training or treatment (other than treatment in hospital) for a period; and
(c) during the period the care receiver or care receivers are not receiving the care and attention that would qualify the person for carer allowance; and
(d) subsection (1) does not apply to the period;
the person does not cease to be qualified for carer allowance during the period merely because of the lack of receipt of that care and attention.
Note: A person who continues to be qualified for carer allowance because of subsection (4) will receive a reduced rate of carer allowance: see subsection 974(3).
Subdivision B—Limitations on payability
958 Carer allowance not payable if allowance rate nil
A carer allowance is not payable to a person if the person’s carer allowance rate would be nil.
If:
(a) 2 persons who are not members of the same couple are each qualified for carer allowance for the same care receiver or care receivers; and
(b) the Secretary has not made a declaration under subsection 981(1) in respect of carer allowance for the care receiver or care receivers; and
(c) one of the persons is receiving carer allowance for the care receiver or care receivers;
carer allowance is not payable to the other person for the care receiver or care receivers.
965 Carer allowance not payable to more than one member of a couple
965(1) Subject to this section, if one member of a couple is receiving carer allowance for a care receiver or care receivers, carer allowance is not payable to the other member of the couple for the same care receiver or care receivers.
965(2) If:
(a) the Secretary is satisfied that each of the members of a couple is qualified for carer allowance for the same care receiver or care receivers; and
(b) each of them has made a claim for carer allowance (whether or not one of them is receiving carer allowance);
the Secretary is to make a declaration:
(c) stating that the Secretary is satisfied that each of them is qualified for carer allowance for the care receiver or care receivers; and
(d) naming one of them as the member of the couple to whom carer allowance is payable for the care receiver or care receivers.
965(3) If such a declaration is made, carer allowance for the care receiver or care receivers to which the declaration relates is not payable to the member of the couple who is not named in the declaration as mentioned in paragraph (2)(d).
965(4) The Secretary is to give notice of the declaration to each of the members of the couple involved.
965(5) In making the declaration, the Secretary must have regard to whether one member of the couple is the primary carer for the care receiver or care receivers.
Division 5—Rate of carer allowance
Daily rate
974(1) A person’s rate of carer allowance is a daily rate worked out by dividing the person’s fortnightly rate of carer allowance by 14.
Fortnightly rate
974(2) Subject to subsections (3) and (4), a person’s fortnightly rate of carer allowance for a care receiver or care receivers is $75.60.
Note: The rate of carer allowance is indexed annually (see sections 1190 and 1191).
Reduced fortnightly rate if care receiver undertakes training etc.
974(3) If on one or more days (each of which is a training day) in an instalment period in relation to carer allowance a person would have stopped being qualified for carer allowance apart from subsection 957(4) (care receiver undertakes training etc.), the person’s fortnightly rate of carer allowance for that period is to be reduced by the following amount:
Rate where carer allowance shared
974(4) If:
(a) 2 people who are not members of the same couple are each qualified for carer allowance for the same care receiver or care receivers; and
(b) the Secretary has made a declaration under subsection 981(1) in respect of carer allowance for the care receiver or care receivers;
the person’s rate of carer allowance is the share specified in the declaration under paragraph 981(1)(b) of the carer allowance rate that would otherwise apply in respect of the care receiver or care receivers.
Division 6—Multiple qualification for carer allowance for same care receiver or receivers
981(1) If the Secretary is satisfied that 2 people who are not members of the same couple are each qualified for carer allowance for the same care receiver or care receivers, the Secretary is to make a declaration:
(a) stating that the Secretary is satisfied that the 2 people are each qualified for carer allowance for the care receiver or care receivers; and
(b) specifying the share of the carer allowance for the care receiver or care receivers that each of the 2 people is to receive.
981(2) If the Secretary makes a declaration under subsection (1), the Secretary is to give each of the 2 people involved notice of the declaration.
Note 1: Until the declaration under this section is made, only one of the 2 people involved can receive carer allowance for the care receiver or care receivers—see section 964.
Note 2: For the effect of a declaration under this section on the calculation of carer allowance rates see subsection 974(4).
Division 10—Bereavement payments (death of disabled child)
Subdivision A—Death of disabled child
992J Continued carer allowance during bereavement rate continuation period where disabled child dies
992J(1) If:
(a) a person is receiving carer allowance (other than because of this section) for a care receiver who is a disabled child or for care receivers who are 2 disabled children; and
(b) the disabled child or one of the disabled children dies; and
(c) immediately before the child’s death, the child was an FTB child of the person;
the person is to be qualified for carer allowance during the bereavement rate continuation period as if the child had not died and had received the care and attention referred to in paragraph 953(1)(d) or 953(2)(d) (as the case may be).
Note 1: For bereavement rate continuation period see subsection 21(2).
Note 2: If a person fails to satisfy paragraph (1)(c), the person may still be qualified for carer allowance for 4 weeks after the death of the child under section 992L.
992J(2) The rate at which the carer allowance is to be paid during the bereavement rate continuation period is the rate at which the allowance was payable to the person immediately before the day on which the child died.
992K Lump sum payable in some circumstances
992K(1) If:
(a) a person is qualified for carer allowance under section 992J in relation to a disabled child, or one of 2 disabled children, who has died; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) immediately before the child’s death, the child was an FTB child of the person;
a lump sum (worked out using the lump sum calculator at the end of this subsection) is payable to the person.
Lump Sum Calculator
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the rate at which carer allowance was payable to the person immediately before the child died.
Step 2. Work out the number of paydays of the person in the bereavement lump sum period.
Step 3. Multiply the rate obtained in Step 1 by the number obtained in Step 2: the result is the amount of the lump sum payable to the person under this section.
Note: For first available bereavement adjustment payday, bereavement period and bereavement lump sum period see subsection 21(2).
992K(2) However, if a person is qualified for carer allowance under section 992J in relation to 2 disabled children both of whom have died at the same time, only one lump sum is payable to the person under this section.
Subdivision B—Death of disabled child (special short‑term assistance)
992L(1) If:
(a) a person is receiving carer allowance (other than because of this section) for a care receiver who is a disabled child or for care receivers who are 2 disabled children; and
(b) the disabled child or one of the disabled children dies; and
(c) the person is not qualified under section 992J for carer allowance for the disabled child or disabled children;
the person is to be qualified for carer allowance for the period of 4 weeks that starts on the day on which the child died as if the child had not died and had received the care and attention referred to in paragraph 953(1)(d) or 953(2)(d) (as the case may be).
992L(2) The rate at which the carer allowance is to be paid during the 4 week period is the rate at which the allowance was payable to the person immediately before the day on which the child died.
Subdivision C—Death of recipient
992M(1) If:
(a) a person is receiving carer allowance; and
(b) the person is a member of a couple; and
(c) the person dies; and
(d) the person:
(i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a disabled child; or
(ii) would have been so qualified if the person had not died;
there is payable to the partner an amount equal to the sum of the following amounts:
(e) the amount of carer allowance that would have been payable to the person under subsection 992J(2) if the person had not died;
(f) any lump sum that would have been payable to the person under section 992K if the person had not died.
992M(2) If:
(a) a person is receiving carer allowance; and
(b) the person is not a member of a couple; and
(c) the person dies; and
(d) the person:
(i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a disabled child; or
(ii) would have been so qualified if the person had not died;
there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:
(e) the amount of carer allowance that would have been payable to the person under subsection 992J(2) if the person had not died;
(f) any lump sum that would have been payable to the person under section 992K if the person had not died.
Part 2.19A—One‑off payment to people eligible for carer allowance
992N One‑off payment to carers (carer allowance related)
992N(1) A person (the qualified person) is qualified for a one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:
(a) the instalment was in respect of a period that included 11 May 2004;
(b) the reason why the instalment covered 11 May 2004 was not only because of clause 16 or 17 of Schedule 2 to the Social Security (Administration) Act 1999.
992N(2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a) and (b) are satisfied is a qualifying instalment.
Note: The person may also be qualified for a one‑off payment to carers (carer payment related) under Part 2.5A.
992O In respect of what care receivers is the payment payable?
992O(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
992O(2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
992P What is the amount of the payment?
Add together the amounts applicable under this section for each eligible care receiver
992P(1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.
Amount is $600 unless subsection (3) applies
992P(2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.
Reduced amount if instalment rate took account of a subsection 981(1) determination
992P(3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.
Part 2.19B—2005 one‑off payment to people eligible for carer allowance
992Q 2005 one‑off payment to carers (carer allowance related)
992Q(1) A person (the qualified person) is qualified for a 2005 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:
(a) the instalment was in respect of a period that included 10 May 2005;
(b) the reason why the instalment covered 10 May 2005 was not only because of clause 16 or 17 of Schedule 2 to the Social Security (Administration) Act 1999.
992Q(2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a) and (b) are satisfied is a qualifying instalment.
Note: The person may also be qualified for a 2005 one‑off payment to carers (carer payment related) under Part 2.5B.
992R In respect of what care receivers is the payment payable?
992R(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
992R(2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
992S What is the amount of the payment?
Add together the amounts applicable under this section for each eligible care receiver
992S(1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.
Amount is $600 unless subsection (3) applies
992S(2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.
Reduced amount if instalment rate took account of a subsection 981(1) determination
992S(3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.
Part 2.19C—2006 one‑off payment to people eligible for carer allowance
992T 2006 one‑off payment to carers (carer allowance related)
992T(1) A person (the qualified person) is qualified for a 2006 one‑off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:
(a) the instalment was in respect of a period that includes 9 May 2006;
(b) the reason why that instalment covered 9 May 2006 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;
(c) the person was paid that instalment because of a claim the person made on or before 9 May 2006.
992T(2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.
992U In respect of which care receivers is the payment payable?
992U(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
992U(2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
992V Amount of the one‑off payment
Add together the amounts applicable under this section for each eligible care receiver
992V(1) The amount of the one‑off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.
Amount is $600 unless subsection (3) applies
992V(2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.
Reduced amount if instalment rate took account of a subsection 981(1) determination
992V(3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.
Part 2.20—Double orphan pension
993(1) A young person is a double orphan if:
(a) the young person is not a refugee child; and
(b) each parent of the young person is dead.
Note 1: for young person and parent see section 5.
Note 2: for refugee child see section 995.
Note 3: if the young person does not qualify as a double orphan under this subsection, and the young person is a refugee child, the young person may qualify as a double orphan under section 994.
993(2) A young person is a double orphan if:
(a) the young person is not a refugee child; and
(b) one parent of the young person is dead; and
(c) the other parent of the young person is:
(i) a long‑term prisoner; or
(ii) a mental hospital patient on a long‑term basis; or
(iii) in residential care on a long‑term basis; or
(iv) uncontactable.
Note 1: for young person and parent see section 5.
Note 2: for refugee child see section 995.
Note 3: for long‑term prisoner see section 996.
Note 4: For mental hospital patient on a long‑term basis, see subsection 997(1).
Note 4A: For in residential care on a long‑term basis, see subsection 997(2).
Note 5: for uncontactable see section 998.
A young person is a double orphan if:
(a) the young person is a refugee child; and
(b) one parent of the young person is:
(i) dead; or
(ii) living outside Australia; or
(iii) uncontactable; and
(c) the other parent, if any, is:
(i) dead; or
(ii) living outside Australia; or
(iii) uncontactable; or
(iv) a long‑term prisoner; or
(v) a mental hospital patient on a long‑term basis; or
(vi) in residential care on a long‑term basis.
Note 1: for young person and parent see section 5.
Note 2: for refugee child see section 995.
Note 3: for uncontactable see section 998.
Note 4: for long‑term prisoner see section 996.
Note 5: For mental hospital patient on a long‑term basis, see subsection 997(1).
Note 5A: For in residential care on a long‑term basis, see subsection 997(2).
995(1) A young person is a refugee child if:
(a) the young person is not an adopted child by virtue of an adoption under a law in force in a State or Territory of the Commonwealth; and
(b) the young person has not, at any time, lived in Australia with one or both of his or her parents; and
(c) the young person:
(i) has been granted refugee status by the Australian Government; or
(ii) has, at any time, been admitted into Australia as a refugee by the Australian Government; or
(iii) the young person has been, at any time, admitted into Australia in accordance with the terms of a special humanitarian program of the Australian Government that has been approved by the Minister for the purposes of this definition.
995(2) An approval of a special humanitarian program for the purposes of subparagraph (1)(c)(iii) may be expressed to have retrospective effect to the date of the establishment of the program.
996(1) For the purposes of this Division, a person is a long‑term prisoner if the person:
(a) has been convicted of an offence; and
(b) has been sentenced to imprisonment:
(i) for life; or
(ii) for a term of at least 10 years; and
(c) is serving the sentence.
996(2) For the purposes of this Division, a person is a long‑term prisoner if:
(a) the person has been charged with an offence punishable by imprisonment for life or for a term of at least 10 years; and
(b) the person has not been convicted of the offence; and
(c) the person is in custody; and
(d) the person is not serving a sentence of imprisonment for life or for a term of 10 years or more imposed as a result of conviction of another offence.
