Social Security Act 1991

No. 46, 1991

Compilation No. 178

Compilation date:   1 July 2020

Includes amendments up to: Act No. 38, 2020

Registered:    7 August 2020

This compilation is in 5 volumes

Volume 1: sections 1–660M

Volume 2: sections 660XAA–1067L

Volume 3: sections 1068–1260

  Schedule 1A

Volume 4: Endnotes 1–4

Volume 5: Endnote 5

Each volume has its own contents

This compilation includes commenced amendments made by Act No. 54, 2017

About this compilation

This compilation

This is a compilation of the Social Security Act 1991 that shows the text of the law as amended and in force on 1 July 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 2—Pensions, benefits and allowances

Part 2.12A—Mature age (pre‑1 July 1996) allowances

Division 1—Application of Part

660XAA Structure of Part

660XAB Time limits on claims of mature age allowance and grant of mature age partner allowance

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

660XBB Assurance of support

660XBC Person may be treated as unemployed

660XBE Unemployment due to industrial action

Subdivision B—Qualification for mature age partner allowance

660XBI Qualification for mature age partner allowance

660XBJ Assurance of support

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

660XCF Multiple entitlement exclusion

660XCG Educational and other schemes exclusion

Subdivision B—Payability of mature age partner allowance

660XCI Mature age partner allowance not payable if allowance rate nil

660XCN Multiple entitlement exclusion

660XCO Educational schemes exclusion

660XCP Commonwealth funded employment program exclusion

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

Division 11—Bereavement payments

Subdivision A—Person receiving mature age allowance (death of partner)

660XKA Qualification for payments under this Subdivision

660XKB Continued payment of partner’s pension

660XKC Lump sum payable in some circumstances

660XKD Adjustment of person’s mature age allowance rate

660XKE Effect of death of person entitled to payments under this Subdivision

660XKF Matters affecting payment of benefits under this Subdivision

Subdivision B—Death of person receiving mature age allowance

660XKG Death of recipient

Subdivision C—Continuation of mature age partner allowance where partner dies

660XKH Continuation of mature age partner allowance for bereavement period

660XKI Continued mature age partner allowance rate

Subdivision D—Person receiving mature age partner allowance (death of partner)

660XKJ Qualification for payments under this Subdivision

660XKK Continued payment of partner’s allowance

660XKL Lump sum payable in some circumstances

660XKM Effect of death of person entitled to payments under this Subdivision

660XKN Matters affecting payment of benefits under this Subdivision

Part 2.12B—Mature age (post‑30 June 1996) allowance

Division 1—Application of Part

660YAA Application of Part

660YAB Time limits on claims for mature age allowance

Division 2—Qualification for mature age allowance

660YBA Qualification for mature age allowance

660YBB Assurance of support

Division 3—Payability of mature age allowance

660YCA Mature age allowance not payable if allowance rate nil

660YCF Multiple entitlement exclusion

660YCFA Newly arrived resident’s waiting period

660YCFB Duration of newly arrived resident’s waiting period

660YCG Educational and other schemes exclusion

660YCH Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

660YCI Exclusion for non‑payment period for job search allowance, newstart allowance or partner allowance

660YCJ Allowance not payable if assets value limit exceeded

660YCK Value of assets of members of couples

660YCL Seasonal workers

Division 6—Rate of mature age allowance

660YFA How to work out a person’s mature age allowance

660YGI CDEP Scheme participant may accumulate mature age allowance

Division 11—Bereavement payments

Subdivision A—Preliminary

660YKA Surviving partner and deceased partner

Subdivision B—Continuation of mature age allowance following death of recipient’s partner

660YKB Continuation of mature age allowance for bereavement period

Subdivision C—Bereavement payments for person receiving mature age allowance following death of the person’s partner

660YKC Qualification for payments under this Subdivision

660YKD Continued payment of deceased partner’s previous entitlement

660YKE Lump sum payable in some circumstances

660YKF Effect of death of surviving partner

660YKG Matters affecting payments under this Subdivision

Subdivision D—Bereavement payment in respect of former CDEP Scheme participant

660YKH Calculation of bereavement payment in respect of former CDEP Scheme participant

Part 2.13A—Education entry payment

Division 1—Recipients of pension PP (single)

665A Payment to recipient of pension PP (single)

665B Amount of section 665A payment

665C Need for claim

Division 2—Recipients of disability support pension

665E Payment to a disability support pensioner

665F Amount of section 665E payment

665G Need for claim

Division 4—Special benefit recipients

665M Payment to a special benefit recipient

665N Amount of section 665M payment

665P Need for claim

Division 6—Jobseeker payment recipients

665U Payment to recipient

665V Amount of section 665U payment

665W Need for claim

Division 7—Mature age allowance recipient

665Y Payment to a mature age allowance recipient

665Z Amount of section 665Y payment

665ZA Need for claim

Division 8—Widow allowance recipients

665ZC Payment to a widow allowance recipient

665ZD Amount of section 665ZC payment

665ZE Need for claim

Division 8A—Carer payment recipients

665ZFA Payment to a carer payment recipient

665ZFB Amount of section 665ZFA payment

665ZFC Need for claim

Division 9—Mature age partner allowance

665ZG Payment to a mature age partner allowance recipient

665ZH Amount of section 665ZG payment

665ZJ Need for claim

Division 11—Partner allowance recipients

665ZQ Payment to a partner allowance recipient

665ZR Amount of section 665ZQ payment

665ZS Need for claim

Division 12—Recipients of PP (partnered)

665ZU Payment to recipient of PP (partnered)

665ZV Amount of section 665ZU payment

665ZW Need for claim

Division 12A—Recipients of youth allowance (other)

665ZX Payment to recipient of youth allowance (other)

665ZXA Amount of section 665ZX payment

665ZXB Need for claim

665ZXC Cessation of Division

Division 13—Protection of education entry payment

665ZY Education entry payment to be absolutely inalienable

665ZZ Effect of garnishee or attachment order

Division 14—Education entry payment supplement

665ZZA Qualification for education entry payment supplement

665ZZB Amount of education entry payment supplement

665ZZC Separate claim not needed

665ZZD Education entry payment supplement taken to be part of education entry payment for purposes of social security law

