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Act No. 141 of 1991 as made
An Act to amend the Social Security Act 1991 in relation to disability and sickness support, and for related purposes
Administered by: Social Services; Employment
Date of Assent 09 Oct 1991
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART 1 - INTRODUCTORY

Section

1. Short title etc.

2. Commencement

PART 2 - AMENDMENTS RELATING TO INVALID PENSION

3. General definitions

4. Insertion of new section:

28A. Approval of programs of assistance

5. Insertion of new section:

791A. Claimant must be under pension age

6. Grant of pension or allowance when person is outside Australia

7. Some pensions generally portable without time limit

8. Insertion of new section:

1213A. Portability of invalid pension
General
Pensions granted on or after 1 July 1991 to
persons not severely disabled
Pensions granted on or after 1 July 1991 to
persons severely disabled
Departure certificates and short residence

PART 3 - AMENDMENTS RELATING TO DISABILITY SUPPORT PENSION AND SICKNESS
ALLOWANCE

9. General definitions

10. Repeal and substitution of new Part:

PART 2.3 - DISABILITY SUPPORT PENSION

Division 1 - Qualification for and payability of disability support pension

Subdivision A - Qualification

94. Qualification for disability support pension -
continuing inability to work
Meaning of continuing inability
Person not qualified in certain circumstances

95. Qualification for disability support pension -
permanent blindness
Person not qualified in certain circumstances

96. Refusal to attend interview etc. may lead to
disqualification

97. Departure certificate requirements apply

Subdivision B - Payability

98. Disability support pension not payable in some
circumstances

99. Disability support pension generally not
payable before claim or end of waiting period

100. Provisional commencement day
General rule
Initial incorrect claim followed by a claim for
disability support pension
Early claim
Claim resulting from a major disaster

101. Provision of person's tax file number

102. Provision of partner's tax file number

103. Multiple entitlement exclusion

104. Rehabilitation and assistance programs

105. Refusal to attend interview etc.

Division 2 - Claim for disability support pension

106. Need for a claim

107. Form of claim

108. Lodgment of claim

109. Claimant must be under pension age

110. Claimant must be Australian resident and in Australia

111. Secretary may require claimant to give
statement of claimant's tax file number

112. Secretary may require claimant to give
statement of partner's tax file number

Division 3 - Determination of claim

113. Secretary to determine claim

114. Grant of claim

115. 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

116. Examination by medical practitioner

Division 5 - Rate of disability support pension

117. How to work out a person's disability support pension rate

Division 6 - Payment of disability support pension

118. Commencement of disability support pension

119. Payment by instalments

120. Effect on instalments of backdating claim

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121. Calculation of amount of instalment

122. Inmates of benevolent homes

123. Payment to person

124. Nominee payments

125. Payment into bank account etc.

126. Where pension payday would fall on public holiday etc.

127. Payment of pension after death

Division 7 - Protection of disability support pension

128. Disability support pension to be absolutely inalienable
Payments to Commissioner of Taxation at
recipient's request

129. Effect of garnishee or attachment order

Division 8 - Recipient obligations

130. Secretary may require recipient to give
statement of recipient's tax file number

131. Secretary may require recipient to give
statement of partner's tax file number

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

133. Secretary may require recipient to give
particular information relevant to payment of
disability support pension

134. Self incrimination

Division 9 - Continuation, variation and termination

Subdivision A - General

135. Continuing effect of determination
Entitlement determination
Rate determination

Subdivision B - Automatic termination

136. Automatic termination - transfer to new payment type

137. Automatic termination - recipient complying
with section 132 notification obligations

138. Automatic termination - recipient not complying
with section 132 notification obligations

139. Suspension may occur instead of automatic
termination in some circumstances

140. Suspension may be taken to have occurred

Subdivision C - Automatic rate reduction

141. Automatic rate reduction - partner starting to
receive pension or benefit

142. Automatic rate reduction - recipient not
complying with section 132 notification obligations

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

Subdivision D - Determinations

144. Rate increase determination

145. Rate reduction determination

146. Cancellation or suspension determination

146A. Cancellation or suspension for failure to
comply with section 132, 1304 or 1305 notice

146B. Changes to payments by computer

146C. Resumption of payment after cancellation or suspension

Subdivision E - Date of effect of determinations

146D. 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

146E. 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

146F. Qualification for payments under this Subdivision

146G. Continued payment of partner's pension or allowance

146H. Lump sum payable in some circumstances

146J. Adjustment of person's disability support pension rate

146K. Effect of death of person entitled to payments
under this Subdivision

146L. Matters affecting payment of benefits under this Subdivision

Subdivision B - Death of dependent child

146M. Bereavement payments on death of dependent child

146N. Continued payment of child-related amounts

146P. Lump sum payable in some circumstances

Subdivision C - Death of recipient

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146Q. Death of recipient

Division 11 - Fringe benefits

146R. Fringe benefits

146S. Qualification for fringe benefits

146T. 12 month extension of fringe benefits - person ceasing to be
on disability support pension because of employment

146U. 12 month extension of fringe benefits - person
failing income test because of employment income

11. Qualification for wife pension

12. Insertion of new sections:

664C. Disability support pension recipients

664D. Amount of section 664C payment

13. Repeal of Parts 2.9 and 2.10

14. Repeal and substitution of new Part:

PART 2.14 - SICKNESS ALLOWANCE

Division 1 - Qualification for and payability of sickness allowance

Subdivision A - Basic qualification

666. Qualification for sickness allowance
Work
Person cannot qualify for sickness allowance in
respect of same medical condition within 2 years
Person receiving job search allowance or newstart
allowance immediately before qualifying for sickness allowance
Person not qualified in certain circumstance

667. Person undertaking rehabilitation program may
qualify for sickness allowance
Person not qualified in certain circumstances

668. Refusal to attend interview etc. may lead to disqualification

669. Time limit on qualification for sickness allowance
Secretary may extend maximum allowance period

670. Person ceases to be qualified for sickness
allowance after one year

671. Certain extensions at end of 52nd week

672. Where Secretary makes determination, person ceases
to be qualified after 2 years

673. Special case - person undertaking rehabilitation program

674. Temporary absence from Australia

675. Loss of income

676. Liquid assets test waiting period

Subdivision B - Situations where allowance not payable (general)

677. Sickness allowance not payable in certain circumstances

678. Provision of tax file number

679. Provision of partner's tax file number

680. Assets test - allowance not payable if assets
value limit exceeded

681. Value of assets of members of couples

682. Person previously receiving job search allowance (under 18)

683. Person previously receiving job search allowance (18 or over)

684. Person previously receiving newstart allowance

685. Full-time students

686. Multiple entitlement exclusion

687. Provisional commencement day
Claim resulting from a major disaster

688. Commencement of sickness allowance
Claim within 5 weeks of incapacity and no waiting period applying
Claim within 5 weeks of incapacity and ordinary waiting
period applying
Claim within 5 weeks of incapacity and unused
annual leave waiting period applying
Claim more than 5 weeks after incapacity and delay
due to incapacity
Claim more than 5 weeks after incapacity and delay
not due to incapacity

689. Initial incorrect claim followed by claim for sickness allowance

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

690. Unused annual leave waiting period

691. Notional leave period

692. Duration of unused annual leave waiting period

693. Ordinary waiting period

694. Duration of ordinary waiting period
No unused annual leave waiting period
Unused annual leave waiting period

695. Education leavers waiting period
Persons subject to waiting period
No education leavers waiting period in some cases
where already served

696. Duration of education leavers waiting period
General rule
Change of status in first 6 weeks

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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 allowance not payable
(recipient non-compliance)

697. Rehabilitation programs

698. Refusal to attend interview etc.

Division 2 - Claim for sickness allowance

699. Need for a claim

700. Form of claim

701. Lodgment of claim

702. Claimant must be Australian resident and in Australia

703. Temporary absence from Australia

704. Medical certificate to accompany claim

705. Secretary may require claimant to give statement
of partner's tax file number

Division 3 - Determination of claim

706. Secretary to determine claim

707. Grant of claim

708. Date of effect of determination
Notified decision - review sought within 3 months
Notified decision - review sought after 3 months
Decision not notified

Division 4 - Rate of sickness allowance

709. How to work out a person's sickness allowance rate

710. 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

711. Limitation on rate - loss of job search or
newstart allowance qualification

712. Limitation on rate - transferee
Partner getting wife or carer pension
Other transferee cases

713. Sickness allowance recipient may ask Secretary to
change appropriate tax year

714. Rate of persons receiving sickness allowance with
rent assistance since before 1 July 1987

Division 5 - Payment of sickness allowance

715. Commencement of sickness allowance

716. Instalments

717. Instalments for period less than a fortnight

718. Rounding off instalment

719. Payment to person

720. Nominee payments

721. Payment into bank account etc.

722. Where allowance payday would fall on public
holiday etc.

723. Payment of allowance after death

Division 6 - Protection of sickness allowance

724. Sickness allowance to be absolutely inalienable
Payments to Commissioner of Taxation at recipient's request

725. Effect of garnishee or attachment order

Division 7 - Recipient obligations

726. Secretary may require recipient to give statement
of partner's tax file number

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

728. Secretary may require recipient to give particular
information relevant to payment of sickness allowance

728A. Self incrimination

Division 8 - Continuation, variation and termination

Subdivision A - General

728B. Continuing effect of determination
Entitlement determination
Rate determination

Subdivision B - Automatic termination

728C. Automatic termination when maximum allowance period ends

728D. Automatic termination - transfer to new payment type

728E. Automatic termination - recipient complying with
section 727 notification obligations

728F. Automatic termination - recipient not complying
with section 727 notification obligations

Subdivision C - Automatic rate reduction

728G. Automatic rate reduction - partner starting to receive
pension or benefit

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728H. Automatic rate reduction - recipient not
complying with section 727 notification obligations

Subdivision D - Determinations

728J. Rate increase determination

728K. Rate reduction determination

728L. Cancellation or suspension determination

728M. Cancellation or suspension for failure to comply
with section 727, 1304 or 1305 notice

728N. Changes to payments by computer

728P. Resumption of payment after cancellation or suspension

Subdivision E - Date of effect of determinations

728Q. 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

728R. 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 child

728S. Bereavement payments on death of dependent child

728T. Continued payment of child-related amounts

728U. Lump sum payable in some circumstances

Subdivision B - Death of recipient

728V. Death of recipient

15. Qualification for mobility allowance

16. Rate of mobility allowance

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

18. Rate of age, disability support (over 20), wife and
carer pensions (people who are not blind)

19. Rate of age and disability support (over 20) pensions (blind people)

20. Insertion of new Parts:

PART 3.4A - PENSION RATE CALCULATOR D

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

PART 3.4B - PENSION RATE CALCULATOR E

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

21. Insertion of new sections:

1198A. Adjustment of disability support pension (under
21 and child) MBRs

1198B. Adjustment of disability support pension (under
21 and no child) MBRs

1198C. Adjustment of youth disability supplement

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

23. Schedule 1A - Savings and transitional provisions

24. Consequential amendments

25. Insertion of Schedule of Impairment Tables

PART 4 - AMENDMENT OF THE HEALTH INSURANCE ACT 1973

26. Principal Act

27. Insertion of new section:

4CA. Disadvantaged persons, being children attracting
child disability allowance

SCHEDULE 1
CONSEQUENTIAL AMENDMENTS

SCHEDULE 2
NEW SCHEDULE 1B TO THE SOCIAL SECURITY ACT 1991

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - LONG TITLE

An Act to amend the Social Security Act 1991 in relation to
disability and sickness support, and for related purposes

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - PART 1
PART 1 - INTRODUCTORY

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 1
Short title etc.

(Assented to 9 October 1991)
1. (1) This Act may be cited as the Social Security (Disability and Sickness Support) Amendment Act 1991.
(2) In this Act, "Principal Act" means the Social Security Act 1991.*1*

(Minister's second reading speech made in-
House of Representatives on 31 May a.m. 1991
Senate on 5 June 1991)
*1* No. 46, 1991, as amended. For previous amendments, see Nos. 68, 69, 70, 73, 74, 115 and 116, 1991.

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 2

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Commencement

2. (1) Part 1 commences on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act commence on 12 November 1991.

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - PART 2
PART 2 - AMENDMENTS RELATING TO INVALID PENSION

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 3
General definitions

3. Section 23 of the Principal Act is amended:
(a) by inserting in subsection (1) the following definitions:
"physical impairment" includes sensory impairment;
"program of assistance" means:
(a) a program approved under section 28A; or
(b) a program offered as part of the competitive employment
training and placement services as defined by section 7 of the Disability Services Act 1986;";
(b) by inserting after subsection (4A) the following subsection:
"(4B) For the purposes of this Act, a person is severely disabled if:
(a) a physical impairment, a psychiatric impairment, an intellectual impairment, or 2 or all of such impairments, of the person make the person, without taking into account any other factor, totally unable:
(i) to work for at least the next 2 years; and
(ii) unable to benefit within the next 2 years from participation
in a program of assistance or a rehabilitation program; or
(b) the person is permanently blind.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 4

4. After section 28 of the Principal Act the following section is inserted:
Approval of programs of assistance
"28A. The Secretary of the Department of Employment, Education and Training may, by writing, approve:
(a) a course of vocational training; or
(b) a labour market program; or
(c) another course or program;
(other than a rehabilitation program) as a program of assistance for the purposes of this Act.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 5

5. After section 791 of the Principal Act, the following section is inserted in Division 2 of Part 2.16 of Chapter 2:
Claimant must be under pension age
"791A. A claim by a person for special needs disability support pension is not a proper claim unless the person is under the pension age on the day on which the claim is lodged.
Note: the pension age is 65 for a man and 60 for a woman.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 6
Grant of pension or allowance when person is outside Australia

6. (1) Section 1212 of the Principal Act is amended:
(a) by omitting subparagraph (3) (c) (ii) and substituting the following subparagraph:
"(ii) if the person is severely disabled - a disability support pension; or";
(b) by inserting after subsection (3) the following subsection:
"(4) If a person who has been granted a disability support pension under subsection (3) ceases to be severely disabled, the person ceases to be qualified for that pension.";
(c) by adding at the end the following Notes:
"Note 4: for "severely disabled" see subsection 23 (4B).
Note 5: subparagraph (3) (c) (ii) and subsection (4) do not affect disability support pensions granted to a person before 12 November 1991 - see subsection 9 (2) of the Social Security (Disability and Sickness Support) Amendment Act 1991.".
(2) If, on 11 November 1991 a person was receiving an invalid pension granted:
(a) while the person was outside Australia; and
(b) on another pension or allowance being cancelled or ceasing to be payable;
section 1212 of the Principal Act as in force before the amendments made by subsection (1) continues to apply in relation to that person.