997 Patient on a long‑term basis
Mental hospital patient
997(1) For the purposes of this Division, a person is a mental hospital patient on a long‑term basis if:
(a) the person is a mental hospital patient; and
(b) the Secretary is satisfied that the person will require care and treatment for an indefinite period.
Note: for mental hospital patient see section 23.
Nursing home patient
997(2) For the purposes of this Division, a person is in residential care on a long‑term basis if:
(a) the person is in residential care; and
(b) the Secretary is satisfied that the person will be in residential care for an indefinite period.
For the purposes of this Division, a person is uncontactable if the person’s whereabouts are not known to the person or approved care organisation claiming or receiving the double orphan pension concerned.
Division 2—Qualification for and payability of double orphan pension
999 Qualification for double orphan pension
Persons other than approved care organisations
999(1) A person is qualified for a double orphan pension for a young person if:
(a) the young person is an FTB child of the person, or would be an FTB child of the person except that the young person, or someone on behalf of the young person, is receiving payments under a prescribed educational scheme; and
(b) the person is eligible for family tax benefit, or would be so eligible except that:
(i) the young person is not an FTB child of the person, but only because of the receipt of the payments referred to in paragraph (a); or
(ii) the person’s rate of family tax benefit, worked out under Division 1 of Part 4 of the Family Assistance Act, is nil; and
(c) on the day on which the person claims the double orphan pension, the young person is a double orphan; and
(d) either:
(i) the young person continues to be a double orphan; or
(ii) if the young person is no longer a double orphan, the person has not become aware that the young person is no longer a double orphan.
Approved care organisations
999(2) An approved care organisation is qualified for a double orphan pension for a young person if:
(a) the organisation is eligible for family tax benefit for the young person, or would be eligible for family tax benefit for the young person except that the young person, or someone on behalf of the young person, is receiving payments under a prescribed education scheme; or
(b) on the day on which the organisation claims the double orphan pension, the young person is a double orphan; and
(c) either:
(i) the young person continues to be a double orphan; or
(ii) if the young person is no longer a double orphan—the organisation has not become aware that the young person is no longer a double orphan.
Note 1: for double orphan see sections 993 and 994.
Note 2: for approved care organisation see sections 6 and 35.
1003(1) A double orphan pension is not payable for a child in relation to an instalment period for family tax benefit if the child is receiving a pension under Part II or IV of the Veterans’ Entitlements Act.
1003(2) In subsection (1):
instalment period for family tax benefit means a period that is an instalment period for the purposes of section 23 of the Family Assistance Administration Act.
Division 5—Rate of double orphan pension
1010 Rate of double orphan pension
1010(1) Subject to subsections (2) and (3), the rate of double orphan pension is a daily rate calculated by dividing $37.90 by 14.
1010(2) If, in the case of a child who became a double orphan before 1 July 2000, the current family tax benefit rate in respect of the child is less than the prior family allowance rate in respect of the child, the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family allowance rate and the current family tax benefit rate.
1010(3) If, in the case of a child who becomes a double orphan on or after 1 July 2000, the current family tax benefit rate in respect of the child is less than the prior family tax benefit rate in respect of the child, the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family tax benefit rate and the current family tax benefit rate.
1010(4) Subsections (2) and (3) do not have effect in relation to a child at any time at which double orphan pension in respect of the child is payable to an approved care organisation.
1010(5) In this section:
current family tax benefit rate, in relation to a child, means the rate represented by so much of an individual’s Part A rate of family tax benefit as relates to the child.
prior family allowance rate, in relation to a child, means the rate at which family allowance was payable in respect of the child immediately before the child became a double orphan.
prior family tax benefit rate, in relation to a child, means the rate represented by so much of an individual’s Part A rate of family tax benefit as related to the child immediately before the child became a double orphan.
Division 10—Bereavement payments (death of DOP child)
Subdivision A—Death of DOP child (General)
If:
(a) a person is receiving double orphan pension for a young person; and
(b) the young person dies; and
(c) immediately before the young person died:
(ii) the young person was an FTB child of the person; or
(iii) the person was receiving a service pension or income support supplement whose rate included:
(A) a dependent child add‑on for the young person; or
(B) guardian allowance in respect of the young person;
the person is to be qualified for double orphan pension for the young person during the bereavement rate continuation period as if the young person had not died.
1034 Lump sum payable in some circumstances
If:
(a) a person is qualified for double orphan pension under section 1033 in relation to the death of a DOP child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) immediately before the child died, the child was an FTB child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the rate at which double orphan pension was payable immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Step 2. Work out the number of the person’s paydays in the bereavement lump sum period.
Step 3. Multiply the continued rate by the number obtained in Step 2: the result is the amount of the lump sum payable to the person under this section.
Subdivision AA—Death of dependent child (special short‑term assistance)
If:
(a) a person is receiving double orphan pension for a young person; and
(b) the young person dies; and
(c) the person is not qualified for double orphan pension under section 1033 in respect of the young person;
the person is to be qualified for double orphan pension, for the period of 4 weeks that starts on the day after the day on which the young person died, as if the young person had not died.
Subdivision B—Death of recipient
1034A(1) If:
(a) a person is receiving a double orphan pension; and
(b) the person is a member of a couple; and
(c) the person dies; and
(d) the person:
(i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a DOP child; or
(ii) would have been so qualified if the person had not died; and
(e) the person’s partner claims the payments referred to in paragraph (d) within 3 months after the death of the child;
there is payable to the partner an amount equal to the sum of the following amounts:
(f) the amount of double orphan pension that would have been payable to the person under section 1033 if the person had not died;
(g) any lump sum that would have been payable to the person under section 1034 if the person had not died.
1034A(2) If:
(a) a person is receiving a double orphan pension; and
(b) the person is not a member of a couple; and
(c) the person dies; and
(d) the person:
(i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a DOP child; or
(ii) would have been so qualified if the person had not died;
there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:
(e) the amount of double orphan pension that would have been payable to the person under section 1033 if the person had not died; and
(f) any lump sum that would have been payable to the person under section 1034 if the person had not died.
Division 1—Qualification for and payability of mobility allowance
1035 Qualification for mobility allowance
1035(1) A person is qualified for a mobility allowance if the person satisfies the travel test set out in subsection (2) and:
(a) all of the following apply:
(i) the person is a handicapped person;
(ii) the person is engaged in gainful employment;
(iii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and
(C) the person is engaged in the gainful employment for at least 32 hours in every 4 weeks on a continuing basis;
(iv) the person is an Australian resident; or
(b) all of the following apply:
(i) the person is a handicapped person;
(ii) the person is undertaking vocational training;
(iii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and
(C) the person is undertaking the vocational training for at least 32 hours in every 4 weeks on a continuing basis;
(iv) the person is an Australian resident; or
(c) all of the following apply:
(i) the person is a handicapped person;
(ii) the person is receiving newstart allowance, youth allowance or austudy payment;
(iii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and
(iv) the person is required to satisfy the activity test;
(v) the person is an Australian resident; or
(d) all of the following apply:
(i) the person is a handicapped person;
(ii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and
(C) the person is undertaking job search activities under an agreement between the Secretary and a service provider nominated by the Secretary of the Employment Department;
(iii) the person is an Australian resident; or
(e) all of the following apply:
(i) the person is a handicapped person;
(ii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and
(C) the person is undertaking job search activities under the Competitive Employment Placement and Training Program administered by the Department;
(iii) the person is an Australian resident; or
(f) all of the following apply:
(i) the person is a handicapped person;
(ii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and
(C) the person is engaged in voluntary work for at least 32 hours in every 4 weeks on a continuing basis;
(iii) the person is an Australian resident; or
(g) all of the following apply:
(i) the person is a handicapped person;
(ii) the Secretary is of the opinion that:
(A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and
(B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability;
(iii) the Secretary is of the opinion that the person is undertaking a combination of any 2 or more of the following:
(A) gainful employment;
(B) vocational training;
(C) voluntary work;
for at least 32 hours in every 4 weeks on a continuing basis;
(iv) the person is an Australian resident.
1035(2) A person satisfies the travel test mentioned in subsection (1) if the person is required to travel to and from the person’s home for the purpose of undertaking:
(a) gainful employment; or
(b) vocational training; or
(c) job search activities; or
(d) voluntary work.
1035(3) In this section:
vocational training means vocational training within the meaning of section 19 (other than training provided as part of a rehabilitation program or follow‑up program under Part III of the Disability Services Act 1986).
voluntary work means work approved by the Secretary undertaken in a voluntary capacity for charitable, welfare or community organisations.
1037 Mobility allowance not payable where person receiving motor vehicle assistance
A mobility allowance is not payable to a person:
(a) if the person is provided with a motor vehicle under the Vehicle Assistance Scheme prepared under section 105 of the VEA—during any period during which the vehicle is provided; or
(aa) if the person is provided with a motor vehicle under the Motor Vehicle Compensation Scheme under section 212 of the MRCA—during any period during which the vehicle is provided; or
(b) if the person receives the benefit of an exemption under:
(i) item 135 or 135A of the First Schedule to the Sales Tax (Exemptions and Classifications) Act 1935; or
(ii) item 96 or 97 in Schedule 1 to the Sales Tax (Exemptions and Classifications) Act 1992;
(other than a benefit in respect of parts for a motor vehicle)—during the period of 2 years starting on the day on which the person received the benefit of the exemption.
Note: for VEA and MRCA see section 23.
1039AA Newly arrived resident’s waiting period
1039AA(1) Subject to subsections (2), (3) and (4), a person who, on or after the commencement of this subsection:
(a) enters Australia; and
(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
is subject to a newly arrived resident’s waiting period.
1039AA(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a mobility allowance.
Note: For qualifying residence exemption see subsections 7(6) and 7(6AA).
1039AA(3) Subsection (1) does not apply to a person if the person has already served a newly arrived resident’s waiting period.
1039AA(4) Subsection (1) does not apply to a person who becomes a handicapped person while in Australia.
Note: For handicapped person see section 19.
1039AA(5) Subsection (1) does not apply to a person if:
(a) the person is a New Zealand citizen; and
(b) the person was an Australian resident on 1 February 2000.
1039AB Duration of newly arrived resident’s waiting period
If a person is subject to a newly arrived resident’s waiting period, the period:
(a) starts on the day the person first became an Australian resident; and
(b) ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
Division 2—Rate of mobility allowance
1044 Rate of mobility allowance
[see Appendix for CPI adjusted figures]
1044(1AA) The rate of mobility allowance is a daily rate worked out by dividing the fortnightly rate by 14.
1044(1) The fortnightly rate of mobility allowance is $50.50.
1044(2) A person’s mobility allowance rate is nil if:
(a) the person has received mobility allowance advance under section 1045; and
(b) the person’s advance payment period has not ended.
Note 2: the rate of mobility allowance is indexed annually in line with CPI increases (see section 1191—item 34 of the CPI Indexation Table—and sections 1192 to 1194).
1044(3) In this section:
advance payment period, in relation to a person, means the period of 26 weeks that starts at the beginning of the advance entitlement period.
Division 3—Mobility allowance advance
1045 Qualification for mobility advance
1045(1) A person is qualified for a mobility allowance advance if:
(a) the person is receiving mobility allowance; and
(b) the person has requested the advance; and
(c) the Secretary is satisfied that the person will continue to be qualified for mobility allowance for at least 26 weeks from the day on which the person receives the advance; and
(d) if the person has previously received a mobility allowance advance, a period of not less than 12 months has elapsed since the person last received a mobility allowance advance.
1045(2) If a person has previously received a mobility allowance advance, a request is not effective for the purpose of paragraph (1)(b) if it was made within 11 months after the person received a mobility allowance advance.
1045(3) The amount of the advance is calculated by multiplying the mobility allowance rate by 13.
1045(4) For the purpose of subsection (3):
mobility allowance rate is the rate of mobility allowance on the advance payday.
1046 Continuation of mobility allowance when person ceases to be qualified
1046(1) This section applies to a person if:
(a) a mobility allowance is payable to a person; and
(b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary’s opinion:
(i) to undertake gainful employment, vocational training or voluntary work; or
(ii) to undertake a combination of any 2 or more of the following:
(A) gainful employment;
(B) vocational training;
(C) voluntary work;
for at least 32 hours in every 4 weeks on a continuing basis.
1046(2) This section applies to a person if:
(a) a mobility allowance is payable to a person; and
(b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary’s opinion:
(i) to receive newstart allowance for a reason other than the application of section 601 or 605 of this Act or section 81 of the Administration Act; or
(ii) to receive youth allowance for a reason other than the application of section 541A, 544A, 544C, 550 or 553B of this Act or section 81 of the Administration Act; or
(iii) to receive an austudy payment for a reason other than the application of section 569 or 576 of this Act or section 81 of the Administration Act; or
(iv) to undertake job search activities under an agreement between the Secretary and a service provider nominated by the Secretary of the Employment Department; or
(v) to undertake job search activities under the Competitive Employment Placement and Training Program administered by the Department.