665ZZE Cessation of Division

Part 2.14—Sickness allowance

Division 1A—Time limit on grants of sickness allowance

666A Time limit on grants

Division 1—Qualification for and payability of sickness allowance

Subdivision A—Basic qualification

666 Qualification for sickness allowance

667 Person undertaking rehabilitation program may qualify for sickness allowance

669 Time limit on qualification for sickness allowance

676 Liquid assets test waiting period

676A Assurance of support

Subdivision B—Situations where allowance not payable (general)

677 Sickness allowance not payable if allowance rate nil

680 Assets test—allowance not payable if assets value limit exceeded

681 Value of assets of members of couples

685 Full‑time students

686 Multiple entitlement exclusion

Subdivision C—Situations where allowance not payable (waiting periods)

693 Ordinary waiting period

694 Duration of ordinary waiting period

696B Newly arrived resident’s waiting period

696C Duration of newly arrived resident’s waiting period

697 Seasonal workers—preclusion period

Division 4—Rate of sickness allowance

709 How to work out a person’s sickness allowance rate

710 COVID‑19 supplement

Division 9—Bereavement payments

Subdivision AA—Death of partner

728PA Qualification for payments under this Subdivision

728PB Continued payment of partner’s pension or benefit

728PC Lump sum payable in some circumstances

728PD Adjustment of a person’s sickness allowance rate

728PE Effect of death of person entitled to payments under this Subdivision

728PF Matters affecting payments under this Subdivision

Part 2.15—Special benefit

Division 1—Qualification for and payability of special benefit

Subdivision A—Qualification

729 Qualification for special benefit

729A Time limit on qualification for certain recipients of special benefit

729AA Effect of industrial action on qualification conditions of certain claimants for special benefit

729B Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks

729C Consequence of subsection 729B(2) determination

730 Determination of period

Subdivision AA—Activity test for certain nominated visa holders

731 Application of Subdivision

731A Activity test

731B Meaning of unsuitable work for the purposes of the activity test

731D Persons in certain areas can be taken to comply with activity test

731DAA Relief from activity test—death of person’s partner

731DA Relief from activity test—domestic violence etc.

731DB Relief from activity test—people with disabled children and other circumstances

731DC Persons may be treated as actively seeking etc. paid work

731E Relief from activity test—special circumstances

731F Relief from activity test—pre‑natal and post‑natal

731G Relief from activity test—people 55 and over who are engaged in work

731GA Relief from activity test—certain principal carers and people with partial capacity to work

731H Relief from activity test—dependent child

731HA Relief from activity test—persons who would be qualified for carer payment under section 197B, 197C, 197D or 197E

731HB Relief from activity test—persons who would be qualified for carer payment under section 197G or 197H

731J Relief from activity test—persons who would be qualified for carer payment under section 198 or for carer allowance

731JA Relief from activity test—grant of temporary protection, humanitarian or safe haven visa

731K Temporarily incapacitated person not required to satisfy activity test

731KA Time limit for exemption—Secretary satisfied person can undertake activity

Subdivision AB—Special Benefit Employment Pathway Plans for persons who are nominated visa holders

731L Special Benefit Employment Pathway Plans—requirement to enter

731M Special Benefit Employment Pathway Plans—terms

731N Special Benefit Employment Pathway Plans—principal carers

731P Special Benefit Employment Pathway Plans—people with partial capacity to work

731Q Special Benefit Employment Pathway Plans—revocation of requirement to participate in approved program of work

731R Special Benefit Employment Pathway Plans—suspension of plans

Subdivision B—Payability

732 Special benefit not payable if benefit rate nil

733 Assets test—benefit not payable if assets value limit exceeded

734 Value of assets of members of couples

735 Multiple entitlement exclusion

736 Secretary may require certain persons to attend courses or undertake work

737 Full‑time students

738 Payments under certain education schemes

739 SPB homeless person

739A Newly arrived resident’s waiting period

739B Secretary to act in accordance with guidelines

739C Guidelines for exercise of Secretary’s powers under subsection 739A(7)

Subdivision D—Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches)

745H Situations where special benefit not payable for failure to comply with certain requirements

Subdivision E—Activities that do not give rise to employment under certain industrial relations legislation

745L Activities that do not give rise to employment under certain industrial relations legislation

Subdivision F—Other situations where special benefit not payable to persons who are nominated visa holders

745M Seasonal workers

745N Move to area of lower employment prospects

Division 4—Rate of special benefit

746 Rate of special benefit

747 Approved program of work supplement for persons who are nominated visa holders

759 Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders

Division 9—Bereavement payments

Subdivision AA—Death of partner

768A Qualification for payments under this Subdivision

768B Continued payment of partner’s pension or benefit

768C Lump sum payable in some circumstances

768D Adjustment of a person’s special benefit rate

768E Effect of death of person entitled to payments under this Subdivision

768F Matters affecting payments under this Subdivision

Part 2.15A—Partner allowance

Division 1A—Application of Part

771 Time limits on claims for partner allowance

Division 1—Qualification for and payability of partner allowance

Subdivision A—Qualification for partner allowance

771HA Qualification for partner allowance

771HB Unemployment due to industrial action

Subdivision B—Payability of partner allowance

771HC Partner allowance not payable if allowance rate nil

771HF Assets test—allowance not payable if assets value limit exceeded

771HI Multiple entitlement exclusion

771HJ Educational schemes exclusion

771HK Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

771HNA Newly arrived resident’s waiting period

771HNB Duration of newly arrived resident’s waiting period

771HNC Seasonal workers

Division 4—Rate of partner allowance

771KA Rate of partner allowance if partner is not receiving special benefit

771KE Rate of partner allowance if partner receiving special benefit

771KN CDEP Scheme participant may accumulate partner allowance

Division 9—Bereavement payments

Subdivision A—Surviving partner and deceased partner defined

771NT Surviving partner and deceased partner

Subdivision B—Person to continue to receive partner allowance where person’s partner dies

771NU Continuation of partner allowance for bereavement period

Subdivision C—Bereavement payments for person receiving partner allowance following death of the person’s partner

771NV Qualification for payments under this Subdivision

771NW Continued payment of deceased partner’s benefit

771NX Lump sum payable in some circumstances

771NY Effect of death of surviving partner

771NZ Matters affecting payments under this Subdivision

Subdivision D—Bereavement payment in respect of former CDEP Scheme participant

771NZAA Calculation of bereavement payment in respect of former CDEP Scheme participant

