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Social Security Act 1991

Authoritative Version
  • - C2004A04121
  • In force - Superseded Version
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Act No. 46 of 1991 as made
An Act to provide for the payment of certain pensions, benefits and allowances, and for related purposes
Administered by: Social Services; Home Affairs; Education, Skills and Employment
Date of Assent 23 Apr 1991

Social Security Act 1991

No. 46 of 1991

READER’S GUIDE

This Guide is intended to help you work out where you need to look in the Act to find the information you need. The Guide explains how the Act is arranged and how things like the Table of Parts, the definitions and the notes can help you in reading the Act.

1. Use the Tables of Parts and Provisions to find your area of interest.

The Table of Parts (which is to be found straight after this Guide) is a general list of the contents of the Act. The Table of Provisions (which comes after the Table of Parts) is more detailed—it lists every section in the Act.

2. The Act is divided into 8 Chapters.

Chapter 1 is introductory and contains definitions.

Chapter 2 deals with each type of pension, benefit or allowance under the Act.

Chapter 3 deals with general rules explaining e.g. how to work out the rate of pension, benefit or allowance, how the assets test works etc.

Chapter 4 deals with portability of pensions, benefits or allowances and with international agreements.

 


Chapter 5 deals with overpayments and debt recovery.

Chapter 6 deals with review of decisions made under the Act.

Chapter 7 deals with administrative matters.

Chapter 8 deals with miscellaneous matters, including offences under the Act.

3. There is a separate Part in Chapter 2 for each type of pension, benefit or allowance.

Chapter 2 is divided into Parts. Each Part deals with one type of pension, benefit or allowance. To find out about a particular type of payment (e.g. sole parent pension), look at the Table of Parts at the beginning of the Act. It will direct you to Part 2.6 for the provisions dealing with sole parent pension.

Within each Part dealing with a type of pension, benefit or allowance, the topics are dealt with in this order:

    qualification and payability (who can get the type of payment?)

    claim (how do you go about claiming it?)

    determination of claim (when is it granted from?)

    rate (if it is granted, what will the rate be?)

    payment (how is it paid?)

    protection (how is your payment protected?)

    recipient obligations (if you get it, what are your obligations?)

    continuation, variation and determination (if you get it, when can the rate be increased or decreased and when can the payment be cancelled or suspended?)

    bereavement payments (what happens if you get it and someone who affects your rate dies?)

    fringe benefits (who can get fringe benefits?)

4. The other Chapters deal with general topics.

The other Chapters deal with topics that are relevant to several, or to all, types of pension, benefit or allowance. The main provisions of this kind are:

    rate calculation (Parts 3.1 to 3.8)

    fringe benefits means tests (Part 3.9)

    income and assets test (Parts 3.10, 3.11 and 3.12)

    effect of imprisonment (Part 3.13)

    effect of compensation (Part 3.14)

    indexation (Part 3.15)

    international agreements (Part 4.1)

    overseas portability (Part 4.2)


    overpayments and debt recovery (Chapter 5)

    review of decisions (Chapter 6)

    administration (Chapter 7)

    miscellaneous (Chapter 8)

5. Definitions are generally in Chapter 1.

The definitions of terms used in the Act are generally at the front of the Act, after the Table of Provisions and the formal citation and commencement provisions.

Related definitions have been grouped together to help give a complete picture of the terms relating to a particular topic or concept.

6. The Index of definitions is at section 3.

The Index of defined terms (section 3) has been provided to tell you exactly where a particular term is defined. If you are not sure whether a term is a defined term, or you are not sure where a term is defined, check the Index at section 3.

7. Notes and examples throughout the Act help explain how certain provisions work.

Notes are to be found throughout the text and these are designed to help you find your way through the document. Notes tell you where to find definitions and alert you to other provisions in this Act and in other legislation that are relevant to the text you are reading. Examples are also used to help explain how some provisions work—in particular those involving complex calculations.


Social Security Act 1991

No. 46 of 1991

TABLE OF PARTS

 

 

CHAPTER 1—INTRODUCTORY

Part 1.1

- Formal matters

Part 1.2

- Definitions

Part 1.3

- Determinations having interpretative effect

Part 1.4

- Miscellaneous

 

CHAPTER 2—PENSIONS, BENEFITS AND ALLOWANCES

Part 2.1

- Introduction

Part 2.2

- Age pension

Part 2.3

- Invalid pension

Part 2.4

- Wife pension

Part 2.5

- Carer pension

Part 2.6

- Sole parent pension

Part 2.7

- Widowed person allowance

Part 2.8

- Widow B pension

Part 2.9

- Sheltered employment allowance

Part 2.10

- Rehabilitation allowance

Part 2.11

- Unemployment benefit

Part 2.12

- Job search allowance

Part 2.13

- Employment Entry Payment

Part 2.14

- Sickness benefit

Part 2.15

- Special benefit

Part 2.16

- Special needs pensions

Part 2.17

- Family allowance

Part 2.18

- Family allowance supplement

Part 2.19

- Child disability allowance

Part 2.20

- Double orphan pension

Part 2.21

- Mobility allowance


TABLE OF PARTS—continued

 

 

CHAPTER 3—GENERAL PROVISIONS RELATING TO PAYABILITY AND RATES

 

Part 3.1

- Rate Calculators (General)

Part 3.2

- Pension Rate Calculator A

Part 3.3

- Pension Rate Calculator B

Part 3.4

- Pension Rate Calculator C

Part 3.5

- Benefit Rate Calculator A

Part 3.6

- Benefit Rate Calculator B

Part 3.7

- Family Allowance Rate Calculator

Part 3.8

- Family Allowance Supplement Rate Calculator

Part 3.9

- Fringe benefits means test calculators

Part 3.10

- General provisions relating to the ordinary income test

Part 3.11

- General provisions relating to the maintenance income test

Part 3.12

- General provisions relating to the assets test

Part 3.13

- Imprisonment

Part 3.14

- Compensation recovery

Part 3.15

- New Enterprise Incentive Scheme

Part 3.16

- Indexation

Part 3.17

- Miscellaneous

 

 

CHAPTER 4—INTERNATIONAL AGREEMENTS AND PORTABILITY

Part 4.1

- International agreements

Part 4.2

- Overseas portability

 

 

CHAPTER 5—OVERPAYMENTS AND DEBT RECOVERY

Part 5.1

- Effect of Chapter

Part 5.2

- Amounts recoverable under this Act

Part 5.3

- Methods of recovery

Part 5.4

- Non-recovery of overpayments and debts

 

 

CHAPTER 6—REVIEW OF DECISIONS

Part 6.1

- Internal review

Part 6.2

- Review by the Social Security Appeals Tribunal

Part 6.3

- Procedures for review by the SSAT

Part 6.4

- Review by Administrative Appeals Tribunal

 

 

CHAPTER 7—ADMINISTRATION

Part 7.1

- General administration

Part 7.2

- Information management

Part 7.3

- Social Security Appeals Tribunal

 

 

CHAPTER 8—MISCELLANEOUS

 

 

SCHEDULES


Social Security Act 1991

No. 46 of 1991

TABLE OF PROVISIONS

 

 

CHAPTER 1—INTRODUCTORY

 

PART 1.1—FORMAL MATTERS

Section

 

1.

Short title

2.

Commencement

 

PART 1.2—DEFINITIONS

3.

Index of definitions

4.

Family relationships definitions—couples

 

Member of a couplegeneral

 

Member of a couplecriteria for marriage-like relationship

 

Member of a couplespecial excluding determination

 

Illness separated couple

 

Respite care couple

 

Approved respite care

 

Benefit increase partner

 

Standard family situation categories

5.

Family relationships definitions—children

 

Dependent childunder 16

 

Dependent child16 and over

 

Dependent childpension and benefit recipients

 

Dependent childresidence requirements

 

Receiving full-time educationeducation leavers

 

Prescribed student child

6.

Family payments definitions

7.

Australian residence definitions

8.

Income test definitions

 

Earned, derived or received

 

Domestic payments


TABLE OF PROVISIONS—continued

 

Section

 

 

Excluded amountshome equity conversion (not member of a couple)

 

Excluded amountshome equity conversion (member of a couple)

 

Home equity conversion (amount owed)

 

Home equity conversion (principal home)

 

Excluded amountsgeneral

9.

Investment income definitions

10.