1046(3) A person to whom this section applies continues to be qualified for the mobility allowance for 12 weeks after the person would, apart from this section, have ceased to be qualified for the mobility allowance.
1046(4) If:
(a) a mobility allowance is payable to a person; and
(b) the person would, apart from this section, cease to be qualified for the allowance because of circumstances other than those described in subsections (1) and (2);
the person continues to be qualified for the mobility allowance for 2 weeks after the person would, apart from this section, have ceased to be qualified for the mobility allowance.
1046(5) If:
(a) a mobility allowance is payable to a person because of subsection (3); and
(b) circumstances occur that would, if the person were still qualified for the allowance, result in the person ceasing to be qualified;
the mobility allowance ceases to be payable to the person on the day on which those circumstances occur.
1046(6) In this section:
vocational training means vocational training within the meaning of section 19 (other than vocational training provided as part of a rehabilitation program or follow‑up program under Part III of the Disability Services Act 1986).
voluntary work means work approved by the Secretary undertaken in a voluntary capacity for charitable, welfare or community organisations.
Part 2.21A—Language, literacy and numeracy supplement
In this Part:
designated social security payment means:
(a) disability support pension; or
(b) mature age allowance payable under Part 2.12B; or
(c) newstart allowance; or
(d) parenting payment; or
(e) partner allowance; or
(f) widow allowance; or
(g) youth allowance.
Division 2—Qualification for language, literacy and numeracy supplement
1048 General statement of qualification
A person is qualified to receive a language, literacy and numeracy supplement in respect of a fortnight if:
(a) the person is receiving a designated social security payment in respect of that fortnight; and
(b) the Secretary is satisfied that, on a day during that fortnight, the person was attending a course included in the language, literacy and numeracy program administered by the Department of State responsible for education and training.
Division 3—Circumstances where language, literacy and numeracy supplement not payable
1049 Language, literacy and numeracy supplement not payable in certain circumstances
1049(1) Language, literacy and numeracy supplement is not payable to a person in respect of a fortnight if pensioner education supplement under Part 2.24A or under ABSTUDY is payable to the person in respect of a day in the fortnight.
1049(2) Language, literacy and numeracy supplement is not payable to a person in respect of a fortnight if an approved program of work supplement or a CDEP Scheme Participant Supplement is payable to the person in respect of that fortnight.
1049(3) Language, literacy and numeracy supplement is not payable to a person in respect of a fortnight in relation to attendance at a second or subsequent language, literacy or numeracy course in that fortnight.
1049(4) For the avoidance of doubt, language, literacy and numeracy supplement is payable in respect of a person’s attendance at a language, literacy or numeracy course whether that attendance is voluntary or is required under the provisions of, or of an agreement made under, any other provision of this Act.
Division 4—Rate increase relating to language, literacy and numeracy supplement
1050 Rate increase attributable to language, literacy and numeracy supplement
If a person:
(a) is qualified to receive language, literacy and numeracy supplement in respect of a fortnight; and
(b) nothing in section 1049 precludes the payability of that supplement to that person in respect of that fortnight;
the rate of the person’s designated social security payment in respect of that fortnight, worked out under Chapter 3 and taking account of any rate reduction provided for in this Act, is increased by $20.80, being the fortnightly rate of the supplement.
Part 2.22—Advance payments of social security entitlements
Division 1—Qualification for advance payment
1061A Qualification for advance payment
Qualifications
1061A(1) Subject to this section, a person is qualified for an advance payment of a social security entitlement only if:
(a) the social security entitlement is payable to the person; and
(b) the person has been receiving an income support payment for a continuous period of 3 months immediately before the day on which the person’s application for the advance payment is made; and
(d) the Secretary is satisfied that the person will not suffer financial hardship from reductions in instalments of the social security entitlement as a result of receiving the advance payment.
Note 1: Other provisions of this Act deal with advances of social security payments that are not social security entitlements. For example, section 1047A deals with mobility allowance advance and Part 2.23 deals with advance pharmaceutical allowance.
Note 2: For income support payment and social security entitlement see subsection 23(1).
Note 3: For the determination of the continuous period in respect of which a person received an income support payment see section 38B.
1061A(2) The Secretary may determine in writing that paragraph (1)(b) does not apply to a person who has applied for an advance of youth allowance or austudy payment and the determination has effect accordingly. The determination is a disallowable instrument.
Disqualification
1061A(4) A person is not qualified for an advance payment if:
(a) the maximum amount of advance payment to which the person would be entitled under Division 4 is less than $250; or
(b) the person has received an advance payment, or an instalment of an advance payment, of a social security entitlement and has not fully repaid the advance payment; or
(c) the person has received the amount of an advance payment in a single lump sum, or has received the first instalment of such an amount, on or after 1 January 1997, and the period of 12 months from the day the lump sum or instalment was paid has not elapsed; or
(d) the person owes a debt to the Commonwealth (whether arising under this Act or not) that is recoverable under Part 5.2 by means of deductions from the person’s social security payment.
1061A(5) Paragraph (4)(c) does not apply to a person:
(a) who is receiving a pension PP (single); and
(b) who applies for an advance payment within the period of 28 days after ceasing to be a member of a couple.
1061A(6) Paragraph (4)(d) does not apply to a person if:
(a) the debt the person owes to the Commonwealth arose as a result of the person’s parenting payment rate changing from benefit PP (partnered) to pension PP (single); and
(b) the amount of the debt is smaller than the amount of advance payment to which the person would be entitled under Division 4.
Division 2—Applying for advance payment
A person who wants an advance payment of a social security entitlement under this Part must apply for the advance payment in accordance with this Division.
1061C(1) The application must be in writing and must be in accordance with a form approved by the Secretary.
1061C(2) The application must specify the amount of advance payment sought.
1061D(1) The application must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
1061D(2) A place or person approved under subsection (1) must be a place or person in Australia.
1061D(3) The applicant must be in Australia when the application is lodged.
1061E Application may be withdrawn
1061E(1) An applicant for an advance payment or a person acting on behalf of an applicant may withdraw an application that has not been determined.
1061E(2) An application that is withdrawn is taken not to have been made.
1061E(3) A withdrawal may be made orally or in writing.
Division 3—Determination of application and payment of advance payment
1061EA Secretary to determine application
1061EA(1) The Secretary must determine the application in accordance with this Act.
1061EA(2) The Secretary must grant the application if the Secretary is satisfied that the person is qualified for the advance payment.
1061EB Payment of advance payment
1061EB(1) Subject to subsection (3), if the application is granted, the advance payment of the social security entitlement is to be paid on the next day on which the person is paid an instalment of the social security entitlement.
1061EB(2) Subject to subsection (3), the advance payment is to be paid as a single lump sum.
1061EB(3) The Secretary may determine that:
(a) an advance payment is to be paid on the day specified in the determination; or
(b) an advance payment is to be paid in the two instalments specified in the determination on the days specified in the determination.
Division 4—Amount of advance payment
1061ED Amount of advance payment—social security pensions
Application
1061ED(1) The amount of an advance payment of a social security pension is calculated according to this section.
Amount of advance
1061ED(2) Subject to section 1061EH, the amount of the advance payment is the smallest of the following amounts:
(a) the amount of advance payment sought;
(b) the maximum amount of advance payment payable to the person as worked out under subsection (3);
(c) $500.
Formula for maximum amount of advance under paragraph (2)(b)
1061ED(3) For the purposes of paragraph (2)(b), the maximum amount of advance payment payable to the person is the amount worked out using the following formula:
where:
annual payment rate is:
(a) if the person was receiving a social security pension on the last payday before the application for the advance payment was made—the rate at which the pension was payable under the relevant Pension Rate Calculator or Pension PP (Single) Rate Calculator (as the case requires) to the person on that payday, excluding any amount payable by way of remote area allowance; or
(b) if the person was receiving a benefit PP (partnered) on the last payday before the application for the advance payment was made—the rate at which pension PP (single) is payable to the person under the Pension PP (Single) Rate Calculator on the person’s first pension PP (single) payday after the application for the advance payment was made, excluding any amount payable by way of remote area allowance.
Rounding
1061ED(4) Amounts worked out under subsection (3) must be rounded to the nearest cent (rounding 0.5 cents upwards).
Example:
Facts: Geoff has, at all times during the past 5 months, been receiving age pension. His annual payment rate is $4,680. He applies for an advance payment of $290.
Application: The maximum amount of advance payment payable to Geoff is worked out under subsection (3) as follows: 6% $4680 = $280.80. This is the smallest of the 3 amounts referred to in subsection (2). Geoff can therefore be paid an advance payment of $280.80.
Application
1061EE(1) The amount of an advance payment of widow allowance, youth allowance, austudy payment, mature age allowance under Part 2.12B or newstart allowance is worked out according to this section.
Amount of advance
1061EE(2) Subject to section 1061EH, the amount of the advance payment is the smallest of the following amounts:
(a) the amount of advance payment sought;
(b) the maximum amount of advance payment payable to the person as worked out under subsection (3) or (4), as the case requires;
(c) $500.
Formula for maximum amount of advance: widow allowance and mature age allowance
1061EE(3) For the purpose of paragraph (2)(b), the maximum amount of advance payment of widow allowance or mature age allowance under Part 2.12B payable to the person is the amount worked out under the following formula:
Formula for maximum amount of advance: newstart allowance
1061EE(4) For the purpose of paragraph (2)(b), the maximum amount of advance payment of youth allowance, austudy payment or newstart allowance payable to the person is the amount worked out under the following formula:
Rounding
1061EE(5) Amounts worked out under subsection (3) or (4) must be rounded to the nearest cent (rounding 0.5 cents upwards).
Meaning of fortnightly payment rate
1061EE(6) For the purposes of the formulae in subsections (3) and (4):
fortnightly payment rate means the fortnightly rate of widow allowance, youth allowance, austudy payment, mature age allowance under Part 2.12B or newstart allowance (as the case requires) payable under Benefit Rate Calculator B to the person on the last payday before the application for the advance payment was made, excluding any amount payable by way of remote area allowance.
Example:
Facts: Veronique has, at all times in the past 4 months, been receiving widow allowance. Her fortnightly payment rate is $200. She applies for an advance payment of $300.
Result: The maximum amount of advance payment payable to Veronique is worked out under subsection (3) as follows:
The smallest of the 3 amounts referred to in subsection (2) is $300. Veronique can therefore be paid an advance payment of $300.
1061EH Minimum amount of advance payment
1061EH(1) An advance payment is not payable if it would be less than $250.
1061EH(2) Subsection (1) does not prevent payment of an advance payment in instalments of less than $250.
Example:
Facts: Sarah has, at all times during the past 14 weeks, been receiving pension PP (single). Her annual payment rate is $7,800. She applies for an advance payment of $470.
Application: The maximum amount of advance payment payable to Sarah is worked out under subsection 1061ED(3) as follows: 6% $7,800 = $468. The Secretary directs that the advance payment be paid in 2 equal instalments. Sarah therefore receives 2 instalments of $234 each.
Division 5—Payment of advance payment
1061EI Advance payment to be paid to person or nominee
1061EI(1) Subject to subsection (3), an advance payment of a person’s social security entitlement is to be paid to that person.
1061EI(2) The Secretary may direct that the whole or part of the advance payment of a person’s social security entitlement is to be paid to someone else on behalf of the person.
1061EI(3) If the Secretary makes a direction under subsection (2), the advance payment is to be paid in accordance with the direction.
1061EJ Payment into bank account etc.
1061EJ(1) An amount that is to be paid to a person under section 1061EI may only be paid in accordance with this section.
1061EJ(2) Subject to this section, the amount is to be paid, at the time or times worked out under section 1061EB, to the credit of a bank account nominated and maintained by the person.
1061EJ(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.
1061EJ(4) Where the person has not nominated an account for the purposes of subsection (2), then, subject to subsections (5) and (7), the amount is not to be paid.
1061EJ(5) Where:
(a) an amount has not been paid because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (2);
the amount is to be paid under subsection (2).
1061EJ(6) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).
1061EJ(7) If the Secretary gives a direction under subsection (6), the amount is to be paid in accordance with the direction.
Division 6—Protection of advance payment
1061EK Advance payment to be absolutely inalienable
Inalienability
1061EK(1) Subject to subsections (2) and (3) and section 1359, an advance payment under this Part is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
Note: The effect of a garnishee order on an advance payment of a social security entitlement is dealt with in the Part of this Chapter that deals with that social security entitlement. For example, the effect of a garnishee order on an advance payment of age pension is dealt with in Part 2.2 (which deals with age pension).
Payments to Commissioner of Taxation at recipient’s request
1061EK(2) The Secretary may make deductions from an advance payment payable to a person under this Part if the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: The Secretary must make deductions from a person’s social security payment if requested by the Commissioner of Taxation (see section 1359).