Part 2.16—Special needs pensions

Division 1A—Time limit on grant of special needs wife pension

771P Special needs wife pension not to be granted after 30 June 1995

Division 1B—Time limit on grant of other special needs pensions

771PA Special needs pensions not to be granted after 20 September 2000

Division 1—Qualifications for and payability of special needs pensions

Subdivision A—Qualification

772 Qualification for special needs age pension

773 Qualification for special needs disability support pension

774 Qualification for special needs wife pension

Subdivision B—Payability

779 Special needs pension not payable if pension rate nil

783 Second special needs pension generally not payable after cancellation of initial pension

787 Multiple entitlement exclusion

Division 5—Rate of special needs pension

796 How to work out a person’s special needs pension rate

Special Needs Proportional Rate Calculator

Module A—Overall rate calculation process

Module B—Australian working life residence

Module C—Residence factor

Division 10—Bereavement payments

Subdivision A—Death of partner

822 Qualification for payments under this Subdivision

823 Continued payment of deceased partner’s previous entitlement

824 Lump sum payable in some circumstances

825 Adjustment of rate of person’s special needs pension

826 Effect of death of person entitled to payments under this Subdivision

827 Matters affecting payment of benefits under this Subdivision

Subdivision C—Death of recipient

830 Death of recipient

Part 2.17—Economic security strategy payment

900 Qualification for economic security strategy payment

901 Amount of economic security strategy payment—general

902 Amount of economic security strategy payment—person receiving carer allowance

Part 2.18—Training and learning bonus

910 Qualification for training and learning bonus

911 Amount of training and learning bonus

Part 2.18A—Clean energy payments

Division 1—Clean energy advances

Subdivision A—Qualifying for clean energy advances

914 Recipients of certain social security payments

914A Recipients of austudy, youth allowance, some disability support pensions and some special benefits

914B Disregard nil rate in certain circumstances

914C Limits on qualifying for multiple advances

Subdivision B—Amount of a clean energy advance

914D Amount of a clean energy advance

914E Clean energy advance daily rate

914F Number of advance days

Subdivision C—Top‑up payments of clean energy advance

914G Top‑up payments of clean energy advance

Division 2—Quarterly energy supplement

915 When quarterly energy supplement is payable

915A Electing to receive quarterly energy supplement

915B Rate of quarterly energy supplement

Division 4—Essential medical equipment payment

917A Definitions

917B Qualification for essential medical equipment payment

917C The medical needs requirement

917D The concession card requirement

917E The energy account requirement

917F Availability of payments

917G Amount of payment

917H Non‑receipt of social security payment

Division 5—Multiple qualification exclusions

918 Multiple qualification exclusions

Part 2.19—Carer allowance

Division 1—Interpretation

952 Carer allowance definitions

Division 2—Qualification for and payability of carer allowance

Subdivision A—Qualification

953 Qualification for carer allowance—caring for either 1 or 2 disabled children

953A Remaining qualified for carer allowance up to 3 months after child turns 16

954 Qualification for carer allowance—caring for a disabled adult in a private home of both the adult and the carer

954A Qualification for carer allowance—caring for a disabled adult in a private home not shared by the adult and carer

954B Qualification for carer allowance—receiving carer payment for caring for child or children

955 Qualification for carer allowance—hospitalisation

956 Absence from Australia

957 Effect of cessation of care etc. on carer allowance

957A Carer allowance income test

957B Adjusted taxable income

957C Accepted estimates

957D Income from long‑term financial assets

Subdivision B—Limitations on payability

958 Carer allowance not payable if allowance rate nil

964 Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made

965 Carer allowance not payable to more than one member of a couple

966 Newly arrived resident’s waiting period

967 Duration of newly arrived resident’s waiting period

Division 5—Rate of carer allowance

974 Rate of carer allowance

Division 6—Multiple qualification for carer allowance for same care receiver or receivers

981 Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers

Division 10—Bereavement payments (death of disabled child or adult)

Subdivision A—Death of disabled child

992J Continued carer allowance during bereavement rate continuation period where disabled child dies

992K Lump sum payable in some circumstances

Subdivision B—Death of disabled child (special short‑term assistance)

992L Continuation of qualification for carer allowance for 4 weeks in some cases where recipient’s disabled child dies

Subdivision BA—Death of disabled adult

992LA Continued carer allowance during bereavement rate continuation period where disabled adult dies

992LB Lump sum payable in some circumstances

Subdivision C—Death of recipient

992M Death of recipient

Part 2.19AA—Child disability assistance

992MA Child disability assistance definitions

992MB Qualification for child disability assistance

992MC Eligible care receivers

992MD Amount of child disability assistance

Part 2.19A—One‑off payments to carers eligible for carer allowance

Division 1—One‑off payment to carers eligible for carer allowance

992N One‑off payment to carers (carer allowance related)

992O In respect of what care receivers is the payment payable?

992P What is the amount of the payment?

Division 2—2005 one‑off payment to carers eligible for carer allowance

992Q 2005 one‑off payment to carers (carer allowance related)

992R In respect of what care receivers is the payment payable?

992S What is the amount of the payment?

Division 3—2006 one‑off payment to carers eligible for carer allowance

992T 2006 one‑off payment to carers (carer allowance related)

992U In respect of which care receivers is the payment payable?

992V Amount of the one‑off payment

Division 4—2007 one‑off payment to carers eligible for carer allowance

992WA 2007 one‑off payment to carers (carer allowance related)

992WB Eligible care receivers

992WC Amount of the one‑off payment

Division 5—2008 one‑off payment to carers eligible for carer allowance

992WD 2008 one‑off payment to carers (carer allowance related)

992WE Eligible care receivers

992WF Amount of the one‑off payment

Part 2.19B—Carer supplement

992X Carer supplement

Part 2.20—Double orphan pension

Division 1—DOP child status

993 Double orphan—not refugee

994 Double orphan—refugee

995 Refugee child

996 Long‑term prisoner

997 Patient on a long‑term basis

998 Person uncontactable

Division 2—Qualification for and payability of double orphan pension

Subdivision A—Qualification

999 Qualification for double orphan pension

Subdivision B—Payability

1003 Double orphan pension not payable for child receiving a pension under the Veterans’ Entitlements Act

Division 5—Rate of double orphan pension

1010 Rate of double orphan pension

Division 10—Bereavement payments (death of DOP child)