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 7
Some pensions generally portable without time limit

7. Section 1213 of the Principal Act is amended by omitting paragraph (1) (b).

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 8

8. After section 1213 of the Principal Act, the following section is inserted:
Portability of invalid pension
General
"1213A. (1) Subject to subsections (2) and (3), a person's right to continue to be paid invalid pension is not affected by the person's leaving Australia.
Pensions granted on or after 12 November 1991 to persons not severely disabled

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"(2) If:
(a) a person is receiving a disability support pension granted on or after 12 November 1991; and
(b) the person leaves Australia on or after that day; and
(c) the Secretary decides that the person is not severely disabled when leaving; and
(d) the person continues to be absent from Australia for a period of 12 months;
the person ceases to be qualified for disability support pension on the day after the 12 month period ends.
Pensions granted on or after 12 November 1991 to persons severely disabled
"(3) If:
(a) a person is receiving a disability support pension granted on or after 12 November 1991; and
(b) the person leaves Australia on or after that day; and
(c) the person is severely disabled when leaving; and
(d) the Secretary decides that the person has ceased to be severely disabled; and
(e) the person continues to be absent from Australia for a period of 12 months after the decision; the person ceases to be qualified for disability support pension on the day after the 12 month period ends.

Departure certificates and short residence
"(4) Subsection (1) has effect subject to:
(a) sections 1218 and 1219 (departure certificates); and
(b) section 1220 (claim based on short residence).
Note: for "severely disabled" see subsection 23 (4B).".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - PART 3
PART 3 - AMENDMENTS RELATING TO DISABILITY SUPPORT PENSION AND SICKNESS
ALLOWANCE

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 9
General definitions

9. Section 23 of the Principal Act is amended:
(a) by inserting in subsection (1) the following definition:
"Impairment Tables" means the Tables in Schedule 1B;";
(b) by inserting after subsection (4B) the following subsections:
"(4C) For the purposes of this Act, a person is in disability accommodation if:
(a) the person:
(i) is in accommodation for people with disabilities; or
(ii) is:
(A) in accommodation that is not the principal home of the
parents or a parent of the person; and
(B) receiving accommodation support services for people
with disabilities; and
(b) the accommodation, or services, for people with disabilities are funded wholly or partly by the Commonwealth, a State or a Territory.
"(4D) For the purposes of this Act, a person is living away from the person's parental home if the person is living away from:
(a) where the person's parents have the same principal home - that home; or
(b) where the person has only one parent - the principal home of that parent; or
(c) where the person's parents have different principal homes - all of those homes.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 10

10. Part 2.3 of the Principal Act is repealed and the following Part is substituted:
"PART 2.3 - DISABILITY SUPPORT PENSION
"Division 1 - Qualification for and payability of disability
support pension
"Subdivision A - Qualification
Qualification for disability support pension - continuing inability to work
"94. (1) A person is qualified for disability support pension if:
(a) the person has a physical, intellectual or psychiatric impairment; and
(b) the person's impairment is of 20% or more under the Impairment Tables; and
(c) the person has a continuing inability to work; and
(d) the person has turned 16; and
(e) the person either:
(i) is an Australian resident at the time when the person
first satisfies paragraphs (a), (b) and (c); or
(ii) has 10 years qualifying Australian residence; or
(iii) is born outside Australia and, at the time when the
person first satisfies paragraphs (a), (b) and (c) the person:
(A) is not an Australian resident; and
(B) is a dependent child of an Australian resident;
and the person becomes an Australian resident while a dependent child of an Australian resident.
Note 1: for "Australian resident" and "qualifying Australian residence" see section 7.

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Note 2: for Impairment Tables see section 7A.
Meaning of continuing inability
"(2) A person has a continuing inability to work if the Secretary is satisfied that:
(a) the person's impairment is of itself sufficient to prevent the person from doing:
(i) the person's usual work; and
(ii) work for which the person is currently skilled;
for at least 2 years; and
(b) either:
(i) the person's impairment is of itself sufficient to
prevent the person from undertaking educational or vocational training during the next 2 years; or
(ii) the person's impairment does not prevent the person from
undertaking educational or vocational training but such training is not likely to equip the person, within the next 2 years, to do work for which the person is currently unskilled.
Note: for "work" see subsection (5).
"(3) In deciding whether or not a person has a continuing inability to work under subsection (2), the Secretary is not to have regard to:
(a) the availability to the person of work in the person's locally accessible labour market (unless subsection (4) applies to the person); or
(b) the availability to the person of educational or vocational training.
"(4) For the purposes of subparagraph (2) (b) (ii), if a person has turned 55, the Secretary may, in considering whether educational or vocational training is likely to equip the person to do work, have regard to the likely availability to the person of work in the person's locally accessible labour market.
"(5) In this section:
"educational or vocational training" does not include a program designed specifically for people with physical, intellectual or psychiatric impairments;
"work" means work:
(a) that is for at least 30 hours per week at award wages or above; and
(b) that exists in Australia, even if not within the person's locally accessible labour market.
Person not qualified in certain circumstances
"(6) A person is not qualified for a disability support pension on the basis of a continuing inability to work if the person brought about the inability with a view to obtaining a disability support pension or a sickness allowance.
Qualification for disability support pension - permanent blindness
"95. (1) A person is qualified for a disability support pension if:
(a) the person is permanently blind; and
(b) the person has turned 16; and
(c) the person either:
(i) is an Australian resident at the time when the person
first satisfies paragraph (a); or
(ii) has 10 years qualifying Australian residence; or
(iii) is born outside Australia and, at the time when the
person first satisfies paragraph (a), the person:
(A) is not an Australian resident; and
(B) is a dependent child of an Australian resident;
and the person becomes an Australian resident while a dependent child of an Australian resident.
Note: for "Australian resident" and "qualifying Australian residence" see section 7.
Person not qualified in certain circumstances
"(2) A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or a sickness allowance. Refusal to attend interview etc. may lead to disqualification
"96. (1) A person is not qualified for a disability support pension if:
(a) the person has lodged a claim for disability support pension, but the claim has not yet been determined; and
(b) the Secretary is of the opinion that the person should:
(i) contact a specified officer of the Department; or
(ii) attend an interview at a specified location; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological
examination; and
(c) the Secretary notifies the person that the person is required to:
(i) contact that officer; or
(ii) attend that interview; or
(iii) complete that questionnaire; or
(iv) attend that examination; or
(v) if the person has undergone an examination - provide to
the Secretary the medical practitioner's report on that examination in the approved form; and
(d) the Secretary is satisfied that it is reasonable for this section to
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apply to the person; and
(e) the person does not take reasonable steps to comply with the Secretary's requirements within the time specified in the notice.
"(2) A notice under paragraph (1) (c) must be in writing and must inform the person of the effect of this section.
Departure certificate requirements apply
"97. Sections 94 and 95 have effect subject to sections 1218 and 1219 (departure certificate requirements for people leaving Australia).
"Subdivision B - Payability
Disability support pension not payable in some circumstances
"98. (1) Even though a person is qualified for disability support pension, the pension may not be payable to the person because:
(a) the pension has not commenced to be payable (see sections 99 and 118); or
(b) the person has not taken reasonable steps to claim or obtain compensation (see section 1164); or
(c) the person or the person's partner is subject to a compensation preclusion period (see Division 3 of Part 3.14); or
(d) the person has not provided a tax file number for the person (see section 101) or the person's partner (see section 102); or
(e) the person is in gaol (see Part 3.13); or
(f) the person is receiving another pension or benefit (see section 103); or
(g) the person fails to comply with a requirement that the person:
(i) contact an officer; or
(ii) attend an interview; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological examination;
as required by section 105; or
(h) the person has not nominated a bank, credit union or building society account for payment of the pension (see section 125).
"(2) A disability support pension is not payable to a person if the person's disability support pension rate would be nil.
Disability support pension generally not payable before claim or end of waiting period
"99. Disability support pension is not payable to a person who is qualified for the pension before:
(a) the person's provisional commencement day (identified under section 100), unless paragraph (b) applies to the person; or
(b) if the person is subject to a DSP non-compliance waiting period - the first day after the end of that waiting period.
Note: a person may be subject to a DSP non-compliance waiting period under section 105.
Provisional commencement day
General rule
"100. (1) Subject to subsections (2), (3) and (4), a person's provisional commencement day is the day on which the person claims the disability support pension. Initial incorrect claim followed by a claim for disability support pension
"(2) If:
(a) a person makes a claim (in this subsection called the "initial claim") for:
(i) a social security or service pension or a social security
benefit; or
(ii) a pension, allowance, benefit or other payment under
another Act, or under a program administered by the Commonwealth, that is similar in character to a disability support pension; and
(b) on the day on which the person makes the initial claim, the person is qualified for a disability support pension; and
(c) the person subsequently makes a claim for a disability support pension; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person's provisional commencement day is the day on which the person made the initial claim.
Early claim
"(3) If:
(a) a person lodges a claim for a disability support pension; and
(b) the person is not, on the day on which the claim is lodged, qualified for a disability support pension; and
(c) the person becomes qualified for a disability support pension sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;
the person's provisional commencement day is the first day on which the person is qualified for the pension and is an Australian resident and in Australia.
Claim resulting from a major disaster
"(4) If a person:
(a) claims a disaster relief payment; and
(b) is qualified for the payment; and
(c) as a result of the major disaster to which the payment relates, claims
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disability support pension within 14 days of claiming the disaster relief payment;
the person's provisional commencement day is the day on which he or she was affected by the disaster.
Provision of person's tax file number
"101. (1) A disability support pension is not payable to a person if:
(a) the person is required under section 111 or 130 to give the Secretary a written statement of the person's tax file number; and
(b) at the end of the period of 28 days after the requirement is made, the person has neither:
(i) given the Secretary a written statement of the person's
tax file number; nor
(ii) given the Secretary a declaration by the person in a
form approved by the Secretary and satisfied either subsection (2) or (3).
"(2) The person satisfies this subsection if:
(a) the person's declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the
person of the person's tax file number; and
(b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number - the tax file
number; and
(c) the Commissioner of Taxation has not told the Secretary that the person has no tax file number.
"(3) The person satisfies this subsection if:
(a) the person's declaration states that an application by the person for a tax file number is pending; and
(b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person - the tax
file number; or
(ii) if the application is refused - that the application has
been refused; or
(iii) if the application is withdrawn - that the application
has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
Provision of partner's tax file number
"102. (1) Subject to subsection (4), a disability support pension is not payable to a person if:
(a) the person is a member of a couple; and
(b) the person is required under section 112 or 131 to give the Secretary a written statement of the tax file number of the person's partner; and
(c) at the end of the period of 28 days after the requirement is made the person has neither:
(i) given the Secretary a written statement of the partner's
tax file number; nor
(ii) given the Secretary a declaration by the partner in a
form approved by the Secretary and satisfied either subsection (2) or (3).
"(2) The person satisfies this subsection if:
(a) the partner's declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the
partner of the partner's tax file number; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number - the tax file
number; and
(c) the Commissioner of Taxation has not told the Secretary that the partner has no tax file number.
"(3) The person satisfies this subsection if:
(a) the partner's declaration states that an application by the partner for a tax file number is pending; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner - the tax
file number; or
(ii) if the application is refused - that the application has
been refused; or
(iii) if the application is withdrawn - that the application
has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
"(4) The Secretary may waive the requirement for a statement of the partner's tax file number if the Secretary is satisfied that:

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(a) the person does not know the partner's tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner's tax file number;
(ii) a statement of the partner's tax file number;
(iii) a declaration by the partner under subparagraph (1) (c) (ii).
Multiple entitlement exclusion
"103. (1) A disability support pension is not payable to a person if the person is already receiving a service pension.
"(2) If:
(a) a person is receiving a disability support pension; and
(b) another social security pension or a social security benefit or service pension becomes payable to the person;
the disability support pension is not payable to the person.
Note 1: another payment type will generally not become payable to the person until the person claims it.
Note 2: "social security benefit" includes job search and newstart allowances.
Note 3: for the day on which the disability support pension ceases to be payable see section 136.
Rehabilitation and assistance programs
"104. The Secretary may request a person who is receiving disability support pension to undertake a program of assistance or a rehabilitation program.
Refusal to attend interview etc.
"105. (1) A disability support pension is not payable to a person if:
(a) the person is receiving a disability support pension; and
(b) the Secretary is of the opinion that the person should:
(i) contact a specified officer of the Department; or
(ii) attend an interview at a specified place; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological examination;
and
(c) the Secretary notifies the person that the person is required to:
(i) contact that officer; or
(ii) attend that interview; or
(iii) complete that questionnaire; or
(iv) attend that examination; or
(v) if the person has undergone an examination - provide to
the Secretary a report on that examination in the approved form; and
(d) the Secretary is satisfied that it is reasonable for this section to apply to the person; and
(e) the person does not take reasonable steps to comply with the Secretary's requirements within the time specified in the notice.
Note: the person's pension will be cancelled or suspended by a determination of the Secretary under section 146.
"(2) A notice under paragraph (1) (c) must be in writing and must inform the person of the effect of this section.
"Division 2 - Claim for disability support pension
Need for a claim
"106. (1) A person who wants to be granted a disability support pension must make a proper claim for that pension.
Note: for "proper claim" - see section 107 (form), section 108 (manner of lodgment) and section 110 (residence/presence in Australia).
"(2) For the purposes of subsection (1), where:
(a) a claim for disability support pension is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that pension;
the claim is, subject to subsection 100 (3), to be taken not to have been made.
Form of claim
"107. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.
Lodgment of claim
"108. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
"(2) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.
"(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.
Note: for international agreements see Part 4.1.
Claimant must be under pension age
"109. A claim by a person is not a proper claim unless the person is under the pension age on the day on which the claim is lodged.
Note: the pension age is 65 for a man and 60 for a woman.
Claimant must be Australian resident and in Australia
"110. A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and

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(b) in Australia;
on the day on which the claim is lodged.
Note 1: for "Australian resident" see subsections 7 (2) and (3).
Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.
Secretary may require claimant to give statement of claimant's tax file number

"111. If a claimant for a disability support pension is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the claimant's tax file number.
Note 1: for the consequences of a failure to comply with the requirement see section 101.
Note 2: in some cases the requirement can be satisfied by giving the Secretary a declaration by the claimant about the claimant's tax file number and an authority by the claimant to the Commissioner of Taxation to give the Secretary certain information about the claimant's tax file number: see subsections 101 (2) and (3).
Secretary may require claimant to give statement of partner's tax file number
"112. If:
(a) a claimant for a disability support pension is a member of a couple; and
(b) the claimant's partner is in Australia;
the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant's partner.
Note 1: for the consequences of a failure to comply with the requirement see section 102.
Note 2: in some cases the requirement can be satisfied by giving the Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner's tax file number: see subsections 102 (2) and (3).
Note 3: the Secretary can waive the requirement in some cases: see subsection 102 (4).
"Division 3 - Determination of claim
Secretary to determine claim
"113. The Secretary must, in accordance with this Act, determine the claim.
Grant of claim
"114. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for a disability support pension; and
(b) the pension is payable.
Date of effect of determination
"115. (1) Subject to subsections (2), (3) and (4), a determination under section 114 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
Notified decision - review sought within 3 months
"(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for disability support pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
Notified decision - review sought after 3 months
"(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for disability support pension; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.
Decision not notified
"(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for disability support pension; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the