Deductions from advance payment with recipient’s consent
1061EK(3) The Secretary may make deductions from an advance payment payable to a person under this Part if the recipient consents under section 1234A to the Secretary making the deductions.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
Division 7—Repayment of advance payment
1061EL Repayment of advance payment
1061EL(1) If a person receives an advance payment or an instalment of an advance payment under this Part, the person must repay the advance payment or instalment to the Commonwealth by one or more of the following methods:
(a) deductions from the person’s social security entitlement under Chapter 3 (General provisions relating to payability and rates);
(b) a method provided for by Chapter 5 (Overpayments and debt recovery);
(c) a method (other than a method described in paragraph (a) or (b)) that is acceptable to both the person and the Secretary.
1061EL(2) Subsection (1) does not affect:
(a) the operation of subsection 1224E(1) (Debts arising from advance payments of social security entitlements); or
(b) the Secretary’s powers and duties under Part 5.4 (Non‑recovery of debts) if the amount of the advance payment or instalment that has not been repaid becomes a debt due to the Commonwealth.
Part 2.22A—Special employment advances
Division 1—Qualification for special employment advance
1061EM Qualification for special employment advance
1061EM(1) Subject to section 1061EO, a person is qualified for a special employment advance at a particular time (the relevant time) only if:
(a) the person is qualified for a special employment advance qualifying entitlement at the relevant time; and
(b) the person has been receiving an income support payment for a continuous period of 3 months immediately before the day on which the person’s application for the special employment advance is made; and
(c) either of the following applies:
(i) the person or, if the person is a member of a couple, the person’s partner has earned from casual work in Australia, but has not received, income (the unreceived income);
(ii) the Secretary is satisfied that the person has received a definite offer of employment in Australia (the offered employment) for a period of not less than 6 weeks and needs financial assistance from the Commonwealth to enable him or her to take up the employment; and
(d) subsection (2) or (3), as the case requires, applies for the purpose of determining whether the person is qualified for a special employment advance at the relevant time; and
(e) where subparagraph (c)(i) applies—the person is in severe financial hardship; and
(f) the Secretary is satisfied that the person will not suffer financial hardship as a result of the recovery by the Commonwealth of the special employment advance.
1061EM(2) This subsection applies for the purpose of determining whether a person is qualified for a special employment advance at the relevant time only where:
(a) the person’s application for the advance was based on the effect of the unreceived income on the person’s special employment advance qualifying entitlement; and
(b) the person is not a CDEP Scheme participant; and
(c) either of the following subparagraphs applies:
(i) if the person were qualified for the special employment qualifying entitlement on the next payday for the entitlement at a rate equal to the maximum basic rate of the entitlement, the rate of the entitlement on that payday would be reduced by at least 50% as a result of the person or the person’s partner having earned the unreceived income;
(ii) subparagraph (i) does not apply in respect of the person but, if the person were qualified for the special employment qualifying entitlement on 2 or more paydays for the entitlement at a rate equal to the maximum basic rate of the entitlement, the average of the rates of the entitlement on those paydays would be reduced by at least 50% as a result of the person or the person’s partner having earned the unreceived income.
1061EM(3) This subsection applies for the purpose of determining whether a person is qualified for a special employment advance at the relevant time only where the person’s application for the advance was based on the person’s need for financial assistance from the Commonwealth to enable him or her to take up the offered employment and:
(a) if the person were qualified for the special employment qualifying entitlement on each of the paydays for the entitlement that occur in the period of 6 weeks referred to in subparagraph (1)(c)(ii) at a rate equal to the maximum basic rate of the entitlement, the average of the rates of the entitlement on those paydays:
(i) would be reduced by at least 50% as a result of the person having taken up the offered employment; or
(ii) would be so reduced if Module J of the Youth Allowance Rate Calculator in section 1067G or Module E of the Austudy Payment Rate Calculator were disregarded; or
(b) the person would cease to be qualified for the special employment advance qualification upon his or her taking up the offered employment.
1061EN Meaning of in severe financial hardship
1061EN(1) For the purposes of paragraph 1061EM(1)(e) as it applies to a person who makes a claim for special employment advance, the person is in severe financial hardship if:
(a) where the person is not a member of a couple—the value of the person’s liquid assets (within the meaning of subsection 14A(1)) is less than the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the person; or
(b) where the person is a member of a couple—the value of the person’s liquid assets (within the meaning of subsection 14A(2)) is less than twice the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the person.
1061EN(2) If the person referred to in subsection (1) is a CDEP Scheme participant, then, in determining for the purposes of that subsection the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement payable to the person, the person’s maximum basic rate is taken to be the rate that would be that maximum basic rate if sections 408CG, 500W, 552C, 614A, 660YCH and 771HK had not been enacted.
1061EO Person not qualified in certain circumstances
1061EO(1) A person is not qualified for a special employment advance if:
(a) the person is qualified for an employment entry payment under Part 2.13 and has made a claim under section 665 in respect of the offered employment; or
(b) the lump sum amount, or the total of the amounts of the instalments, as the case may be, of the special employment advance to which the person would be entitled under Division 4 is less than $50; or
(c) the person owes a debt to the Commonwealth (whether arising under this Act or not) and the debt is recoverable under Part 5.2 by means of deductions from the person’s social security payment; or
(d) where subparagraph 1061EM(1)(c)(ii) applies in respect of the person—the person is participating in a program for the placing of people in employment and the program has been declared by the Secretary, in writing, to be a program to which this paragraph applies.
1061EO(2) A declaration under paragraph (1)(d) is a disallowable instrument.
Division 4—Amount of special employment advance
1061EW(1) This section applies where the claim was based on the effect of the unreceived income on the claimant’s special employment advance qualifying entitlement.
1061EW(2) Subject to section 1061EY, the total amount of the special employment advance payable to the claimant is to be the smallest of the following amounts:
(a) the amount sought in the claim for the advance;
(b) the amount by which the instalment, or the sum of the amounts by which the instalments, of the claimant’s special employment advance qualifying entitlement is or will be reduced because of the unreceived income;
(c) $500;
(d) if an amount of special employment advance previously paid to the claimant has not been repaid to, or recovered by, the Commonwealth—the difference between that amount and $500.
1061EX Where claim based on claimant’s need for financial assistance to take up offered employment
1061EX(1) This section applies where the claim was based on the claimant’s need for financial assistance to take up offered employment.
1061EX(2) Subject to the following provisions of this section and section 1061EY, the total amount of the special employment advance payable to the claimant is to be the smallest of the following amounts:
(a) the amount sought in the claim for the advance;
(b) the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment;
(c) $500.
1061EX(3) If:
(a) an amount of special employment advance previously paid to the claimant has not been repaid to, or recovered by, the Commonwealth; and
(b) the sum of:
(i) the amount referred to in paragraph (a); and
(ii) the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment;
is not more than $500;
the total amount of the special employment advance payable to the claimant is the amount referred to in subparagraph (b)(ii).
1061EX(4) If:
(a) an amount of special employment advance previously paid to the claimant has not been repaid to, or recovered by, the Commonwealth; and
(b) the sum of:
(i) the amount referred to in paragraph (a); and
(ii) the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment;
is more than $500;
the following paragraphs have effect:
(c) where the amount referred to in paragraph (a) is less than $500 and the claimant satisfies the Secretary that the claimant would have sufficient financial resources to enable him or her to take up the offered employment if the total amount of the special employment advance payable were an amount equal to the difference between $500 and the amount referred to in paragraph (a)—the total amount of the special employment advance payable to the claimant is an amount equal to that difference;
(d) where paragraph (c) does not apply—no amount of special employment advance is payable to the claimant.
1061EX(5) If:
(a) the claimant is not a member of a couple; and
(b) the value of the claimant’s liquid assets (within the meaning of subsection 14A(1)) exceeds the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the claimant;
the total amount of the special employment advance that, apart from this subsection, would be payable to the claimant under subsections (2) to (4) is reduced by the amount of the excess.
1061EX(6) If:
(a) the claimant is a member of a couple; and
(b) the value of the claimant’s liquid assets (within the meaning of subsection 14A(2)) exceeds twice the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the claimant;
the total amount of the special employment advance that, apart from this subsection, would be payable to the claimant under subsections (2) to (4) is reduced by the amount of the excess.
1061EX(7) In determining for the purposes of subsection (5) or (6) the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to a claimant who is a CDEP Scheme participant, the claimant’s maximum basic rate is taken to be the rate that would be that maximum basic rate if sections 408CG, 500W, 552C, 614A, 660YCH and 771HK had not been enacted.
1061EY Reduction of special employment advance by amount of any employment entry payment
If:
(a) a person claims a special employment advance; and
(b) an employment entry payment has been paid, or is payable, to the person in respect of the employment referred to in subparagraph 1061EM(1)(c)(i) or (ii);
the total amount of the special employment advance that, apart from this section, would be payable to the person is reduced by the amount of the employment entry payment.
Division 7—Repayment of special employment advance
1061EZC Repayment of special employment advance
1061EZC(1) If a person receives a special employment advance or an instalment of a special employment advance under this Part, the person must repay the special employment advance or instalment to the Commonwealth by one or more of the following methods:
(a) deductions from the person’s special employment advance qualifying entitlement under Chapter 3 (General provisions relating to payability and rates);
(b) a method provided for by Chapter 5 (Overpayments and debt recovery);
(c) a method (other than a method described in paragraph (a) or (b)) that is acceptable to both the person and the Secretary.
1061EZC(2) Subsection (1) does not affect the Secretary’s powers and duties under Part 5.4 (Non‑recovery of debts) if the amount of the special employment advance or instalment that has not been repaid becomes a debt due to the Commonwealth.
Part 2.23—Advance pharmaceutical allowance
Division 1—Qualification for and payability of advance pharmaceutical allowance
1061F Qualification for advance pharmaceutical allowance
1061F(1) A person is qualified for an advance pharmaceutical allowance if:
(a) the person is receiving a social security pension; and
(b) the Secretary is satisfied that the person’s ordinary income is not more than $20.50 per fortnight.
1061F(2) For the purposes of this section, a person’s ordinary income does not include:
(a) a payment:
(i) that the person is entitled to under the law of a foreign country; and
(ii) that results in the person’s social security pension rate being reduced by an amount equal to the amount of the payment; or
(b) a periodic compensation payment to which Part 3.14 applies.
1061F(3) For the purposes of this section, if a person is a member of a couple the amount of the person’s ordinary income is worked out by adding the couple’s ordinary incomes (on a fortnightly basis) and dividing by 2.
1061G Advance pharmaceutical allowance not payable in some circumstances
1061G(1) Even though a person is qualified for an advance pharmaceutical allowance, the allowance is not payable to the person if the person is not an Australian resident.
1061G(2) Even though a person is qualified for an advance pharmaceutical allowance, the allowance is not payable to the person if:
(a) the person is a member of a couple; and
(b) the person’s partner:
(i) is receiving an advance pharmaceutical allowance under the Veterans’ Entitlements Act; and
(ii) is not receiving a service pension.
Note: for Veterans’ Entitlements Act and service pension see subsection 23(1).
Division 3—Amount of advance pharmaceutical allowance
1061JC Amount of advance pharmaceutical allowance
Subject to section 1061JD, the amount of a person’s advance pharmaceutical allowance is:
where:
pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance that would be added to the person’s maximum basic rate if a pharmaceutical allowance advance were not being paid to the person.
Note: Pharmaceutical rates are to be found at:
(a) point 1064‑C8 of Pension Rate Calculator A;
(b) point 1065‑C8 of Pension Rate Calculator B;
(c) point 1066‑C7 of Pension Rate Calculator C;
(d) point 1066A‑D8 of Pension Rate Calculator D;
(e) point 1066B‑D8 of Pension Rate Calculator E;
(f) point 1068A‑C7 of Pension PP (Single) Rate Calculator.
1061JD(1) The amount paid to a person in a calendar year by way of:
(a) pharmaceutical allowance; and
(b) advance pharmaceutical allowance;
is not to exceed the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.
Note: for the amount paid to a person by way of pharmaceutical allowance see subsections 19A(2) to (6).
1061JD(2) In this section:
advance pharmaceutical allowance includes advance pharmaceutical allowance under the Veterans’ Entitlements Act.
pharmaceutical allowance includes pharmaceutical allowance under the Veterans’ Entitlements Act or the Military Rehabilitation and Compensation Act.
Division 1—Qualification for crisis payment
1061JG Qualification—release from gaol or psychiatric confinement
A person is qualified for a crisis payment if, after the commencement of this section:
(a) the person is released from gaol, or from psychiatric confinement that the person was undergoing because he or she had been charged with committing an offence, after spending at least 14 days in gaol or such confinement; and
(b) the person claims the crisis payment either while the person was in gaol or psychiatric confinement, or within 7 days after being released; and
(c) on the day on which the claim for the crisis payment is made (including the day on which it is taken to have been made under Schedule 2 to the Administration Act:
(i) the person is qualified for a social security pension or social security benefit; and
(ii) the person is in severe financial hardship (see section 19D).