Subdivision A—Death of DOP child (General)

1033 Continued double orphan pension during bereavement rate continuation period where DOP child dies

1034 Lump sum payable in some circumstances

Subdivision AA—Death of dependent child (special short‑term assistance)

1034AA Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient’s DOP child dies

Subdivision B—Death of recipient

1034A Death of recipient

Part 2.21—Mobility allowance

Division 1—Qualification for and payability of mobility allowance

Subdivision A—Qualification

1035 Qualification for mobility allowance (rate specified in subsection 1044(1))

1035A Qualification for mobility allowance (rate specified in subsection 1044(1A))

Subdivision B—Payability

1036 Mobility allowance not payable at 2 rates

1037 Mobility allowance not payable where person receiving motor vehicle assistance

1038 Mobility allowance not payable when person is NDIS participant

1039AA Newly arrived resident’s waiting period

1039AB Duration of newly arrived resident’s waiting period

Division 2—Rate of mobility allowance

1044 Rate of mobility allowance

1044A Reduction of the advance payment period

Division 3—Mobility allowance advance

1045 Qualification for mobility advance

Division 4—Continuation

1046 Continuation of mobility allowance when person ceases to be qualified

Part 2.21A—Language, literacy and numeracy supplement

Division 1—Preliminary

1047 Definition

Division 2—Qualification for language, literacy and numeracy supplement

1048 General statement of qualification

Division 3—Circumstances where language, literacy and numeracy supplement not payable

1049 Language, literacy and numeracy supplement not payable in certain circumstances

Division 4—Rate increase relating to language, literacy and numeracy supplement

1050 Rate increase attributable to language, literacy and numeracy supplement

Part 2.22—Advance payments of social security entitlements

Division 1—Qualification for advance payment

1061A Qualification for advance payment

Division 2—Applying for advance payment

1061B Application

1061C Form of application

1061D Lodgment of application

1061E Application may be withdrawn

Division 3—Determination of application and payment of advance payment

1061EA Secretary to determine application

1061EB Payment of advance payment

Division 4—Amount of advance payment

1061ECA Amount of advance payment—age and disability support pensions and carer payment

1061ED Amount of advance payment—pension PP (single)

1061EE Amount of advance payment—certain other social security payments

Division 5—Payment of advance payment

1061EI Advance payment to be paid to person or nominee

1061EJ Payment into bank account etc.

Division 6—Protection of advance payment

1061EK Advance payment to be absolutely inalienable

Division 7—Repayment of advance payment

1061EL Repayment of advance payment

Part 2.22A—Special employment advances

Division 1—Qualification for special employment advance

1061EM Qualification for special employment advance

1061EN Meaning of in severe financial hardship

1061EO Person not qualified in certain circumstances

Division 4—Amount of special employment advance

1061EW Where claim based on effect of unreceived income on special employment advance qualifying entitlement

1061EX Where claim based on claimant’s need for financial assistance to take up offered employment

Division 7—Repayment of special employment advance

1061EZC Repayment of special employment advance

Part 2.23—Advance pharmaceutical allowance

Division 1—Qualification for and payability of advance pharmaceutical allowance

1061F Qualification for advance pharmaceutical allowance

1061G Advance pharmaceutical allowance not payable in some circumstances

Division 3—Amount of advance pharmaceutical allowance

1061JC Amount of advance pharmaceutical allowance

1061JD Annual limit

Part 2.23A—Crisis payment

Division 1—Qualification for crisis payment

1061JG Qualification—release from gaol or psychiatric confinement

1061JH Qualification—extreme circumstances forcing departure from home

1061JHA Qualification—remaining in home after removal of family member due to domestic or family violence

1061JI Qualification—humanitarian entrant to Australia

1061JIA Qualification—national health emergency

1061JJ Crisis payment not payable in addition to disaster relief payment

1061JK Crisis payment not payable if assurance of support in force

1061JL Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme

Division 4—Amount of crisis payment

1061JU Amount of payment

Part 2.23B—Disaster Recovery Allowance

Division 1—Qualification for Disaster Recovery Allowance

1061KA Qualification for Disaster Recovery Allowance

1061KB Disaster Recovery Allowance not payable if assurance of support in force

Division 2—Rate of Disaster Recovery Allowance

1061KC Rate of Disaster Recovery Allowance

Division 3—Other matters

1061KD Period that Disaster Recovery Allowance is payable

1061KE Non‑receipt of social security payment

Part 2.24—Australian Government Disaster Recovery Payment

Division 1—Qualification for Australian Government Disaster Recovery Payment

1061K Qualification for Australian Government Disaster Recovery Payment

1061L Meaning of adversely affected

Division 2—Amount of Australian Government Disaster Recovery Payment

1061M Amount of payment for disasters in Australia

1061N Amount of payment for disasters outside Australia

1061P Determinations of rates

Division 3—Recoverable payments etc.

1061PAAA Recoverable payments

1061PAAB Recoverable death payments

1061PAAC Reports about recoverable payments and recoverable death payments

1061PAAD Review of decisions

1061PAAE Department official

Part 2.24AA—Australian Victim of Terrorism Overseas Payment

Division 1—Qualification for Australian Victim of Terrorism Overseas Payment

1061PAA Qualification for Australian Victim of Terrorism Overseas Payment

1061PAB Whether a person can be qualified for more than one AVTOP in relation to the same terrorist act

Division 2—Payability of Australian Victim of Terrorism Overseas Payment to secondary victims

1061PAC When AVTOP for secondary victims is not payable

Division 3—Amount of Australian Victim of Terrorism Overseas Payment

1061PAD Amount of AVTOP for a primary victim

1061PAE Amount of AVTOP for a secondary victim

1061PAF AVTOP Principles

Division 4—Other

1061PAG Consultation on the AVTOP Principles

1061PAH AVTOP is not compensation or damages

Part 2.24A—Pensioner education supplement

Division 1—Qualification for pensioner education supplement

Subdivision A—The basic rules

1061PA Qualification for pensioner education supplement

Subdivision B—Undertaking qualifying study

1061PB Undertaking qualifying study

1061PC Approved course of education or study

1061PD Full‑time students

1061PE Concessional study‑load students

1061PF Normal amount of full‑time study

1061PG First fortnight of classes

1061PH Progress rules—secondary students

1061PI Progress rules—tertiary students

Subdivision C—Payments attracting pensioner education supplement

1061PJ Payments attracting pensioner education supplement

Subdivision D—Pensioner education supplement age

1061PK Pensioner education supplement age

1061PL When a person is regarded as independent

Subdivision E—Residency

1061PM Residency requirements

1061PN Absence of persons overseas

Division 2—Situations in which pensioner education supplement is not payable

Subdivision C—Newly arrived resident’s waiting period

1061PT Pensioner education supplement not payable during newly arrived resident’s waiting period