Maintenance income definitions

11.

Assets test definitions

 

Homeowner

 

Principal home

 

Granny flat interest

 

Pension yeardisposal of assets

 

Unrealisable asset

12.

Retirement villages definitions

13.

Rent definitions

 

Board and lodging

 

Nursing homes

14.

Remote area definitions

15.

UB and JSA work test definitions

16.

UB and JSA industrial action definitions

 

Industrial action

 

Trade unions divided into branches

17.

Compensation recovery definitions

 

Compensation

 

Compensation part of a lump sum

 

Receives compensation

 

Insurer

 

Payment for a period

18.

Incentive allowance definitions

19.

Mobility allowance definitions

20.

Indexation and rate adjustment definitions

 

Publication of substituted index numbers

 

Change to CPI reference base

 

Publication of substituted AWE amount

21.

Bereavement definitions

22.

Review of decisions definitions

23.

General definitions

 

Transferee to social security benefit

 

PART 1.3—DETERMINATIONS HAVING INTERPRETATIVE EFFECT

24.

Person may be treated as not being a member of a couple (subsection 4(2))

25.

Independent living training (incentive allowance)

26.

Approval of short term vocational courses (UB and JSA work test)

27.

Approval of vocational courses (UB work test)

28.

Approval of voluntary organisations (UB and JSA work test)

29.

Approval of friendly societies

30.

Approval of mental hospitals

31.

Approval of follow-up rehabilitation programs

32.

Approval of sheltered employment—non-profit organisation

33.

Approval of sheltered employment—supported employment

34.

Approval of benevolent homes

35.

Approval of care organisation

36.

Major disaster

37.

Dependent child—inmate of a mental hospital

38.

Specification of foreign country

 

PART 1.4—MISCELLANEOUS

39.

Tables, Calculators etc. form part of section


TABLE OF PROVISIONS—continued

 

Section

 

 

CHAPTER 2—PENSIONS, BENEFITS AND ALLOWANCES

 

PART 2.1—INTRODUCTION

40.

Order of provisions/structure of Parts

41.

Qualification for/payability of pension, benefit or allowance

42.

Payday-based payments and period-based payments

 

PART 2.2—AGE PENSION

 

Division 1Qualification for and payability of age pension

 

Subdivision AQualification

43.

Qualification for age pension

 

Subdivision BPayability

44.

Age pension not payable in some circumstances

45.

Age pension generally not payable before claim

46.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for age pension

 

Early claim

47.

Multiple entitlement exclusion

 

Division 2Claim for age pension

48.

Need for a claim

49.

Form of claim

50.

Lodgment of claim

51.

Claimant must be Australian resident and in Australia

 

Division 3Determination of claim

52.

Secretary to determine claim

53.

Grant of claim

54.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Division 4Rate of age pension

55.

How to work out a person’s age pension rate

 

Division 5Payment of age pension

56.

Commencement of age pension

57.

Payment by instalments

58.

Effect on instalments of backdating claim

59.

Calculation of amount of instalment

60.

Inmates of benevolent homes

61.

Manner of payment

62.

Nominee payments

63.

Payment into bank account etc.

64.

Where pension payday would fall on public holiday etc.

65.

Payment of pension after death

 

Division 6Protection of age pension

66.

Age pension to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

67.

Effect of garnishee or attachment order


TABLE OF PROVISIONS—continued

 

Section

 

 

Division 7Recipient obligations

68.

Secretary may require notice of the happening of an event or a change in circumstances

69.

Secretary may require recipient to give particular information relevant to payment of age pension

70.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

71.

Continuing effect of determination

 

Entitlement determination

 

Rate determination

 

Subdivision BAutomatic termination

72.

Automatic termination—recipient complying with section 68 notification obligations

73.

Automatic termination—recipient not complying with section 68 notification obligations

 

Subdivision CAutomatic rate reduction

74.

Automatic rate reduction—recipient not complying with section 68 notification obligations

75.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

 

Subdivision DDeterminations

76.

Rate increase determination

77.

Rate reduction determination

78.

Cancellation or suspension determination

79.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

80.

Date of effect of favourable determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Notified change of circumstances

 

Prescribed student child determination

 

Other determinations

81.

Date of effect of adverse determination

 

General

 

Contravention of Act

 

False statement or misrepresentationsuspension or cancellation

 

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments

 

Subdivision ADeath of pensioner partner

82.

Qualification for payments under this Subdivision

83.

Continued payment of partner’s pension or allowance

84.

Lump sum payable in some circumstances

85.

Adjustment of person’s age pension rate

86.

Effect of death of person entitled to payments under this Subdivision

87.

Matters affecting payment of benefits under this Subdivision


TABLE OF PROVISIONScontinued

 

Section

 

 

Subdivision BDeath of dependent child

88.

Bereavement payments on death of dependent child

89.

Continued payment of child-related amounts

90.

Lump sum payable in some circumstances

 

Subdivision CDeath of recipient

91.

Death of recipient

 

Division 10Fringe benefits

92.

Fringe benefits

93.

Qualification for fringe benefits

 

PART 2.3—INVALID PENSION

 

Division 1Qualification for and payability of invalid pension

 

Subdivision AQualification

94.

Qualification for invalid pension

 

Permanent incapacity for work

 

Permanent blindness

 

Subdivision BPayability

95.

Invalid pension not payable in some circumstances

96.

Invalid pension generally not payable before claim

97.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for invalid pension

 

Early claim

98.

Multiple entitlement exclusion

99.

Secretary may require person to have medical examination, attend course or undertake work

 

Division 2Claim for invalid pension

100.

Need for a claim

101.

Form of claim

102.

Lodgment of claim

103.

Claimant must be Australian resident and in Australia

 

Division 3Determination of claim

104.

Secretary to determine claim

105.

Grant of claim

106.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Division 4Medical examination following claim

107.

Examination by medical practitioner

 

Division 5Rate of invalid pension

108.

How to work out a person’s invalid pension rate


TABLE OF PROVISIONS—continued

 

Section

 

 

Division 6Payment of invalid pension

109.

Commencement of invalid pension

110.

Payment by instalments

111.

Effect on instalments of backdating claim

112.

Calculation of amount of instalment

113.

Inmates of benevolent homes

114.

Manner of payment

115.

Nominee payments

116.

Payment into bank account etc.

117.

Where pension payday would fall on public holiday etc.

118.

Payment of pension after death

 

Division 7Protection of invalid pension

119.

Invalid pension to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

120.

Effect of garnishee or attachment order

 

Division 8Recipient obligations

121.

Secretary may require notice of the happening of an event or a change in circumstances

122.

Secretary may require recipient to give particular information relevant to payment of invalid pension

123.

Self incrimination

 

Division 9Continuation, variation and termination

 

Subdivision AGeneral

124.

Continuing effect of determination

 

Entitlement determination

 

Rate determination

 

Subdivision BAutomatic termination

125.

Automatic termination—recipient complying with section 121 notification obligations

126.

Automatic termination—recipient not complying with section 121 notification obligations

 

Subdivision C—Automatic rate reduction

127.

Automatic rate reduction—recipient not complying with section 121 notification obligations

128.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

 

Subdivision DDeterminations

129.

Rate increase determination

130.

Rate reduction determination

131.

Cancellation or suspension determination

132.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

133.

Date of effect of favourable determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Notified change of circumstances


TABLE OF PROVISIONS—continued

 

Section

Prescribed student child determination

 

Other determinations

134.

Date of effect of adverse determination

 

General

 

Contravention of Act

 

False statement or misrepresentationsuspension or cancellation

 

False statement or misrepresentationrate reduction

 

Division 10Bereavement payments

 

Subdivision ADeath of pensioner partner

135.

Qualification for payments under this Subdivision

136.

Continued payment of partner’s pension or allowance

137.

Lump sum payable in some circumstances

138.

Adjustment of person’s invalid pension rate

139.

Effect of death of person entitled to payments under this Subdivision

140.

Matters affecting payment of benefits under this Subdivision

 

Subdivision BDeath of dependent child

141.

Bereavement payments on death of dependent child

142.

Continued payment of child-related amounts

143.

Lump sum payable in some circumstances

 

Subdivision CDeath of recipient

144.

Death of recipient

 

Division 11Fringe benefits

145.

Fringe benefits

146.