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previous decision took effect.
"Division 4 - Medical examination following claim
Examination by medical practitioner
"116. (1) The Secretary must direct that a claimant for disability support pension be examined by a medical practitioner or practitioners unless:
(a) it is manifest that:
(i) the claimant has a physical, intellectual or psychiatric
impairment of 20% or more under the Impairment Tables; and
(ii) the claimant has a continuing inability to work; or
(b) it is manifest that the claimant is permanently blind; or
(c) the claimant's rate of disability support pension, if granted, would be nil; or
(d) the claimant does not satisfy the requirements of paragraph 94 (1) (d) or section 109 (age requirements) or paragraph 94 (1) (f) or section 110 (residence requirements).
Note: for "continuing inability to work" see section 94.
"(2) If the claimant resides in a place that is remote from any medical practitioner, the Secretary may direct that:
(a) subsection (1) does not apply to the claimant; and
(b) the claimant is to submit to the Department a written report by a medical practitioner that relates to the impairment in respect of which the claimant is claiming disability support pension.
"(3) The medical practitioner who has examined the claimant because of a direction under subsection (1) is to give a certificate stating the practitioner's opinion as to:
(a) whether the claimant:
(i) has a physical, intellectual or psychiatric impairment;
or
(ii) is permanently blind;
(as the case requires); and
(b) if the claimant does have a physical, intellectual or psychiatric impairment - the effect of the impairment on the claimant's ability to work.
"(4) The medical practitioner must, if required to do so by the Secretary, include in the certificate the practitioner's opinion as to the percentage of the person's impairment (if any) under the Impairment Tables.
"(5) A certificate under this section must be in accordance with a form approved by the Secretary.
"Division 5 - Rate of disability support pension
How to work out a person's disability support pension rate
"117. A person's disability support pension rate is worked out:
(a) if the person is not permanently blind and paragraph (b) does not apply to the person - using Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or
(b) if the person is not permanently blind and has not turned 21 - using Pension Rate Calculator D at the end of section 1066A (see Part 3.4A); or
(c) if the person is permanently blind and paragraph (d) does not apply to the person - using Pension Rate Calculator B at the end of section 1065 (see Part 3.3); or
(d) if the person is permanently blind and has not turned 21 - using Pension Rate Calculator E at the end of section 1066B (see Part 3.4B).
"Division 6 - Payment of disability support pension
Commencement of disability support pension
"118. A disability support pension becomes payable to a person on the first day on which:
(a) the person is qualified for the pension; and
(b) no provision of this Act makes the pension not payable to the person.
Note 1: for qualification see sections 94 and 95.
Note 2: for the circumstances in which a disability support pension is not payable see section 98.
Payment by instalments
"119. (1) A full instalment of disability support pension is payable to a person on each pension payday on which:
(a) the person is qualified for the pension; and
(b) the pension is payable to the person.
"(2) If a person who is qualified for disability support pension is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection.
Effect on instalments of backdating claim
"120. If:
(a) a person lodges a claim for disability support pension on a particular day (in this section called the "claim day"); and
(b) the person's provisional commencement day is before the claim day; any instalment of disability support pension that would, but for this section, be payable, is payable to the person:
(c) if the claim day was a pension payday - on that day; or
(d) the first pension payday after the claim day.
Note: for "provisional commencement day" see section 100.
Calculation of amount of instalment
"121. (1) The amount of an instalment of disability support pension is the
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amount worked out by dividing the amount of the annual rate of the pension by 26.
"(2) If an amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
"(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
"(4) If, apart from this subsection, the amount of an instalment of disability support pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.
Inmates of benevolent homes
"122. (1) While a person who is receiving disability support pension is an inmate of a benevolent home:
(a) so much of the person's pension as does not exceed the pensioner contribution is to be paid to the person who controls the benevolent home for the maintenance of the person in the benevolent home; and
(b) the balance (if any) is to be paid to the person receiving the pension.
"(2) For the purposes of this section, the pensioner contribution is, subject to subsection (3), 364 times the amount in force from time to time for the purposes of subparagraph 47 (2) (b) (iii) of the National Health Act 1953.
"(3) If the amount worked out under subsection (2) is not a multiple of $2.60, the pensioner contribution is the next lower amount that is a multiple of $2.60.
Payment to person
"123. A person's disability support pension is, subject to section 124, to be paid to that person.
Nominee payments
"124. (1) The Secretary may direct that the whole, or a part, of the amount of a person's disability support pension is to be paid to someone else on behalf of the person.
"(2) If the Secretary makes a direction under subsection (1), the disability support pension is to be paid in accordance with the direction.
Payment into bank account etc.
"125. (1) Subject to subsection (6), disability support pension payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.
"(2) The account must be an account nominated and maintained by the person to whom the disability support pension is payable.
"(3) The account may be an account that is maintained by a person to whom the disability support pension is payable either alone or jointly or in common with another person.
"(4) Where a person to whom disability support pension is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that pension is not to be paid.
"(5) Where:
(a) a person is not being paid disability support pension because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (1);
the pension (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).
"(6) The Secretary may direct that the whole or a part of an amount of disability support pension that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).
"(7) If the Secretary gives a direction under subsection (6), the disability support pension is to be payable in accordance with the direction.
Where pension payday would fall on public holiday etc.
"126. If the Secretary is satisfied that an amount of disability support pension that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.
Payment of pension after death
"127. (1) If:
(a) a disability support pension is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of disability support pension payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in
special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
"(2) If the Secretary pays an amount of disability support pension under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of disability support pension.
"Division 7 - Protection of disability support pension
Disability support pension to be absolutely inalienable

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"128. (1) Subject to subsection (2) and section 1359, disability support pension is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
Payments to Commissioner of Taxation at recipient's request
"(2) The Secretary may make deductions from the instalments of disability support pension payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's pension, benefit or allowance if requested by the Commissioner of Taxation - see section 1359.
Effect of garnishee or attachment order
"129. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of disability support pension payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
"(2) The saved amount is worked out as follows:
Method statement
Step 1. Work out the total amount of disability support pension payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
"(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
"Division 8 - Recipient obligations
Secretary may require recipient to give statement of recipient's tax file number
"130. If a recipient of a disability support pension is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the recipient's tax file number.
Note 1: for the consequences of a failure to comply with the requirement see section 101.
Note 2: in some cases the requirement can be satisfied by giving the Secretary a declaration by the recipient about the recipient's tax file number and an authority by the recipient to the Commissioner of Taxation to give the Secretary certain information about the recipient's tax file number: see subsections 101 (2) and (3).

Secretary may require recipient to give statement of partner's tax file number
"131. If:
(a) a disability support pension recipient is a member of a couple; and
(b) the recipient's partner is in Australia;
the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient's partner.
Note 1: for the consequences of a failure to comply with the requirement see section 102.
Note 2: in some cases the requirement can be satisfied, by giving the Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner's tax file number: see subsections 102 (2) and (3).
Note 3: the Secretary can waive the requirement in some cases: see subsection 102 (4).
Secretary may require notice of the happening of an event or a change in circumstances
"132. (1) The Secretary may give a person to whom disability support pension is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
"(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the pension.
"(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
"(4) The period specified under paragraph (3) (d) must end at least 14 days after:

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(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
"(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
"(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
"(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
Secretary may require recipient to give particular information relevant to payment of disability support pension
"133. (1) The Secretary may give a person to whom disability support pension is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the pension to the person.
"(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
"(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.
"(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
"(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
"(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
"(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
Self incrimination
"134. (1) A person is not excused from giving information pursuant to a notice under section 132 or 133 on the ground that the information may tend to incriminate the person.
"(2) Information given by a person pursuant to a notice under section 132 or 133 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 132 (5) or (6) or 133 (5) or (6).
"Division 9 - Continuation, variation and termination
"Subdivision A - General
Continuing effect of determination
Entitlement determination
"135. (1) A determination that:
(a) a person's claim for disability support pension is granted; or
(b) disability support pension is payable to a person;
continues in effect until:
(c) the pension ceases to be payable under section 136, 137 or 138; or
(d) the determination is revoked under subsection 139 (3); or
(e) a further determination in relation to the pension under section 146 or 146A has taken effect.
Note 1: for paragraph (a) see section 114.
Note 2: for paragraph (b) see section 146C - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.
Rate determination
"(2) A determination of the rate of disability support pension continues in effect until:
(a) the pension becomes payable at a lower rate under section 141, 142 or 143; or
(b) a further determination in relation to the pension under section 144 or 145 has taken effect.
"Subdivision B - Automatic termination
Automatic termination - transfer to new payment type
"136. If:
(a) a person is receiving a disability support pension; and
(b) another social security pension or a social security benefit or service pension becomes payable to the person;

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the disability support pension ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.
Automatic termination - recipient complying with section 132 notification obligations
"137. If:
(a) a person who is receiving disability support pension is given a notice under section 132; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension would, but for this section, cease to be
payable to the person; and
(f) the pension is not cancelled before the end of the notification period;
the pension continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's pension, there is no automatic rate reduction and a determination under section 145 must be made in order to bring the rate reduction into effect.
Automatic termination - recipient not complying with section 132 notification obligations
"138. If:
(a) a person who is receiving disability support pension is given a notice under section 132; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the pension; or
(ii) the pension ceases to be payable to the person;
the pension ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs. Suspension may occur instead of automatic termination in some circumstances
"139. (1) If:
(a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and
(b) the person has notified the Secretary that the person has obtained that work within the notification period referred to in paragraph 137 (b);
the Secretary may determine:
(c) that section 137 does not apply to the person's pension; and
(d) that the person's pension is to be suspended.
Note: the determination to suspend is made under section 146.
"(2) Subsection (1) does not apply to a person if:
(a) the Secretary gives notice to the person that the person is no longer qualified for disability support pension; and
(b) the Secretary's notice is given before the person notifies the Secretary that the person has obtained work.
"(3) If:
(a) a person's disability support pension is suspended because of subsection (1); and
(b) the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination;
then, at the end of that 2 year period, the determination granting the person disability support pension is automatically revoked.
"(4) If:
(a) the Secretary suspends a person's pension under subsection (1); and
(b) the person has a partner who is receiving:
(i) age pension; or
(ii) disability support pension; or
(iii) sole parent pension in a case where the recipient is
qualified for the pension because of subparagraph 249 (1) (a) (iv) (illness-separation); or
(iv) service pension;
then, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).
Note 1: the partner's rate of pension for the suspension period will be determined under Subdivision D of Division 9.

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Note 2: for "partnered (partner getting neither pension nor benefit)" see paragraph 4 (11) (b).
"(5) If:
(a) the Secretary suspends a person's pension under subsection (1); and
(b) the person has a partner who was, immediately before the suspension, receiving wife pension or carer pension;
the Secretary must determine that the partner's pension is not to be cancelled but is to be suspended.
Note: the determination to suspend is made under section 146.
Suspension may be taken to have occurred
"140. (1) If:
(a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and
(b) disability support pension ceases to be payable to the person under section 137; and
(c) within the period of 2 years after the pension ceases to be payable, the person ceases to do work of the kind referred to in paragraph (a);
the Secretary may determine that the person is to be treated as if:
(d) section 137 had not applied to the person's disability support pension; and
(e) the disability support pension had been suspended under section 139.
"(2) If:
(a) the Secretary makes a determination under subsection (1) in respect of a person; and
(b) the person's partner had ceased to be qualified for wife pension or carer pension when the person ceased to be qualified for disability support pension as mentioned in paragraph (1) (a);
the Secretary may determine that the partner is to be treated as if the partner's wife or carer pension had not been cancelled but had been suspended under section 139.
"Subdivision C - Automatic rate reduction
Automatic rate reduction - partner starting to receive pension or benefit
"141. If:
(a) a person is receiving a disability support pension; and
(b) the person's partner starts to receive:
(i) a social security pension or benefit; or
(ii) a service pension; and
(c) the person's disability support pension rate is reduced because of the partner's receipt of that pension or benefit;
the disability support pension becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.
Automatic rate reduction - recipient not complying with section 132 notification obligations
"142. If:
(a) a person who is receiving disability support pension is given a notice under section 132; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of pension is to be reduced;
the pension becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstance occurs.
Automatic rate reduction - failure to inform Department of payment for remunerative work where earnings credit account balance available

"143. If:
(a) a person who is receiving disability support pension is given a notice under section 132; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the pension becomes payable to the person at the reduced rate from the first pension payday after the day on which the person's earnings credit account balance is reduced to nil.
"Subdivision D - Determinations
Rate increase determination
"144. If the Secretary is satisfied that the rate at which disability support pension is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 146D.

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Rate reduction determination
"145. If the Secretary is satisfied that the rate at which disability support pension is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 142 or 143 (see subsection 12 (2)).
Note 2: for the date of effect of a determination under this section see section 146E.
Cancellation or suspension determination
"146. If the Secretary is satisfied that disability support pension is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the pension is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 137 or 138 (see subsection 12 (1)).
Note 2: for the date of effect of a determination under this section see section 146E.
Cancellation or suspension for failure to comply with section 132, 1304 or 1305 notice
"146A. If:
(a) a person who is receiving a disability support pension is given a notice under section 132, 1304 or 1305 requiring the person to give the Department a statement; and
(b) the person does not comply with the notice;
the Secretary may determine that the pension is to be cancelled or suspended.
Note 1: this section will not apply in a case where section 146 applies.
Note 2: for the date of effect of a determination under this section see section 146E.
Changes to payments by computer
"146B. If:
(a) payment of a disability support pension to a person is based upon data in a computer; and
(b) the pension rate is increased or reduced, or the pension is cancelled or suspended, because of the operation of a computer program approved by the Secretary; and
(c) the program causes the change for a reason for which the Secretary could determine the change;
the change is taken to have been made because of a determination by the Secretary for that reason.
Resumption of payment after cancellation or suspension
"146C. (1) If the Secretary:
(a) cancels or suspends a person's disability support pension under section 146 or 146A; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that because of the decision to cancel or suspend:
(i) the person did not receive a disability support pension
that was payable to the person; or
(ii) the person is not receiving a disability support pension
that is payable to the person;
the Secretary is to determine that disability support pension was or is payable to the person.
"(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section 146D.
"Subdivision E - Date of effect of determinations
Date of effect of favourable determination
"146D. (1) The day on which a determination under section 144 or 146C (in this section called the "favourable determination") takes effect is worked out in accordance with this section.
Notified decision - review sought within 3 months
"(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's disability support pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.
Notified decision - review sought after 3 months
"(3) If:
(a) a decision (in this subsection called the "previous decision") is made
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in relation to a person's disability support pension; and
(b) a notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the review.
Decision not notified
"(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a person's disability support pension; and
(b) no notice is given to the person to whom the pension is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) the favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.
Notified change of circumstances
"(5) If:
(a) the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.
Prescribed student child determination
"(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsections 5 (12) and (13), that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
"(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment ceased, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
"(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;
the determination takes effect on the day on which the young person became a prescribed student child.
Other determinations
"(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.
Date of effect of adverse determination
General
"146E. (1) The day on which a determination under section 145, 146 or 146A (in this section called the "adverse determination") takes effect is worked out in accordance with this section.
Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal
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review) and section 1251 (review by Social Security Appeals Tribunal).
"(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
"(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.
Contravention of Act
"(4) If:
(a) the person whose disability support pension is affected by the adverse determination has contravened a provision of this Act (other than section 133, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.
False statement or misrepresentation - suspension or cancellation
"(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the pension has been paid to a person when it should have been cancelled or suspended; the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation - rate reduction
"(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the pension was paid to a person was more than it should have been; the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.
"Division 10 - Bereavement payments
"Subdivision A - Death of pensioner partner
Qualification for payments under this Subdivision
"146F. (1) If:
(a) a person is receiving disability support pension; and
(b) the person is a member of a couple; and
(c) the person's partner dies; and
(d) immediately before the partner died, the partner was receiving:
(i) an age pension; or
(ii) a disability support pension; or
(iii) a wife pension; or
(iv) a carer pension; or
(v) a sole parent pension under subparagraph 249 (1) (a) (iv)
(illness separated couple); or
(vi) a rehabilitation allowance; or
(vii) a special needs age, disability support, wife or sole
parent pension; or
(viii) a service pension; and
(e) on the pension payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:
(i) the amount that would otherwise be payable to the person
under section 146E (continued payment of partner's pension or allowance); and
(ii) the amount that would otherwise be payable to the person
under section 146G (person's continued rate);
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 146G provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person's partner during that period if the partner had not died.
Note 2: section 146H provides for a lump sum that represents the instalments that would have been paid to the person's partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
"(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
"(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
"(4) If a person is qualified for payments under this Subdivision in relation to the partner's death, the rate at which disability support pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 146J.
Continued payment of partner's pension or allowance
"146G. If a person is qualified for payments under this Subdivision in relation to the death of the person's partner, there is payable to the person,

