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Social Security Act 1991

  • - C2004A04121
  • In force - Superseded Version
  • View Series
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: Attorney-General's; Social Services; Employment
Date of Assent 23 Apr 1991
  

SOCIAL SECURITY ACT 1991 No. 46, 1991 - TABLE OF PARTS

SOCIAL SECURITY ACT 1991 No. 46, 1991 - LONG TITLE

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 1 CHAPTER 1 - INTRODUCTORY

PART 1.1 PART 1.1 - FORMAL MATTERS

1.......Short title
2.......Commencement

PART 1.2 PART 1.2 - DEFINITIONS

3.......Index of definitions
4.......Family relationships definitions - couples
5.......Family relationships definitions - children
6.......Family payments definitions
7.......Australian residence definitions
8.......Income test definitions
9.......Investment income definitions
10......Maintenance income definitions
11......Assets test definitions
12......Retirement villages definitions
13......Rent definitions
14......Remote area definitions
15......UB and JSA work test definitions
16......UB and JSA industrial action definitions
17......Compensation recovery definitions
18......Incentive allowance definitions
19......Mobility allowance definitions
20......Indexation and rate adjustment definitions
21......Bereavement definitions
22......Review of decisions definitions
23......General definitions

PART 1.3 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 PART 1.4 - MISCELLANEOUS

39......Tables, calculators etc. form part of section

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 2 CHAPTER 2 - PENSIONS, BENEFITS AND ALLOWANCES

PART 2.1 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 PART 2.2 - AGE PENSION

DIVISION 1 Division 1 - Qualification for and payability of age pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

43......Qualification for age pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

44......Age pension not payable in some circumstances
45......Age pension generally not payable before claim
46......Provisional commencement day General rule
47......Multiple entitlement exclusion

DIVISION 2 Division 2 - Claim 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 3 Division 3 - Determination of claim

52......Secretary to determine claim
53......Grant of claim
54......Date of effect of determination

DIVISION 4 Division 4 - Rate of age pension

55......How to work out a person's age pension rate

DIVISION 5 Division 5 - Payment 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 6 Division 6 - Protection of age pension

66......Age pension to be absolutely inalienable
67......Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

71......Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

72......Automatic termination - recipient complying with section 68 notification obligations
73......Automatic termination - recipient not complying with section 68 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

76......Rate increase determination
77......Rate reduction determination
78......Cancellation or suspension determination
79......Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

80......Date of effect of favourable determination
81......Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Death of recipient

91......Death of recipient

DIVISION 10 Division 10 - Fringe benefits

92......Fringe benefits
93......Qualification for fringe benefits

PART 2.3 PART 2.3 - INVALID PENSION

DIVISION 1 Division 1 - Qualification for and payability of invalid pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

94......Qualification for invalid pension Permanent incapacity for work

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

95......Invalid pension not payable in some circumstances
96......Invalid pension generally not payable before claim
97......Provisional commencement day General rule
98......Multiple entitlement exclusion
99......Secretary may require person to have medical examination, attend course or undertake work

DIVISION 2 Division 2 - Claim 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 3 Division 3 - Determination of claim

104.....Secretary to determine claim
105.....Grant of claim
106.....Date of effect of determination

DIVISION 4 Division 4 - Medical examination following claim

107.....Examination by medical practitioner

DIVISION 5 Division 5 - Rate of invalid pension

108.....How to work out a person's invalid pension rate

DIVISION 6 Division 6 - Payment 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 7 Division 7 - Protection of invalid pension

119.....Invalid pension to be absolutely inalienable
120.....Effect of garnishee or attachment order

DIVISION 8 Division 8 - Recipient 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 9 Division 9 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

124.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

125.....Automatic termination - recipient complying with section 121 notification obligations
126.....Automatic termination - recipient not complying with section 121 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

129.....Rate increase determination
130.....Rate reduction determination
131.....Cancellation or suspension determination
132.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

133.....Date of effect of favourable determination
134.....Date of effect of adverse determination General

DIVISION 10 Division 10 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Death of recipient

144.....Death of recipient

DIVISION 11 Division 11 - Fringe benefits

145.....Fringe benefits
146.....Qualification for fringe benefits

PART 2.4 PART 2.4 - WIFE PENSION

DIVISION 1 Division 1 - Qualification for and payability of wife pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

147.....Qualification for wife pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

148.....Wife pension not payable in some circumstances
149.....Wife pension generally not payable before claim
150.....Provisional commencement day General rule
151.....Multiple entitlement exclusion

DIVISION 2 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

DIVISION 3 Division 3 - Determination of claim

156.....Secretary to determine claim
157.....Grant of claim
158.....Date of effect of determination

DIVISION 4 Division 4 - Rate of wife pension

159.....How to work out the rate of wife pension

DIVISION 5 Division 5 - Payment 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 6 Division 6 - Protection of wife pension

170.....Wife pension to be absolutely inalienable
171.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

175.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

176.....Automatic termination - recipient complying with section 172 notification obligations
177.....Automatic termination - recipient not complying with section 172 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

180.....Rate increase determination
181.....Rate reduction determination
182.....Cancellation or suspension determination
183.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

184.....Date of effect of favourable determination
185.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Continuation of wife pension where partner dies

186.....No Title.
187.....Continued wife pension rate

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Death 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 10 Division 10 - Fringe benefits

196.....Fringe benefits
197.....Qualification for fringe benefits

PART 2.5 PART 2.5 - CARER PENSION

DIVISION 1 Division 1 - Qualification for and payability of carer pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

198.....Qualification for carer pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

199.....Carer pension not payable in some circumstances
200.....Carer pension generally not payable before claim
201.....Provisional commencement day General rule
202.....Multiple entitlement exclusion

DIVISION 2 Division 2 - Claim 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 3 Division 3 - Determination of claim

207.....Secretary to determine claim
208.....Grant of claim
209.....Date of effect of determination

DIVISION 4 Division 4 - Rate of carer pension

210.....How to work out a person's carer pension rate

DIVISION 5 Division 5 - Payment 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 Division 6 - Protection of carer pension

220.....Carer pension to be absolutely inalienable
221.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

225.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

226.....Automatic termination - recipient complying with section 222 notification obligations
227.....Automatic termination - recipient not complying with section 222 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic rate reduction

228.....Automatic rate reduction - recipient not complying with section 222 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

229.....Rate increase determination
230.....Rate reduction determination
231.....Cancellation or suspension determination
232.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

233.....Date of effect of favourable determination
234.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Continuation of carer pension

235.....Continuation of carer pension for bereavement period where person cared for dies
236.....Continued carer pension rate

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Death of recipient

246.....Death of recipient

DIVISION 10 Division 10 - Fringe benefits

247.....Fringe benefits
248.....Qualification for fringe benefits

PART 2.6 PART 2.6 - SOLE PARENT PENSION

DIVISION 1 Division 1 - Qualification for and payability of sole parent pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

253.....Sole parent pension not payable in some circumstances
254.....Sole parent pension generally not payable before claim
255.....Provisional commencement day General rule
256.....Backdating - death of partner etc.
257.....Backdating - birth of child
258.....Multiple entitlement exclusion

DIVISION 2 Division 2 - Claim 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
264.....Secretary's obligations if claimant complies with section 263 notice De facto relationship
265.....Effect of failure by claimant to comply with section 263 notice

DIVISION 3 Division 3 - Determination of claim

266.....Secretary to determine claim
267.....Grant of claim
268.....Date of effect of determination

DIVISION 4 Division 4 - Rate of sole parent pension

269.....How to work out a person's sole parent pension rate

DIVISION 5 Division 5 - Payment of sole parent pension

270.....Commencement of sole parent pension
271.....Payment by instalments
272.....Effect on instalments of backdating claim
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 6 Division 6 - Protection of sole parent pension

280.....Sole parent pension to be absolutely inalienable
281.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient obligations

282.....Secretary may require some recipients to give information about domestic circumstances De facto relationship
283.....Secretary's obligations if recipient complies with section 282 notice De facto relationship
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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

287.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

293.....Rate increase determination
294.....Rate reduction determination
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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

299.....Date of effect of favourable determination
300.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Continuation 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Death of recipient

312.....Death of recipient

DIVISION 10 Division 10 - Fringe benefits

313.....Fringe benefits
314.....Qualification for fringe benefits

PART 2 PART 2.7 - WIDOWED PERSON ALLOWANCE

DIVISION 1 Division 1 - Qualification for and payability of widowed person allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

315.....Qualification for widowed person allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

316.....Widowed person allowance not payable in some circumstances
317.....Widowed person allowance generally not payable before claim
318.....Provisional commencement day General rule
319.....Backdating - death of partner etc.
320.....Backdating - birth of child
321.....Multiple entitlement exclusion

DIVISION 2 Division 2 - Claim 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 3 Division 3 - Determination of claim

326.....Secretary to determine claim
327.....Grant of claim
328.....Date of effect of determination

DIVISION 4 Division 4 - Rate of widowed person allowance

329.....How to work out a person's widowed person allowance rate

DIVISION 5 Division 5 - Payment 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 6 Division 6 - Protection of widowed person allowance

339.....Widowed person allowance to be absolutely inalienable
340.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient obligations

341.....Secretary may require notice of the happening 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

344.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

350.....Rate increase determination
351.....Rate reduction determination
352.....Cancellation or suspension determination
353.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

354.....Date of effect of favourable determination
355.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Death of dependent or maintained child

356.....Bereavement payments on death of dependent or maintained child
357.....Continued payment of child-related amounts
358.....Lump sum payable in some circumstances

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death of recipient

359.....Death of recipient

DIVISION 10 Division 10 - Fringe benefits

360.....Fringe benefits
361.....Qualification for fringe benefits

PART 2.8 PART 2.8 - WIDOW B PENSION

DIVISION 1 Division 1 - Qualification for and payability of widow B pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

362.....Qualification for widow B pension
363.....Effect of maintenance rights on qualification for widow B pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

364.....Widow B pension not payable in some circumstances
365.....Widow B pension generally not payable before claim
366.....Provisional commencement day General rule
367.....Backdating - death of partner etc.
368.....Multiple entitlement exclusion

DIVISION 2 Division 2 - Claim 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 3 Division 3 - Determination of claim

373.....Secretary to determine claim
374.....Grant of claim
375.....Date of effect of determination

DIVISION 4 Division 4 - Rate of widow B pension

376.....How to work out the rate of widow B pension

DIVISION 5 Division 5 - Payment 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 6 Division 6 - Protection of widow B pension

387.....Widow B pension to be absolutely inalienable
388.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

392.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

398.....Rate increase determination
399.....Rate reduction determination
400.....Cancellation or suspension determination
401.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

402.....Date of effect of favourable determination
403.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death of recipient

407.....Death of recipient

DIVISION 10 Division 10 - Fringe benefits

408.....Fringe benefits
409.....Qualification for fringe benefits

PART 2.9 PART 2.9 - SHELTERED EMPLOYMENT ALLOWANCE

DIVISION 1 Division 1 - Qualification for and payability of sheltered employment allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

410.....Qualification for sheltered employment allowance Qualified for invalid pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

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 2 Division 2 - Claim for sheltered employment allowance

416.....Secretary may require claim
417.....Term of claim
418.....Lodgment of claim

DIVISION 3 Division 3 - Determination of claim

419.....Secretary to determine claim
420.....Grant of claim
421.....Date of effect of determination

DIVISION 4 Division 4 - Rate of sheltered employment allowance

422.....Rate of sheltered employment allowance
423.....Incentive allowance

DIVISION 5 Division 5 - Payment 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 6 Division 6 - Protection of sheltered employment allowance

433.....Sheltered employment allowance to be absolutely inalienable
434.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

438.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

439.....Automatic termination - recipient complying with section 435 notification obligations
440.....Automatic termination - recipient not complying with section 435 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

443.....Rate increase determination
444.....Rate reduction determination
445.....Cancellation or suspension determination
446.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

447.....Date of effect of favourable determination
448.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Death of recipient

458.....Death of recipient

DIVISION 10 Division 10 - Fringe benefits

459.....Fringe benefits
460.....Qualification for fringe benefits

PART 2.10 PART 2.10 - REHABILITATION ALLOWANCE

DIVISION 1 Division 1 - Qualification for and payability of rehabilitation allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

461.....Qualification for rehabilitation allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

462.....Rehabilitation allowance not payable in some circumstances
463.....Rehabilitation allowance not payable before date determined by Secretary
464.....Multiple entitlement exclusion

DIVISION 2 Division 2 - Claim for rehabilitation allowance

465.....Secretary may require claim
466.....Form of claim
467.....Lodgment of claim

DIVISION 3 Division 3 - Determination of claim

468.....Secretary to determine claim
469.....Grant of claim
470.....Date of effect of determination

DIVISION 4 Division 4 - Rate 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
474.....Rate of rehabilitation allowance - person not receiving invalid pension before rehabilitation program
475.....Amount payable on pension payday - social security benefit

DIVISION 5 Division 5 - Payment 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 6 Division 6 - Protection of rehabilitation allowance

485.....Rehabilitation allowance to be absolutely inalienable
486.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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

DIVISION 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

490.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

491.....Automatic termination - recipient complying with section 487 notification obligations
492.....Automatic termination - recipient not complying with section 487 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

495.....Rate increase determination
496.....Rate reduction determination
497.....Cancellation or suspension determination
498.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

499.....Date of effect of favourable determination
500.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Death of recipient

510.....Death of recipient

DIVISION 10 Division 10 - Fringe benefits

511.....Fringe benefits
512.....Qualification for fringe benefits

PART 2 PART 2.11 - UNEMPLOYMENT BENEFIT

DIVISION 1 Division 1 - Qualification for and payability of unemployment benefit

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Basic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Work test

518.....Work test
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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Situations where benefit not payable (general)

528.....No Title.
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
535.....Commencement of unemployment benefit

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Situations where benefit not payable (waiting periods)

536.....No Title.
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
541.....Education leavers waiting period Persons subject to waiting period
542.....Duration of education leavers waiting period General rule

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Situations 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 2 Division 2 - Claim 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 3 Division 3 - Determination of claim

556.....Secretary to determine claim
557.....Grant of claim
558.....Date of effect of determination

DIVISION 4 Division 4 - Rate 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 5 Division 5 - Payment 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 6 Division 6 - Protection of unemployment benefit

570.....Unemployment benefit to be absolutely inalienable
571.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8-Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

575.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic rate reduction

579.....Automatic rate reduction - recipient not complying with section 572 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

580.....Rate increase determination
581.....Rate reduction determination
582.....Cancellation or suspension determination
583.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

584.....Date of effect of favourable determination
585.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement 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

PART 2.12 PART 2.12 - JOB SEARCH ALLOWANCE

DIVISION 1 Division 1 - Qualification for and payability of job search allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Basic qualifications

589.....Qualification for job search allowance
590.....Unemployment due to industrial action
591.....Move to area of lower employment
592.....Some people not required to be registered at the CES
593.....Prospective determinations for some beneficiaries

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Work test

594.....Work test
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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Situations 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
606.....Commencement of job search allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Situations 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
612.....Education leavers waiting period Persons subject to waiting period
613.....Duration of education leavers waiting period General rule

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Situations where allowance not payable

614.....Secretary may require person to attend course, undertake work or attend CES
615.....Unemployment due to voluntary act
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 2 Division 2 - Claim 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 3 Division 3 - Determination of claim

627.....Secretary to determine claim
628.....Grant of Claim
629.....Date of effect of determination

DIVISION 4 Division 4 - Rate 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 5 Division 5 - Payment 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 6 Division 6 - Protection of job search allowance

642.....Job search allowance to be absolutely inalienable
643.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

647.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic rate reduction

651.....Automatic rate reduction - recipient not complying with section 644 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

652.....Rate increase determination
653.....Rate reduction determination
654.....Cancellation or suspension determination
655.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

656.....Date of effect of favourable determination
657.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement 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 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 PART 2.14 - SICKNESS BENEFIT

DIVISION 1 Division 1 - Qualification for and payability of sickness benefit

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Basic qualifications

666.....Qualification for sickness benefit
667.....Temporary absence from Australia
668.....Loss of income

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Situations where benefit not payable (general)

669.....Sickness benefit not payable in certain circumstances
670.....Provision of tax file number
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
678.....Initial incorrect claim followed by claim for sickness benefit

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Situations where benefit not payable (waiting periods)

679.....Unusual 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
684.....Education leavers waiting period Persons subject to waiting period
685.....Duration of education leavers waiting period General rule

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Situations where benefit not payable

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

DIVISION 2 Division 2 - Claim 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 3 Division 3 - Determination of claim

693.....Secretary to determine claim
694.....Grant of claim
695.....Date of effect of determination

DIVISION 4 Division 4 - Rate 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
699.....Limitation on rate - loss of unemployment benefit qualification
700.....Limitation on rate - transferee Partner getting wife or carer pension
701.....Rate of persons receiving sickness benefit with rent assistance since before 1 July 1987

DIVISION 5 Division 5 - Payment 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 6 Division 6 - Protection of sickness benefit

711.....Sickness benefit to be absolutely inalienable
712.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

716.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

717.....Automatic termination - recipient complying with section 713 notification obligations
718.....Automatic termination - recipient not complying with section 713 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic rate reduction

719.....Automatic rate reduction - recipient not complying with section 713 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

720.....Rate increase determination
721.....Rate reduction determination
722.....Cancellation or suspension determination
723.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

724.....Date of effect of favourable determination
725.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement 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 PART 2.15 - SPECIAL BENEFIT

DIVISION 1 Division 1 - Qualification for and payability of special benefit

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

729.....Qualification for special benefit
730.....Determination of period
731.....Provisional commencement day General rule

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

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
738.....Payments under certain education schemes
739.....SPB homeless person

DIVISION 2 Division 2 - Claim for special benefit

740.....Need for a claim
741.....Form of claim
742.....Lodgment of claim

DIVISION 3 Division 3 - Determination of claim

743.....Secretary to determine claim
744.....Grant of claim
745.....Date of effect of determination

DIVISION 4 Division 4 - Rate of special benefit

746.....Rate of special benefit
747.....Double payment - claim as a result of major disaster

DIVISION 5 Division 5 - Payment 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 6 Division 6 - Protection of special benefit

757.....Special benefit to be absolutely inalienable
758.....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient 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 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

762.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Determinations

763.....Rate increase determination
764.....Rate reduction determination
765.....Cancellation or suspension determination
766.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Date of effect of determinations

767.....Date of effect of favourable determination
768.....Date of effect of adverse determination General

DIVISION 9 Division 9 - Bereavement 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 PART 2.16 - SPECIAL NEEDS PENSIONS

DIVISION 1 Division 1 - Qualifications for and payability of special needs pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

772.....Qualification for special needs age pension
773.....Qualification for special needs invalid pension Incapacity for work
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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

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
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 2 Division 2 - Claim for special needs pension

789.....Need for a claim
790.....Form of claim
791.....Lodgment of claim

DIVISION 3 Division 3 - Determination of claim

792.....Secretary to determine claim
793.....Grant of claim
794.....Date of effect of determination

DIVISION 4 Division 4 - Medical examination following claim

795.....Examination by medical practitioner

DIVISION 5 Division 5 - Rate of special needs pension

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

DIVISION 6 Division 6 - Payment 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 7 Division 7 - Protection of special needs pension

806.....Special needs pension to be absolutely inalienable
807.....Effect of garnishee or attachment order

DIVISION 8 Division 8 - Recipient 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 9 Division 9 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

811.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic rate reduction

815.....Automatic rate reduction - recipient not complying with section 808 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

816.....Rate increase determination
817.....Rate reduction determination
818.....Cancellation or suspension determination
819.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

820.....Date of effect of favourable determination
821.....Date of effect of adverse determination General

DIVISION 10 Division 10 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Death 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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Death of dependent or maintained child

828.....Bereavement payments on death of dependent or maintained child
829.....Continued payment of child-related amounts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Death of recipient

830.....Death of recipient

PART 2.17 PART 2.17 - FAMILY ALLOWANCE

DIVISION 1 Division 1 - Family 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 2 Division 2 - Qualification for and payability of family allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

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

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

841.....Family allowance not payable in some circumstances
842.....Family allowance generally not payable before claim
843.....Provisional commencement day General rule
844.....Backdating - birth of child
845.....Backdating - new client
846.....Family allowance not payable to 2 people for the same child

DIVISION 3 Division 3 - Claim 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 4 Division 4 - Determination of claim

851.....Secretary to determine claim
852.....Grant of claim
853.....Date of effect of determination

DIVISION 5 Division 5 - Rate of family allowance

854.....Rate struck for allowance period
855.....How to work out a person's family allowance rate Individuals
856.....Special determinations
857.....Secretary may determine that an event is an FA assumed notifiable event
858.....Secretary may specify in a subsection 873 (1) notice that an event is an FA notifiable event
859.....FA recipient may ask Secretary to change appropriate tax year

DIVISION 6 Division 6 - Payment of family allowance

860.....Commencement of family allowance
861.....Payment 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 7 Division 7 - Protection of family allowance

869.....Family allowance to be absolutely inalienable
870.....Effect of garnishee or attachment order

DIVISION 8 Division 8 - Recipient 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

DIVISION 9 Division 9 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

876.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

877.....Automatic termination - recipient complying with section 873 notification obligations
878.....Automatic termination - recipient not complying with section 873 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic rate reduction

879.....Automatic rate reduction - recipient not complying with section 873 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

880.....Rate increase determination
881.....Rate reduction determination
882.....Cancellation or suspension determination
883.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

884.....Date of effect of favourable determination
885.....Date of effect of adverse determination General

DIVISION 10 Division 10 - Bereavement payments (death of dependent child)

886.....Continuation of qualification for family allowance for bereavement rate 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 2.18 PART 2.18 - FAMILY ALLOWANCE SUPPLEMENT

DIVISION 1 Division 1 - Family 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 2 Division 2 - Qualification for and payability of family allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

895.....Qualification for family allowance supplement

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

896.....Family allowance supplement not payable in some circumstances
897.....Family allowance supplement generally not payable before claim
898.....Provisional commencement day General rule
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 3 Division 3 - Claim for family allowance supplement

902.....No Title.
903.....Form of claim
904.....Lodgment of claim
905.....Claimant must be Australian resident and in Australia
906.....Date of lodgment of claim

DIVISION 4 Division 4 - Determination of claim

907.....Secretary to determine claim
908.....Grant of claim
909.....Date of effect of determination

DIVISION 5 Division 5 - Rate 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 6 Division 6 - Payment 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 7 Division 7 - Protection of family allowance supplement

928.....Family allowance supplement to be absolutely inalienable
929.....Effect of garnishee or attachment order

DIVISION 8 Division 8 - Recipient 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 9 Division 9 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

933.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

934.....Automatic termination - recipient complying with section 930 notification obligations
935.....Automatic termination - recipient not complying with section 930 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic rate reduction

936.....Automatic rate reduction - recipient not complying with section 930 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

937.....Rate increase determination
938.....Rate reduction determination
939.....Cancellation or suspension determination
940.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

941.....Date of effect of favourable determination
942.....Amendment of assessment of taxable income
943.....Determination following recipient's request under section 918
944.....Date of effect of adverse determination General
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 10 Division 10 - Bereavement 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
950.....Continued payment of family allowance supplement
951.....Lump sum payable in some circumstances

PART 2.19 PART 2.19 - CHILD DISABILITY ALLOWANCE

DIVISION 1 Division 1 - CDA child status

952.....Disabled child
953.....CDA child status - family allowance requirement

DIVISION 2 Division 2 - Qualification for and payability of child disability allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

954.....Qualification for child disability allowance
955.....Qualification while person not providing care 28 days or less

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

956.....Child disability allowance not payable in some circumstances
957.....Child disability allowance generally not payable before claim
958.....Provisional commencement day
959.....Backdating - claim within 12 months of becoming qualified
960.....Backdating - claim after 12 months of becoming qualified

DIVISION 3 Division 3 - Claim for child disability allowance

961.....Need for a claim
962.....Form of claim
963.....Lodgment of claim

DIVISION 4 Division 4 - Determination of claim

964.....Secretary to determine claim
965.....Grant of claim
966.....Date of effect of determination

DIVISION 5 Division 5 - Rate of child disability allowance

967.....Rate of child disability allowance General rule

DIVISION 6 Division 6 - Payment of child disability allowance

968.....Commencement of child disability allowance
969.....Payment by instalments
970.....Effect on instalments of backdating claim
971.....Manner of payment
972.....Nominee payments
973.....Payment into bank account etc.
974.....Where family payment payday would fall on public holiday etc.
975.....Payment of allowance after death

DIVISION 7 Division 7 - Protection of child disability allowance

976.....Child disability allowance to be absolutely inalienable
977.....Effect of garnishee or attachment order

DIVISION 8 Division 8 - Recipient obligations

978.....Secretary may require notice of the happening of an event or a change in circumstances
979.....Secretary may require recipient to give particular information relevant to payment of child disability allowance
980.....Self incrimination

DIVISION 9 Division 9 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

981.....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

982.....Automatic termination - recipient complying with section 978 notification obligations
983.....Automatic termination - recipient not complying with section 978 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Automatic rate reduction

984.....Automatic rate reduction - recipient not complying with section 978 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Determinations

985.....Rate increase determination
986.....Rate reduction determination
987.....Cancellation or suspension determination
988.....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Date of effect of determinations

989.....Date of effect of favourable determination
990.....Date of effect of adverse determination General

DIVISION 10 Division 10 - Bereavement payments (death of CDA child)

991.....Continued child disability allowance during bereavement rate continuation period where CDA child dies
992.....Lump sum payable in some circumstances

PART 2.20 PART 2.20 - DOUBLE ORPHAN PENSION

DIVISION 1 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 Mental hospital patient
998.....Person uncontactable

DIVISION 2 Division 2 - Qualification for and payability of double orphan pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

999.....Qualification for double orphan pension Persons other than approved care organisations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

1000....Double orphan pension not payable in some circumstances
1001....Double orphan pension generally not payable before claim
1002....Provisional commencement day General rule
1003....Double orphan pension not payable for child receiving a pension under the Veterans' Entitlements Act

DIVISION 3 Division 3 - Claim for double orphan pension

1004....Need for a claim
1005....Form of claim
1006....Lodgment of claim

DIVISION 4 Division 4 - Determination of claim

1007....Secretary to determine claim
1008....Grant of claim
1009....Date of effect of determination

DIVISION 5 Division 5 - Rate of double orphan pension

1010....Rate of double orphan pension

DIVISION 6 Division 6 - Payment of double orphan pension

1011....Commencement of double orphan pension
1012....Payment by instalments
1013....Effect on instalments of backdating claim
1014....Manner of payment
1015....Nominee payments
1016....Payment into bank account etc.
1017....Where family payment payday would fall on public holiday etc.
1018....Payment of pension after death

DIVISION 7 Division 7 - Protection of double orphan pension

1019....Double orphan pension to be absolutely inalienable
1020....Effect of garnishee or attachment order

DIVISION 8 Division 8 - Recipient obligations

1021....Recipient
1022....Double orphan pension to be applied for benefit of child
1023....Secretary may require notice of the happening of an event or a change in circumstances
1024....Secretary may require recipient to give particular information relevant to payment of double orphan pension
1025....Self-incrimination

DIVISION 9 Division 9 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

1026....Continuing effect of determination Entitlement determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

1027....Automatic termination - recipient complying with section 1023 notification obligations
1028....Automatic termination - recipient not complying with section 1023 notification obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Determinations

1029....Cancellation or suspension determination
1030....Resumption of payment after cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Date of effect of determinations

1031....Date of effect of favourable determination
1032....Date of effect of adverse determination General

DIVISION 10 Division 10 - Bereavement payments (death of DOP child)

1033....Continued double orphan pension during bereavement rate continuation period where DOP child dies
1034....Lump sum payable in some circumstances

PART 2.21 PART 2.21 - MOBILITY ALLOWANCE

DIVISION 1 Division 1 - Qualification for and payability of mobility allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Qualification

1035....Qualification for mobility allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Payability

1036....Mobility allowance not payable in some circumstances
1037....Mobility allowance not payable where person receiving motor vehicle assistance
1038....Mobility allowance generally not payable before claim
1039....Provisional commencement day General rule

DIVISION 2 Division 2 - Claim for mobility allowance

1040....Need for a claim
1041....Form of claim
1042....Lodgment of claim

DIVISION 3 Division 3 - Determination of claim

1043....Determination granting claim

DIVISION 4 Division 4 - Rate of mobility allowance

1044....Rate of mobility allowance

DIVISION 5 Division 5 - Payment of mobility allowance

1045....Commencement of mobility allowance
1046....Payment by instalments
1047....Effect on instalments of backdating claim
1048....Manner of payment
1049....Nominee payments
1050....Payment into bank account etc.
1051....Where allowance payday would fall on public holiday etc.

DIVISION 6 Division 6 - Protection of mobility allowance

1052....Mobility allowance to be absolutely inalienable
1053....Effect of garnishee or attachment order

DIVISION 7 Division 7 - Recipient obligations

1054....Secretary may require notice of the happening of an event or a change in circumstances
1055....Secretary may require recipient to give particular information relevant to payment of mobility allowance
1056....Self incrimination

DIVISION 8 Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

1057....Continuing effect of determination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Automatic termination

1058....Effect on mobility allowance when person ceases to be qualified

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Determinations

1059....Cancellation or suspension determination and resumption of payment after incorrect cancellation or suspension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Date of effect of determinations

1060....Date of effect of favourable determination
1061....Date of effect of adverse determination General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 3 CHAPTER 3 - GENERAL PROVISIONS RELATING TO PAYABILITY AND RATES

PART 3.1 PART 3.1 - RATE CALCULATORS (GENERAL)

1062....Steps in rate calculation
1063....Standard categories of family situations

PART 3.2 PART 3.2 - PENSION RATE CALCULATOR A

1064....Rate of age, invalid, wife and carer pensions (people who are not blind)

PART 3.3 PART 3.3 - PENSION RATE CALCULATOR B

1065....Rate of age and invalid pension (blind people)

PART 3.4 PART 3.4 - PENSION RATE CALCULATOR C

1066....Rate of sole parent pension, widowed person allowance and widow B pension

PART 3.5 PART 3.5 - BENEFIT RATE CALCULATOR A

1067....Rate of job search allowance and sickness benefit (under 18)

PART 3.6 PART 3.6 - BENEFIT RATE CALCULATOR B

1068....Rate of unemployment and sickness benefit (18 or over)

PART 3.7 PART 3.7 - FAMILY ALLOWANCE RATE CALCULATOR

1069....Rate of family allowance

PART 3.8 PART 3.8 - FAMILY ALLOWANCE SUPPLEMENT RATE CALCULATOR

1070....Rate of family allowance supplement

PART 3.9 PART 3.9 - FRINGE BENEFITS MEANS TEST CALCULATORS

1071....Fringe Benefits Ordinary Income Test Calculator
1072....Fringe Benefits Assets Test Calculator

PART 3.10 PART 3.10 - GENERAL PROVISIONS RELATING TO THE ORDINARY INCOME TEST

DIVISION 1 Division 1 - Investment income

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Introduction

1073....Structure of Division
1074....Certain capital amounts not covered by other Subdivisions taken to be received over 12 months

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Accruing return investments

1075....Investments made before 1 January 1988 with friendly societies or where no immediate return
1076....Investments made before 1 January 1988 not with friendly societies or where return is not deferred
1077....Investments made after 1 January 1988
1078....Actual return not to be treated as income
1079....Rate of return where it can only be approximated
1080....Reduction of rate of return for investment costs
1081....Conversion of investment to accruing return investment

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Market-linked investments

1082....Investments made before 9 September 1988
1083....Special provisions about certain investments made before 9 September 1988
1084....Investments made after 9 September 1988
1085....Actual return not to be treated as income
1086....Product rate of return
1087....Statutory rate of return
1088....Current rate of return may apply instead of statutory rate of return in some cases
1089....Application for determination under section 1088
1090....Secretary not to be required to consider applications in certain circumstances
1091....Duration of determination under section 1088
1092....Revocation of determination under section 1088
1093....Notices in relation to exercise of powers under sections 1088 to 1092
1094....Determination of entitlement of person holding market-linked investment
1095....Reduction of rate of return for investment costs
1096....Conversion of investments to market-linked investments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Compulsorily preserved superannuation

1097....Superannuation benefits received before pension age

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Immediate annuities and superannuation pensions

1098....Immediate annuities
1099....Superannuation pensions

DIVISION 2 Division 2 - Conversion of foreign currency amounts

1100....Application of Division
1101....Conversion of foreign currency amounts
1102....Base exchange rate
1103....Re-assessed exchange rate
1104....Applicability of re-assessed exchange rate
1105....Rounding off exchange rates

DIVISION 3 Division 3 - Disposal of ordinary income

1106....Disposal of ordinary income
1107....Amount of disposition
1108....Disposal of ordinary income - individuals
1109....Disposal of ordinary income - members of couples
1110....Treatment of transactions that constitute both a disposal of ordinary income and a disposal of assets
1111....Dispositions more than 5 years old to be disregarded
1112....Modified operation of Division in relation to benefits and family allowance supplement

DIVISION 4 Division 4 - Earnings credit

1113....Earnings credit account balance may be set-off against ordinary income from remunerative work
1114....Earnings credit account
1115....Earnings credit account balance

PART 3.11 PART 3.11 - GENERAL PROVISIONS RELATING TO THE MAINTENANCE INCOME TEST

1116....Apportionment of capitalised maintenance income
1117....Non-cash housing maintenance - value of substitute for family home

PART 3.12 PART 3.12 - GENERAL PROVISIONS RELATING TO THE ASSETS TEST

DIVISION 1 Division 1 - Value of person's assets

1118....Certain assets to be disregarded in calculating the value of a person's assets
1119....Value of annuities Value of certain annuities to be disregarded
1120....Value of annuity - change of relevant number
1121....Effect of charge or encumbrance on value of assets
1122....Loans

DIVISION 2 Division 2 - Disposal of assets

1123....Disposal of assets
1124....Amount of disposition
1125....Disposal of assets - individuals
1126....Disposal of assets - members of couples
1127....Dispositions more than 5 years old to be disregarded
1128....Modified operation of Division in relation to benefits and family allowance supplement

DIVISION 3 Division 3 - Financial hardship

1129....Access to financial hardship rules - pensions
1130....Application of financial hardship rules - pensions Value of unrealisable asset to be disregarded
1131....Access to financial hardship rules - benefits
1132....Application of financial hardship rules - benefits Value of unrealisable asset to be disregarded

DIVISION 4 Division 4 - Pension loans scheme

1133....Qualification for participation in pension loans scheme Person not member of a couple
1134....Effect of participation in pension loans scheme - pension or allowance rate
1135....Effect of participation in pension loans scheme - creation of debt
1136....Need for a request to participate
1137....Additional requirement where person's assets valued at less than $100,000 Person not member of a couple
1138....Existence of debt results in charge over assets Person not member of a couple
1139....Debt not to be recovered until after death
1140....Enforcement of charge
1141....Person ceases to participate in pension loans scheme if value of assets falls below $100,000
1142....Automatic termination of participation in pension loans scheme
1143....Registration of charge
1144....Manner of enforcement of charge

DIVISION 5 Division 5 - Special provisions relating to residents

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - General

1145....Retirement village resident
1146....Basis for different treatment
1147....Entry contribution
1148....Extra allowable amount Residence taken up before 13 June 1989
1149....Renegotiation of retirement village agreement

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - Residents who are not members of a couple

1150....Residents who are not members of a couple

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C Subdivision C - Residents who are members of couple

1151....Members of couples

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D Subdivision D - Residents who are members of illness

1152....Members of illness separated couples (both in retirement village or villages)
1153....Members of illness separated couples (partner not in retirement village and partner homeowner)
1154....Member of illness separated couple (partner not in retirement village and partner not homeowner)

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E Subdivision E - Residents who are members of ordinary couple with different principal homes

1155....Members of ordinary couple with different principal homes (both in retirement villages)
1156....Members of ordinary couple with different principal homes (partner not in a retirement village and partner homeowner)
1157....Members of ordinary couple with different principal homes (partner not in a retirement village and partner not homeowner)

PART 3.13 PART 3.13 - IMPRISONMENT

DIVISION 1 Division 1 - Social security pensions (excluding rehabilitation allowance)

1158....Some social security pensions not payable during period in gaol or in psychiatric confinement following criminal conviction
1159....Payment may be redirected to dependent partner or child

DIVISION 2 Division 2 - Social security benefits

1160....Social security benefit not payable while person in gaol or in psychiatric confinement following criminal conviction
1161....Double benefit payment on release from gaol

DIVISION 3 Division 3 - Sheltered employment allowance

1162....Transfer from sheltered employment allowance to pension during or soon after release from prison

PART 3.14 PART 3.14 - COMPENSATION RECOVERY

DIVISION 1 Division 1 - General

1163....General effect of Part

DIVISION 2 Division 2 - Enforcement of compensation rights

1164....Secretary may require person to take action to obtain compensation

DIVISION 3 Division 3 - Receipt of compensation

1165....Pension, benefit or allowance not payable during lump sum preclusion period Person not member of a couple
1166....Person may have to repay amount where both lump sum and pension, benefit or allowance payments have been received
1167....Lump sum compensation not counted as ordinary income
1168....Rate reduction of certain pensions, benefits and allowances where periodic compensation payments received
1169....Rate reduction under both income/assets test and this Part
1170....Person may have to repay amount where both periodic compensation payments and pension, benefit or allowance payments have been received
1171....Periodic compensation payments not counted as ordinary income

DIVISION 4 Division 4 - Compensation payers

1172....Secretary may send preliminary notice to potential compensation paper
1173....Potential compensation payer must notify Department of liability
1174....Secretary may send recovery notice to compensation payer
1175....Compensation payer's payment to Commonwealth discharges liability to compensation recipient
1176....Offence to make compensation payment after receiving preliminary notice or recovery notice

DIVISION 5 Division 5 - Insurers

1177....Secretary may send preliminary notice to insurer
1178....Insurer must notify Department of liability
1179....Secretary may send recovery notice to insurer
1180....Preliminary notice or recovery notice to insurer suspends compensation payer's liability
1181....Insurer's payment to Commonwealth discharges liability
1182....Offence to make compensation payment after receiving preliminary notice or recovery notice

DIVISION 6 Division 6 - Miscellaneous

1183....Secretary may give recovery notice either to compensation payer or to insurer but not to both
1184....Secretary may disregard some payments
1185....Part to bind Crown

PART 3.15 PART 3.15 - NEW ENTERPRISE INCENTIVE SCHEME

1186....General effect of Part
1187....Reduction in rate of payments under this Act if recipient or partner also receiving payments under New Enterprise Incentive Scheme (NEIS)
1188....Rate reduction under this Part

PART 3.16 PART 3.16 - INDEXATION

DIVISION 1 Division 1 - Preliminary

1189....Analysis of Part
1190....Indexed and adjusted amounts

DIVISION 2 Division 2 - CPI indexation

1191....CPI Indexation Table
1193....Indexation factor
1194....Rounding off indexed amounts

DIVISION 3 Division 3 - AWE indexation

1195....AWE Indexation Table
1196....Indexation of amounts
1197....Indexation factor
1198....Rounding off indexed amounts

DIVISION 4 Division 4 - Adjustment of other rates

1199....Adjustment of FAS child MBRs
1200....Adjustment of pension child add-ons
1201....Adjustment of benefit child add-ons
1202....Adjustment of FAS MRA
1203....Adjustment of pension "single" non-homeowner AVL
1204....Adjustment of benefit AVLs
1205....Adjustment of special illness separated retirement village resident AVL
1206....Adjustment of fringe benefits AVLs

PART 3.17 PART 3.17 - MISCELLANEOUS

1207....Application of income and assets test reductions and of compensation reductions for income tax purposes

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 4 CHAPTER 4 - INTERNATIONAL AGREEMENTS AND PORTABILITY

PART 4.1 PART 4.1 - INTERNATIONAL AGREEMENTS

1208....Scheduled international social security agreements override this Act
1209....Portability of international agreement pension or allowance
1210....Rate of pension or allowance payable under scheduled international social security agreement where rate to be determined under the social security laws of Australia

PART 4.2 PART 4.2 - OVERSEAS PORTABILITY

DIVISION 1 Division 1 - General portability of pensions

1211....Benefits and family payments not portable
1212....Grant of pension or allowance when person outside Australia General
1213....Some pensions generally portable without time limit
1214....Sole parent pension generally portable for 12 months only
1215....Wife and widow B pension not portable after 12 months unless person is in a specified foreign country
1216....Wife and widow B pension may be portable after 12 months where person is in a specified foreign country
1217....Effect of disqualified person returning to Australia

DIVISION 2 Division 2 - Departure certificates and short residence

1218....Qualification for pension ceases after 6 months unless person has a departure certificate
1219....Departure certificates Recipients
1220....No portability where claim based on short residence

DIVISION 3 Division 3 - Rate of portable pensions

1221....Rate of pensions paid outside Australia

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 5 CHAPTER 5 - OVERPAYMENTS AND DEBT RECOVERY

PART 5.1 PART 5.1 - EFFECT OF CHAPTER

1222....General effect of Chapter

PART 5.2 PART 5.2 - AMOUNTS RECOVERABLE UNDER THIS ACT

1223....Overpayments arising under this Act
1224....Debts arising from recipients' contravention of Act
1225....Compensation debts
1226....Compensation payer and insurer debts
1227....Assurance of support debts
1228....Overpayments arising under other Acts and Schemes
1229....Penalty for late payment of certain debts
1230....Debt from failure to comply with garnishee notice

PART 5.3 PART 5.3 - METHODS OF RECOVERY

1231....Deductions
1232....Legal proceedings
1233....Garnishee notice
1234....Secretary may allow payment of debt by instalments

PART 5.4 PART 5.4 - NON-RECOVERY OF OVERPAYMENTS AND DEBTS

1235....Meaning of "debt"
1236....Secretary may write off overpayment or debt
1237....Secretary may waive overpayment or debt

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 6 CHAPTER 6 - REVIEW OF DECISIONS

PART 6.1 PART 6.1 - INTERNAL REVIEW

1238....Application of Part
1239....Secretary may review decisions
1240....Application for review
1241....Secretary may continue payment pending outcome of application for review
1242....Automatic continuation of payment if review of section 282 cancellation decision sought
1243....Secretary's powers where application for review
1244....Notification of further rights of review

PART 6.2 PART 6.2 - REVIEW BY THE SOCIAL SECURITY APPEALS TRIBUNAL

1245....Application of Part
1246....SSAT objectives
1247....Application for review by SSAT
1248....Application requirement - rate of return decision
1249....Person affected may apply for SSAT review and Secretary's review
1250....Non-reviewable decisions
1251....Secretary may continue payment pending outcome of application for review
1252....Automatic continuation of payment if review of section 282 cancellation decision sought
1253....SSAT review powers (decisions other than rate of return decisions)
1254....SSAT review powers (rate of return decisions)
1255....Date of effect of SSAT decisions (other than rate of return decisions)
1256....Date of effect of SSAT decision (rate of return decisions)
1257....Application requirements
1258....Notification requirements - rate of return decision application
1259....Variation of decision before review completed
1260....Parties to SSAT review

PART 6.3 PART 6.3 - PROCEDURES FOR REVIEW BY THE SOCIAL SECURITY

DIVISION 1 Division 1 - Preliminary procedures

1261....Procedure on receipt of application for review by SSAT
1262....Parties to be given a statement about the decision under review
1263....Arrangements for hearing of application
1264....Notice of application to person affected by decision (other than a rate of return decision)

DIVISION 2 Division 2 - How the SSAT informs itself about the decision under review

1265....Submissions to SSAT
1266....SSAT hearings without oral submissions by applicant
1267....Evidence on oath
1268....Request for further information from Secretary
1269....Request for Secretary to exercise powers under section 1304

DIVISION 3 Division 3 - The hearing

1270....Hearing procedure
1271....Hearing to be private
1272....Restrictions on disclosure of information obtained at hearing

