Social Security Act 1991
No. 46 of 1991
READER’S GUIDE
This Guide is intended to help you work out where you need to look in the Act to find the information you need. The Guide explains how the Act is arranged and how things like the Table of Parts, the definitions and the notes can help you in reading the Act.
1. Use the Tables of Parts and Provisions to find your area of interest.
The Table of Parts (which is to be found straight after this Guide) is a general list of the contents of the Act. The Table of Provisions (which comes after the Table of Parts) is more detailed—it lists every section in the Act.
2. The Act is divided into 8 Chapters.
Chapter 1 is introductory and contains definitions.
Chapter 2 deals with each type of pension, benefit or allowance under the Act.
Chapter 3 deals with general rules explaining e.g. how to work out the rate of pension, benefit or allowance, how the assets test works etc.
Chapter 4 deals with portability of pensions, benefits or allowances and with international agreements.
Chapter 5 deals with overpayments and debt recovery.
Chapter 6 deals with review of decisions made under the Act.
Chapter 7 deals with administrative matters.
Chapter 8 deals with miscellaneous matters, including offences under the Act.
3. There is a separate Part in Chapter 2 for each type of pension, benefit or allowance.
Chapter 2 is divided into Parts. Each Part deals with one type of pension, benefit or allowance. To find out about a particular type of payment (e.g. sole parent pension), look at the Table of Parts at the beginning of the Act. It will direct you to Part 2.6 for the provisions dealing with sole parent pension.
Within each Part dealing with a type of pension, benefit or allowance, the topics are dealt with in this order:
• qualification and payability (who can get the type of payment?)
• claim (how do you go about claiming it?)
• determination of claim (when is it granted from?)
• rate (if it is granted, what will the rate be?)
• payment (how is it paid?)
• protection (how is your payment protected?)
• recipient obligations (if you get it, what are your obligations?)
• continuation, variation and determination (if you get it, when can the rate be increased or decreased and when can the payment be cancelled or suspended?)
• bereavement payments (what happens if you get it and someone who affects your rate dies?)
• fringe benefits (who can get fringe benefits?)
4. The other Chapters deal with general topics.
The other Chapters deal with topics that are relevant to several, or to all, types of pension, benefit or allowance. The main provisions of this kind are:
• rate calculation (Parts 3.1 to 3.8)
• fringe benefits means tests (Part 3.9)
• income and assets test (Parts 3.10, 3.11 and 3.12)
• effect of imprisonment (Part 3.13)
• effect of compensation (Part 3.14)
• indexation (Part 3.15)
• international agreements (Part 4.1)
• overseas portability (Part 4.2)
• overpayments and debt recovery (Chapter 5)
• review of decisions (Chapter 6)
• administration (Chapter 7)
• miscellaneous (Chapter 8)
5. Definitions are generally in Chapter 1.
The definitions of terms used in the Act are generally at the front of the Act, after the Table of Provisions and the formal citation and commencement provisions.
Related definitions have been grouped together to help give a complete picture of the terms relating to a particular topic or concept.
6. The Index of definitions is at section 3.
The Index of defined terms (section 3) has been provided to tell you exactly where a particular term is defined. If you are not sure whether a term is a defined term, or you are not sure where a term is defined, check the Index at section 3.
7. Notes and examples throughout the Act help explain how certain provisions work.
Notes are to be found throughout the text and these are designed to help you find your way through the document. Notes tell you where to find definitions and alert you to other provisions in this Act and in other legislation that are relevant to the text you are reading. Examples are also used to help explain how some provisions work—in particular those involving complex calculations.