1061JH Qualification—extreme circumstances forcing departure from home
1061JH(1) A person is qualified for a crisis payment if, after the commencement of this section:
(a) the person has left, or cannot return to, his or her home because of an extreme circumstance; and
(b) the extreme circumstance makes it unreasonable to expect the person to remain in, or return to, the home; and
(c) the person has established, or intends to establish, a new home; and
(d) at the time the extreme circumstance occurred, the person was in Australia; and
(e) the person makes a claim for a crisis payment within 7 days after the extreme circumstance occurred; and
(f) on the day on which the claim is made:
(i) the person is in severe financial hardship (see section 19D); and
(ii) the person has made a claim (whether on the same day or on an earlier day) for a social security pension or benefit and the person is qualified for the pension or benefit; and
(g) during the 12 months immediately preceding the day on which the claim is made, no more than 3 crisis payments have been payable to the person.
Note: Examples of extreme circumstances that would qualify a person for crisis payment are the person’s house being burnt down, or the person being subjected to domestic or family violence.
1061JH(2) A person is not qualified for a crisis payment in respect of an extreme circumstance if the Secretary is satisfied that the extreme circumstance is brought about with a view to obtaining a crisis payment.
1061JJ Crisis payment not payable in addition to disaster relief payment
A crisis payment is not payable to a person in respect of an extreme circumstance if the person is qualified for a disaster relief payment (whether under this Act or otherwise) in respect of the same extreme circumstance.
1061JK Crisis payment not payable if assurance of support in force
A person is not qualified for a crisis payment if the Secretary is satisfied that at the time the person would otherwise have been qualified for crisis payment:
(a) an assurance of support was in force in respect of the person (the assuree); and
(b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and
(c) it was reasonable for the assuree to accept that support.
Note: For assurance of support see subsection 23(1).
Division 2—Claim for crisis payment
1061JL(1) A person who wants to be granted a crisis payment must make a proper claim for that payment.
1061JL(2) For the purposes of subsection (1), if:
(a) a claim for a crisis payment is made by or on behalf of a person; and
(b) the claim is based on the qualifications set out in section 1061JH; and
(c) at the time when the claim is made, the claim cannot be granted because the person is not qualified for the payment;
the claim is taken not to have been made.
To be a proper claim, a claim must be in writing and must be in accordance with a form approved by the Secretary.
1061JN Lodgment of claim and day on which claim taken to be lodged
1061JN(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
1061JN(2) A place or person approved under subsection (1) must be a place or person in Australia.
1061JN(3) If:
(a) a person who is in gaol or in psychiatric confinement lodges a claim for a crisis payment; and
(b) the person is not, on the day on which the claim is lodged, qualified for the crisis payment; and
(c) the person becomes qualified for the crisis payment within 21 days after the day on which the claim is lodged;
the claim is taken to have been made on the first day the person becomes qualified for the crisis payment.
1061JN(4) If:
(a) a person contacts the Department in relation to his or her claiming a social security payment; and
(b) the person is, on the day on which he or she contacts the Department, qualified for crisis payment and in Australia; and
(c) the person lodges a claim for crisis payment within 14 days after he or she contacts the Department; and
(d) the Department has a record of the person contacting the Department;
the person is taken to have made a claim for crisis payment on the day on which he or she contacted the Department.
1061JN(5) In this section:
contacts the Department includes contacts the Department by post or telephone or by the transmission of a message by the use of facsimile, computer equipment or any other electronic means.
1061JP Claimant must be in Australia
A claim by a person is not a proper claim unless the person is in Australia on the day on which the claim is lodged.
1061JQ(1) A claimant for a crisis payment or a person on behalf of a claimant may withdraw a claim that has not been determined.
1061JQ(2) A claim that is withdrawn is taken to have not been made.
1061JQ(3) A withdrawal may be made orally or in writing.
Division 3—Determination of claim
1061JR Secretary to determine claim
The Secretary must, in accordance with this Act, determine the claim.
The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for a crisis payment; and
(b) the crisis payment is payable.
1061JT Date of effect of determination
1061JT(1) Subject to subsections (2), (3) and (4), a determination under section 1061JR takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
1061JT(2) If:
(a) a decision (the previous decision) is made rejecting a person’s claim for crisis payment; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
1061JT(3) If:
(a) a decision (the previous decision) is made rejecting a person’s claim for crisis payment; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.
1061JT(4) If:
(a) a decision ( the previous decision) is made rejecting a person’s claim for crisis payment; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
Division 4—Amount of crisis payment
1061JU(1) Subject to subsection (2), the amount of a crisis payment payable to a person is half the fortnightly amount at the maximum basic rate of the social security pension or social security benefit that is payable to the person.
1061JU(2) If a person is a CDEP Scheme participant, the amount of a crisis payment payable to the person is half the fortnightly amount at the maximum basic rate of the social security pension or social security benefit that the person is taken to be receiving under section 1188H.
Note: For CDEP Scheme participant see section 1188B.
1061JU(3) If, under section 1188H, the person is taken to be receiving more than one social security pension or social security benefit, the person is taken, for the purposes of subsection (2), to be receiving the pension or benefit with the higher maximum basic rate.
1061JU(4) In this section:
maximum basic rate, in relation to each of the following social security payments, means (unless otherwise stated below) the rate worked out at Module B of the relevant Rate Calculator:
(a) for the following pensions if the recipient is not blind:
(i) age pension;
(ii) disability support pension (recipient has turned 21);
(iii) carer pension;
(iv) wife pension;
the Rate Calculator at the end of section 1064; or
(b) for age pension and disability support pension (recipient has turned 21) if the recipient is blind—the Rate Calculator at the end of section 1065; or
(c) for widow B pension—the Rate Calculator at the end of section 1066; or
(d) for disability support pension if the recipient is under 21 and not blind—the Rate Calculator at the end of section 1066A; or
(e) for disability support pension if the recipient is under 21 and is blind—the Rate Calculator at the end of section 1066B; or
(f) for the following allowances:
(i) newstart allowance;
(ii) widow allowance;
(iii) sickness allowance;
(iv) partner allowance;
(v) mature age allowance granted under Part 2.12B;
the Rate Calculator at the end of section 1068; or
(g) for mature age allowance granted under Part 2.12A—the Rate Calculator at the end of section 1064; or
(h) for a pension PP (single)—the Rate Calculator at the end of section 1068A; or
(i) for benefit PP (partnered)—Module C of the Rate Calculator at the end of section 1068B; or
(j) for mature age partner allowance—the Rate Calculator at the end of section 1064; or
(k) for special benefit—section 746; or
(l) for youth allowance—the Rate Calculator at the end of section 1067G; or
(m) for austudy payment—Step 3 of the Method statement in Module A of the Rate Calculator at the end of section 1067L.
Division 5—Payment of crisis payment
1061JV Payment into bank account
1061JV(1) An amount that is to be paid to a person under Division 4 is to be paid in the manner set out in this section.
1061JV(2) Subject to this section, the amount is to be paid to the credit of a bank account nominated and maintained by the person.
1061JV(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.
1061JV(4) The Secretary may direct that the whole or part of the amount be paid to the person in a different way from that provided for by subsection (2).
1061JV(5) If the Secretary gives a direction under subsection (2), the amount is to be paid in accordance with the direction.
Division 6—Protection of crisis payment
1061JW Crisis payment to be absolutely inalienable
1061JW(1) Subject to subsections (2) and (3) and section 1359, a crisis payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
1061JW(2) The Secretary may make a deduction from a crisis payment payable to a person if the person asks the Secretary;
(a) to make the deduction; and
(b) to pay the amount to be deducted to the Commissioner of Taxation.
Note: The Secretary must make a deduction from a person’s crisis payment if requested by the Commissioner of Taxation (see section 1359).
1061JW(3) The Secretary may make a deduction from a person’s crisis payment if the person consents under section 1234A to the Secretary making that deduction.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
1061JX Effect of garnishee or attachment order
If:
(a) a person has an account with a financial institution; and
(b) a court order in the nature of a garnishee order comes into force in respect of the account; and
(c) a crisis payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4‑week period immediately before the court order came into force;
the court order does not apply to the amount of the crisis payment in the account.
Part 2.24—Disaster relief payment
1061K Qualification for disaster relief payment
A person is qualified for a disaster relief payment if:
(a) because of a major disaster:
(i) a person’s principal residence is severely damaged; or
(ii) there is a significant interruption to a person’s source of livelihood; and
(b) when the person was affected by the disaster, he or she:
(i) was residing in Australia; and
(ii) was not an unlawful non‑citizen within the meaning of the Migration Act 1958.
Note: for major disaster see subsection 23(1).
1061P(1) The amount of a disaster relief payment payable to a person who is a member of a couple is the sum of:
(a) the rate per fortnight for Item 3 in Table B of point 1064‑B1 (maximum basic rate); and
(b) the person’s daily rate of family tax benefit worked out in subsection (3), multiplied by 14; and
(c) the applicable rate for item 2 of the table in section 1070L (rent assistance).
1061P(2) The amount of a disaster relief payment payable to a person who is not a member of a couple is the sum of:
(a) the rate per fortnight for item 1 in Table B of point 1064‑B1 (maximum basic rate); and
(b) the person’s daily rate of family tax benefit worked out in subsection (3), multiplied by 14; and
(c) the applicable rate for item 1 of the table in section 1070L (rent assistance).
Note 1: if a person is receiving a social security pension or a social security benefit, the disaster relief payment is in addition to the person’s normal payments.
Note 2: if a person claims a social security pension or a social security benefit as a result of a major disaster within 2 weeks of claiming a disaster relief payment, he or she will be paid as from the date he or she was affected by the disaster, in addition to the disaster relief payment.
1061P(3) A person’s daily rate of family tax benefit is calculated in accordance with the following formula and then rounded in accordance with subsection 58(3) of the Family Assistance Act:
where:
base rate of FTB means the base rate of family tax benefit for the person under clause 4 of Schedule 1 to the Family Assistance Act.
maximum rate of FTB means the maximum rate of family tax benefit for the person under step 1 of clause 3 of Schedule 1 to the Family Assistance Act.
Part 2.24A—Pensioner education supplement
Division 1—Qualification for pensioner education supplement
1061PA Qualification for pensioner education supplement
A person is qualified for a pensioner education supplement if the person:
(a) is undertaking qualifying study (see Subdivision B); and
(b) is receiving a payment attracting pensioner education supplement (see Subdivision C); and
(c) is of pensioner education supplement age (see Subdivision D); and
(d) meets the residency requirements under Subdivision E.
Note: Division 2 sets out situations in which pensioner education supplement is not payable even if the person qualifies for it.
Subdivision B—Undertaking qualifying study
1061PB Undertaking qualifying study
General
1061PB(1) For the purposes of this Part, a person is undertaking qualifying study if the Secretary is satisfied that:
(a) the person:
(i) is enrolled in a course of education at an educational institution; or
(ii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re‑enrol in the course when re‑enrolments in the course are next accepted; or
(iii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and
(b) the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 1061PC); and
(c) the person is a full‑time student or a concessional study‑load student in respect of that course (see sections 1061PD and 1061PE); and
(d) the person satisfies the progress rules (see sections 1061PH and 1061PI).
Persons not undertaking qualifying study
1061PB(2) A person is not undertaking qualifying study if the person:
(a) is employed on a full‑time basis as an apprentice or trainee under an industrial instrument or the AFPCS, and has a training agreement (however described) with a training authority (by whatever name called) of a State or Territory; or
(b) has completed a course for:
(i) a degree of Master or Doctor at an educational institution; or
(ii) a qualification at a foreign institution that is, in the Secretary’s opinion, of the same standing as a degree of Master or Doctor at an educational institution.
Note: For educational institution see subsection 23(1).
Taken to be undertaking qualifying study from 1 January
1061PB(3) For the purpose of subsection (1), a person is taken to have been undertaking qualifying study from 1 January in a particular year if:
(a) the person is enrolled in a course of education that is a full year course starting before 1 April in that year; and
(b) the person starts his or her full year course before that day; and
(c) either:
(i) the person did not undertake full‑time or part‑time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or
(ii) the person did not undertake full‑time or part‑time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person’s illness or to other circumstances beyond the person’s control.
Taken to be undertaking qualifying study from 1 July
1061PB(4) For the purpose of subsection (1), a person is taken to have been undertaking qualifying study from 1 July in a particular year if:
(a) the person is enrolled in a course of education that is a full year course starting on or after 1 July in that year; and
(b) the person starts his or her full year course on or after that day; and
(c) either:
(i) the person did not undertake full‑time or part‑time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or
(ii) the person did not undertake full‑time or part‑time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person’s illness or to other circumstances beyond the person’s control.