DIVISION 4 Division 4 - Other procedural matters

1273....Adjournment of SSAT hearings
1274....Withdrawal of application for review
1275....Power to dismiss application
1276....Chairperson for each SSAT hearing
1277....Majority decision
1278....Procedure where opinion of members equally divided
1279....Directions as to procedure for hearings
1280....Costs of review

DIVISION 5 Division 5 - Notification of decisions

1281....Procedure following SSAT decision

PART 6.4 PART 6.4 - REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL

DIVISION 1 Division 1 - Right to review by Administrative Appeals Tribunal

1282....Application of Part
1283....Review of SSAT decision by AAT
1284....Variation of decision before AAT review completed
1285....Review of SSAT decision on application by the Secretary

DIVISION 2 Division 2 - Modification of the Administrative Appeals Tribunal Act 1975

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A Subdivision A - Modification of AAT Act (SSAT rate of return decisions)

1286....Operation of Administrative Appeals Tribunal Act - SSAT rate of return decisions

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B Subdivision B - General

1287....Modification of the Administrative Appeals Tribunal Act
1288....Statement of reasons for decision
1289....Notice of application for review
1290....Parties to a review by the AAT
1291....Lodging documents with the AAT
1292....Power of the AAT to obtain additional statements
1293....Operation and implementation of the decision under review.
1294....Power of the AAT where a party fails to appear

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 7 CHAPTER 7 - ADMINISTRATION

PART 7.1 PART 7.1 - GENERAL ADMINISTRATION

DIVISION 1 Division 1 - Principles of administration

1295....Secretary to have general administration of Act
1296....Principles of administration
1297....Government policy statements
1298....The Secretary and National Convener may agree on administrative arrangements
1299....Delegation

DIVISION 2 Division 2 - Miscellaneous

1300....Telephone service for clients
1301....Authorised review officers
1302....Decisions to be in writing
1303....Annual report

PART 7.2 PART 7.2 - INFORMATION MANAGEMENT

DIVISION 1 Division 1 - Information gathering

1304....General power to obtain information
1305....Power to obtain information from a person who owes a debt to the Commonwealth
1306....Power to obtain information about a person who owes a debt to the Commonwealth
1307....Power to obtain information to verify claims etc.
1308....Power to obtain information about tax file number
1309....Self incrimination
1310....State/Territory law does not affect obligations to provide information under this Act
1311....End-of-employment statement by employer

DIVISION 2 Division 2 - Confidentiality

1312....Protection of personal information
1313....Protection extends to court, tribunal etc. proceedings
1314....Secretary's certificate
1315....Guidelines for exercise of Secretary's certificate power
1316....Offence - soliciting disclosure of protected information
1317....Offences where protected information disclosed
1318....Offences-offering to supply protected information
1319....Penalty for offences under this Division
1320....Protection for officers
1321....Officer's oath or declaration

PART 7.3 PART 7.3 - SOCIAL SECURITY APPEALS TRIBUNAL

DIVISION 1 Division 1 - Establishment and membership of the Social Security Appeals Tribunal

1322....Establishment of the SSAT
1323....The National Convener
1324....Appointment of members
1325....Period of appointment of members
1326....Acting appointments

DIVISION 2 Division 2 - Organisation of the business of the Social Security Appeals Tribunal

1327....Constitution of SSAT for each hearing
1328....Number of members to constitute SSAT for each hearing
1329....Member unavailable to complete review

DIVISION 3 Division 3 - Administrative matters

1330....Remuneration and allowances of members
1331....Leave of absence
1332....Approval to engage in outside employment
1333....Resignation
1334....Removal from office
1335....Disclosure of interests
1336....Disclosure of confidential information
1337....Delegation by the National Convener
1338....Protection of members and witnesses
1339....Fees for witnesses
1340....Oath or affirmation of office
1341....Staff of the SSAT
1342....Annual report

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 8 CHAPTER 8 - MISCELLANEOUS

PART 8.1 PART 8.1 - OFFENCES

DIVISION 1 Division 1 - Offences

1343....Operation of Part
1344....False statement in connection with claims and hardship requests
1345....False statement - to deceive or affect rates
1346....False statement or document
1347....Payment knowingly obtained where not payable
1348....Payment knowingly obtained through fraud etc.
1349....Proceedings against corporations

DIVISION 2 Division 2 - Penalties and orders for interest

1350....Penalties
1351....Conviction of an offence - repayment of pension, benefit or allowance
1352....Order for interest by the court
1353....Penalty where person convicted of more than one offence

DIVISION 3 Division 3 - Procedural matters

1354....Joining of charges
1355....Particulars of each offence
1356....Joined charges may be tried together
1357....Secretary's certificate
1358....Court certificate

PART 8.2 PART 8.2 - MISCELLANEOUS

section 218 Income Tax Assessment Act

1360....Judicial notice to be taken of certain matters
1361....Evidence
1362....External Territories
1363....Appropriation
1364....Regulations

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SOCIAL SECURITY ACT 1991 No. 46, 1991

SOCIAL SECURITY ACT 1991 No. 46, 1991 - TABLE OF PARTS

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
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
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 couple - general
Member of a couple - criteria for marriage-like relationship
Member of a couple - special excluding determination
Illness separated couple
Respite care couple

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Approved respite care
Benefit increase partner
Standard family situation categories
5. Family relationships definitions - children
Dependent child - under 16
Dependent child - 16 and over
Dependent child - pension and benefit recipients
Dependent child - residence requirements
Receiving full-time education - education leavers
Prescribed student child
6. Family payments definitions
7. Australian residence definitions
8. Income test definitions
Earned, derived or received
Domestic payments
Excluded amounts - home equity conversion (not member of a couple)
Excluded amounts - home equity conversion (member of a couple)
(member of a couple)
Home equity conversion (principal home)
Excluded amounts - general
9. Investment income definitions
10. Maintenance income definitions
11. Assets test definitions
Homeowner
Principal home
Granny flat interest
Pension year - disposal 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
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 1 - Qualification for and payability of age pension

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Subdivision A - Qualification
43. Qualification for age pension
Subdivision B - Payability
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 2 - Claim 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 3 - Determination of claim
52. Secretary to determine claim
53. Grant of claim
54. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of age pension
55. How to work out a person's age pension rate
Division 5 - Payment 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 6 - Protection 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
Division 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
71. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic termination
72. Automatic termination - recipient complying
with section 68 notification obligations
73. Automatic termination - recipient not complying
with section 68 notification obligations
Subdivision C - Automatic 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 D - Determinations
76. Rate increase determination
77. Rate reduction determination
78. Cancellation or suspension determination
79. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
80. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation - suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement payments

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Subdivision A - Death 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
Subdivision B - Death 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 C - Death of recipient
91. Death of recipient
Division 10 - Fringe benefits
92. Fringe benefits
93. Qualification for fringe benefits
PART 2.3 - INVALID PENSION
Division 1 - Qualification for and payability of invalid pension
Subdivision A - Qualification
94. Qualification for invalid pension
Permanent incapacity for work
Permanent blindness
Subdivision B - Payability
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 2 - Claim 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 3 - Determination of claim
104. Secretary to determine claim
105. Grant of claim
106. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Medical examination following claim
107. Examination by medical practitioner
Division 5 - Rate of invalid pension
108. How to work out a person's invalid pension rate
Division 6 - Payment 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 7 - Protection 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 8 - Recipient 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 9 - Continuation, variation and termination
Subdivision A - General
124. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic 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

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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 D - Determinations
129. Rate increase determination
130. Rate reduction determination
131. Cancellation or suspension determination
132. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
133. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Notified change of circumstances
Prescribed student child determination
Other determinations
134. Date of effect of adverse determination
General
Contravention of Act
False statement or misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 10 - Bereavement payments
Subdivision A - Death 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 B - Death 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 C - Death of recipient
144. Death of recipient
Division 11 - Fringe 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 B - Payability
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
Division 3 - Determination of claim
156. Secretary to determine claim
157. Grant of claim
158. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of wife pension
159. How to work out the rate of wife pension
Division 5 - Payment 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 6 - Protection of wife pension

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170. Wife pension to be absolutely inalienable
Payments to Commissioner of Taxation at recipient's request
171. Effect of garnishee or attachment order
Division 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
175. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic termination
176. Automatic termination - recipient complying
with section 172 notification obligations
177. Automatic termination - recipient not complying
with section 172 notification obligations
Subdivision C - Automatic 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
Subdivision D - Determinations
180. Rate increase determination
181. Rate reduction determination
182. Cancellation or suspension determination
183. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
184. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement payments
Subdivision A - Continuation of wife pension where partner dies
186. Continuation of wife pension for bereavement period
187. Continued wife pension rate
Subdivision B - Death 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 C - Death 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 10 - Fringe benefits
196. Fringe benefits
197. Qualification for fringe benefits
PART 2.5 - CARER PENSION
Division 1 - Qualification for and payability of carer pension
Subdivision A - Qualification
198. Qualification for carer pension
Subdivision B - Payability
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
202. Multiple entitlement exclusion
Division 2 - Claim 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 3 - Determination of claim

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207. Secretary to determine claim
208. Grant of claim
209. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of carer pension
210. How to work out a person's carer pension rate
Division 5 - Payment 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 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General

225. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic termination
226. Automatic termination - recipient complying
with section 222 notification obligations
227. Automatic termination - recipient not complying
with section 222 notification obligations
Subdivision C - Automatic rate reduction
228. Automatic rate reduction - recipient not
complying with section 222 notification obligations
Subdivision D - Determinations
229. Rate increase determination
230. Rate reduction determination
231. Cancellation or suspension determination
232. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
233. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement payments
Subdivision A - Continuation of carer pension
235. Continuation of carer pension for bereavement
period where person cared for dies
236. Continued carer pension rate
Subdivision B - Death 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 C - Death 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 D - Death of recipient
246. Death of recipient
Division 10 - Fringe benefits

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247. Fringe benefits
248. Qualification for fringe benefits
PART 2.6 - SOLE PARENT PENSION
Division 1 - Qualification for and payability of sole parent pension
Subdivision A - Qualification
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 B - Payability

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 2 - Claim 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 3 - Determination of claim
266. Secretary to determine claim
267. Grant of claim
268. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of sole parent pension
269. How to work out a person's sole parent pension rate
Division 5 - Payment of sole parent pension
270. Commencement of sole parent pension
271. Payment by instalments
272. Effect on instalments of backdating claim
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 6 - Protection 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 7 - Recipient 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

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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 8 - Continuation, variation and termination
Subdivision A - General
287. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic 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 C - Automatic 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 D - Determinations
293. Rate increase determination
294. Rate reduction determination
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 E - Date of effect of determinations
299. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement payments
Subdivision A - Continuation 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 B - Death 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 C - Death 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 D - Death of recipient
312. Death of recipient
Division 10 - Fringe benefits
313. Fringe benefits
314. Qualification for fringe benefits
PART 2.7 - WIDOWED PERSON ALLOWANCE
Division 1 - Qualification for and payability of
widowed person allowance
Subdivision A - Qualification
315. Qualification for widowed person allowance
Subdivision B - Payability
316. Widowed person allowance not payable in some circumstances
317. Widowed person allowance generally not payable before claim
318. Provisional commencement day
General rule
Initial incorrect claim followed by claim for
widowed person allowance

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Early claim
319. Backdating - death of partner etc.
320. Backdating - birth of child
321. Multiple entitlement exclusion
Division 2 - Claim 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 3 - Determination of claim
326. Secretary to determine claim
327. Grant of claim
328. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of widowed person allowance
329. How to work out a person's widowed person allowance rate
Division 5 - Payment 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 6 - Protection 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 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
344. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic 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 C - Automatic 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 D - Determinations
350. Rate increase determination
351. Rate reduction determination
352. Cancellation or suspension determination
353. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
354. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement payments
Subdivision A - Death of dependent or maintained child
356. Bereavement payments on death of dependent child
357. Continued payment of child-related amounts

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358. Lump sum payable in some circumstances
Subdivision B - Death of recipient
359. Death of recipient
Division 10 - Fringe benefits
360. Fringe benefits
361. Qualification for fringe benefits
PART 2.8 - WIDOW B PENSION
Division 1 - Qualification for and
payability of widow B pension
Subdivision A - Qualification

362. Qualification for widow B pension
363. Effect of maintenance rights on qualification for widow B pension
Subdivision B - Payability
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 2 - Claim 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 3 - Determination of claim
373. Secretary to determine claim
374. Grant of claim
375. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of widow B pension
376. How to work out the rate of widow B pension
Division 5 - Payment 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 6 - Protection 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 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
392. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic 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 C - Automatic 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 D - Determinations
398. Rate increase determination
399. Rate reduction determination
400. Cancellation or suspension determination
401. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations

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402. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate 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 B - Death of recipient
407. Death of recipient
Division 10 - Fringe benefits
408. Fringe benefits
409. Qualification for fringe benefits
PART 2.9 - SHELTERED EMPLOYMENT ALLOWANCE
Division 1 - Qualification for and payability of
sheltered employment allowance
Subdivision A - Qualification
410. Qualification for sheltered employment allownace
Qualified for invalid pension
Not qualified for invalid pension
Subdivision B - Payability
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 2 - Claim for sheltered employment allowance
416. Secretary may require claim
417. Form of claim

418. Lodgment of claim
Division 3 - Determination of claim
419. Secretary to determine claim
420. Grant of claim
421. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of sheltered employment allowance
422. Rate of sheltered employment allowance
423. Incentive allowance
Division 5 - Payment 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 6 - Protection 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 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
438. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic termination

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with section 435 notification obligations
440. Automatic termination - recipient not complying
with section 435 notification obligations
Subdivision C - Automatic 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 D - Determinations
443. Rate increase determination
444. Rate reduction determination
445. Cancellation or suspension determination
446. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
447. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation - suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement payments
Subdivision A - Death 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 B - Death 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 C - Death of recipient
458. Death of recipient
Division 10 - Fringe benefits
459. Fringe benefits
460. Qualification for fringe benefits
PART 2.10 - REHABILITATION ALLOWANCE
Division 1 - Qualification for and payability
of rehabilitation allowance
Subdivision A - Qualification
461. Qualification for rehabilitation allowance
Subdivision B - Payability
462. Rehabilitation allowance not payable in some circumstances
463. Rehabilitation allowance not payable before
date determined by Secretary
464. Multiple entitlement exclusion
Division 2 - Claim for rehabilitation allowance
465. Secretary may require claim
466. Form of claim
467. Lodgment of claim
Division 3 - Determination of claim
468. Secretary to determine claim
469. Grant of claim
470. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate 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 5 - Payment of rehabilitation allowance
476. Commencement of rehabilitation allowance
477. Payment by instalments
478. Effect on instalments of backdated determination

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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 6 - Protection 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 7 - Recipient 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
Division 8 - Continuation, variation and termination
Subdivision A - General
490. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic 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 D - Determinations
495. Rate increase determination
496. Rate reduction determination
497. Cancellation or suspension determination
498. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
499. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement payments
Subdivision A - Death 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 B - Death 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 C - Death of recipient
510. Death of recipient
Division 10 - Fringe benefits
511. Fringe benefits
512. Qualification for fringe benefits
PART 2.11 - UNEMPLOYMENT BENEFIT
Division 1 - Qualification for and payability
of unemployment benefit
Subdivision A - Basic 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

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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 C - Situations 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 D - Situations 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
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 E - Situations 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 2 - Claim 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 3 - Determination of claim
556. Secretary to determine claim
557. Grant of claim
558. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified

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Division 4 - Rate 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 5 - Payment 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 6 - Protection 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
Division 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
575. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic 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 C - Automatic rate reduction

579. Automatic rate reduction - recipient not
complying with section 572 notification obligations
Subdivision D - Determinations
580. Rate increase determination
581. Rate reduction determination
582. Cancellation or suspension determination
583. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
584. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement 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
PART 2.12 - JOB SEARCH ALLOWANCE
Division 1 - Qualification for and payability of
job search allowance
Subdivision A - Basic 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 B - Work 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

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Subdivision C - Situations 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 D - Situations 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 E - Situations 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
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 2 - Claim 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 3 - Determination of claim
627. Secretary to determine claim
628. Grant of claim
629. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate 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 5 - Payment 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 6 - Protection of job search allowance

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642. Job search allowance to be absolutely inalienable
Payments to Commissioner of Taxation at recipient's request
643. Effect of garnishee or attachment order
Division 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
647. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic 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 C - Automatic rate reduction

651. Automatic rate reduction - recipient not
complying with section 644 notification obligations
Subdivision D - Determinations
652. Rate increase determination
653. Rate reduction determination
654. Cancellation or suspension determination
655. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
656. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation - suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement 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 1 - Qualification for and payability of sickness benefit
Subdivision A - Basic qualifications
666. Qualification for sickness benefit
667. Temporary absence from Australia
668. Loss of income
Subdivision B - Situations where benefit not
payable (general)
669. Sickness benefit not payable in certain circumstances
670. Provision of tax file number
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 waiting 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 C - Situations where benefit not payable (waiting periods)

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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 D - Situations where benefit not payable
(recipient non-compliance)
686. Secretary may require person to have medical
examination, attend course or undertake work
Division 2 - Claim 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 3 - Determination of claim
693. Secretary to determine claim
694. Grant of claim
695. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate 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 5 - Payment 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 6 - Protection 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 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
716. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic termination

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717. Automatic termination - recipient complying
with section 713 notification obligations
718. Automatic termination - recipient not complying
with section 713 notification obligations
Subdivision C - Automatic rate reduction

719. Automatic rate reduction - recipient not
complying with section 713 notification obligations
Subdivision D - Determinations
720. Rate increase determination
721. Rate reduction determination
722. Cancellation or suspension determination
723. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
724. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 9 - Bereavement 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 1 - Qualification for and
payability of special benefit
Subdivision A - Qualification
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 B - Payability
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 2 - Claim for special benefit
740. Need for a claim
741. Form of claim
742. Lodgment of claim
Division 3 - Determination of claim

743. Secretary to determine claim
744. Grant of claim
745. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of special benefit
746. Rate of special benefit
747. Double payment - claim as a result of major disaster
Division 5 - Payment 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 6 - Protection 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

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Division 7 - Recipient 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 8 - Continuation, variation and termination
Subdivision A - General
762. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Determinations
763. Rate increase determination
764. Rate reduction determination
765. Cancellation or suspension determination
766. Resumption of payment after cancellation or suspension
Subdivision C - Date of effect of determinations
767. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Notified change of circumstances
Prescribed student child determination
Other determinations
768. Date of effect of adverse determination
General
Contravention of Act
False statement or misrepresentation -
suspension or cancellation
Division 9 - Bereavement 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 1 - Qualification for and payability
of special needs pension
Subdivision A - Qualification
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 B - Payability
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 2 - Claim for special needs pension
789. Need for a claim
790. Form of claim
791. Lodgment of claim
Division 3 - Determination of claim
792. Secretary to determine claim
793. Grant of claim
794. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Medical examination following claim
795. Examination by medical practitioner
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

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Module C - Residence factor
Division 6 - Payment 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 7 - Protection 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 8 - Recipient 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 9 - Continuation, variation and termination
Subdivision A - General
811. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic 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 D - Determinations
816. Rate increase determination
817. Rate reduction determination
818. Cancellation or suspension determination
819. Resumption of payment after cancellation or
suspension
Subdivision E - Date of effect of determinations
820. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 10 - Bereavement payments
Subdivision A - Death 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 B - Death of dependent or maintained child
828. Bereavement payments on death of dependent or maintained child
829. Continued payment of child-related amounts
Subdivision C - Death of recipient
830. Death of recipient
PART 2.17 - FAMILY ALLOWANCE
Division 1 - Family 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

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837. FA child - receipt of foreign "family
allowance" in respect of child outside Australia
Division 2 - Qualification for and payability of family allowance
Subdivision A - Qualification
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 B - Payability
841. Family allowance not payable in some circumstances
842. Family allowance generally not payable before claim
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 3 - Claim 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 4 - Determination of claim
851. Secretary to determine claim
852. Grant of claim

853. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 5 - Rate 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 6 - Payment 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 7 - Protection 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 8 - Recipient 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
Division 9 - Continuation, variation and termination
Subdivision A - General
876. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic termination
877. Automatic termination - recipient complying
with section 873 notification obligations
878. Automatic termination - recipient not complying
with section 873 notification obligations
Subdivision C - Automatic rate reduction
879. Automatic rate reduction - recipient not
complying with section 873 notification obligations
Subdivision D - Determinations
880. Rate increase determination

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881. Rate reduction determination
882. Cancellation or suspension determination
883. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
884. Date of effect of favourable determination
Notified decision - review sought within 3
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction
Division 10 - Bereavement 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 1 - Family 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 2 - Qualification for and
payability of family allowance supplement
Subdivision A - Qualification

895. Qualification for family allowance supplement
Subdivision B - Payability
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 supplement
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 3 - Claim 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 4 - Determination of claim
907. Secretary to determine claim
908. Grant of claim
909. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 5 - Rate 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 6 - Payment 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.

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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 7 - Protection 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
Division 8 - Recipient 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 9 - Continuation, variation and termination
Subdivision A - General
933. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic termination

934. Automatic termination - recipient complying
with section 930 notification obligations
935. Automatic termination - recipient not complying
with section 930 notification obligations
Subdivision C - Automatic rate reduction
936. Automatic rate reduction - recipient not
complying with section 930 notification obligations
Subdivision D - Determinations
937. Rate increase determination
938. Rate reduction determination
939. Cancellation or suspension determination
940. Resumption of payment after cancellation or
suspension
Subdivision E - Date of effect of determinations
941. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review 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 misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate 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 10 - Bereavement 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
950. Continued payment of family allowance supplement
951. Lump sum payable in some circumstances
PART 2.19 - CHILD DISABILITY ALLOWANCE
Division 1 - CDA child status
952. Disabled child
953. CDA child status - family allowance requirement
Division 2 - Qualification for and payability
of child disability allowance
Subdivision A - Qualification

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 B - Payability
956. Child disability allowance not payable in some circumstances

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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 3 - Claim for child disability allowance
961. Need for a claim
962. Form of claim
963. Lodgment of claim
Division 4 - Determination of claim
964. Secretary to determine claim
965. Grant of claim
966. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 5 - Rate 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)
Division 6 - Payment of child disability allowance
968. Commencement of child disability allowance
969. Payment by instalments
970. Effect on instalments of backdating claim
971. Manner of payment
972. Nominee payments
973. Payment into bank account etc.
974. Where allowance payday would fall on public holiday etc.
975. Payment of allowance after death
Division 7 - Protection of child disability allowance
976. Child disability allowance to be absolutely inalienable
Payment to Commissioner of Taxation at recipient's request
977. Effect of garnishee or attachment order
Division 8 - Recipient obligations
978. Secretary may require notice of the happening
of an event or a change in circumstances
979. Secretary may require recipient to give
particular information relevant to payment of
child disability allowance
980. Self incrimination
Division 9 - Continuation, variation and termination
Subdivision A - General
981. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B - Automatic termination
982. Automatic termination - recipient complying
with section 978 notification obligations
983. Automatic termination - recipient not complying
with section 978 notification obligations
Subdivision C - Automatic rate reduction
984. Automatic rate reduction - recipient not
complying with section 978 notification obligations
Subdivision D - Determinations
985. Rate increase determination
986. Rate reduction determination
987. Cancellation or suspension determination
988. Resumption of payment after cancellation or suspension
Subdivision E - Date of effect of determinations
989. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Notified change of circumstances
Other determinations
990. Date of effect of adverse determination
General
Contravention of Act
False statement or misrepresentation -
suspension or cancellation
False statement or misrepresentation - rate reduction

Division 10 - Bereavement payments (death of CDA child)
991. Continued child disability allowance during
continuation period where CDA child dies
992. Lump sum payable in some circumstances
PART 2.20 - DOUBLE ORPHAN PENSION
Division 1 - DOP child status

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993. Double orphan - not refugee
994. Double orphan - refugee
995. Refugee child
996. Long-term prisoner
997. Patient on a long-term basis
Mental hospital patient
Nursing home patient
998. Person uncontactable
Division 2 - Qualification for and
payability of double orphan pension
Subdivision A - Qualification
999. Qualification for double orphan pension
Persons other than approved care organisations
Approved care organisations
Subdivision B - Payability
1000. Double orphan pension not payable in some
circumstances
1001. Double orphan pension generally not payable
before claim
1002. Provisional commencement day
General rule
Initial incorrect claim followed by claim for
double orphan pension
1003. Double orphan pension not payable for child
receiving a pension under the VEA
Division 3 - Claim for double orphan pension

1004. Need for a claim
1005. Form of claim
1006. Lodgment of claim
Division 4 - Determination of claim
1007. Secretary to determine claim
1008. Grant of claim
1009. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 5 - Rate of double orphan pension
1010. Rate of double orphan pension
Division 6 - Payment of double orphan pension
1011. Commencement of double orphan pension
1012. Payment by instalments
1013. Effect on instalments of backdating claim
1014. Manner of payment
1015. Nominee payments
1016. Payment into bank account etc.
1017. Where pension payday would fall on public holiday etc.
1018. Payment of pension after death
Division 7 - Protection of double orphan pension
1019. Double orphan pension to be absolutely inalienable
Payments to Commissioner of Taxation at recipient's request
1020. Effect of garnishee or attachment order
Division 8 - Recipient obligations
1021. Recipient
1022. Double orphan pension to be applied for benefit of child
1023. Secretary may require notice of the happening
of an event or a change in circumstances
1024. Secretary may require recipient to give
particular information relevant to payment of
double orphan pension
1025. Self incrimination
Division 9 - Continuation, variation and termination
Subdivision A - General
1026. Continuing effect of determination
Entitlement determination
Subdivision B - Automatic termination
1027. Automatic termination - recipient complying
with section 1023 notification obligations
1028. Automatic termination - recipient not
complying with section 1023 notification obligations
Subdivision C - Determinations
1029. Cancellation or suspension determination
1030. Resumption of payment after cancellation or suspension
Subdivision D - Date of effect of determinations
1031. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Other determinations
1032. Date of effect of adverse determination
General

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Contravention of Act
False statement or misrepresentation -
suspension or cancellation
Division 10 - Bereavement payments
(death of DOP child)
1033. Continued double orphan pension during
bereavement rate continuation period where DOP child dies
1034. Lump sum payable in some circumstances
PART 2.21 - MOBILITY ALLOWANCE
Division 1 - Qualification for and payability
of mobility allowance
Subdivision A - Qualification
1035. Qualification for mobility allowance
Subdivision B - Payability
1036. Mobility allowance not payable in some circumstances
1037. Mobility allowance not payable where person
receiving motor vehicle assistance
1038. Mobility allowance generally not payable before claim
1039. Provisional commencement day
General rule
Initial incorrect claim followed by claim for
mobility allowance
Division 2 - Claim for mobility allowance
1040. Need for a claim
1041. Form of claim
1042. Lodgment of claim
Division 3 - Determination of claim
1043. Determination granting claim
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Division 4 - Rate of mobility allowance
1044. Rate of mobility allowance
Division 5 - Payment of mobility allowance
1045. Commencement of mobility allowance
1046. Payment by instalments
1047. Effect on instalments of backdating claim
1048. Manner of payment
1049. Nominee payments
1050. Payment into bank account etc.
1051. Where allowance payday would fall on public holiday etc.
Division 6 - Protection of mobility allowance
1052. Mobility allowance to be absolutely inalienable
Payments to Commissioner of Taxation at recipient's request

1053. Effect of garnishee or attachment order
Division 7 - Recipient obligations
1054. Secretary may require notice of the happening
of an event or a change in circumstances
1055. Secretary may require recipient to give
particular information relevant to payment of
mobility allowance
1056. Self incrimination
Division 8 - Continuation, variation and termination
Subdivision A - General
1057. Continuing effect of determination
Subdivision B - Automatic termination
1058. Effect on mobility allowance when person
ceases to be qualified
Subdivision C - Determinations
1059. Cancellation or suspension determination and resumption
of payment after incorrect cancellation or suspension
Subdivision D - Date of effect of determinations
1060. Date of effect of favourable determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified
Other determinations
1061. Date of effect of adverse determination
General
Contravention of Act
False statement or misrepresentation -
suspension or cancellation
CHAPTER 3 - GENERAL PAYABILITY AND RATES PROVISIONS
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, invalid, wife and carer pensions
(people who are not blind)
PENSION RATE CALCULATOR A

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Module A - Overall rate calculation process (1064-A1 to1064-A5)
Module B - Maximum basic rate (1064-B1)
Module C - Additional amounts for dependent children(1064-C1 to
Module D - Rent assistance (1064-D1 to 1064-D8)
Module E - Ordinary income test (1064-E1 to 1064-E12)

Module F - Maintenance income test (1064-F1 to 1064-F13)
Module G - Assets test (1064-G1 to 1064-G7)
Module H - Remote area allowance (1064-H1 to 1064-H5)
Module J - Incentive allowance (1064-J1 to 1064-J3)
PART 3.3 - PENSION RATE CALCULATOR B
1065. Rate of age and invalid pension (blind people)
PENSION RATE CALCULATOR B
Module A - Overall rate calculation process (1065-A1 to1065-A2)
Module B - Maximum basic rate (1065-B1)
Module C - Additional amounts for dependent children(1065-C1 to
Module D - Rent assistance (1065-D1 to 1065-D3)
Module E - Remote area allowance (1065-E1 to 1065-E4)
Module F - Incentive allowance (1065-F1 to 1065-F3)
PART 3.4 - PENSION RATE CALCULATOR C
1066. Rate of sole parent pension, widowed person
allowance and widow B pension
PENSION RATE CALCULATOR C
Module A - Overall rate calculation process (1066-A1 to1066-A2)
Module B - Maximum basic rate (1066-B1)
Module C - Additional amounts for dependent or maintained
children (1066-C1 to 1066-C5)
Module D - Rent assistance (1066-D1 to 1066-D5)
Module E - Ordinary income test (1066-E1 to 1066-E9)
Module F - Maintenance income test (1066-F1 to 1066-F11)
Module G - Assets test (1066-G1 to 1066-G6)
Module H - Remote area allowance (1066-H1 to 1066-H4)
PART 3.5 - BENEFIT RATE CALCULATOR A
1067. Rate of job search allowance and sickness benefit (under 18)
BENEFIT RATE CALCULATOR A
Module A - Overall rate calculation process (1067-A1 to1067-A4)
Module B - Maximum basic rate (1067-B1)
Module C - Additional payment for partner (1067-C1 to1067-C6)
Module D - Supplementary amount for member of couple in some
circumstances (1067-D1 to 1067-D4)
Module E - Additional amount for children (1067-E1 to1067-E8)
Module F - Rent assistance (1067-F1 to 1067-F16)
Module G - Parental means test (1067-G1 to 1067-G22)
Module H - Ordinary income test (1067-H1 to 1067-H13)
Module J - Maintenance income test (1067-J1 to 1067-J14)
Module K - Remote area allowance (1067-K1 to 1067-K8)
PART 3.6 - BENEFIT RATE CALCULATOR B
1068. Rate of unemployment and sickness benefit (18 or over)
BENEFIT RATE CALCULATOR B
Module A - Overall rate calculation process (1068-A1 to1068-A4)
Module B - Maximum basic rate (1068-B1)
Module C - Additional payment for partner (1068-C1 to 1068-C7)
Module D - Supplementary amount for member of couple in some
circumstances (1068-D1 to 1068-D4)
Module E - Additional amount for children (1068-E1 to1068-E9)
Module F - Rent assistance (1068-F1 to 1068-F18)
Module G - Ordinary income test (1068-G1 to 1068-G13)
Module H - Maintenance income test (1068-H1 to 1068-H13)
Module J - Remote area allowance (1068-J1 to 1068-J8)
PART 3.7 - FAMILY ALLOWANCE RATE CALCULATOR
1069. Rate of family allowance
FAMILY ALLOWANCE RATE CALCULATOR
Module A - Overall rate calculation process (1069-A1)
Module B - Maximum basic rate (1069-B1 to 1069-B4)
Module C - Multiple birth allowance (1069-C1 to 1069-C4)
Module D - Taxable income test (1069-D1 to 1069-D11)
PART 3.8 - FAMILY ALLOWANCE SUPPLEMENT RATE CALCULATOR
1070. Rate of family allowance supplement
FAMILY ALLOWANCE SUPPLEMENT RATE CALCULATOR
Module A - Overall rate calculation process (1070-A1)
Module B - Maximum basic rate (1070-B1 to 1070-B4)
Module C - Rent assistance (1070-C1 to 1070-C4)
Module D - Taxable income test (1070-D1 to 1070-D16)
PART 3.9 - FRINGE BENEFITS MEANS TEST CALCULATORS
1071. Fringe Benefits Ordinary Income Test Calculator
FRINGE BENEFITS ORDINARY INCOME TEST CALCULATOR
1072. Fringe Benefits Assets Test Calculator
FRINGE BENEFITS ASSETS TEST CALCULATOR
PART 3.10 - GENERAL PROVISIONS RELATING TO
THE ORDINARY INCOME TEST
Division 1 - Investment income

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Subdivision A - Introduction
1073. Structure of Division
1074. Certain capital amounts not covered by other
Subdivisions taken to be received over 12 months
Subdivision B - Accruing return investments
1075. Investments made before 1 January 1988 with
friendly societies or where no immediate return
1076. Investments made before 1 January 1988 not
with friendly societies or where return is not
deferred
1077. Investments made after 1 January 1988
1078. Actual return not to be treated as income
1079. Rate of return where it can only be approximated
1080. Reduction of rate of return for investment costs
1081. Conversion of investment to accruing return investment
Subdivision C - Market-linked investments
1082. Investments made before 9 September 1988

1083. Special provisions about certain investments
made before 9 September 1988
1084. Investments made after 9 September 1988
1085. Actual return not to be treated as income
1086. Product rate of return
1087. Statutory rate of return
1088. Current rate of return may apply instead of
statutory rate of return in some cases
1089. Application for determination under section 1088
1090. Secretary not to be required to consider applications
in certain circumstances
1091. Duration of determination under section 1088
1092. Revocation of determination under section 1088
1093. Notices in relation to exercise of powers under
sections 1088 to 1092
1094. Determination of entitlement of person holding
market-linked investment
1095. Reduction of rate of return for investment costs
1096. `Conversion of investments to market-linked investments
Subdivision D - Compulsorily preserved superannuation
1097. Superannuation benefits received before pensionable age
Subdivision E - Immediate annuities and superannuation pensions
1098. Immediate annuities
1099. Superannuation pensions
Division 2 - Conversion of foreign currency amounts
1100. Application of Division
1101. Conversion of foreign currency amounts
1102. Base exchange rate
1103. Re-assessed exchange rate
1104. Applicability of re-assessed exchange rate
1105. Rounding off exchange rates
Division 3 - Disposal of ordinary income
1106. Disposal of ordinary income
1107. Amount of disposition
1108. Disposal of ordinary income - individuals
1109. Disposal of ordinary income - members of couples
1110. Treatment of transactions that constitute both a
disposal of ordinary income and a disposal of assets
1111. Dispositions more than 5 years old to be disregarded
1112. Modified operation of Division in relation to
benefits and family allowance supplement
Division 4 - Earnings credit
1113. Earnings credit account balance may be set-off
against ordinary income from remunerative work
1114. Earnings credit account
1115. Earnings credit account balance

EARNINGS CREDIT ACCOUNT BALANCE CALCULATOR
Module A - Overall account balance calculation (1115-A1 to 1115-A4)
Module B - Opening balance (1115-B1 to 1115-B3)
Module C - Earnings credits (1115-C1 to 1115-C2)
Module D - Drawing on account (1115-D1 to 1115-D2)
PART 3.11 - GENERAL PROVISIONS RELATING TO THE
MAINTENANCE INCOME TEST
1116. Apportionment of capitalised maintenance income
Capitalisation period - court order or registered or approved
maintenance agreement
Capitalisation period - dependent child under 18
Capitalisation period - partner under 65
Capitalisation period - other cases
1117. Non-cash housing maintenance - value of substitute
for family home
PART 3.12 - GENERAL PROVISIONS RELATING TO THE ASSETS TEST
Division 1 - Value of person's assets

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1118. Certain assets to be disregarded in calculating the
value of a person's assets
1119. Value of annuities
Value of certain annuities to be disregarded
Disposable or deferrable annuity
Value of certain post-15 August 1989 annuities

1120. Value of annuity - change of relevant number
1121. Effect of charge or encumbrance on value of assets
1122. Loans
Division 2 - Disposal of assets
1123. Disposal of assets
1124. Amount of disposition
1125. Disposal of assets - individuals
1126. Disposal of assets - members of couples
1127. Dispositions more than 5 years old to be disregarded
1128. Modified operation of Division in relation to
benefits and family allowance supplement
Division 3 - Financial hardship
1129. Access to financial hardship rules - pensions
1130. Application of financial hardship rules - pensions
Value of unrealisable asset to be disregarded
Deduction from social security pension maximum payment rate
Adjusted annual rate of ordinary income
Assets tested asset
Notional annual rate of ordinary income from unrealisable assets
Family farms
1131. Access to financial hardship rules - benefits
1132. Application of financial hardship rules - benefits
Value of unrealisable asset to be disregarded
Deduction from social security benefit maximum payment rate
Adjusted fortnightly rate of ordinary income
Assets tested asset
Notional fortnightly rate of ordinary income from unrealisable
assets
Division 4 - Pension loans scheme
1133. Qualification for participation in pension loans scheme
Person not member of a couple
Person member of a couple
1134. Effect of participation in pension loans scheme -
pension or allowance rate
1135. Effect of participation in pension loans scheme -
creation of debt
1136. Need for a request to participate
1137. Additional requirement where person's assets valued
at less than $100,000
Person not member of a couple
Person member of a couple
Election to be signed
1138. Existence of debt results in charge over assets
Person not member of a couple
Person member of a couple
1139. Debt not to be recovered until after death
1140. Enforcement of charge
1141. Person ceases to participate in pension loans scheme
if value of assets falls below $100,000
1142. Automatic termination of participation in pension
loans scheme
1143. Registration of charge
1144. Manner of enforcement of charge
Division 5 - Special provisions relating to residents of
retirement villages
Subdivision A - General
1145. Retirement village resident
1146. Basis for different treatment
1147. Entry contribution
1148. Extra allowable amount
Residence taken up before 13 June 1989
Residence taken up on or after 13 June 1989
1149. Renegotiation of retirement village agreement
Subdivision B - Residents who are not members of a couple
1150. People who are not members of a couple
Entry contribution above extra allowable amount
Entry contribution equal to or below extra allowable amount
Subdivision C - Residents who are members of a couple and
share principal home
1151. Members of couples
Entry contribution above extra allowable amount
Entry contribution equal to or below extra allowable amount
Subdivision D - Residents who are members of illness
separated couple

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1152. Members of illness separated couples (both in
retirement village or villages)
Both entry contributions above extra allowable amount
Both entry contributions equal to or below extra allowable
amount
Person's entry contribution above extra allowable
amount/partner's entry contribution equal to or below extra
allowable amount
1153. Members of illness separated couples (partner not in
retirement village and partner homeowner)
Entry contribution above extra allowable amount
Entry contribution equal to or below extra allowable amount
1154. Member of illness separated couple (partner not in
retirement village and partner not homeowner)
Entry contribution above extra allowable amount
Entry contribution equal to or below extra allowable amount
Subdivision E - Residents who are members of ordinary couple
with different principal homes
1155. Members of ordinary couple with different principal
homes (both in retirement villages)
Both entry contributions above extra allowable amount
Both entry contributions equal to or below extra allowable
amount
1156. Members of ordinary couple with different principal
homes (partner not in a retirement village and partner
homeowner)
1157. Members of ordinary couple with different
principal homes (partner not in a retirement village and partner
not homeowner)
Entry contribution above extra allowable amount
Entry contribution equal to or below extra allowable amount
PART 3.13 - IMPRISONMENT
Division 1 - Social security pensions (excluding sheltered
employment allowance and rehabilitation allowance)
1158. Some social security pensions not payable during
period in gaol or in psychiatric confinement following criminal
conviction
1159. Payment may be redirected to dependent partner or child
Division 2 - Social security benefits
1160. Social security benefit not payable while person in
gaol or in psychiatric confinement following criminal conviction
1161. Double benefit payment on release from gaol
Division 3 - Sheltered employment allowance
1162. Transfer from sheltered employment allowance to
pension during or soon after release from prison
PART 3.14 - COMPENSATION RECOVERY
Division 1 - General
1163. General effect of Part
Division 2 - Enforcement of compensation rights
1164. Secretary may require person to take action to obtain
compensation
Division 3 - Receipt of compensation
1165. Pension, benefit or allowance not payable during lump
sum preclusion period
Person not member of a couple
Person member of a couple
Lump sum preclusion period
1166. Person may have to repay amount where both lump sum
and pension, benefit or allowance payments have been received
1167. Lump sum compensation not counted as ordinary income
1168. Rate reduction of certain pensions, benefits and
allowances where periodic compensation payments received
1169. Rate reduction under both income/assets test and this Part
1170. Person may have to repay amount where both periodic
compensation payments and pension, benefit or allowance payments
have been received

1171. Periodic compensation payments not counted as ordinary income
Division 4 - Compensation payers
1172. Secretary may send preliminary notice to potential
compensation payer
1173. Potential compensation payer must notify Department
of liability
1174. Secretary may send recovery notice to compensation payer
1175. Compensation payer's payment to Commonwealth
discharges liability to compensation recipient
1176. Offence to make compensation payment after receiving
preliminary notice or recovery notice
Liability to pay Commonwealth
Division 5 - Insurers
1177. Secretary may send preliminary notice to insurer

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1178. Insurer must notify Department of liability
1179. Secretary may send recovery notice to insurer
1180. Preliminary notice or recovery notice to insurer
suspends compensation payer's liability
1181. Insurer's payment to Commonwealth discharges liability
1182. Offence to make compensation payment after receiving
preliminary notice or recovery notice
Liability to pay Commonwealth
Division 6 - Miscellaneous
1183. Secretary may give recovery notice either to
compensation payer or to insurer but not to both
1184. Secretary may disregard some payments
1185. Part to bind Crown
PART 3.15 - NEW ENTERPRISE INCENTIVE SCHEME
1186. General effect of Part
1187. Reduction in rate of payments under this Act if
recipient or partner also receiving payments under New
Enterprise Incentive Scheme (NEIS)
1188. Rate reduction under this Part
PART 3.16 - INDEXATION
Division 1 - Preliminary
1189. Analysis of Part
1190. Indexed and adjusted amounts
Division 2 - CPI indexation
1191. CPI Indexation Table
Highest quarter
1192. Indexation of amounts
1193. Indexation factor
1194. Rounding off indexed amounts
Division 3 - AWE indexation
1195. AWE Indexation Table
1196. Indexation of amounts
1197. Indexation factor
1198. Rounding off indexed amounts
Division 4 - Adjustment of other rates
1199. Adjustment of FAS child MBRs
1200. Adjustment of pension child add-ons
1201. Adjustment of benefit child add-ons
1202. Adjustment of FAS MRA
1203. Adjustment of pension "single" non-homeowner AVL
1204. Adjustment of benefit AVLs
1205. Adjustment of special illness separated retirement
village resident AVL
1206. Adjustment of fringe benefits AVLs
PART 3.17 - MISCELLANEOUS
1207. Application of income and assets test reductions and
of compensation reductions for income tax purposes
CHAPTER 4 - INTERNATIONAL AGREEMENTS
AND PORTABILITY
PART 4.1 - INTERNATIONAL AGREEMENTS
1208. Scheduled international social security agreements
override this Act
1209. Portability of international agreement pension or
allowance
1210. Rate of pension or allowance payable under scheduled
international social security agreement where rate to be
determined under the social security laws of Australia
INTERNATIONAL AGREEMENT PORTABILITY RATE CALCULATOR
Module A - Overall rate calculation process (1210-A1)
Module B - Australian working life residence (1210-B1 to 1210-B9)
Module C - Residence factor (1210-C1 to 1210-C2)
PART 4.2 - OVERSEAS PORTABILITY
Division 1 - General portability of pensions
1211. Benefits and family payments not portable