Qualification for fringe benefits

 

PART 2.4—WIFE PENSION

 

Division 1—Qualification for and payability of wife pension

 

Subdivision A—Qualification

147.

Qualification for wife pension

 

Subdivision BPayability

148.

Wife pension not payable in some circumstances

149.

Wife pension generally not payable before claim

150.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for wife pension

 

Early claim

151.

Multiple entitlement exclusion

 

Division 2—Claim for wife pension

152.

Need for a claim

153.

Form of claim

154.

Lodgment of claim

155.

Claimant must be Australian resident and in Australia


TABLE OF PROVISIONS—continued

 

Section

 

 

Division 3Determination of claim

156.

Secretary to determine claim

157.

Grant of claim

158.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Division 4Rate of wife pension

159.

How to work out the rate of wife pension

 

Division 5Payment of wife pension

160.

Commencement of wife pension

161.

Payment by instalments

162.

Effect on instalments of backdating claim

163.

Calculation of amount of instalment

164.

Inmates of benevolent homes

165.

Manner of payment

166.

Nominee payments

167.

Payment into bank account etc.

168.

Where pension payday would fall on public holiday etc.

169.

Payment of pension after death

 

Division 6Protection of wife pension

170.

Wife pension to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

171.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

172.

Secretary may require notice of the happening of an event or a change in circumstances

173.

Secretary may require recipient to give particular information relevant to payment of wife pension

174.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

175.

Continuing effect of determination

 

Entitlement determination

 

Rate determination

 

Subdivision BAutomatic termination

176.

Automatic termination—recipient complying with section 172 notification obligations

177.

Automatic termination—recipient not complying with section 172 notification obligations

 

Subdivision CAutomatic rate reduction

178.

Automatic rate reduction—recipient not complying with section 172 notification obligations

179.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available


TABLE OF PROVISIONS—continued

Section

 

 

Subdivision DDeterminations

180.

Rate increase determination

181.

Rate reduction determination

182.

Cancellation or suspension determination

183.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

184.

Date of effect of favourable determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Notified change of circumstances

 

Prescribed student child determination

 

Other determinations

185.

Date of effect of adverse determination

 

General

 

Contravention of Act

 

False statement or misrepresentationsuspension or cancellation

 

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments

 

Subdivision AContinuation of wife pension where partner dies

186.

Continuation of wife pension for bereavement period

187.

Continued wife pension rate

 

Subdivision BDeath of pensioner partner

188.

Qualification for payments under this Subdivision

189.

Continued payment of partner’s pension or allowance

190.

Lump sum payable in some circumstances

191.

Effect of death of person entitled to payments under this Subdivision

192.

Matters affecting payment of benefits under this Subdivision

 

Subdivision CDeath of dependent child

193.

Bereavement payments on death of dependent child

194.

Continued payment of child-related amounts

195.

Lump sum payable in some circumstances

 

Division 10Fringe benefits

196.

Fringe benefits

197.

Qualification for fringe benefits

 

PART 2.5—CARER PENSION

 

Division 1Qualification for and payability of carer pension

 

Subdivision AQualification

198.

Qualification for carer pension

 

Subdivision BPayability

199.

Carer pension not payable in some circumstances

200.

Carer pension generally not payable before claim

201.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for carer pension

 

Early claim


TABLE OF PROVISIONS—continued

 

Section

 

202.

Multiple entitlement exclusion

 

Division 2Claim for carer pension

203.

Need for a claim

204.

Form of claim

205.

Lodgment of claim

206.

Claimant must be Australian resident and in Australia

 

Division 3Determination of claim

207.

Secretary to determine claim

208.

Grant of claim

209.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Division 4Rate of carer pension

210.

How to work out a person’s carer pension rate

 

Division 5Payment of carer pension

211.

Commencement of carer pension

212.

Payment by instalments

213.

Effect on instalments of backdating claim

214.

Calculation of amount of instalment

215.

Manner of payment

216.

Nominee payments

217.

Payment into bank account etc.

218.

Where pension payday would fall on public holiday etc.

219.

Payment of pension after death

 

Division 6—Protection of carer pension

220.

Carer pension to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

221.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

222.

Secretary may require notice of the happening of an event or a change in circumstances

223.

Secretary may require recipient to give particular information relevant to payment of carer pension

224.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

225.

Continuing effect of determination

 

Entitlement determination

 

Rate determination

 

Subdivision BAutomatic termination

226.

Automatic termination—recipient complying with section 222 notification obligations

227.

Automatic termination—recipient not complying with section 222 notification obligations


TABLE OF PROVISIONS—continued

 

Section

 

 

Subdivision CAutomatic rate reduction

228.

Automatic rate reduction—recipient not complying with section 222 notification obligations

 

Subdivision DDeterminations

229.

Rate increase determination

230.

Rate reduction determination

231.

Cancellation or suspension determination

232.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

233.

Date of effect of favourable determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Notified change of circumstances

 

Prescribed student child determination

 

Other determinations

234.

Date of effect of adverse determination

 

General

 

Contravention of Act

 

False statement or misrepresentationsuspension or cancellation

 

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments

 

Subdivision AContinuation of carer pension

235.

Continuation of carer pension for bereavement period where person cared for dies

236.

Continued carer pension rate

 

Subdivision BDeath of pensioner partner

237.

Qualification for payments under this Subdivision

238.

Continued payment of partner’s pension or allowance

239.

Lump sum payable in some circumstances

240.

Adjustment of person’s carer pension rate

241.

Effect of death of person entitled to payments under this Subdivision

242.

Matters affecting payment of benefits under this Subdivision

 

Subdivision CDeath of dependent child

243.

Bereavement payments on death of dependent child

244.

Continued payment of child-related amounts

245.

Lump sum payable in some circumstances

 

Subdivision DDeath of recipient

246.

Death of recipient

 

Division 10Fringe benefits

247.

Fringe benefits

248.

Qualification for fringe benefits


TABLE OF PROVISIONScontinued

 

Section

 

 

PART 2.6SOLE PARENT PENSION

 

Division 1Qualification for and payability of sole parent pension

 

Subdivision AQualification

249.

Qualification for sole parent pension

250.

SPP (sole parent pension) child

251.

Young person to be SPP child for only one person

252.

Effect of maintenance rights on qualification for sole parent pension

 

Subdivision BPayability

253.

Sole parent pension not payable in some circumstances

254.

Sole parent pension generally not payable before claim

255.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for sole parent pension

 

Early claim

256.

Backdating—death of partner etc.

257.

Backdating—birth of child

258.

Multiple entitlement exclusion

 

Division 2Claim for sole parent pension

259.

Need for a claim

260.

Form of claim

261.

Lodgment of claim

262.

Claimant must be Australian resident and in Australia

263.

Secretary may require some claimants to give information about domestic

 

circumstances

 

De facto relationship

 

Living separately and apart under the one roof

 

Kind of information that can be specified

 

Notice to state effect of failure to comply with notice

 

Offence

264.

Secretary’s obligations if claimant complies with section 263 notice

 

De facto relationship

 

Favourable subsection (1) determination to be followed by investigation moratorium

 

Living separately and apart under the one roof

 

Favourable subsection (3) determination to be followed by investigation

 

moratorium

265.

Effect of failure by claimant to comply with section 263 notice

 

Division 3Determination of claim

266.

Secretary to determine claim

267.

Grant of claim

268.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Division 4Rate of sole parent pension

269.

How to work out a person’s sole parent pension rate

 

Division 5Payment of sole parent pension

270.

Commencement of sole parent pension

271.

Payment by instalments

272.

Effect on instalments of backdating claim


TABLE OF PROVISIONScontinued

 

Section

 

273.

Calculation of amount of instalment

274.

Inmates of benevolent homes

275.

Manner of payment

276.

Nominee payments

277.

Payment into bank account etc.

278.

Where pension payday would fall on public holiday etc.

279.

Payment of pension after death

 

Division 6Protection of sole parent pension

280.

Sole parent pension to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

281.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

282.

Secretary may require some recipients to give information about domestic circumstances

 

De facto relationship

 

Living separately and apart under the one roof

 

Kind of information that may be specified

 

Notice to state effect of failure to comply with notice

 

Offence

283.

Secretary’s obligations if recipient complies with section 282 notice

 

De facto relationship

 

Favourable subsection (1) determination to be followed by investigation moratorium

 

Living separately and apart under the one roof

 

Favourable subsection (3) determination to be followed by investigation moratorium

284.