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on each of the pension paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person's partner on that payday if the partner had not died.
Lump sum payable in some circumstances
"146H. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;
there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person's partner
had not died, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday; and
(b) the amount that, if the partner had not
died, would have been payable to the partner on the pension payday immediately before the first available bereavement adjustment payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 146J, would have been payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period.
Step 5. Multiply the partner's instalment component by the number of pension paydays in the bereavement lump sum period:
the result is the amount of the lump sum payable to the person under this section.
Adjustment of person's disability support pension rate
"146J. If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 146F (2) not to receive payments under this Subdivision;
the rate of the person's disability support pension during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of disability support pension payable to the person is the rate at which the pension would have been payable to the person if the person's partner had not died;
(d) during the bereavement lump sum period (if any), the rate at which disability support pension is payable to the person is the rate at which the disability support pension would be payable to the person apart from this Subdivision.
Effect of death of person entitled to payments under this Subdivision
"146K. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person's partner before the person dies;
there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person on the pension payday immediately after the day on which the person dies; and
(b) the amount that, if neither the person nor
the person's partner had died, would have been payable to the person's partner on that pension payday;
the result is called the combined pensioner couple rate.
Step 2. Work out the amount that, but for section 140, would have been payable to the person on the pension payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate.
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component.
Step 4. Work out the number of pension paydays in the period that commences on the day after the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

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Matters affecting payment of benefits under this Subdivision
"146L. (1) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) after the person's partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit of that amount;
the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person's partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
"(2) If:
(a) a person is qualified for payments under this Subdivision in relation to the death of the person's partner; and
(b) an amount to which the person's partner would have been entitled if the person's partner had not died has been paid under this Act or under Part III of the Veterans' Entitlements Act, within the bereavement period, into an account with a bank, credit union or building society (in this subsection called the "financial institution"); and
(c) the financial institution pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);
the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person's partner or anyone else in respect of the payment of that money to the person.
"Subdivision B - Death of dependent child
Bereavement payments on death of dependent child
"146M. If:
(a) a person is receiving disability support pension; and
(b) a dependent child of the person dies; and
(c) immediately before the child died, the person's disability support pension rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: section 146N provides for disability support pension to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 146P provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new disability support pension rate and the rate at which the pension would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Subdivision are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional remote area allowance.
Continued payment of child-related amounts
"146N. If a person is qualified for payments under this Subdivision in relation to the death of a dependent child, the person's disability support pension rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.
Lump sum payable in some circumstances
"146P. If:
(a) a person is qualified for payments under this Subdivision in relation to the death of a dependent child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance for the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Subdivision was not receiving family allowance in respect of the dependent child and somebody else
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was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the instalment of disability support pension payable to the person on the pension payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 146N applies in working out the amount of
this instalment because the payday on which it is payable is within the bereavement rate continuation period.
Step 2. Work out the instalment of disability support pension that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's disability support pension rate were not calculated under section 146N: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of pension paydays in the bereavement lump sum period. Step 5. Multiply the deceased child component by the number of pension paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.
"Subdivision C - Death of recipient
Death of recipient
"146Q. (1) If:
(a) a person is receiving disability support pension; and
(b) either:
(i) the person is not a member of a couple; or
(ii) the person is a member of a couple and the person's partner:
(A) is not receiving a social security pension; and
(B) is not receiving a social security benefit; and
(C) is not receiving a service pension; and
(c) the person dies;
there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the pension payday after the person's death if the person had not died.
"(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.
Note 1: for amounts owing to the recipient before the recipient's death see section 127.
Note 2: for death of a person qualified for bereavement payments under Subdivision A see section 146K.
"(3) If:
(a) a person is receiving disability support pension; and
(b) the person is a member of a couple; and
(c) the person dies; and
(d) the person:
(i) was qualified at the time of the person's death for
payments under Subdivision B in relation to the death of a dependent child; or
(ii) would have been so qualified if the person had not died;
and
(e) the person's partner claims the payments referred to in paragraph (d) within 3 months after the death of the child;
there is payable to the partner an amount equal to the sum of the following amounts:
(f) the difference between:
(i) the amount of disability support pension that would have
been payable to the person under section 146L if the person had not died; and
(ii) the amount of disability support pension that would have
been payable to the person apart from Subdivision B for the same period if the person had not died;
(g) any lump sum that would have been payable to the person under section 146M if the person had not died.
"(4) If:
(a) a person is receiving disability support pension; and
(b) the person is not a member of a couple; and
(c) the person dies; and
(d) the person:
(i) was qualified at the time of the person's death for
payments under Subdivision B in relation to the death of a dependent child; or
(ii) would have been so qualified if the person had not died;
there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts:
(e) the difference between:
(i) the amount of disability support pension that would have
been payable to the person under section 146L if the person had not died; and

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(ii) the amount of disability support pension that would have
been payable to the person apart from Subdivision B for the same period if the person had not died;
(f) any lump sum that would have been payable to the person under section 146M if the person had not died.
"Division 11 - Fringe benefits
Fringe benefits
"146R. If a person who is receiving disability support pension qualifies for fringe benefits in accordance with this Division, benefits and concessions of various kinds may be made available to the person under other Commonwealth legislation (for example, the National Health Act 1953).
Note 1: a person whose disability support pension is not being paid because of a deferment period can still qualify for fringe benefits (see subsection 104 (7)).
Note 2: if a person qualifies for fringe benefits in accordance with this Division, the person will also qualify for pharmaceutical allowance under Part 2.22.
Qualification for fringe benefits
"146S. (1) A person who is receiving disability support pension is qualified for fringe benefits if:
(a) the person is permanently blind; or
(b) the person's disability support pension rate is neither income reduced nor assets reduced.
"(2) If:
(a) a person who is receiving disability support pension is not qualified for fringe benefits under subsection (1); and
(b) the person's disability support pension rate is income reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits ordinary income test.
Note: the Fringe Benefits Ordinary Income Test Calculator at the end of section 1071 is to be used in working out whether a person satisfies the fringe benefits ordinary income test.
"(3) If:
(a) a person who is receiving disability support pension is not qualified for fringe benefits under subsection (1); and
(b) the person's disability support pension rate is assets reduced;
the person is qualified for fringe benefits only if the person satisfies the fringe benefits assets test.
Note: the Fringe Benefits Assets Test Calculator at the end of section 1072 is to be used in working out whether a person satisfies the fringe benefits assets test.
12 month extension of fringe benefits - person ceasing to be on disability support pension because of employment
"146T. (1) For the purposes of this Division, if:
(a) a person is receiving disability support pension; and
(b) the person ceases to be qualified for disability support pension because the person obtains work that is for at least 30 hours per week; and
(c) immediately before the person ceased to be qualified for disability support pension, the person was qualified for fringe benefits under this Division;
then, for the period of 12 months after the person ceases to be qualified for disability support pension:
(d) the person is taken to be receiving disability support pension; and
(e) for the purposes of applying section 146S to the person during the 12 month period, the person's rate of disability support pension is taken not to be income reduced.

"(2) Subsection (1) ceases to apply to the person if the person ceases work.
12 month extension of fringe benefits - person failing income test because of employment income
"146U. (1) For the purposes of this Division, if:
(a) a person is receiving disability support pension; and
(b) the person ceases to satisfy the fringe benefits ordinary income test; and
(c) the person ceased to satisfy the fringe benefits ordinary income test when the person began to earn income from employment at a rate that causes the person's annual rate of ordinary income to exceed the fringe benefits ordinary income free area;
then, for the period of 12 months after the person begins to earn income at that rate:
(d) the person is taken to be receiving disability support pension; and
(e) for the purposes of applying section 146S to the person during the 12 month period, the person's rate of disability support pension is taken not to be income reduced.
Note: for "fringe benefits ordinary income free area" see point 1071-4 (Fringe Benefits Means Test Calculator).
"(2) Subsection (1) ceases to apply to the person if the person ceases to earn income from employment.
"(3) If:
(a) this section applies to a person; and

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(b) before the end of the 12 month period referred to in this section, section 146T also applies to the person;
the period of 12 months referred to in section 146T is taken to have commenced on the day the person began to earn income from employment at a rate that causes the person's annual rate of ordinary income to exceed the fringe benefits ordinary income free area and not on the day the person ceased to be qualified for disability support pension.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 11
Qualification for wife pension

11. Section 147 of the Principal Act is amended:
(a) by omitting from subsection (1) "A person" and substituting "Subject to subsection (1A), a person";
(b) by inserting after subsection (1) the following subsection:
"(1A) If:
(a) the person's partner was granted the age pension or disability support pension on or after 1 October 1991; and
(b) the person or the person's partner has not turned 21; and
(c) the person does not have a dependent child; and
(d) the person's partner does not have a dependent child;
the person is not qualified for wife pension.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 12

12. After section 664B of the Principal Act the following sections are inserted:
Disability support pension recipients
"664C. (1) A person is qualified for an employment entry payment under this section if:
(a) the person is in paid employment (other than sheltered employment); and
(i) the employment is for at least 30 hours per week; or
(ii) the person's income from the employment exceeds the
threshold amount; and
(b) immediately before the person commenced the employment:
(i) the person was receiving a disability support pension;
and
(ii) the person had been a qualified recipient for a
continuous period of at least 12 months; and
(d) in the Secretary's opinion the person's employment is likely to continue for more than 4 weeks; and
(e) the person has not, within the last 12 months, received a payment under this Part.
Note 1: the amount in subparagraph (a) (ii) is adjusted twice a year by legislative amendment.
Note 2: for "qualified recipient" see subsection (4).
"(2) If the Secretary is satisfied that:
(a) a person has entered an agreement under which the person is to be employed; and
(b) on the start of that employment, the person would but for receiving a payment under this subsection, be qualified for a payment under subsection (1);
the following provisions have effect:
(c) subject to paragraph (d), the person is qualified for an employment entry payment which is payable to the person at such time as the Secretary determines;
(d) the person is not qualified for the employment entry payment unless the Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the time at which the payment is payable to the person.
"(3) The time determined under paragraph (2) (c) is not to be more than 28 days before the person is to commence the employment.
"(4) In this section:
"qualified recipient" means a person receiving:
(a) disability support pension; or
(b) sickness allowance; or
(c) invalid pension; or
(d) sickness benefit; or
(e) sheltered employment allowance; or
(f) rehabilitation allowance in place of invalid pension or disability support pension;
"threshold amount" means the maximum amount per fortnight that a person receiving newstart allowance can earn, derive or receive without the allowance ceasing to be payable, if the person:
(a) is not a member of a couple; and
(b) is not receiving rent assistance; and
(c) is not receiving remote area allowance; and
(d) has turned 21 but has not turned 60; and
(e) has no dependent children.
Amount of section 664C payment
"664D. The amount of an employment entry payment under section 664C is $200.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 13

13. Parts 2.9 and 2.10 of the Principal Act are repealed.
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SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 14

14. Part 2.14 of the Principal Act is repealed and the following Part is substituted:
"PART 2.14 - SICKNESS ALLOWANCE
"Division 1 - Qualification for and payability of sickness allowance
"Subdivision A - Basic qualification
Qualification for sickness allowance
"666. (1) A person is qualified for sickness allowance in respect of a period if:
(a) the person is incapacitated for work throughout the period because of sickness or an accident; and
(b) the incapacity is caused wholly or virtually wholly by a medical condition arising from the sickness or accident; and
(c) the incapacity is, or is likely to be, of a temporary nature; and
(d) either:
(i) the person satisfies the Secretary that the person has
suffered, or is likely to suffer, a loss of salary, wages or other income of a similar nature because of the incapacity; or
(ii) the person satisfies the Secretary that, if the person
were able to work, the person would have, or would be likely to be, qualified for job search allowance or newstart allowance in respect of the period; or
(iii) the person was receiving, or is likely to be receiving,
a social security pension immediately before the beginning of the period; and
(e) before the period begins the person has turned 16; and
(f) before the period ends the person has not turned, or is not likely to turn, pension age; and
(g) a person is, or is likely to be an Australian resident throughout the period; and
(h) the person is, or is likely to be, in Australia throughout the period.
Note 1: see section 677 for the circumstances in which sickness allowance is not payable to a person even though the person is qualified for the allowance.
Note 2: for "loss of income" see section 675.
Note 3: for "pension age" see section 23.
Work
"(2) For the purposes of this section: "work" means, in relation to a person:
(a) if:
(i) the person had a contract of employment immediately
before the person becomes incapacitated; and
(ii) the person's contract of employment continues after the
person becomes incapacitated;
the work that the person has contracted to perform under the contract; or
(b) in any other case - work of a kind that the person could, in the Secretary's opinion, be reasonably expected to do.
"(3) The work referred to paragraph (b) of the definition of "work" in subsection (2) is work that is:
(a) for at least 8 hours per week at award wages or above; and
(b) full-time, part-time, permanent or casual work.
Person cannot qualify for sickness allowance in respect of same medical condition within 2 years
"(4) If a person ceases to be qualified for sickness allowance in respect of a medical condition because of the operation of section 670 or 672, the person cannot be qualified again for sickness allowance during the period of 104 weeks after the person so ceases to be qualified unless subsection (5) applies to the person.
"(5) This subsection applies to a person:
(a) if the person's incapacity for work is caused by a medical condition that is different, or significantly more serious, than the medical condition referred to in subsection (4); or
(b) if:
(i) the medical condition referred to in subsection (4) is a
chronically relapsing condition; and
(ii) the person's incapacity for work is caused by a relapse
of that condition; or
(c) if:
(i) the person is undergoing a program of counselling,
treatment or therapy for drug or alcohol abuse; and
(ii) the person's participation in the program is not likely
to extend beyond 78 weeks; and
(iii) the program is approved by the Secretary in writing for
the purposes of this section.
Person receiving job search allowance or newstart allowance immediately before qualifying for sickness allowance
"(6) If a person who is incapacitated for work:
(a) has not turned 18; and
(b) was receiving job search allowance immediately before the person became so incapacitated;
the person is not qualified for sickness allowance under subsection (1).
Note: subsection 514 (2) provides that a person under 18 who becomes qualified
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for sickness allowance while the person is receiving job search allowance continues to be qualified for the job search allowance even though the person is incapacitated for work.
"(7) If a person who is incapacitated for work:
(a) has turned 18; and
(b) was receiving job search allowance immediately before the person became so incapacitated;
the person is not qualified for sickness allowance under subsection (1) for the period of 6 weeks beginning on the day the person became incapacitated.
Note: subsection 514 (3) provides that a person over 18 who becomes qualified for sickness allowance while receiving job search allowance continues to be qualified for the job search allowance for 6 weeks even though the person is incapacitated for work.
"(8) If a person who is incapacitated for work was receiving newstart allowance immediately before the person became so incapacitated, the person is not qualified for sickness allowance under subsection (1) for the period of 13 weeks beginning on the date the person became incapacitated.
Note: subsection 594 (2) provides that a person who becomes qualified for sickness allowance while the person is receiving newstart allowance continues to be qualified for the newstart allowance for 13 weeks even though the person is incapacitated for work.
Person not qualified in certain circumstances
"(9) A person is not qualified for sickness allowance in respect of an incapacity if the Secretary is satisfied that the incapacity is brought about with a view to obtaining sickness allowance or disability support pension.
Person undertaking rehabilitation program may qualify for sickness allowance
"667. (1) A person is qualified for sickness allowance in respect of a period if:
(a) immediately before the period began the person was receiving job search allowance or newstart allowance; and
(b) the person is undertaking a rehabilitation program during the period; and
(c) the program is intended to enhance the person's ability to work; and
(d) if the person was receiving:
(i) job search allowance - the length of the person's
participation in the program is, or is likely to be, at least 6 weeks; or
(ii) newstart allowance - the length of the person's
participation in the program is, or is likely to be, at least 6 weeks; and
(e) subsection (4) applies to the person.
"(2) If a person is qualified for sickness allowance under subsection (1), subsections 514 (2), 514 (3) and 594 (2) do not apply to the person.
Note 1: subsection 514 (2) provides that a person under 18 who becomes qualified for sickness allowance while the person is receiving job search allowance continues to be qualified for the job search allowance even though the person is incapacitated for work.
Note 2: subsection 514 (3) provides that a person over 18 who becomes qualified for sickness allowance while receiving job search allowance continues to be qualified for the job search allowance for 6 weeks even though the person is incapacitated for work.
Note 3: subsection 594 (2) provides that a person who becomes qualified for sickness allowance while the person is receiving newstart allowance continues to be qualified for the newstart allowance for 13 weeks even though the person is incapacitated for work.
"(3) A person is qualified for sickness allowance in respect of a period (in this subsection called the "rehabilitation period") if:
(a) immediately before the rehabilitation period began the person was receiving:
(i) sickness benefit; or
(ii) sickness allowance; or
(iii) sickness benefit and sickness allowance;
in respect of a period; and
(b) the person is undertaking a rehabilitation program during the rehabilitation period; and
(c) the program is intended to enhance the person's ability to work; and