1212. Grant of pension or allowance when person outside Australia
General
"Transfer" to portable pension or allowance
1213. Some pensions generally portable without time limit
1214. Sole parent pension generally portable for 12 months only
1215. Wife and widow B pension not portable after 12 months
unless person is in a specified foreign country
1216. Wife and widow B pension may be portable after 12
months where person is in a specified foreign country
1217. Effect of disqualified person returning to Australia
Division 2 - Departure certificates and short residence
1218. Qualification for pension ceases after 6 months
unless person has a departure certificate
1219. Departure certificates
Recipients
Claimants

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1220. No portability where claim based on short residence
Division 3 - Rate of portable pensions
1221. Rate of pensions paid outside Australia
PENSION PORTABILITY RATE CALCULATOR
Module A - Overall rate calculation process (1221-A1)
Module B - Australian working life residence (1221-B1 to
1221-B9)
Module C - Residence factor (1221-C1 to 1221-C2)
CHAPTER 5 - OVERPAYMENTS AND DEBT RECOVERY
PART 5.1 - EFFECT OF CHAPTER
1222. General effect of Chapter
PART 5.2 - AMOUNTS RECOVERABLE UNDER THIS ACT
1223. Overpayments arising under this Act
1224. Debts arising from recipients' contravention of Act
1225. Compensation debts
1226. Compensation payer and insurer debts
1227. Assurance of support debts
1228. Overpayments arising under other Acts and Schemes
1229. Penalty for late payment of certain debts
1230. Debt from failure to comply with garnishee notice
PART 5.3 - METHODS OF RECOVERY
1231. Deductions
1232. Legal proceedings
1233. Garnishee notice
1234. Secretary may allow payment of debt by instalments
PART 5.4 - NON-RECOVERY OF OVERPAYMENTS AND DEBTS
1235. Meaning of "debt"
1236. Secretary may write off overpayment or debt
1237. Secretary may waive overpayment or debt
CHAPTER 6 - REVIEW OF DECISIONS
PART 6.1 - INTERNAL REVIEW
1238. Application of Part
1239. Secretary may review decisions
1240. Application for review
1241. Secretary may continue payment pending outcome of
application for review
1242. Automatic continuation of payment if review of
section 282 cancellation decision sought
1243. Secretary's powers where application for review
1244. Notification of further rights of review

PART 6.2 - REVIEW BY THE SOCIAL SECURITY APPEALS TRIBUNAL
1245. Application of Part
1246. SSAT objectives
1247. Application for review by SSAT
1248. Application requirement - rate of return decision
1249. Person affected may apply for SSAT review and
Secretary's review
1250. Non-reviewable decisions
1251. Secretary may continue payment pending outcome of
application for review
1252. Automatic continuation of payment if review of
section 282 cancellation decision sought
1253. SSAT review powers - decisions other than a rate of
return decision
1254. SSAT review powers - rate of return decisions
1255. Date of effect of SSAT decision (other than a rate of
return decision)
1256. Date of effect of SSAT decision -
rate of return decisions
1257. Application requirements
1258. Notification requirements - rate of return decision
application
1259. Variation of decision before review completed
1260. Parties to SSAT review

PART 6.3 - PROCEDURES FOR REVIEW BY THE SOCIAL SECURITY APPEALS TRIBUNAL
Division 1 - Preliminary procedures
1261. Procedure on receipt of application for review by SSAT
1262. Parties to be given a statement about the decision
under review
1263. Arrangements for hearing of application
1264. Notice of application to person affected by decision
(other than a rate of return decision)
Division 2 - How the SSAT informs itself about the decision
under review
1265. Submissions to SSAT
1266. SSAT hearings without oral submissions by applicant
1267. Evidence on oath
1268. Request for further information from Secretary
1269. Request for Secretary to exercise powers under section 1304
Division 3 - The hearing

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1270. Hearing procedure
1271. Hearing to be private
1272. Restrictions on disclosure of information obtained at
hearing
Division 4 - Other procedural matters
1273. Adjournment of SSAT hearings
1274. Withdrawal of application for review
1275. Power to dismiss application
1276. Chairperson for each SSAT hearing
1277. Majority decision
1278. Procedure where opinion of members equally divided
1279. Directions as to procedure for hearings
1280. Costs of review
Division 5 - Notification of decisions
1281. Procedure following SSAT decision
PART 6.4 - REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL
Division 1 - Right to review by Administrative Appeals Tribunal
1282. Application of Part
1283. Review of SSAT decision by AAT
1284. Variation of decision before AAT review completed
1285. Review of SSAT decision on application by the Secretary
Division 2 - Modification of the Administrative Appeals Tribunal
Act 1975
Subdivision A - Modification of AAT Act (SSAT rate of return
decisions)

1286. Operation of Administrative Appeals Tribunal Act -
SSAT rate of return decisions
Subdivision B - General
1287. Modification of the Administrative Appeals Tribunal Act
1288. Statement of reasons for decision
1289. Notice of application for review
1290. Parties to a review by the AAT

1291. Lodging documents with the AAT
1292. Power of the AAT to obtain additional statements
1293. Operation and implementation of the decision under review
1294. Power of the AAT where a party fails to appear
CHAPTER 7 - ADMINISTRATION
PART 7.1 - GENERAL ADMINISTRATION
Division 1 - Principles of administration
1295. Secretary to have general administration of Act
1296. Principles of administration
1297. Government policy statements
1298. The Secretary and National Convener may agree on
administrative arrangements
1299. Delegation
Division 2 - Miscellaneous
1300. Telephone service for clients
1301. Authorised review officers
1302. Decisions to be in writing
1303. Annual report
PART 7.2 - INFORMATION MANAGEMENT
Division 1 - Information gathering
1304. General power to obtain information
1305. Power to obtain information from a person who owes a
debt to the Commonwealth
1306. Power to obtain information about a person who owes a
debt to the Commonwealth
1307. Power to obtain information to verify claims etc.
1308. Power to obtain information about tax file number
1309. Self incrimination
1310. State/Territory law does not affect obligations to
provide information under this Act
1311. End-of-employment statement by employer
Division 2 - Confidentiality
1312. Protection of personal information
1313. Protection extends to court, tribunal etc. proceedings
1314. Secretary's certificate
1315. Guidelines for exercise of Secretary's certificate power
1316. Offence - soliciting disclosure of protected information
1317. Offences where protected information disclosed
1318. Offences - offering to supply protected information
1319. Penalty for offences under this Division
1320. Protection for officers
1321. Officer's oath or declaration
PART 7.3 - SOCIAL SECURITY APPEALS TRIBUNAL
Division 1 - Establishment and membership of the Social Security
Appeals Tribunal
1322. Establishment of the SSAT
1323. The National Convener
1324. Appointment of members

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1325. Period of appointment of members
1326. Acting appointments
Division 2 - Organisation of the business of the Social Security
Appeals Tribunal
1327. Constitution of SSAT for each hearing
1328. Number of members to constitute SSAT for each hearing
1329. Member unavailable to complete review
Division 3 - Administrative matters
1330. Remuneration and allowances of members
1331. Leave of absence
1332. Approval to engage in outside employment
1333. Resignation
1334. Removal from office
1335. Disclosure of interests
1336. Disclosure of confidential information
1337. Delegation by the National Convener
1338. Protection of members and witnesses
1339. Fees for witnesses
1340. Oath or affirmation of office
1341. Staff of the SSAT
1342. Annual report
CHAPTER 8 - MISCELLANEOUS
PART 8.1 - OFFENCES
Division 1 - Offences
1343. Operation of Part
1344. False statement in connection with claims and
hardship requests
1345. False statement - to deceive or affect rates
1346. False statement or document
1347. Payment knowingly obtained where not payable

1348. Payment knowingly obtained through fraud etc.
1349. Proceedings against corporations
Division 2 - Penalties and orders for interest
1350. Penalties
1351. Conviction of an offence - repayment of pension,
benefit or allowance
1352. Order for interest by the court
1353. Penalty where person convicted of more than one offence
Division 3 - Procedural matters
1354. Joining of charges
1355. Particulars of each offence
1356. Joined charges may be tried together
1357. Secretary's certificate
1358. Court certificate
PART 8.2 - MISCELLANEOUS
1359. Payment to Commissioner of Taxation - section 218
Income Tax Assessment Act
1360. Judicial notice to be taken of certain matters
1361. Evidence
1362. External Territories
1363. Appropriation
1364. Regulations SCHEDULES

SOCIAL SECURITY ACT 1991 No. 46, 1991 - LONG TITLE

An Act to provide for the payment of certain pensions, benefits
and allowances, and for related purposes

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 1
CHAPTER 1 - INTRODUCTORY

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 1.1
PART 1.1 - FORMAL MATTERS

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1
Short title

(Assented to 23 April 1991)
1. This Act may be cited as the Social Security Act 1991.

(Minister's second reading speech made in-
House of Representatives on 6 December 1990
Senate on 21 February 1991)

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 2
Commencement

2. This Act commences on 1 July 1991.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 1.2
PART 1.2 - DEFINITIONS

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 3
Index of definitions

3. Each expression listed in the Index below is defined, for the purposes of this Act, in the section or sections listed in the Index opposite that expression.
INDEX
1947 Act 23 (1)
AAT 22
AAT Act 22

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ABSTUDY 23 (1)
ABSTUDY Schooling scheme 23 (1)
ABSTUDY Tertiary scheme 23 (1)
accruing return investment 9 (1)
activity therapy centre 18
actual market exchange rate 23 (1)
actual value 12 (5)
additional amounts for dependent children 23 (1)
adopted child 5 (1)
adult training centre 18
allowance payday 19
amount of disposition - assets 1124
amount of disposition - income 1107
amount of rent paid or payable 13 (6), (7)
annual rate of return 9 (3)
approved activity therapy 18
approved care organisation 6 (1)
approved deposit fund 9 (1)
approved friendly society 23 (1)
approved organisation 15 (1)
approved respite care 4 (9)
approved short-term vocational course 15 (1)
approved training 18
approved vocational course 15 (1)
armed services widow 4 (1)
assessable growth component 9 (1)
assessable period 9 (1)
asset 11 (1)
assurance of support debt 23 (1)
Australia 23 (1)
Australian resident 7 (2)
AUSTUDY allowance 23 (1)
authorised review officer 23 (1)
average male full-time weekly earnings 15 (1)
average weekly earnings 17 (1)
benefit increase child 5 (16)
benefit increase partner 4 (10)
benevolent home 23 (1)
bereavement lump sum period 21 (e)
bereavement notification day 21 (b)
bereavement period 21 (a)
bereavement rate continuation period 21 (d)
board 13 (1)
building society account 23 (1)
capitalised maintenance income 10 (1)
care 198 (3)
cash maintenance 10 (1)
CDA child 953
CES 23 (1)
child support 10 (1)
compensation 17 (2)
compensation debt 23 (1)
compensation part 17 (3)
compensation payer 17 (1)
compulsorily preserved 9 (7)
computer 23 (1)
CPC rate 20 (2)
credit union account 23 (1)
current figure 20 (1)
decision 23 (1)
deductible amount 9 (1)
deferred annuity 9 (1)
dependent child 5 (2)--(9)
dependent child add-on 23 (1)

dependent female 362 (1) (c) (ii)
determination of entitlement 9 (1)
disposes of asset 1123
disposes of income 1106
domestic payment 8 (3)
double orphan 993, 994
earned, derived or received 8 (2)
education leavers waiting period 23 (1)
educational scheme rat 5 (14)
eligible investment 9 (1)
employment declaration 23 (1)
entry contribution 1147
excluded amount 8 (4), (5), (8)
exempt assets 11 (1)
exempt income 23 (1)
exempt FA child 5 (1)

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external Territory 23 (1)

extra allowable amount 1148
FA amount 20 (3)
FA assumed notifiable event 6 (1)
FA child 6 (1)
FA notifiable event 6 (1)
family payment payday 6 (1)
FAS assumed notifiable event 6 (1)
FAS child 6 (1)
FAS notifiable event 6 (1)
FAS period 6 (1)
first available bereavement adjustment payday 21 (c)
foreign exchange period 23 (1)
friendly society 9 (1)
fund manager 9 (1)
gainful employment 19
guardian allowance 23 (1)
Government rent 13 (1)
granny flat interest 11 (9)
handicapped person 19
homeless person 5 (1)
home equity conversion agreement 8 (1)
homeowner 11 (4)
illness separated couple 4 (7)
immediate annuity 9 (1)
incentive allowance 23 (1)
income 8 (1)
income amount 8 (1)
income from personal exertion 8 (1)
Income Tax Assessment Act 23 (1)
independent living training 18
independent young person 5 (1)
index number 20 (1)
industrial action 16 (1), (2)
ineligible homeowner 13 (1)
in gaol 23 (5)
insurer who is liable to indemnify a compensation payer 17 (6)
investment 9 (6)
investment product 9 (1), (2)
joint ownership 23 (1)
JSA automatic deferment provision 23 (1)
JSA discretionary deferment provision 23 (1)
lump sum preclusion period 1165 (3)--(6)
maintained child 5 (1)
maintenance 10 (1)
maintenance agreement 10 (1)
maintenance income 10 (1)
major disaster 23 (1)
market-linked investment 9 (1)
medical practitioner 23 (1)
member of a couple 4 (2), (3), (6)
member of an ordinary couple with different principal homes 12 (2)
mental hospital 23 (1)
mental hospital patient 23 (1)
NEIS payment 23 (1)
non-assessable purchase pric 9 (1)
non-cash housing maintenance 10 (1)
non-profit organisation 23 (1)
November earnings average 20 (1)
nursing home 23 (1)
officer 23 (1)
ordinary income 8 (1)
ordinary waiting period 23 (1)
parent 5 (1)
participation in pension loans scheme 23 (11)
partner 4 (1)
partnered 4 (11) (a)
partnered (partner getting benefit) 4 (11) (e)
partnered (partner getting neither pension nor benefit 4 (11) (b)
partnered (partner getting pension) 4 (11) (d)
partnered (partner getting pension or benefit) 4 (11) (c)
payday-based payment 42
payment for a period 17 (7)
pension age 23 (1)
pension increase child 5 (15)
pension payday 23 (1)
pension period 23 (1)
pension year 11 (10)
period-based payment 42
periodic payments period 17 (1)

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physically present in a remote area 14 (2)
PLS assets 11 (1)
potential compensation payer 17 (1)
presently payable 9 (5)
prescribed educational scheme 5 (1)
prescribed student child 5 (11)
principal home 11 (5)--(7)
private land 11 (6)
product rate of return 1086
protected information 23 (1)
psychiatric confinement 23 (8), (9)
public unit trust 9 (1)
purchase price 9 (1)
qualified beneficiary 15 (2)
qualifying Australian residence 7 (5)
rate of return decision 9 (1)
reasonable security of tenure 11 (8)
receives compensation 17 (5)
receiving 23 (2)--(4)
receiving a social security pension 23 (2)
receiving full-time education at a school, college or university
5 (10)
recipient notification notice 23 (1)
recipient statement notice 23 (1)
refusing to make a determination 9 (4)
rehabilitation program 23 (1)
relevant number 9 (1)
remote area 14 (1)
rent 13 (2), (3), (4)
resident of a retirement village 1145
residing in a nursing home 13 (8)
residual capital value 9 (1)
respite care couple 4 (8)
retirement village 12 (3), (4)
return 9 (1)
rolled-over amount 9 (1)
roll-over immediate annuity 9 (1)
roll-over purchase price 9 (1)
SPP child 250, 251
SSAT 22
SSAT rate of return decision 22
scheduled international agreement 1208
Secretary 23 (1)
served the waiting period 23 (10)
service pension 23 (1)
severely handicapped pensioner 198 (3)
sheltered employment 19
social security benefit 23 (1)
social security pension 23 (1)
social security rate 5 (14)
special maintenance income 10 (1)
specified foreign country 23 (1)
statutory rate of return 9 (1)
student child 5 (1)
superannuation benefit 9 (1)
superannuation fund 9 (1)
superannuation pension 9 (1)
tax file number 23 (1)
tax year 23 (1)
taxable income 23 (1)
trade union 16 (1), (3)
transfer day 23 (6), (7)
transferee to social security benefit 23 (6), (7)
UB automatic deferment provision 23 (1)
UB discretionary deferment provision 23 (1)
unemployment 16 (1)
unrealisable asset 11 (12), (13)
unused annual leave 23 (1)
unused annual leave waiting period 23 (1)
value 11 (2), (3)
VEA 23 (1)
vocational training 19
waiting period 23 (1)
widow 23 (1)
young person 5 (1)

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 4
Family relationships definitions - couples

4. (1) In this Act, unless the contrary intention appears:
"approved respite care" has the meaning given by subsection (9);
"armed services widow" means a woman who was the partner of:

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(a) a person who was a veteran for the purposes of any provisions of the Veterans' Entitlements Act; or
(b) a person who was a member of the forces for the purposes of Part IV of that Act; or
(c) a person who was a member of a peacekeeping force for the purposes of Part IV of that Act;
immediately before the death of the person;
"benefit increase partner" has the meaning given by subsection (10);
"illness separated couple" has the meaning given by subsection (7);
"member of a couple" has the meaning given by subsections (2), (3) and (6);
"partner", in relation to a person who is a member of a couple, means the other member of the couple;
"partnered" has the meaning given by subsection (11);
"partnered (partner getting benefit)" has the meaning given by subsection (11);
"partnered (partner getting neither pension nor benefit)" has the meaning given by subsection (11);
"partnered (partner getting pension)" has the meaning given by subsection (11);
"partnered (partner getting pension or benefit)" has the meaning given by subsection (11);
"respite care couple" has the meaning given by subsection (8).

Member of a couple - general
(2) Subject to subsection (3), a person is a member of a couple for the purposes of this Act if:
(a) the person is legally married to another person and is not living separately and apart from the other person on a permanent basis; or
(b) all of the following conditions are met:
(i) the person is living with a person of the opposite sex (in this paragraph called the "partner");
(ii) the person is not legally married to the partner;
(iii) the relationship between the person and the partner is, in the Secretary's opinion (formed as mentioned in subsection (3)), a marriage-like relationship;
(iv) both the person and the partner are over the age of consent applicable in the State or Territory in which they live;
(v) the person and the partner are not within a prohibited relationship for the purposes of section 23B of the Marriage Act 1961.
Note: a prohibited relationship for the purposes of section 23B of the Marriage Act 1961 is a relationship between a person and:
. an ancestor of the person; or
. a descendant of the person; or
. a brother or sister of the person (whether of the whole blood or the part-blood).

Member of a couple - criteria for marriage-like relationship
(3) In forming an opinion about the relationship between 2 people for the purposes of paragraph (2) (a) or subparagraph (2) (b) (iii), the Secretary is to have regard to all the circumstances of the relationship including, in particular, the following matters:
(a) the financial aspects of the relationship, including:
(i) any joint ownership of real estate or other major assets and any joint liabilities; and
(ii) any significant pooling of financial resources especially in relation to major financial commitments; and
(iii) any legal obligations owed by one person in respect of the other person; and
(iv) the basis of any sharing of day-to-day household expenses;
(b) the nature of the household, including:
(i) any joint responsibility for providing care or support of children; and
(ii) the living arrangements of the people; and
(iii) the basis on which responsibility for housework is distributed;
(c) the social aspects of the relationship, including:
(i) whether the people hold themselves out as married to each other; and
(ii) the assessment of friends and regular associates of the people about the nature of their relationship; and
(iii) the basis on which the people make plans for, or engage in, joint social activities;
(d) any sexual relationship between the people;
(e) the nature of the people's commitment to each other, including:
(i) the length of the relationship; and
(ii) the nature of any companionship and emotional support that the people provide to each other; and
(iii) whether the people consider that the relationship is likely to continue indefinitely; and
(iv) whether the people see their relationship as a marriage-like relationship.
(4) If:
(a) a person claims, or is receiving, sole parent pension; and
(b) a particular residence has been, for a period of at least 8 weeks, the

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principal home of both the claimant or recipient and a person of the opposite sex; and
(c) the claimant or recipient is not legally married to the other person; and
(d) at least one of the following paragraphs is satisfied:
(i) a child of both the people also lives in the residence;
(ii) the people have joint ownership of the residence;
(iii) the people are joint lessees of the residence and the original duration of the lease was at least 10 years;
(iv) the people have joint assets with a total value of more than $4,000;
(v) the people have joint liabilities totalling more than $1,000;
(vi) the people have at any time been legally married to each other;
(vii) the people have at any time shared another residence with each other;
the Secretary must not form the opinion that the claimant or recipient is not living with the other person in a marriage-like relationship unless, having regard to all of the matters referred to in subsection (3), the weight of evidence supports the formation of an opinion that the claimant or recipient is not living in a marriage-like relationship with the other person.

(5) If:
(a) a person claims, or is receiving, sole parent pension; and
(b) a particular residence has been, for a period of at least 8 weeks, the principal home of both the claimant or recipient and a person of the opposite sex; and
(c) the claimant or recipient and the other person are legally married to one another; and
(d) the claimant or recipient and the other person:
(i) are living separately and apart on a permanent basis; or
(ii) claim to be living separately and apart on a permanent basis;
the Secretary must not form the opinion that the claimant or recipient is living separately and apart from the other person on a permanent basis unless, having regard to all of the matters referred to in subsection (3), the weight of evidence supports the formation of an opinion that the claimant or recipient is living separately and apart from the other person on a permanent basis.

Member of a couple - special excluding determination
(6) A person is not a member of a couple if a determination under section 24 is in force in relation to the person.
Note: section 24 allows the Secretary to treat a person who is a member of a couple as not being a member of a couple in special circumstances.

Illness separated couple
(7) Where 2 people are members of a couple, they are members of an illness separated couple if:
(a) they are unable to live together in a matrimonial home as a result of the illness or infirmity of either or both of them; and
(b) because of that inability to live together, their living expenses are, or are likely to be, greater than they would otherwise be; and
(c) that inability is likely to continue indefinitely.

Respite care couple
(8) Where 2 people are members of a couple, they are members of a respite care couple if:
(a) one of the members of the couple has entered approved respite care; and
(b) the member who has entered the approved respite care has remained, or is likely to remain, in that care for at least14 consecutive days.

Approved respite care
(9) For the purposes of this Act, a person is in approved respite care if:
(a) the person is a benefit respite care patient as defined in the National Health Act 1953 (as modified by the National Health (Nursing Home Respite Care) regulations); or
(b) the person is a leave respite care patient as defined in the National Health Act 1953 (as modified by the National Health (Nursing Home Respite Care) regulations); or
(c) the person is an eligible person as defined in the Aged or Disabled Persons Home Act 1954 and is occupying a respite care place as defined in that Act.

Benefit increase partner
(10) A person's partner is a benefit increase partner if:
(a) the person's social security benefit rate is worked out using Benefit Rate Calculator A or Benefit Rate Calculator B; and
(b) the person's rate includes an amount under Module C of that Rate Calculator for the person's partner.

Standard family situation categories
(11) For the puposes of this Act:
(a) a person is partnered if the person is a member of a couple; and
(b) a person is partnered (partner getting neither pension nor benefit) if the person is a member of a couple and the person's partner:
(i) is not receiving a social security pension; and
(ii) is not receiving a social security benefit; and
(iii) is not receiving a service pension; and

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(c) a person is partnered (partner getting pension or benefit) if the person is a member of a couple and the person's partner is receiving:
(i) a social security pension; or
(ii) a social security benefit; or
(iii) a service pension; and
(d) a person is partnered (partner getting pension) if the person is a member of a couple and the person's partner is receiving:
(i) a social security pension; or
(ii) a service pension; and
(e) a person is partnered (partner getting benefit) if the person is a member of a couple and the person's partner is receiving a social security benefit.
Note: "social security pension" includes a sheltered employment or rehabilitation allowance (see subsection 23 (1)).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 5
Family relationships definitions - children

5. (1) In this Act, unless the contrary intention appears:
"adopted child" means a young person adopted under the law of any place, whether in Australia or not, relating to the adoption of children;
"dependent child" has the meaning given by subsections (2) to (9);
"exempt FA child" means:
(a) a dependent child under 18 in respect of whom a person is receiving:
(i) a family allowance supplement; or
(ii) a double orphan pension; or
(iii) a child disability allowance; or
(iv) a rate increase in the person's social security or service pension or benefit which has been calculated by reference to the child; or
(b) a dependent child who has turned 18 in respect of whom a person would, but for the child being 18, receive:
(i) a family allowance supplement; or
(ii) a double orphan pension; or
(iii) a child disability allowance; or
(iv) where the person is receiving a social security or service pension or social security benefit, a rate increase in the person's pension or benefit by reference to the child; or
(c) a dependent child who has turned 18 where a person or the person's partner:
(i) is not receiving family allowance supplement and lodges a claim for family allowance supplement; and
(ii) is not precluded by the taxable income test from receiving family allowance supplement;
in respect of the child.
"homeless person" means a person who:
(a) is not a member of a couple; and
(b) has no dependent children; and
(c) either:
(i) does not live, and for a continuous period of at least 2 weeks has not lived, at a home of the parents, or of a parent, of the person because the parents are not, or neither parent is, prepared to allow the person to live at such a home; or
(ii) does not live at a home of the parents, or of a parent, of the person because domestic violence, incestuous harassment or other exceptional circumstances make it unreasonable to expect the person to live at such a home; and
(d) is not receiving continuous support, whether directly or indirectly and whether pecuniary or otherwise, from a parent of the person or from another person who is acting as the person's guardian on a long-term basis; and
(e) is not receiving, on a continuous basis, any payment in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory;
"independent young person" means a person who:
(a) does not live, and for a continuous period of at least 6 months has not lived, at a home of the parents, or of a parent, of the person; and
(b) has, at a time when the person was not living at such a home, been employed on a full-time basis for a period of, or for periods that total, at least 13 weeks; and
(c) does not receive regular financial support from a parent of the person;
"maintained child", in relation to a person, means a young person who:
(a) is not a dependent child of the person; and
(b) is being wholly or substantially maintained by the person;
"parent" means:
(a) in relation to a young person, other than an adopted child - a natural parent of the young person; or
(b) in relation to an adopted child - an adoptive parent of the young person;
Note: for a modification of this definition in the parental income test applied to social security benefits see point 1067- G7 of Benefit Rate Calculator A.
"prescribed educational scheme" means:

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(a) the AUSTUDY Scheme; or
(b) the ABSTUDY Schooling Scheme; or
(c) the ABSTUDY Tertiary Scheme; or
(d) the Assistance for Isolated Children Scheme; or
(e) the Veterans' Children Education Scheme; or
(f) the Post-Graduate Awards Scheme;
"prescribed student child" has the meaning given by subsection (11);
"receiving full-time education at a school, college or university" has the meaning given by subsection (10);
"student child" means a person who:
(a) has turned 16 but who has not turned 25; and
(b) is receiving full-time education at a school, college or university;
Note: see also subsection (10) (receiving full-time education).
"young person" means:
(a) a person who has not turned 16; or
(b) a person who:
(i) has turned 16 but not turned 25; and
(ii) is receiving full-time education at a school, college or university.

Note: see also subsection (10) (receiving full-time education).
Dependent child - under 16
(2) Subject to subsections (3) and (6) to (8), a young person who has not turned 16 is a dependent child of another person (in this subsection called the "adult") if:
(a) the adult has the right (whether alone or jointly with another person):
(i) to have the daily care and control of the young person; and
(ii) to make decisions about the daily care and control of the young person;
and the young person is in the adult's care and control; or
(b) the young person:
(i) is not a dependent child of someone else under paragraph (a); and
(ii) is wholly or substantially in the adult's care and control.
(3) A young person who has not turned 16 cannot be a dependent child if:
(a) the young person is not in full-time education; and
(b) the young person is in receipt of income from employment; and
(c) the rate of that income exceeds $100 per week.
Note 1: for a modification of this rule for sole parent pension qualification see subsection 250 (2).
Note 2: this subsection is disregarded for the purposes of the following maintenance income test provisions:
. section 10 (see subsection 10 (2));
. Module F of Pension Rate Calculator A (see point 1064-F1A);
. Module F of Pension Rate Calculator C (see point 1066-F1A);
. Module J of Benefit Rate Calculator A (see point 1067-J2);
. Module H of Benefit Rate Calculator B (see point 1068-H1A);
. section 1116 (see subsection 1116 (7)).
Note 3: the amount in paragraph (c) is indexed annually in line with CPI increases (see sections 1191 to 1194).

Dependent child - 16 and over
(4) Subject to subsections (5) to (8), a young person who has turned 16 is a dependent child of another person (in this subsection called the "adult") if the young person is wholly or substantially dependent on the adult.
(5) A young person who has turned 16 cannot be a dependent child of another person if the other person is the young person's partner.

Dependent child - pension and benefit recipients
(6) A young person cannot be a dependent child for the purposes of this Act if:
(a) the young person is receiving a social security pension (other than a sheltered employment allowance); or
(b) the young person is receiving a social security benefit.
Note: "social security pension" includes a rehabilitation allowance and would normally include a sheltered employment allowance as well (see subsection 23 (1)).

Dependent child - residence requirements
(7) For the purposes of this Act (other than the provisions dealing with special benefit), a young person is not to be treated as a dependent child of another person (in this subsection called the "adult") unless:
(a) if the adult is an Australian resident:
(i) the young person is an Australian resident; or
(ii) the young person is living with the adult; or
(b) if the adult is not an Australian resident:
(i) the young person is an Australian resident; or
(ii) the young person has been an Australian resident and is living with the adult outside Australia; or
(iii) the young person had been living with the adult in Australia and is living with the adult outside Australia.
Note: for "Australian resident" see subsection 7 (2).
(8) For the purposes of determining the maximum rate of special benefit under subsection 746 (2), a young person is not to be treated as a dependent child of another person (in this subsection called the "adult") unless:

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(a) if the adult is an Australian resident:
(i) the young person is an Australian resident or a resident of Australia; or
(ii) the young person is living with the adult; or
(b) if the adult is not an Australian resident:
(i) the young person is an Australian resident or a resident of Australia; or
(ii) the young person has been an Australian resident and is living with the adult outside Australia; or
(iii) the young person had been living with the adult in Australia and is living with the adult outside Australia.
Note: "Australian resident" is defined by subsection 7 (2) but "resident of Australia" has its ordinary meaning and is not given any special definition by this Act. Subsection 7 (3) is relevant to the question of whether a person is "residing in Australia".
(9) For the purposes of Part 2.17, a young person who is an inmate of a mental hospital is a dependent child of another person if a determination under subsection 37 (1) in respect of the young person and the other person is in force.

Receiving full-time education - education leavers
(10) If:
(a) a person is under the age of 25 years; and
(b) the person ceases to receive full-time education at a school, college or university; and
(c) an unemployment benefit job search allowance or sickness benefit is not payable to the person because of an education leavers waiting period;
the person is to be taken to be receiving full-time education at a school, college or university during the period for the purposes of this Act (other than sections 541, 542, 612, 613, 684 and 685).
Note: for "education leavers waiting period" see subsection 23 (1).

Prescribed student child
(11) A person is a prescribed student child if:
(a) the person is a young person who has turned 16; and
(b) the young person is qualified to receive payments under a prescribed educational scheme.
(12) For the purposes of subsection (11), a young person is, subject to subsection (13), qualified to receive a payment under a prescribed educational scheme if:
(a) the young person is receiving a payment under a prescribed educational scheme; or
(b) someone else is receiving, in respect of the young person, a payment under a prescribed educational scheme; or
(c) the Secretary has not formed the opinion that:
(i) the young person will not, or would not if an application were duly made, receive a payment under a prescribed educational scheme; and
(ii) no other person will, or would if an application were duly made, receive, in respect of the young person, a payment under a prescribed educational scheme.
(13) For the purposes of subsection (11), a young person is not qualified to receive a payment under a prescribed educational scheme if:
(a) the young person is not receiving a payment under a prescribed educational scheme; and
(b) no other person is receiving, in respect of the young person, a payment under a prescribed educational scheme; and
(c) the Secretary is satisfied that the educational scheme rate would be less than the social security rate.
(14) For the purposes of subsection (13):
(a) the educational scheme rate is the total of the amounts that would be payable to or in respect of the young person under the prescribed educational scheme; and
(b) the social security rate is the total of the amounts that would, if the young person were not a prescribed student child, be payable in respect of the young person by way of:
(i) dependent child add-on;
(ii) guardian allowance;
(iii) family allowance;
(iv) family allowance supplement.
(15) A child is a pension increase child of a person if:
(a) the person's pension rate includes a dependent child add-on for the child; or
(b) the person's partner's social security or service pension rate includes a dependent child add-on for the child.
(16) A child is a benefit increase child of a person if:
(a) a person's benefit rate includes a dependent child add-on for the child; or
(b) the person's partner's social security benefit rate includes a dependent child add-on for the child.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 6
Family payments definitions

6. (1) In this Act, unless the contrary intention appears:

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"approved care organisation" means an organisation approved by the Secretary under subsection 35 (1);
"double orphan" means a young person who is a double orphan in accordance with section 993 or 994;
"FA assumed notifiable event" means an event specified in a determination in force under section 857;
"FA child", in relation to a person, means a dependent child of the person who is a family allowance child of the person in accordance with sections 831 to 837;
"FA notifiable event", in relation to a person, means an event that is specified as a notifiable event, under section 858, in a notice that is given to the person under section 873;
"family payment payday" means:
(a) the Thursday that falls on 11 July 1991; and
(b) each succeeding alternate Thursday;
"FAS assumed notifiable event" means an event specified in a determination in force under section 916;
"FAS child", in relation to a person, means a dependent child of the person who is a family allowance supplement child of the person in accordance with sections 891 to 894;
"FAS notifiable event", in relation to a person, means an event that is specified as a notifiable event, under section 917, in a notice that is given to the person under section 930;
"FAS period", in relation to family allowance supplement, means the period that:
(a) starts on the day on which the claim for the allowance is lodged; and
(b) ends on the next 31 December.
(2) For the purposes of this Act, a person is to be taken to receive family allowance for a dependent child of the person if, in calculating the rate at which family allowance is paid to the person, an FA child rate in respect of the child is included in the person's maximum basic rate under point 1069-B1 of the Family Allowance Rate Calculator at the end of section 1069 in Part 3.7.
(3) For the purposes of this Act, a person is to be taken to receive family allowance supplement for a dependent child of the person if, in calculating the rate of family allowance supplement payable to the person, a FAS child rate in respect of the child is included in the person's maximum basic rate under point 1070-B1 of the Family Allowance Supplement Rate Calculator at the end of section 1070 in Part 3.8.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 7
Australian residence definitions

7. (1) In this Act, unless the contrary intention appears:
"Australian resident" has the meaning given by subsection (2);
"qualifying Australian residence" has the meaning given by subsection (5).
(2) An Australian resident is a person who:
(a) resides in Australia; and
(b) is one of the following:
(i) an Australian citizen;
(ii) a person who is, within the meaning of the Migration Act
1958, the holder of a valid permanent entry permit;
(iii) a person who has been granted, or who is included in, a
return endorsement, or a resident return visa, in force under that Act;
(iv) a person who:
(A) is, for the purposes of that Act, an exempt non-citizen;
and
(B) is likely to remain permanently in Australia.
Note: "exempt non-citizen" is defined in section 5 of the Migration Act 1958: it covers non-citizens who are diplomats, members of armed forces, ships' crew members and others and, under section 7 of the Act, exempt non-citizens do not need an entry permit or entry visa to enter Australia.
(3) In deciding for the purposes of this Act whether or not a person is residing in Australia, regard must be had to:
(a) the nature of the accommodation used by the person in Australia; and
(b) the nature and extent of the family relationships the person has in Australia; and
(c) the nature and extent of the person's employment, business or financial ties with Australia; and
(d) the nature and extent of the person's property located in Australia; and
(e) the frequency and duration of the person's travel outside Australia; and
(f) any other matter relevant to determining whether the person intends to remain permanently in Australia.
(4) For the purposes of:
(a) Part 2.2 (age pension); and
(b) Part 2.3 (invalid pension); and
(c) Part 2.4 (wife pension); and
(d) Part 2.5 (carer pension); and
(e) Part 2.6 (sole parent pension); and
(f) Part 2.7 (widowed person allowance); and

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(g) Part 2.8 (widow B pension);
continuity of residence of a claimant in Australia is not to be taken to have been interrupted by absence of the claimant in an external Territory.
(5) A person has 10 years qualifying Australian residence if and only if:
(a) the person has, at any time, been an Australian resident for a continuous period of not less than 10 years; or
(b) the person has been an Australian resident during more than one period and:
(i) at least one of those periods is 5 years or more; and
(ii) the aggregate of those periods exceeds 10 years.
(6) In determining whether a person has 10 years qualifying residence for the purposes of:
(a) Division 1 of Part 2.2 (age pension); and
(b) Division 1 of Part 2.3 (invalid pension);
residence in an external Territory (other than Norfolk Island) is to be taken to be residence in Australia.
(7) In section 1220, a reference to a person who was formerly an Australian resident and who again becomes an Australian resident includes a reference to a person who:
(a) formerly resided in an area that was, at the time of the residence, an external Territory; and
(b) has never resided in Australia; and
(c) has arrived in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 8
Income test definitions

8. (1) In this Act, unless the contrary intention appears:
"dispose of income" has the meaning given by section 1106;
"domestic payment" has the meaning given by subsection (3);
"earned, derived or received" has the meaning given by subsection (2);
"home equity conversion agreement", in relation to a person, means an agreement under which the repayment of an amount paid to or on behalf of the person, or the person's partner, is secured by a mortgage of the principal home of the person or the person's partner;
Note: see also subsection (7).
"income", in relation to a person, means:
(a) an income amount earned, derived or received by the person for the person's own use or benefit; or
(b) a periodical payment by way of gift or allowance; or
(c) a periodical benefit by way of gift or allowance;
but does not include an amount that is excluded under subsection (4), (5) or (8);
Note 1: see also sections 1073--1099 (investment income).
Note 2: sections 1075 to 1077 provide that a person who has an accruing return investment or market-linked investment is to be taken to receive a particular rate of return on the investment as income.
Note 3: section 1078 provides that any return actually received by a person from an investment to which section 1075 to 1077 applies is to be treated as if it were not income of the person.
Note 4: where a person or a person's partner has disposed of income, the person's income may be taken to include the amount which has been disposed of - see sections 1106-1112.
"income amount" means:
(a) valuable consideration; or
(b) personal earnings; or
(c) moneys; or
(d) profits;
(whether of a capital nature or not);
"income from personal exertion" means an income amount that is earned, derived or received by a person by way of payment for personal exertion by the person but does not include an income amount received as compensation for the person's inability to earn, derive or receive income through personal exertion;
"ordinary income" means income that is not maintenance income.
Note 1: for "maintenance income" see subsection 10 (1).
Note 2: amounts received as a series of periodic compensation payments may result in reduction of the person's rate of social security pension or benefit under Part 3.14: if this happens the amounts are not counted as ordinary income (see section 1171).
Earned, derived or received
(2) A reference in this Act to an income amount earned, derived or received is a reference to:
(a) an income amount earned, derived or received by any means; and
(b) an income amount earned, derived or received from any source (whether within or outside Australia).

Domestic payments
(3) A payment received by a person is a domestic payment for the purposes of this Act if:
(a) the person receives the payment on the disposal of an asset of the person; and
(b) the asset was used, immediately before the disposal, by the person or

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the person's partner for private or domestic purposes; and
(c) the asset was used by the person or the person's partner for those purposes for:
(i) a period of 12 months before the disposal; or
(ii) if the Secretary considers it appropriate - a period of less than 12 months before the disposal.

Excluded amounts - home equity conversion (not member of a couple)
(4) If a person is not a member of a couple, an amount paid to or on behalf of the person under a home equity conversion agreement is an excluded amount for the person to the extent that the total amount owed by the person from time to time under home equity conversion agreements does not exceed $40,000.

Excluded amounts - home equity conversion (member of a couple)
(5) If a person is a member of a couple, an amount paid to or on behalf of the person or the person's partner under a home equity conversion agreement is an excluded amount for the person to the extent that the total amount owed by the person and the person's partner under home equity conversion agreements from time to time does not exceed $40,000.

Home equity conversion (amount owed)
(6) For the purposes of this Act, the amount owed by a person under a home equity conversion agreement is the principal amount secured by the mortgage concerned and does not include:
(a) any amount representing mortgage fees; or
(b) any amount representing interest; or
(c) any similar liability whose repayment is also secured by the mortgage.

Home equity conversion (principal home)
(7) For the purposes of the definition of "home equity conversion agreement" in subsection (1), an asset cannot be a person's principal home unless the person or the person's partner has a beneficial interest (but not necessarily the sole beneficial interest) in the asset.

Excluded amounts - general
(8) The following amounts are not income for the purposes of this Act:
(a) a payment under this Act;
(b) if the person has not reached pensionable age - any return on a compulsorily preserved superannuation benefit of the person;
(c) the value of emergency relief or like assistance;
(d) the value of any assistance that:
(i) is provided by an eligible organisation within the meaning of the Homeless Persons Assistance Act 1974; and
(ii) is assistance that consists of providing:
(A) accommodation or meals; or
(B) a ticket, voucher or token that may be exchanged for accommodation or meals;
(e) a payment under the Handicapped Persons Assistance Act 1974;
(f) a payment under Part III of the Disability Services Act 1986 or the value of any rehabilitation program (including any follow-up program) provided under that Part;
(g) a payment of domiciliary nursing care benefit under Part VB of the National Health Act 1953;
(h) a payment under a law of the Commonwealth, being a law having an object of assisting persons to purchase or build their own homes;

(j) a payment made to the person for or in respect of a dependent child of the person;
(k) insurance or compensation payments made by reason of the loss of, or damage to, buildings, plant or personal effects;
(m) money from an investment that is:
(i) an investment of payments of the kind referred to in paragraph (k); and
(ii) an investment for:
(A) a period of not more than 12 months after the person receives the payments; or
(B) if the Secretary thinks it appropriate - of 12 months or more after the person receives those payments;
(n) an amount paid:
(i) by the Federal Republic of Germany under the laws of that Republic; or
(ii) by a State of the Federal Republic of Germany under the laws of that State;
by way of compensation for a victim of National Socialist persecution;
(p) an amount paid by the Republic of Austria under the laws of that Republic by way of compensation to a victim of National Socialist persecution;
(q) in the case of a person who pays or who is liable to pay rent, a payment by way of rent subsidy made by the Commonwealth, by a State or Territory or by an authority of the Commonwealth or of a State or Territory to or on behalf of the person who pays or who is liable to pay rent;
(r) a payment received by a trainee in full-time training under a program included in the programs known as the Labour Force Programs, to the extent that the payment includes one or more of the following amounts:
(i) an amount calculated by reference to a rate of
unemployment benefit or job search allowance;
(ii) an amount known as the training component;

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(iii) an amount by way of a living away from home
allowance;
(s) a payment received by a trainee in part-time training under a program included in the programs known as the Labour Force Program, if the trainee is also receiving:
(i) an age pension; or
(ii) an invalid pension; or
(iii) a wife pension; or
(iv) a carer pension; or
(v) a sole parent pension; or
(vi) a sheltered employment allowance; or
(vii) a rehabilitation allowance;
(t) a payment received by the person under the scheme known as the New Enterprise Incentive Scheme;
(u) a benefit under a law of the Commonwealth that relates to the provision of:
(i) pharmaceutical, sickness or hospital benefits; or
(ii) medical or dental services;
(v) a payment (other than a periodical payment or a payment representing an accumulation of instalments) made for or in respect of expenses incurred by a person for hospital, medical, dental or similar treatment;
(w) in the case of a member of:
(i) the Australian Naval Reserve; or
(ii) the Naval Emergency Reserve Forces; or
(iii) the Australian Army Reserve; or
(iv) the Australian Air Force Reserve; or
(v) the Air Force Emergency Force; or
(vi) the Regular Army Emergency Reserve;
the pay and allowances paid to the person as such a member (other than pay and allowances in respect of continuous full-time service) and, in the case of a member of a Force referred to in subparagraph (ii), (v) or (vi), any gratuity paid to the person by reason of a calling out for continuous service of that Force or of a part of that Force;
(y) a payment by way of:
(i) service pension; or
(ii) attendant allowance under section 98 of the Veterans' Entitlements Act; or
(iii) recreation allowance under section 104 of that Act; or
(iv) an allowance for the running and maintenance of a motor vehicle under the Vehicle Assistance Scheme referred to in section 105 of that Act; or
(v) decoration allowance under section 102 of that Act; or
(vi) Victoria Cross allowance under section 103 of that Act; or
(vii) clothing allowance under section 97 of that Act; or
(viii) a bereavement payment under Division 5A of Part III, or section 98A of that Act; or
(ix) a funeral benefit under Part VI of that Act; or
(x) a bereavement payment under section 24B of the Seamen's War Pensions and Allowances Act 1940; or
(xi) a funeral benefit under the Seamen's War Pensions and Allowances Regulations;
(z) a periodical payment by way of gift or allowance, or a periodical benefit by way of gift or allowance, from the person's father, mother, son, daughter, brother or sister;
(za) the value of board or lodging received by the person;
(zb) a domestic payment;
(zc) so much of a payment received by the person as is, in accordance with an agreement between the Commonwealth and a foreign country, applied in reduction of the amount of pension, benefit or allowance that would otherwise be payable to the person under this Act;
(zd) a payment made to the person by the Government of New Zealand, being a payment known as:
(i) accommodation benefit; or
(ii) disability allowance; or
(iii) home help payment; or
(iv) special benefit; or
(v) training incentive allowance;
(ze) a payment made to the person by the Government of the United Kingdom, being a payment known as:
(i) clothing allowance; or
(ii) constant attendance allowance; or
(iii) decoration allowance; or
(iv) mobility supplement;
(zf) a payment of an education supplement to a person who:
(i) is receiving:
(A) a social security or service pension; or
(B) a social security benefit; and
(ii) would, if the person were not receiving that pension
or benefit, be eligible to receive payments under:
(A) the AUSTUDY scheme; or
(B) the ABSTUDY Tertiary Scheme.