Secretary may require notice of the happening of an event or a change in circumstances

285.

Secretary may require recipient to give particular information relevant to payment of sole parent pension

286.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

287.

Continuing effect of determination

 

Entitlement determination

 

Rate determination

 

Subdivision BAutomatic termination

288.

Automatic termination—recipient complying with section 284 notification obligations

289.

Automatic termination—recipient not complying with section 284 notification obligations

290.

Automatic termination—failure to provide section 285 statement

 

Subdivision CAutomatic rate reduction

291.

Automatic rate reduction—recipient not complying with section 284 notification obligations

292.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

 

Subdivision DDeterminations

293.

Rate increase determination

294.

Rate reduction determination


TABLE OF PROVISIONScontinued

 

Section

 

295.

Cancellation or suspension determination

296.

Suspension for failure to comply with section 282 notice

297.

Cancellation for failure to comply with subsection 296 (2) notice

298.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

299.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

300.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments

 

Subdivision AContinuation of sole parent pension

301.

Continuation of sole parent pension for bereavement period where recipient’s only SPP child dies

302.

Continued sole parent pension rate

 

Subdivision BDeath of pensioner partner

303.

Qualification for payments under this Subdivision

304.

Continued payment of partner’s pension or allowance

305.

Lump sum payable in some circumstances

306.

Adjustment of person’s sole parent pension rate

307.

Effect of death of person entitled to payments under this Subdivision

308.

Matters affecting payment of benefits under this Subdivision

 

Subdivision CDeath of dependent or maintained child

309.

Bereavement payments on death of dependent or maintained child

310.

Continued payment of child-related amounts

311.

Lump sum payable in some circumstances

 

Subdivision DDeath of recipient

312.

Death of recipient

 

Division 10Fringe benefits

313.

Fringe benefits

314.

Qualification for fringe benefits

 

PART 2.7—WIDOWED PERSON ALLOWANCE

 

Division 1Qualification for and payability of widowed person allowance

 

Subdivision AQualification

315.

Qualification for widowed person allowance

 

Subdivision BPayability

316.

Widowed person allowance not payable in some circumstances

317.

Widowed person allowance generally not payable before claim


TABLE OF PROVISIONScontinued

 

Section

 

318.

Provisional commencement day

General rule

Initial incorrect claim followed by claim for widowed person allowance

Early claim

319.

Backdating—death of partner etc.

320.

Backdating—birth of child

321.

Multiple entitlement exclusion

 

Division 2Claim for widowed person allowance

322.

Need for a claim

323.

Form of claim

324.

Lodgment of claim

325.

Claimant must be Australian resident and in Australia

 

Division 3Determination of claim

326.

Secretary to determine claim

327.

Grant of claim

328.

Date of effect of determination

 

Notified decisionreview sought within 3 months Notified decisionreview sought after 3 months Decision not notified

 

Division 4Rate of widowed person allowance

329.

How to work out a person’s widowed person allowance rate

 

Division 5Payment of widowed person allowance

330.

Commencement of widowed person allowance

331.

Payment by instalments

332.

Effect on instalments of backdating claim

333.

Calculation of amount of instalment

334.

Manner of payment

335.

Nominee payments

336.

Payment into bank account etc.

337.

Where allowance payday would fall on public holiday etc.

338.

Payment of allowance after death

 

Division 6Protection of widowed person allowance

339.

Widowed person allowance to be absolutely inalienable

 

Payment to Commissioner of Taxation at recipient’s request

340.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

341.

Secretary may require notice of the happenning of an event or a change in circumstances

342.

Secretary may require recipient to give particular information relevant to payment of widowed person allowance

343.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

344.

Continuing effect of determination

 

Entitlement determination

 

Rate determination


TABLE OF PROVISIONScontinued

 

Section

 

 

Subdivision BAutomatic termination

345.

Automatic termination—recipient complying with section 341 notification obligations

346.

Automatic termination—recipient not complying with section 341 notification obligations

347.

Automatic termination—failure to provide section 342 statement

 

Subdivision CAutomatic rate reduction

348.

Automatic rate reduction—recipient not complying with section 341 notification obligations

349.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

 

Subdivision DDeterminations

350.

Rate increase determination

351.

Rate reduction determination

352.

Cancellation or suspension determination

353.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

354.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

355.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments

 

Subdivision ADeath of dependent or maintained child

356.

Bereavement payments on death of dependent child

357.

Continued payment of child-related amounts

358.

Lump sum payable in some circumstances

 

Subdivision BDeath of recipient

359.

Death of recipient

 

Division 10Fringe benefits

360.

Fringe benefits

361.

Qualification for fringe benefits

 

PART 2.8—WIDOW B PENSION

 

Division 1Qualification for and payability of widow B pension

 

Subdivision AQualification

362.

Qualification for widow B pension

363.

Effect of maintenance rights on qualification for widow B pension


TABLE OF PROVISIONScontinued

 

Section

 

 

Subdivision BPayability

364.

Widow B pension not payable in some circumstances

365.

Widow B pension generally not payable before claim

366.

Provisional commencement day

General rule

Initial incorrect claim followed by claim for widow B pension

Early claim

367.

Backdating—death of partner etc.

368.

Multiple entitlement exclusion

 

Division 2Claim for widow B pension

369.

Need for a claim

370.

Form of claim

371.

Lodgment of claim

372.

Claimant must be Australian resident and in Australia

 

Division 3Determination of claim

373.

Secretary to determine claim

374.

Grant of claim

375.

Date of effect of determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

 

Division 4Rate of widow B pension

376.

How to work out the rate of widow B pension

 

Division 5Payment of widow B pension

377.

Commencement of widow B pension

378.

Payment by instalments

379.

Effect on instalments of backdating claim

380.

Calculation of amount of instalment

381.

Inmates of benevolent homes

382.

Manner of payment

383.

Nominee payments

384.

Payment into bank account etc.

385.

Where pension payday would fall on public holiday etc.

386.

Payment of pension after death

 

Division 6Protection of widow B pension

387.

Widow B pension to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

388.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

389.

Secretary may require notice of the happening of an event or a change in circumstances

390.

Secretary may require recipient to give particular information relevant to payment of widow B pension

391.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

392.

Continuing effect of determination

 

Entitlement determination

 

Rate determination


TABLE OF PROVISIONScontinued

 

Section

 

 

Subdivision BAutomatic termination

393.

Automatic termination—recipient complying with section 389 notification obligations

394.

Automatic termination—recipient not complying with section 389 notification obligations

395.

Automatic termination—failure to provide section 390 statement

 

Subdivision CAutomatic rate reduction

396.

Automatic rate reduction—recipient not complying with section 389 notification obligations

397.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

 

Subdivision DDeterminations

398.

Rate increase determination

399.

Rate reduction determination

400.

Cancellation or suspension determination

401.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

402.

Date of effect of favourable determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

403.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 9—Bereavement payments

 

Subdivision A—Death of dependent or maintained child

404.

Bereavement payments on death of dependent or maintained child

405.

Continued payment of child-related amounts

406.

Lump sum payable in some circumstances

 

Subdivision BDeath of recipient

407.

Death of recipient

 

Division 10Fringe benefits

408.

Fringe benefits

409.

Qualification for fringe benefits

 

PART 2.9—SHELTERED EMPLOYMENT ALLOWANCE

 

Division 1Qualification for and payability of sheltered employment allowance

 

Subdivision AQualification

410.

Qualification for sheltered employment allowance

Qualified for invalid pension

Not qualified for invalid pension


TABLE OF PROVISIONScontinued

 

Section

 

 

Subdivision BPayability

411.

Sheltered employment allowance not payable in some circumstances

412.

Sheltered employment allowance not payable before day determined by Secretary

413.

Multiple entitlement exclusion

414.

Sheltered employment allowance not payable if in person’s interest to receive other pension or benefit

415.

Secretary may require person to have medical examination, attend course or undertake work

 

Division 2Claim for sheltered employment allowance

416.

Secretary may require claim

417.

Form of claim

418.

Lodgment of claim

 

Division 3Determination of claim

419.

Secretary to determine claim

420.

Grant of claim

421.

Date of effect of determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

 

Division 4Rate of sheltered employment allowance

422.