(d) the person's participation in the program is, or is likely to, end within the period of 208 weeks after the benefit or allowance commenced to be payable to the person; and
(e) subsection (4) applies to the person.
"(4) This subsection applies to a person during a period if:
(a) before the period begins the person has turned 16; and
(b) before the period ends the person has not turned, or is not likely to turn, pension age; and
(c) a person is, or is likely to be, an Australian resident throughout the period; and
(d) the person is, or is likely to be, in Australia throughout the period.
Note: for "pension age" see section 23.
Person not qualified in certain circumstances
"(5) A person is not qualified for sickness allowance in respect of an incapacity if the Secretary is satisfied that the incapacity is brought about with a view to obtaining sickness allowance or disability support pension.

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Refusal to attend interview etc. may lead to disqualification
"668. (1) A person is not qualified for a sickness allowance if:
(a) the person has lodged a claim for sickness allowance, but the claim has not yet been determined; and
(b) the Secretary is of the opinion that the person should:
(i) contact a specified officer of the Department; or
(ii) attend an interview at a specified place; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological
examination; and
(c) the Secretary notifies the person that the person is required to:
(i) contact that officer; or
(ii) attend that interview; or
(iii) complete that questionnaire; or
(iv) attend that examination; or
(v) if the person has undergone an examination - provide to
the Secretary a report on that examination in the approved form; and
(d) the Secretary is satisfied that it is reasonable for this section to apply to the person; and
(e) the person does not take reasonable steps to comply with the Secretary's requirements within the time specified in the notice.
"(2) A notice under paragraph (1) (c) must be in writing and must inform the person of the effect of this section.
Time limit on qualification for sickness allowance
"669. (1) A person who is receiving sickness allowance ceases to be qualified for sickness allowance if the person's maximum allowance period ends.
"(2) The maximum allowance period for a person is the period specified in the determination granting the person's claim for sickness allowance as the maximum period for which the sickness allowance is payable to the person.
"(3) The period specified in the determination is not to be more than:
(a) if the person's claim for sickness allowance is supported by a medical certificate:
(i) the period specified in the medical certificate as the
period for which the person is incapacitated for work; or
(ii) the period of 13 weeks;
whichever is the lesser; or
(b) if the claim is not supported by a medical certificate because of the person's participation in a rehabilitation program - the period of the person's participation in the program; or
(c) in any other case - the period of 4 weeks.
"(4) For the purposes of subsection (3), the person's maximum allowance period commences on the first day the allowance becomes payable to the person.
Note: for the day on which sickness allowance becomes payable to a person see section 715.
Secretary may extend maximum allowance period
"(5) If:
(a) a person is receiving sickness allowance; and
(b) the person gives the Secretary a certificate of a medical practitioner containing the matters listed in subsection 704 (1) and in accordance with the form approved under subsection 704 (2); and
(c) the Secretary is satisfied that the person's incapacity for work will continue after the end of the person's maximum allowance period;
the Secretary may extend the maximum allowance period by a period of not more than 13 weeks.
"(6) If:
(a) a person is receiving sickness allowance; and
(b) the person gives the Secretary written evidence (other than a certificate referred to in paragraph (5) (b)) that the person's incapacity for work will continue after the end of the person's maximum allowance period; and
(c) the Secretary is satisfied that:
(i) the person's circumstances make it unreasonable to expect
the person to obtain a certificate referred to in paragraph (5) (b) before the person's maximum allowance period ends; and
(ii) the person's incapacity for work will continue after the
end of the person's maximum allowance period;
the Secretary may extend the maximum allowance period by a period of not more than 4 weeks.
Person ceases to be qualified for sickness allowance after one year
"670. (1) A person ceases to be qualified for sickness allowance if the person has received sickness allowance in respect of the immediately preceding period of 52 weeks.
"(2) The Secretary may make a determination in writing that subsection (1) does not apply to a person if the Secretary is satisfied that:
(a) the person's incapacity will end during the next 52 weeks; or
(b) the medical condition that now wholly or virtually wholly causes the person's incapacity for work is different from, or significantly more serious than, the medical condition because of which the person's claim for sickness
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allowance was granted in respect of the beginning of the period of the immediately preceding 52 weeks; or
(c) the person's incapacity is caused by a chronically relapsing medical condition; or
(d) the following circumstances apply:
(i) the person is undergoing a program of counselling,
treatment or therapy for drug or alcohol abuse; and
(ii) the person's participation in the program is not likely
to extend beyond 78 weeks; and
(iii) the program is approved by the Secretary in writing for
the purposes of this section.
"(3) If the Secretary makes a determination under subsection (2) in respect of a person:
(a) the maximum allowance period specified for the person at the time the determination is made cannot be extended under subsection 669 (5) or (6); and
(b) if the person wants to continue to receive sickness allowance when the maximum allowance period ends, he or she must make a proper claim for that allowance.
"(4) For the purposes of subsection (1), a person who has not received sickness allowance continuously in respect of the immediately preceding 52 weeks is taken to have received sickness allowance in respect of that period if the period, or each period, in respect of which the person ceased to receive sickness allowance was less than 6 weeks.
Certain extensions at end of 52nd week
"671. (1) If:
(a) a person has received sickness allowance in respect of the immediately preceding period of 52 weeks (in this subsection called "the first year"); and
(b) before the end of the first year, the person has made a claim for sickness allowance in respect of a period beginning after the end of the first year; and
(c) the Secretary has not, before the end of the 50th week of the first year, decided whether or not to make a determination under subsection 670 (2) in relation to the person;
subsection 670 (1) does not apply to the person until:
(d) the period of 4 weeks after the end of the first year has ended; or
(e) the Secretary decides whether or not to make a determination under subsection 670 (2) in relation to the person;
whichever happens first.
"(2) If:
(a) a person has received sickness allowance in respect of the immediately preceding period of 52 weeks (in this subsection called "the first year"); and
(b) before the end of the first year, the person has made a claim for disability support pension in respect of a period beginning after the end of the first year; and
(c) that claim has not been determined before the end of the first year; subsection 670 (1) does not apply to the person until the claim for disability support pension has been determined by the Secretary.
"(3) If:
(a) a person has received sickness allowance in respect of the immediately preceding period of 52 weeks (in this subsection called "the first year"); and
(b) the person claims sickness allowance in respect of a period beginning after the end of the first year; and
(c) the person fails to make the claim before the end of the first year but makes the claim within 4 weeks after the end of the first year; and
(d) the sole or dominant cause of the person failing to make the claim before the end of the first year is either:
(i) the person's medical condition; or
(ii) an act or omission of an officer of the Department;
the person's claim is taken to have been made on the last day of the first year.
Note: for the person to receive sickness allowance as described in this section the person must continue to meet all the other qualification and payability requirements for sickness allowance.
Where Secretary makes determination, person ceases to be qualified after 2 years
"672. (1) If the Secretary makes a determination under subsection 670 (2) in relation to a person, the person ceases to be qualified for sickness allowance if the person has received sickness allowance in respect of the immediately preceding period of 104 weeks.
"(2) For the purposes of subsection (1), a person who has not received sickness allowance continuously in respect of the immediately preceding 104 weeks is taken to have received sickness allowance in respect of that period if the period, or each period, in respect of which the person ceased to receive sickness allowance was less than 6 weeks.
Special case - person undertaking rehabilitation program
"673. (1) Sections 670 and 672 do not apply to a person who is receiving sickness allowance because of qualifying under section 667.

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Note: section 667 provides that a person may be qualified for sickness allowance because of undertaking a rehabilitation program.
"(2) A person referred to in subsection (1) ceases to be qualified for sickness allowance if the person has received sickness allowance in respect of the immediately preceding period of 208 weeks.
"(3) For the purposes of subsection (2), a person who has not received sickness allowance continuously in respect of the immediately preceding 208 weeks is taken to have received sickness allowance in respect of that period if the period, or each period, in respect of which the person ceased to receive sickness allowance was less than 6 weeks.
Temporary absence from Australia
"674. For the purposes of sections 666 and 667, where:
(a) a person is temporarily absent from Australia; and
(b) the person is absent in order to seek medical treatment of a kind that is not available in Australia;
the person is taken to be in Australia during:
(c) if the period does not exceed 3 months - the whole of that period; or
(d) if the period exceeds 3 months - the first 3 months of that period.
Loss of income
"675. (1) For the purposes of subsection 666 (1), a person's income of a similar nature to salary or wages includes:
(a) a payment received by the person under the New Enterprise Incentive Scheme (see Part 3.15); and
(b) any amount payable to the person or to the person's partner under Part 2.18 (family allowance supplement).
"(2) If:
(a) a person makes a payment to someone else who acts as the person's substitute during a period of incapacity; and
(b) the Secretary is satisfied that the payment is made justifiably and genuinely;
the Secretary may, for the purposes of subsection 666 (1), regard the person as having suffered a loss of income of a similar nature to salary or wages (equal to the amount of the payment).
Liquid assets test waiting period
"676. (1) If the value of a person's liquid assets exceeds the person's maximum reserve on:
(a) the day on which the person becomes incapacitated for work; or
(b) the day on which the person claims sickness allowance;
the person is not qualified for sickness allowance for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period.
Note 1: for "liquid assets" see section 14A.
Note 2: for "maximum reserve" see section 14A.
Note 3: for "transferee to sickness allowance" see subsections 23 (6) and (7).
Note 4: for serving the liquid assets test waiting period see subsection 23 (10A).
"(2) Subsection (1) does not apply to a person if:
(a) the person is a transferee to sickness allowance; or
(b) the person has been in receipt of sickness allowance in respect of any period during the 4 weeks immediately before the person's current claim for sickness allowance is made.
"(3) The liquid assets test waiting period in relation to the claim lasts for 4 weeks.
"(4) Subject to subsection (5), the liquid assets test waiting period in relation to the claim starts on the day on which the person becomes incapacitated for work.
"(5) If:
(a) a person becomes unemployed; and
(b) because of section 519 (job search allowance liquid assets test disqualification) or section 598 (newstart allowance liquid assets test disqualification), the person is not qualified for job search allowance or newstart allowance during the period of 4 weeks that starts on the day on which the person becomes unemployed; and
(c) within that period of 4 weeks:
(i) the person becomes incapacitated for work; and
(ii) the person claims sickness allowance;
the liquid assets test waiting period starts on the day on which the person becomes unemployed.
"Subdivision B - Situations where allowance not payable (general)
Sickness allowance not payable in certain circumstances
"677. (1) A sickness allowance is not payable to a person for a period during which the person is qualified for sickness allowance (see sections 666 and 667) if during that period:
(a) the person has not provided a tax file number (see section 678) or for the person's partner (see section 679); or
(b) the value of the person's assets exceeds the person's assets value limit (see sections 680 and 681); or
(c) the person is receiving job search allowance or newstart allowance (see sections 682, 683 and 684); or

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(d) the person is a full-time student (see section 685); or
(e) another income support payment is being paid to the person (see section 686); or
(f) the sickness allowance has not commenced to be payable (see sections 687 and 715); or
(g) the person is subject to an unused annual leave waiting period and has not served that waiting period (see sections 689 to 691); or

(h) the person is subject to an ordinary waiting period and has not served that waiting period (see sections 692 and 693); or
(i) the person is subject to an education leavers waiting period and that period has not ended (see sections 694 and 695); or
(j) the person fails to comply with a requirement that the person:
(i) contact an officer; or
(ii) attend an interview; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological examination;
as required by section 697; or
(k) the person is in gaol (see Part 3.13); or
(l) the person or the person's partner is subject to a compensation preclusion period (see Part 3.14); or
(m) the person has not nominated a bank, credit union or building society account for payment of the allowance (see section 721).
"(2) A sickness allowance is not payable to a person if the person's sickness allowance rate would be nil.
Provision of tax file number
"678. (1) Sickness allowance is not payable unless:
(a) a person has given the Secretary a written statement of the person's tax file number; or
(b) a person has given the Secretary an employment declaration and satisfies either subsection (2) or (3).
Note: the Secretary can require a person to quote their tax file number under section 1308.
"(2) A person satisfies this subsection if:
(a) the employment declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform him or
her of the number; and
(b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number - the tax file
number; and
(c) the Commissioner of Taxation has not told the Secretary that the person has no tax file number.
"(3) A person satisfies this subsection if:
(a) the employment declaration states that an application by the person for a tax file number is pending; and
(b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person - the tax
file number; or
(ii) if the application is refused - that the application has
been refused; or
(c) the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
Provision of partner's tax file number
"679. (1) Subject to subsection (4), sickness allowance is not payable to a person if:
(a) the person is a member of a couple; and
(b) the person is required under section 705 or 726 to give the Secretary a written statement of the tax file number of the person's partner; and
(c) at the end of the period of 28 days after the requirement is made the person has neither:
(i) given the Secretary a written statement of the partner's
tax file number; nor
(ii) given the Secretary a declaration by the partner in a
form approved by the Secretary and satisfied either subsection (2) or (3).
"(2) The person satisfies this subsection if:
(a) the partner's declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the
partner of the partner's number; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number - the tax file
number; and
(c) the Commissioner of Taxation has not told the Secretary that the partner has no tax file number.