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Note: "social security pension" includes a sheltered employment or rehabilitation allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 9
Investment income definitions

9. (1) In this Act, unless the contrary intention appears:
"accruing return investment" means an arrangement by a person that consists of or includes an investment of money, being an investment:
(a) that produces:
(i) a fixed rate or quantifiable rate of return,
whether or not that rate varies from time to time; or
(ii) a rate of return that may be reasonably
approximated; and
(b) the value of which from time to time is unlikely to
decrease as a result of market changes;
Note: a superannuation benefit may be taken to be an
investment - see subsection (6).
"annual rate of return" has the meaning given by subsection (3);
"approved deposit fund" means a fund that is an approved deposit fund for the purposes of Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act;
"assessable growth component", in relation to an amount of superannuation benefit, means so much (if any) of the return as is attributable to the assessable period;
"assessable period", in relation to a person, means any period during which the person received:
(a) a social security or service pension; or
(b) a social security benefit;
except any such period that occurs before a continuous
period of at least 2 years during which the person did not receive such a pension or benefit;
Note: "social security pension" includes a sheltered
employment or rehabilitation allowance.
"deductible amount", in relation to an immediate annuity or a superannuation pension, is the amount that would be the deductible amount in relation to the annuity or superannuation pension in relation to a year of income under subsection 27H (2) of the Income Tax Assessment Act if "undeducted purchase price" had the same meaning in that subsection as "non-assessable purchase price" has in this Act;
"deferred annuity" means an annuity that is a deferred annuity for the purposes of Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act;
"determination of entitlement", in relation to a person, means a determination:
(a) whether the person is qualified for a pension, benefit
or allowance under this Act; or
(b) whether a pension, benefit or allowance under this Act
is payable to the person; or
(c) of the rate at which a pension, benefit or allowance
under this Act is payable to the person;
"eligible investment" means an investment that satisfies all of the following conditions:
(a) money or property invested is paid or transferred by
the investor directly or indirectly to a body corporate or into a trust fund;
(b) the assets that represent money or property invested
(in this definition called the "investment assets") are held otherwise than in the names of investors;
(c) the investor does not, either alone or jointly with a
relative or relatives of the investor, have effective control over the management of the investment assets;
(d) the investor has a legally enforceable right to share
in any distribution of the income or profits derived from the investment assets;
"friendly society" means:
(a) a society registered as a friendly society under a law
in force in a State or Territory; or
(b) a society that had, before 13 December 1987, been
approved for the purpose of the definition of "friendly society" in subsection 115 (1) of the 1947 Act;
and, for the purpose of the definition of "market-linked
investment" in this subsection, includes:
(c) a society that has been approved for the purposes of the definition of "friendly society" in subsection 115 (1) of the 1947 Act on or after 13 December 1987; and
(d) a society that is an approved friendly society for the purposes of this Act (see section 29);
"fund manager", in relation to an investment product, means the person or body specified, in relation to that investment product, in a notice under subsection (2);
"immediate annuity" means an annuity that is presently payable;
Note: for "presently payable" see subsection (5).

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"investment product" means a class of market-linked investments specified in a notice under subsection (2);
"market-linked investment" means:
(a) an investment in:
(i) an approved deposit fund; or
(ii) a deferred annuity; or
(iii) a public unit trust; or
(iv) an insurance bond; or
(b) an investment with a friendly society; or
(c) an eligible investment other than an investment
referred to in paragraph (a) or (b); or
(d) a superannuation benefit vested in a person and held
in a superannuation fund (unless a superannuation pension funded by that benefit is presently payable to the person);
other than an investment that is:
(e) an accruing return investment; or
(f) an investment consisting of the acquisition of real
property, stock or shares;
"non-assessable purchase price":
(a) in relation to an immediate annuity other than a roll-over
immediate annuity - has the same meaning as "undeducted purchase price" has in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act; or
(b) in relation to a roll-over immediate annuity - means
the roll-over purchase price; or
(c) in relation to a superannuation pension - has the same
meaning as "undeducted purchase price" has in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act;
"public unit trust" means a unit trust that:
(a) except where paragraph (b) applies - was, in relation
to the unit trust's last year of income, a public unit trust for the purposes of Division 6B of Part III of the Income Tax Assessment Act; or
(b) where the first year of income of the unit trust has
not yet finished - has, at some time since the trust was established, satisfied at least one of the paragraphs of subsection 102G (1) of the Income Tax Assessment Act;
"purchase price", in relation to an annuity, has the meaning that it has in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act;
"rate of return decision", in relation to an investment product, means:
(a) a refusal, on application under subsection 1089 (1), to make a determination under subsection 1088 (1) of a rate of return on market-linked investments included in the investment product; or
(b) a determination under subsection 1088 (1) of a rate of return on market-linked investments included in the investment product; or
(c) the revocation under section 1092 of a determination of a rate of return on market-linked investments included in the investment product.
Note: this definition relates to Subdivision C of Part 3.10 (Market-Linked Investments) and Parts 6.2 and 6.4 (Review by the Social Security Appeals Tribunal and the Administrative Appeals Tribunal).
"relevant number", in relation to an annuity, has the meaning that it has in section 27H of the Income Tax Assessment Act;
"residual capital value", in relation to an annuity, has the meaning that it has in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act;
"return", in relation to an investment (including an investment in the nature of superannuation), means any increase, whether of a capital or income nature and whether or not distributed, in the value or amount of the investment;
"rolled-over amount", in relation to an annuity, has the meaning that it has in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act;
"roll-over immediate annuity", means an immediate annuity the purchase price of which consists wholly of a rolled-over amount or rolled-over amounts;
"roll-over purchase price", in relation to a roll-over immediate annuity, means:
(a) except where paragraph (b) applies - either the sum of the following amounts:
(i) the amount that would, under Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act, be the undeducted purchase price of the annuity;
(ii) the amount that is the upper limit under section 159sg of the Income Tax Assessment Act for the year of income in which the annuity was purchased;
or the purchase price of the annuity, whichever is less;
or
(b) where:
(i) the roll-over immediate annuity, and another roll-over immediate annuity, have been purchased using the same rolled-over amount or rolled-over amounts in the name of the same person; and

(ii) the roll-over purchase price of the other roll-over immediate annuity has previously been worked out under paragraph (a) for the purposes of this Act;

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the amount that would, under Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act, be the undeducted purchase price of the annuity;
"statutory rate of return" means 11% per year or such lower percentage per annum as is specified in a notice in force under subsection 1087 (1);
"superannuation benefit", in relation to a person, means a benefit arising directly or indirectly from amounts contributed (whether by the person or by any other person) to a superannuation fund in respect of the person;
"superannuation fund" means a superannuation fund as defined for the purposes of Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act, other than a fund covered by subparagraph (ia) of the definition of "superannuation fund" in subsection 27A (1) of that Act;
"superannuation pension" has the same meaning as it has in Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act.
(2) The Secretary, by notice in writing published in the Gazette:
(a) may specify a class of market-linked investments that constitute an investment product; and
(b) is to specify, in relation to each investment product so identified, a person or body for the purposes of the definition of "fund manager" in subsection (1).
(3) Where the value or amount at a particular time of a market-linked investment included in an investment product is equal to or less than the value or amount of that market-linked investment 12 months previously, the annual rate of return at that first-mentioned time for market-linked investments included in that investment product is to be taken, for the purposes of a determination under this Act, to be 0%.
(4) A reference in this Act to the Secretary refusing, on application under section 1089, to make a determination under subsection 1088 (1) does not include a reference to the Secretary refusing, pursuant to subsection 1090 (2), to consider such an application.
(5) For the purposes of this Act, an annuity or superannuation pension is to be taken to be presently payable at all times after, but not before, the commencement of the first period in respect of which the annuity or superannuation pension is payable.
(6) For the purposes of the definition of `accruing return investment' in subsection (1), a superannuation benefit vested in a person that is held in a superannuation fund is to be taken to be an investment of that person, unless a superannuation pension funded by that benefit is presently payable to the person.
(7) For the purposes of this Act, a person's superannuation benefit is compulsorily preserved if the person's access to the benefit is restricted under:
(a) paragraph 23 (ja) of the Income Tax Assessment Act as in force at any time before 18 December 1987; or
(b) section 23fa of the Income Tax Assessment Act as in force at any time before 18 December 1987; or
(c) regulations made under section 7 or 8 of the Occupational Superannuation Standards Act 1987; or
(d) a provision of the trust deed or contract concerned that imposes restrictions corresponding to the restrictions imposed by a provision of the regulations made under section 7 or 8 of the Occupational Superannuation Standards Act 1987.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 10
Maintenance income definitions

10. (1) In this Act, unless the contrary intention appears:
"capitalised maintenance income", in relation to a person, means maintenance income of the person:
(a) that is neither a periodic amount nor a benefit provided on a periodic basis; and
(b) the amount or value of which exceeds $1,500;
Note 1: see also section 1116 (apportionment of capitalised maintenance income).
Note 2: if maintenance income is caught by paragraphs (a) and (b) of the definition, the whole amount or value of the maintenance income is capitalised maintenance income, not just the part of the maintenance income that exceeds the $1,500 limit.
"cash maintenance", in relation to a person, means maintenance income of the person that consists of the amount of a payment received by the person or by a dependent child of the person;
Note: a "payment" of an "amount" would have to be a payment of money or the equivalent of a payment of money (e.g. a cheque, money order or electronic funds transfer (EFT)).
"child support" means financial support under the Child Support (Assessment) Act 1989 and includes financial support:
(a) by way of lump sum payment; or
(b) by way of transfer or settlement of property;
"maintenance" includes child support;
"maintenance agreement" means a written agreement (whether made within or outside Australia) that provides for the maintenance of a person (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement;

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"maintenance income", in relation to a person, means:
(a) child maintenance - that is, the amount of a payment or the value of a benefit that is received by the person for the maintenance of a dependent child of the person and is received from:
(i) a parent of the child; or
(ii) the partner or former partner of a parent of the child; or
(b) partner maintenance - that is, the amount of a payment or the value of a benefit that is received by the person for the person's own maintenance and is received from the person's partner or former partner; or
(c) direct child maintenance - that is, the amount of a payment or the value of a benefit that is received by a dependent child of the person for the child's own maintenance and is received from:
(i) a parent of the child; or
(ii) the partner or former partner of a parent of the child;
Note: see also subsection (3) and section 1116 (capitalised maintenance income).
"non-cash housing maintenance", in relation to a person, means maintenance income of the person that is not cash maintenance and is received in relation to the provision of a residence that is, or is to be, the person's principal home;
Note: see also subsections (4) and (5) and section 1117.
"special maintenance income", in relation to a person, means:
(a) non-cash housing maintenance of the person; or
(b) non-cash maintenance of the person (other than non-cash housing maintenance or capitalised maintenance income) received from the person's partner or former partner during the period of 6 months following the person's separation from the partner or former partner; or
(c) maintenance income of the person provided in relation to expenses arising directly from a physical, intellectual or psychiatric disability, or a learning difficulty, of a dependent child of the person where the disability or difficulty is likely to be permanent or to last for an extended period.
Note: see also subsection 1117 (1) (non-cash housing
maintenance - value of substitute for former family home).
(2) In working out whether a young person is a dependent child for the purposes of subsection (1), disregard subsection 5 (3).
(3) For the purposes of the definition of "maintenance income" in subsection (1):
(a) a payment received under subsection 76 (1) of the Child Support (Registration and Collection) Act 1988 in relation to a registered maintenance liability (within the meaning of that Act) is taken to be received from the person who is the payer (within the meaning of that Act) in relation to the liability; and
(b) a reference to a benefit received by a person includes a reference to a benefit received by the person because of a payment made to, or a benefit conferred on, another person (including a payment made or benefit conferred under a liability owed to the other person); and
(c) a reference to a payment or benefit received from a person includes a reference to a payment or benefit received:
(i) directly or indirectly from the person; and
(ii) out of any assets of, under the control of, or held for the benefit of, the person; and
(iii) from the person under or as a result of a court order, a court registered or approved maintenance agreement or otherwise.
(4) For the purposes of the definition of "non-cash housing maintenance" in subsection (1), maintenance received in relation to the provision of a residence includes maintenance consisting of:
(a) a benefit received because of the transfer or settlement of a right or interest in relation to the residence; and
(b) where there is a secured housing loan on the residence - a benefit received because of:
(i) the payment of interest, charges or other amounts under the loan; or
(ii) the repayment of amounts borrowed under the loan; and
(c) a benefit received because of the payment of rent (including Government rent), or a like payment, in relation to the residence.
(5) For the purposes of paragraph (4) (b), there is a secured housing loan on a residence if:
(a) there is a loan that is secured by a mortgage or other interest in relation to the residence; and
(b) the sole or principal purpose of the loan is to enable the residence, or a right or interest in relation to the residence, to be acquired.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 11
Assets test definitions

11. (1) In this Act, unless the contrary intention appears:
"asset" means property (including property outside Australia);
"disposes of assets":
(a) has its ordinary meaning in Division 4 of Part 3.12 (pension loans scheme); and
(b) has the meaning given by section 1123 in the rest of the Act;
"exempt assets" means assets described in any of paragraphs 1118 (1) (a) to (r);

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"granny flat interest" has the meaning given by subsection (9);
"homeowner" has the meaning given by subsection (4);
"reasonable security of tenure" has the meaning given by subsection (8);
"pension year" has the meaning given by subsection (10);
"PLS assets", in relation to a person, means all the person's assets (other than exempt assets):
(a) that cannot readily be sold; or
(b) that:
(i) the person does not wish to sell; and
(ii) are not of a kind that the person could reasonably be expected to sell;
Note: this definition is relevant only to the pension loans
scheme (Part 3.12, Division 4).
"principal home" has the meaning given by subsections (5), (6) and (7);
"unrealisable asset" has the meaning given by subsections (12) and (13);
"value" has the meaning given by subsections (2) and (3).
Note: see also sections 1118 (certain assets to be
disregarded in calculating the value of a person's assets), 1121 (effect of charge or encumbrance on value of property) and 1145-1157 (retirement villages).
(2) A reference in this Act to the value of a particular asset of a person is, if the asset is owned by the person jointly or in common with another person or persons, a reference to the value of the person's interest in the asset.
(3) A reference in this Act to the value of a charge or encumbrance on an asset of a person is, if the asset is owned by the person jointly or in common with another person or persons, a reference to the value of that charge or encumbrance in so far as it relates to the person's interest in the asset.
Homeowner
(4) For the purposes of this Act:
(a) a person who is not a member of a couple is a homeowner if:
(i) the person has a right or interest in the person's
principal home; and
(ii) the person's right or interest in the home:
(A) gives the person reasonable security of tenure in
the home; and
(B) is not a granny flat interest; and
(b) a person who is a member of a couple is a homeowner if:
(i) the person, or the person's partner, has a right or
interest in one residence that is:
(A) the person's principal home; or
(B) the partner's principal home; or
(C) the principal home of both of them; and
(ii) the person's right or interest, or the partner's
right or interest, in the home:
(A) gives the person or the person's partner reasonable
security of tenure in the home; and
(B) is not a granny flat interest; and
(c) a person (whether a member of a couple or not) is a homeowner if:
(i) the person has sold the person's principal home not
more than 12 months previously; and
(ii) the person is likely to apply some or all of the
proceeds of the sale in acquiring another residence that is to be the person's principal home.
Note: see also section 1145--1157 (retirement villages). Principal home
(5) A reference in this Act to the principal home of a person includes a reference to:
(a) if the principal home is a dwelling-house - the private land adjacent to the dwelling-house to the extent that the private land, together with the area of the ground floor of the dwelling-house, does not exceed 2 hectares; or
(b) if the principal home is a flat or home unit - a garage or storeroom that is used primarily for private or domestic purposes in association with the flat or home unit.
Note: for "private land" see subsection (6).
(6) A reference in subsection (5) to private land adjacent to a dwelling-house is a reference to land that is adjacent to the dwelling-house and that is used primarily for private or domestic purposes in association with that dwelling-house.
(7) A residence of a person is to be taken to continue to be the person's principal home during:
(a) any period (not exceeding 12 months) during which the person is temporarily absent from the residence; and
(b) any period (not exceeding 2 years) during which the person is:
(i) residing in a benevolent home or in premises at which
accommodation is provided exclusively or principally for persons who have a mental disability; or
(ii) residing in a nursing home; or
(iii) a nursing-home type patient, within the meaning of
the Health Insurance Act 1973, of a hospital; Note: for "benevolent home" and
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"nursing home" see subsection 23 (1).
(8) If a person has a right or interest in the person's principal home, the person is to be taken to have a right or interest that gives the person reasonable security of tenure in the home unless the Secretary is satisfied that the right or interest does not give the person reasonable security of tenure in the home.

Granny flat interest
(9) A person has a granny flat interest in the person's principal home if:
(a) the residence that is the person's principal home is a private residence; and
(b) the person has acquired for valuable consideration or has retained:
(i) a right to accommodation for life in the residence;
or
(ii) a life interest in the residence.

Pension year - disposal of assets
(10) A reference in sections 1123 to 1128 (disposal of assets) to a pension year, in relation to a person who is receiving:
(a) a social security or service pension; or
(b) a social security benefit; or
(c) a family allowance supplement;
is a reference to:
(d) if the person is a member of a couple and the person and the person's partner were, immediately before they became members of that couple, receiving such a pension, benefit or allowance - the period of 12 months commencing on the day on which they became members of that couple; or
(e) in a case (not being a case referred to in paragraph (d)) where the person is a member of a couple and the person's partner is receiving such a pension, benefit or allowance - the period of 12 months commencing on the day on which such a pension, benefit or allowance first became payable to the person or to the person's partner, whichever was the earlier; or
(f) in any other case - the period of 12 months commencing on the day on which such a pension, benefit or allowance first became payable;
and to each succeeding and each preceding period of 12 months.
(11) The lending of money after 27 October 1986 is not a disposition of an asset for the purposes of section 1123.

Unrealisable asset
(12) An asset of a person is an unrealisable asset if:
(a) the person cannot sell or realise the asset; and
(b) the person cannot use the asset as a security for borrowing.
(13) For the purposes of the application of this Act to a social security pension, an asset of a person is also an unrealisable asset if:
(a) the person could not reasonably be expected to sell or realise the asset; and
(b) the person could not reasonably be expected to use the asset as a security for borrowing.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 12
Retirement villages definitions

12. (1) In this Act:
"actual value" has the meaning given by subsection (5);
"retirement village" has the meaning given by subsections (3) and (4).
(2) A person is a member of an ordinary couple with different principal homes if:
(a) the person is a member of a couple; and
(b) the person does not share the person's principal home with the person's partner; and
(c) the person is not a member of an illness separated couple.
(3) Premises constitute a retirement village for the purposes of this Act if:
(a) the premises are residential premises; and
(b) accommodation in the premises is primarily intended for persons who are at least 55 years old; and
(c) the premises consist of:
(i) one or more of the following kinds of accommodation:
(A) self-care units;
(B) serviced units;
(C) hostel units; and
(ii) communal facilities for use by occupants of the units
referred to in subparagraph (i).
(4) Residential premises are also to be taken to constitute a retirement village for the purposes of this Act if the Secretary is satisfied that the residential premises have similar functions to those referred to in subsection (3).
(5) In Division 5 of Part 3.12 (sections 1145 to 1157), a reference to the actual value of the assets of a member of a couple is a reference to the value of the assets that are actually assets of the person rather than the person's partner, that is, the value that would be the value of the person's assets apart from the couple's assets deeming provisions.
(6) In subsection (5):
"couple's assets deeming provisions" means:
(a) Pension Rate Calculator A (point 1064-G2); and

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(b) Pension Rate Calculator C (point 1066-G2); and
(c) section 531; and
(d) section 602; and
(e) section 672; and
(f) subsection 895 (2); and
(g) section 734; and
(h) Fringe Benefits Assets Test Calculator (point 1072-3).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 13
Rent definitions

13. (1) In this Act, unless the contrary intention appears:
"amount of rent paid or payable" has the meaning given by subsections (6) and (7);
"board", when used in the expression "board and lodging", means the provision of meals on a regular basis in connection with the provision of lodging;
"Government rent" means rent payable to any of the following authorities:
(a) The Housing Commission of New South Wales;
(b) the Director, within the meaning of the Housing Act 1983 of the State of Victoria;
(c) The Queensland Housing Commission;
(d) The Corporation of the Director of Aboriginal and Islanders Advancement established by a law of Queensland;
(e) the South Australian Housing Trust;
(f) The State Housing Commission established by a law of Western Australia;
(g) the Director-General of Housing and Construction holding office under a law of Tasmania;
(h) the Northern Territory Housing Commission;
(j) The Commissioner for Housing within the meaning of the Housing Assistance Act 1987 of the Australian Capital Territory;
"ineligible homeowner" means a homeowner other than:
(a) a person who is a homeowner by virtue of paragraph 11
(4) (c) (proceeds of sale of principal home disregarded for 12 months); or
(b) a person who:
(i) is a member of a couple; and
(ii) is in approved respite care; and
(iii) has remained, or in the Secretary's opinion is likely to remain, in approved respite care for at least14 consecutive days; or
(c) a person who is residing in a nursing home but is not
residing in a retirement village; or
(d) a person who pays amounts for the use of a site for a
caravan or other vehicle, or a structure, that is the person's principal home; or
(e) a person who pays amounts for the right to moor a
vessel that is the person's principal home;
Note: for "approved respite care" see subsection 4 (9),
for "retirement village" see subsections 12 (3) and (4), for "homeowner" see subsection 11 (4) and for "principal home" see subsections 11 (5), (6) and (7).
"rent" has the meaning given by subsections (2) and (4);
"residing in a nursing home" has the meaning given by subsection (8).
(2) Amounts are rent in relation to the person if:
(a) the amounts are payable by the person:
(i) as a condition of occupancy of premises, or of a part of premises, occupied by the person as the person's principal home; or
(ii) for services provided in a retirement village that is the person's principal home; or
(iii) if the person is residing in a nursing home that is the person's principal home - for accommodation in the nursing home; or
(iv) for lodging in premises that are the person's principal home; or
(v) for the use of a site for:
(A) a caravan or other vehicle; or
(B) a structure;
occupied by the person as the person's principal home; or
(vi) for the right to moor a vessel that is occupied by the person as the person's principal home; and
(b) either:
(i) the amounts are payable every 3 months or more frequently; or
(ii) the amounts are payable at regular intervals (greater than 3 months) and the Secretary is satisfied that the amounts should be treated as rent for the purposes of this Act.
Note: for "retirement village" see subsections 12 (3) and (4) and for "principal home" see subsections 11 (5), (6) and (7).
(3) Subparagraphs (2) (a) (ii) to (vi) (inclusive) do not limit the generality of subparagraph (2) (a) (i).
(4) Amounts are rent in relation to a person if:
(a) the person is a member of a couple; and
(b) the amounts are paid by the person, or the person's partner, for approved respite care for the person in a nursing home; and
(c) the person has remained, or is in the Secretary's opinion likely to
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remain, in the approved respite care for at least 14 consecutive days.
Note: for "approved respite care" see subsection 4 (9).
(5) If a law of a State, the Northern Territory or the Australian Capital Territory alters the name of an authority referred to in the definition of "Government rent" in subsection (1), a reference to that authority in that definition is to be construed as a reference to the authority under the new name.
Board and lodging
(6) Where:
(a) a person pays, or is liable to pay, amounts for board and lodging; and
(b) it is not possible to work out the part of each of those amounts that is paid or payable for lodging;
the amount of rent paid or payable by the person is, for the purposes of this Act, to be taken to be two-thirds of the amounts paid or payable as mentioned in paragraph (a).
Nursing homes
(7) Where:
(a) a person who is residing in a nursing home pays, or is liable to pay, amounts for accommodation and other services in the nursing home; and
(b) it is not possible to work out the part of each of those amounts that is paid or payable in respect of accommodation;
the amount of rent paid or payable by the person is, for the purposes of this Act, to be taken to be two-thirds of the amounts paid or payable as mentioned in paragraph (a).
(8) Unless the contrary intention appears, a reference in this Act to a person residing in a nursing home is a reference to a person who is:
(a) residing in a benevolent home or in premises at which accommodation is provided exclusively or principally for persons who have a mental disability; or
(b) residing in premises that are:
(i) an approved nursing home for the purposes of the
National Health Act 1953 or the Nursing Homes Assistance Act 1974; or
(ii) an approved home for the purposes of the Aged or
Disabled Persons Homes Act 1954; or
(iii) an approved hostel for the purposes of the Aged or
Disabled Persons Hostels Act 1972; or
(c) a nursing-home type patient, within the meaning of the Health Insurance Act 1973, of a hospital; or
(d) residing in premises made available for the accommodation of the person by an approved organisation providing hostel care services or personal care services to the person for the purposes of Part III of the Aged or Disabled Persons Homes Act 1954.
Note: for "benevolent home" see subsection 23 (1).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 14
Remote area definitions

14. (1) In this Act, unless the contrary intention appears:
"physically present in a remote area" has the meaning given by subsection (2);
"remote area" means:
(a) those parts of Australia referred to in paragraphs 1
and 2 of Part I of Schedule 2 to the Income Tax Assessment Act; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
(2) If:
(a) a person's usual place of residence is in the remote area; and
(b) the person is absent from the remote area for a period; the person is to be taken to be physically present in the remote area during:
(c) if the period does not exceed 8 weeks - the whole of that period; or
(d) if the period exceeds 8 weeks - the first 8 weeks of that period.
(3) Subsection (2) does not apply to a person in respect of a period during which the person is outside Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 15
UB and JSA work test definitions

15. (1) In this Act, unless the contrary intention appears:
"approved organisation" means an organisation approved under section 28;
"approved short-term vocational course" means a course approved under section 26;
"approved vocational course" means a course approved under section 27;
"average male full-time weekly earnings", in relation to employment undertaken during a calendar year, means the amount set out under the headings "males - full-time adults - average weekly ordinary time earnings" in the document entitled "Average Weekly Earnings, Australia, Preliminary" published by the Australian Statistician most recently before 1 January in that calendar year;
"qualified beneficiary" has the meaning given by subsection (2).
(2) A person is a qualified beneficiary for a period if one or a combination of the following has been payable to the person for that period:
(a) a social security benefit;
(b) a sole parent's pension;
(c) a payment as a trainee in full-time training under a program included
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in the programs known as Labour Force Programs.
Note: a person is required to be a qualified beneficiary under sections 519, 522 to 527 and 597 and 598.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 16
UB and JSA industrial action definitions

16. (1) In this Act, unless the contrary intention appears:
"industrial action" means any of the following that is not authorised by the employer of the person concerned:
(a) the performance of work in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work, a result of which is a restriction or limitation on, or a delay in, the performance of the work;
(b) a ban, limitation or restriction on the performance of work or on acceptance of, or offering for, work;
(c) a failure or refusal by a person to attend for work or a failure or refusal to perform any work at all by a person who attends for work;
Note: see also subsection (2).
"trade union" includes any organisation or association of employees (whether corporate or unincorporate) that exists or is carried on for the purpose, or for purposes that include the purpose, of furthering the interests of its members in relation to their employment;
Note: see also subsection (3).
"unemployment", in relation to a person, includes:
(a) unemployment of the person arising from:
(i) a person or persons being, or having been, engaged in industrial action; and
(ii) the termination of the person's employment; and
(b) a situation where the person:
(i) is, or has been, stood down from the person's employment or work; or
(ii) is, or has been, suspended from the person's employment or work.

Industrial action
(2) For the purposes of the definition of "industrial action" in subsection (1), conduct that relates to part only of the duties that a person is required to perform in the course of his or her employment is capable of being industrial action.

Trade unions divided into branches
(3) If a trade union is divided into branches (whether or not the branches are themselves trade unions), persons who are members of the respective branches are taken to be members of the trade union.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 17
Compensation recovery definitions

17. (1) In this Act, unless the contrary intention appears:
"average weekly earnings", in relation to a lump sum preclusion period, means the amount:
(a) estimated as the average total weekly earnings, during a particular month, of all male employees in Australia; and
(b) last published by the Australian Statistician before the lump sum compensation payment became payable;
Note: for "lump sum preclusion period" see subsections 1165 (3) to (6).
"compensation" has the meaning given by subsection (2);
"compensation part", in relation to a lump sum compensation payment, has the meaning given by subsections (3) and (4);
"compensation payer" means:
(a) a person who is liable to make a compensation payment; or
(b) an authority of a State or Territory that has determined that it will make a payment by way of compensation to another person, whether or not the authority is liable to make the payment;
"payment for a period" has the meaning given by subsection (7);
"periodic payments period", in relation to a series of periodic payments, means the period in respect of which the payments are, or are to be, made;
"potential compensation payer" means a person who, in the Secretary's opinion, may become a compensation payer;
"receives compensation" has the meaning given by subsection (5).

Compensation
(2) For the purposes of this Act, compensation means:
(a) a payment of damages; or
(b) a payment under a scheme of insurance or compensation under a Commonwealth, State or Territory law, including a payment under a contract entered into under such a scheme; or
(c) a payment (with or without admission of liability) in settlement of a claim for damages or a claim under such an insurance scheme; or
(d) any other compensation or damages payment, other than a payment to which the recipient has contributed; (whether the payment is in the form of the whole or part of a lump sum or in the form of a series of periodic payments) that is:
(e) made wholly or partly in respect of lost earnings or lost capacity to earn; and
(f) made either within or outside Australia.

Compensation part of a lump sum
(3) For the purposes of this Act, the compensation part of a lump sum

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compensation payment is:
(a) 50% of the payment if the following circumstances apply:
(i) the payment is made (either with or without admission of liability) in settlement of a claim that is, in whole or in part, related to disease or injury; and
(ii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise, on or after 9 February 1988; or
(b) if those circumstances do not apply - so much of the payment as is, in the Secretary's opinion, in respect of lost earnings or lost capacity to earn.
(4) Where a person:
(a) has received periodic compensation payments in respect of lost earnings or lost capacity to earn; and
(b) after receiving those payments, receives a lump sum compensation payment in respect of the lost earnings or lost capacity to earn (in this subsection called the "LSP"); and
(c) because of receiving the LSP, becomes liable to repay an amount (in this subsection called the Repaid Periodic Compensation Payment - "RPCP") equal to the periodic compensation payments received;
then, for the purposes of subsection (3), the amount of the lump sum compensation payment is:
LSP - RPCP
Receives compensation
(5) A person receives compensation whether he or she receives it directly or whether another person receives it, on behalf of, or at the direction of the first person.

Insurer
(6) A reference in Part 3.14 to an insurer who is, under a contract of insurance, liable to indemnify a compensation payer or a potential compensation payer against a liability arising from a claim for compensation includes a reference to:
(a) an authority of a State or Territory that is liable to indemnify a compensation payer against such a liability, whether the authority is so liable under a contract, a law or otherwise; or
(b) an authority of a State or Territory that determines to make a payment to indemnify a compensation payer against such a liability, whether or not the authority is liable to do so.

Payment for a period
(7) A reference in Part 3.14 to a person receiving a payment for a period is a reference to:
(a) where the payment is a pension payment - a person receiving a payment during the period; or
(b) where the payment is a benefit payment - a person receiving the payment in respect of the period; or
(c) where the payment is a sheltered employment allowance - a person receiving the payment during the period; or
(d) where the payment is a rehabilitation allowance - a person receiving the payment during the period.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 18
Incentive allowance definitions

18. In this Act, unless the contrary intention appears:
"activity therapy centre" means premises at which approved activity therapy is provided;
"adult training centre" means premises at which approved training is provided;
"approved activity therapy" has the same meaning as in the Handicapped Persons Assistance Act 1974 immediately before 5 June 1987;
Note: on 5 June 1987 the Disability Services (Transitional Provisions and Consequential Amendments) Act 1986 repealed the definition in the Handicapped Persons Assistance Act 1974.
"approved training" has the same meaning as in the Handicapped Persons Assistance Act 1974 immediately before 5 June 1987;
Note: on 5 June 1987 the Disability Services (Transitional Provisions and Consequential Amendments) Act 1986 repealed the definition in the Handicapped Persons Assistance Act 1974.
"independent living training" means training to assist persons with disabilities to develop or maintain the personal skills and self-reliance necessary to enhance their independence, and self-reliance, in the community, being training or training included in a class of training approved by the Secretary under section 25.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 19
Mobility allowance definitions

19. In this Act, unless the contrary intention appears:
"allowance payday" means:
(a) the Thursday that falls on 11 July 1991; and
(b) every second Thursday after that;
"gainful employment" means:
(a) paid employment (including sheltered employment); and
(b) self-employment that is intended to result in financial gain;
"handicapped person" means a person who:

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(a) has a physical or mental disability; and
(b) has turned 16;
"sheltered employment" means paid employment in respect of which a direction under section 32 or 33 is in force;
"vocational training" includes training for a profession or occupation.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 20
Indexation and rate adjustment definitions

20. (1) In this Act, unless the contrary intention appears:
"CPC rate" (combined pensioner couple rate) has the meaning given by subsection (2);
"current figure", as at a particular time and in relation to an amount that is to be indexed or adjusted under Part 3.16, means:
(a) if the amount has not yet been indexed or adjusted under Part 3.16 before that time - the amount; and
(b) if the amount has been indexed or adjusted under Part 3.16 before that time - the amount most recently substituted for the amount under Part 3.16 before that time;
"FA amount" (family allowance amount) has the meaning given by subsection (3);
"index number", in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter;
"November earnings average", in relation to a year, means the amount called the "All Employees - Average Weekly Total Earnings - Persons" published by the Australian Statistician in respect of a period ending on or before a particular day in November in that year but does not include a preliminary estimate of that amount.
(2) For the purposes of this Act, the CPC rate (combined pensioner couple rate) at a particular time is twice the amount that is, at that time, the maximum basic rate of age pension payable to a person who has a pensioner partner. Note: for the maximum basic rate of age pension see point 1064- B1 of Pension Rate Calculator A in section 1064.
(3) For the purposes of this Act, the FA amount (family allowance amount) at a particular time is the amount that is, at that time, payable in respect of a child under item 1 of Table B of the Family Allowance Rate Calculator.

Publication of substituted index numbers
(4) Subject to subsection (5), if at any time (whether before or after the commencement of this section), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.

Change to CPI reference base
(5) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the reference base for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new reference base.

Publication of substituted AWE amount
(6) If at any time (whether before or after the commencement of this section) the Australian Statistician publishes an amount in substitution for a November earnings average previously published by the Australian Statistician, for that year, the publication of the later amount is to be disregarded for the purposes of this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 21
Bereavement definitions

21. For the purposes of this Act, if a person dies:
(a) the bereavement period in relation to the person's death is the period of 14 weeks from the day on which the person dies; and
(b) the bereavement notification day in relation to the person's death is the day on which the Secretary becomes aware of the death; and
(c) the first available bereavement adjustment payday in relation to the person's death is the first payday after the bereavement notification day for which it is practicable to terminate or adjust payments under this Act to take account of the person's death; and
(d) the bereavement rate continuation period in relation to the person's death is the period:
(i) that begins on the day on which the bereavement period begins; and
(ii) that ends:
(A) if the first available bereavement adjustment payday is before the end of the bereavement period - on the day before the first available bereavement adjustment payday; or
(B) if the first available bereavement adjustment payday occurs on or after the day on which the bereavement period ends - the day on which the bereavement period ends; and
(e) there is a bereavement lump sum period in relation to the person's death if the first available bereavement adjustment payday occurs before the end of the bereavement period and the bereavement lump sum period is the period that begins on the first available bereavement adjustment payday and ends on the day on which the bereavement period ends.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 22

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Review of decisions definitions

22. In this Act, unless the contrary intention appears:
"AAT" means the Administrative Appeals Tribunal;
"AAT Act" means the Administrative Appeals Tribunal Act 1975;
"SSAT" means the Social Security Appeals Tribunal;
"SSAT rate of return decision" means a decision of the Social Security Appeals Tribunal on a rate of return decision in relation to an investment product.
Note 1: for "rate of return decision" in relation to an
investment product see subsection 9 (1).
Note 2: this definition is relevant to Part 6.4 (Review by
Social Security Appeals Tribunal) and Part 6.4 (Review by Administrative Appeals Tribunal).