Social Security Act 1991
No. 46 of 1991
TABLE OF PARTS
| | CHAPTER 1—INTRODUCTORY |
| Part 1.1 | - Formal matters |
| Part 1.2 | - Definitions |
| Part 1.3 | - Determinations having interpretative effect |
| Part 1.4 | - Miscellaneous |
| | CHAPTER 2—PENSIONS, BENEFITS AND ALLOWANCES |
| Part 2.1 | - Introduction |
| Part 2.2 | - Age pension |
| Part 2.3 | - Invalid pension |
| Part 2.4 | - Wife pension |
| Part 2.5 | - Carer pension |
| Part 2.6 | - Sole parent pension |
| Part 2.7 | - Widowed person allowance |
| Part 2.8 | - Widow B pension |
| Part 2.9 | - Sheltered employment allowance |
| Part 2.10 | - Rehabilitation allowance |
| Part 2.11 | - Unemployment benefit |
| Part 2.12 | - Job search allowance |
| Part 2.13 | - Employment Entry Payment |
| Part 2.14 | - Sickness benefit |
| Part 2.15 | - Special benefit |
| Part 2.16 | - Special needs pensions |
| Part 2.17 | - Family allowance |
| Part 2.18 | - Family allowance supplement |
| Part 2.19 | - Child disability allowance |
| Part 2.20 | - Double orphan pension |
| Part 2.21 | - Mobility allowance |
TABLE OF PARTS—continued
| | CHAPTER 3—GENERAL PROVISIONS RELATING TO PAYABILITY AND RATES |
| Part 3.1 | - Rate Calculators (General) |
| Part 3.2 | - Pension Rate Calculator A |
| Part 3.3 | - Pension Rate Calculator B |
| Part 3.4 | - Pension Rate Calculator C |
| Part 3.5 | - Benefit Rate Calculator A |
| Part 3.6 | - Benefit Rate Calculator B |
| Part 3.7 | - Family Allowance Rate Calculator |
| Part 3.8 | - Family Allowance Supplement Rate Calculator |
| Part 3.9 | - Fringe benefits means test calculators |
| Part 3.10 | - General provisions relating to the ordinary income test |
| Part 3.11 | - General provisions relating to the maintenance income test |
| Part 3.12 | - General provisions relating to the assets test |
| Part 3.13 | - Imprisonment |
| Part 3.14 | - Compensation recovery |
| Part 3.15 | - New Enterprise Incentive Scheme |
| Part 3.16 | - Indexation |
| Part 3.17 | - Miscellaneous |
| | CHAPTER 4—INTERNATIONAL AGREEMENTS AND PORTABILITY |
| Part 4.1 | - International agreements |
| Part 4.2 | - Overseas portability |
| | CHAPTER 5—OVERPAYMENTS AND DEBT RECOVERY |
| Part 5.1 | - Effect of Chapter |
| Part 5.2 | - Amounts recoverable under this Act |
| Part 5.3 | - Methods of recovery |
| Part 5.4 | - Non-recovery of overpayments and debts |
| | CHAPTER 6—REVIEW OF DECISIONS |
| Part 6.1 | - Internal review |
| Part 6.2 | - Review by the Social Security Appeals Tribunal |
| Part 6.3 | - Procedures for review by the SSAT |
| Part 6.4 | - Review by Administrative Appeals Tribunal |
| | CHAPTER 7—ADMINISTRATION |
| Part 7.1 | - General administration |
| Part 7.2 | - Information management |
| Part 7.3 | - Social Security Appeals Tribunal |
| | CHAPTER 8—MISCELLANEOUS |
| | SCHEDULES |
Social Security Act 1991
No. 46 of 1991
TABLE OF PROVISIONS
| | CHAPTER 1—INTRODUCTORY |
| | PART 1.1—FORMAL MATTERS |
| Section | |
| 1. | Short title |
| 2. | Commencement |
| | PART 1.2—DEFINITIONS |
| 3. | Index of definitions |
| 4. | Family relationships definitions—couples |
| | Member of a couple—general |
| | Member of a couple—criteria for marriage-like relationship |
| | Member of a couple—special excluding determination |
| | Illness separated couple |
| | Respite care couple |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | Excluded amounts—home equity conversion (not member of a couple) |
| | Excluded amounts—home equity conversion (member of a couple) |
| | Home equity conversion (amount owed) |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | CHAPTER 2—PENSIONS, BENEFITS AND ALLOWANCES |
| | PART 2.1—INTRODUCTION |
| 40. | Order of provisions/structure of Parts |
| 41. | Qualification for/payability of pension, benefit or allowance |
| 42. | Payday-based payments and period-based payments |
| | PART 2.2—AGE PENSION |
| | Division 1—Qualification for and payability of age pension |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| 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 |
TABLE OF PROVISIONS—continued
| Section | Prescribed student child determination |
| | Other determinations |
| 134. | Date of effect of adverse determination |
| | General |
| | Contravention of Act |
| | False statement or 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 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 |
| 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| 247. | Fringe benefits |
| 248. | Qualification for fringe benefits |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 273. | Calculation of amount of instalment |
| 274. | Inmates of benevolent homes |
| 275. | Manner of payment |
| 276. | Nominee payments |
| 277. | Payment into bank account etc. |
| 278. | Where pension payday would fall on public holiday etc. |
| 279. | Payment of pension after death |
| | Division 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 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 295. | Cancellation or suspension determination |
| 296. | Suspension for failure to comply with section 282 notice |
| 297. | Cancellation for failure to comply with subsection 296 (2) notice |
| 298. | Resumption of payment after cancellation or suspension |