Taken to be undertaking qualifying study until 31 December
1061PB(5) For the purpose of subsection (1), a person is taken to be undertaking qualifying study until the end of 31 December in a particular year if:
(a) the person completes his or her course of education after 15 September but before 31 December in that year; and
(b) the person’s course of education is a full year course or a late starting course.
Industrial instruments
1061PB(6) In paragraph (2)(a):
AFPCS means the Australian Fair Pay and Conditions Standard within the meaning of the Workplace Relations Act 1996.
industrial instrument means an award or agreement (however described) that:
(a) is made under or recognised by a law of the Commonwealth or of a State or Territory that:
(i) regulates the relationships between employers and employees; or
(ii) provides for the prevention or settlement of disputes between employers and employees; and
(b) concerns the relationship between an employer and the employer’s employees, or provides for the prevention or settlement of a dispute between an employer and the employer’s employees.
1061PC Approved course of education or study
For the purposes of paragraph 1061PB(1)(b), a course is an approved course of education or study if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course or a tertiary course for the purposes of that Act.
For the purposes of this Subdivision, a person is a full‑time student in respect of a course if:
(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least three quarters of the normal amount of full‑time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least three quarters of the normal amount of full‑time study in respect of the course for that period.
Note: For normal amount of full‑time study see section 1061PF.
1061PE Concessional study‑load students
1061PE(1) For the purposes of this Subdivision, there are 2 classes of concessional study‑load students, namely:
(a) 25% concessional study‑load students; and
(b) 66% concessional study‑load students.
1061PE(2) For the purposes of this Subdivision, a person is a 25% concessional study‑load student in respect of a course if this subsection applies to the person and:
(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least one quarter, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least one quarter, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period.
1061PE(3) For the purposes of this Subdivision, a person is a 66% concessional study‑load student in respect of a course if this subsection applies to the person and:
(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least two thirds, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period; or
(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least two thirds, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period.
Note: For normal amount of full‑time study see section 1061PF.
1061PE(4) Subsection (2) applies to a person if:
(a) an officer in the Commonwealth Rehabilitation Service or an appropriate medical practitioner who has a detailed knowledge of the person’s physical condition has stated in writing that:
(i) the person has a substantial physical disability; and
(ii) the person cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or
(b) a medical practitioner specialising in psychiatry has stated in writing that:
(i) the person has a substantial psychiatric disability; and
(ii) the person cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or
(c) a psychologist who is registered with the Australian Psychologist Society has stated in writing that the person:
(i) has an intellectual disability; and
(ii) cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or
(d) the person is receiving:
(i) a disability support pension, a carer payment or a pension PP (single) under this Act; or
(ii) an invalidity service pension or a carer service pension under the Veterans’ Entitlements Act; or
(e) the person has a dependent child aged less than 16 years and:
(i) is receiving a widow B pension under this Act; or
(ii) is a sole parent and is receiving a special benefit under this Act; or
(iii) is receiving a widow allowance under this Act; or
(iv) is receiving a pension under Part II of the Veterans’ Entitlements Act; or
(v) is receiving pension under Part IV of the Veterans’ Entitlements Act; or
(vi) has received, or is entitled to receive, compensation for permanent impairment under section 68, 71 or 75 of the Military Rehabilitation and Compensation Act; or
(vii) is receiving a Special Rate Disability Pension under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act; or
(viii) is receiving, or has received, compensation mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act.
1061PE(5) Subsection (3) applies to a person if:
(a) the person cannot undertake the course as a full‑time student because of:
(i) the relevant educational institution’s usual requirements for the course; or
(ii) a specific direction in writing to the person from the academic registrar or an equivalent officer; or
(b) the academic registrar (or an equivalent officer) of the relevant educational institution recommends in writing that the person undertake less than the normal amount of full‑time study in respect of the course for specified academic or vocational reasons for a period not exceeding half an academic year.
1061PF Normal amount of full‑time study
1061PF(1) For the purposes of this Subdivision, the normal amount of full‑time study in respect of a course is:
(a) if:
(i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and
(ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;
the full‑time student load for the course; or
(b) if the course is not such a course and the institution defines an amount of full‑time study that a full‑time student should typically undertake in respect of the course—the amount so defined; or
(c) otherwise—an amount of full‑time study equivalent to the average amount of full‑time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.
1061PF(2) Without limiting subsection (1), the normal amount of full‑time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
1061PG First fortnight of classes
A person is taken to be undertaking full‑time study or a concessional study‑load (as the case may be) in respect of a course during the period (the relevant period):
(a) starting on the first day of classes in a study period; and
(b) ending on the Friday of the second week of classes in the study period;
if the person is enrolled in the course and undertakes study in respect of the course on at least one day in the relevant period.
1061PH Progress rules—secondary students
General rule
1061PH(1) Subject to subsection (2), a person enrolled in, or intending to enrol in, a secondary course satisfies the progress rules for the purposes of paragraph 1061PB(1)(d) if, in the Secretary’s opinion, the person is making satisfactory progress towards completing the course.
Students repeating year 12
1061PH(2) A person does not satisfy the progress rules if:
(a) the person is enrolled in a secondary course that is at year 12 level, or the overall level of which is at year 12 level (see subsections (3) and (4)); and
(b) the person has been a full‑time student in respect of a course at that level (a previous course) in each of 2 previous years; and
(c) none of the following circumstances apply:
(i) the person failed a previous course because of an illness that had not been diagnosed when the person began that course;
(ii) the person failed a previous course because of other circumstances beyond the person’s control that were not apparent when the person began that course;
(iii) the person failed a previous course because English is not the person’s native language;
(iv) the person completed or discontinued a previous course within 6 months after the relevant academic year started;
(v) each of the previous courses was undertaken more than 10 years before the present study.
Course at year 12 level
1061PH(3) A secondary course is at year 12 level if the institution in which the course is undertaken regards it as being at year 12 level.
Overall level of course at year 12 level
1061PH(4) The overall level of a secondary course is at year 12 level if the institution in which the course is undertaken regards at least 50% of the course as being at year 12 level.
Meaning of secondary course
1061PH(5) For the purposes of this section, a course is a secondary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.
1061PI Progress rules—tertiary students
Full‑time students
1061PI(1) A person who is a full‑time student in respect of a tertiary course satisfies the progress rules if:
(a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or
(b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;
the time already spent by the student on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for that course.
Note: For allowable study time for a course see subsection (3).
Concessional study‑load students
1061PI(2) A person who is a concessional study‑load student in respect of a tertiary course satisfies the progress rules if:
(a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or
(b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;
the time already spent by the person on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for the course.
Note: For allowable study time for a course see subsections (3) and (4).
Allowable study time—full‑time students and 66% concessional study‑load students
1061PI(3) The allowable study time for a course undertaken by a full‑time student or a 66% concessional study‑load student is:
(a) if the minimum amount of time needed to complete the course as a full‑time student is one year or less—that minimum amount of time; or
(b) if the minimum amount of time needed to complete the course as a full‑time student is more than 1 year and:
(i) the student is enrolled, or intends to enrol, in a year‑long subject; or
(ii) the student’s further progress in the course depends on passing a whole year’s work in the course;
the minimum amount of time plus 1 year; or
(c) in any other case—the minimum amount of time needed to complete the course as a full‑time student plus half an academic year.
Allowable study time—25% concessional study‑load students
1061PI(4) The allowable study time for a course undertaken by a 25% concessional study‑load student is twice the minimum period in which it is possible to complete the course as a full‑time student.
Time spent by person studying part‑time
1061PI(5) If a student has studied part‑time for a course over a certain period, the time spent by the student on that course is taken to be the proportion of that period calculated by using the formula:
where:
normal full‑time study means the normal amount of full‑time study for the course.
study undertaken means the amount of study undertaken part‑time by the student for the course.
Current full‑time students who have previously undertaken courses as concessional study‑load students
1061PI(6) If:
(a) a person is undertaking a course as a full‑time student; and
(b) the person has previously undertaken:
(i) part of the course; or
(ii) one or more than one other course at the same level as that course;
as a concessional study‑load student; and
(c) the time spent by the person undertaking the part of the course referred to in subparagraph (b)(i), or the course or courses referred to in subparagraph (b)(ii), (the previous study) is not to be disregarded under subsection (7);
the time spent by the person undertaking the previous study is taken to be equal to the minimum amount of time that a full‑time student would have taken to complete the previous study.
Matters to be disregarded in determining whether someone has exceeded the allowable study time
1061PI(7) In determining whether a person has exceeded the allowable study time (for a full‑time student or a concessional study‑load student), disregard the following:
(a) if the person has completed a course (a pre‑requisite course), the completion of which is the normal requirement for admission to the course in which the person is enrolled, or intends to enrol—time spent undertaking the pre‑requisite course;
(b) a failed year of study, or a failed part of a year of study, if the failure is because of:
(i) the person’s illness; or
(ii) other circumstances beyond the person’s control;
(c) time spent undertaking a course that has been permanently discontinued because of:
(i) the person’s illness; or
(ii) other circumstances beyond the person’s control;
(d) time spent undertaking a course that has been completed but which, because of the person’s illness, the person cannot use in any of the trades or profession to which the course is appropriate;
(e) time spent undertaking a TAFE course if the normal length of the course for a full‑time student is one year or less;
(f) time spent undertaking a course more than 10 years ago, unless the course has since been completed;
(g) time spent undertaking a course after 1973 if the course was not:
(i) approved for the Tertiary Education Assistance Scheme; or
(ii) approved for the AUSTUDY scheme; or
(iii) an approved course for the purposes of paragraph 541B(1)(c), 569A(b) or 1061PB(1)(b) of this Act;
(h) time spent undertaking a course at a foreign institution;
(i) time spent undertaking a subject from which the student withdrew, if the educational institution in which the subject was undertaken did not record the withdrawal from the subject as a failure;
(j) any time spent undertaking a course during which the person was ineligible to receive:
(i) AUSTUDY; or
(ii) a benefit under the Tertiary Eduction Assistance Scheme; or
(iii) youth allowance; or
(iv) austudy payment;
because of the application of rules in respect of academic progress.
Levels of tertiary courses
1061PI(8) There are 4 levels of tertiary courses—levels A, B, C and D.
Level A courses
1061PI(9) The following are Level A courses:
(a) a postgraduate bachelor degree course, with or without honours;
(b) a graduate or postgraduate diploma course;
(c) a course of practical legal training at a higher education institution;
(d) a course of advanced education regarded by an accrediting authority as being at PG1 level;
(e) a graduate certificate course.
Level B courses
1061PI(10) The following are Level B courses:
(a) a bachelor degree course (other than a postgraduate course), with or without honours;
(b) the bachelor level component of a masters degree course with concurrent bachelor and masters level study;
(c) a diploma course other than:
(i) a graduate or postgraduate diploma course; or
(ii) a course for which an entry requirement is successful completion of year 10 of secondary studies; or
(iii) a TAFE course;
(d) a Master’s qualifying course;
(e) the Barristers or Solicitors Admission Board’s course;
(f) a course of advanced education regarded by an accrediting authority as being at UG1 or UG2 level.
Level C courses
1061PI(11) The following are Level C courses:
(a) an associate degree course;
(b) an associate diploma course;
(c) a diploma course at a TAFE institution for which an entry requirement is successful completion of year 12 of secondary studies;
(d) a 2‑year undergraduate diploma course.
Level D courses
1061PI(12) The following are Level D courses:
(a) a TAFE course at a higher education institution;
(b) a TAFE course, unless the course is in Level A, B or C.
Meaning of tertiary course
1061PI(13) For the purposes of this section, a course is a tertiary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a tertiary course for the purposes of that Act.
Subdivision C—Payments attracting pensioner education supplement
1061PJ Payments attracting pensioner education supplement
General
1061PJ(1) A person is receiving a payment attracting pensioner education supplement if the person is receiving:
(a) a payment under this Act set out in subsection (2); or
(b) a pension under the Veterans’ Entitlements Act set out in subsection (3); or
(c) in the case of a person who has a dependent child—compensation under the Military Rehabilitation and Compensation Act set out in subsection (4).
Payments under this Act
1061PJ(2) The payments under this Act are the following:
(a) a disability support pension;
(b) in the case of a person whose partner is receiving a disability support pension—a wife pension;
(c) a carer payment;
(d) a pension (PP) single;
(e) a widow B pension;
(f) a widow allowance;
(g) in the case of a person who is a sole parent—a special benefit;
(h) a rehabilitation allowance payable under clause 35 of Schedule 1A.
Pensions under the Veterans’ Entitlements Act
1061PJ(3) The pensions under the Veterans’ Entitlements Act are the following:
(a) in the case of a person who has a dependent child—a pension under Part II of that Act;
(b) an invalidity service pension;
(ba) income support supplement;
(c) in the case of a person whose partner is receiving an invalidity service pension—a partner service pension;
(d) a carer service pension;
(e) in the case of a person who has a dependent child—a pension under Part IV of that Act.