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

23. (1) In this Act, unless the contrary intention appears:
"1947 Act" means the Social Security Act 1947;
"ABSTUDY" means the ABSTUDY scheme to the extent that it provides means-test allowances;
"ABSTUDY Schooling scheme" means the ABSTUDY Schooling part of the ABSTUDY scheme;
"ABSTUDY Tertiary scheme" means the ABSTUDY Tertiary part of the ABSTUDY scheme;
"actual market exchange rate" in relation to a foreign currency, means the on-demand airmail buying rate in relation to that foreign currency available at the Commonwealth Bank of Australia;
"additional amounts for dependent children" means amounts added to the maximum basic rate of a social security pension by way of dependent child add-on or guardian allowance;
"approved friendly society" means a society, person or body in relation to whom or in relation to which a determination under section 29 is in force;
"assurance of support debt" means a debt due and payable by a person to the Commonwealth because of the operation of subregulation 165 (1) of the Migration Regulations in respect of the payment to another person of special benefit under Part 2.15 of this Act;
"Australia" includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island;
Note: see also subsection 7 (4), (6) and (7) for special
residence rules for external Territories.
"AUSTUDY allowance" means a benefit paid under the AUSTUDY scheme;
"authorised review officer" means an officer authorised under section 1301 to perform duties as an authorised review officer for the purposes of this Act;
"benevolent home" means a home approved by the Secretary under section 34;
"building society account" means an account maintained by a person with an organisation registered as a permanent building society under a law of a State or Territory into which moneys received on deposit by the organisation from the person are paid;
"CES" means Commonwealth Employment Service;
"compensation debt" means an amount that a person is liable to pay to the Commonwealth because of a notice by the Secretary under section 1166 or 1170;
"computer" means a device that is used by the Department for storing or processing information;
"credit union account" means an account maintained by a person with an organisation registered as a credit union under the law of a State or Territory into which moneys received on deposit from the person are paid;
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975;
Note: subsection 3 (3) of the Administrative Appeals
Tribunal Act 1975 defines "decision" as including:
. making, suspending, revoking or refusing to make an order or determination;
. giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;
. issuing, suspending, revoking or refusing to issue a licence, authority or other instrument;
. imposing a condition or restriction;
. making a declaration, demand or requirement;
. retaining, or refusing to deliver up, an article;
. doing or refusing to do any other act or thing.
"dependent child add-on" means an amount included in a person's pension or benefit rate under:
(a) point 1064-C3 of Pension Rate Calculator A; or
(b) point 1065-C3 of Pension Rate Calculator B (items 1, 2 and 3 of Table C); or
(c) point 1066-C2 of Pension Rate Calculator C; or
(d) point 1067-E2 of Benefit Rate Calculator A; or
(e) point 1068-E2 of Benefit Rate Calculator B; or
(f) paragraph 47 (3) (a), (b) or (c) of the Veterans' Entitlements Act;
"education leavers waiting period" means:
(a) an unemployment benefit education leavers waiting period under sections
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541 and 542; or
(b) a job search allowance education leavers waiting period under sections 612 and 613; or
(c) a sickness benefit education leavers waiting period under sections 684 and 685;
"employment declaration" has the same meaning as in Part VA of the Income Tax Assessment Act;
"exempt income" means exempt income under subsection 23 (1) of the Income Tax Assessment Act;
"external Territory" does not include the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island;
"foreign exchange period" means:
(a) the period commencing 20 September and ending on the day before the pension payday that falls closest to the middle of the 6 month period commencing 20 September; and
(b) the period starting from the pension payday referred to in paragraph (a) and ending on 19 March; and
(c) the period commencing 20 March and ending on the day before the pension payday that falls closest to the middle of a 6 month period commencing 20 March; and
(d) the period starting from the pension payday referred to in paragraph (c) and ending on 19 September;
"guardian allowance" means an amount included in a person's pension or benefit rate under:
(a) point 1064-C7 of Pension Rate Calculator A; or
(b) point 1065-C3 of Pension Rate Calculator B (item 4 of Table C); or
(c) point 1066-C4 of Pension Rate Calculator C; or
(d) point 1067-E5 of Benefit Rate Calculator A; or
(e) point 1068-E5 of Benefit Rate Calculator B; or
(f) paragraph 47 (3) (e) of the Veterans' Entitlements Act;
"incentive allowance" means an amount under:
(a) Module J of Pension Rate Calculator A; or
(b) Module F of Pension Rate Calculator B;
"Income Tax Assessment Act" means the Income Tax Assessment Act 1936;
"joint ownership" includes ownership as joint tenants or as tenants in common;
"JSA automatic deferment provision" (job search allowance deferment provision) means:
(a) subsection 614 (3) (failure to comply with Secretary's requirements); or
(b) subsection 615 (1) (unemployment due to voluntary act); or
(c) subsection 616 (1) (unemployment due to misconduct); or
(d) subsection 617 (1) (refusal of job offer); or
(e) subsection 618 (1) (removal from allowance for failure to take reasonable steps to find work); or
(f) subsection 619 (1) (failure to comply with notification requirements);
"JSA discretionary deferment provision" (job search allowance discretionary deferment provision) means:
(a) subsection 614 (1) (failure to comply with Secretary's requirements); or
(b) subsection 620 (1) (failure to continue CFS registration); or
(c) subsection 621 (1) (seasonal workers);
"major disaster" means:
(a) the earthquake that caused severe damage to parts of Newcastle on 28 December 1989; or
(b) a disaster in respect of which a declaration is in force under section 36;
"medical practitioner" means a person registered and licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners;
"mental hospital" means premises in relation to which a declaration by the Secretary under section 30 is in force;
"mental hospital patient" means:
(a) a person who:
(i) has been admitted to a mental hospital as a patient of the hospital; and
(ii) is shown on the records of the hospital as a patient (other than an outpatient) of the hospital; or
(b) a person who:
(i) is being transferred to a mental hospital; and
(ii) will become a mental hospital patient within the meaning of paragraph (a) at that hospital; and
(iii) immediately before being transferred, was a mental hospital patient within the meaning of paragraph (a) at another mental hospital;
"NEIS payment" means a payment under the scheme known as the New Enterprise Incentive Scheme;
"non-profit organisation" means:
(a) an organisation that is not carried on for the purposes of profit or gain to its individual members and is:
(i) a religious organisation; or

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(ii) an organisation the principle objects or purposes of which are charitable or benevolent; or
(iii) an organisation of former members of the Defence Force established in every State or a State branch of such an organisation; or
(iv) an organisation approved by the Minister for the purposes of this Part; and
(b) the trustee under a trust established by an organisation referred to in paragraph (a); and
(c) a corporation established by an organisation referred to in paragraph (a); and
(d) a local governing body established by or under a law of a State or Territory; and
(e) the trustee under a trust established by such a local governing body; and
(f) a corporation established by such a local governing body; and
(g) the trustee under a trust:
(i) established for charitable or benevolent purposes; and
(ii) approved by the Minister for the purpose of Part 2.9;
"nursing home" means premises that are:
(a) an approved nursing home for the purposes of the National Health Act 1953 or the Nursing Homes Assistance Act 1974; or
(b) an approved home for the purposes of the Aged or Disabled Persons Homes Act 1954; or
(c) an approved hostel for the purposes of the Aged or Disabled Persons Hostels Act 1972; or
(d) made available for the accommodation of the person by an approved organisation providing hostel care services or personal care services to the person for the purposes of Part III of the Aged or Disabled Persons Homes Act 1954;
"officer" means a person performing duties, or exercising powers or functions under or in relation to this Act and, in the case of sections 1312 to 1321, includes:
(a) a person who has been such a person; and
(b) a person who is or has been appointed, or employed by the Commonwealth and who, as a result of that appointment or employment may acquire or has acquired information concerning a person under this Act; and
(c) a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services may acquire or has acquired information concerning a person under this Act;
"ordinary waiting period" means:
(a) an unemployment benefit ordinary waiting period under sections 539 and 540; or
(b) a job search allowance ordinary waiting period under sections 610 and 611; or
(c) a sickness benefit ordinary waiting period under sections 682 and 683;
"pension age", in relation to a person, means:
(a) if the person is a woman - the age of 60 years; or
(b) if the person is a man - the age of 65 years;
"pension payday" means:
(a) the Thursday that falls on 4 July 1991; and
(b) each succeeding alternate Thursday;
"pension period" means a period that:
(a) starts immediately after a pension payday; and
(b) ends at the end of the next pension payday;
"protected information" means information about a person that is held in the records of the Department;
"receive" has the meaning given by subsections (2), (3) and (4);
"recipient notification notice" means a notice given by the Secretary under section 68, 121, 172, 222, 284, 341, 389, 435, 487, 572, 644, 713, 759, 808, 873, 930, 978, 1023 or 1054;
"recipient statement notice" means a notice given by the Secretary under section 69, 122, 173, 223, 285, 342, 390, 436, 488, 573, 645, 714, 760, 809, 874, 931, 979, 1024 or 1055;
"rehabilitation program" means:
(a) a rehabilitation program under Part III of the Disability Services Act 1986; or
(b) a follow-up program in relation to which a determination by the Secretary under section 31 is in force;
"Secretary" means the Secretary to the Department;
"service pension" means:
(a) an age service pension under Part III of the Veterans' Entitlements Act; or
(b) an invalid service pension; or
(c) a wife service pension under Part III of the Veterans' Entitlements Act; or
(d) a carer service pension under Part III of the Veterans' Entitlements Act;
"social security benefit" means:
(a) unemployment benefit; or

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(b) job search allowance; or
(c) sickness benefit; or
(d) special benefit;
"social security pension" means:
(a) an age pension; or
(b) an invalid pension; or
(c) a wife pension; or
(d) a carer pension; or
(e) a sole parent pension; or
(f) a widowed person allowance; or
(g) a widow B pension; or
(h) a sheltered employment allowance; or
(j) a rehabilitation allowance; or
(k) a special needs pension;
"specified foreign country" means a country determined by the Minister to be a specified foreign country under subsection 38 (1);
"tax file number" has the same meaning as in Part VA of the Income Tax Assessment Act;
"tax year" has the same meaning as "year of income" has in the Income Tax Assessment Act;
Note: section 6 of the Income Tax Assessment Act defines
"year of income" as the financial year (1 July to 30 June) or, if another accounting period has been adopted under section 18 of that Act instead of the financial year, that accounting period.
"taxable income" has the same meaning as in the Income Tax Assessment Act;
"transfer day", in relation to a transferee to a social security benefit, has the meaning given by subsections (6) and (7);
"transferee to a social security benefit" has the meaning given by subsections (6) and (7);
"UB automatic deferment provision" (unemployment benefit deferment provision) means:
(a) subsection 543 (3) (failure to comply with Secretary's requirements); or
(b) subsection 544 (1) (unemployment due to voluntary act); or
(c) subsection 545 (1) (unemployment due to misconduct); or
(d) subsection 546 (1) (refusal of job offer); or
(e) subsection 547 (1) (removal from benefit for failure to take reasonable steps to find work); or
(f) subsection 548 (1) (failure to comply with notification requirements);
"UB discretionary deferment provision" (unemployment benefit discretionary deferment provision) means:
(a) subsection 543 (1) (failure to comply with Secretary's requirements); or
(b) subsection 549 (1) (failure to continue CES registration); or
(c) subsection 550 (1) (seasonal workers);
"unused annual leave", in relation to a person, means:
(a) leave described as annual leave, recreation leave or annual holidays; or
(b) leave that is granted for reasons that are the same as, or similar to, the reasons for which annual leave, recreation leave or annual holidays are granted;
that is unused when the person becomes unemployed or when
the person's employment with an employer ends;
"unused annual leave waiting period" means:
(a) an unemployment benefit unused annual leave waiting period under sections 536 to 538; or
(b) a job search allowance unused annual leave waiting period under sections 607 to 609; or
(c) a sickness benefit unused annual leave waiting period under sections 679 to 681;
"Veterans' Entitlements Act" or "VEA" means the Veterans' Entitlements Act 1986;
"waiting period" means:
(a) an unemployment benefit unused annual leave waiting period under sections 536 to 538; or
(b) an unemployment benefit ordinary waiting period under sections 539 and 540; or
(c) an unemployment benefit education leavers waiting period under sections 541 and 542; or
(d) a job search allowance unused annual leave waiting period under sections 607 to 609; or
(e) a job search allowance ordinary waiting period under sections 610 and 611; or
(f) a job search allowance education leavers waiting period under sections 612 and 613; or
(g) a sickness benefit unused annual leave waiting period under sections 679 to 681; or
(h) a sickness benefit ordinary waiting period under sections 682 and 683; or
(j) a sickness benefit education leavers waiting period under sections 684
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and 685;
"widow" means a woman who was the partner of a man immediately before he died.
(2) For the purposes of this Act (other than section 735), a person is taken to be receiving a social security pension or a social security benefit from the earliest day on which the pension or benefit is payable to the person even if the first instalment of the pension or benefit is not paid until a later day.
(3) For the purposes of this Act, a person is to be taken to be receiving a social security pension until the latest day on which the pension is payable to the person even if the last instalment of the pension is paid before that day.
(4) For the purposes of this Act, a person is to be taken to be receiving a social security benefit until the latest day for which the benefit is payable to the person even if the last instalment of the benefit is not paid until a later day.
(5) For the purposes of this Act, a person is in gaol if the person:
(a) is imprisoned in connection with the person's conviction for an offence; or
(b) is being lawfully detained in a place other than a prison, in connection with the person's conviction for an offence; or
(c) is undergoing a period of custody pending trial or sentencing for an offence.

Transferee to social security benefit
(6) If:
(a) a person becomes qualified for a social security benefit (in this subsection called the "new benefit"); and
(b) immediately before becoming qualified for the new benefit the person is receiving:
(i) a social security or service pension; or
(ii) another social security benefit;
(in this subsection called the "old pension or benefit"); and
(c) the person ceases to receive the old pension or benefit; the person is a transferee to the new benefit and the person's transfer day is the day that immediately follows the day on which the person ceases to receive the old pension or benefit.
(7) If:
(a) a person becomes qualified for a social security benefit (in this subsection called the "new benefit"); and
(b) immediately before becoming qualified for the new benefit:
(i) the person is a member of a couple; and
(ii) the person's partner is receiving:
(A) a social security benefit; or
(B) a sheltered employment allowance; or
(C) a rehabilitation allowance; and
(iii) the rate of the partner's benefit or allowance is increased by reference to the person;
the person is a transferee to the new benefit and the person's transfer day is the day on which the person becomes qualified for the new benefit.
(8) Subject to subsection (9), "psychiatric confinement" in relation to a person includes confinement in:
(a) a psychiatric section of a hospital; and
(b) any other place where persons with psychiatric disabilities are, from time to time, confined.
(9) The confinement of a person in a psychiatric institution during a period when the person is undertaking a course of rehabilitation is not to be taken to be psychiatric confinement.
(10) If a person is subject to an unused annual leave waiting period or an ordinary waiting period for a social security benefit under Part 2.11 (unemployment benefit), Part 2.12 (job search allowance) or Part 2.14 (sickness benefit), the person is to be taken to have served the waiting period if, and only if:
(a) the waiting period has ended; and
(b) the person was, throughout the waiting period, qualified for the social security benefit.
Note 1: for "unused annual leave waiting period" see sections 536, 607 and 679.
Note 2: for "ordinary waiting period" see sections 539, 610 and 682.
Participation in pension loans scheme
(11) For the purposes of this Act, a person is participating in the pension loans scheme if:
(a) the person has made a request to participate in the scheme under section 1136; and
(b) because of the request, the value of the person's assets (or if the person is a member of a couple, the couple's assets) has been disregarded when determining the rate of pension or allowance payable to the person; and
(c) the person owes a debt to the Commonwealth under section 1135.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 1.3
PART 1.3 - DETERMINATIONS HAVING INTERPRETATIVE EFFECT

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 24

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

24. (1) Where:
(a) a person is legally married to another person; and
(b) the person is not living separately and apart from the other person on a permanent basis; and
(c) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;
the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
(2) Where:
(a) a person is living with another person as the spouse of that other person on a genuine domestic basis; and
(b) the person is not legally married to the other person; and
(c) the other person is of the opposite sex; and
(d) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;
the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 25
Independent living training (incentive allowance)

25. The Secretary may determine that training specified in the determination is to be independent living training for the purposes of this Act.
Note: incentive allowance may be available to a person who is receiving an invalid pension, a rehabilitation allowance or a sheltered employment allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 26
Approval of short-term vocational courses (UB and JSA work test)

26. The National Director of the CES may, for the purposes of sections 522, 524 and 597, by writing, approve full-time training courses of up to 4 weeks duration which he or she considers to be vocationally useful.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 27
Approval of vocational courses (UB work test)

27. The National Director of the CES may, for the purposes of section 525, by writing, approve full-time training courses of up to13 weeks duration which he or she considers to be vocationally useful.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 28
Approval of voluntary organisations (UB and JSA work test)

28. The National Director of the CES may, for the purposes of sections 523, 526, 527 and 598, by writing, approve organisations which he or she considers provide vocationally useful full-time voluntary work.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 29
Approval of friendly societies

29. Where:
(a) a society is registered or incorporated under a law of a State or of a Territory relating to friendly societies; or
(b) in the Secretary's opinion, a person or body:
(i) is similar in character to a friendly society; and
(ii) provides benefits similar to the benefits provided by a friendly society;
the Secretary may determine that the society, person or body is to be an approved friendly society for the purposes of this Act.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 30
Approval of mental hospitals

30. If the Secretary is satisfied that accommodation for persons with a mental disability is provided at particular premises, he or she may declare the premises to be a mental hospital for the purposes of this Act.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 31
Approval of follow-up rehabilitation programs

31. The Secretary may determine that:
(a) a follow-up program under Part III of the Disability Services Act 1986; or
(b) each of the programs included in a class of follow-up programs under that Part;
are follow-up programs for the purposes of this Act.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 32
Approval of sheltered employment - non-profit organisation

32. (1) Where the Secretary is satisfied that:
(a) a non-profit organisation provides paid employment for disabled persons at certain premises; and
(b) at least 50% of the persons employed at the premises are disabled persons;
the Secretary may determine that the paid employment provided at the premises by the organisation is sheltered employment. Note: for "non-profit organisation" see subsection 23 (1).
(2) For the purposes of subsection (1), a disabled person is a person:
(a) who is:
(i) permanently incapacitated for work; and
(ii) the degree of the incapacity for work is 85% or more; and
(iii) 50% or more of the incapacity for work is directly caused by a physical or mental impairment; or

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(b) who, in the Secretary's opinion, would satisfy paragraph (a) if the person were no longer engaged in paid employment.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 33
Approval of sheltered employment - supported employment

33. (1) Where:
(a) the Minister administering the Disability Services Act 1986 has approved a grant of financial assistance to a non-profit organisation under subsection 10 (1) of that Act; and
(b) the financial assistance relates to the provision by the organisation of supported employment services within the meaning of section 7 of that Act;
the Secretary may determine that the paid employment to which those supported employment services relates is sheltered employment. Note: for "non-profit organisation" see subsection 23 (1).
(2) Subject to subsection (3), a determination under subsection (1) may relate to employment provided before or after the day of determination.
(3) A determination under subsection (1) may not relate to employment provided before 5 June 1987.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 34
Approval of benevolent homes

34. Where a home:
(a) is conducted for benevolent purposes; and
(b) is wholly or partly maintained by contributions from:
(i) the Consolidated Revenue Fund of the Commonwealth; or
(ii) the consolidated revenue of a State or of the Australian Capital Territory or the Northern Territory;
the Secretary may approve the home for the purposes of this Act.
Note: benevolent homes may receive pension payments on behalf of inmates in some cases - see section 60, 113, 164, 274 or 381.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 35
Approval of care organisation

35. (1) The Secretary may approve:
(a) a charitable or religious organisation; and
(b) any other organisation;
that co-ordinates or provides residential care services to young people in Australia, as an approved care organisation, for the purposes of this Act.
(2) The Secretary may approve, under subsection (1), a charitable or religious organisation which is wholly or partly funded by contributions from:
(i) the Consolidated Revenue Fund of the Commonwealth; or
(ii) the consolidated revenue of a State or of the Australian Capital Territory or the Northern Territory.
(3) The Secretary is not to approve, under subsection (1), a mental hospital which is either:
(a) maintained by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or
(b) mainly dependent upon financial assistance from the Commonwealth, a State, the Australian Capital Territory or the Northern Territory.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 36
Major disaster

36. (1) The Minister may declare that a disaster that:
(a) caused a significant number of deaths, serious illnesses or serious injuries; or
(b) caused significant damage to property;
is a major disaster for the purposes of this Act.
(2) The disaster may be one that occurs naturally or one that is caused by humans.
(3) A declaration under this section is to be made by notice in the Gazette.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 37
Dependent child - inmate of a mental hospital

37. (1) A young person is taken to be a dependent child of another person (in this section called the "adult") for the purposes of Part 2.17 (family allowance) if:
(a) the young person is an inmate of a mental hospital; and
(b) the mental hospital is either:
(i) maintained by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or
(ii) mainly dependent upon financial assistance from the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; and
(c) the adult is making a reasonable contribution towards the expenses of maintaining the young person; and
(d) the Secretary determines that the young person is to be taken to be a dependent child of the adult.
(2) Where the adult is the male member of a couple, the Secretary may determine, under paragraph (1) (d), that the young person is to be taken to be the dependent child of the female member of the couple.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 38
Specification of foreign country

38. (1) The Minister may determine that a foreign country is to be a specified foreign country for the purposes of this Act by notice in the Gazette.

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(2) A notice is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 1.4
PART 1.4 - MISCELLANEOUS

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 39
Tables, calculators etc. form part of section

39. (1) For the purposes of this Act, a Table and a Key to a Table are to be taken to be part of:
(a) if the Table occurs in a section containing subsections - the subsection immediately preceding the Table; and
(b) if the Table occurs in a section that does not contain subsections - the section.
(2) For the purposes of this Act, a Calculator (whether a Rate Calculator, a Lump Sum Calculator or any other Calculator) is to be taken to be part of the section immediately preceding the Calculator.
(3) Rate Calculators are divided into Modules (for example, Module A).
(4) A Module of a Rate Calculator is divided into points.
(5) The points in a Module are numbered as follows:
(a) the initial number (followed by a dash) identifies the section that immediately precedes the Rate Calculator;
(b) the letter following the dash is the letter allocated to the Module in which the point occurs;
(c) the final number identifies the order of the point within the Module.
Example: point 1068-E8 is the eighth point in Module E of the Rate Calculator at the end of section 1068.
Note: paragraph (5) (a) has been adopted so that if a reader is looking for a particular section of the Act and opens a page that happens to be in the middle of a Rate Calculator, the reader will know whether the section the reader is looking for is before or after that page.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - CHAPTER 2 CHAPTER 2 - PENSIONS, BENEFITS AND ALLOWANCES

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.1
PART 2.1 - INTRODUCTION

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 40
Order of provisions/structure of Parts

40. (1) In each Part dealing with a pension, benefit or allowance, this is the order in which the provisions are presented:
(a) qualification and payability provisions (who is entitled to the payment);
(b) claim provisions (how is a claim made);
(c) rates provisions (how much will the payment be);
(d) determination of claim (when it will be granted from);
(e) payment provisions (how will payment be made and when will it commence);
(f) protection (how payments will be protected);
(g) recipient obligations provisions (what does the recipient need to do);
(h) variation and termination provisions (when can payment and rate be reviewed or changed);
(j) bereavement payments (payments available when a person's partner or child has died);
(k) fringe benefits (concessions available to people receiving that pension, benefit or allowance).
(2) Other relevant provisions are referred to in notes at the bottom of key provisions in the Part.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 41
Qualification for/payability of pension, benefit or allowance

41. Before a pension, benefit or allowance is payable to a person under this Act:
(a) the person must be qualified for the pension, benefit or allowance; and
(b) there must be nothing in this Act that makes the pension, benefit or allowance not payable to the person (for example, a waiting period provision, a multiple entitlement exclusion provision or a compensation preclusion provision).
Note: provisions in the Act relating to paragraph (a) matters refer to the "person" being "qualified", "disqualified" or "not qualified" for the pension, benefit or allowance and provisions in the Act relating to paragraph (b) matters refer to the "pension, benefit or allowance" being "payable" or "not payable" to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 42
Payday-based payments and period-based payments

42. (1) Some payments under this Act are payday-based and others are period-based.
(2) If a payday-based payment is payable to a person, the person will be paid a full instalment of the payment on each payday during the period during which the payment is payable to the person and will be paid nothing on a payday outside that period.
Note: the payday-based payments are the social security pensions, family allowance and family allowance supplement.
(3) If a period-based payment is payable to a person, the person will be
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paid only for the particular period (which might be less than a fortnight) in respect of which the payment is payable.
Note 1: the period-based payments are the social security benefits.
Note 2: the qualifications for a period-based payment usually require the qualifying conditions to be met throughout a particular period and the payment is expressed as being "in respect of" or "for" that period.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.2
PART 2.2 - AGE PENSION

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and payability of age pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 43
Qualification for age pension

43. (1) A person is qualified for an age pension if the person:
(a) has turned:
(i) if the person is a woman - 60; or
(ii) if the person is a man - 65; and
(b) has 10 years qualifying Australian residence.
Note: for "qualifying Australian residence" see section 7.
(2) Subsection (1) has effect subject to sections 1218 and 1219 (departure certificate requirements for people leaving Australia).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 44
Age pension not payable in some circumstances

44. (1) Even though a person is qualified for an age pension, the pension may not be payable to the person because:
(a) the pension has not commenced to be payable (see sections 45 and 56); or
(b) the person is in gaol (see Part 3.13); or
(c) the person is receiving another pension or benefit (see section 47).
(2) An age pension is not payable to a person if the person's age pension rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 45
Age pension generally not payable before claim

45. An age pension is not payable to a person before the person's provisional commencement day (identified under section 46).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 46
Provisional commencement day
General rule

46. (1) Subject to subsections (2) and (3), a person's provisional commencement day is the day on which the person claims the age pension.

Initial incorrect claim followed by claim for age pension
(2) If:
(a) a person makes a claim (in this subsection called the "initial claim") for:
(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to an age pension; and
(b) on the day on which the person makes the initial claim, the person is qualified for an age pension; and
(c) the person subsequently makes a claim for an age pension; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person's provisional commencement day is the day on which the person made the initial claim.

Early claim
(3) If:
(a) a person lodges a claim for an age pension; and
(b) the person is not, on the day on which the claim is lodged, qualified for an age pension; and
(c) the person becomes qualified for an age pension sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;
the person's provisional commencement day is the first day on which the person is qualified for the pension and is an Australian resident and in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 47
Multiple entitlement exclusion

47. An age pension is not payable to a person if the person is receiving:
(a) another social security pension; or
(b) a social security benefit; or
(c) a service pension.
Note: "social security pension" includes sheltered employment and rehabilitation allowances and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for age pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 48

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Need for a claim

48. (1) A person who wants to be granted an age pension must make a proper claim for that pension.
Note: for "proper claim" - see section 49 (form), section 50 (manner of lodgment) and section 51 (residence/presence in Australia).
(2) For the purposes of subsection (1), if:
(a) a claim for age pension is made by or on behalf of a person; and
(b) at the time when the claim is made, the claim cannot be granted because the person is not qualified for that pension; the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 49
Form of claim

49. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 50
Lodgment of claim

50. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.
(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.
Note: for international agreements see 4.1.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 51
Claimant must be Australian resident and in Australia

51. A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note 1: for "Australian resident" see subsections 7 (2) and (3).
Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 52
Secretary to determine claim

52. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 53
Grant of claim

53. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for an age pension; and
(b) the pension is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 54
Date of effect of determination

54. (1) Subject to subsections (2), (3) and (4), a determination under section 53 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for age pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for age pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for age pension; and

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(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Rate of age pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 55
How to work out a person's age pension rate

55. A person's age pension rate is worked out:
(a) if the person is not permanently blind - using Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or
(b) if the person is permanently blind - using Pension Rate Calculator B at the end of section 1065 (see Part 3.3).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Payment of age pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 56
Commencement of age pension

56. An age pension becomes payable to a person on the first day on which:
(a) the person is qualified for the pension; and
(b) no provision of this Act makes the pension not payable to the person.
Note 1: for qualification see section 43.
Note 2: for the circumstances in which an age pension is not payable see section 44.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 57
Payment by instalments

57. (1) A full instalment of age pension is payable to a person on each pension payday on which:
(a) the person is qualified for the pension; and
(b) the pension is payable to the person.
(2) If the person is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 58
Effect on instalments of backdating claim

58. If:
(a) a person lodges a claim for an age pension on a particular day (in this section called the "claim day"); and
(b) the person's provisional commencement day is before the claim day;
any instalment of age pension that would, but for this section, be payable, is payable to the person:
(c) if the claim day was a pension payday - on that day; or
(d) the first pension payday after the claim day.
Note: for "provisional commencement day" see section 46.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 59
Calculation of amount of instalment

59. (1) The amount of an instalment of age pension is the amount worked out by dividing the amount of the annual rate of the pension by 26.
(2) If the amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by5 cents.
(4) If, apart from this subsection, the amount of an instalment of age pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 60
Inmates of benevolent homes

60. (1) While a person who is receiving an age pension is an inmate of a benevolent home:
(a) so much of the person's pension as does not exceed the pensioner contribution is to be paid to the person who controls the benevolent home for the maintenance of the person in the benevolent home; and
(b) the balance (if any) is to be paid to the person receiving the pension.
(2) For the purposes of this section, the pensioner contribution is, subject to subsection (3), 364 times the amount in force from time to time for the purposes of subparagraph 47 (2) (b) (iii) of the National Health Act 1953.
(3) If the amount worked out under subsection (2) is not a multiple of $2.60, the pensioner contribution is the next lower amount that is a multiple of $2.60.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 61
Manner of payment

61. A person's age pension is, subject to section 62, to be paid:
(a) to that person; and
(b) in the manner directed by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 62

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Nominee payments

62. (1) The Secretary may direct that the whole, or a part, of the amount of a person's age pension is to be paid to someone else on behalf of the person.
(2) If the Secretary makes a direction under subsection (1), the age pension is to be paid in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 63
Payment into bank account etc.

63. (1) The Secretary may direct that the whole or a part of the amount of a person's age pension is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account nominated and maintained by the person to whom the age pension is payable.
(3) The account may be an account that is maintained by a person to whom the age pension is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the age pension is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 64
Where pension payday would fall on public holiday etc.

64. If the Secretary is satisfied that an amount of age pension that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 65
Payment of pension after death

65. (1) If:
(a) an age pension is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of age pension payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in
special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If the Secretary pays an amount of age pension under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of age pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Protection of age pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 66
Age pension to be absolutely inalienable

66. (1) Subject to subsection (2) and section 1359, age pension is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of age pension payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 67
Effect of garnishee or attachment order

67. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of age pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method statement
Step 1. Work out the total amount of age pension payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Recipient obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 68
Secretary may require notice of the happening of an event or a
change in circumstances

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68. (1) The Secretary may give a person to whom an age pension is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the pension.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 69
Secretary may require recipient to give particular information
relevant to payment of age pension

69. (1) The Secretary may give a person to whom an age pension is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the pension to the person.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 70
Self incrimination

70. (1) A person is not excused from giving information pursuant to a notice under section 68 or 69 on the ground that the information may tend to incriminate the person.
(2) Information given by a person pursuant to a notice under section 68 or 69 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 68 (5) or (6) or 69 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 71
Continuing effect of determination
Entitlement determination

71. (1) A determination that:
(a) a person's claim for an age pension is granted; or

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(b) an age pension is payable to a person;
continues in effect until:
(c) the pension ceases to be payable under section 72 or 73; or
(d) a further determination in relation to the pension under section 78 has taken effect.
Note 1: for paragraph (a) see section 53.
Note 2: for paragraph (b) see section 79 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination
(2) A determination of the rate of an age pension continues in effect until:
(a) the pension becomes payable at a lower rate under section 74 or 75; or
(b) a further determination in relation to the pension under section 76 or 77 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 72
Automatic termination - recipient complying with section 68
notification obligations

72. If:
(a) a person who is receiving an age pension is given a notice under section 68; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension would, but for this section, cease to be payable to the person; the pension continues to be payable to the person until the end of the notification period and then ceases to be payable to the person. Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's pension, there is no automatic rate reduction and a determination under section 77 must be made in order to bring the rate reduction into effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 73
Automatic termination - recipient not complying with section 68
notification obligations

73. If:
(a) a person who is receiving an age pension is given a notice under section 68; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension ceases to be payable to the person;
the pension ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 74
Automatic rate reduction - recipient not complying with section
68 notification obligations

74. If:
(a) a person who is receiving an age pension is given a notice under section 68; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of pension is to be reduced;
the pension becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstance occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 75
Automatic rate reduction - failure to inform Department of payment for remunerative work where earnings credit account balance available

75. If:
(a) a person who is receiving an age pension is given a notice under
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section 68; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the pension becomes payable to the person at the reduced rate from the first pension payday after the day on which the person's earnings credit account balance is reduced to nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 76
Rate increase determination

76. If the Secretary is satisfied that the rate at which an age pension is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 80.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 77
Rate reduction determination

77. If the Secretary is satisfied that the rate at which an age pension is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 74 or 75 (see subsection 71 (2)).
Note 2: for the date of effect of a determination under this section see section 81.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 78
Cancellation or suspension determination

78. If the Secretary is satisfied that an age pension is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the pension is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 72 or 73 (see subsection 71 (1)).
Note 2: for the date of effect of a determination under this section see section 81.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 79
Resumption of payment after cancellation or suspension

79. (1) If the Secretary:
(a) cancels or suspends a person's age pension under section 78; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the person did not receive an age pension that was payable to the person; or
(B) the person is not receiving an age pension that is payable to the person;
the Secretary is to determine that an age pension was or is payable to the person.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section 80.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 80
Date of effect of favourable determination

80. (1) The day on which a determination under section 76 or 79 (in this section called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's age pension; and
(b) a notice is given to the person to whom the age pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

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Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's age pension; and
(b) a notice is given to the person to whom the age pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's age pension; and
(b) no notice is given to the person to whom the age pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances
(5) If:
(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination
(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsections 5 (12) and (13), that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;
the determination takes effect on the day on which the young person became a prescribed student child.

Other determinations
(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 81
Date of effect of adverse determination
General

81. (1) The day on which a determination under section 77 or 78 (in this section called the "adverse determination") takes effect is worked out in
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accordance with this section.
Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act
(4) If:
(a) the person whose age pension is affected by the adverse determination has contravened a provision of this Act (other than section 69, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - suspension or cancellation
(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the pension has been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the pension was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 9
Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Death of pensioner partner

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 82
Qualification for payments under this Subdivision

82. (1) If:
(a) a person is receiving an age pension; and
(b) the person is a member of a couple; and
(c) the person's partner dies; and
(d) immediately before the partner died, the partner was receiving:
(i) an age pension; or
(ii) an invalid pension; or
(iii) a wife pension; or
(iv) a carer pension; or
(v) a sole parent pension under subparagraph 249 (1) (a) (iv) (illness separated couple); or
(vi) a sheltered employment allowance instead of an invalid pension; or
(vii) a rehabilitation allowance instead of a pension referred to in subparagaph (i), (ii) or (iii); or
(viii) a special needs age, invalid, wife or sole parent pension; or
(ix) a service pension;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 83 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 84 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.
(4) If a person is qualified for payments under this Subdivision in relation to the partner's death, the rate at which age pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 85.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 83
Continued payment of partner's pension or allowance

83. If a person is qualified for payments under this Subdivision in relation
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to the death of the person's partner, there is payable to the person, on each of the pension paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that payday if the partner had not died.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 84
Lump sum payable in some circumstances

84. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person's partner
had not died, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday; and
(b) the amount that, if the partner had not
payday immediately before the first available bereavement adjustment payday;
the result is called the combined pensioner couple rate. Step 2. Work out the amount that, but for section 85, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period. Step 5. Multiply the partner's instalment component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 85
Adjustment of person's age pension rate

85. If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 82 (2) not to receive payments under this Subdivision; the rate of the person's age pension during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of age pension payable to the person is the rate at which the pension would have been payable to the person if the person's partner had not died;
(d) during the bereavement lump sum period (if any), the rate at which age pension is payable to the person is the rate at which the age pension would be payable to the person apart from this Subdivision.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 86
Effect of death of person entitled to payments under this Subdivision

86. 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 sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person on the pension payday immediately after the day on which the person dies; and
(b) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person's partner on that pension payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 85, would have been payable to the person on the pension payday had not died: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the period that commences on the day after the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 87
Matters affecting payment of benefits under this Subdivision

87. (1) If:
(a) a person is qualified for payments under this Subdivision in relation
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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, credit union or building society (in this subsection called the "financial institution"); and
(c) the financial institution pays to the person, out of the 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 person's partner or anyone else in respect of the payment of that money to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Death of dependent child

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 88
Bereavement payments on death of dependent child

88. If:
(a) a person is receiving an age pension; and
(b) a dependent child of the person dies; and
(c) immediately before the child died, the person's age pension rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 89 provides for age pension to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 90 provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new age pension rate and the rate at which the pension would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional remote area allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 89
Continued payment of child-related amounts

89. If a person is qualified for payments under this Subdivision in relation to the death of a dependent child, the person's age pension rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 90
Lump sum payable in some circumstances

90. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of a dependent child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance for the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.
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LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the instalment of age pension payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 89 applies in working out the amount of
within the bereavement rate continuation period.
Step 2. Work out the instalment of age pension that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's age pension rate were not calculated under section 89: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Death of recipient

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 91
Death of recipient

91. (1) If:
(a) a person is receiving age pension; and
(b) either:
(i) the person is not a member of a couple; or
(ii) the person is a member of a couple and the person's partner:
(A) is not receiving a social security pension; and
(B) is not receiving a social security benefit; and
(C) 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 pension 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 1: for amounts owing to the recipient before the recipient's death see section 65.
Note 2: for death of a person qualified for bereavement payments under Subdivision A see section 86.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 10
Division 10 - Fringe benefits

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 92
Fringe benefits

92. If a person who is receiving an age pension qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 93
Qualification for fringe benefits

93. (1) A person who is receiving an age pension is qualified for fringe benefits if:
(a) the person is permanently blind; or
(b) the person's age pension rate is neither income reduced nor assets reduced.
(2) If:
(a) a person who is receiving an age pension is not qualified for fringe benefits under subsection (1); and
(b) the person's age pension rate is income reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
(3) If:
(a) a person who is receiving an age pension is not qualified for fringe benefits under subsection (1); and
(b) the person's age pension rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.3
PART 2.3 - INVALID PENSION

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and payability of invalid pension

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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 94
Qualification for invalid pension
Permanent incapacity for work

94. (1) A person is qualified for an invalid pension if:
(a) the person is permanently incapacitated for work; and
(b) the degree of the incapacity for work is 85% or more; and
(c) 50% or more of the incapacity for work is directly caused by a physical or mental impairment; and
(d) the person has turned 16 and is under the pension age; and
(e) the person either:
(i) is an Australian resident at the time when the person
first satisfies paragraphs (a), (b) and (c); or
(ii) has 10 years qualifying Australian residence; or
(iii) is born outside Australia and, at the time when the
person first satisfies paragraphs (a), (b) and (c) the person:
(A) is not an Australian resident; and
(B) is a dependent child of an Australian resident;
and the person becomes an Australian resident while a dependent child of an Australian resident.
Note: for "Australian resident" and "qualifying Australian residence" see section 7.

Permanent blindness
(2) A person is qualified for an invalid pension if:
(a) the person is permanently blind; and
(b) the person has turned 16 and is under the pension age; and
(c) the person either:
(i) is an Australian resident at the time when the person first satisfies paragraph (a); or
(ii) has 10 years qualifying Australian residence; or
(iii) is born outside Australia and, at the time when the person first satisfies paragraph (a), the person:
(A) is not an Australian resident; and
(B) is a dependent child of an Australian resident;
and the person becomes an Australian resident while a dependent child of an Australian resident.
Note: for "Australian resident" and "qualifying Australian residence" see section 7.
(3) Subsections (1) and (2) have effect subject to sections 1218 and 1219 (departure certificate requirements for people leaving Australia).
(4) A person is not qualified for an invalid pension on the basis of incapacity or blindness if the person brought about the incapacity or blindness with a view to obtaining an invalid pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 95
Invalid pension not payable in some circumstances

95. (1) Even though a person is qualified for an invalid pension, the pension may not be payable to the person because:
(a) the pension has not commenced to be payable (see sections 96 and 109); or
(b) the person has not taken reasonable steps to claim or obtain compensation (see section 1164); or
(c) the person or the person's partner has received compensation (see Division 3 of Part 3.14); or
(d) the person is in gaol (see Part 3.13); or
(e) the person is receiving another pension or benefit (see section 98); or
(f) the person fails to comply with a requirement that the person:
(i) attend a medical examination; or
(ii) receive treatment; or
(iii) undertake a training course; or
(iv) do suitable work;
as required by section 99.
(2) An invalid pension is not payable to a person if the person's invalid pension rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 96
Invalid pension generally not payable before claim

96. An invalid pension is not payable to a person before the person's provisional commencement day (identified under section 97).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 97
Provisional commencement day
General rule

97. (1) Subject to subsections (2) and (3), a person's provisional commencement day is the day on which the person claims the invalid pension.

Initial incorrect claim followed by claim for invalid pension
(2) If:
(a) a person makes a claim (in this subsection called the "initial claim") for:

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(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to an invalid pension; and
(b) on the day on which the person makes the initial claim, the person is qualified for an invalid pension; and
(c) the person subsequently makes a claim for an invalid pension; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person's provisional commencement day is the day on which the person made the initial claim.

Early claim
(3) If:
(a) a person lodges a claim for an invalid pension; and
(b) the person is not, on the day on which the claim is lodged, qualified for an invalid pension; and
(c) the person becomes qualified for an invalid pension sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;
the person's provisional commencement day is the first day on which the person is qualified for the pension and is an Australian resident and in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 98
Multiple entitlement exclusion

98. An invalid pension is not payable to a person if the person is receiving:
(a) another social security pension; or
(b) a social security benefit; or
(c) a service pension.
Note: "social security pension" includes sheltered employment and rehabilitation allowances and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 99
Secretary may require person to have medical examination, attend
course or undertake work

99. (1) If:
(a) a person is receiving, or has lodged a claim for, an invalid pension; and
(b) the Secretary is of the opinion that the person should:
(i) undergo a medical or psychological examination; or
(ii) receive medical or other treatment; or
(iii) undertake a course of vocational training; or
(iv) do any work suitable to be done by the person; and
(c) the Secretary notifies the person that the person is required to:
(i) undergo that examination; or
(ii) receive that treatment; or
(iii) undertake that course; or
(iv) do that work; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person; and
(e) the person does not take reasonable steps to comply with the Secretary's requirements;
an invalid pension is not payable to the person for a period determined by the Secretary.
(2) The Secretary may determine that an invalid pension is payable for a period for which he or she had previously determined that it was not payable under subsection (1) if within a reasonable period the person takes reasonable steps to comply with the Secretary's requirements.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for invalid pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 100
Need for a claim

100. (1) A person who wants to be granted an invalid pension must make a proper claim for that pension.
Note: for "proper claim" - see section 101 (form), section 102 (manner of lodgment) and section 103 (residence/presence in Australia).
(2) For the purposes of subsection (1), where:
(a) a claim for invalid pension is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that pension;
the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 101
Form of claim

101. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 102
Lodgment of claim

102. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.

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(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.
(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.
Note: for international agreements see Part 4.1.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 103
Claimant must be Australian resident and in Australia

103. A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note 1: for "Australian resident" see subsections 7 (2) and (3). Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 104
Secretary to determine claim

104. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 105
Grant of claim

105. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for an invalid pension; and
(b) the pension is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 106
Date of effect of determination

106. (1) Subject to subsections (2), (3) and (4), a determination under section 105 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for invalid pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for invalid pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for invalid pension; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Medical examination following claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 107
Examination by medical practitioner

107. (1) The Secretary must direct that a claimant for an invalid pension be examined by a medical practitioner unless:
(a) it is manifest that the claimant is permanently incapacitated for work and that:
(i) the degree of the incapacity is 85% or more; and
(ii) 50% or more of the incapacity for work is directly caused by a permanent physical or mental impairment; or
(b) it is manifest that the claimant is permanently blind; or

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(c) the claimant resides in a place that is remote from any medical practitioner.
(2) After examining the claimant, the medical practitioner is to give a certificate stating the practitioner's opinion on the following matters:
(a) whether or not the claimant is permanently incapacitated for work;
(b) if the claimant is permanently incapacitated for work - whether or not:
(i) the degree of the incapacity is 85% or more; and
(ii) 50% or more of the incapacity for work is directly caused by a permanent physical or mental impairment;
(c) whether or not the claimant is permanently blind.
(3) A certificate under subsection (2) must be in accordance with a form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Rate of invalid pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 108
How to work out a person's invalid pension rate

108. A person's invalid pension rate is worked out:
(a) if the person is not permanently blind - using Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or
(b) if the person is permanently blind - using Pension Rate Calculator B at the end of section 1065 (see Part 3.3).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Payment of invalid pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 109
Commencement of invalid pension

109. An invalid pension becomes payable to a person on the first day on which:
(a) the person is qualified for the pension; and
(b) no provision of this Act makes the pension not payable to the person.
Note 1: for qualification see section 94.
Note 2: for the circumstances in which an invalid pension is not payable see section 95.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 110
Payment by instalments

110. (1) A full instalment of invalid pension is payable to a person on each pension payday on which:
(a) the person is qualified for the pension; and
(b) the pension is payable to the person.
(2) If a person who is qualified for an invalid pension is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 111
Effect on instalments of backdating claim

111. If:
(a) a person lodges a claim for an invalid pension on a particular day (in this section called the "claim day"); and
(b) the person's provisional commencement day is before the claim day;
any instalment of invalid pension that would, but for this section, be payable, is payable to the person:
(c) if the claim day was a pension payday - on that day; or
(d) the first pension payday after the claim day.
Note: for "provisional commencement day" see section 97

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 112
Calculation of amount of instalment

112. (1) The amount of an instalment of invalid pension is the amount worked out by dividing the amount of the annual rate of the pension by 26.
(2) If an amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
(4) If, apart from this subsection, the amount of an instalment of invalid pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 113
Inmates of benevolent homes

113. (1) While a person who is receiving an invalid pension is an inmate of a benevolent home:
(a) so much of the person's pension as does not exceed the pensioner contribution is to be paid to the person who controls the benevolent home for the maintenance of the person in the benevolent home; and
(b) the balance (if any) is to be paid to the person receiving the pension.
(2) For the purposes of this section, the pensioner contribution is, subject to subsection (3), 364 times the amount in force from time to time for the purposes of subparagraph 47 (2) (b) (iii) of the National Health Act 1953.
(3) If the amount worked out under subsection (2) is not a multiple of $2.60, the pensioner contribution is the next lower amount that is a multiple
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of $2.60.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 114
Manner of payment

114. A person's invalid pension is, subject to section 115, is to be paid:
(a) to that person; and
(b) in the manner directed by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 115
Nominee payments

115. (1) The Secretary may direct that the whole, or a part, of the amount of a person's invalid pension is to be paid to someone else on behalf of the person.
(2) If the Secretary makes a direction under subsection (1), the invalid pension is to be paid in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 116
Payment into bank account etc.

116. (1) The Secretary may direct that the whole or a part of the amount of a person's invalid pension is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account nominated and maintained by the person to whom the invalid pension is payable.
(3) The account may be an account that is maintained by a person to whom the invalid pension is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the invalid pension is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 117
Where pension payday would fall on public holiday etc.

117. If the Secretary is satisfied that an amount of invalid pension that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 118
Payment of pension after death

118. (1) If:
(a) an invalid pension is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of invalid pension payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If the Secretary pays an amount of invalid pension under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of invalid pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Protection of invalid pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 119
Invalid pension to be absolutely inalienable

119. (1) Subject to subsection (2) and section 1359, invalid pension is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of invalid pension payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 120
Effect of garnishee or attachment order

120. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of invalid pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method statement
Step 1. Work out the total amount of invalid pension payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:

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(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Recipient obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 121
Secretary may require notice of the happening of an event or a
change in circumstances

121. (1) The Secretary may give a person to whom an invalid pension is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the pension.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 122
Secretary may require recipient to give particular information
relevant to payment of invalid pension

122. (1) The Secretary may give a person to whom an invalid pension is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the pension to the person.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 123
Self incrimination

123. (1) A person is not excused from giving information pursuant to a notice under section 121 or 122 on the ground that the information may tend to incriminate the person.
(2) Information given by a person pursuant to a notice under section 121 or 122 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 121 (5) or (6) or 122 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 9

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Division 9 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 124
Continuing effect of determination
Entitlement determination

124. (1) A determination that:
(a) a person's claim for an invalid pension is granted; or
(b) an invalid pension is payable to a person;
continues in effect until:
(c) the pension ceases to be payable under section 125 or 126; or
(d) a further determination in relation to the pension under section 131 has taken effect.
Note 1: for paragraph (a) see section 105.
Note 2: for paragraph (b) see section 132 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination
(2) A determination of the rate of an invalid pension continues in effect until:
(a) the pension becomes payable at a lower rate under section 127 or 128; or
(b) a further determination in relation to the pension under section 129 or 130 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 125
Automatic termination - recipient complying with section 121
notification obligations

125. If:
(a) a person who is receiving an invalid pension is given a notice under section 121; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension would, but for this section, cease to be payable to the person;
the pension continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's pension, there is no automatic rate reduction and a determination under section 130 must be made in order to bring the rate reduction into effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 126
Automatic termination - recipient not complying with section 121
notification obligations

126. If:
(a) a person who is receiving an invalid pension is given a notice under section 121; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension ceases to be payable to the person;
the pension ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 127
Automatic rate reduction - recipient not complying with section
121 notification obligations

127. If:
(a) a person who is receiving an invalid pension is given a notice under section 121; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance
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with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of pension is to be reduced;
the pension becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstance occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 128
Automatic rate reduction - failure to inform Department of payment for
remunerative work where earnings credit account balance available

128. If:
(a) a person who is receiving an invalid pension is given a notice under section 121; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the pension becomes payable to the person at the reduced rate from the first pension payday after the day on which the person's earnings credit account balance is reduced to nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 129
Rate increase determination

129. If the Secretary is satisfied that the rate at which an invalid pension is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 133.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 130
Rate reduction determination

130. If the Secretary is satisfied that the rate at which an invalid pension is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 127 or 128 (see subsection 124 (2)).
Note 2: for the date of effect of a determination under this section see section 134.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 131
Cancellation or suspension determination

131. If the Secretary is satisfied that an invalid pension is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the pension is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 125 or 126 (see subsection 124 (1)).
Note 2: for the date of effect of a determination under this section see section 134.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 132
Resumption of payment after cancellation or suspension

132. (1) If the Secretary:
(a) cancels or suspends a person's invalid pension under section 131; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the person did not receive an invalid pension that was payable to the person; or
(B) the person is not receiving an invalid pension that is payable to the person;
the Secretary is to determine that an invalid pension was or is payable to the person.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative. Note: for the date of effect of a determination under this section see section 133.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 133
Date of effect of favourable determination

133. (1) The day on which a determination under section 129 or 132 (in this section called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made

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in relation to a person's invalid pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's invalid pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's invalid pension; and
(b) no notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances
(5) If:
(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination
(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsections 5 (12) and (13), that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment ceased, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;
the determination takes effect on the day on which the young person became a prescribed student child.