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"(3) The person satisfies this subsection if:
(a) the partner's declaration states that an application by the partner for a tax file number is pending; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner - the tax
file number; or
(ii) if the application is refused - that the application has
been refused; or
(iii) if the application is withdrawn - that the application
has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
"(4) The Secretary may waive the requirement for a statement of the partner's tax file number if the Secretary is satisfied that:
(a) the person does not know the partner's tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner's tax file number;
(ii) a statement of the partner's tax file number;
(iii) a declaration by the partner under subparagraph (1) (c) (ii).
Assets test - allowance not payable if assets value limit exceeded
"680. (1) A sickness allowance is not payable to a person if:
(a) the person is not excluded from the sickness allowance assets test; and
(b) the value of the person's assets exceeds the person's assets value limit.
"(2) A person is excluded from the sickness allowance assets test if the person:
(a) has not turned 18; and
(b) is not a member of a couple; and
(c) does not have a dependent child; and
(d) is not an independent young person; and
(e) is not a homeless person.
"(3) A person's assets value limit is worked out using the following Table: work out which family situation applies to the person;
the assets value limit is the corresponding amount in column 3.
ASSETS VALUE LIMIT TABLE
column 1 column 2 column 3
item person's family assets value limit
situation column 3A column 3B
either person or neither person nor
partner homeowner partner homeowner
1. Not member of couple $110,750 $190,250
2. Partnered (partner $157,500 $237,000
getting neither pension
nor benefit)
3. Partnered (partner $78,750 $118,500
getting pension or
benefit)
Note 1: for "member of a couple", "partnered (partner getting neither pension nor benefit)" and "partnered (partner getting pension or benefit)" see section 4.
Note 2: for "homeowner" see section 11.
Note 3: if item 2 applies to a person, the value of all the assets of the person's partner is to be taken as being included in the value of the person's assets (see subsection 680 (1) - this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person's assets is only half the combined value of the person's assets and the assets of the person's partner (see subsection 680 (2)).
Note 4: if a job search or newstart allowance is not payable to a person because of the value of the person's assets, the person may be able to take advantage of provisions dealing with financial hardship (sections 1131 and 1132).
Note 5: the assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).
Note 6: the assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204 (1)).
Note 7: the item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204 (2) and (3)).
Value of assets of members of couples
"681. (1) If:
(a) the person is a member of a couple; and
(b) the person's partner:
(i) is not in receipt of a social security or service
pension; and
(ii) is not in receipt of a social security allowance;
the value of the person's assets, or of assets of a particular kind of the person, includes the value of the partner's assets or of assets of that kind
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of the partner.
"(2) If:
(a) the person is a member of a couple; and
(b) the person's partner is in receipt of:
(i) a social security or service pension; or
(ii) a social security allowance;
the value of:
(c) the person's assets is taken to be 50% of the sum of the value of the person's assets and the value of the partner's assets; and
(d) the person's assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of assets of that kind of the person's partner.
Person previously receiving job search allowance (under 18)
"682. (1) If:
(a) a person has not turned 18; and
(b) the person was receiving a job search allowance immediately before the person became qualified for a sickness allowance;
sickness allowance is not payable to the person.
"(2) Subsection (1) does not apply to a person who is qualified for sickness allowance under section 666.
Note: where a person who is receiving a job search allowance becomes qualified for sickness allowance, the person remains qualified for a job search allowance - see subsection 514 (2).
Person previously receiving job search allowance (18 or over)
"683. (1) If:
(a) a person has turned 18; and
(b) the person was receiving a job search allowance immediately before the person became qualified for a sickness allowance;
sickness allowance is not payable to the person during the period of 6 weeks beginning on the day the person became qualified for a sickness allowance.
"(2) Subsection (1) does not apply to a person who is qualified for sickness allowance under section 666. Note: where a person who has turned 18 is receiving a job search allowance becomes qualified for sickness allowance, the person remains qualified for a job search allowance for 6 weeks - see subsection 514 (3). Person previously receiving newstart allowance
"684. (1) If a person was receiving newstart allowance immediately before the person became qualified for a sickness allowance, sickness allowance is not payable to the person during the period of 13 weeks beginning on the day the person became qualified for a sickness allowance.
"(2) Subsection (1) does not apply to a person who is qualified for sickness allowance under section 666. Note: where a person who is receiving a newstart allowance becomes qualified for sickness allowance, the person remains qualified for newstart allowance - see subsection 594 (2). Full-time students
"685. (1) Subject to subsection (2), sickness allowance is not payable to a person who is enrolled in a full-time course of education or vocational training for the period that:
(a) starts when the person starts the course; and
(b) finishes when the person:
(i) completes the course; or
(ii) abandons the course; or
(iii) gives notice to the provider of the course that the
person:
(A) wishes to withdraw from the course; or
(B) wishes to withdraw from such number of subjects that the
person's course will no longer be a full-time course; and
(c) includes periods of vacation; and
(d) does not include periods of deferment.
"(2) Subsection (1) does not prevent a sickness allowance from being payable for any period during which:
(a) a person is enrolled in a course that the Secretary has required the person to undertake under section 696; or
(b) the person has deferred a course of education.
Multiple entitlement exclusion
"686. (1) Sickness allowance is not payable to a person if the person is already receiving a service pension.
"(2) If:
(a) a person is receiving sickness allowance; and
(b) a social security pension, another social security benefit or service pension becomes payable to the person;
the sickness allowance is not payable to the person.
Note 1: another payment type will generally not become payable to the person until the person claims it.
Note 2: "social security benefit" includes job search and newstart allowances.
Note 3: for the day on which the sickness allowance ceases to be payable see section 728C.
"(3) Sickness allowance is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving:
(i) a pension under Part II or IV of the Veterans'

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Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act; or
(ii) a pension under the Seamen's War Pensions and Allowances
Act 1940 at a rate determined under subsection 18 (2) of that Act;
unless:
(c) the woman has been receiving a payment referred to in subparagraph (b) (i) or (ii) continuously since before 1 November 1986; and
(d) before 1 November 1986 the woman was also receiving a social security benefit.
Note: for "armed services widow" see subsection 4 (1).
"(4) Sickness allowance is not payable to a man if the man is a widower who is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30 (1) of that Act.
"(5) Sickness allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:
(a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part-time students; or
(b) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or
(c) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or
(d) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students.
Note: for "prescribed educational scheme" see section 5.
"(6) If:
(a) a person starts a full-time course of education; and
(b) a payment under a scheme referred to in subsection (5) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (5), sickness allowance is payable to the person for a period before the person starts the course.
Provisional commencement day
"687. (1) A person's provisional commencement day is, subject to subsection (2), the day on which the person becomes incapacitated for work.
"(2) If:
(a) the person is a transferee to the sickness allowance; and
(b) the person claims the sickness allowance within 4 weeks after the person's transfer day;
the person's provisional commencement day is the person's transfer day.

Note: for "transferee" to a social security benefit and "transfer day" see subsections 23 (6) and (7).
"(3) If:
(a) a person is subject to an education leaver's waiting period (see subsection 696 (1)); and
(b) the person became incapacitated for work while undertaking the course of education;
the person's provisional commencement day is the last day on which the person was undertaking the course.
Claim resulting from a major disaster
"(4) If a person:
(a) claims a disaster relief payment; and
(b) is qualified for the payment; and
(c) as a result of the major disaster to which the payment relates, claims sickness allowance within 14 days of claiming the disaster relief payment;
the person's provisional commencement day is the day on which he or she was affected by the disaster.
Commencement of sickness allowance
"688. (1) If a person is qualified for a sickness allowance, the allowance is not payable to the person before the day worked out in accordance with subsections (2) to (7) and section 689.
Claim within 5 weeks of incapacity and no waiting period applying
"(2) If the person:
(a) claims the allowance within 5 weeks after the day on which the person becomes incapacitated for work; and
(b) the person is not subject to an ordinary waiting period; and
(c) the person is not subject to an unused annual leave waiting period;
the allowance is not payable to the person before the person's provisional commencement day.
Note 1: for "ordinary waiting period" see sections 693 and 694 and for "unused annual leave waiting period" see sections 690 to 692.
Note 2: for "provisional commencement day" see section 687.
Claim within 5 weeks of incapacity and ordinary waiting period applying
"(3) If the person:
(a) claims the allowance within 5 weeks after the day on which the person becomes incapacitated for work; and
(b) the person is subject to an ordinary waiting period;
the allowance is not payable to the person before the first day after the end of the ordinary waiting period.
Note 1: for "ordinary waiting period" see sections 693 and 694.
Note 2: a person who is a transferee to the sickness allowance and claims

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within 4 weeks of the person's transfer day will not be subject to an ordinary waiting period.
Note 3: the ordinary waiting period will follow an unused annual leave waiting period if there is one (see subsection 694 (2)).
Claim within 5 weeks of incapacity and unused annual leave waiting period applying
"(4) If the person:
(a) claims the allowance within 5 weeks after the day on which the person becomes incapacitated; and
(b) the person is subject to an unused annual leave waiting period but not subject to an ordinary waiting period;
the allowance is not payable to the person before the first day after the end of the unused annual leave waiting period.
Note 1: for "unused annual leave waiting period" see sections 690 to 692 and for "ordinary waiting period" see sections 693 and 694.
Note 2: if a person is subject to both an ordinary waiting period and an unused annual leave waiting period, the ordinary waiting period will follow the unused annual leave waiting period (see subsection 694 (2)) and subsection (3) of this section will apply.
Claim more than 5 weeks after incapacity and delay due to incapacity
"(5) If:
(a) the person claims the allowance more than 5 weeks after the day on which the person becomes incapacitated for work; and
(b) the Secretary is satisfied that the incapacity is the sole or dominant cause for the failure to claim the allowance within 5 weeks after that day;
the allowance is not payable to the person before the day determined by the Secretary.
"(6) The day determined under subsection (5):
(a) must not be more than 4 weeks before the day on which the person lodges the claim for the allowance; and
(b) must not, if the person is subject to an ordinary waiting period, be earlier than the first day after the end of the ordinary waiting period; and
(c) must not, if the person is subject to an unused annual leave waiting period and not subject to an ordinary waiting period, be earlier than the first day after the end of the unused annual leave waiting period.
Claim more than 5 weeks after incapacity and delay not due to incapacity
"(7) If:
(a) the person claims the allowance more than 5 weeks after the day on which the person becomes incapacitated for work; and
(b) the Secretary is not satisfied that the incapacity is the sole or dominant cause for the failure to claim the allowance within 5 weeks after that day;
the allowance is not payable to the person before the day on which the claim is lodged.
Initial incorrect claim followed by claim for sickness allowance
"689. If:
(a) a person makes a claim (in this section called the "initial claim") for:
(i) a social security or service pension or a social security
allowance; or
(ii) a pension, allowance, benefit or other payment under
another Act, or under a program administered by the Commonwealth, that is similar in character to sickness allowance; and
(b) on the day on which the person makes the initial claim, the person is qualified for sickness allowance; and
(c) the person subsequently makes a claim for sickness allowance; and
(d) the Secretary is satisfied that it is reasonable for this section to apply to the person;
section 688 applies to the person as if the person had made the claim for sickness allowance on the day on which the person made the initial claim.
"Subdivision C - Situations where allowance not payable (waiting periods)
Unused annual leave waiting period
"690. A person is subject to an unused annual leave waiting period if:
(a) the person's employment with an employer has ended; and
(b) when that employment ended, the person became entitled to receive a payment for unused annual leave; and
(c) the person's provisional commencement day occurs within the notional leave period.
Note 1: for "unused annual leave" see subsection 23 (1).
Note 2: for "notional leave period" see section 691.
Note 3: for "provisional commencement day" see section 687.
Notional leave period
"691. (1) A person's notional leave period is the period that:
(a) starts on the day after the day on which the person's employment has ended; and
(b) runs for the number of days for which the person has unused annual leave as calculated under subsections (2) and (3).
"(2) Subject to subsection (3), the number of days for which the person has unused annual leave is worked out as follows:
(a) if the period of unused annual leave is expressed in weeks - multiply
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by 7 the number of weeks (including fractions of weeks) in the period of unused annual leave and disregard any fraction that results;
(b) in any other case - multiply by 7 the number of working weeks (including any fraction of a working week) represented by the period of unused annual leave and disregard any fraction that results.
"(3) The number of days for which a person has unused annual leave cannot exceed 28 days.
Duration of unused annual leave waiting period
"692. A person's unused annual leave waiting period starts on the person's provisional commencement day and finishes on the last day of the notional leave period.
Note 1: for "notional leave period" see section 691.
Note 2: an unused leave waiting period may apply to a person whether or not the person is subject to an ordinary waiting period. If the person is subject to an ordinary waiting period, that period will start after the unused leave waiting period - see subsection 694 (2).
Note 3: for "provisional commencement day" see section 687.
Ordinary waiting period
"693. A person is subject to an ordinary waiting period unless:
(a) immediately before becoming qualified for the sickness allowance, the person was receiving a job search allowance or a newstart allowance; or
(b) the person has served an ordinary waiting period that ended not more than 12 weeks before the person's provisional commencement day; or
(c) the person is a transferee to the sickness allowance and claims the sickness allowance within 4 weeks after the person's transfer day; or
(d) the person has been in receipt of sickness allowance in respect of any period during the 4 weeks immediately before the person's current claim for sickness allowance is made.
Note 1: for "transferee" and "transfer day" to a social security benefit see subsections 23 (6) and (7).
Note 2: for "provisional commencement day" see section 687.
Duration of ordinary waiting period
No unused annual leave waiting period
"694. (1) If a person:
(a) is subject to an ordinary waiting period; and
(b) is not subject to an unused annual leave waiting period; and
(c) is not disqualified for sickness allowance under section 676 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the person's provisional commencement day.
Unused annual leave waiting period
"(2) If a person:
(a) is subject to an ordinary waiting period; and
(b) is subject to an unused annual leave waiting period; and
(c) is not disqualified for sickness allowance under section 676 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the day after the day on which the person's unused annual leave waiting period ends.
Note 1: for "unused annual leave waiting period" see sections 690 to 692.
Note 2: for "provisional commencement day" see section 687.
"(3) If a person:
(a) is subject to an ordinary waiting period; and
(b) is not subject to an unused annual leave waiting period; and
(c) is disqualified for sickness allowance under section 676 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the day after the end of the period of 4 weeks referred to in subsections 676 (2), (3) and (4).
"(4) If a person:
(a) is subject to an ordinary waiting period; and
(b) is subject to an unused annual leave waiting period; and
(c) is disqualified for sickness allowance under section 676 (liquid assets test);
the ordinary waiting period is the period of 7 days that starts on the day after the end of the period of 4 weeks referred to in subsections 676 (2), (3) and (4).
Education leavers waiting period
Persons subject to waiting period
"695. (1) A person is subject to an education leavers waiting period if the person:
(a) was undertaking a full-time course of education of at least 6 months duration; and
(b) has stopped the course; and
(c) was, immediately before stopping the course, receiving neither:
(i) a social security or service pension; nor
(ii) a social security benefit; and
(d) has a provisional commencement day within 6 months after stopping the course; and
(e) is not covered by subsection (2) (recipients stopping courses after 4 weeks).
Note: for "provisional commencement day" see section 687.
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No education leavers waiting period in some cases where already served
"(2) A person who would otherwise be subject to an education leavers waiting period in relation to sickness allowance is not subject to such a period if:
(a) the person had previously been subject to an education leavers waiting period; and
(b) an unemployment benefit, newstart allowance, job search allowance or sickness allowance had been payable to the person continuously from the end of the education leavers waiting period until immediately before the person started the course; and
(c) the person's provisional commencement day is within 4 weeks after starting the course.
Note 1: for "provisional commencement day" see section 687.
Note 2: for "education leavers waiting period" see subsection 23 (1).
Duration of education leavers waiting period
General rule
"696. (1) Subject to this section, the education leavers waiting period starts on the person's provisional commencement day and lasts for:
(a) 13 weeks if, on the person's provisional commencement day, the person:
(i) is not a member of a couple; and
(ii) is under 21; and
(iii) does not have a dependent child; or
(b) 6 weeks if, on the person's provisional commencement day, the person:
(i) is a member of a couple; or
(ii) is over 21; or
(iii) has a dependent child.
Note 1: the duration of the education leavers waiting period may be modified by:
(a) subsections (2) and (3) (change of status during waiting period);
(b) subsection (5) (periods of employment or periods on special benefit);
(c) subsection (6) (previous periods of non-payment because of education leavers waiting period);
(d) subsection (7) (6 months ceiling).
Note 2: for "provisional commencement day" see section 687.
Change of status in first 6 weeks
"(2) Subject to subsection (4), where:
(a) a person who is covered by paragraph (1) (a):
(i) becomes a member of a couple; or
(ii) turns 21; or
(b) a young person becomes a dependent child of a person who is covered by paragraph (1) (a);
within 6 weeks from and including the person's provisional commencement day, the education leavers waiting period starts on the person's provisional commencement day and lasts for 6 weeks.
Note: for "provisional commencement day" see section 687.
Change of status after 6 weeks
"(3) Subject to subsection (4), where:
(a) a person who is covered by paragraph (1) (a):
(i) becomes a member of a couple; or
(ii) turns 21; or
(b) a young person becomes a dependent child of a person who is covered by paragraph (1) (a);
in the period:
(c) starting at the end of 6 weeks from the person's provisional commencement day; and
(d) lasting for 6 weeks;
the education leavers waiting period starts on the person's provisional commencement day and ends on the day before the day on which the person is first covered by paragraph (a) or (b).
Note: for "provisional commencement day" see section 687.
Notification required
"(4) For the purposes of subsections (2) and (3):
(a) a person is not to be taken to have become a member of a couple; and
(b) a young person is not to be taken to have become a dependent child of a person;
until the person notifies the Department that this is the case.
Reduction of waiting period for periods of special benefit and employment