Rate of sheltered employment allowance

423.

Incentive allowance

 

Division 5Payment of sheltered employment allowance

424.

Commencement of sheltered employment allowance

425.

Payment by instalments

426.

Effect on instalments of backdated determination

427.

Calculation of amount of instalment

428.

Manner of payment

429.

Nominee payments

430.

Payment into bank account etc.

431.

Where allowance payday would fall on public holiday etc.

432.

Payment of allowance after death

 

Division 6Protection of sheltered employment allowance

433.

Sheltered employment allowance to be absolutely inalienable

Payments to Commissioner of Taxation at recipient’s request

434.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

435.

Secretary may require notice of the happening of an event or a change in circumstances

436.

Secretary may require recipient to give particular information relevant to payment of sheltered employment allowance

437.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision A—General

438.

Continuing effect of determination

Entitlement determination

Rate determination


TABLE OF PROVISIONScontinued

 

Section

 

 

Subdivision BAutomatic termination

439.

Automatic termination—recipient complying with section 435 notification obligations

440.

Automatic termination—recipient not complying with section 435 notification obligations

 

Subdivision CAutomatic rate reduction

441.

Automatic rate reduction—recipient not complying with section 435 notification obligations

442.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

 

Subdivision DDeterminations

443.

Rate increase determination

444.

Rate reduction determination

445.

Cancellation or suspension determination

446.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

447.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

448.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments

 

Subdivision ADeath of pensioner partner

449.

Qualification for payments under this Subdivision

450.

Continued payment of partner’s pension or allowance

451.

Lump sum payable in some circumstances

452.

Adjustment of person’s sheltered employment allowance rate

453.

Effect of death of person entitled to payments under this Subdivision

454.

Matters affecting payment of benefits under this Subdivision

 

Subdivision BDeath of dependent child

455.

Bereavement payments on death of dependent child

456.

Continued payment of child-related amounts

457.

Lump sum payable in some circumstances

 

Subdivision CDeath of recipient

458.

Death of recipient

 

Division 10Fringe benefits

459.

Fringe benefits

460.

Qualification for fringe benefits


TABLE OF PROVISIONScontinued

Section

 

 

PART 2.10REHABILITATION ALLOWANCE

 

Division 1Qualification for and payability of rehabilitation allowance

 

Subdivision AQualification

461.

Qualification for rehabilitation allowance

 

Subdivision BPayability

462.

Rehabilitation allowance not payable in some circumstances

463.

Rehabilitation allowance not payable before date determined by Secretary

464.

Multiple entitlement exclusion

 

Division 2Claim for rehabilitation allowance

465.

Secretary may require claim

466.

Form of claim

467.

Lodgment of claim

 

Division 3Determination of claim

468.

Secretary to determine claim

469.

Grant of claim

470.

Date of effect of determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

 

Division 4Rate of rehabilitation allowance

471.

How to work out the rate of rehabilitation allowance

472.

Rate of rehabilitation allowance—person previously receiving invalid pension

473.

Qualifying payment

Person receiving a payment before rehabilitation program

Person not receiving a payment before rehabilitation program

474.

Rate of rehabilitation allowance—person not receiving invalid pension before rehabilitation program

475.

Amount payable on pension payday—social security benefit

 

Division 5Payment of rehabilitation allowance

476.

Commencement of rehabilitation allowance

477.

Payment by instalments

478.

Effect on instalments of backdated determination

479.

Calculation of amount of instalment

480.

Manner of payment

481.

Nominee payments

482.

Payment into bank account etc.

483.

Where allowance payday would fall on public holiday etc.

484.

Payment of allowance after death

 

Division 6Protection of rehabilitation allowance

485.

Rehabilitation allowance to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

486.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

487.

Secretary may require notice of the happening of an event or a change in circumstances

488.

Secretary may require recipient to give particular information relevant to payment of rehabilitation allowance

489.

Self incrimination


TABLE OF PROVISIONScontinued

Section

 

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

490.

Continuing effect of determination

Entitlement determination

Rate determination

 

Subdivision BAutomatic termination

491.

Automatic termination—recipient complying with section 487 notification obligations

492.

Automatic termination—recipient not complying with section 487 notification obligations

 

Subdivision C—Automatic rate reduction

493.

Automatic rate reduction—recipient not complying with section 487 notification obligations

494.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

 

Subdivision DDeterminations

495.

Rate increase determination

496.

Rate reduction determination

497.

Cancellation or suspension determination

498.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

499.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

500.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments

 

Subdivision ADeath of pensioner partner

501.

Qualification for payments under this Subdivision

502.

Continued payment of partner’s pension or allowance

503.

Lump sum payable in some circumstances

504.

Adjustment of person’s rehabilitation allowance rate

505.

Effect of death of person entitled to payments under this Subdivision

506.

Matters affecting payment of benefits under this Subdivision

 

Subdivision BDeath of dependent child

507.

Bereavement payments on death of dependent child

508.

Continued payment of child-related amounts

509.

Lump sum payable in some circumstances

 

Subdivision CDeath of recipient

510.

Death of recipient


TABLE OF PROVISIONScontinued

Section

 

 

Division 10Fringe benefits

511.

Fringe benefits

512.

Qualification for fringe benefits

 

PART 2.11—UNEMPLOYMENT BENEFIT

 

Division 1Qualification for and payability of unemployment benefit

 

Subdivision ABasic qualifications

513.

Qualification for unemployment benefit

514.

Unemployment due to industrial action

515.

Move to area of lower employment

516.

Some people not required to be registered at the CES

517.

Prospective determinations for some beneficiaries

 

Subdivision B—Work test

518.

Work test

 

Persons undertaking paid work may be treated as unemployed

519.

Relief from work test—certain persons over 55 in employment

520.

Relief from work test—persons attending training camps

521.

Relief from work test—certain persons in remote areas

522.

Relief from work test—long-term beneficiaries under 55 in short-term vocational courses

523.

Relief from work test—long-term beneficiaries under 55 engaged in voluntary work

524.

Relief from work test—persons over 55 in short-term vocational courses

525.

Relief from work test—long-term beneficiaries over 55 in vocational

 

courses

526.

Relief from work test—persons over 55 engaged in voluntary work

527.

Relief from work test—long-term beneficiaries over 55 engaged in voluntary work

 

Subdivision CSituations where benefit not payable (general)

528.

Unemployment benefit not payable in certain circumstances

529.

Provision of tax file number

530.

Assets test—benefit not payable if assets value limit exceeded

531.

Value of assets of members of couples

532.

Full-time students

533.

Multiple entitlement exclusion

534.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for unemployment benefit

 

Claim within 14 days of CES registration

 

Education leavers who claim within 14 days of CES registration

 

Transferees

535.

Commencement of unemployment benefit

 

Subdivision DSituations where benefit not payable (waiting periods)

536.

Unused annual leave waiting period

537.

Notional leave period

538.

Duration of unused annual leave waiting period

539.

Ordinary waiting period

540.

Duration of ordinary waiting period

 

No unused annual leave waiting period

 

Unused annual leave waiting period

541.

Education leavers waiting period

 

Persons subject to waiting period

 

No education leavers waiting period in some cases where already served

 


TABLE OF PROVISIONScontinued

Section

 

542.

Duration of education leavers waiting period

 

General rule

 

Change of status in first 6 weeks

 

Change of status after 6 weeks

 

Notification required

 

Reduction of waiting period for periods of special benefit and employment

 

Reduction of education leavers waiting period where already partially served

 

6 month ceiling

 

Subdivision ESituations where benefit not payable (recipient non-compliance)

543.

Secretary may require person to attend course or undertake work

544.

Unemployment due to voluntary act

545.

Unemployment due to misconduct

546.

Refusal of job offer

547.

Removal from benefit for failure to take reasonable steps to find work

548.

Removal from benefit for failure to comply with notification requirements

549.

Removal from benefit for failure to continue CES registration

550.

Seasonal workers

551.

Move to area of lower employment

 

Division 2Claim for unemployment benefit

552.

Need for a claim

553.

Form of claim

554.

Lodgment of claim

555.

Claimant must be Australian resident and in Australia

 

Division 3Determination of claim

556.

Secretary to determine claim

557.

Grant of claim

558.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Division 4Rate of unemployment benefit

559.