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Other determinations
(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 134
Date of effect of adverse determination
General

134. (1) The day on which a determination under section 130 or 131 (in this section called the "adverse determination") takes effect is worked out in accordance with this section.
Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act
(4) If:
(a) the person whose invalid pension is affected by the adverse determination has contravened a provision of this Act (other than section 122, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - suspension or cancellation
(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the pension has been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the pension was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 10
Division 10 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Death of pensioner partner

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 135
Qualification for payments under this Subdivision

135. (1) If:
(a) a person is receiving an invalid pension; and
(b) the person is a member of a couple; and
(c) the person's partner dies; and
(d) immediately before the partner died, the partner was receiving:
(i) an age pension; or
(ii) an invalid pension; or
(iii) a wife pension; or
(iv) a carer pension; or
(v) a sole parent pension under subparagraph 249 (1) (a) (iv) (illness separated couple); or
(vi) a sheltered employment allowance instead of an invalid pension; or
(vii) a rehabilitation allowance instead of a pension referred to in subparagraph (i), (ii) or (iii); or
(viii) a special needs age, invalid, wife or sole parent pension; or
(ix) a service pension;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 136 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 137 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
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this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
(4) If a person is qualified for payments under this Subdivision in relation to the partner's death, the rate at which age pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 138.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 136
Continued payment of partner's pension or allowance

136. 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 pension paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that payday if the partner had not died.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 137
Lump sum payable in some circumstances

137. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person's partner
had not died, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday; and
(b) the amount that, if the partner had not
died, would have been payable to the partner on the pension payday immediately before the first available bereavement adjustment payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 138, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the partner's instalment component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 138
Adjustment of person's invalid pension rate

138. If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 135 (2) not to receive payments under this Subdivision;
the rate of the person's invalid pension during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of invalid pension payable to the person is the rate at which the pension would have been payable to the person if the person's partner had not died;
(d) during the bereavement lump sum period (if any), the rate at which invalid pension is payable to the person is the rate at which the invalid pension would be payable to the person apart from this Subdivision.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 139
Effect of death of person entitled to payments under this Subdivision

139. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person's partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person on the pension payday immediately after the day on which the person dies; and
(b) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person's partner on that pension payday;

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the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 138, would have been payable to the person on the pension payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the period that commences on the day after the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 140
Matters affecting payment of benefits under this Subdivision

140. (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, credit union or building society (in this subsection called the "financial institution"); and
(c) the financial institution pays to the person, 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 person's partner or anyone else in respect of the payment of that money to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Death of dependent child

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 141
Bereavement payments on death of dependent child

141. If:
(a) a person is receiving an invalid pension; and
(b) a dependent child of the person dies; and
(c) immediately before the child died, the person's invalid pension rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 142 provides for invalid pension to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 143 provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new invalid pension rate and the rate at which the pension would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional incentive allowance;
. additional remote area allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 142
Continued payment of child-related amounts

142. If a person is qualified for payments under this Subdivision in relation to the death of a dependent child, the person's invalid pension rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and

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(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 143
Lump sum payable in some circumstances

143. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of a dependent child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance for the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the instalment of invalid pension payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 142 applies in working out the amount of
this instalment because the payday on which it is payable is within the bereavement rate continuation period.
Step 2. Work out the instalment of invalid pension that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's invalid pension rate were not calculated under section 142: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Death of recipient

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 144
Death of recipient

144. (1) If:
(a) a person is receiving invalid pension; and
(b) either:
(i) the person is not a member of a couple; or
(ii) the person is a member of a couple and the person's partner:
(A) is not receiving a social security pension; and
(B) is not receiving a social security benefit; and
(C) 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 pension 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 1: for amounts owing to the recipient before the recipient's death see section 118.
Note 2: for death of a person qualified for bereavement payments under Subdivision A see section 139.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 11
Division 11 - Fringe benefits

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 145
Fringe benefits

145. If a person who is receiving an invalid pension qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 146
Qualification for fringe benefits

146. (1) A person who is receiving an invalid pension is qualified for fringe benefits if:
(a) the person is permanently blind; or
(b) the person's invalid pension rate is neither income reduced nor assets reduced.
(2) If:
(a) a person who is receiving an invalid pension is not qualified for fringe benefits under subsection (1); and
(b) the person's invalid pension rate is income reduced;

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the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
(3) If:
(a) a person who is receiving an invalid pension is not qualified for fringe benefits under subsection (1); and
(b) the person's invalid pension rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.4
PART 2.4 - WIFE PENSION

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and payability of wife pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 147
Qualification for wife pension

147. (1) A person is qualified for a wife pension if the person:
(a) is a woman who is a member of a couple; and
(b) has a partner who:
(i) is receiving an age pension or invalid pension; or
(ii) is receiving a rehabilitation allowance and was, immediately before he became qualified for that allowance, receiving an invalid pension.
Note: for "member of a couple" see section 4.
(2) Subsection (1) has effect subject to:
(a) section 1215 (12 months limit on overseas portability in certain circumstances); and
(b) sections 1218 and 1219 (departure certificate requirements for people leaving Australia).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 148
Wife pension not payable in some circumstances

148. (1) Even though a person is qualified for a wife pension, the pension may not be payable to the person because:
(a) the pension has not commenced to be payable (see sections 149 and 160); or
(b) the person or the person's partner has received compensation (see Part 3.14); or
(c) the person is in gaol (see Part 3.13); or
(d) the person is receiving another pension or benefit (see section 151).
(2) A wife pension is not payable to a person if the person's wife pension rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 149
Wife pension generally not payable before claim

149. A wife pension is not payable to a person before the person's provisional commencement day (identified under section 150).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 150
Provisional commencement day
General rule

150. (1) Subject to subsections (2) and (3), a person's provisional commencement day is the day on which the person claims the wife pension.

Initial incorrect claim followed by claim for wife pension
(2) If:
(a) a person makes a claim (in this subsection called the "initial claim") for:
(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to a wife pension; and
(b) on the day on which the person makes the initial claim, the person is qualified for a wife pension; and
(c) the person subsequently makes a claim for a wife pension; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person's provisional commencement day is the day on which the person made the initial claim.

Early claim
(3) If:
(a) a person lodges a claim for a wife pension; and
(b) the person is not, on the day on which the claim is lodged, qualified for a wife pension; and
(c) the person becomes qualified for a wife pension sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;

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the person's provisional commencement day is the first day on which the person is qualified for the pension and is an Australian resident and in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 151
Multiple entitlement exclusion

151. A wife pension is not payable to a person if the person is receiving:
(a) another social security pension; or
(b) a social security benefit; or
(c) a service pension.
Note: "social security pension" includes sheltered employment and rehabilitation allowances and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for wife pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 152
Need for a claim

152. (1) A person who wants to be granted a wife pension must make a proper claim for that pension.
Note: "proper claim" - see section 153 (form), section 154 (manner of lodgment) and section 155 (residence/presence in Australia).
(2) For the purposes of subsection (1), where:
(a) a claim for wife pension is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that pension; the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 153
Form of claim

153. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 154
Lodgment of claim

154. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.
(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.
Note: for international agreements see Part 4.1.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 155
Claimant must be Australian resident and in Australia

155. A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note 1: for "Australian resident" see subsection 7 (2).
Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 156
Secretary to determine claim

156. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 157
Grant of claim

157. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for a wife pension; and
(b) the pension is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 158
Date of effect of determination

158. (1) Subject to subsections (2), (3) and (4), a determination under section 157 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for wife pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
Notified decision - review sought after 3 months
(3) If:

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(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for wife pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.
Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for wife pension; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Rate of wife pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 159
How to work out the rate of wife pension

159. A person's wife pension rate is worked out using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Payment of wife pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 160
Commencement of wife pension

160. A wife pension becomes payable to a person on the first day on which:
(a) the person is qualified for the pension; and
(b) no provision of this Act makes the pension not payable to the person.
Note 1: for qualification see section 147.
Note 2: for the circumstances in which a wife pension is not payable see section 148.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 161
Payment by instalments

161. (1) A full instalment of wife pension is payable to a person on each pension payday on which:
(a) the person is qualified for the pension; and
(b) the pension is payable to the person.
(2) If a person who is qualified for a wife pension is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 162
Effect on instalments of backdating claim

162. If:
(a) a person lodges a claim for a wife pension on a particular day (in this section called the "claim day"); and
(b) the person's provisional commencement day is before the claim day;
any instalment of wife pension that would, but for this section, be payable, is payable to the person:
(c) if the claim day was a pension payday - on that day; or
(d) the first pension payday after the claim day.

Note: for "provisional commencement day" see section 150.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 163
Calculation of amount of instalment

163. (1) The amount of an instalment of wife pension is the amount worked out by dividing the amount of the annual rate of the pension by 26.
(2) If an amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
(4) If, apart from this subsection, the amount of an instalment of wife pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 164
Inmates of benevolent homes

164. (1) While a person who is receiving a wife pension is an inmate of a benevolent home:
(a) so much of the person's pension as does not exceed the pensioner contribution is to be paid to the person who controls the benevolent home for the maintenance of the person in the benevolent home; and
(b) the balance (if any) is to be paid to the person receiving the pension.

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(2) For the purposes of this section, the pensioner contribution is, subject to subsection (3), 364 times the amount in force from time to time for the purposes of subparagraph 47 (2) (b) (iii) of the National Health Act 1953.
(3) If the amount worked out under subsection (2) is not a multiple of $2.60, the pensioner contribution is the next lower amount that is a multiple of $2.60.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 165
Manner of payment

165. A wife pension that is, subject to section 166, payable to a person is to be paid:
(a) to that person; and
(b) in the manner directed by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 166
Nominee payments

166. (1) The Secretary may direct that the whole, or a part, of the amount of a person's wife pension is to be paid to someone else on behalf of the person.
(2) If the Secretary makes a direction under subsection (1), the wife pension is to be paid in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 167
Payment into bank account etc.

167. (1) The Secretary may direct that the whole or a part of the amount of a person's wife pension is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account maintained by the person to whom the wife pension is payable.
(3) The account may be an account that is nominated and maintained by a person to whom the wife pension is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the wife pension is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 168
Where pension payday would fall on public holiday etc.

168. If the Secretary is satisfied that an amount of wife pension that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 169
Payment of pension after death

169. (1) If:
(a) a wife pension is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of wife pension payable to her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If the Secretary pays an amount of wife pension under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of wife pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Protection of wife pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 170
Wife pension to be absolutely inalienable

170. (1) Subject to subsection (2) and section 1359, wife pension is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of wife pension payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 171
Effect of garnishee or attachment order

171. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of wife pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method Statement

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Step 1. Work out the total amount of wife pension payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Recipient obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 172
Secretary may require notice of the happening of an event or a
change in circumstances

172. (1) The Secretary may give a person to whom a wife pension is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the pension.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 173
Secretary may require recipient to give particular information
relevant to payment of wife pension

173. (1) The Secretary may give a person to whom a wife pension is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the pension to the person.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 174
Self incrimination

174. (1) A person is not excused from giving information pursuant to a
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notice under section 172 or 173 on the ground that the information may tend to incriminate the person.
(2) Information given by a person pursuant to a notice under section 172 or 173 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 172 (5) or (6) or 173 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 175
Continuing effect of determination
Entitlement determination

175. (1) A determination that:
(a) a person's claim for a wife pension is to be granted; or
(b) a wife pension is payable to a person;
continues in effect until:
(c) the pension ceases to be payable under section 176 or 177; or
(d) a further determination in relation to the pension under section 182 has taken effect.
Note 1: for paragraph (a) see section 157.
Note 2: for paragraph (b) see section 183 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination
(2) A determination of the rate of a wife pension continues in effect until:
(a) the pension becomes payable at a lower rate under section 178 or 179; or
(b) a further determination in relation to the pension under section 180 or 181 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 176
Automatic termination - recipient complying with section 172
notification obligations

176. If:
(a) a person who is receiving a wife pension is given a notice under section 172; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension would, but for this section, cease to be
payable to the person;
the pension continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's pension, there is no automatic rate reduction and a determination under section 181 must be made in order to bring the rate reduction into effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 177
Automatic termination - recipient not complying with section 172
notification obligations

177. If:
(a) a person who is receiving a wife pension is given a notice under section 172; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension ceases to be payable to the person;
the pension ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 178
Automatic rate reduction - recipient not complying with section
172 notification obligations

178. If:
(a) a person who is receiving a wife pension is given a notice under
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section 172; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of pension is to be reduced;
the pension becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 179
Automatic rate reduction - failure to inform Department of payment
for remunerative work where earnings credit account balance available

179. If:
(a) a person who is receiving a wife pension is given a notice under section 172; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the pension becomes payable to the person at the reduced rate from the first pension payday after the day on which the person's earnings credit account balance is reduced to nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 180
Rate increase determination

180. If the Secretary is satisfied that the rate at which a wife pension is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 184.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 181
Rate reduction determination

181. If the Secretary is satisfied that the rate at which a wife pension is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination. Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 178 or 179 (see subsection 175 (2)).
Note 2: for the date of effect of a determination under this section see section 185.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 182
Cancellation or suspension determination

182. If the Secretary is satisfied that a wife pension is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the pension is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 176 or 177 (see subsection 175 (1)).
Note 2: for the date of effect of a determination under this section see section 185.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 183
Resumption of payment after cancellation or suspension

183. (1) If the Secretary:
(a) cancels or suspends a wife pension of a person under section 182; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the person did not receive a wife pension that was
payable to the person; or
(B) the person is not receiving a wife pension that is
payable to the person;
the Secretary is to determine that a wife pension was or is payable to the person.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative. Note: for the date of effect of a determination under this section see section 184.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 184
Date of effect of favourable determination

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184. (1) The day on which a determination under section 180 or 183 (in this section called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's wife pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a wife pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination; the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a wife pension; and
(b) no notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination; the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances
(5) If:
(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination
(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsections 5 (12) and (13), that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and

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(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;
the determination takes effect on the day on which the young person became a prescribed student child.

Other determinations
(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 185
Date of effect of adverse determination
General

185. (1) The day on which a determination under section 181 or 182 (in this section called the "adverse determination") takes effect is worked out in accordance with this section.
Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act
(4) If:
(a) the person whose pension is affected by the adverse determination has contravened a provision of this Act (other than section 173, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - suspension or cancellation
(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the pension has been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the pension was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 9
Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Continuation of wife pension where partner dies

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 186

186. (1) If:
(a) a person is receiving a wife pension; and
(b) the person's partner dies;
the person is entitled to payments under this Subdivision to cover the bereavement period.
(2) The payments under this Subdivision take the form of the payment on each of the paydays during the bereavement period of the amount that would have been payable to the person if:
(a) the person's partner had not died; and
(b) the person's partner had continued to receive age or invalid pension or rehabilitation allowance; and
(c) the person and the person's partner had continued to be members of a couple.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 187
Continued wife pension rate

187. The rate of payments under this Subdivision is worked out as follows:
(a) during the bereavement rate continuation period, the rate of payments is equal to the rate of wife pension that would have been payable to the person if the person's partner had not died;
(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 the person had been qualified for a widow B pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Death of pensioner partner

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 188
Qualification for payments under this Subdivision

188. (1) If:

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(a) a person is receiving a wife pension; and
(b) the person's partner dies;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 189 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 190 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.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 189
Continued payment of partner's pension or allowance

189. 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 pension paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that payday if the partner had not died.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 190
Lump sum payable in some circumstances

190. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person's partner
had not died, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday; and
(b) the amount that, if the partner had not
payday immediately before the first available bereavement adjustment payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount of widow B pension that would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday if a widow B pension had been payable to the person on that payday: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the partner's instalment component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 191
Effect of death of person entitled to payments under this Subdivision

191. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person's partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person on the pension payday immediately after the day on which the person dies; and
(b) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person's partner on that pension payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for sections 186 and 187, would have
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been payable to the person on the pension payday had not died: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the period that commences on the day after the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 192
Matters affecting payment of benefits under this Subdivision

192. (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, credit union or building society (in this subsection called the "financial institution"); and
(c) the financial institution pays to the person, 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 person's partner or anyone else in respect of the payment of that money to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Death of dependent child

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 193
Bereavement payments on death of dependent child

193. If:
(a) a person is receiving a wife pension; and
(b) a dependent child of the person dies; and
(c) immediately before the child died, the person's wife pension rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 194 provides for wife pension to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 195 provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new wife pension rate and the rate at which the pension would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional remote area allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 194
Continued payment of child-related amounts

194. If a person is qualified for payments under this Subdivision in relation to the death of a dependent child, the person's wife pension rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 195
Lump sum payable in some circumstances

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195. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of a dependent child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance in respect of the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.

LUMP SUM CALCULATOR
This is how to work the amount of the lump sum:
Method statement
Step 1. Work out the instalment of wife pension payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 194 applies in working out the amount of
this instalment because the payday on which it is payable is within the bereavement rate continuation period.
Step 2. Work out the instalment of wife pension that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's wife pension rate were not calculated under section 194: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 10
Division 10 - Fringe benefits

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 196
Fringe benefits

196. If a person who is receiving a wife pension qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 197
Qualification for fringe benefits

197. (1) A person who is receiving a wife pension is qualified for fringe benefits if the person's wife pension rate is neither income reduced nor assets reduced.
(2) If:
(a) a person who is receiving a wife pension is not qualified for fringe benefits under subsection (1); and
(b) the person's wife pension rate is income reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
(3) If:
(a) a person who is receiving a wife pension is not qualified for fringe benefits under subsection (1); and
(b) the person's wife pension rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.5
PART 2.5 - CARER PENSION

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and payability of carer pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 198
Qualification for carer pension

198. (1) A person is qualified for a carer pension if the person:
(a) personally provides constant care for a severely handicapped pensioner; and
(b) provides that care in a home that is the home of both the person and the pensioner; and
(c) is in Australia.
(2) If:
(a) a person is personally providing constant care for a severely
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handicapped pensioner; and
(b) the person temporarily ceases to provide that care; and
(c) the period, or the aggregate of the periods, for which the person ceases to provide that care is:
(i) not more than 28 days in any calendar year; or
(ii) another period that the Secretary, for any special reason in the particular case, decides to be appropriate;
the person does not cease to be qualified for a carer pension merely because of that cessation.
(3) In this section:
"care" includes attention and supervision;
"severely handicapped pensioner" means a person who:
(a) has a physical, intellectual or psychiatric disability; and
(b) because of that disability:
(i) requires frequent care in connection with the person's bodily functions; or
(ii) requires constant supervision to prevent injury to the person or to another person;
permanently or for an extended period; and
(c) either:
(i) is receiving an age pension or an invalid pension; or
(ii) is receiving a rehabilitation allowance and was, immediately before becoming qualified for that allowance, receiving an invalid pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 199
Carer pension not payable in some circumstances

199. (1) Even though a person is qualified for a carer pension, the pension may not be payable to the person because:
(a) the pension has not commenced to be payable (see sections 200 and 211); or
(b) the person or the person's partner has received compensation (see Part 3.14); or
(c) the person is in gaol (see Part 3.13); or
(d) the person is receiving another pension or benefit (see section 202).
(2) A carer pension is not payable to a person if the person's carer pension rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 200
Carer pension generally not payable before claim

200. A carer pension is not payable to a person before the person's provisional commencement day (identified under section 201).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 201
Provisional commencement day
General rule

201. (1) Subject to subsections (2) and (3), a person's provisional commencement day is the day on which the person claims the carer pension.

Initial incorrect claim followed by claim for carer pension
(2) If:
(a) a person makes a claim (in this subsection called the "initial claim") for:
(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to a carer pension; and
(b) on the day on which the person makes the initial claim, the person is qualified for a carer pension; and
(c) the person subsequently makes a claim for a carer pension; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person; the person's provisional commencement day is the day on which the person made the initial claim.

Early claim
(3) If:
(a) a person lodges a claim for a carer pension; and
(b) the person is not, on the day on which the claim is lodged, qualified for a carer pension; and
(c) the person becomes qualified for a carer pension sometime during the period of 3 months that starts immediately after the day on which the claim is lodged; the person's provisional commencement day is the first day on which the person is qualified for the pension and is an Australian resident and in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 202
Multiple entitlement exclusion

202. A carer pension is not payable to a person if the person is receiving:
(a) another social security pension; or
(b) a social security benefit; or
(c) a service pension. Note: "social security pension" includes sheltered employment and rehabilitation allowances and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for carer pension

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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 203
Need for a claim

203. (1) A person who wants to be granted a carer pension must make a proper claim for that pension. Note: "proper claim" - see section 204 (form), section 205 (manner of lodgment) and section 206 (residence/presence in Australia).
(2) For the purposes of subsection (1), where:
(a) a claim for carer pension is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that pension; the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 204
Form of claim

204. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 205
Lodgment of claim

205. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.
(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement. Note: for international agreements see Part 4.1.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 206
Claimant must be Australian resident and in Australia

206. A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia; on the day on which the claim is lodged. Note 1: for "Australian resident" see subsection 7 (2). Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 207
Secretary to determine claim

207. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 208
Grant of claim

208. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for a carer pension; and
(b) the pension is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 209
Date of effect of determination

209. (1) Subject to subsections (2), (3) and (4), a determination under section 208 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for carer pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for carer pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for carer pension; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and

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(d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Rate of carer pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 210
How to work out a person's carer pension rate

210. A person's carer pension rate is worked out using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Payment of carer pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 211
Commencement of carer pension

211. A carer pension becomes payable to a person on the first day on which:
(a) the person is qualified for the pension; and
(b) no provision of this Act makes the pension not payable to the person. Note 1: for qualification see section 198. Note 2: for the circumstances in which a carer pension is not payable see section 199.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 212
Payment by instalments

212. (1) A full instalment of carer pension is payable to a person on each pension payday on which:
(a) the person is qualified for the pension; and
(b) the pension is payable to the person.
(2) If a person who is qualified for a carer pension is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection. Note: carer pension is not payable outside Australia unless provided for by a scheduled international agreement.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 213
Effect on instalments of backdating claim

213. If:
(a) a person lodges a claim for a carer pension on a particular day (in this section called the "claim day"); and
(b) the person's provisional commencement day is before the claim day; any instalment of carer pension that would, but for this section, be payable, is payable to the person:
(c) if the claim day was a pension payday - on that day; or
(d) the first pension payday after the claim day. Note: for "provisional commencement day" see section 201.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 214
Calculation of amount of instalment

214. (1) The amount of an instalment of carer pension is the amount worked out by dividing the amount of the annual rate of the pension by 26.
(2) If an amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
(4) If, apart from this subsection, the amount of an instalment of carer pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 215
Manner of payment

215. A carer pension that is payable to a person is, subject to section 216, to be paid:
(a) to that person; and
(b) in the manner directed by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 216
Nominee payments

216. (1) The Secretary may direct that the whole, or a part, of the amount of a person's carer pension is to be paid to someone else on behalf of the person.
(2) If the Secretary makes a direction under subsection (1), the carer pension is to be paid in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 217
Payment into bank account etc.

217. (1) The Secretary may direct that the whole or a part of the amount of a person's carer pension is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account nominated and maintained by the person to whom the carer pension is payable.
(3) The account may be an account that is maintained by a person to whom the carer pension is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the carer pension is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 218
Where pension payday would fall on public holiday etc.

218. If the Secretary is satisfied that an amount of carer pension that
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would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 219
Payment of pension after death

219. (1) If:
(a) a carer pension is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of carer pension payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances; the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If the Secretary pays an amount of carer pension under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of carer pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Protection of carer pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 220
Carer pension to be absolutely inalienable

220. (1) Subject to subsection (2) and section 1359, carer pension is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of carer pension payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation. Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 221
Effect of garnishee or attachment order

221. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of carer pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account; the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method statement
the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force. Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Recipient obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 222
Secretary may require notice of the happening of an event or a
change in circumstances

222. (1) The Secretary may give a person to whom a carer pension is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the pension.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not refuse or fail to comply with a notice under
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subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 223
Secretary may require recipient to give particular information
relevant to payment of carer pension

223. (1) The Secretary may give a person to whom a carer pension is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the pension to the person.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 224
Self incrimination

224. (1) A person is not excused from giving information pursuant to a notice under section 222 or 223 on the ground that the information may tend to incriminate the person.
(2) Information given by a person pursuant to a notice under section 222 or 223 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 222 (5) or (6) or 223 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 225
Continuing effect of determination
Entitlement determination

225. (1) A determination that:
(a) a person's claim for a carer pension is to be granted; or
(b) a carer pension is payable to a person; continues in effect until:
(c) the pension ceases to be payable under section 226 or 227; or
(d) a further determination in relation to the pension under section 231 has taken effect. Note 1: for paragraph (a) see section 208. Note 2: for paragraph (b) see section 232 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination
(2) A determination of the rate of a carer pension continues in effect until:
(a) the pension becomes payable at a lower rate under section 228; or
(b) a further determination in relation to the pension under section 229 or 230 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 226
Automatic termination - recipient complying with section 222
notification obligations

226. If:
(a) a person who is receiving a carer pension is given a notice under section 222; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period
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(in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension would, but for this section, cease to be payable to the person; the pension continues to be payable to the person until the end of the notification period and then ceases to be payable to the person. Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's pension, there is no automatic rate reduction and a determination under section 230 must be made in order to bring the rate reduction into effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 227
Automatic termination - recipient not complying with section 222
notification obligations

227. If:
(a) a person who is receiving a carer pension is given a notice under section 222; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension ceases to be payable to the person; the pension ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 228
Automatic rate reduction - recipient not complying with section
222 notification obligations

228. If:
(a) a person who is receiving a carer pension is given a notice under section 222; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of pension is to be reduced; the pension becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 229
Rate increase determination

229. If the Secretary is satisfied that the rate at which a carer pension is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination. Note: for the date of effect of a determination under this section see section 233.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 230
Rate reduction determination

230. If the Secretary is satisfied that the rate at which a carer pension is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination. Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 228 (see subsection 225 (2)). Note 2: for the date of effect of a determination under this section see section 234.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 231
Cancellation or suspension determination

231. If the Secretary is satisfied that a carer's pension is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the pension is to be cancelled or suspended. Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 226 or 227 (see subsection 225 (1)). Note 2: for the date of effect of a determination under this section see section 234.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 232
Resumption of payment after cancellation or suspension

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232. (1) If the Secretary:
(a) cancels or suspends a carer pension of a person under section 231; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the person did not receive a carer pension that was payable to the person; or
(B) the person is not receiving a carer pension that is payable to the person; the Secretary is to determine that a carer pension was or is payable to the person. Note: for the date of effect of a determination under this subsection see section 233.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 233
Date of effect of favourable determination

233. (1) The day on which a determination under section 229 or 232 (in this section called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a carer pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination; the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a carer pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination; the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a carer pension; and
(b) no notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination; the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances
(5) If:
(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income; the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination
(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsections 5 (12) and (13), that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal; the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
(7) If:
(a) the favourable determination is made because, under subsection 5 (13),

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a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received; the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child; the determination takes effect on the day on which the young person became a prescribed student child.

Other determinations
(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 234
Date of effect of adverse determination
General

234. (1) The day on which a determination under section 230 or 231 (in this section called the "adverse determination") takes effect is worked out in accordance with this section. Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act
(4) If:
(a) the person whose pension is affected by the adverse determination has contravened a provision of this Act (other than section 223, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination; the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - suspension or cancellation
(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the pension has been paid to a person when it should have been cancelled or suspended; the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the pension was paid to a person was more than it should have been; the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 9
Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Continuation of carer pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 235
Continuation of carer pension for bereavement period where
person cared for dies

235. (1) If:
(a) a person is receiving a carer pension; and
(b) the person is caring for another person who is not the partner of the first person; and
(c) the person being cared for dies; the first person remains qualified for the carer pension during the bereavement period as if the person being cared for had not died.
(2) A person's entitlements under this Subdivision are instead of, and not
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in addition to, any entitlements the person would, but for this section, have to a social security or service pension or a social security benefit.
(3) A person to whom subsection (1) applies may, by written notice to the Secretary, choose not to receive payments under this Subdivision and to receive instead any payments to which the person would be entitled but for subsection (2).
(4) If a person makes an election under subsection (3):
(a) this Act, or Part III of the Veterans' Entitlements Act, has effect accordingly; and
(b) the person may not withdraw the election after the Department has taken all the action required to give effect to the election.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 236
Continued carer pension rate

236. If a person is qualified for a carer pension solely because of section 235, the rate at which the pension is payable is to be determined having regard to the person's actual circumstances.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Death of pensioner partner

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 237
Qualification for payments under this Subdivision

237. (1) If:
(a) a person is receiving a carer pension; and
(b) the person is a member of a couple; and
(c) the person's partner dies; and
(d) immediately before the partner died, the partner was receiving: receiving:
(i) an age pension; or
(ii) an invalid pension; or
(iii) a carer pension; or
(iv) a sole parent pension under subparagraph 249 (1) (a)
(iv) (illness separated couple); or
(v) a sheltered employment allowance instead of an invalid
pension; or
(vi) a rehabilitation allowance instead of a pension referred
to in subparagraph (i), (ii) or (iii); or
(vii) a special needs age, invalid, wife or sole parent pension; or
(viii) a service pension;
the person is qualified for payments under this Subdivision to cover the bereavement period. Note 1: section 238 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 239 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.
(4) If a person is qualified for payments under this Subdivision in relation to the partner's death, the rate at which carer pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 240.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 238
Continued payment of partner's pension or allowance

238. 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 pension paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that payday if the partner had not died.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 239
Lump sum payable in some circumstances

239. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person's partner
had not died, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday; and

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(b) the amount that, if the partner had not died,
would have been payable to the partner on the pension payday immediately before the first available bereavement adjustment payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 240, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the partner's instalment component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 240
Adjustment of person's carer pension rate

240. If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 237 (2) not to receive payments under this Subdivision;
the rate of the person's carer pension during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of carer pension payable to the person is the rate at which the pension would have been payable to the person if the person's partner had not died;
(d) during the bereavement lump sum period (if any), the rate at which carer pension is payable to the person is the rate at which the carer pension would be payable to the person apart from this Subdivision.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 241
Effect of death of person entitled to payments under this Subdivision

241. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person's partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person on the pension payday immediately after the day on which the person dies; and
(b) the amount that, if neither the person nor
the person's partner had dies, would have been payable to the person's partner on that pension payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 240, would have been payable to the person on the pension payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the period that commences on the day after the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 242
Matters affecting payment of benefits under this Subdivision

242. (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:

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(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 1986, within the bereavement period, into an account with a bank, credit union or building society (in this subsection called the "financial institution"); and
(c) the financial institution pays to the person, 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 person's partner or anyone else in respect of the payment of that money to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Death of dependent child

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 243
Bereavement payments on death of dependent child

243. If:
(a) a person is receiving a carer pension; and
(b) a dependent child of the person dies; and
(c) immediately before the child died, the person's carer pension rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 244 provides for carer pension to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 245 provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new carer pension rate and the rate at which the pension would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional remote area allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 244
Continued payment of child-related amounts

244. If a person is qualified for payments under this Subdivision in relation to the death of a dependent child, the person's carer pension rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 245
Lump sum payable in some circumstances

245. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of a dependent child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance in respect of the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the instalment of carer pension payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 244 applies in working out the amount of
this instalment because the payday on which it is payable is within the bereavement rate continuation period.
Step 2. Work out the instalment of carer pension that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's carer pension rate were not calculated under section 244: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called

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the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Death of recipient

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 246
Death of recipient

246. (1) If:
(a) a person is receiving carer pension; and
(b) either:
(i) the person is not a member of a couple; or
(ii) the person is a member of a couple and the person's partner:
(A) is not receiving a social security pension; and
(B) is not receiving a social security benefit; and
(C) 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 pension 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 1: for amounts owing to the recipient before the recipient's death see section 219.
Note 2: for death of a person qualified for bereavement payments under Subdivision B see section 241.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 10
Division 10 - Fringe benefits

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 247
Fringe benefits

247. If a person who is receiving a carer pension qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 248
Qualification for fringe benefits

248. (1) A person who is receiving a carer pension is qualified for fringe benefits if the person's carer pension rate is neither income reduced nor assets reduced.
(2) If:
(a) a person who is receiving a carer pension is not qualified for fringe benefits under subsection (1); and
(b) the person's carer pension rate is income reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
(3) If:
(a) a person who is receiving a carer pension is not qualified for fringe benefits under subsection (1); and
(b) the person's carer pension rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.6
PART 2.6 - SOLE PARENT PENSION

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and payability of sole parent pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 249
Qualification for sole parent pension

249. (1) A person is qualified for a sole parent pension if:
(a) the person:
(i) is not a member of a couple; or
(ii) is a member of a couple whose partner has been in gaol for a continuous period of at least 14 days; or
(iii) is a member of a couple who is living separately and apart from his or her partner; or
(iv) is a member of a couple who is unable to live together with his or her partner in a matrimonial home because of the illness or infirmity of the partner where the illness or informity:
(A) results in the partner being unable to care for a child; and

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(B) is, in the opinion of the Secretary, likely to continue indefinitely; and
(b) the person has at least one SPP child (see sections 250 and 251); and
(c) at least one of the following conditions is satisfied:
(i) if the person has only one SPP child - that child became an SPP child while the person was an Australian resident;
(ii) if the person has 2 or more SPP children - one of those children became an SPP child while the person was an Australian resident;
(iii) if the person has ever been a member of a couple - the person was an Australian resident immediately before the person became a person to whom paragraph (a) applies;
(iv) the person had been an Australian resident for a continuous period of at least 5 years immediately before the day on which the person lodges the claim;
(v) the person has, at any time, been an Australian resident for a continuous period of at least 10 years.
Note: for "Australian resident" see section 7.
(2) A woman does not have to satisfy paragraph (1) (c) in order to be qualified for a sole parent pension if:
(a) the woman became a person to whom paragraph (1) (a) applied because of the death of a man; and
(b) the woman was, immediately before the man died, receiving:
(i) a wife pension because the man was receiving:
(A) an age pension; or
(B) an invalid pension; or
(C) a special needs age pension; or
(D) a special needs invalid pension; or
(ii) a wife service pension under Part III of the Veterans'
Entitlements Act because the man was receiving a service pension under that Part; and
(c) the woman was not in Australia at the time when the man died.
(3) Subsection (1) has effect subject to:
(a) section 1214 (12 months limit on overseas portability); and
(b) sections 1218 and 1219 (departure certificate requirements for people leaving Australia).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 250
SPP (sole parent pension) child

250. (1) A young person is an SPP child of another person (in this section called the "adult") if:
(a) the young person is:
(i) a dependent child of the adult; or
(ii) a maintained child of the adult; and
(b) the young person:
(i) has not turned 16; or
(ii) is a child for whom the adult is qualified for child
disability allowance; and
(c) the young person:
(i) is a natural or adopted child of the adult; or
(ii) is in the adult's legal custody; or
(iii) if the adult has ever been a member of a couple - was
being maintained by the adult immediately before the adult becomes a person to whom paragraph 249 (1) (a) applies; or
(iv) has been wholly or substantially in the care and control
of the adult for a period of at least 12 months before the day on which the adult claims sole parent pension and is, in the Secretary's opinion, likely to remain wholly or substantially in the adult's care and control permanently or indefinitely.
(2) For the purposes of subsection (1), a young person who has not turned 16 can be a dependent child of the adult even though:
(a) the young person is not in full-time education; and
(b) the young person is in receipt of income from wages; and
(c) the rate of that income exceeds $100 per week.
Note 1: a young person covered by this subsection would normally not count as a dependent child (see subsection 5 (3)).
Note 2: subsection (2) does no more than allow the young person to be taken into account as a dependent child in working out whether a person is qualified for sole parent pension - it does not allow the young person to be taken into account as a dependent child in calculating the rate of a person's sole parent pension (see Module C of Pension Rate Calculator C).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 251
Young person to be SPP child for only one person

251. (1) A young person can be an SPP child of only one person at a time.
(2) If the Secretary is satisfied that, but for this section, a young person would be an SP child of 2 or more persons, the Secretary is to:
(a) make a written determination that the Secretary is satisfied that that is the case; and
(b) specify in the determination the person whose SP child the young person is to be; and
(c) give each person a copy of the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 252

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Effect of maintenance rights on qualification for sole parent pension

252. (1) A person is not qualified for a sole parent pension if:
(a) the person is entitled to maintenance; and
(b) the Secretary considers that it is reasonable for the person to take action to obtain maintenance; and
(c) the person does not take such action as the Secretary considers reasonable to obtain maintenance.
(2) In subsection (1):
"maintenance", in relation to a person, means maintenance for the person or an SPP child of the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 253
Sole parent pension not payable in some circumstances

253. (1) Even though a person is qualified for a sole parent pension, the pension may not be payable to the person because:
(a) the pension has not commenced to be payable (see sections 254 and 270); or
(b) the person is in gaol (see Part 3.13); or
(c) the person is receiving another pension or benefit (see section 258).
(2) A sole parent pension is not payable to a person if the person's sole parent pension rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 254
Sole parent pension generally not payable before claim

254. Subject to sections 256 and 257, a sole parent pension is not payable to a person before the person's provisional commencement day (identified under section 255).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 255
Provisional commencement day
General rule

255. (1) Subject to subsections (2) and (3), a person's provisional commencement day is the day on which the person claims the sole parent pension.

Initial incorrect claim followed by claim for sole parent pension
(2) If:
(a) a person makes a claim (in this subsection called the "initial claim") for:
(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to a sole parent pension; and
(b) on the day on which the person makes the initial claim, the person is qualified for a sole parent pension; and
(c) the person subsequently makes a claim for a sole parent pension; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person's provisional commencement day is the day on which the person made the initial claim.

Early claim
(3) If:
(a) a person lodges a claim for a sole parent pension; and
(b) the person is not, on the day on which the claim is lodged, qualified for a sole parent pension; and
(c) the person becomes qualified for a sole parent pension sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;
the person's provisional commencement day is the first day on which the person is qualified for the pension and is an Australian resident and in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 256
Backdating - death of partner etc.

256. If:
(a) a person's partner dies; and
(b) the person's provisional commencement day is within one month after the day on which the partner dies; and
(c) the person is qualified for sole parent pension at some time in the period between the death of the partner and the provisional commencement day;
the sole parent pension can become payable before the provisional commencement day but is not payable to the person before the first day in the period on which the person is qualified.
Note 1: for "provisional commencement day" see section 255.
Note 2: the pension will not necessarily be backdated to the day on which the person becomes qualified - some other factor may make the pension not payable at that time (e.g. compensation preclusion).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 257
Backdating - birth of child

257. If:
(a) a woman gives birth to a child; and
(b) the woman's provisional commencement day is within one month after the day on which the child is born; and
(c) the woman is qualified for a sole parent pension at some time in the
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period between the birth of the child and the provisional commencement day;
the sole parent pension can become payable to the person before the provisional commencement day but is not payable to the person before the first day in the period on which the person is qualified.
Note: for "provisional commencement day" see section 255.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 258
Multiple entitlement exclusion

258. A sole parent pension is not payable to a person if:
(a) the person is receiving:
(i) another social security pension; or
(ii) a social security benefit; or
(iii) a service pension; or
(b) the person is a widow who is receiving:
(i) 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; or
(ii) a pension under the Seamen's War Pensions and Allowances
Act 1940 at a rate determined under subsection 18 (2) of that Act.
Note: "social security pension" includes sheltered employment and rehabilitation allowances and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for sole parent pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 259
Need for a claim

259. (1) A person who wants to be granted a sole parent pension must make a proper claim for that pension.
Note: "proper claim" - see section 260 (form), section 261 (manner of lodgment) and section 262 (residence/presence in Australia).
(2) For the purposes of subsection (1), where:
(a) a claim for sole parent pension is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that pension;
the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 260
Form of claim

260. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 261
Lodgment of claim

261. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.
(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.
Note: for international agreements see Part 4.1.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 262
Claimant must be Australian resident and in Australia

262. (1) A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note 1: for "Australian resident" see subsection 7 (2).
Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.
(2) Subsection (1) does not apply to a woman if:
(a) the woman became a person to whom paragraph 249 (1) (a) applies because of the death of a man; and
(b) the woman was, immediately before the man died, receiving:
(i) a wife pension because the man was receiving:
(A) an age pension; or
(B) an invalid pension; or
(ii) a wife service pension under Part III of the Veterans'
Entitlements Act because the man was receiving a service pension under that Part; and
(c) the woman was not in Australia at the time when the man died.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 263
Secretary may require some claimants to give information about domestic circumstances
De facto relationship

263. (1) If:
(a) a particular residence has been, for a period of at least 8 weeks, the principal home of both a claimant for sole parent pension and a person of the opposite sex; and

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(b) the claimant is not legally married to the other person; and
(c) the claimant and the other person are not within a prohibited relationship for the purposes of section 23B of the Marriage Act 1961; and
(d) at least one of the following subparagraphs are satisfied:
(i) a child of both the people also lives in the residence;
(ii) the people have joint ownership of the residence;
(iii) the people are joint lessees of the residence and the original duration of the lease was at least 10 years;
(iv) the people have joint assets with a total value of more than $4,000;
(v) the people have joint liabilities totalling more than $1,000;
(vi) the people have at any time been legally married to each other;
(vii) the people have at any time shared another residence with each other;
the Secretary may give the claimant a notice that requires the claimant to give the Secretary:
(e) specified information about the claimant's relationship with the other person; and
(f) any other information that might be relevant to the question whether the other person is the claimant's partner.

Living separately and apart under the one roof
(2) If:
(a) a particular residence has been, for a period of at least 8 weeks, the principal home of both a claimant for sole parent pension and a person of the opposite sex; and
(b) the claimant and the other person are legally married to one another; and
(c) the claimant and the other person:
(i) are living separately and apart on a permanent basis; or
(ii) claim to be living separately and apart on a permanent basis;
the Secretary may give the claimant a notice that requires the claimant to give the Secretary:
(d) specified information about the claimant's relationship with the other person; and
(e) any other information that might be relevant to the question whether the claimant and the other person are living separately and apart on a permanent basis.

Kind of information that can be specified
(3) Information specified under paragraph (1) (e) or (2) (d) is to be information:
(a) that is within the claimant's own knowledge; or
(b) that the claimant can reasonably be expected to obtain.

Notice to state effect of failure to comply with notice
(4) A notice under subsection (1) or (2) is to state that the claimant's claim will be taken not to have been made if the claimant does not give the Secretary the required information within 14 days after the notice is given.