1061PU Newly arrived resident’s waiting period

1061PV Length of newly arrived resident’s waiting period

Subdivision D—Multiple entitlement exclusion

1061PW Meaning of multiple entitlement exclusion

1061PX Multiple entitlement exclusion

Division 5—Rate of pensioner education supplement

1061PZG Rate of pensioner education supplement

Part 2.25—Telephone allowance

Division 1—Qualification for and payability of telephone allowance

1061Q Qualification for telephone allowance

1061R Telephone allowance not payable in some circumstances

Division 2—Rate of telephone allowance

1061S Standard rate of telephone allowance

1061SA Increased rate of telephone allowance

1061SB Increased rate of telephone allowance for home internet

Part 2.25A—Utilities allowance

Division 1—Qualification for and payability of utilities allowance

1061T Qualification for utilities allowance

1061TA When utilities allowance is payable

Division 2—Rate of utilities allowance

1061TB Rate of utilities allowance

Part 2.25B—Energy supplement

Division 1—Qualification and payability

1061U Qualification for energy supplement

1061UA When energy supplement is payable

Division 2—Rate of energy supplement

1061UB Rate of energy supplement

Part 2.25C—Quarterly pension supplement

1061V When this Part applies

1061VA Quarterly pension supplement

1061VB Rate of quarterly pension supplement

Part 2.26—Fares allowance

Division 1—Qualification for fares allowance

1061ZAAA Qualification for fares allowance

1061ZAAB Journey by person who is not an external student

1061ZAAC Journey by person who is an external student

Division 3—Amount of fares allowance

1061ZAAJ Fares allowance for public transport

1061ZAAK Fares allowance for private transport

Part 2.27—Northern Territory CDEP transition payment

Division 1—Qualification for and payability of Northern Territory CDEP transition payment

Subdivision A—Qualification for Northern Territory CDEP transition payment

1061ZAAL Qualification for Northern Territory CDEP transition payment

1061ZAAM Northern Territory CDEP transition day

Subdivision B—Payability of Northern Territory CDEP transition payment

1061ZAAN Northern Territory CDEP transition payment only payable if certain claim criteria met

1061ZAAO Northern Territory CDEP transition payment not payable while CDEP Scheme payments being received

1061ZAAP Northern Territory CDEP transition payment not payable if rate too low

1061ZAAQ Northern Territory CDEP transition payment not payable if compliance penalty period applies

1061ZAAR Northern Territory CDEP transition payment not payable from 1 July 2008

Division 2—Rate of Northern Territory CDEP transition payment

1061ZAAS Rate of Northern Territory CDEP transition payment

1061ZAAT Pre‑transition fortnightly income

1061ZAAU Post‑transition fortnightly income

1061ZAAV Maximum rate of Northern Territory CDEP transition payment

Division 3—Miscellaneous

1061ZAAW Northern Territory CDEP transition payment rules

Chapter 2A—Benefits and concessions other than payments

Part 2A.1—Concession cards

Division 1—Qualification for, and issue of, pensioner concession card

1061ZA General qualification rules

1061ZB Extended qualification rule: former recipient of mature age allowance etc.

1061ZC Extended qualification rule: long‑term recipient of social security benefits

1061ZD Extended qualification rule: former recipient of disability support pension

1061ZDA Extended qualification rule: former recipient of pension PP (single)

1061ZEA Further extended qualification rule: loss of payment because of employment income

1061ZEB Extended qualification rule: persons with a partial capacity to work

1061ZEC Effect of compliance penalty periods

1061ZF Issue of pensioner concession card

Division 2—Qualification for seniors health card

1061ZG Qualification rules

1061ZH Newly arrived resident’s waiting period

1061ZI Duration of newly arrived resident’s waiting period

1061ZJ Giving of copy of assessment of taxable income to Secretary

1061ZJA Modifications if person’s rate of social security pension is nil on 1 January 2017

1061ZJB Other modifications because of Veterans’ Entitlements Act

Division 3—Qualification for health care card

Subdivision A—Qualification for automatic issue health care card

1061ZK Qualification: general rules

1061ZM Qualification for health care card: employment‑affected person

1061ZMA Further extended qualification rule: loss of payment because of employment income

1061ZN Residence requirement

1061ZNA Effect of compliance penalty periods

Subdivision B—Qualification for health care card in other circumstances

1061ZO Qualification

1061ZP Person subject to newly arrived resident’s waiting period

1061ZQ Newly arrived resident’s waiting period

1061ZR Duration of newly arrived resident’s waiting period

Subdivision C—Miscellaneous provisions relating to health care cards

1061ZS Issue of health care cards

1061ZT Certain dependants not qualified for health care card

Division 4—Non‑cancellation of concession cards for temporary overseas absences

1061ZUA Persons to whom Division applies

1061ZUB Non‑cancellation of concession cards for temporary overseas absences

1061ZUC Extension cards

Chapter 2AA—Student start‑up loans

Part 2AA.1—Introduction

1061ZVAA Simplified outline of this Chapter

Part 2AA.2—Qualification for and amount of student start‑up loan

1061ZVBA Simplified outline of this Part

1061ZVBB Qualification for student start‑up loan

1061ZVBC Circumstances in which person is not qualified for student start‑up loan