How to work out a person’s unemployment benefit rate

560.

Double payment—claim as a result of major disaster

 

Division 5Payment of unemployment benefit

561.

Commencement of unemployment benefit

562.

Instalments

563.

Instalments for period less than a fortnight

564.

Rounding off instalment

565.

Manner of payment

566.

Nominee payments

567.

Payment into bank account etc.

568.

Where benefit payday would fall on public holiday etc.

569.

Payment of benefit after death

 

Division 6Protection of unemployment benefit

570.

Unemployment benefit to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

571.

Effect of garnishee or attachment order

 


TABLE OF PROVISIONScontinued

Section

 

 

Division 7Recipient obligations

572.

Secretary may require notice of the happening of an event or a change in circumstances

573.

Secretary may require recipient to give particular information relevant to payment of unemployment benefit

574.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

575.

Continuing effect of determination

Entitlement determination

Rate determination

 

Subdivision BAutomatic termination

576.

Automatic termination—recipient complying with section 572 notification obligations

577.

Automatic termination—recipient not complying with section 572 notification obligations

578.

Automatic termination—failure to provide section 573 statement

 

Subdivision CAutomatic rate reduction

579.

Automatic rate reduction—recipient not complying with section 572 notification obligations

 

Subdivision DDeterminations

580.

Rate increase determination

581.

Rate reduction determination

582.

Cancellation or suspension determination

583.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

584.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

585.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments (death of dependent child)

586.

Bereavement payments on death of dependent child

587.

Continued payment of child-related amounts

588.

Lump sum payable in some circumstances


TABLE OF PROVISIONScontinued

Section

 

 

PART 2.12—JOB SEARCH ALLOWANCE

 

Division 1Qualification for and payability of job search allowance

 

Subdivision ABasic qualifications

589.

Qualification for job search allowance

590.

Unemployment due to industrial action

591.

Move to area of lower employment

592.

Certain persons not required to be registered at the CES

593.

Prospective determinations for some beneficiaries

 

Subdivision BWork test

594.

Work test

 

Persons undertaking paid work may be treated as unemployed

595.

Relief from work test—persons attending training camps

596.

Relief from work test—certain persons in remote areas

597.

Relief from work test—long-term beneficiaries in short-term vocational courses

598.

Relief from work test—long-term beneficiaries engaged in voluntary work

 

Subdivision CSituations where allowance not payable (general)

599.

Job search allowance not payable in certain situations

600.

Provision of tax file number

601.

Assets test—allowance not payable if assets value limit exceeded

602.

Value of assets of members of couples

603.

Full-time students

604.

Multiple entitlement exclusion

605.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for job search allowance

 

Claim within 14 days of CES registration

 

Education leavers who claim within 14 days of CES registration

 

Transferees

606.

Commencement of job search allowance

 

Subdivision DSituations where allowance not payable (waiting periods)

607.

Unused annual leave waiting period

608.

Notional leave period

609.

Duration of unused annual leave waiting period

610.

Ordinary waiting period

611.

Duration of ordinary waiting period

 

No unused annual leave waiting period

 

Unused annual leave waiting period

612.

Education leavers waiting period

 

Persons subject to waiting period

 

No education leavers waiting period in some cases where already served

613.

Duration of education leavers waiting period

 

General rule

 

Change of status in first 6 weeks

 

Change of status after 6 weeks

 

Notification required

 

Reduction of waiting period for periods of special benefit and employment

 

Reduction of education leavers waiting period where already partially served

 

6 month ceiling

 

Subdivision ESituations where allowance not payable (recipient non-compliance)

614.

Secretary may require person to attend course, undertake work or attend CES

615.

Unemployment due to voluntary act


TABLE OF PROVISIONScontinued

Section

 

616.

Unemployment due to misconduct

617.

Refusal of job offer

618.

Removal from allowance for failure to take reasonable steps to find work

619.

Removal from allowance for failure to comply with notification requirements

620.

Removal from allowance for failure to continue CES registration

621.

Seasonal workers

622.

Move to area of lower employment

 

Division 2Claim for job search allowance

623.

Need for a claim

624.

Form of claim

625.

Lodgment of claim

626.

Claimant must be Australian resident and in Australia

 

Division 3Determination of claim

627.

Secretary to determine claim

628.

Grant of claim

629.

Date of effect of determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

 

Division 4Rate of job search allowance

630.

How to work out a person’s job search allowance rate

631.

Double payment—claim as a result of major disaster

632.

JSA recipient may ask Secretary to change appropriate tax year

 

Division 5Payment of job search allowance

633.

Commencement of job search allowance

634.

Instalments

635.

Instalments for period less than a fortnight

636.

Rounding off instalment

637.

Manner of payment

638.

Nominee payments

639.

Payment into bank account etc.

640.

Where allowance payday would fall on public holiday etc.

641.

Payment of allowance after death

 

Division 6Protection of job search allowance

642.

Job search allowance to be absolutely inalienable

Payments to Commissioner of Taxation at recipients request

643.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

644.

Secretary may require notice of the happening of an event or a change in circumstances

645.

Secretary may require recipient to give particular information relevant to payment of job search allowance

646.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

647.

Continuing effect of determination

Entitlement determination

Rate determination


TABLE OF PROVISIONScontinued

Section

 

 

Subdivision BAutomatic termination

648.

Automatic termination—recipient complying with section 644 notification obligations

649.

Automatic termination—recipient not complying with section 644 notification obligations

650.

Automatic termination—failure to provide section 645 statement

 

Subdivision CAutomatic rate reduction

651.

Automatic rate reduction—recipient not complying with section 644 notification obligations

 

Subdivision DDeterminations

652.

Rate increase determination

653.

Rate reduction determination

654.

Cancellation or suspension determination

655.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

656.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

657.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments (death of dependent child)

658.

Bereavement payments on death of dependent child

659.

Continued payment of child-related amounts

660.

Lump sum payable in some circumstances

 

PART 2.13—EMPLOYMENT ENTRY PAYMENT

661.

Unemployment benefit recipients

662.

Amount of section 661 payment

663.

Job search allowance recipients

664.

Amount of section 663 payment

665.

Claim

 

PART 2.14—SICKNESS BENEFIT

 

Division 1Qualification for and payability of sickness benefit

 

Subdivision ABasic qualifications

666.

Qualification for sickness benefit

667.

Temporary absence from Australia

668.

Loss of income

 

Subdivision BSituations where benefit not payable (general)

669.

Sickness benefit not payable in certain circumstances

670.

Provision of tax file number


TABLE OF PROVISIONScontinued

Section

 

671.

Assets test—benefit not payable if assets value limit exceeded

672.

Value of assets of members of couples

673.

Person previously receiving job search allowance

674.

Full-time students

675.

Multiple entitlement exclusion

676.

Provisional commencement day

677.

Commencement of sickness benefit

 

Claim within 5 weeks of incapacity and no waiting period applying

 

Claim within 5 weeks of incapacity and ordinary waiting period applying

 

Claim within 5 weeks of incapacity and unused annual leave wailing period

 

applying

 

Claim more than 5 weeks after incapacity and delay due to incapacity

 

Claim more than 5 weeks after incapacity and delay not due to incapacity

678.

Initial incorrect claim followed by a claim for sickness benefit

 

Subdivision CSituations where benefit not payable (waiting periods)

679.

Unused annual leave waiting period

680.

Notional leave period

681.

Duration of unused annual leave waiting period

682.

Ordinary waiting period

683.

Duration of ordinary waiting period

 

No unused annual leave waiting period

 

Unused annual leave waiting period

684.

Education leavers waiting period

 

Persons subject to waiting period

 

No education leavers waiting period in some cases where already served

685.

Duration of education leavers waiting period

 

General rule

 

Change of status in first 6 weeks

 

Change of status after 6 weeks

 

Notification required

 

Reduction of waiting period for periods of special benefit and employment

 

Reduction of education leavers waiting period where already partially served

 

6 month ceiling

 

Subdivision DSituations where benefit not payable (recipient non-compliance)

686.

Secretary may require person to have medical examination, attend course

 

or undertake work

 

Division 2Claim for sickness benefit

687.

Need for a claim

688.

Form of claim

689.

Lodgment of claim

690.

Claimant must be Australian resident and in Australia

691.

Temporary absence from Australia

692.

Medical certificate to accompany claim

 

Division 3Determination of claim

693.