Offence
(5) A person must not, in purporting to comply with a notice under subsection (1) or (2), knowingly or recklessly give the Secretary information that is false or misleading in a material particular.
Penalty: $2,000 or imprisonment for 12 months, or both.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 264
Secretary's obligations if claimant complies with section 263 notice
De facto relationship

264. (1) If:
(a) a person claims sole parent pension; and
(b) the Secretary gives the claimant a notice under subsection 263 (1) about the claimant's relationship with another person to whom the claimant is not legally married; and
(c) the claimant purports to give the Secretary the information required by the notice; and
(d) the Secretary is satisfied that the claimant has given the Secretary all the relevant information;
the Secretary must form an opinion whether the claimant is living with the other person in a marriage-like relationship.
Note: in forming this opinion, the Secretary must apply the rule laid down in subsection 4 (4).

Favourable subsection (1) determination to be followed by investigation moratorium
(2) If the Secretary forms the opinion, under subsection (1), that the claimant is not living with the other person in a marriage-like relationship, the Secretary must not cause or permit any action to be taken for the purposes of, or in connection with, an investigation of the claimant's relationship with the other person until:
(a) the Secretary has reason to believe that the claimant's domestic circumstances have changed so that:
(i) a circumstance set out in subsection 263 (1) that did not previously apply to the claimant now applies to the claimant; or
(ii) a circumstance set out in subsection 263 (1) that previously applied to the claimant now applies to the claimant for a different reason; or
(b) 12 weeks after the Secretary formed the opinion under subsection (1) of

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this section;
whichever is earlier.

Living separately and apart under the one roof
(3) If:
(a) a person claims sole parent pension; and
(b) the Secretary gives the claimant a notice under subsection 263 (2) about the claimant's relationship with another person to whom the claimant is legally married; and
(c) the claimant purports to give the Secretary the information required by the notice; and
(d) the Secretary is satisfied that the claimant has given the Secretary all the relevant information;
the Secretary must form an opinion whether the claimant is living separately and apart from the other person on a permanent basis.
Note: in forming this opinion, the Secretary must apply the rule laid down in subsection 4 (5).

Favourable subsection (3) determination to be followed by investigation moratorium
(4) If the Secretary forms the opinion, under subsection (3), that the claimant is living separately and apart from the other person on a permanent basis, the Secretary must not cause or permit any action to be taken for the purposes of, or in connection with, an investigation of the claimant's relationship with the other person till 12 weeks after the Secretary formed that opinion.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 265
Effect of failure by claimant to comply with section 263 notice

265. If:
(a) the Secretary gives a claimant for sole parent pension a notice under subsection 263 (1) or (2); and
(b) the claimant does not give the Secretary the information required by the notice within 14 days after the notice is given;
the claimant's claim is to be taken not to have been lodged.
Note: if the claimant has to lodge a new claim for sole parent pension, this may well affect the date from which the sole parent pension can be paid.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 266
Secretary to determine claim

266. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 267
Grant of claim

267. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for a sole parent pension; and
(b) the pension is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 268
Date of effect of determination

268. (1) Subject to subsections (2), (3) and (4), a determination under section 267 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for a sole parent pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for a sole parent pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a sole parent pension; and
(b) no notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and

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(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a determination under section 267 is made as a result of the application for review;
the determination under section 267 takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Rate of sole parent pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 269
How to work out a person's sole parent pension rate

269. A person's sole parent pension rate is worked out using:
(a) if the person is qualified for sole parent pension because of subparagraph 249 (1) (a) (iv) (illness separation) - Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or
(b) in any other case - Pension Rate Calculator C at the end of section 1066 (see Part 3.4).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Payment of sole parent pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 270
Commencement of sole parent pension

270. A sole parent pension becomes payable to a person on the first day on which:
(a) the person is qualified for the pension; and
(b) no provision of this Act makes the pension not payable to the person.
Note 1: for qualification see section 249.
Note 2: for the circumstances in which a sole parent pension is not payable see section 253.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 271
Payment by instalments

271. (1) A full instalment of sole parent pension is payable to a person on each pension payday on which:
(a) the person is qualified for the pension; and
(b) the pension is payable to the person.
(2) If person who is qualified for a sole parent pension is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 272
Effect on instalments of backdating claim

272. If:
(a) a person lodges a claim for a sole parent pension on a particular day (in this section called the "claim day"); and
(b) the person's provisional commencement day is before the claim day;
any instalment of sole parent pension that would, but for this section, be payable, is payable to the person:
(c) if the claim day was a pension payday - on that day; or
(d) the first pension payday after the claim day.
Note: for "provisional commencement day" see section 255.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 273
Calculation of amount of instalment

273. (1) The amount of an instalment of sole parent pension is the amount worked out by dividing the amount of the annual rate of the pension by 26.
(2) If an amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
(4) If, apart from this subsection, the amount of an instalment of sole parent pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 274
Inmates of benevolent homes

274. (1) While a person who is receiving a sole parent pension is an inmate of a benevolent home:
(a) so much of the person's pension as does not exceed the pensioner contribution is to be paid to the person who controls the benevolent home for the maintenance of the person in the benevolent home; and
(b) the balance (if any) is to be paid to the person receiving the pension.
(2) For the purposes of this section, the pensioner contribution is, subject to subsection (3), 364 times the amount in force from time to time for the purposes of subparagraph 47 (2) (b) (iii) of the National Health Act 1953.
(3) If the amount worked out under subsection (2) is not a multiple of $2.60, the pensioner contribution is the next lower amount that is a multiple of $2.60.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 275
Manner of payment

275. A person's sole parent pension is, subject to section 276, to be paid:
(a) to that person; and
(b) in the manner directed by the Secretary.
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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 276
Nominee payments

276. (1) The Secretary may direct that the whole, or a part, of the amount of a person's sole parent pension is to be paid to someone else on behalf of the person.
(2) If the Secretary makes a direction under subsection (1), the sole parent pension is to be paid in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 277
Payment into bank account etc.

277. (1) The Secretary may direct that the whole or a part of the amount of a person's sole parent pension is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account nominated and maintained by the person to whom the sole parent pension is payable.
(3) The account may be an account that is maintained by a person to whom the sole parent pension is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the sole parent pension is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 278
Where pension payday would fall on public holiday etc.

278. If the Secretary is satisfied that an amount of sole parent pension that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 279
Payment of pension after death

279. (1) If:
(a) a sole parent pension is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of sole parent pension payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in
special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If the Secretary pays an amount of sole parent pension under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of sole parent pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Protection of sole parent pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 280
Sole parent pension to be absolutely inalienable

280. (1) Subject to subsection (2) and section 1359, sole parent pension is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of sole parent pension payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 281
Effect of garnishee or attachment order

281. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of sole parent pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method statement
Step 1. Work out the total amount of sole parent pension payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Recipient obligations

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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 282
Secretary may require some recipients to give information about
domestic circumstances
De facto relationship

282. (1) If:
(a) a person is receiving sole parent pension; and
(b) a particular residence has been, for a period of at least 8 weeks, the principal home of both the recipient and a person of the opposite sex; and
(c) the recipient is not legally married to the other person; and
(d) the recipient and the other person are not within a prohibited relationship for the purposes of section 23B of the Marriage Act 1961; and
(e) at least one of the following subparagraphs is satisfied:
(i) a child of both the people also lives in the residence;
(ii) the people have joint ownership of the residence;
(iii) the people are joint lessees of the residence and the original duration of the lease was at least 10 years;
(iv) the people have joint assets with a total value of more than $4,000;
(v) the people have joint liabilities totalling more than $1,000;
(vi) the people have at any time been legally married to each other;
(vii) the people have at any time shared another residence with each other;
the Secretary may give the recipient a notice that requires the recipient to give the Secretary:
(f) specified information about the recipient's relationship with the other person; and
(g) any other information that might be relevant to the question whether the other person is the recipient's partner. Note: for the effect of a failure to comply with the notice see sections 296 and 297.

Living separately and apart under the one roof
(2) If:
(a) a person is receiving sole parent pension; and
(b) a particular residence has been, for a period of at least 8 weeks, the principal home of both the recipient and a person of the opposite sex; and
(c) the recipient and the other person are legally married to one another; and
(d) the recipient and the other person:
(i) are living separately and apart on a permanent basis; or
(ii) claim to be living separately and apart on a permanent basis; the Secretary may give the recipient a notice that requires the recipient to give the Secretary:
(e) specified information about the recipient's relationship with the other person; and
(f) any other information that might be relevant to the question whether the recipient and the other person are living separately and apart on a permanent basis.
Note: for the effect of a failure to comply with the notice see sections 296 and 297.

Kind of information that may be specified
(3) Information specified under paragraph (1) (f) or (2) (e) is to be information:
(a) that is within the recipient's own knowledge; or
(b) that the recipient can reasonably be expected to obtain.

Notice to state effect of failure to comply with notice
(4) A notice under subsection (1) or (2) is to state that the recipient's sole parent pension will be suspended if the recipient does not give the Secretary the required information within 14 days after the notice is given.

Offence
(5) A person must not, in purporting to comply with a notice under subsection (1) or (2), knowingly or recklessly give the Secretary information that is false or misleading in a material particular.
Penalty: $2,000 or imprisonment for 12 months, or both.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 283
Secretary's obligations if recipient complies with section 282 notice
De facto relationship

283. (1) If:
(a) a person is receiving a sole parent pension; and
(b) the Secretary gives the recipient a notice under subsection 282 (1) about the recipient's relationship with another person to whom the recipient is not legally married; and
(c) the recipient purports to give the Secretary the information required by the notice; and
(d) the Secretary is satisfied that the recipient has given the Secretary all the relevant information;
the Secretary must form an opinion whether the recipient is living with the other person in a marriage-like relationship. Note: in forming this opinion, the Secretary must apply the rule laid down in subsection 4 (4).

Favourable subsection (1) determination to be followed by investigation moratorium
(2) If the Secretary forms the opinion, under subsection (1), that the claimant is not living with the other person in a marriage like relationship,

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the Secretary must not cause or permit any action to be taken for the purposes of, or in connection with, an investigation of the claimant's relationship with the other person until:
(a) the Secretary has reason to believe that the claimant's domestic circumstances have changed so that:
(i) a circumstance set out in subsection 263 (1) that did not previously apply to the claimant now applies to the claimant; or
(ii) a circumstance set out in subsection 263 (1) that previously applied to the claimant now applies to the claimant for a different reason; or
(b) 12 weeks after the Secretary formed the opinion under subsection (1) of this section;
whichever is earlier.

Living separately and apart under the one roof
(3) If:
(a) a person is receiving a sole parent pension; and
(b) the Secretary gives the recipient a notice under subsection 282 (2) about the recipient's relationship with another person to whom the recipient is legally married; and
(c) the recipient purports to give the Secretary the information required by the notice; and
(d) the Secretary is satisfied that the recipient has given the Secretary all the relevant information;
the Secretary must form an opinion whether the recipient is living separately and apart from the other person on a permanent basis.
Note: in forming this opinion, the Secretary must apply the rule laid down in subsection 4 (5).

Favourable subsection (3) determination to be followed by investigation moratorium
(4) If the Secretary forms the opinion, under subsection (3), that the claimant is living separately and apart from the other person on a permanent basis, the Secretary must not cause or permit any action to be taken for the purposes of, or in connection with, an investigation of the claimant's relationship with the other person until 12 weeks after the Secretary formed that opinion.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 284
Secretary may require notice of the happening of an event or a
change in circumstances

284. (1) The Secretary may give a person to whom a sole parent pension is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the pension.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 285
Secretary may require recipient to give particular information
relevant to payment of sole parent pension

285. (1) The Secretary may give a person to whom a sole parent pension is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the pension to the person.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and

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(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 286
Self incrimination

286. (1) A person is not excused from giving information pursuant to a notice under section 284 or 285 on the ground that the information may tend to incriminate the person.
(2) Information given by a person pursuant to a notice under section 284 or 285 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 284 (5) or (6) or 285 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 287
Continuing effect of determination
Entitlement determination

287. (1) A determination that:
(a) a person's claim for a sole parent pension is granted; or
(b) a sole parent pension is payable to a person;
continues in effect until:
(c) the pension ceases to be payable under section 288, 289 or 290; or
(d) a further determination in relation to the pension under section 295 or 296 has taken effect.
Note 1: for paragraph (a) see section 267.
Note 2: for paragraph (b) see section 298 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination
(2) A determination of the rate of a sole parent pension continues in effect until:
(a) the pension becomes payable at a lower rate under section 291 or 292; or
(b) a further determination in relation to the pension under section 293 or 294 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 288
Automatic termination - recipient complying with section 284
notification obligations

288. If:
(a) a person who is receiving a sole parent pension is given a notice under section 284; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension would, but for this section, cease to be payable to the person;
the pension continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's pension, there is no automatic rate reduction and a determination under section 294 must be made in order to bring the rate reduction into effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 289
Automatic termination - recipient not complying with section 284

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notification obligations

289. If:
(a) a person who is receiving a sole parent pension is given a notice under section 284; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension ceases to be payable to the person;
the pension ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 290
Automatic termination - failure to provide section 285 statement

290. (1) If:
(a) a person who is receiving a sole parent pension is given a notice under section 285 requiring the person to give the Department a statement; and
(b) the notice relates to the payment of that pension during a period specified in the notice; and
(c) the person does not comply with the notice;
the pension, subject to subsection (2), ceases to be payable to the person as from the first day in that period.
(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person from a day specified in the determination.
(3) The day specified under subsection (2) may be before or after the making of the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 291
Automatic rate reduction - recipient not complying with section
284 notification obligations

291. If:
(a) a person who is receiving a sole parent pension is given a notice under section 284; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence or the event of change in circumstances, the person's rate of pension is to be reduced;
the pension becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 292
Automatic rate reduction - failure to inform Department of payment for
remunerative work where earnings credit account balance available

292. If:
(a) a person who is receiving a sole parent pension is given a notice under section 284; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the pension becomes payable to the person at the reduced rate from the first pension payday after the day on which the person's earnings credit account balance is reduced to nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 293
Rate increase determination

293. If the Secretary is satisfied that the rate at which sole parent pension is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 299.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 294
Rate reduction determination

294. If the Secretary is satisfied that the rate at which a sole parent pension is being, or has been, paid is more than the rate provided for by this
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Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 291 or 292 (see subsection 287 (2)).
Note 2: for the date of effect of a determination under this section see section 300.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 295
Cancellation or suspension determination

295. If the Secretary is satisfied that a sole parent pension is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the pension is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 288, 289 or 290 (see subsection 287 (1)).
Note 2: for the date of effect of a determination under this section see section 300.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 296
Suspension for failure to comply with section 282 notice

296. (1) If:
(a) a person is receiving a sole parent pension; and
(b) the Secretary gives the recipient a notice under section 282; and
(c) the recipient fails to give the Secretary the information required by the notice within 14 days after the notice is given;
the Secretary is to determine that the pension is to be suspended.
(2) If the Secretary suspends a person's sole parent pension under subsection (1), the Secretary must give the person a notice that states that the person's pension will be cancelled if the information required by the notice under section 282 is not given to the Secretary within 14 days after the notice under this subsection is given.
(3) If:
(a) the recipient's sole parent pension is suspended under subsection (1); and
(b) the recipient gives the Secretary the information required within the 14 days referred to in the notice under subsection (2) of this section; and
(c) the Secretary forms the opinion that:
(i) if the notice under section 282 was a notice under subsection 282 (1) about the recipient's relationship with another person to whom the recipient is not legally married - the recipient is not living with the other person in a marriage-like relationship; or
(ii) if the notice under section 282 was a notice under subsection 282 (2) about the recipient's relationship with another person to whom the recipient is legally married - the recipient is living separately and apart from the other person on a permanent basis;
the recipient is entitled to be paid any amounts of sole parent pension that the recipient would have been entitled to be paid if the pension had not been suspended under subsection (1).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 297
Cancellation for failure to comply with subsection 296 (2) notice

297. If:
(a) a person's sole parent pension is suspended under subsection 296 (1); and
(b) the person fails to give the Secretary the information required by the notice under section 282 within the 14 days referred to in the notice under subsection 296 (2);
the Secretary is to determine that the pension is to be cancelled.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 298
Resumption of payment after cancellation or suspension

298. (1) If the Secretary:
(a) cancels or suspends a person's sole parent pension under section 295; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the person did not receive a sole parent pension that was payable to the person; or
(B) the person is not receiving a sole parent pension that is payable to the person;
the Secretary is to determine that a sole parent pension was or is payable to the person.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section 299.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 299

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Date of effect of favourable determination

299. (1) The day on which a determination under section 293 or 298 (in this section called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a sole parent pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a sole parent pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a sole parent pension; and
(b) no notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances
(5) If:
(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination
(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion for the purposes of subsections 5 (12) and (13) that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment ceased, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and

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(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;
the determination takes effect on the day on which the young person became a prescribed student child.

Other determinations
(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 300
Date of effect of adverse determination
General

300. (1) The day on which a determination under section 294 or 295 (in this section called the "adverse determination") takes effect is worked out in accordance with this section. Note: if a person seeks review of a section 297 cancellation decision, payment of the sole parent pension may be continued pending the outcome of the review. If the application for review is made within 14 days of notification of the decision, continued payment will be automatic: see section 1242 (internal review) and section 1252 (review by Social Security Appeals Tribunal). If the application is made after that time, continued payment is at the Secretary's discretion: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act
(4) If:
(a) the person whose pension is affected by the adverse determination has contravened a provision of this Act (other than section 285, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - suspension or cancellation
(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the pension has been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the pension was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 9
Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Continuation of sole parent pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 301
Continuation of sole parent pension for bereavement period where
recipient's only SPP child dies

301. (1) If:
(a) a person is receiving a sole parent pension; and
(b) a dependent or maintained child of the person dies; and
(c) the child was the only SPP child of the person;
the person is qualified for the sole parent pension during the bereavement period as if the child had not died.
(2) Subsection (1) does not apply in respect of any part of the bereavement period after the person stops being a person to whom paragraph 249 (1) (a) applies.
(3) A person's entitlements under this Subdivision are instead of, and not in addition to, any entitlements the person would, but for this Subdivision, have to a social security or service pension or a social security benefit.
(4) A person to whom subsection (1) applies may, by written notice to the Secretary, choose not to receive payments under this Subdivision and to receive instead any payments to which the person would be entitled but for subsection (3).
(5) Where a person makes an election under subsection (4):
(a) this Act has effect accordingly; and
(b) the person may not withdraw the election after the Department has taken all the action required to give effect to the election.
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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 302
Continued sole parent pension rate

302. (1) If a person is qualified for a sole parent pension solely because of section 301, the rate at which the pension is payable is to be determined having regard to the person's actual circumstances.
(2) Without limiting the generality of subsection (1), the rate at which the pension is payable is not to include any amount by way of child related payment within the meaning of section 310.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Death of pensioner partner

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 303
Qualification for payments under this Subdivision

303. (1) If:
(a) a person is receiving a sole parent pension; and
(b) the person is a member of a couple; and
(c) the person's partner dies; and
(d) immediately before the partner died, the partner was receiving:
(i) an age pension; or
(ii) an invalid pension; or
(iii) a carer pension; or
(iv) a sheltered employment allowance instead of an invalid pension; or
(v) a rehabilitation allowance instead of a pension referred to in subparagraph (i) or (ii); or
(vi) a special needs age or invalid pension; or
(vii) a service pension;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 304 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 305 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.
(4) If a person is qualified for payments under this Subdivision in relation to the partner's death, the rate at which sole parent pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 306.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 304
Continued payment of partner's pension or allowance

304. 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 pension paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that payday if the partner had not died.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 305
Lump sum payable in some circumstances

305. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person's partner
had not died, would have been payable to the person on the pension payday immediately before the first available payday; and
(b) the amount that, if the partner had not died,
would have been payable to the partner on the pension payday immediately before the first available payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 306, would have been payable to the person on the pension payday immediately before the first available payday: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the lump sum period.

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Step 5. Multiply the partner's instalment component by the number of pension paydays in the instalment period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 306
Adjustment of person's sole parent pension rate

306. If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 303 (2) not to receive payments under this Subdivision;
the rate of the person's sole parent pension during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of sole parent pension payable to the person is the rate at which the pension would have been payable to the person if the person's partner had not died;
(d) during the bereavement lump sum period (if any), the rate at which sole parent pension is payable to the person is the rate at which the sole parent pension would be payable to the person apart from this Subdivision.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 307
Effect of death of person entitled to payments under this Subdivision

307. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person's partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:

Method statement
(a) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person on the pension payday immediately after the day on which the person dies; and
(b) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person's partner on that pension payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 306, would have been payable to the person on the pension payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the period that commences on the day after the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 308
Matters affecting payment of benefits under this Subdivision

308. (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, credit union or building society (in this subsection called the "financial institution"); and
(c) the financial institution pays to the person, 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 person's partner or anyone else in respect of the
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payment of that money to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Death of dependent or maintained child

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 309
Bereavement payments on death of dependent or maintained child

309. If:
(a) a person is receiving a sole parent pension; and
(b) a dependent or maintained child of the person dies; and
(c) immediately before the child died, the person's sole parent pension rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child; and
(d) the child was not the only SPP child of the person;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 310 provides for sole parent pension to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 311 provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new sole parent pension rate and the rate at which the pension would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional remote area allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 310
Continued payment of child-related amounts

310. If a person is qualified for payments under this Subdivision in relation to the death of a dependent or maintained child, the person's sole parent pension rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 311
Lump sum payable in some circumstances

311. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of a dependent or maintained child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance in respect of the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent or maintained child and somebody else was receiving family allowance in respect of the dependent or maintained child, a corresponding lump sum may be payable to the other person under section 890.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:

Method statement
Step 1. Work out the instalment of sole parent pension payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 310 applies in working out the amount of
this instalment because the payday on which it is payable is within the bereavement rate continuation period.
Step 2. Work out the instalment of sole parent pension that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's sole parent pension rate were not calculated under section 310: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Death of recipient

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 312
Death of recipient

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312. (1) If:
(a) a person is receiving sole parent pension; and
(b) either:
(i) the person is not a member of a couple; or
(ii) the person is a member of a couple and the person's partner:
(A) is not receiving a social security pension; and
(B) is not receiving a social security benefit; and
(C) 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 pension 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 1: for amounts owing to the recipient before the recipient's death see section 279.
Note 2: for death of a person qualified for bereavement payments under Subdivision B see section 307.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 10
Division 10 - Fringe benefits

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 313
Fringe benefits

313. If a person who is receiving a sole parent pension qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 314
Qualification for fringe benefits

314. (1) A person who is receiving a sole parent pension is qualified for fringe benefits if the person's sole parent pension rate is neither income reduced nor assets reduced.
(2) If:
(a) a person who is receiving a sole parent pension is not qualified for fringe benefits under subsection (1); and
(b) the person's sole parent pension rate is income reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
(3) If:
(a) a person who is receiving a sole parent pension is not qualified for fringe benefits under subsection (1); and
(b) the person's sole parent pension rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2
PART 2.7 - WIDOWED PERSON ALLOWANCE

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and payability of
widowed person allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 315
Qualification for widowed person allowance

315. (1) A person is qualified for a widowed person allowance on a pension payday if:
(a) the person:
(i) was a member of a couple; and
(ii) stopped being a member of a couple because the person's partner died on or after 17 February 1989; and
(b) the person is not a member of a couple; and
(c) the person is not qualified for a sole parent pension; and
(d) at least one of the following conditions is satisfied:
(i) when the person's partner died, both the person and the person's partner were Australian residents;
(ii) the person had been an Australian resident for a continuous period of at least 5 years immediately before the day on which the person lodged the claim;
(iii) the person has, at any time, been an Australian resident for a continuous period of at least 10 years;
(iv) the person is a woman:
(A) to whom a wife pension, or a wife's servicepension under Part III of the Veterans' Entitlements Act, was payable immediately before her partner died; and

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(B) who was not in Australia when her partner died; and
(e) the pension payday occurs:
(i) if the person is a man, or a woman who was not pregnant when her partner died - in the period of 12 weeks starting on the day of the death of the partner; or
(ii) if the person is a woman who was pregnant when her partner died:
(A) in the period of 12 weeks starting on the day of the death of the partner; or
(B) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;
whichever ends later.
Note: for "Australian resident" see section 7.
(2) Subsection (1) has effect subject to sections 1218 and 1219 (departure certificate requirements for people leaving Australia).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 316
Widowed person allowance not payable in some circumstances

316. (1) Even though a person is qualified for a widowed person allowance on a pension payday the allowance may not be payable to the person because:
(a) the allowance has not commenced to be payable (see sections 317 and 330); or
(b) the person is in gaol (see Part 3.13); or
(c) the person is already receiving pension or benefit (see section 321).
(2) A widowed person allowance is not payable to a person if the person's widowed person allowance rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 317
Widowed person allowance generally not payable before claim

317. Subject to sections 319 and 320, a widowed person allowance is not payable to a person before the person's provisional commencement day (identified under section 318).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 318
Provisional commencement day
General rule

318. (1) Subject to subsections (2) and (3), a person's provisional commencement day is worked out as follows:
(a) if the person claims the allowance within 4 weeks of the death of the person's partner - the person's provisional commencement day is the day of the death;
(b) if the person does not claim the allowance within 4 weeks of the death of the person's partner - the person's provisional commencement day is the day on which the person claims the allowance.
Note: if the person does not claim the allowance within the period applicable to the person under paragraph 315 (1) (e), no allowance is payable to the person.

Initial incorrect claim followed by claim for widowed person allowance
(2) If:
(a) a person makes a claim (in this subsection called the "initial claim") for:
(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to a widowed person's allowance; and
(b) on the day on which the person makes the initial claim, the person is qualified for a widowed person's allowance; and
(c) the person subsequently makes a claim for a widowed person's allowance; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person; the person's provisional commencement day is:
(e) if the person's initial claim is made within 4 weeks of the death of the person's partner - the day of the death; or
(f) if the person's initial claim is not made within 4 weeks of the death of the person's partner - the day on which the person made the initial claim.
Note: if the person does not claim the allowance within the period applicable to the person under paragraph 315 (1) (e), no allowance is payable to the person.

Early claim
(3) If:
(a) a person lodges a claim for widowed person allowance; and
(b) the person is not, on the day on which the claim is lodged, qualified for widowed person allowance; and
(c) the person becomes qualified for widowed person allowance sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;
the person's provisional commencement day is the first day on which the person is qualified for the allowance and is an Australian resident and in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 319
Backdating - death of partner etc.

319. If:
(a) a person's partner dies; and

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(b) the person's provisional commencement day is within one month after the day on which the partner dies; and
(c) the person is qualified for widowed person allowance at some time in the period between the death of the partner and the provisional commencement day;
the widowed person allowance can become payable before the provisional commencement day but cannot become payable to the person before the first day in the period on which the person is qualified.
Note 1: for "provisional commencement day" see section 318.
Note 2: the allowance will not necessarily be backdated to the day on which the person becomes qualified - some other factor may make the allowance not payable at that time.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 320
Backdating - birth of child

320. If:
(a) a woman gives birth to a child; and
(b) the woman's provisional commencement day is within one month after the day on which the child is born; and
(c) the woman is qualified for a widowed person allowance at some time in the period between the birth of the child and the provisional commencement day;
the widowed person allowance can become payable to the person before the provisional commencement day but cannot become payable to the person before the first day in the period on which the person is qualified.
Note: for "provisional commencement day" see section 318.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 321
Multiple entitlement exclusion

321. A widowed person allowance is not payable to a person if:
(a) the person is receiving:
(i) social security benefit; or
(ii) another social security pension; or
(iii) a service pension; or
(b) the person is a widow who is receiving:
(i) 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; or
(ii) a pension under the Seamen's War Pensions and Allowances
Act 1940 at a rate determined under subsection 18 (1) of that Act.
Note 1: "social security pension" includes widowed person, sheltered employment and rehabilitation allowances and "social security benefit" includes job search allowance.
Note 2: "widow" means a woman who was a member of a couple immediately before her partner died - see section 23.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for widowed person allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 322
Need for a claim

322. (1) A person who wants to be granted a widowed person allowance must make a proper claim for that allowance.
Note: "proper claim" - see section 323 (form), section 324 (manner of lodgment) and section 325 (residence/presence in Australia).
(2) For the purposes of subsection (1), where:
(a) a claim for widowed person allowance is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that pension;
the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 323
Form of claim

323. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 324
Lodgment of claim

324. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.
(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.
Note: for international agreements see Part 4.1.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 325
Claimant must be Australian resident and in Australia

325. A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note 1: for "Australian resident" see subsection 7 (2).

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Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 326
Secretary to determine claim

326. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 327
Grant of claim

327. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for widowed person allowance; and
(b) the allowance is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 328
Date of effect of determination

328. (1) Subject to subsections (2), (3) and (4), a determination under section 327 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for widowed person allowance; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for widowed person allowance; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting the person's claim for widowed person allowance; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Rate of widowed person allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 329
How to work out a person's widowed person allowance rate

329. A person's rate of widowed person allowance is worked out using Pension Rate Calculator C at the end of section 1066 (see Part 3.4).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Payment of widowed person allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 330
Commencement of widowed person allowance

330. A widowed person allowance becomes payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the person.
Note 1: for qualification see section 315.
Note 2: for the circumstances in which a widowed person allowance is not payable see section 316.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 331
Payment by instalments

331. (1) An instalment of widowed person allowance is payable to a person on each pension payday on which:
(a) the person is qualified for the allowance; and
(b) the allowance is payable to the person.
(2) If a person who is qualified for a widowed person allowance is outside
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Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 332
Effect on instalments of backdating claim

332. If:
(a) a person lodges a claim for a widowed person allowance on a particular day (in this section called the "claim day"); and
(b) the person's provisional commencement day is before the claim day;
any instalment of widowed person allowance that would, but for this section, be payable, is payable to the person:
(c) if the claim day was a pension payday - on that day; or
(d) the first pension payday after the claim day.
Note: for "provisional commencement day" see section 318.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 333
Calculation of amount of instalment

333. (1) The amount of an instalment of widowed person allowance is the amount worked out by dividing the amount of the annual rate of the allowance by 26.
(2) If an amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
(4) If, apart from this subsection, the amount of an instalment of allowance would be less than $1.00, the amount of the instalment is to be increased to $1.00.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 334
Manner of payment

334. A person's widowed person allowance is, subject to section 335, to be paid:
(a) to that person; and
(b) in the manner directed by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 335
Nominee payments

335. (1) The Secretary may direct that the whole, or a part, of the amount of a person's widowed person allowance is to be paid to someone else on behalf of the person.
(2) If the Secretary makes a direction under subsection (1), the widowed person allowance is to be paid in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 336
Payment into bank account etc.

336. (1) The Secretary may direct that the whole or a part of the amount of a person's widowed person allowance is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account nominated and maintained by the person to whom the widowed person allowance is payable.
(3) The account may be an account that is maintained by a person to whom the widowed person allowance is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the widowed person allowance is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 337
Where allowance payday would fall on public holiday etc.

337. If the Secretary is satisfied that an amount of widowed person allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 338
Payment of allowance after death

338. (1) If:
(a) a widowed person allowance is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of widowed person allowance payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If the Secretary pays an amount of widowed person allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of widowed person allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Protection of widowed person allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 339
Widowed person allowance to be absolutely inalienable

339. (1) Subject to subsection (2) and section 1359, widowed person
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allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of widowed person allowance payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 340
Effect of garnishee or attachment order

340. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of widowed person allowance payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method statement
Step 1. Work out the total amount of widowed person allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Recipient obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 341
Secretary may require notice of the happening of an event or a
change in circumstances

341. (1) The Secretary may give a person to whom a widowed person allowance is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 342
Secretary may require recipient to give particular information
relevant to payment of widowed person allowance

342. (1) The Secretary may give a person to whom a widowed person allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and

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(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end more than 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 343
Self incrimination

343. (1) A person is not excused from giving information pursuant to a notice under section 341 or 342 on the ground that the information may tend to incriminate the person.
(2) Information given by a person pursuant to a notice under section 341 or 342 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 341 (5) or (6) or 342 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 344
Continuing effect of determination
Entitlement determination

344. (1) A determination that:
(a) a person's claim for a widowed person allowance is to be granted; or
(b) a widowed person allowance is payable to a person; continues in effect:
(c) until the expiry of the period referred to in paragraph 315 (1) (e) which is relevant to the person; or
(d) before that period ends, until:
(i) the allowance ceases to be payable under section 345, 346 or 347; or
(ii) a further determination in relation to the pension under section 352 has taken effect.
Note 1: for paragraph (a) see section 327.
Note 2: for paragraph (b) see section 353 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination
(2) A determination of the rate of a widowed person allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under section 348 or 349; or
(b) a further determination in relation to the allowance under section 350 or 351 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 345
Automatic termination - recipient complying with section 341
notification obligations

345. If:
(a) a person who is receiving a widowed person allowance is given a notice under section 341; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance would, but for this section, cease to be payable to the person;
the allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person allowance, there is no automatic rate reduction and a determination under section 351 must be made in order to bring the rate reduction into effect.
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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 346
Automatic termination - recipient not complying with section 341
notification obligations

346. If:
(a) a person who is receiving a widowed person allowance is given a notice under section 341; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately after the day on which the event or change in circumstance occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 347
Automatic termination - failure to provide section 342 statement

347. (1) If:
(a) a person who is receiving a widowed person allowance is given a notice under section 342 requiring the person to give the Department a statement; and
(b) the notice relates to the payment of that allowance during a period specified in the notice; and
(c) the person does not comply with the notice;
the allowance, subject to subsection (2), ceases to be payable to the person as from the first day in that period.
(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person from a day specified in the determination.
(3) The day specified under subsection (2) may be before or after the making of the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 348
Automatic rate reduction - recipient not complying with section
341 notification obligations

348. If:
(a) a person who is receiving a widowed person allowance is given a notice under section 341; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person rate of allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstance occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 349
Automatic rate reduction - failure to inform Department of payment for
remunerative work where earnings credit account balance available

349. If:
(a) a person who is receiving a widowed person allowance is given a notice under section 341; and
(b) the notice requires the person to inform the Department of a payment for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of a payment of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the allowance becomes payable to the person at the reduced rate from the first pension payday after the day on which the person's earnings credit balance is reduced to nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 350
Rate increase determination

350. If the Secretary is satisfied that the rate at which a widowed person allowance is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 354.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 351

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Rate reduction determination

351. If the Secretary is satisfied that the rate at which a widowed person allowance is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 348 or 349 (see subsection 344 (2)).
Note 2: for the date of effect of a determination under this section see section 355.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 352
Cancellation or suspension determination

352. If the Secretary is satisfied that a widowed person allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the allowance is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 345, 346 or 347 (see subsection 344 (1)).
Note 2: for the date of effect of a determination under this section see section 355.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 353
Resumption of payment after cancellation or suspension

353. (1) If the Secretary:
(a) cancels or suspends a person's widowed person allowance under section 352; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the person did not receive a widowed person allowance that was payable to the person; or
(B) the person is not receiving a widowed person allowance that is payable to the person;
the Secretary is to determine that a widowed person allowance was or is payable to the person.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section 354.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 354
Date of effect of favourable determination

354. (1) The day on which a determination under section 350 or 353 (in this section called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a widowed person allowance; and
(b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a widowed person allowance; and
(b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a widowed person allowance; and
(b) no notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and

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(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances
(5) If:
(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination
(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion for the purposes of subsections 5 (12) and (13) that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;
the determination takes effect on the day on which the young person became a prescribed student child.

Other determinations
(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 355
Date of effect of adverse determination
General

355. (1) The day on which a determination under section 351 or 352 (in this section called the "adverse determination") takes effect is worked out in accordance with this section.
Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act
(4) If:
(a) the person whose allowance is affected by the adverse determination has contravened a provision of this Act (other than sections 342 and 1304 to 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

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False statement or misrepresentation - suspension or cancellation
(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the allowance has been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the allowance was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 9
Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Death of dependent or maintained child

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 356
Bereavement payments on death of dependent or maintained child

356. If:
(a) a person is receiving a widowed person allowance; and
(b) a dependent or maintained child of the person dies; and
(c) immediately before the child died, the person's widowed person allowance rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 357 provides for widowed person allowance to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 358 provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new widowed person allowance rate and the rate at which the allowance would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional remote area allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 357
Continued payment of child-related amounts

357. If a person is qualified for payments under this Subdivision in relation to the death of a dependent or maintained child, the person's widowed person allowance rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 358
Lump sum payable in some circumstances

358. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of a dependent or maintained child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance in respect of the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the instalment of widowed person allowance payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 357 applies in working out the amount of
this instalment because the payday on which it is payable is within the bereavement rate continuation period.

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Step 2. Work out the instalment of widowed person allowance that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's widowed person allowance rate were not calculated under section 357: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Death of recipient

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 359
Death of recipient

359. (1) If:
(a) a person is receiving widowed person allowance; and
(b) 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 pension 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 amounts owing to the recipient before the recipient's death see section 338.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 10
Division 10 - Fringe benefits

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 360
Fringe benefits

360. If a person who is receiving a widowed person allowance qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 361
Qualification for fringe benefits

361. (1) A person who is receiving a widowed person allowance is qualified for fringe benefits if the person's widowed person allowance rate is neither income reduced nor assets reduced.
(2) If:
(a) a person who is receiving a widowed person allowance is not qualified for fringe benefits under subsection (1); and
(b) the person's widowed person allowance rate is income reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
(3) If:
(a) a person who is receiving a widowed person allowance is not qualified for fringe benefits under subsection (1); and
(b) the person's widowed person allowance rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.8
PART 2.8 - WIDOW B PENSION

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and payability of widow B pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 362
Qualification for widow B pension

362. (1) A woman is qualified for a widow B pension if:
(a) the woman:
(i) was, immediately before 1 July 1987, receiving a widow's pension as a class B widow under the 1947 Act; or
(ii) on 1 July 1987 had turned 45 years old and:
(A) was receiving a supporting parent's benefit or a widow's pension as a class A widow on or after that day; or
(B) was receiving a sole parent's pension after 1 March 1989; or
(iii) on 1 July 1987 had turned 50 years old; and
(b) the woman is not qualified for a sole parent pension; and
(c) the woman:
(i) was legally married and her husband has died; or
(ii) was a dependent female, that is:

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(A) she was a member of a couple and her partner has died; and
(B) she was a member of the couple for 3 years immediately before her partner died; and
(C) she was wholly or mainly financially maintained by him; or
(iii) is divorced from her husband; or
(iv) was legally married and her husband has deserted her without just cause for a period of at least 6 months; or
(v) is legally married to a man who is in gaol and has been in gaol continuously for at least 6 months; or
(vi) was:
(A) a party to a purported marriage that is void; and
(B) the man who was the other party to the purported marriage has deserted her without just cause for a period of at least 6 months; and
(C) in the Secretary's opinion, she believed that the purported marriage was valid when it took place; and
(d) the woman is not a member of another couple; and
(e) either:
(i) the woman had been an Australian resident for a continuous period of at least 5 years immediately before the day she lodged the claim for the widow B pension; or
(ii) the woman has, at any time, been an Australian resident for a continuous period of at least 10 years; or
(iii) both the woman and her partner were Australian residents at the time:
(A) if she was legally married and her husband has died - when he died; or
(B) if she was a dependent female - when her partner died; or
(C) if she is divorced - when she became divorced; or
(D) if she was legally married and her husband has deserted her - when she was deserted; or
(E) if she was a party to a purported marriage and the man who was the other party has deserted her - when she was deserted; or
(F) if she was legally married and her husband has been in gaol for a period of at least 6 months - when that period began. Note 1: for "sole parent pension qualifications" see section 249. Note 2: for "Australian resident" see section 7.
(2) A woman does not have to satisfy paragraph (1) (e) in order to be qualified for a widow B pension if:
(a) the woman became a person to whom paragraph (1) (c) applied because of the death of a man; and
(b) the woman was, immediately before the man died, receiving:
(i) a wife pension because the man was receiving:
(A) an age pension; or
(B) an invalid pension; or
(C) a special needs age pension; or
(D) a special needs invalid pension; or
(ii) a wife service pension under Part III of the Veterans' Entitlements Act because the man was receiving a service pension under that Part; and
(c) the woman was not in Australia at the time when the man died.
(3) Subsection (1) has effect subject to:
(a) section 1215 (12 months limit on overseas portability in certain circumstances);
(b) sections 1218 and 1219 (departure certificate requirements for people leaving Australia).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 363
Effect of maintenance rights on qualification for widow B
pension

363. (1) A person is not qualified for a widow B pension if:
(a) the person is entitled to maintenance; and
(b) the Secretary considers that it is reasonable for the person to take action to obtain maintenance; and
(c) the person does not take such action as the Secretary considers reasonable to obtain maintenance.
(2) In subsection (1):
"maintenance", in relation to a person, means maintenance for the person or a dependent child of the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 364
Widow B pension not payable in some circumstances

364. (1) Even though a woman is qualified for a widow B pension, the pension may not be payable to the woman because:
(a) the pension has not commenced to be payable (see sections 365 and 377); or
(b) the woman is in gaol (see Part 3.13); or
(c) the woman is receiving another pension or benefit (see section 368).
(2) A widow B pension is not payable to a woman if the woman's widow B pension rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 365
Widow B pension generally not payable before claim

365. Subject to section 367, a widow B pension is not payable to a woman
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before the woman's provisional commencement day (identified under section 366).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 366
Provisional commencement day
General rule

366. (1) Subject to subsections (2) and (3), a woman's provisional commencement day is the day on which the woman claims the widow B pension.

Initial incorrect claim followed by claim for widow B pension
(2) If:
(a) a woman makes a claim (in this subsection called the "initial claim") for:
(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to a widow B pension; and
(b) on the day on which the woman makes the initial claim, the woman is qualified for a widow B pension; and
(c) the woman subsequently makes a claim for a widow B pension; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the woman;
the woman's provisional commencement day is the day on which the woman made the initial claim.

Early claim
(3) If:
(a) a woman lodges a claim for a widow B pension; and
(b) the woman is not, on the day on which the claim is lodged, qualified for a widow B pension; and
(c) the woman becomes qualified for a widow B pension sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;
the woman's provisional commencement day is the first day on which the woman is qualified for the pension and is an Australian resident and in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 367
Backdating - death of partner etc.