1061ZVBD Amount of student start‑up loan

Part 2AA.3—Indebtedness

Division 1—Introduction

1061ZVCA Simplified outline of this Part

Division 2—Incurring SSL debts

1061ZVDA SSL debts

1061ZVDB SSL debt discharged by death

1061ZVDC Notice to Commissioner

Division 3—Working out accumulated SSL debts

1061ZVEA Simplified outline of this Division

1061ZVEB Stage 1—working out a former accumulated SSL debt

1061ZVEC Stage 2—working out an accumulated SSL debt

1061ZVED Rounding of amounts

1061ZVEE Accumulated SSL debt discharges earlier debts

1061ZVEF Accumulated SSL debt discharged by death

Part 2AA.4—Discharge of indebtedness

Division 1—Introduction

1061ZVFA Simplified outline of this Part

1061ZVFB Debts under this Chapter

Division 2—Voluntary discharge of indebtedness

1061ZVGA Voluntary SSL repayments in respect of debts

1061ZVGB Application of voluntary SSL repayments

1061ZVGC Refunding of payments

Division 3—Compulsory discharge of indebtedness

Subdivision A—Liability to repay amounts

1061ZVHA Liability to repay amounts

1061ZVHB Repayable SSL debt for an income year

Subdivision B—Assessments

1061ZVHC Commissioner may make assessments

1061ZVHD Notification of notices of assessment of tax

1061ZVHE Commissioner may defer making assessments

1061ZVHF Commissioner may amend assessments

Part 2AA.5—Tax administration matters

1061ZVJA Simplified outline of this Part

1061ZVJB Verification of tax file numbers

1061ZVJC When person with tax file number incorrectly notifies number

1061ZVJD When person without tax file number incorrectly notifies number

1061ZVJE When tax file numbers are altered

1061ZVJF When tax file numbers are cancelled

1061ZVJG Returns, assessments, collection and recovery

1061ZVJH Charges and civil penalties for failing to meet obligations

1061ZVJJ Pay as you go (PAYG) withholding

1061ZVJK Pay as you go (PAYG) instalments

1061ZVJL Administration of this Chapter

Chapter 2B—Student Financial Supplement Scheme

Part 2B.1—Establishment of scheme

Division 1—Preliminary

1061ZW Object of this Chapter

1061ZX Outline of the scheme

Division 2—Eligibility to obtain financial supplement

1061ZY Eligibility to obtain financial supplement

1061ZZ Category 1 student

1061ZZA Category 2 student

1061ZZAA Failure by person to comply with request to provide person’s tax file number

1061ZZAB Failure by person to comply with request to provide the tax file number of a parent of the person

Division 3—Decision and notice about eligibility to obtain financial supplement

1061ZZAC Secretary’s decision

1061ZZAD Revocation or variation of decision after review

1061ZZAE Transitional

Division 4—Agreements between Commonwealth and financial corporations

1061ZZAF Applications for financial supplement

1061ZZAG Agreements

Division 5—Application for financial supplement

1061ZZAH When to apply

1061ZZAI How to apply

1061ZZAJ Changing an application

Division 6—Amount of financial supplement

Subdivision A—Category 1 students

1061ZZAK Maximum amount of financial supplement

Subdivision B—Category 2 students

1061ZZAL Change in eligibility period

1061ZZAM Eligibility period (short course)

1061ZZAN Eligibility period (no short course)

1061ZZAO Maximum amount of financial supplement

Subdivision C—Provisions applying to both category 1 students and category 2 students

1061ZZAP Minimum amount of financial supplement

1061ZZAQ Person doing more than one course

Division 7—Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement

1061ZZAR Purpose of Division

1061ZZAS Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement

Division 8—Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education supplement

Subdivision A—Purpose of Division

1061ZZAT Purpose of Division

Subdivision B—When a person may repay youth allowance, austudy payment or pensioner education supplement to obtain or increase financial supplement

1061ZZAU Election to repay youth allowance, austudy payment or pensioner education supplement

1061ZZAV Timing of repayment

Subdivision C—Repayment

1061ZZAW Effect of repayment

Division 9—Financial supplement contracts

Subdivision A—Making a contract for payment of financial supplement

1061ZZAX Making a contract between person and participating corporation

1061ZZAY Existing contracts

1061ZZAZ Liability for money paid under a financial supplement contract

1061ZZBA Validity of financial supplement contract

Subdivision B—When a financial supplement contract can be cancelled

1061ZZBB Person has right to cancel financial supplement contract

1061ZZBC How to cancel financial supplement contract

1061ZZBD When to cancel financial supplement contract

1061ZZBE Payments made during cooling off period

1061ZZBF Person may waive right to cancel contract

1061ZZBG How to waive right to cancel contract

1061ZZBH When to waive right to cancel contract

Subdivision C—Financial supplement contract exempt from certain laws and taxes

1061ZZBI Financial supplement contract exempt from certain laws and taxes

Division 10—Payment of financial supplement

1061ZZBJ Payment by instalments

1061ZZBK Rounding off

1061ZZBL To whom instalments must be paid

1061ZZBM Payment into bank account

Division 11—Protection of financial supplement

1061ZZBN Financial supplement to be absolutely inalienable

1061ZZBO Effect of garnishee or attachment order

Division 12—Obligations of category 2 students

Subdivision A—Statements about tax file numbers

1061ZZBP Secretary may request person obtaining financial supplement to give statement of person’s tax file number

1061ZZBQ Secretary may request person obtaining financial supplement to give statement of parent’s tax file number

Subdivision B—Notice of events or changes in circumstances

1061ZZBR Secretary may give notice requiring information

1061ZZBS Event or change relevant to payment

1061ZZBT Formalities related to notice

1061ZZBU Validity of notice

1061ZZBV Period within which information to be given

1061ZZBW Refusal or failure to comply with notice

1061ZZBX Application overseas

Subdivision C—Notice about a matter relevant to payment of financial supplement

1061ZZBY Secretary may give notice requiring statement on matter

1061ZZBZ Formalities related to notice

1061ZZCA Validity of notice

1061ZZCB Period within which statement to be given

1061ZZCC Statement must be in approved form

1061ZZCD Refusal or failure to comply with notice

1061ZZCE Application overseas

Division 13—Early repayments of financial supplement

Subdivision A—Calculation and notification of amount outstanding under financial supplement contract

1061ZZCF Application of Subdivision

1061ZZCG Calculation of amount outstanding under financial supplement contract before 1 June in the year after the year in which the contract was made

1061ZZCH Calculation of amount outstanding under financial supplement contract at a later time