| | Subdivision 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 318. | Provisional commencement day General rule Initial incorrect claim followed by claim for widowed person allowance Early claim |
| 319. | Backdating—death of partner etc. |
| 320. | Backdating—birth of child |
| 321. | Multiple entitlement exclusion |
| | Division 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| 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 allowance Qualified for invalid pension Not qualified for invalid pension |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 542. | Duration of education leavers waiting period |
| | General rule |
| | Change of status in first 6 weeks |
| | Change of status after 6 weeks |
| | Notification required |
| | Reduction of waiting period for periods of special benefit and employment |
| | Reduction of education leavers waiting period where already partially served |
| | 6 month ceiling |
| | Subdivision 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 |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 616. | Unemployment due to misconduct |
| 617. | Refusal of job offer |
| 618. | Removal from allowance for failure to take reasonable steps to find work |
| 619. | Removal from allowance for failure to comply with notification requirements |
| 620. | Removal from allowance for failure to continue CES registration |
| 621. | Seasonal workers |
| 622. | Move to area of lower employment |
| | Division 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 |
| 642. | Job search allowance to be absolutely inalienable Payments to Commissioner of Taxation at recipients 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 671. | Assets test—benefit not payable if assets value limit exceeded |
| 672. | Value of assets of members of couples |
| 673. | Person previously receiving job search allowance |
| 674. | Full-time students |
| 675. | Multiple entitlement exclusion |
| 676. | Provisional commencement day |
| 677. | Commencement of sickness benefit |
| | Claim within 5 weeks of incapacity and no waiting period applying |
| | Claim within 5 weeks of incapacity and ordinary waiting period applying |
| | Claim within 5 weeks of incapacity and unused annual leave wailing period |
| | applying |
| | Claim more than 5 weeks after incapacity and delay due to incapacity |
| | Claim more than 5 weeks after incapacity and delay not due to incapacity |
| 678. | Initial incorrect claim followed by a claim for sickness benefit |
| | Subdivision C—Situations where benefit not payable (waiting periods) |
| 679. | Unused annual leave waiting period |
| 680. | Notional leave period |
| 681. | Duration of unused annual leave waiting period |
| 682. | Ordinary waiting period |
| 683. | Duration of ordinary waiting period |
| | No unused annual leave waiting period |
| | Unused annual leave waiting period |
| 684. | Education leavers waiting period |
| | Persons subject to waiting period |
| | No education leavers waiting period in some cases where already served |
| 685. | Duration of education leavers waiting period |
| | General rule |
| | Change of status in first 6 weeks |
| | Change of status after 6 weeks |
| | Notification required |
| | Reduction of waiting period for periods of special benefit and employment |
| | Reduction of education leavers waiting period where already partially served |
| | 6 month ceiling |
| | Subdivision 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
| 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | 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 |
| | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | Division 5—Rate of special needs pension |
| 796. | How to work out a person’s special needs pension rate |
| SPECIAL NEEDS PROPORTIONAL RATE CALCULATOR |
| Module A—Overall rate calculation process |
| Module B—Australian working life residence |
| Module C—Residence factor |
| | Division 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 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 |
| 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 843. | Provisional commencement day |
| | General rule |
| | Initial incorrect claim followed by claim for family allowance |
| 844. | Backdating—birth of child |
| 845. | Backdating—new client |
| 846. | Family allowance not payable to 2 people for the same child |
| | Division 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 |
TABLE OF PROVISIONS—continued
| Section | 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 |
| 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 months 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 |
TABLE OF PROVISIONS—continued
| Section | |
| | 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 sup/dement |
| 899. | Claim within 4 weeks of birth |
| 900. | Claim within 6 weeks of ceasing other payments |
| 901. | Family allowance supplement not payable to 2 people in respect of the same child |
| | Division 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. |
| 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 |
TABLE OF PROVISIONS—continued
| Section | 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 |
TABLE OF PROVISIONS—continued
| Section | |
| 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 |
| 957. |