"(5) The waiting period imposed by subsection (1) or (2) is to be reduced by a period equivalent to:
(a) if the person is subject to a 13 week education leavers waiting period - any period during which the person was employed on a full-time basis after stopping the course; and
(b) if the person is subject to a 6 week education leavers waiting period - any period during which the person has been employed, at any time, on a full-time basis; and
(c) any period during which the person was paid special benefit after stopping the course.
Reduction of education leavers waiting period where already partially served
"(6) If:
(a) a person is required to serve an education leavers waiting period; and
(b) the person started the course concerned at a time when an unemployment

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benefit, sickness benefit, newstart allowance, job search allowance or sickness allowance was not payable to the person because of an education leavers waiting period; and
(c) the person's provisional commencement day is within 4 weeks after the person started the course concerned;
the duration of the education leavers waiting period is reduced by the number of days of the previous education leavers waiting period that the person had served immediately before starting the course.
Note 1: for "provisional commencement day" see section 687.
Note 2: for "education leavers waiting period" see section 23.
6 month ceiling
"(7) An education leavers waiting period that applies in respect of a course of study undertaken by a person is not to extend more than 6 months after the person has stopped the course.
"Subdivision D - Situations where allowance not payable
(recipient non-compliance)
Rehabilitation programs
"697. The Secretary may request a person who is receiving sickness allowance to undertake a rehabilitation program.
Refusal to attend interview etc.
"698. (1) A sickness allowance is not payable to a person if:
(a) the person is receiving a sickness allowance; and
(b) the Secretary is of the opinion that the person should:
(i) contact a specified officer of the Department; or
(ii) attend an interview at a specified place; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological
examination; and
(c) the Secretary notifies the person that the person is required to:
(i) contact that officer; or
(ii) attend that interview; or
(iii) complete that questionnaire; or
(iv) attend that examination; or
(v) if the person has undergone an examination - provide to
the Secretary a report on that examination in the approved form; and
(d) the Secretary is satisfied that it is reasonable for this section to apply to the person; and
(e) the person does not take reasonable steps to comply with the Secretary's requirements within the time specified in the notice.
Note: the person's allowance will be cancelled or suspended by a determination of the Secretary under section 728L.
"(2) A notice under paragraph (1) (c) must be in writing and must inform the person of the effect of this section.

"Division 2 - Claim for sickness allowance
Need for a claim
"699. (1) A person who wants to be granted a sickness allowance must make a proper claim for that allowance.
Note: for "proper claim" see section 700 (form), section 701 (manner of lodgment) and section 702 (residence/presence in Australia).
"(2) For the purposes of subsection (1), where:
(a) a claim for sickness allowance is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for sickness allowance, otherwise than because of section 676 (liquid assets test waiting period);
the claim is taken not to have been made.
Form of claim
"700. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.
Lodgment of claim
"701. (1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
"(2) A place or person approved under subsection (1) must be a place or person in Australia.
Claimant must be Australian resident and in Australia
"702. Subject to section 703, a claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note: for "Australian resident" see subsection 7 (2).
Temporary absence from Australia
"703. For the purposes of section 702, where:
(a) the person is temporarily absent from Australia; and
(b) the person is absent in order to seek medical treatment of a kind that is not available in Australia;
the person is taken to be in Australia during:
(c) if the period does not exceed 3 months - the whole of that period; or

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(d) if the period exceeds 3 months - the first 3 months of that period.
Medical certificate to accompany claim
"704. (1) Subject to subsection (2), a claim for sickness allowance must be supported by the certificate of a medical practitioner which states:
(a) the medical practitioner's diagnosis; and
(b) the medical practitioner's prognosis; and
(c) that the person is incapacitated for work; and
(d) the period for which the person is incapacitated for work; and
(e) whether the person's condition is likely to benefit if the person:
(i) receives treatment; or
(ii) undertakes a rehabilitation program.
"(2) A certificate under subsection (1) must be in accordance with a form approved by the Secretary.
"(3) A person's claim for sickness allowance need not be supported by a medical certificate if the person is claiming to be qualified for sickness allowance under section 667 (participation in a rehabilitation program).
"(4) The Secretary may, in special circumstances, direct that subsection (1) or (2) not apply in relation to a claim.
Secretary may require claimant to give statement of partner's tax file number
"705. If:
(a) a claimant for sickness allowance is a member of a couple; and
(b) the claimant's partner is in Australia;
the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant's partner.
Note 1: for the consequences of a failure to comply with the requirement see section 679.
Note 2: under section 678 the claimant is automatically required to give a statement of the claimant's own tax file number.
Note 3: in some cases the requirement can be satisfied by giving the Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner's tax file number: see subsections 679 (2) and (3).
Note 4: the Secretary can waive the requirement in some cases: see subsection 679 (4).
"Division 3 - Determination of claim
Secretary to determine claim
"706. The Secretary must, in accordance with this Act, determine the claim.
Grant of claim
"707. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for a sickness allowance; and
(b) the allowance is payable.
Date of effect of determination
"708. (1) Subject to subsections (2), (3) and (4), a determination under section 707 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
Notified decision - review sought within 3 months
"(2) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for sickness allowance; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
Notified decision - review sought after 3 months
"(3) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for sickness allowance; and
(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.
Decision not notified
"(4) If:
(a) a decision (in this subsection called the "previous decision") is made rejecting a person's claim for sickness allowance; and
(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of the previous decision; and
(d) a determination granting the claim is made as a result of the
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application for review;
the determination takes effect on the day on which the previous decision took effect.
"Division 4 - Rate of sickness allowance
How to work out a person's sickness allowance rate
"709. Subject to sections 710, 711 and 712, a person's sickness allowance rate is worked out:
(a) if the person has not turned 18 - using Benefit Rate Calculator A at the end of section 1067; or
(b) if the person has turned 18 - using Benefit Rate Calculator B at the end of section 1068.
Note: for double payments on release from gaol see section 1161.
Limitation on rate - loss of salary, wages or income
General rule
"710. (1) If a person is qualified for sickness allowance through subparagraph 666 (1) (d) (i) (loss of salary, wages or other income of a similar nature), the rate per fortnight of the person's allowance is not to exceed the rate that, in the Secretary's opinion, is the rate per fortnight of the salary, wages or other income that the person has lost because of the person's incapacity for work.
Loss of salary, wages or income includes NEIS and FAS payments
"(2) For the purposes of subsection (1), the income that a person has lost because of the person's incapacity for work includes:
(a) a payment received by the person under the New Enterprise Incentive Scheme; and
(b) any family allowance supplement payable to the person or to the person's partner.
Payment to a substitute
"(3) If:
(a) a person makes a payment to someone else who acts as the person's substitute during a period of incapacity; and
(b) the Secretary is satisfied that the payment is made justifiably and genuinely;
the Secretary may, for the purposes of subsection (1), regard the payment as income that the person has lost because of the person's incapacity for work.
Limitation on rate - loss of job search or newstart allowance qualification
"711. If a person is qualified for sickness allowance through subparagraph 666 (1) (d) (ii) (loss of qualification for allowance), the rate per fortnight of the person's allowance is not to exceed the rate per fortnight of the job search allowance or newstart allowance that would be payable to the person if the person were receiving job search allowance or newstart allowance. Limitation on rate - transferee
Partner getting wife or carer pension
"712. (1) If:
(a) a person is qualified for sickness allowance through subparagraph 666 (1) (d) (iii) (transfer from social security pension); and
(b) a wife pension or carer pension was, immediately before the person ceased to receive the social security pension, payable to the person's partner;
the rate per fortnight of the person's allowance is not to exceed the sum of the rates per fortnight of the social security pension and the wife pension or carer pension that was payable to the person's partner.
Other transferee cases
"(2) If:
(a) a person is qualified for sickness allowance through subparagraph 666 (1) (d) (iii) (transfer from social security pension); and
(b) subsection (1) does not apply to the person;
the rate per fortnight of the person's allowance is not to exceed the rate per fortnight of the social security pension.
Sickness allowance recipient may ask Secretary to change appropriate tax year
"713. (1) If:
(a) the maximum basic rate of a person's sickness allowance has been reduced because of the parental income test provided in Module G of Benefit Rate Calculator A (see section 1067); and
(b) the person asks the Secretary to make a determination under this section; and
(c) the taxable income of the person's income test parent or parents for the tax year in which the request is made is 75% or less than 75% of the taxable income of the income test parent or parents for the tax year that is the appropriate tax year immediately before the request is made;
the Secretary must determine that the appropriate tax year, for the purposes of applying that Module to the person for the period:
(d) starting on the day on which the request is made; and
(e) finishing on the first anniversary of that day;
is the tax year in which the request is made.
"(2) A request under paragraph (1) (b) must be made in writing, in accordance with a form approved by the Secretary.
"(3) Terms used in subsection (1) have the same meaning as they have in Module G of Benefit Rate Calculator A.
Rate of persons receiving sickness allowance with rent assistance since before
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1 July 1987
"714. If:
(a) immediately before 1 July 1987:
(i) sickness benefit was payable to a person; and
(ii) an allowance was payable to the person under section 120
of the 1947 Act (supplementary allowance for rent); and
(b) sickness benefit was payable to the person continuously from 1 July 1987 to 30 September 1991; and
(c) sickness allowance has been payable to the person continuously from 1 October 1991;
the maximum payment rate of the person must be not less than twice the sum of:

(d) the rate of sickness benefit payable to the person immediately before 1 July 1987 without applying section 122 of the 1947 Act (income and assets test); and
(e) the rate of the allowance payable to the person immediately before 1 July 1987 under section 120 of the 1947 Act (supplementary allowance for rent).
"Division 5 - Payment of sickness allowance
Commencement of sickness allowance
"715. Sickness allowance becomes payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the person.
Note 1: for qualification see sections 666 and 667.
Note 2: for the circumstances in which a sickness allowance is not payable see section 677.
Instalments
"716. (1) Sickness allowance is to be paid by instalments for periods determined by the Secretary.
"(2) Instalments of sickness allowance are to be paid at the times determined by the Secretary.
Instalments for period less than a fortnight
"717. (1) If:
(a) an instalment of sickness allowance is for a period; and
(b) the period is less than a fortnight;
the instalment for the period is:
sickness allowance rate x week days in period
10
"(2) If:
(a) an instalment of sickness allowance is for a period; and
(b) the period consists of:
(i) a number of whole fortnights; and
(ii) a period that is less than a fortnight;
the instalment, insofar as it relates to the period that is less than a fortnight, is:
sickness allowance rate x week days in period
10
Rounding off instalment
"718. (1) If the amount of an instalment is:
(a) a number of whole dollars and a part of a cent; or
(b) a number of whole dollars and cents and a part of a cent; the amount is, subject to subsection (2), to be increased or decreased to the nearest whole cent.
"(2) If the amount of an instalment is:
(a) a number of whole dollars and 0.5 cent; or
(b) a number of whole dollars and cents and 0.5 cent;
the amount is to be increased by 0.5 cent.
"(3) If, apart from this section, the amount of an instalment would be less than $1.00, the amount is to be increased to $1.00.
Payment to person
"719. A person's sickness allowance is, subject to section 720, to be paid to that person.
Nominee payments
"720. (1) The Secretary may direct that the whole, or a part, of the amount of sickness allowance payable to a person is to be paid to someone else on behalf of the person.
"(2) If the Secretary makes a direction under subsection (1), the sickness allowance is to be paid in accordance with the direction.
Payment into bank account etc.
"721. (1) Subject to subsection (6), sickness allowance payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.
"(2) The account must be an account nominated and maintained by the person to whom the sickness allowance is payable.
"(3) The account may be an account that is maintained by a person to whom the sickness allowance is payable either alone or jointly or in common with another person.
"(4) Where a person to whom sickness allowance is payable has not nominated