1061ZZCI Notification of amount outstanding

Subdivision B—Person’s rights to make repayments during contract period

1061ZZCJ Person not required to, but may, make repayments during contract period

1061ZZCK What happens if person makes an excess repayment

1061ZZCL Amount repaid not to include certain amounts

1061ZZCM How to work out discount

1061ZZCN Effect of making a repayment during contract period

1061ZZCO Rights and liabilities of participating corporation if repayment made

Subdivision C—What happens at the end of the contract period

1061ZZCP Corporation’s rights at end of contract period

1061ZZCQ Termination notice

1061ZZCR Secretary may give notice correcting information in previous notice

1061ZZCS Person may request notice to be corrected

1061ZZCT Effect of notices and requests

Part 2B.2—Payments of financial supplement under scheme to stop in certain circumstances

Division 1—Payments to stop at request of recipient

1061ZZCU Person may ask for payment to stop

1061ZZCV Effect of notice

Division 2—Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount

Subdivision A—Notice that payments are to stop

1061ZZCW Secretary must give notice to person and corporation

1061ZZCX Effect of notice

1061ZZCY This Subdivision is subject to sections 1061ZZFS and 1061ZZFT

Subdivision B—Original amount paid because person failed to notify change of circumstances

1061ZZCZ Secretary may give notice to person and corporation

1061ZZDA Effect of notice

1061ZZDB Transfer of corporation’s rights to Commonwealth

1061ZZDC Apportionment of financial supplement

1061ZZDD Liability of Commonwealth to corporation

1061ZZDE Liability of person to Commonwealth

1061ZZDF This Subdivision not to affect Subdivision A

Subdivision C—Original amount paid because of false or misleading information

1061ZZDG Secretary may give notice to person and corporation

1061ZZDH Effect of notice

1061ZZDI Transfer of corporation’s rights to Commonwealth

1061ZZDJ Apportionment of financial supplement

1061ZZDK Liability of Commonwealth to corporation

1061ZZDL Liability of person to Commonwealth

1061ZZDM This Subdivision not to affect Subdivision A

Division 3—Payments to stop if person ceases to be eligible to obtain financial supplement

Subdivision A—Notice that payments are to stop

1061ZZDN Secretary must give notice to person and corporation

1061ZZDO Effect of notice

1061ZZDP This Subdivision is subject to sections 1061ZZFS and 1061ZZFT

Subdivision B—Financial supplement paid because person failed to notify change of circumstances

1061ZZDQ Secretary may give notice to person and corporation

1061ZZDR Effect of notice

1061ZZDS Transfer of corporation’s rights to Commonwealth

1061ZZDT Apportionment of financial supplement

1061ZZDU Liability of Commonwealth to corporation

1061ZZDV Liability of person to Commonwealth

1061ZZDW This Subdivision not to affect Subdivision A

Division 4—Payments to stop if person is found never to have been eligible to obtain financial supplement

Subdivision A—Notice that payments are to stop

1061ZZDX Secretary must give notice to person and corporation

1061ZZDY Effect of notice

1061ZZDZ This Subdivision is subject to sections 1061ZZFS and 1061ZZFT

Subdivision B—Financial supplement paid because of false or misleading information

1061ZZEA Secretary may give notice to person and corporation

1061ZZEB Effect of notice

1061ZZEC Transfer of corporation’s rights to Commonwealth

1061ZZED Liability of Commonwealth to corporation

1061ZZEE Liability of person

1061ZZEF Definitions

1061ZZEG This Subdivision not to affect Subdivision A

Division 5—Payments to stop if person dies

1061ZZEH Secretary may give notice to corporation if other party to contract dies

1061ZZEI Effect of notice

1061ZZEJ Discharge of corporation’s liability

1061ZZEK Transfer of corporation’s rights to Commonwealth

1061ZZEL Liability of Commonwealth to corporation

1061ZZEM Discharge of person’s liability

Part 2B.3—Repayment of financial supplement through taxation system after termination date

Division 1—Purpose and application of Part

1061ZZEN Purpose and application of Part

1061ZZENA Extent of Commissioner of Taxation’s general administration of this Part

Division 2—FS debt and accumulated FS debt

1061ZZEO FS debt owed by person

1061ZZEP How to work out FS debt

1061ZZEQ Accumulated FS debt incurred by person

1061ZZER How to work out accumulated FS debt

1061ZZES Adjusted accumulated FS debt

1061ZZET Indexation factor

1061ZZEU Accumulated FS debt discharges earlier debts

Division 3—Information to be given to Commissioner of Taxation

1061ZZEV Secretary to give notice to Commissioner of Taxation

1061ZZEW Secretary to give further notice to Commissioner of Taxation

1061ZZEX Secretary to give certificate to Commissioner of Taxation

Division 4—Voluntary repayments of FS debts

1061ZZEY Voluntary repayments of FS debts

1061ZZEYA Refunding of payments

Division 5—Compulsory repayments in respect of accumulated FS debt

1061ZZEZ Compulsory payments in respect of accumulated FS debt

1061ZZFA Repayment income

1061ZZFB Minimum repayment income

1061ZZFC Repayable debt for an income year

1061ZZFD Amounts payable to the Commonwealth

Division 6—Application of tax legislation

1061ZZFG Application of tax legislation

1061ZZFGA Charges and administrative penalties for failing to meet obligations

1061ZZFGB Pay as you go (PAYG) withholding

1061ZZFGD Pay as you go (PAYG) instalments

Division 7—Assessments

1061ZZFH Commissioner of Taxation may make assessment

1061ZZFI Notice of assessment may be served

Division 8—Commissioner of Taxation may delay assessment

1061ZZFJ Commissioner of Taxation may delay assessment

1061ZZFK Commissioner of Taxation may amend assessment

1061ZZFL When Commissioner of Taxation must make decision to delay or amend assessment

Division 9—Review of Commissioner of Taxation’s decision

1061ZZFM Application to Administrative Appeals Tribunal

Division 10—Treatment of payments under financial supplement scheme

1061ZZFN Payments not subject to taxation

1061ZZFO Application of payments

1061ZZFP Debt discharged by death

Part 2B.4—Miscellaneous

Division 1—Application of the Bankruptcy Act 1966

1061ZZFQ Application of Division

1061ZZFR Treatment of debt

Division 2—Review of decisions

1061ZZFS What happens if a decision of the Secretary is set aside

1061ZZFT What happens if a decision of the Secretary is varied

Division 3—Transfer of rights under this Chapter

1061ZZFU Notices of transfer

1061ZZFV Transfers not subject to State or Territory taxes

Chapter 2C—Assurances of support

Part 2C.1—Giving assurances

1061ZZGA What is an assurance of support?