367. If:
(a) a woman's partner dies; and
(b) the woman's provisional commencement day is within one month after the day on which the partner dies; and
(c) the woman is qualified for widow B pension at some time in the period between the death of the partner and the provisional commencement day;
the widow B pension can become payable before the provisional commencement day but is not payable to the woman before the first day in the period on which the woman is qualified.
Note 1: for "provisional commencement day" see section 366.
Note 2: the pension will not necessarily be backdated to the day on which the woman becomes qualified - some other factor may make the pension not payable at that time.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 368
Multiple entitlement exclusion

368. (1) A widow B pension is not payable to a woman if:
(a) the woman is receiving:
(i) another social security benefit; or
(ii) a social security pension; or
(iii) a service pension; or
(b) the woman is a widow who is receiving:
(i) 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; or
(ii) a pension under the Seamen's War Pensions and Allowances Act 1940 at a rate determined under subsection 18 (2) of that Act.
Note 1: "social security pension" includes sheltered employment and rehabilitation allowances and "social security benefit" includes job search allowance.
Note 2: "widow" means a woman who was a member of a couple immediately before her partner died - see section 23.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for widow B pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 369
Need for a claim

369. (1) A woman who wants to be granted a widow B pension must make a proper claim for that pension. Note: for "proper claim" - see section 370 (form), section 371 (manner of lodgment) and section 372 (residence/presence in Australia).
(2) For the purposes of subsection (1), where:
(a) a claim for widow B pension is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that pension;
the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 370
Form of claim

370. To be a proper claim, a claim must be made in writing and must be in
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accordance with a form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 371
Lodgment of claim

371. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a woman approved for the purpose by the Secretary.
(2) Subject to subsection (3), a place or woman approved under subsection (1) must be a place or woman in Australia.
(3) The Secretary may approve a place or woman outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.
Note: for international agreements see Part 4.1.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 372
Claimant must be Australian resident and in Australia

372. (1) A claim by a woman is not a proper claim unless the woman is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
(2) Subsection (1) does not apply to a woman if:
(a) the woman became a person to whom paragraph 362 (c) applies because of the death of a man; and
(b) the woman was, immediately before the man died, receiving:
(i) a wife pension because the man was receiving:
(A) an age pension; or
(B) an invalid pension; or
(ii) a wife service pension under Part III of the Veterans' Entitlements Act because the man was receiving a service pension under that Part; and
(c) the woman was not in Australia at the time when the man died.
Note 1: for "Australian resident" see subsection 7 (2).
Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 373
Secretary to determine claim

373. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 374
Grant of claim

374. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for widow B pension; and
(b) the pension is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 375
Date of effect of determination

375. (1) Subject to subsections (2), (3) and (4), a determination under section 374 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for a widow B pension; and
(b) a notice is given to the woman advising the woman of the making of the previous decision; and
(c) a woman applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for a widow B pension; and
(b) a notice is given to the woman advising the woman of the making of the previous decision; and
(c) a woman applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the woman sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for a widow B pension; and
(b) no notice is given to the woman advising the woman of the making of the previous decision; and
(c) the woman applies to the Secretary under section 1240, for review of

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the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Rate of widow B pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 376
How to work out the rate of widow B pension

376. A woman's widow B pension rate is worked out using Pension Rate Calculator C at the end of section 1066 (see Part 3.4).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Payment of widow B pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 377
Commencement of widow B pension

377. A widow B pension becomes payable to a woman on the first day on which:
(a) the woman is qualified for the pension; and
(b) no provision of this Act makes the pension not payable to the woman.
Note 1: for qualification see section 362.
Note 2: for the circumstances in which a widow B pension is not payable see section 364.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 378
Payment by instalments

378. (1) An instalment of widow B pension is payable to a woman on each pension payday on which:
(a) the woman is qualified for the pension; and
(b) the pension is payable to the woman.
(2) If a woman who is qualified for a widow B pension is outside Australia, the instalments referred to in subsection (1) are to be paid to the woman on such pension paydays as the Secretary determines for the purposes of this subsection.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 379
Effect on instalments of backdating claim

379. If:
(a) a woman lodges a claim for a widow B pension on a particular day (in this section called the "claim day"); and
(b) the woman's provisional commencement day is before the claim day;
any instalment of widow B pension that would, but for this section, be payable to the woman, is payable to the woman:
(c) if the claim day was a pension payday - on that day; or
(d) the first pension payday after the claim day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 380
Calculation of amount of instalment

380. (1) The amount of an instalment of widow B pension is the amount worked out by dividing the amount of the annual rate of the pension by 26.
(2) If an amount that is payable to a woman on a pension payday is not a multiple of 10 cents, the amount is subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
(3) If the amount that is payable to a woman on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
(4) If, apart from this subsection, the amount of an instalment of widow B pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 381
Inmates of benevolent homes

381. (1) While a woman who is receiving a widow B pension is an inmate of a benevolent home:
(a) so much of the woman's pension as does not exceed the pensioner contribution is to be paid to the person who controls the benevolent home for the maintenance of the woman in the benevolent home; and
(b) the balance (if any) is to be paid to the woman receiving the pension.
(2) For the purposes of this section, the pensioner contribution is, subject to subsection (3), 364 times the amount in force from time to time for the purposes of subparagraph 47 (2) (b) (iii) of the National Health Act 1953.
(3) If the amount worked out under subsection (2) is not a multiple of $2.60, the pensioner contribution is the next lower amount that is a multiple of $2.60.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 382
Manner of payment

382. A woman's widow B pension is, subject to section 383, to be paid:
(a) to that woman; and
(b) in the manner directed by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 383
Nominee payments

383. (1) The Secretary may direct that the whole, or a part, of the amount of a woman's widow B pension is to be paid to someone else on behalf of the woman.
(2) If the Secretary makes a direction under subsection (1), the widow B pension is to be paid in accordance with the direction.
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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 384
Payment into bank account etc.

384. (1) The Secretary may direct that the whole or a part of the amount of a woman's widow B pension is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account nominated and maintained by the woman to whom the widow B pension is payable.
(3) The account may be an account that is maintained by a woman to whom the widow B pension is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the widow B pension is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 385
Where pension payday would fall on public holiday etc.

385. If the Secretary is satisfied that an amount of widow B pension that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 386
Payment of pension after death

386. (1) If:
(a) a widow B pension is payable to a woman; and
(b) the woman dies; and
(c) at the date of the woman's death the woman had not received an amount of widow B pension payable to her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If the Secretary pays an amount of widow B pension under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of widow B pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Protection of widow B pension

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 387
Widow B pension to be absolutely inalienable

387. (1) Subject to subsection (2) and section 1359, widow B pension is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of widow B pension payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 388
Effect of garnishee or attachment order

388. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of widow B pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method statement
Step 1. Work out the total amount of widow B pension payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Recipient obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 389
Secretary may require notice of the happening of an event or a
change in circumstances

389. (1) The Secretary may give a woman to whom a widow B pension is being paid a notice that requires the woman to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the woman becomes aware that a specified event or change of circumstances is likely to occur.

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(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the pension.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the woman is to give the information to the Department; and
(d) must specify the period within which the woman is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the woman becomes aware that the event or change of circumstances is likely to occur.
(5) A woman must not refuse or fail to comply with a notice under subsection (1) to the extent that the woman is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A woman must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 390
Secretary may require recipient to give particular information
relevant to payment of widow B pension

390. (1) The Secretary may give a woman to whom a widow B pension is being paid a notice that requires the woman to give the Department a statement about a matter that might affect the payment of the pension to the woman.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the woman is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A woman must not refuse or fail to comply with a notice under subsection (1) to the extent that the woman is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A woman must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 391
Self incrimination

391. (1) A woman is not excused from giving information pursuant to a notice under section 389 or 390 on the ground that the information may tend to incriminate the woman.
(2) Information given by a woman pursuant to a notice under section 389 or 390 is not admissible in evidence against the woman in a criminal proceeding other than a proceeding under, or arising out of, subsection 389 (5) or (6) or 390 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 392
Continuing effect of determination
Entitlement determination

392. (1) A determination that:
(a) a woman's claim for a widow B pension is granted; or
(b) a widow B pension is payable to a woman; continues in effect until:
(c) the pension ceases to be payable under section 393, 394 or 395; or
(d) a further determination in relation to the pension under section 400 has taken effect.
Note 1: for paragraph (a) see section 374.
Note 2: for paragraph (b) see section 401 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.
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Rate determination
(2) A determination of the rate of a widow B pension continues in effect until:
(a) the pension becomes payable at a lower rate under section 396 or 397; or
(b) a further determination in relation to the pension under section 398 or 399 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 393
Automatic termination - recipient complying with section 389
notification obligations

393. If:
(a) a woman who is receiving a widow B pension is given a notice under section 389; and
(b) the notice requires the woman to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the woman informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the woman ceases to be qualified for the pension; or
(ii) the pension would, but for this section, cease to be payable to the woman;
the pension continues to be payable to the woman until the end of the notification period and then ceases to be payable to the woman.
Note: if the woman informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the woman's pension, there is no automatic rate reduction and a determination under section 399 must be made in order to bring the rate reduction into effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 394
Automatic termination - recipient not complying with section 389
notification obligations

394. If:
(a) a woman who is receiving a widow B pension is given a notice under section 389; and
(b) the notice requires the woman to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the woman does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the woman ceases to be qualified for the pension; or
(ii) the pension ceases to be payable to the woman;
the pension ceases to be payable to the woman immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 395
Automatic termination - failure to provide section 390 statement

395. (1) If:
(a) a woman who is receiving a widow B pension is given a notice under section 390 requiring the woman to give the Department a statement; and
(b) the notice relates to the payment of that pension during a period specified in the notice; and
(c) the woman does not comply with the notice;
the pension, subject to subsection (2), ceases to be payable to the woman as from the first day in that period.
(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the woman from a day specified in the determination.
(3) The day specified under subsection (2) may be before or after the making of the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 396
Automatic rate reduction - recipient not complying with section
389 notification obligations

396. If:
(a) a woman who is receiving a widow B pension is given a notice under section 389; and
(b) the notice requires the woman to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the woman does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with
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the notice; and
(e) because of the occurrence of the event or change in circumstances, the woman's rate of pension is to be reduced;
the pension becomes payable to the woman at the reduced rate immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 397
Automatic rate reduction - failure to inform Department of payment for
remunerative work where earnings credit account balance available

397. If:
(a) a woman who is receiving a widow B pension is given a notice under section 389; and
(b) the notice requires the woman to inform the Department of income for remunerative work undertaken by the woman; and
(c) the woman fails to notify the Department of income of that kind in accordance with the notice; and
(d) the woman has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the pension becomes payable to the woman at the reduced rate from the first pension payday after the day on which the woman's earnings credit account balance is reduced to nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 398
Rate increase determination

398. If the Secretary is satisfied that the rate at which a widow B pension is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 402.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 399
Rate reduction determination

399. If the Secretary is satisfied that the rate at which a widow B pension is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 396 or 397 (see subsection 392 (2)).
Note 2: for the date of effect of a determination under this section see section 403.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 400
Cancellation or suspension determination

400. If the Secretary is satisfied that a widow B pension is being, or has been, paid to a woman to whom it is not, or was not, payable under this Act, the Secretary is to determine that the pension is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 393, 394 or 395 (see subsection 392 (1)).
Note 2: for the date of effect of a determination under this section see section 403.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 401
Resumption of payment after cancellation or suspension

401. (1) If the Secretary:
(a) cancels or suspends a woman's widow B pension under section 400; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the woman did not receive a widow B pension that was payable to the woman; or
(B) the woman is not receiving a widow B pension that is payable to the woman;
the Secretary is to determine that a widow B pension was or is payable to the woman.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section 402.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 402
Date of effect of favourable determination

402. (1) The day on which a determination under section 398 or 401 (in this section called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:

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(a) a decision (in this subsection called the "previous decision") is made in relation to a widow B pension; and
(b) a notice is given to the woman to whom the pension is payable advising the woman of the making of the previous decision; and
(c) the woman applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a widow B pension; and
(b) a notice is given to the woman to whom the pension is payable advising the woman of the making of the previous decision; and
(c) the woman applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the woman sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a widow B pension; and
(b) no notice is given to the woman to whom the pension is payable advising the woman of the making of the previous decision; and
(c) the woman applies to the Secretary under section 1240, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances
(5) If:
(a) the favourable determination is made following a woman having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the woman's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination
(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion for the purposes of subsections 5 (12) and (13) that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;
the determination takes effect on the day on which the young person became a

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prescribed student child.

Other determinations
(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 403
Date of effect of adverse determination
General

403. (1) The day on which a determination under section 399 or 400 (in this section called the "adverse determination") takes effect is worked out in accordance with this section. Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act
(4) If:
(a) the woman whose pension is affected by the adverse determination has contravened a provision of this Act (other than sections 390, 1304, 1305, 1306 and 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - suspension or cancellation
(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the pension has been paid to a woman when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the pension was paid to a woman was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 9
Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Death of dependent or maintained child

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 404
Bereavement payments on death of dependent or maintained child

404. If:
(a) a woman is receiving a widow B pension; and
(b) a dependent or maintained child of the woman dies; and
(c) immediately before the child died, the woman's widow B pension rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 405 provides for widow B pension to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 406 provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new widow B pension rate and the rate at which the pension would have been paid if the child had not died but were disregarded for the purposes of working out the the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional remote area allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 405
Continued payment of child-related amounts

405. If a woman is qualified for payments under this Subdivision in relation to the death of a dependent or maintained child, the woman's widow B pension rate during the bereavement rate continuation period is to be calculated as
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if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 406
Lump sum payable in some circumstances

406. If:
(a) a woman is qualified for payments under this Subdivision in relation to the death of a dependent or maintained child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the woman was, immediately before the child died, receiving family allowance in respect of the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the woman qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:

Method statement
Step 1. Work out the instalment of widow B pension payable to the woman on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 405 applies in working out the amount of
this instalment because the payday on which it is payable is within the bereavement rate continuation period.
Step 2. Work out the instalemtn of widow B pension that would have been payable to the woman on the payday immediately before the first available bereavement adjustment payday if the woman's widow B pension rate were not calculated under section 405: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the woman under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Death of recipient

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 407
Death of recipient

407. (1) If:
(a) a person is receiving widow B pension; and
(b) 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 pension 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 amounts owing to the recipient before the recipient's death see section 386.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 10
Division 10 - Fringe benefits

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 408
Fringe benefits

408. If a woman who is receiving a widow B pension qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 409
Qualification for fringe benefits

409. (1) A woman who is receiving a widow B pension is qualified for fringe benefits if the woman's widow B pension rate is neither income reduced nor assets reduced.
(2) If:
(a) a person who is receiving a widow B pension is not qualified for fringe benefits under subsection (1); and
(b) the person's widow B pension rate is income reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
(3) If:
(a) a person who is receiving a widow B pension is not qualified for fringe benefits under subsection (1); and

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(b) the person's widow B pension rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.9
PART 2.9 - SHELTERED EMPLOYMENT ALLOWANCE

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and payability
of sheltered employment allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 410
Qualification for sheltered employment allowance
Qualified for invalid pension

410. (1) A person is qualified for a sheltered employment allowance if:
(a) the person is engaged in sheltered employment; and
(b) the person is qualified for invalid pension.
Note 1: for "sheltered employment" see sections 32 and 33.
Note 2: for the qualifications for invalid pension see section 94.

Not qualified for invalid pension
(2) A person is qualified for a sheltered employment allowance if:
(a) the person is engaged in sheltered employment; and
(b) the person is incapacitated for work; and
(c) subsection (1) does not apply to the person; and
(d) the Secretary is of the opinion that if the person was no longer provided with sheltered employment:
(i) the person would be permanently incapacitated for work; and
(ii) the degree of the permanent incapacity for work would be 85% or more; and
(iii) 50% or more of the incapacity for work would be directly caused by a physical or mental impairment; and
(e) the person has turned 16 and is under the pension age; and
(f) the Secretary is satisfied that, having regard to:
(i) whether the person was an Australian resident when the person became incapacitated for work; and
(ii) if the person was not an Australian resident when the person became incapacitated for work - the degree of the person's incapacity when the person became an Australian resident;
it is reasonable for this subsection to apply to the person.
Note 1: for "sheltered employment" see sections 32 and 33.
Note 2: for "pension age" see section 23.
Note 3: for "Australian resident" see section 7.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 411
Sheltered employment allowance not payable in some circumstances

411. (1) Even though a person is qualified for a sheltered employment allowance, the allowance may not be payable to the person because:
(a) the allowance has not commenced to be payable (see sections 412 and 424); or
(b) the person or the person's partner has received compensation (see Part 3.14); or
(c) the person is in gaol (see Part 3.13); or
(d) the person is already receiving pension or benefit (see section 413); or
(e) the Secretary has determined that it is in the person's interest to receive another pension or benefit (see section 414); or
(f) the person fails to comply with a requirement that the person:
(i) attend a medical examination; or
(ii) receive treatment; or
(iii) undertake a training course; or
(iv) do suitable work;
as required by section 415.
(2) A sheltered employment allowance is not payable to a person if the person's sheltered employment allowance rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 412
Sheltered employment allowance not payable before day determined by Secretary

412. (1) A sheltered employment allowance is not payable to a person before the day determined by the Secretary.
(2) The day determined by the Secretary can be a day before the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 413
Multiple entitlement exclusion

413. A sheltered employment allowance is not payable to a person if the person is receiving:
(a) another social security pension; or
(b) a social security benefit; or
(c) a service pension.

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Note: "social security pension" includes rehabilitation allowance and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 414
Sheltered employment allowance not payable if in person's
interest to receive other pension or benefit

414. If:
(a) a person is qualified for a sheltered employment allowance; and
(b) another social security pension or benefit is also payable to the person; and
(c) the Secretary is satisfied that it is in the person's interests to receive the other pension or benefit instead of sheltered employment allowance;
the Secretary may determine that:
(d) sheltered employment allowance is not payable to the person; and
(e) the other pension or benefit is to be paid to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 415
Secretary may require person to have medical examination, attend
course or undertake work

415. (1) If:
(a) a person is receiving, or has lodged a claim for, a sheltered employment allowance; and
(b) the Secretary is of the opinion that the person should:
(i) undergo a medical or psychological examination; or
(ii) receive medical or other treatment; or
(iii) undertake a course of vocational training; or
(iv) undertake a course:
(A) which the person could reasonably undertake; and
(B) to which the person has been referred by the CES; or
(v) do any work suitable to be done by the person; and
(c) the Secretary notifies the person that the person is required to:
(i) undergo that examination; or
(ii) receive that treatment; or
(iii) undertake that course; or
(iv) do that work; and
(d) the person does not take reasonable steps to comply with the Secretary's requirements;
a sheltered employment allowance is not payable to the person for a period determined by the Secretary.
(2) The Secretary may determine that a sheltered employment allowance is payable for a period for which he or she had previously determined that it was not payable under subsection (1) if within a reasonable period the person takes reasonable steps to comply with the Secretary's requirements.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for sheltered employment allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 416
Secretary may require claim

416. (1) The Secretary may require a person who wants to be granted a sheltered employment allowance to make a proper claim for that allowance.
Note: for "proper claim" - see section 417 (form) and section 418 (manner of lodgment).
(2) For the purposes of subsection (1), if:
(a) a claim for sheltered employment allowance is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that allowance;
the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 417
Term of claim

417. To be a proper claim, a claim must be made in writing and must be in accordance with the form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 418
Lodgment of claim

418. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) A place or person approved under subsection (1) must be a place or person in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 419
Secretary to determine claim

419. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 420
Grant of claim

420. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for sheltered employment allowance; and
(b) the allowance is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 421

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Date of effect of determination

421. (1) Subject to subsection (2), a determination under section 420 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for sheltered employment allowance; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for sheltered employment allowance; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for sheltered employment allowance; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Rate of sheltered employment allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 422
Rate of sheltered employment allowance

422. (1) A person's sheltered employment allowance rate is an annual rate equal to the sum of:
(a) the rate of invalid pension that would, in the Secretary's opinion, be payable to the person if the person were receiving an invalid pension; and
(b) the rate of wife or carer pension that would, in the Secretary's opinion, be payable to the person's partner (if applicable) if the person were receiving an invalid pension.
(2) No amount is to be added under paragraph (1) (b) if the person's partner is receiving:
(a) a social security or service pension; or
(b) a social security benefit.
Note: "social security pension" includes sheltered employment and rehabilitation allowance and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 423
Incentive allowance

423. For the purposes of subsection 422, in calculating the rate of invalid pension that would be payable to a person if the person were receiving an invalid pension, the person is taken to satisfy the requirements of point 1064-J1 of Pension Rate Calculator A (qualifications for incentive allowance - not blind) and point 1065-F1 of Pension Rate Calculator B (qualifications for incentive allowance - blind).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Payment of sheltered employment allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 424
Commencement of sheltered employment allowance

424. A sheltered employment allowance becomes payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the person.
Note 1: for qualification see section 410.
Note 2: for circumstances in which a sheltered employment allowance is not payable see section 411.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 425
Payment by instalments

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425. A full instalment of sheltered employment allowance is payable to a person on each pension payday on which:
(a) the person is qualified for the allowance; and
(b) the allowance is payable to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 426
Effect on instalments of backdated determination

426. If the date determined by the Secretary under section 412 is a date before the day on which the determination was made (in this section called the "determination day"), any instalment of sheltered employment allowance, that would, but for this section, be payable, is payable to the person:
(a) if the determination day was a pension payday - on that day; or
(b) the first pension payday after the determination day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 427
Calculation of amount of instalment

427. (1) The amount of an instalment of sheltered employment allowance is the amount worked out by dividing the amount of the annual rate of the allowance by 26.
(2) If an amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
(4) If, apart from this subsection, the amount of an instalment of sheltered employment allowance would be less than $1.00, the amount of the instalment is to be increased to $1.00.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 428
Manner of payment

428. A person's sheltered employment allowance is, subject to section 429, to be paid:
(a) to that person; and
(b) in the manner directed by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 429
Nominee payments

429. (1) The Secretary may direct that the whole, or a part, of the amount of a person's sheltered employment allowance is to be paid to someone else on behalf of the person.
(2) If the Secretary makes a direction under subsection (1), the sheltered employment allowance is to be paid in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 430
Payment into bank account etc.

430. (1) The Secretary may direct that the whole, or a part, of the amount of a person's sheltered employment allowance is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account nominated and maintained by the person to whom the sheltered employment allowance is payable.
(3) The account may be an account that is maintained by a person to whom the sheltered employment allowance is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the sheltered employment allowance is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 431
Where allowance payday would fall on public holiday etc.

431. If the Secretary is satisfied that an amount of sheltered employment allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 432
Payment of allowance after death

432. (1) If:
(a) a sheltered employment allowance is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of sheltered employment allowance payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If the Secretary pays an amount of sheltered employment allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of sheltered employment allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Protection of sheltered employment allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 433
Sheltered employment allowance to be absolutely inalienable

433. (1) Subject to subsection (2) and section 1359, sheltered employment allowance is absolutely inalienable, whether by way of, or in consequence of,
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sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of sheltered employment allowance payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 434
Effect of garnishee or attachment order

434. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of sheltered employment allowance payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method statement
Step 1. Work out the total amount of sheltered employment allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Recipient obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 435
Secretary may require notice of the happening of an event or a
change in circumstances

435. (1) The Secretary may give a person to whom a sheltered employment allowance is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 436
Secretary may require recipient to give particular information
relevant to payment of sheltered employment allowance

436. (1) The Secretary may give a person to whom a sheltered employment allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and

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(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 437
Self incrimination

437. (1) A person is not excused from giving information pursuant to a notice under section 435 or 436 on the ground that the information may tend to incriminate the person.
(2) Information given by a person pursuant to a notice under section 435 or 436 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 435 (5) or (6) or 436 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 438
Continuing effect of determination
Entitlement determination

438. (1) A determination that:
(a) a sheltered employment allowance is to be granted to a person; or
(b) a sheltered employment allowance is to be paid to a person; or continues in effect until:
(c) the allowance ceases to be payable under section 439 or 440; or
(d) a further determination in relation to the allowance under section 445 has taken effect.
Note 1: for paragraph (a) see section 420.
Note 2: for paragraph (b) see section 446 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination
(2) A determination of the rate of a sheltered employment allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under section 441 or 442; or
(b) a further determination in relation to the allowance under section 443 or 444 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 439
Automatic termination - recipient complying with section 435
notification obligations

439. If:
(a) a person who is receiving a sheltered employment allowance is given a notice under section 435; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance would, but for this section, cease to be payable to the person;
the allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's allowance, there is no automatic rate reduction and a determination under section 444 must be made in order to bring the rate reduction into effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 440
Automatic termination - recipient not complying with section 435

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notification obligations

440. If:
(a) a person who is receiving a sheltered employment allowance is given a notice under section 435; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 441
Automatic rate reduction - recipient not complying with section
435 notification obligations

441. If:
(a) a person who is receiving a sheltered employment allowance is given a notice under section 435; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 442
Automatic rate reduction - failure to inform Department of payment for
remunerative work where earnings credit account balance available

442. If:
(a) a person who is receiving a sheltered employment allowance is given a notice under section 435; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the allowance becomes payable to the person at the reduced rate from the first pension payday after the day on which the person's earnings credit account balance is reduced to nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 443
Rate increase determination

443. If the Secretary is satisfied that the rate at which a sheltered employment allowance is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 447.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 444
Rate reduction determination

444. If the Secretary is satisfied that the rate at which a sheltered employment allowance is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 441 or 442 (see subsection 438 (2)).
Note 2: for the date of effect of a determination under this section see section 448.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 445
Cancellation or suspension determination

445. If the Secretary is satisfied that a sheltered employment allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the allowance is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 439 or 440 (see subsection 438 (1)).

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Note 2: for the date of effect of a determination under this section see section 448.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 446
Resumption of payment after cancellation or suspension

446. (1) If the Secretary:
(a) cancels or suspends a person's sheltered employment allowance under section 445; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the person did not receive sheltered employment allowance that was payable to the person; or
(B) the person is not receiving sheltered employment allowance that is payable to the person;
the Secretary is to determine that a sheltered employment allowance was or is payable to the person.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section 447.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 447
Date of effect of favourable determination

447. (1) The day on which a determination under section 443 or 446 (in this subsection called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's sheltered employment allowance; and
(b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's sheltered employment allowance; and
(b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's sheltered employment allowance; and
(b) no notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances
(5) If:
(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination
(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion for the purposes of subsections 5 (12) and (13) that a

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person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.

Other determinations
(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 448
Date of effect of adverse determination
General

448. (1) The day on which a determination under section 444 or 445 (in this section called the "adverse determination") takes effect is worked out in accordance with this section.
Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act
(4) If:
(a) the person whose sheltered employment allowance is affected by the adverse determination has contravened a provision of this Act (other than section 436, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - suspension or cancellation
(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the allowance has been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the allowance was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 9
Division 9 - Bereavement payments

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Death of pensioner partner

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 449
Qualification for payments under this Subdivision

449. (1) If:
(a) a person is receiving a sheltered employment allowance instead of an invalid pension; and
(b) the person is a member of a couple; and
(c) the person's partner dies; and
(d) immediately before the partner died, the partner was receiving:
(i) an age pension; or
(ii) an invalid pension; or
(iii) a carer pension; or
(iv) a sheltered employment allowance instead of an invalid pension; or
(v) a rehabilitation allowance instead of a pension referred to in subparagraph (i) or (ii); or

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(vi) a service pension;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 450 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 451 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 sheltered employment allowance instead of an invalid pension; and
(b) the person is a member of a couple; and
(c) the person's partner dies; and
(d) immediately before the partner died, the person's sheltered employment allowance rate included an amount under paragraph 422 (1) (b) in respect of the partner;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note: for the consequences of this subsection on a person's sheltered employment allowance rate see section 452.
(3) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
(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 sheltered employment allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (3), governed by section 452.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 450
Continued payment of partner's pension or allowance

450. If a person qualifies under subsection 449 (1) 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 pension paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that payday if the partner had not died.
Note: a person who qualifies under subsection 449 (2) receives a similar benefit through the operation of paragraph 452 (c).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 451
Lump sum payable in some circumstances

451. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:

Method statement
Step 1. Add up:
(a) the amount that, if the person's partner
had not died, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday; and
(b) the amount (if any) that, if the partner
had not died, would have been payable to the partner on the pension payday immediately before the first available bereavement adjustment payday:
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 452, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the partner's instalment component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 452
Adjustment of person's sheltered employment allowance rate

452. If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 449 (3) not to receive
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payments under this Subdivision;
the person's sheltered employment allowance rate during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the person's sheltered employment allowance rate is the rate at which the allowance would have been payable to the person if the person's partner had not died;
(d) during the bereavement lump sum period (if any), the person's sheltered employment allowance rate is the rate at which the allowance would be payable to the person apart from this Subdivision.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 453
Effect of death of person entitled to payments under this Subdivision

453. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person's partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:

Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person on the pension payday immediately after the day on which the person dies; and
(b) the amount (if any) that, if neither the
person nor the person's partner had died, would have been the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 452, would have been payable to the person on the pension payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the partner's instalment component.
Step 4. Work out the number of pension paydays in the period that commences on the day after the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 454
Matters affecting payment of benefits under this Subdivision

454. (1) If:
(a) a person is qualified for payments under this Subdivision and in relation to the death of the person's partner; and
(b) after the person's partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person's partner except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If:
(a) a person is qualified for payments under this Subdivision and 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, credit union or building society (in this subsection called the "financial institution"); and
(c) the financial institution pays to the person, out of the 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 person's partner or anyone else in respect of the payment of that money to the person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Death of dependent child

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 455
Bereavement payments on death of dependent child

455. If:
(a) a person is receiving a sheltered employment allowance instead of an age or invalid pension; and

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(b) a dependent child of the person dies; and
(c) immediately before the child died, the person's sheltered employment allowance rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 456 provides for sheltered employment allowance to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 457 provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new sheltered employment allowance rate and the rate at which the allowance would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
Note 3: . dependent child add-on;
Note 3: . guardian allowance;
Note 3: . additional rent assistance;
Note 3: . additional incentive allowance;
Note 3: . additional remote area allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 456
Continued payment of child-related amounts

456. If the person is qualified for payments under this Subdivision in relation to the death of a dependent child, the person's sheltered employment allowance rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 457
Lump sum payable in some circumstances

457. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of a dependent child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance in respect of the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:

Method statement
Step 1. Work out the instalment of sheltered employment allowance payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Step 1. Note: section 456 applies in working out the amount of this instalment because the payday on which it is payable is within the bereavement rate continuation period.
allowance that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's sheltered employment allowance rate were not calculated under section 456: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Death of recipient

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 458
Death of recipient

458. (1) If:
(a) a person is receiving sheltered employment 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

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(B) is not receiving a social security benefit; and
(C) 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 pension 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 1: for amounts owing to the recipient before the recipient's death see section 432.
Note 2: for death of a person qualified for bereavement payments under Subdivision A see section 453.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 10
Division 10 - Fringe benefits

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 459
Fringe benefits

459. If a person who is receiving sheltered employment allowance qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 460
Qualification for fringe benefits

460. (1) A person who is receiving a sheltered employment allowance is qualified for fringe benefits if the person's sheltered employment allowance rate is neither income reduced nor assets reduced.
(2) If:
(a) a person who is receiving a sheltered employment allowance is not qualified for fringe benefits under subsection (1); and
(b) the person's sheltered employment allowance rate is income reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
(3) If:
(a) a person who is receiving a sheltered employment allowance is not qualified for fringe benefits under subsection (1); and
(b) the person's sheltered employment allowance rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - PART 2.10
PART 2.10 - REHABILITATION ALLOWANCE

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 1
Division 1 - Qualification for and
payability of rehabilitation allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - Qualification

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 461
Qualification for rehabilitation allowance

461. A person is qualified for a rehabilitation allowance if:
(a) the person is undertaking a rehabilitation program; and
(b) immediately before starting the rehabilitation program, the person was qualified for:
(i) an invalid pension; or
(ii) a sole parent pension; or
(iii) a widowed person allowance; or
(iv) a widow B pension; or
(v) a sheltered employment allowance; or
(vi) a social security benefit; and
(c) where the person is not a member of a couple - the person has turned 16; and
(d) the person has not turned 65.
Note 1: for "rehabilitation program" see section 23.
Note 2: "social security benefit" includes job search allowance.
Note 3: for "member of a couple" see section 4.
Note 4: a person does not stop being qualified for a rehabilitation allowance merely because the person stops being qualified for a payment referred to in paragraph (b). In many cases, enrolment in the program may disqualify the person from a pension or benefit for which the person was previously qualified. For example, a person who was receiving unemployment benefit before starting the program may no longer be qualified for unemployment benefit because the person is not available for work. If the person does remain qualified for another pension or benefit, the person may choose to receive the other pension or benefit instead of rehabilitation allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B

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Subdivision B - Payability

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 462
Rehabilitation allowance not payable in some circumstances

462. (1) Even though a person is qualified for a rehabilitation allowance, the allowance may not be payable to the person because:
(a) the allowance has not commenced to be payable (see sections 463 and 476); or
(b) the person or the person's partner has received compensation (see Part 3.14); or
(c) the person is in gaol (see Part 3.13); or
(d) the person is already receiving pension or benefit (see section 464).
(2) A rehabilitation allowance is not payable to a person if the person's rehabilitation allowance rate would be nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 463
Rehabilitation allowance not payable before date determined by
Secretary

463. (1) A rehabilitation allowance is not payable to a person before the day determined by the Secretary.
(2) The day determined by the Secretary can be a day before the determination is made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 464
Multiple entitlement exclusion

464. A rehabilitation allowance is not payable to a person if the person is receiving:
(a) another social security pension; or
(b) a social security benefit; or
(c) a service pension.
Note: "social security pension" includes sheltered employment allowance and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 2
Division 2 - Claim for rehabilitation allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 465
Secretary may require claim

465. (1) The Secretary may require a person who wants to be granted a rehabilitation allowance to make a proper claim for that allowance.
Note: for "proper claim" - see section 466 (form) and section 467 (manner of lodgment).
(2) For the purposes of subsection (1), if:
(a) a claim for rehabilitation allowance is made by or on behalf of a person; and
(b) at the time when the claim is made the claim cannot be granted because the person is not qualified for that allowance;
the claim is to be taken to have not been made.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 466
Form of claim

466. To be a proper claim, a claim must be made in writing and must be in accordance with the form approved by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 467
Lodgment of claim

467. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) A place or person approved under subsection (1) must be a place or person in Australia.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 3
Division 3 - Determination of claim

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 468
Secretary to determine claim

468. The Secretary must, in accordance with this Act, determine the claim.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 469
Grant of claim

469. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for rehabilitation allowance; and
(b) the allowance is payable.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 470
Date of effect of determination

470. (1) Subject to subsections (2), (3) and (4), a determination under section 469 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for rehabilitation allowance; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the

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application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for rehabilitation allowance; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified
(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for rehabilitation allowance; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 4
Division 4 - Rate of rehabilitation allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 471
How to work out the rate of rehabilitation allowance

471. The rate of rehabilitation allowance is a fortnightly rate worked out as follows:

Method statement
Step 1. Work out whether the person was receiving an invalid pension immediately before starting the rehabilitation program.
Step 2. If the person was receiving an invalid pension immediately before the person started the rehabilitation program, the person's rate of rehabilitation allowance is worked out using section 472.
Step 3. If the person was not receiving an invalid pension immediately before the person started the rehabilitation program:
(a) use section 473 to work out the person's
qualifying payment; and Step 3. (b) the person's rate of rehabilitation allowance depends on the person's qualifying payment and is worked out using sections 474 and 475.
Note 1: for "rehabilitation program" see section 23.
Note 2: a person's rate of rehabilitation allowance is based on the the invalid pension rate unless a higher rate would be payable if the person were receiving the person's qualifying payment. Where a person is a member of a couple, it is intended that the income of the couple be the same as if the person were receiving invalid pension. If the person was receiving invalid pension before starting the rehabilitation program, this is achieved by continuing the person's rate of invalid pension because the person's partner can remain qualified for a wife or carer pension. Where the person was not receiving invalid pension, the person's partner will not be qualified for a wife or carer pension. The person may therefore receive an amount for the person's partner (see section 474).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 472
Rate of rehabilitation allowance - person previously receiving
invalid pension

472. If, immediately before a person started a rehabilitation program, the person was receiving an invalid pension, the person's rate of rehabilitation allowance on a pension payday is the amount of invalid pension that would be payable to the person on that payday if the person were receiving an invalid pension.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 473
Qualifying payment
Person receiving a payment before rehabilitation program

473. (1) If, immediately before a rehabilitation program started, a person was receiving:
(a) an invalid pension; or
(b) a sole parent pension; or
(c) a widowed person allowance; or
(d) a widow B pension; or
(e) a social security benefit;
the person's qualifying payment is that pension, benefit or allowance.
Note: "social security benefit" includes job search allowance.

Person not receiving a payment before rehabilitation program
(2) If, immediately before a rehabilitation program started:
(a) a person was qualified for one or more of the following:

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(i) an invalid pension;
(ii) a sole parent pension;
(iii) a widowed person allowance;
(iv) a widow B pension;
(v) a social security benefit; and
(b) subsection (1) does not apply to the person (the person was not actually receiving the payment);
the person's qualifying payment is:
(c) where the person was qualified for only one pension, benefit or allowance referred to in paragraph (a) - that pension, benefit or allowance; and
(d) where the person was qualified for more than one pension, benefit or allowance referred to in paragraph (a) - the pension, benefit or allowance for which the highest rate would have been payable immediately before the person started the rehabilitation program if the person had then been receiving that pension, benefit or allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 474
Rate of rehabilitation allowance - person not receiving invalid
pension before rehabilitation program

474. (1) If a person was not receiving an invalid pension immediately before starting a rehabilitation program, the person's rehabilitation allowance rate on a pension payday is whichever is the greater of:
(a) the amount that would be payable to the person on thatpayday if the person were receiving the person's qualifying payment; and
(b) the sum of:
(i) the amount that would be payable to the person on that payday if the person were receiving an invalid pension; and
(ii) subject to subsection (2), the amount (if any) that would be payable to the person's partner on that payday by way of wife or carer pension if the person were receiving an invalid pension.
Note 1: for "qualifying payment" see section 473.
Note 2: if the person's qualifying payment is a social security benefit, see section 475 for the amount that person would receive on a pension payday if the person were receiving that benefit.
(2) An amount is not to be included under subparagraph (1) (b) (ii) if the person's partner is receiving:
(a) a social security or service pension; or
(b) a social security benefit.
Note: "social security pension" includes rehabilitation allowance and sheltered employment allowance and "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 475
Amount payable on pension payday - social security benefit

475. For the purposes of paragraph 474 (1) (a), where a person's qualifying payment is a social security benefit, the amount that the person would receive on a pension payday if the person were receiving that benefit is taken to be the amount of that benefit which the person would receive for the period of 14 days ending on the pension payday.
Note: "social security benefit" includes job search allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 5
Division 5 - Payment of rehabilitation allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 476
Commencement of rehabilitation allowance

476. A rehabilitation allowance becomes payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the person.
Note 1: for qualification see section 461.
Note 2: for circumstances in which a rehabilitation allowance is not payable see section 462.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 477
Payment by instalments

477. (1) A full instalment of rehabilitation allowance is payable to a person on each pension payday on which:
(a) the person is qualified for the allowance; and
(b) the allowance is payable to the person.
(2) Where a person who is qualified for a rehabilitation allowance is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 478
Effect on instalments of backdated determination

478. If the date of effect of a determination under section 469 is before the day on which the determination was made (in this section called the "determination day"), any instalment of rehabilitation allowance, that would, but for this section, be payable, is payable to the person:
(a) if the determination day was a pension payday - on that day; or
(b) the first pension payday after the determination day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 479

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Calculation of amount of instalment

479. The amount of an instalment of rehabilitation allowance is the fortnightly rate of rehabilitation allowance.
Note: for calculation of the fortnightly rate see sections 471 to 475.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 480
Manner of payment

480. A person's rehabilitation allowance is, subject to section 481, to be paid:
(a) to that person; and
(b) in the manner directed by the Secretary.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 481
Nominee payments

481. (1) The Secretary may direct that the whole, or a part, of the amount of a person's rehabilitation allowance is to be paid to someone else on behalf of the person.
(2) If the Secretary makes a direction under subsection (1), the rehabilitation allowance is to be paid in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 482
Payment into bank account etc.

482. (1) The Secretary may direct that the whole or a part of the amount of a person's rehabilitation allowance is to be paid, at the intervals that the Secretary specifies, to the credit of an account with a bank, credit union or building society.
(2) The account must be an account maintained by the person to whom the rehabilitation allowance is payable.
(3) The account may be an account that is maintained by a person to whom the rehabilitation allowance is payable jointly or in common with another person.
(4) If the Secretary gives a direction under subsection (1), the rehabilitation allowance is to be payable in accordance with the direction.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 483
Where allowance payday would fall on public holiday etc.

483. If the Secretary is satisfied that an amount of rehabilitation allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 484
Payment of allowance after death

484. (1) If:
(a) a rehabilitation allowance is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of rehabilitation allowance payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) Where the Secretary pays an amount of rehabilitation allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of rehabilitation allowance.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 6
Division 6 - Protection of rehabilitation allowance

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 485
Rehabilitation allowance to be absolutely inalienable

485. (1) Subject to subsection (2) and section 1359, rehabilitation allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient's request
(2) The Secretary may make deductions from the instalments of rehabilitation allowance payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 486
Effect of garnishee or attachment order

486. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of rehabilitation allowance payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:

Method statement
Step 1. Work out the total amount of rehabilitation allowance payable to the person that has been paid to the credit of the account during the 4 week

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period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 7
Division 7 - Recipient obligations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 487
Secretary may require notice of the happening of an event or a
change in circumstances

487. (1) The Secretary may give a person to whom a rehabilitation allowance is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance.
(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
(4) The period specified under paragraph (3) (d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 488
Secretary may require recipient to give particular information
relevant to payment of rehabilitation allowance

488. (1) The Secretary may give a person to whom a rehabilitation allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.
(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 489
Self incrimination

489. (1) A person is not excused from giving information pursuant to a notice under section 487 or 488 on the ground that the information may tend to
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incriminate the person.
(2) Information given by a person pursuant to a notice under section 487 or 488 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 487 (5) or (6) or 488 (5) or (6).

SOCIAL SECURITY ACT 1991 No. 46, 1991 - DIVISION 8
Division 8 - Continuation, variation and termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION A
Subdivision A - General

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 490
Continuing effect of determination
Entitlement determination

490. (1) A determination that:
(a) a rehabilitation allowance is to be granted to a person; or
(b) a rehabilitation allowance is to be paid to a person; continues in effect until:
(c) the allowance ceases to be payable under section 491 or 492; or
(d) a further determination in relation to the allowance under section 497 has taken effect.
Note 1: for paragraph (a) see section 469.
Note 2: for paragraph (b) see section 498 - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination
(2) A determination of the rate of a rehabilitation allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under section 493 or 494; or
(b) a further determination in relation to the allowance under section 495 or 496 has taken effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION B
Subdivision B - Automatic termination

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 491
Automatic termination - recipient complying with section 487
notification obligations

491. If:
(a) a person who is receiving a rehabilitation allowance is given a notice under section 487; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance would, but for this section, cease to be payable to the person;
the allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's allowance, there is no automatic rate reduction and a determination under section 496 must be made in order to bring the rate reduction into effect.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 492
Automatic termination - recipient not complying with section 487
notification obligations

492. If:
(a) a person who is receiving a rehabilitation allowance is given a notice under section 487; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION C
Subdivision C - Automatic rate reduction

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 493
Automatic rate reduction - recipient not complying with section
487 notification obligations

493. If:
(a) a person who is receiving a rehabilitation allowance is given a notice under section 487; and

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(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstances occurs.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 494
Automatic rate reduction - failure to inform Department of payment for
remunerative work where earnings credit account balance available

494. If:
(a) a person who is receiving a rehabilitation allowance is given a notice under section 487; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the allowance becomes payable to the person at the reduced rate from the first pension payday after the day on which the person's earnings credit account balance is reduced to nil.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION D
Subdivision D - Determinations

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 495
Rate increase determination

495. If the Secretary is satisfied that the rate at which a rehabilitation allowance is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 499.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 496
Rate reduction determination

496. If the Secretary is satisfied that the rate at which a rehabilitation allowance is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 493 or 494 (see subsection 490 (2)).
Note 2: for the date of effect of a determination under this section see section 500.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 497
Cancellation or suspension determination

497. If the Secretary is satisfied that a rehabilitation allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the allowance is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 491 or 492 (see subsection 490 (1)).
Note 2: for the date of effect of a determination under this section see section 500.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 498
Resumption of payment after cancellation or suspension

498. (1) If the Secretary:
(a) cancels or suspends a person's rehabilitation allowance under section 497; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that:
(i) the decision to cancel or suspend was incorrect; and
(ii) because of the decision to cancel or suspend:
(A) the person did not receive rehabilitation allowance that was payable to the person; or
(B) the person is not receiving rehabilitation allowance that is payable to the person;
the Secretary is to determine that a rehabilitation allowance is payable to the person.
(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section 499.

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SUBDIVISION E
Subdivision E - Date of effect of determinations

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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 499
Date of effect of favourable determination

499. (1) The day on which a determination under section 495 or 498 (in this subsection called the "favourable determination") takes effect is worked out in accordance with this section.

Notified decision - review sought within 3 months
(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's rehabilitation allowance; and
(b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.

Notified decision - review sought after 3 months
(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's rehabilitation allowance; and
(b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for revie