Compensation under the Military Rehabilitation and Compensation Act
1061PJ(4) For a person who has a dependent child, the compensation under the Military Rehabilitation and Compensation Act is the following:
(a) compensation for permanent impairment paid as a weekly amount under section 68, 71 or 75 of the Military Rehabilitation and Compensation Act;
(b) a Special Rate Disability Pension under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act;
(c) compensation of a weekly amount mentioned in subparagraph 234(1)(b)(ii) of the Military Rehabilitation and Compensation Act.
Subdivision D—Pensioner education supplement age
1061PK Pensioner education supplement age
For the purposes of this Part, a person is of pensioner education supplement age if the person:
(a) is at least 16 years old; or
(b) is independent and has reached the minimum school leaving age for the State or Territory in which the person is living.
1061PL When a person is regarded as independent
Application
1061PL(1) This section applies to determine whether a person is to be regarded as independent for the purposes of this Part. A person is not to be regarded as independent except as provided by this section.
Person with a dependent child
1061PL(2) A person is independent if:
(a) the person has a natural or adopted child who is wholly or substantially dependent on the person or his or her partner; or
(b) the person previously had a natural or adopted child who was wholly or substantially dependent on the person or on a person who, at the time, was the person’s partner.
Orphan
1061PL(3) A person is independent if both the person’s parents are dead, whether or not the person is dependent, or was last dependent, on someone other than his or her parents.
If parents cannot exercise responsibilities
1061PL(4) A person is independent if both of the person’s parents are (or, if the person has only one parent, that parent is):
(a) serving a prison sentence of at least 10 years; or
(b) mentally incapacitated and likely to remain so incapacitated for an indefinite period; or
(c) living in a nursing home and likely to remain there for an indefinite period; or
(d) missing;
whether or not the person is dependent, or was last dependent, on someone other than a parent of the person.
Refugee
1061PL(5) A person is independent if the person:
(a) is the holder, within the meaning of the Migration (1993) Regulations, of a Group 1.3 entry permit (permanent resident) (refugee and humanitarian); or
(b) while the holder of such a permit, was granted Australian citizenship.
However, a person is not independent under this subsection if the person has a parent living in Australia, or is wholly or substantially dependent on someone else on a long‑term basis.
Person in State care
1061PL(6) A person is independent if the person is not living with a parent, and:
(a) the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or
(b) there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person’s parent; or
(c) the person stopped being in a situation described in paragraph (a) or (b) only because of his or her age.
A person to whom this subsection applies is taken, for the purposes of this Part, to be in State care.
Unreasonable to live at home
1061PL(7) A person is independent if:
(a) the person cannot live at the home of either or both of his or her parents:
(i) because of extreme family breakdown or other similar exceptional circumstances; or
(ii) because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her physical or mental well‑being due to violence, sexual abuse or other similar exceptional circumstances; and
(b) the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person or from another person who is acting as the person’s guardian on a long‑term basis; and
(c) the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.
For the purposes of this Part, a person meets the residency requirements if the person:
(a) is an Australian resident; and
(b) subject to section 1061PN, is in Australia.
1061PN Absence of persons overseas
General
1061PN(1) A person who is undertaking qualifying study is taken to be in Australia while the person:
(a) is absent from Australia for the purpose of undertaking part of the studies for the course of education in respect of which the person is undertaking qualifying study; or
(b) is absent from Australia, for any other purpose, for not more than 13 weeks.
Temporary return to Australia
1061PN(2) If the person:
(a) returns to Australia after having been outside Australia (whether before or after the commencement of this section) for more than 13 weeks; and
(b) leaves Australia before the end of 13 weeks after he or she so returned to Australia;
the person is taken to have continued to be absent from Australia throughout the period from the time of the person’s return to the time when the person so left Australia.
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
A pensioner education supplement is not payable to a person while the person is subject to a newly arrived resident’s waiting period (see sections 1061PU and 1061PV).
1061PU Newly arrived resident’s waiting period
Basic rule
1061PU(1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person:
(a) has entered Australia on or after 4 March 1997; and
(b) has not been an Australian resident in Australia for a period of, or periods totalling, 104 weeks.
Note: For Australian resident see subsection 7(2).
Exception—qualifying resident exemption
1061PU(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.
Note: For qualifying residence exemption see subsection 7(6).
Exception—person already subject to waiting period etc.
1061PU(3) Subsection (1) does not apply to a person if:
(a) the person has been subject to:
(i) a newly arrived resident’s waiting period under this Act; or
(ii) a waiting period under Part 2 of the Student Assistance Act 1973 as in force immediately before 1 July 1998; or
(iii) a newly arrived resident’s waiting period under Part 8 of the Student Assistance Act 1973 as in force immediately before 1 July 1998; and
(b) that period has ended.
1061PU(4) Subsection (1) does not apply to a person if:
(a) the person would:
(i) if the person had made a claim under this Act for a social security payment other than youth allowance—have been subject to a newly arrived resident’s waiting period under this Act; or
(ii) if the person had, before 1 July 1998, made a claim under the Student Assistance Act 1973—have been subject to a waiting period under Part 2 of that Act or a newly arrived resident’s waiting period under Part 8 of that Act;
and that period would have ended; or
(b) the person has had:
(i) a qualifying residence exemption for a newstart allowance or a sickness allowance under this Act; or
(ii) a qualifying residence exemption for a youth training allowance under the Student Assistance Act 1973; or
(c) in the case of an AUSTUDY allowance recipient—the person was not subject to a waiting period.
1061PV Length of newly arrived resident’s waiting period
If a person is subject to a newly arrived resident’s waiting period, the period:
(a) starts on the day on which the person first entered Australia; and
(b) ends when the person has been an Australian resident in Australia for a period of, or periods totalling, 104 weeks after that day.
Note: For Australian resident see subsection 7(2).
Subdivision D—Multiple entitlement exclusion
1061PW Meaning of multiple entitlement exclusion
For the purposes of this Division, a person is subject to a multiple entitlement exclusion if the person is receiving a pensioner education supplement under the ABSTUDY scheme.
1061PX Multiple entitlement exclusion
A pensioner education supplement is not payable to a person if the person is subject to a multiple entitlement exclusion.
Division 5—Rate of pensioner education supplement
1061PZG Rate of pensioner education supplement
1061PZG(1) If a person:
(a) is a sub‑50% concessional study‑load student in respect of a course; and
(b) is not receiving any of the following:
(i) a disability support pension under this Act;
(ii) an invalidity service pension under the Veterans’ Entitlements Act;
(iii) an income support supplement under the Veterans’ Entitlements Act granted on the ground set out in subparagraph 45A(1)(b)(iii) of that Act;
the pensioner education supplement fortnightly rate for the person is $31.20.
1061PZG(2) The pensioner education supplement fortnightly rate for a person to whom subsection (1) does not apply is $62.40.
1061PZG(3) The rate of pensioner education supplement for a person is a daily rate worked out by dividing the person’s fortnightly rate by 14.
1061PZG(4) For the purposes of this section, a person is a sub‑50% concessional study‑load student in respect of a course if the person is a 25% concessional study‑load student in respect of the course for the purposes of Subdivision B of Division 1 of this Part who is undertaking, or who intends to undertake, less than one half of the normal amount of full‑time study, determined in accordance with section 1061PF, in respect of that course.
Division 1—Qualification for and payability of telephone allowance
1061Q Qualification for telephone allowance
1061Q(1) A person is qualified for a telephone allowance if:
(a) the person is receiving a social security pension; and
(c) the person is a telephone subscriber.
Note 1: for telephone subscriber see subsection (5).
1061Q(3) A person is qualified for a telephone allowance if:
(a) the person is receiving widow allowance newstart allowance, sickness allowance, partner allowance, benefit PP (partnered) or special benefit; and
(b) the person has been receiving income support payments in respect of a continuous period of at least 9 months; and
Note 1: For income support payment see subsection 23(1).
Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.
(c) the person has turned 60; and
(d) the person is a telephone subscriber.
Note: for telephone subscriber see subsection (5).
1061Q(3A) A person is qualified for telephone allowance if:
(a) the person is receiving partner allowance or benefit PP (partnered); and
(b) the person is a telephone subscriber; and
(c) the person’s partner has turned 60; and
(d) the person’s partner is receiving job search allowance, newstart allowance or sickness allowance; and
(e) the person’s partner has been receiving income support payments in respect of a continuous period of at least 9 months.
Note 1: For income support payment see subsection 23(1).
Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.
Note 1: For telephone subscriber see subsection (5).
Note 2: For income support payment see subsection 23(1).
1061Q(3B) A person is qualified for telephone allowance if:
(a) the person is receiving a mature age allowance under Part 2.12B; and
(b) the person is a telephone subscriber.
1061Q(3C) If:
(a) a person has been receiving one of the following:
(i) a social security pension;
(ii) a mature age allowance under Part 2.12B; and
(b) the person ceases to receive the pension or allowance because the person or the person’s partner earns, derives or receives, or is taken to earn, derive or receive, employment income; and
(c) the person is a telephone subscriber;
the person is qualified for a telephone allowance:
(d) if the person has been receiving a disability support pension—for a period of 12 months from the date on which the person ceases to receive the pension; or
(e) in any other situation mentioned in paragraph (a)—for a period of 6 months from the date on which the person ceases to receive the pension or allowance.
Note 1: For telephone subscriber see subsection (5).
Note 2: Subsection 23(4A) can affect when a person is taken to be receiving the pension or allowance.
1061Q(3F) If:
(a) a person has been receiving one of the following social security benefits:
(i) newstart allowance;
(ii) widow allowance;
(iii) partner allowance;
(iv) sickness allowance;
(v) special benefit;
(vi) benefit PP (partnered); and
(b) the person ceases to receive the benefit because the person or the person’s partner earns, derives or receives, or is taken to earn, derive or receive, employment income; and
(c) the person has turned 60; and
(d) immediately before the person ceases to receive the benefit, the person had been receiving income support payments in respect of a continuous period of at least 9 months; and
(e) the person is a telephone subscriber;
the person is qualified for a telephone allowance for a period of 6 months from the date on which the person ceases to receive the benefit.
Note 1: For telephone subscriber see subsection (5).
Note 2: Subsection 23(4A) can affect when a person is taken to be receiving the benefit.
1061Q(3G) If:
(a) a person has been receiving partner allowance or benefit PP (partnered); and
(b) the person ceases to receive the benefit because the person or the person’s partner earns, derives or receives, or is taken to earn, derive or receive, employment income; and
(c) the person’s partner has turned 60; and
(d) the person’s partner:
(i) is receiving newstart allowance or sickness allowance; or
(ii) was receiving newstart allowance or sickness allowance immediately before the person ceased to receive partner allowance or benefit PP (partnered); and
(e) immediately before the person ceases to receive the benefit, the person’s partner had been receiving income support payments in respect of a continuous period of at least 9 months; and
(f) the person is a telephone subscriber;
the person is qualified for a telephone allowance for a period of 6 months from the date on which the person ceases to receive the benefit.
Note 1: For telephone subscriber see subsection (5).
Note 2: Subsection 23(4A) can affect when a person is taken to be receiving the benefit.
1061Q(3J) A reference in paragraph (3C)(b), (3F)(b) or (3G)(b) to the employment income of a person is a reference to that person’s employment income either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person or the person’s partner.
1061Q(4) For the purposes of paragraph (3)(b), (3A)(e), (3F)(d) or (3G)(e), it does not matter:
(a) whether the kind of payment received has changed over the period in question; or
(b) whether the period or any part of it occurred before or after the commencement of that paragraph.
1061Q(4A) A person is qualified for a telephone allowance if:
(a) either:
(i) the person is the holder of a seniors health card; or
(ii) the person is temporarily absent from Australia for a continuous period not exceeding 13 weeks and was the holder of a seniors health card immediately before leaving Australia; and
(b) the person is a telephone subscriber.
1061Q(5) In this section:
telephone subscriber means:
(a) a person who has a telephone service connected in Australia in his or her name; or
(b) a person:
(i) to whom paragraph (a) does not apply; and
(ii) who is a member of a couple (other than an illness separated, temporarily separated or respite care couple); and
(iii) whose partner has a telephone service connected in Australia in the partner’s name.
Note: for member of a couple, illness separated couple, temporarily separated couple and respite care couple see section 4.
1061R Telephone allowance not payable in some circumstances
Even though a person is qualified for a telephone allowance, the allowance is not payable to the person:
(a) if the person is receiving a telephone allowance under the Military Rehabilitation and Compensation Act; or
(b) if the person is receiving a telephone allowance under the Veterans’ Entitlements Act; or
(c) if:
(i) the person is a member of a couple (other than an illness separated, temporarily separated or respite care couple); and
(ii) the person’s partner is receiving a telephone allowance because of:
(A) subsection 118Q(3) of the Veterans’ Entitlements Act; or
(B) a determination under subsection 5R(1) of the Veterans’ Entitlements Act.