1061ZZGB Who may give an assurance of support?

1061ZZGC How to give an assurance of support

Part 2C.2—Acceptance of assurances

1061ZZGD Accepting or rejecting an assurance of support

1061ZZGE Notices relating to an assurance of support

Part 2C.3—Effect of accepted assurances

1061ZZGEA Assurance cannot be withdrawn once visa issued

1061ZZGF When an accepted assurance is in force

1061ZZGG Liability to pay for social security payments

Part 2C.4—Determinations

1061ZZGH Determinations

Part 2C.5—Assurances by unincorporated bodies

1061ZZGI Application of social security law to unincorporated bodies

Chapter 3—General provisions relating to payability and rates

Part 3.1—Rate Calculators (General)

1062 Steps in rate calculation

1063 Standard categories of family situations

Part 3.2—Pension Rate Calculator A

1064 Rate of age and disability support pensions and carer payment (people who are not blind)

Pension Rate Calculator A

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Pension supplement

Module C—Energy supplement

Module E—Ordinary income test

Module F—Ordinary income for the purposes of disability support pension

Module G—Assets test

Module H—Remote area allowance

Part 3.3—Pension Rate Calculator B

1065 Rate of age and disability support pension (blind people)

Pension Rate Calculator B

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Pension supplement

Module C—Energy supplement

Module E—Remote area allowance

Part 3.4A—Pension Rate Calculator D

1066A Rate of disability support pension (people under 21 who are not blind)

Pension Rate Calculator D

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Energy supplement

Module C—Youth disability supplement

Module D—Pharmaceutical allowance

Module F—Ordinary income test

Module G—Payments taken to be ordinary income

Module H—Assets test

Module I—Remote area allowance

Part 3.4B—Pension Rate Calculator E

1066B Rate of disability support pension (people under 21 who are blind)

Pension Rate Calculator E

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Energy supplement

Module C—Youth disability supplement

Module D—Pharmaceutical allowance

Module F—Remote area allowance

Part 3.5—Youth Allowance Rate Calculator

1067 Definitions

1067A When a person is regarded as independent

1067B Accommodated independent person

1067C Member of a YA couple

1067D Person required to live away from home

1067E Person living at home

1067F Long term income support student

1067G Rate of youth allowance

Youth Allowance Rate Calculator

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Energy supplement

Module C—Pharmaceutical allowance

Module D—Youth disability supplement

Module E—Person’s reduction for parental income

Module F—Parental income test

Submodule 1—Parental income test result

Submodule 2—Exemption from parental income test

Submodule 3—Appropriate tax year

Submodule 4—Combined parental income

Submodule 5—Parental income free area

Submodule 6—If person’s combined parental income exceeds parental income free area

Module GA—Maintenance income test

Submodule 1—Maintenance income test result

Submodule 2—Exemption from maintenance income test

Submodule 3—Annualised amount of maintenance income for parent of a person

Submodule 4—Maintenance income free area

Module H—Income test

Module J—Student income bank

Module K—Remote area allowance

Module L—Table of pensions, benefits, allowances and compensation

Part 3.5A—Austudy Payment Rate Calculator

1067H Definitions

1067J Person living at home

1067K Long term income support student

1067L Rate of austudy payment

Austudy Payment Rate Calculator

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Pension supplement

Module BB—Energy supplement

Module C—Pharmaceutical allowance

Module D—Income test

Module E—Student income bank

Module F—Remote area allowance

Chapter 2—Pensions, benefits and allowances

Part 2.12A—Mature age (pre‑1 July 1996) allowances

Division 1—Application of Part

660XAA  Structure 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

 (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.

 (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.

 (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.

 (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.

 (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

 (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 allowance.

 (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)

 (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.

 (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).

660XBB  Assurance of support

  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

 (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.

 (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.

 (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.

 (4) Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:

 (a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or

 (b) the Fair Work Commission or the Australian Industrial Relations Commission; or

 (c) the Federal Court of Australia; or

 (d) the Federal Circuit Court of Australia;

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.

Subdivision B—Qualification for mature age partner allowance

660XBI  Qualification for mature age partner allowance

  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).

660XBJ  Assurance of support

  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

 (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.

 (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

 (1) A mature age allowance is not payable to a person if the person is already receiving a service pension.

 (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: Another payment type will generally not become payable to the person until the person claims it.

 (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)).

 (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

 (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.

 (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

 (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.

 (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

 (1) A mature age partner allowance is not payable to a person if the person is already receiving a service pension.

 (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.

 (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

 (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.

 (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

 (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.

 (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.

 (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)).

 (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.

 (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.

 (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.

 (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

 (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.

 (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.

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.

660XKF  Matters affecting payment of benefits under this Subdivision

 (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).

 (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  Death of recipient

 (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.

 (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: 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

 (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.

 (2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

 (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.

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.

660XKN  Matters affecting payment of benefits under this Subdivision

 (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).

 (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

660YAA  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

 (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 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.

 (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.

 (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

 (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.

 (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.

 (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.

 (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.

 (5) The third requirement is that the person satisfies the Secretary that the person has no recent workforce experience.

 (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.

 (7) The fourth requirement is that the person is an Australian resident.

Note: For Australian resident see section 7.

 (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).

660YBB  Assurance of support

  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

 (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.

 (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

 (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.

 (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: Another payment type will generally not become payable to the person until the person claims it.

 (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)).

 (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.

 (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).

 (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 is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) 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

 (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.

 (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).

 (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.

 (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

 (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.

 (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

 (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: For prescribed educational scheme see section 5.

 (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.

 (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).

660YCI  Exclusion for non‑payment period for job search allowance, newstart allowance or partner allowance

  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

 (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.

 (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.

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

 (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.

 (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  Seasonal workers

 (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).

 (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).

 (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

 (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.

 (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.

 (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

Subdivision A—Preliminary

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

 (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.

 (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.

 (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.

 (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).

Subdivision C—Bereavement payments for person receiving mature age allowance following death of the person’s partner

660YKC  Qualification for payments under this Subdivision

 (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.

 (2) A surviving partner who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

 (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:

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:

Note: For bereavement period and first available bereavement adjustment payday see section 21.

660YKG  Matters affecting payments under this Subdivision

 (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).

 (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.