Secretary to determine claim

694.

Grant of claim

695.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified


TABLE OF PROVISIONScontinued

Section

 

 

Division 4Rate of sickness benefit

696.

How to work out a person’s sickness benefit rate

697.

Double payment—claim as a result of major disaster

698.

Limitation on rate—loss of salary, wages or income

 

General rule

 

Loss of salary, wages or income includes NEIS and FAS payments

 

Payment to a substitute

699.

Limitation on rate—loss of unemployment benefit qualification

700.

Limitation on rate—transferee

 

Partner getting wife or carer pension

 

Other transferee cases

701.

Rate of persons receiving sickness benefit with rent assistance since before

 

1 July 1987

 

Division 5Payment of sickness benefit

702.

Commencement of sickness benefit

703.

Instalments

704.

Instalments for period less than a fortnight

705.

Rounding off instalment

706.

Manner of payment

707.

Nominee payments

708.

Payment into bank account etc.

709.

Where benefit payday would fall on public holiday etc.

710.

Payment of benefit after death

 

Division 6Protection of sickness benefit

711.

Sickness benefit to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

712.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

713.

Secretary may require notice of the happening of an event or a change in circumstances

714.

Secretary may require recipient to give particular information relevant to payment of sickness benefit

715.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

716.

Continuing effect of determination

 

Entitlement determination

 

Rate determination

 

Subdivision BAutomatic termination

717.

Automatic termination—recipient complying with section 713 notification obligations

718.

Automatic termination—recipient not complying with section 713 notification obligations

 

Subdivision CAutomatic rate reduction

719.

Automatic rate reduction—recipient not complying with section 713 notification obligations


TABLE OF PROVISIONScontinued

Section

 

 

Subdivision DDeterminations

720.

Rate increase determination

721.

Rate reduction determination

722.

Cancellation or suspension determination

723.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

724.

Date of effect of favourable determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Notified change of circumstances

 

Prescribed student child determination

 

Other determinations

725.

Date of effect of adverse determination

 

General

 

Contravention of Act

 

False statement or misrepresentationsuspension or cancellation

 

False statement or misrepresentationrate reduction

 

Division 9Bereavement payments (death of dependent child)

726.

Bereavement payments on death of dependent child

727.

Continued payment of child-related amounts

728.

Lump sum payable in some circumstances

 

PART 2.15—SPECIAL BENEFIT

 

Division 1Qualification for and payability of special benefit

 

Subdivision AQualification

729.

Qualification for special benefit

730.

Determination of period

731.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for special benefit

 

Subdivision BPayability

732.

Special benefit not payable in some circumstances

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 person to have medical examination, attend course or undertake work

737.

Full-time students

 

Period for which benefit not payable

 

Subsection (1) does not apply in certain cases

738.

Payments under certain education schemes

739.

SPB homeless person

 

Division 2Claim for special benefit

740.

Need for a claim

741.

Form of claim

742.

Lodgment of claim


TABLE OF PROVISIONScontinued

Section

Division 3Determination of claim

743.

Secretary to determine claim

744.

Grant of claim

745.

Date of effect of determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

 

Division 4Rate of special benefit

746.

Rate of special benefit

747.

Double payment—claim as a result of major disaster

 

Division 5Payment of special benefit

748.

Commencement of special benefit

749.

Instalments

750.

Instalments for period less than a fortnight

751.

Rounding off instalment

752.

Manner of payment

753.

Nominee payments

754.

Payment into bank account etc.

755.

Where benefit payday would fall on public holiday etc.

756.

Payment of benefit after death

 

Division 6Protection of special benefit

757.

Special benefit to be absolutely inalienable

Payments to Commissioner of Taxation at recipient’s request

758.

Effect of garnishee or attachment order

 

Division 7Recipient obligations

759.

Secretary may require notice of the happening of an event or a change in circumstances

760.

Secretary may require recipient to give particular information relevant to payment of special benefit

761.

Self incrimination

 

Division 8Continuation, variation and termination

 

Subdivision AGeneral

762.

Continuing effect of determination

Entitlement determination

Rate determination

 

Subdivision BDeterminations

763.

Rate increase determination

764.

Rate reduction determination

765.

Cancellation or suspension determination

766.

Resumption of payment after cancellation or suspension

 

Subdivision CDate of effect of determinations

767.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations


TABLE OF PROVISIONScontinued

Section

 

768.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

 

Division 9Bereavement payments (death of dependent child)

769.

Bereavement payments on death of dependent child

770.

Continued payment of child-related amounts

771.

Lump sum payable in some circumstances

 

PART 2.16—SPECIAL NEEDS PENSIONS

 

Division 1Qualification for and payability of special needs pension

 

Subdivision AQualification

772.

Qualification for special needs age pension

773.

Qualification for special needs invalid pension

Incapacity for work

Permanent blindness

774.

Qualification for special needs wife pension

775.

Qualification for special needs sole parent pension

776.

SPP (sole parent pension) child

777.

Young person to be SPP child for only one person

778.

Qualification for special needs widow B pension

 

Subdivision BPayability

779.

Special needs pension not payable in some circumstances

780.

Some special needs pensions not payable before claim

781.

Special needs sole parent pension generally not payable before claim

782.

Special needs widow B pension generally not payable before claim

783.

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

784.

Provisional commencement day

General rule

Initial incorrect claim followed by claim for special needs pension

Early claim

785.

Backdating—death of partner etc.

786.

Backdating—birth of child

787.

Multiple entitlement exclusion

788.

Secretary may require person to have medical examination

 

Division 2Claim for special needs pension

789.

Need for a claim

790.

Form of claim

791.

Lodgment of claim

 

Division 3Determination of claim

792.

Secretary to determine claim

793.

Grant of claim

794.

Date of effect of determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

 

Division 4Medical examination following claim

795.

Examination by medical practitioner


TABLE OF PROVISIONScontinued

Section

 

 

Division 5Rate 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 6Payment of special needs pension

797.

Commencement of special needs pension

798.

Payment by instalments

799.

Effect on instalments of backdating claim

800.

Calculation of amount of instalment

801.

Manner of payment

802.

Nominee payments

803.

Payment into bank account etc.

804.

Where pension payday would fall on public holiday etc.

805.

Payment of pension after death

 

Division 7Protection of special needs pension

806.

Special needs pension to be absolutely inalienable Payments to Commissioner of Taxation at recipient’s request

807.

Effect of garnishee or attachment order

 

Division 8Recipient obligations

808.

Secretary may require notice of the happening of an event or a change in circumstances

809.

Secretary may require recipient to give particular information relevant to payment of special needs pension

810.

Self incrimination

 

Division 9Continuation, variation and termination

 

Subdivision AGeneral

811.

Continuing effect of determination

Entitlement determination

Rate determination

 

Subdivision BAutomatic termination

812.

Automatic termination—recipient complying with section 808 notification obligations

813.

Automatic termination—recipient not complying with section 808 notification obligations

814.

Automatic termination—failure to provide section 809 statement

 

Subdivision C—Automatic rate reduction

815.

Automatic rate reduction—recipient not complying with section 808 notification obligations

 

Subdivision DDeterminations

816.

Rate increase determination

817.

Rate reduction determination


TABLE OF PROVISIONScontinued

Section

 

818.

Cancellation or suspension determination

819.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

820.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Other determinations

821.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 10Bereavement payments

 

Subdivision ADeath of pensioner partner

822.

Qualification for payments under this Subdivision

823.

Continued payment of partner’s pension or allowance

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 BDeath of dependent or maintained child

828.

Bereavement payments on death of dependent or maintained child

829.

Continued payment of child-related amounts

 

Subdivision CDeath of recipient

830.

Death of recipient

 

PART 2.17—FAMILY ALLOWANCE

 

Division 1Family allowance child status

831.

Family allowance child

832.

FA child—prescribed student child not included

833.

FA child—child over 18

834.

FA child—child in approved care organisation care

835.

FA child—residence requirements

836.

FA child—child absent from Australia for more than 3 years

837.

FA child—receipt of foreign “family allowance” in respect of child outside Australia

 

Division 2Qualification for and payability of family allowance

 

Subdivision AQualification

838.

Qualification for individual family allowance

839.

Qualification for approved care organisation family allowance

840.