Note 1: for member of a couple, illness separated couple, temporarily separated couple and respite care couple see section 4.
Note 2: subsection 118Q(3) of the Veterans’ Entitlements Act covers certain categories of World War I veterans.
Note 3: the relevant determination under subsection 5R(1) of the Veterans’ Entitlements Act provides eligibility for telephone allowance to certain categories of World War I Australian mariners.
Division 2—Rate of telephone allowance
1061S Rate of telephone allowance [see Appendix for CPI adjusted figures]
1061S(1) A person’s rate of telephone allowance is worked out using the following Table:
Telephone allowance rate table | ||
Column 1 Item | Column 2 Person’s situation | Column 3 Rate per year |
1. | Not member of a couple | $51.80 |
2. | Partnered (partner getting neither social security pension nor social security benefit), partner not holder of a seniors health card and person getting pension or benefit before 12 March 1992 | $51.80 |
3. | Partnered (partner getting neither social security pension nor social security benefit), partner not holder of a seniors health card and person not getting pension or benefit before 12 March 1992 | $25.90 |
4. | Either: (a) partnered (partner getting pension or benefit); or (b) partnered and partner is a holder of a seniors health card; and partner not getting telephone allowance | $51.80 |
5. | Either: (a) partnered (partner getting pension or benefit); or (b) partnered and partner is a holder of a seniors health card; and partner getting telephone allowance | $25.90 |
6. | Member of an illness separated, temporarily separated or respite care couple | $51.80 |
7. | Partnered (partner not getting telephone allowance under the VEA or MRCA) | $51.80 |
8. | Partnered (partner getting telephone allowance under the VEA or MRCA) | $25.90 |
9. | Partnered (partner in gaol) | $56.00 |
Note: the amounts in column 3 (except the item 2 amount) are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194).
1061S(2) If item 7 or 8 applies to a person, neither item 2 nor 3 applies to the person.
1061S(3) Item 2 does not apply to a person if the rate of telephone allowance that would be payable to the person if item 2 applied is less than the rate that would otherwise be payable.
Note: because the item 2 rate is not indexed it may eventually become a lower rate than other rates in the Table.
1061S(3A) For the purposes of working out a person’s rate of telephone allowance under subsection (1), the person’s partner is taken to be the holder of a seniors health card if the partner:
(a) is temporarily absent from Australia for a continuous period not exceeding 13 weeks; and
(b) was the holder of a seniors health card immediately before leaving Australia.
1061S(4) In this section:
person getting pension or benefit before 12 March 1992 means a person to whom clause 41 of Schedule 1A applies.
person not getting pension or benefit before 12 March 1992 means a person to whom clause 41 of Schedule 1A does not apply.
Note: clause 41 of Schedule 1A applies to people who were receiving social security pension or benefit before 12 March 1992 and who meet certain other conditions.
Part 2.25A—Utilities allowance
Division 1—Qualification for and payability of utilities allowance
1061T Qualification for utilities allowance
A person is qualified for utilities allowance if the person:
(a) has reached pension age; and
(b) is receiving an income support payment; and
(c) either:
(i) is in Australia; or
(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
1061TA When utilities allowance is payable
1061TA(1) Utilities allowance is payable to a person in relation to each utilities allowance test day on which the person is qualified for the allowance.
1061TA(2) However, utilities allowance is not payable to the person in relation to that day if:
(a) a service pension or an income support supplement is payable to the person on that day; or
(b) before that day, 2 instalments of any, or any combination, of the following allowances were payable to the person in the financial year in which that day occurs:
(i) utilities allowance under this Act;
(ii) utilities allowance under the Veterans’ Entitlements Act;
(iii) seniors concession allowance under this Act;
(iv) seniors concession allowance under the Veterans’ Entitlements Act; or
(c) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn.
1061TA(3) In this section:
utilities allowance test day means:
(a) 20 March; and
(b) 20 September.
Division 2—Rate of utilities allowance
1061TB Rate of utilities allowance
A person’s annual rate of utilities allowance is worked out using the following table:
Utilities allowance rate table | ||
Column 1 | Column 2 | Column 3 |
Item | Person’s situation | Annual rate |
1 | not a member of a couple | $100 |
2 | member of an illness separated couple | $100 |
3 | member of a respite care couple | $100 |
4 | member of a temporarily separated couple | $100 |
5 | member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple) | half the rate specified in column 3 of item 1 |
Note: The annual rates of utilities allowance are indexed twice a year in line with CPI increases (see sections 1191 to 1194).
Part 2.25B—Seniors concession allowance
Division 1—Qualification for and payability of seniors concession allowance
1061U Qualification for seniors concession allowance
A person is qualified for seniors concession allowance if:
(a) the person is the holder of a seniors health card and is in Australia; or
(b) all of the following apply to the person:
(i) the person is temporarily absent from Australia;
(ii) the person has been so for a continuous period not exceeding 13 weeks;
(iii) the person was the holder of a seniors health card immediately before leaving Australia.
1061UA When seniors concession allowance is payable
1061UA(1) Seniors concession allowance is payable to a person in relation to each seniors concession allowance test day on which the person is qualified for the allowance.
1061UA(2) However, seniors concession allowance is not payable to the person in relation to that day if:
(a) before that day, 2 instalments of any, or any combination, of the following allowances were payable to the person in the financial year in which that day occurs:
(i) seniors concession allowance under this Act;
(ii) seniors concession allowance under the Veterans’ Entitlements Act;
(iii) utilities allowance under this Act;
(iv) utilities allowance under the Veterans’ Entitlements Act; or
(b) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(c) subsection 55(5) (failing to nominate a bank account) of the Administration Act applies to the person.
1061UA(3) In this section:
seniors concession allowance test day means:
(a) 1 June; and
(b) 1 December.
Division 2—Rate of seniors concession allowance
1061UB Rate of seniors concession allowance
A person’s annual rate of seniors concession allowance is $200.
Note: The annual rate of seniors concession allowance is indexed twice a year in line with CPI increases (see sections 1191 to 1194).
Division 1—Qualification for fares allowance
1061ZAAA Qualification for fares allowance
1061ZAAA(1) A person is qualified for fares allowance for a journey by the person if:
(a) during a period (the relevant period) that is the whole or a part of a study year the person undertakes an approved tertiary course (the approved course) at an educational institution in Australia (the relevant educational institution); and
(b) during the relevant period the person is receiving one or more of the following forms of financial assistance:
(i) youth allowance because the person satisfies the activity test by undertaking full‑time study;
(ii) youth allowance where the only term of the relevant Youth Allowance Activity Agreement is a term to the effect that the person has to undertake an approved course of education or study under subsection 541B(5);
(iii) austudy payment;
(iv) pensioner education supplement; and
(c) during the relevant period the person’s permanent home is in Australia; and
(d) either:
(i) subsection (2) or (3) applies in respect of the person for the study year; or
(ii) subsection (4) or (5) applies in respect of the person in relation to the journey; and
(e) either section 1061ZAAB or 1061ZAAC applies in respect of the journey; and
(f) the journey has been made or, if it has not been made, the Secretary is satisfied that:
(i) the person intends to make the journey; and
(ii) the person’s means of travel for the journey will be provided by a commercial operator.
Note: A person is taken to be receiving a form of financial assistance referred to in paragraph (b) even though the person has traded in, or traded back, the assistance to obtain a financial supplement.
1061ZAAA(2) This subsection applies in respect of the person for the study year if, during the relevant period, the person:
(a) has a partner, or a dependent child, living at the person’s permanent home; and
(b) is required to live away from his or her permanent home in order to undertake the approved course.
1061ZAAA(3) This subsection applies in respect of the person for the study year if, during the relevant period, the person is enrolled as an external student for the approved course.
1061ZAAA(4) This subsection applies in respect of the person in relation to the journey if:
(a) during the relevant period, the person:
(i) is receiving youth allowance as referred to in subparagraph (1)(b)(i) or (ii); and
(ii) is required to live away from home within the meaning of Part 3.5 (see section 1067D); and
(b) the person is not independent when the journey is made.
1061ZAAA(5) This subsection applies in respect of the person in relation to the journey if:
(a) during the relevant period, the person:
(i) is receiving youth allowance as referred to in subparagraph (1)(b)(i) or (ii); and
(ii) is required to live away from home within the meaning of Part 3.5 (see section 1067D); and
(b) during the study year and before the journey was made the person became independent because of subsection 1067A(4) or (10); and
(c) if the journey had been made in the study year before the person became independent, subsection (4) would have applied in respect of the person in relation to the journey.
Note: A person is not qualified for a fares allowance in respect of a journey made before the commencement of this section (see clause 126 of Schedule 1A).
1061ZAAB Journey by person who is not an external student
If the person is enrolled for the approved course as a student other than an external student, this section applies in respect of a journey only if the journey is one of the following:
(a) a journey from the person’s permanent home to the relevant educational institution to start the course;
(b) a journey made, in the study year or before 1 April in the next year, from the relevant educational institution to the person’s permanent home after the person has finished or discontinued the course;
(c) a return journey during the study year between the relevant educational institution and the person’s permanent home where the person:
(i) has, during the study year and before the making of the journey, received one or more of the forms of financial assistance referred to in paragraph 1061ZAAA(1)(b) for a total period of 6 months (whether continuous or not); and
(ii) is receiving one of those forms of financial assistance when the journey is made.
1061ZAAC Journey by person who is an external student
If the person is enrolled for the approved course as an external student, this section applies only in respect of one return journey by the person during the study year between the person’s permanent home and the relevant educational institution in order to attend the institution for a period under a requirement that is a compulsory component of the course.
Division 3—Amount of fares allowance
1061ZAAJ Fares allowance for public transport
1061ZAAJ(1) If the Secretary is satisfied that it is practicable for the person to make the entire journey by public transport, the amount of fares allowance for the entire journey is worked out using this section.
1061ZAAJ(2) If the Secretary is satisfied that it is practicable for the person to make part of the journey by public transport, the amount of fares allowance for that part of the journey is worked out using this section.
1061ZAAJ(3) The amount of fares allowance is the cost of making the journey, or the part of the journey, using a reasonable route and the least expensive form of public transport that is reasonable.
1061ZAAJ(4) The cost is to be based on the cost of any concessional fare available to the person.
1061ZAAJ(5) The cost of a sleeping berth is to be included only if it is reasonable for the person to travel by rail and for the person to have the berth.
1061ZAAJ(6) In deciding what is practicable or reasonable for the purposes of this section, the period of time needed for the entire journey, and any illness or incapacity of the person, must be taken into account.
1061ZAAJ(7) The amount of fares allowance to be paid is to be worked out using this section whether or not the person chooses to make the journey, or the part of the journey, in the way described in this section.
1061ZAAK Fares allowance for private transport
1061ZAAK(1) If the Secretary is satisfied that it is not practicable for the person to make any part of the journey by public transport, the amount of fares allowance for the entire journey is worked out using this section.
1061ZAAK(2) If the Secretary is satisfied that it is not practicable for the person to make a part of the journey by public transport, the amount of fares allowance for that part of the journey is worked out using this section.
1061ZAAK(3) If the person makes the journey, or the part of the journey, by taxi, the fares allowance is 63 cents per kilometre travelled by taxi.
1061ZAAK(4) If the person makes the journey, or the part of the journey, by another vehicle, the fares allowance is worked out in accordance with the following table:
Table of rates of allowance | |||
Item | Kind of engine in the vehicle the person uses | Capacity of the vehicle’s engine | Allowance per kilometre |
1 | Rotary | not more than 800 | 45.7 |
2 | Rotary | more than 800 but not more than 1,300 | 51.9 |
3 | Rotary | more than 1,300 | 53.8 |
4 | Not rotary | not more than 1,600 | 45.7 |
5 | Not rotary | more than 1,600 but not more than 2,600 | 51.9 |
6 | Not rotary | more than 2,600 | 53.8 |
1061ZAAK(5) If the Secretary is satisfied that:
(a) it is unreasonable for the person to make the journey or the part of the journey by taxi or another vehicle because of abnormal travel hazards (for example, bushfire or flood); and
(b) the person makes the journey or the part of the journey by another form of transport that is reasonable because of the distance travelled and the cost of the transport;
the amount of fares allowance for the journey or that part of the journey is the actual cost to the person of making the journey or that part of the journey.
1061ZAAK(6) In deciding what is practicable or reasonable for the purposes of this section, the period of time needed for the entire journey, and any illness or incapacity of the person, must be taken into account.
1061ZAAK(7) For the purposes of this section, a vehicle that is registered as a taxi in a State or Territory is to be taken to be a taxi only while it is used in the State or Territory.
1061ZAAK(8) The Minister may make written determinations:
(a) varying the amount referred to in subsection (3); or
(b) amending the table in subsection (4) or omitting that table and substituting another table.
1061ZAAK(9) A determination under subsection (8) is a disallowable instrument.