Qualification for family allowance ceases after 3 year absence of recipient from Australia

 

Subdivision BPayability

841.

Family allowance not payable in some circumstances

842.

Family allowance generally not payable before claim


TABLE OF PROVISIONScontinued

Section

 

843.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for family allowance

844.

Backdating—birth of child

845.

Backdating—new client

846.

Family allowance not payable to 2 people for the same child

 

Division 3Claim for family allowance

847.

Need for a claim

848.

Form of claim

849.

Lodgment of claim

850.

Claimant must be Australian resident and in Australia

 

Division 4Determination of claim

851.

Secretary to determine claim

852.

Grant of claim

853.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Division 5Rate of family allowance

854.

Rate struck for allowance period

855.

How to work out a person’s family allowance rate

 

Individuals

 

Approved care organisations

856.

Special determinations

857.

Secretary may determine that an event is an assumed notifiable event

858.

Secretary may specify in a subsection 873 (1) notice that an event is a notifiable event

859.

FA recipient may ask Secretary to change appropriate tax year

 

Division 6Payment of family allowance

860.

Commencement of family allowance

861.

Payments by instalments

862.

Effect on instalments of backdating claim

863.

Manner of payment

864.

Nominee payments

865.

Payment into bank account etc.

866.

Where family payment payday would fall on public holiday etc.

867.

Payment of allowance after death

868.

Secretary may make declaration where 2 people qualified for family allowance for the same child

 

Division 7Protection of family allowance

869.

Family allowance to be absolutely inalienable

 

Payments to Commissioner of Taxation at recipient’s request

870.

Effect of garnishee or attachment order

 

Division 8Recipient obligations

871.

References to recipient

872.

Application of family allowance

873.

Secretary may require notice of the happening of an event or a change in circumstances

874.

Secretary may require recipient to give particular information relevant to payment of family allowance

875.

Self incrimination


TABLE OF PROVISIONScontinued

Section

Division 9Continuation, variation and termination

 

Subdivision AGeneral

876.

Continuing effect of determination

Entitlement determination

Rate determination

 

Subdivision BAutomatic termination

877.

Automatic termination—recipient complying with section 873 notification obligations

878.

Automatic termination—recipient not complying with section 873 notification obligations

 

Subdivision CAutomatic rate reduction

879.

Automatic rate reduction—recipient not complying with section 873 notification obligations

 

Subdivision DDeterminations

880.

Rate increase determination

881.

Rate reduction determination

882.

Cancellation or suspension determination

883.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

884.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

885.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

 

Division 10Bereavement payments (death of dependent child)

886.

Continuation of qualification for family allowance for bereavement continuation period where recipient’s only FA child dies

887.

Bereavement payments on death of dependent child

888.

Continued payment of family allowance

889.

Lump sum payable in some circumstances

890.

Additional lump sum payable in some circumstances

 

PART 2.16—FAMILY ALLOWANCE SUPPLEMENT

 

Division 1Family allowance supplement child status

891.

Family allowance supplement child

892.

FAS child—prescribed student child not included

893.

FAS child—receipt of other periodic payments for child

894.

FAS child—taxation of “unearned” income

 

Division 2Qualification for and payability of family allowance supplement

 

Subdivision AQualification

895.

Qualification for family allowance supplement


TABLE OF PROVISIONScontinued

Section

 

 

Subdivision BPayability

896.

Family allowance supplement not payable in some circumstances

897.

Family allowance supplement generally not payable before claim

898.

Provisional commencement day

 

General rule

 

Initial incorrect claim followed by claim for family allowance sup/dement

899.

Claim within 4 weeks of birth

900.

Claim within 6 weeks of ceasing other payments

901.

Family allowance supplement not payable to 2 people in respect of the same child

 

Division 3Claim for family allowance supplement

902.

Need for a claim

903.

Form of claim

904.

Lodgment of claim

905.

Claimant must be Australian resident and in Australia

906.

Date of lodgment of claim

 

Division 4Determination of claim

907.

Secretary to determine claim

908.

Grant of claim

909.

Date of effect of determination

 

Notified decisionreview sought within 3 months

 

Notified decisionreview sought after 3 months

 

Decision not notified

 

Division 5Rate of family allowance supplement

910.

How to work out the rate of a person’s family allowance supplement

911.

Rate struck for allowance period

912.

Notice estimating taxable income

913.

Effect of amendment of assessed taxable income

914.

Recalculation if taxable income underestimated by 25% or more

915.

Recalculation if failure to notify FAS notifiable event

916.

Secretary may determine that an event is an FAS assumed notifiable event

917.

Secretary may specify in a subsection 930 (1) notice that an event is an FAS notifiable event

918.

FAS recipient may ask Secretary to change appropriate tax year

 

Division 6Payment of family allowance supplement

919.

Commencement of family allowance supplement

920.

Payment by instalments

921.

Effect on instalments of backdating claim

922.

Manner of payment

923.

Nominee payments

924.

Payment into bank account etc.

925.

Where family payment payday would fall on public holiday etc.

926.

Payment of family allowance supplement after death

927.

Secretary may make declaration where 2 people qualify for family allowance supplement for the same child

 

Division 7Protection of family allowance supplement

928.

Family allowance supplement to be absolutely inalienable

Payments to Commissioner of Taxation at recipient’s request

929.

Effect of garnishee or attachment order


TABLE OF PROVISIONScontinued

Section

Division 8Recipient obligations

930.

Secretary may require notice of the happening of an event or a change in circumstances

931.

Secretary may require recipient to give particular information relevant to payment of family allowance supplement

932.

Self incrimination

 

Division 9Continuation, variation and termination

 

Subdivision AGeneral

933.

Continuing effect of determination

Entitlement determination

Rate determination

 

Subdivision BAutomatic termination

934.

Automatic termination—recipient complying with section 930 notification obligations

935.

Automatic termination—recipient not complying with section 930 notification obligations

 

Subdivision CAutomatic rate reduction

936.

Automatic rate reduction—recipient not complying with section 930 notification obligations

 

Subdivision DDeterminations

937.

Rate increase determination

938.

Rate reduction determination

939.

Cancellation or suspension determination

940.

Resumption of payment after cancellation or suspension

 

Subdivision EDate of effect of determinations

941.

Date of effect of favourable determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

Notified change of circumstances

Prescribed student child determination

Other determinations

942.

Amendment of assessment of taxable income

943.

Determination following recipient’s request under section 918

944.

Date of effect of adverse determination

General

Contravention of Act

False statement or misrepresentationsuspension or cancellation

False statement or misrepresentationrate reduction

945.

Date of effect of variation of rate of family allowance supplement because of amendment of assessed taxable income

946.

Underestimate of taxable income—date of effect of section 914 determination

947.

Failure to notify FAS notifiable event—date of effect of section 915 determination

 

Division 10Bereavement payments (death of dependent child)

948.

Continuation of qualification for family allowance supplement for bereavement rate continuation period where recipient’s only FAS child dies

949.

Bereavement payments on death of dependent child


TABLE OF PROVISIONScontinued

Section

 

950.

Continued payment of family allowance supplement

951.

Lump sum payable in some circumstances

 

PART 2.19—CHILD DISABILITY ALLOWANCE

 

Division 1CDA child status

952.

Disabled child

953.

CDA child status—family allowance requirement

 

Division 2Qualification for and payability of child disability allowance

 

Subdivision AQualification

954.

Qualification for child disability allowance

955.

Qualification while person not providing care

28 days or less

CDA child receiving education, training or treatment

More than 28 days

 

Subdivision BPayability

956.

Child disability allowance not payable in some circumstances

957.

Child disability allowance generally not payable before claim

958.

Provisional commencement day

Initial incorrect claim followed by claim for child disability allowance

959.

Backdating—claim within 12 months of becoming qualified

960.

Backdating—claim after 12 months of becoming qualified

 

Division 3Claim for child disability allowance

961.

Need for a claim

962.

Form of claim

963.

Lodgment of claim

 

Division 4Determination of claim

964.

Secretary to determine claim

965.

Grant of claim

966.

Date of effect of determination

Notified decisionreview sought within 3 months

Notified decisionreview sought after 3 months

Decision not notified

 

Division 5Rate of child disability allowance

967.

Rate of child disability allowance

General rule

Child inmate of institution

Child receiving education, training or treatment

Factors affecting reduction under subsection (3)