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an account for the purposes of subsection (1), then, subject to subsection (6), that allowance is not to be paid.
"(5) Where:
(a) a person is not being paid sickness allowance because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (1);
the allowance (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).
"(6) The Secretary may direct that the whole or a part of an amount of sickness allowance that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).
"(7) If the Secretary gives a direction under subsection (6), the sickness allowance is to be payable in accordance with the direction.
Where allowance payday would fall on public holiday etc.
"722. If the Secretary is satisfied that an amount of sickness allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.
Payment of allowance after death
"723. (1) If:
(a) a sickness allowance is payable to a person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an amount of sickness allowance payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in
special circumstances;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
"(2) If the Secretary pays an amount of sickness allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of sickness allowance.
"Division 6 - Protection of sickness allowance
Sickness allowance to be absolutely inalienable
"724. (1) Subject to subsection (2) and section 1359, sickness allowance is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
Payments to Commissioner of Taxation at recipient's request
"(2) The Secretary may make deductions from the instalments of sickness allowance payable to a person where the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: the Secretary must make deductions from a person's allowance if requested by the Commissioner of Taxation - see section 1359.
Effect of garnishee or attachment order
"725. (1) If:
(a) a person has an account with a financial institution; and
(b) instalments of sickness allowance payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
"(2) The saved amount is worked out as follows:
Method statement
Step 1. Work out the total amount of sickness allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force. Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
"(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
"Division 7 - Recipient obligations
Secretary may require recipient to give statement of partner's tax file number
"726. If:
(a) a sickness allowance recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient's partner.
Note 1: for the consequences of a failure to comply with the requirement see section 679.
Note 2: in some cases the requirement can be satisfied by giving the Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner's tax file number: see subsections 679
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(2) and (3).
Note 3: the Secretary can waive the requirement in some cases: see subsection 679 (4).
Secretary may require notice of the happening of an event or a change in circumstances
"727. (1) The Secretary may give a person to whom a sickness allowance is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
"(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance.
"(3) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is given under this section.
"(4) The period specified under paragraph (3) (d) must end at least 7 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
"(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
"(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
"(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
Secretary may require recipient to give particular information relevant to payment of sickness allowance

"728. (1) The Secretary may give a person to whom a sickness allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.
"(2) A notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is given under this section.
"(3) The period specified under paragraph (2) (d) must end at least 7 days after the day on which the notice is given.
"(4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
"(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Penalty: $1,000 or imprisonment for 6 months, or both.
"(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
"(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
Self incrimination
"728A. (1) A person is not excused from giving information pursuant to a notice under section 727 or 728 on the ground that the information may tend to incriminate the person.
"(2) Information given by a person pursuant to a notice under section 727 or 728 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 727 (5) or (6) or 728 (5) or (6).
"Division 8 - Continuation, variation and termination
"Subdivision A - General
Continuing effect of determination
Entitlement determination
"728B. (1) A determination that:

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(a) a person's claim for sickness allowance is granted; or
(b) a sickness allowance is payable to a person;
continues in effect until:
(c) the allowance ceases to be payable under section 728C, 728D, 728E or 728F; or
(d) a further determination in relation to the benefit under section 728L or 728M has taken effect.
Note 1: for paragraph (a) see section 706.
Note 2: for paragraph (b) see section 728P - this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.
Rate determination
"(2) A determination of the rate of a sickness allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under section 728G or 728H; or
(b) a further determination in relation to the allowance under section 728J or 728K has taken effect.
"Subdivision B - Automatic termination
Automatic termination when maximum allowance period ends
"728C. If:
(a) a person is receiving sickness allowance; and
(b) the person ceases to be qualified for sickness allowance under section 669, 670, 672 or 673;
the allowance ceases to be payable to the person immediately after the day on which the person so ceases to be qualified.
Automatic termination - transfer to new payment type
"728D. If:
(a) a person is receiving sickness allowance; and
(b) a social security pension, another social security benefit or service pension becomes payable to the person;
the sickness allowance ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.
Automatic termination - recipient complying with section 727 notification obligations
"728E. If:
(a) a person who is receiving sickness allowance is given a notice under section 727; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance would, but for this section, cease to be
payable to the person; and
(f) the allowance is not cancelled before the end of the notification period;
the allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: if the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's allowance, there is no automatic rate reduction and a determination under section 728K must be made in order to bring the rate reduction into effect.
Automatic termination - recipient not complying with section 727 notification obligations
"728F. If:
(a) a person who is receiving sickness allowance is given a notice under section 727; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.
"Subdivision C - Automatic rate reduction
Automatic rate reduction - partner starting to receive pension or benefit
"728G. If:
(a) a person is receiving sickness allowance; and
(b) the person's partner starts to receive:
(i) a social security pension or benefit; or
(ii) a service pension; and

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(c) the person's sickness allowance rate is reduced because of the partner's receipt of that pension or benefit;
the sickness allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.
Automatic rate reduction - recipient not complying with section 727 notification obligations
"728H. If:
(a) a person who is receiving sickness allowance is given a notice under section 727; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (in this section called the "notification period"); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person's rate of allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstances occurs.
"Subdivision D - Determinations
Rate increase determination
"728J. If the Secretary is satisfied that the rate at which sickness allowance is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: for the date of effect of a determination under this section see section 728Q.
Rate reduction determination
"728K. If the Secretary is satisfied that the rate at which sickness allowance is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: a determination under this section is not necessary in a case where an automatic rate reduction is produced by section 728H (see subsection 728B (2)).
Note 2: for the date of effect of a determination under this section see section 728R.
Cancellation or suspension determination
"728L. If the Secretary is satisfied that sickness allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the allowance is to be cancelled or suspended.
Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 728E or 728F (see subsection 728B (1)).
Note 2: for the date of effect of a determination under this section see section 728R.
Cancellation or suspension for failure to comply with section 727, 1304 or 1305 notice
"728M. If:
(a) a person who is receiving a sickness allowance is given a notice under section 727, 1304 or 1305 requiring the person to give the Department a statement; and
(b) the person does not comply with the notice;
the Secretary may determine that the allowance is to be cancelled or suspended.
Note 1: this section will not apply in a case where section 728L applies.
Note 2: for the date of effect of a determination under this section, see section 728R.
Changes to payments by computer
"728N. If:
(a) payment of a sickness allowance to a person is based upon data in a computer; and
(b) the pension rate is increased or reduced, or the pension is cancelled or suspended, because of the operation of a computer program approved by the Secretary; and
(c) the program causes the change for a reason for which the Secretary could determine the change;
the change is taken to have been made because of a determination by the Secretary for that reason.
Resumption of payment after cancellation or suspension
"728P. (1) If the Secretary:
(a) cancels or suspends a person's sickness allowance under section 728L or 728M; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that because of the decision to cancel or suspend:
(i) the person did not receive sickness allowance that was
payable to the person; or
(ii) the person is not receiving sickness allowance that is

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payable to the person;
the Secretary is to determine that sickness allowance was or is payable to the person.
"(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.
Note: for the date of effect of a determination under this section see section 728Q.
"Subdivision E - Date of effect of determinations
Date of effect of favourable determination
"728Q. (1) The day on which a determination under section 728J or 728P (in this section called the "favourable determination") takes effect is worked out in accordance with this section.
Notified decision - review sought within 3 months
"(2) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a sickness allowance; and
(b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.
Notified decision - review sought after 3 months
"(3) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a sickness allowance; and
(b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the person sought the review.
Decision not notified
"(4) If:
(a) a decision (in this subsection called the "previous decision") is made in relation to a sickness allowance; and
(b) no notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of the previous decision; and
(d) a favourable determination is made as a result of the application for review; and
(e) subsections (6), (7) and (8) do not apply to the determination;
the determination takes effect on the day on which the previous decision took effect.
Notified change of circumstances
"(5) If:
(a) the favourable determination is made after a person has advised the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance income;
the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.
Prescribed student child determination
"(6) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion for the purposes of subsections 5 (12) and (13) that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.
"(7) If:
(a) the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and
(c) the Secretary was notified, within 28 days after the payment was
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granted, that it was no longer being received;
the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.
"(8) If:
(a) the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b) no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c) the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d) the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;
the determination takes effect on the day on which the young person became a prescribed student child.
Other determinations
"(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.
Date of effect of adverse determination
General
"728R. (1) The day on which a determination under section 728K, 728L or 728M (in this section called the "adverse determination") takes effect is worked out in accordance with this section.
Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
"(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination - on that day.
"(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.
Contravention of Act
"(4) If:
(a) the person whose allowance is affected by the adverse determination has contravened a provision of this Act (other than section 727, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.
False statement or misrepresentation - suspension or cancellation
"(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the allowance has been paid to a person when it should have been cancelled or suspended;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.
False statement or misrepresentation - rate reduction
"(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which the allowance was paid to a person was more than it should have been;
the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.
"Division 9 - Bereavement payments
"Subdivision A - Death of dependent child
Bereavement payments on death of dependent child
"728S. If:
(a) a person is receiving sickness allowance; and
(b) a dependent child of the person dies; and
(c) immediately before the child died, the person's sickness allowance rate included:
(i) a dependent child add-on in respect of the child; or
(ii) guardian allowance in respect of the child;
the person is qualified for payments under this Division to cover the bereavement period.

Note 1: section 728T provides for sickness allowance to be paid to the person, up to the first available bereavement adjustment payday, at the rate at which it would have been paid if the child had not died but were disregarded for the purposes of working out the person's income test free areas.
Note 2: section 728U provides for a lump sum to be paid to the person if the person was receiving family allowance for the child and the first available bereavement adjustment payday occurs before the end of the bereavement period: the lump sum represents the difference, over the bereavement lump sum period, between the person's new sickness allowance rate and the rate at which the allowance would have been paid if the child had not died but were disregarded

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for the purposes of working out the person's income test free areas.
Note 3: the additional payments preserved by this Division are:
. dependent child add-on;
. guardian allowance;
. additional rent assistance;
. additional remote area allowance.
Continued payment of child-related amounts
"728T. If a person is qualified for payments under this Division in relation to the death of a dependent child, the person's sickness allowance rate during the bereavement rate continuation period is to be calculated as if:
(a) the child had not died; and
(b) the child was disregarded in calculating the person's ordinary income free area and maintenance income free area.
Lump sum payable in some circumstances
"728U. If:
(a) a person is qualified for payments under this Division in relation to the death of a dependent child; and
(b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and
(c) the person was, immediately before the child died, receiving family allowance in respect of the child;
a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
Note: if the person qualified for payments under this Division was not receiving family allowance in respect of the dependent child and somebody else was receiving family allowance in respect of the dependent child, a corresponding lump sum may be payable to the other person under section 890.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount of sickness allowance payable to the person on the payday immediately before the first available bereavement adjustment payday: the result is called the continued rate.
Note: section 728T applies in working out this amount
because the payday on which it is payable is within the bereavement rate continuation period.
Step 2. Work out the amount of sickness allowance that would have been payable to the person on the payday immediately before the first available bereavement adjustment payday if the person's sickness allowance rate were not calculated under section 728T: the result is called the new rate.
Step 3. Take the new rate away from the continued rate: the result is called the deceased child component.
Step 4. Work out the number of paydays in the bereavement lump sum period.
Step 5. Multiply the deceased child component by the number of paydays in the bereavement lump sum period: the result is the amount of the lump sum payable to the person under this section.
"Subdivision B - Death of recipient
Death of recipient
"728V. (1) If:
(a) a person is receiving a sickness allowance; and
(b) the person is a member of a couple; and
(c) the person dies; and
(d) the person:
(i) was qualified at the time of the person's death for
payments under Subdivision A in relation to the death of a dependent child; or
(ii) would have been so qualified if the person had not died;
and
(e) the person's partner claims the payments referred to in paragraph (d) within 3 months after the death of the child;
there is payable to the partner an amount equal to the sum of the following amounts:
(f) the difference between:
(i) the amount of sickness allowance that would have been
payable to the person under section 728T if the person had not died; and
(ii) the amount of sickness allowance that would have been
payable to the person apart from Subdivision A for the same period if the person had not died;
(g) any lump sum that would have been payable to the person under section 728U if the person had not died.
"(2) If:
(a) a person is receiving a sickness allowance; and
(b) the person is not a member of a couple; and
(c) the person dies; and
(d) the person:
(i) was qualified at the time of the person's death for
payments under Subdivision A in relation to the death of a dependent child; or
(ii) would have been so qualified if the person had not died;
there is payable, to such person as the Secretary thinks appropriate, an
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amount equal to the sum of the following amounts:
(e) the difference between:
(i) the amount of sickness allowance that would have been
payable to the person under section 728T if the person had not died; and
(ii) the amount of sickness allowance that would have been
payable to the person apart from Subdivision A for the same period if the person had not died;
(f) any lump sum that would have been payable to the person under section 728U if the person had not died.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 15
Qualification for mobility allowance

15. Section 1035 of the Principal Act is amended:
(a) by omitting from sub-subparagraph (a) (iii) (C) "20" and substituting "8";
(b) by omitting from sub-subparagraph (b) (iii) (C) "20" and substituting "8".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 16
Rate of mobility allowance

16. (1) Section 1044 of the Principal Act is amended by omitting "$22" and substituting "$40".
(2) The amendment made by subsection (1) applies in relation to payments that fall due on or after 12 November 1991.

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 17
Effect on mobility allowance when person ceases to be qualified

17. Section 1058 of the Principal Act is amended by omitting from paragraph (1) (b) "20" and substituting "8".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 18
Rate of age, disability support (over 20), wife and carer
pensions (people who are not blind)

18. Section 1064 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph:
"(b) disability support pension of a person who has turned 21; and".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 19
Rate of age and disability support (over 20) pensions (blind people)

19. Section 1065 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph:
"(b) disability support pension of a person who:
(i) is permanently blind; and
(ii) has turned 21;".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 20

20. After Part 3.4 of Chapter 3 of the Principal Act the following Parts are inserted:
"PART 3.4A - PENSION RATE CALCULATOR D
Rate of disability support pension (people under 21 who are not blind)
"1066A. (1) The rate of disability support pension of a person who has not turned 21 is, subject to subsection (2), to be calculated in accordance with the Rate Calculator at the end of this section.
Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation.
"(2) Subsection (1) does not apply to a person's disability support pension if the person is permanently blind.
Note: the rate for a disability support pension payable to a person under 21 who is permanently blind is dealt with in section 1066B.
"(3) A person's pension rate is not to exceed the rate at which a pension would be payable to that person if the person's rate were calculated using Pension Rate Calculator A at the end of section 1064.
"(4) If:
(a) a person is a member of a couple; and
(b) the person's partner:
(i) is not receiving a social security or service pension; and
(ii) is not receiving a social security benefit;
the person's pension rate is not to exceed twice the rate at which a pension would be payable to that person if the person's partner were receiving a pension or benefit of that kind.
"(5) If:
(a) a person is living with another person as the spouse of that other person on a genuine domestic basis although not legally married to the other person; and
(b) the other person is of the opposite sex; and
(c) either or both of them are under the age of consent applicable in the State or Territory in which they are living;
the person's pension rate is not to exceed the rate at which it would be payable to the person if the other person were the person's partner.
Note: this provision has the effect of taking into account the ordinary income, maintenance income and assets of the partner in applying the ordinary income test, maintenance income test and assets test respectively.
"PENSION RATE CALCULATOR D
"MODULE A - OVERALL RATE CALCULATION PROCESS
Method of calculating rate

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"1066A-A1. The rate of pension is an annual rate (fortnightly amounts are provided for information only).
Method statement
Step 1. Work out the person's maximum basic rate using MODULE B below.
Step 2. Work out the amount per year for youth disability, Supplement using MODULE C below.
Step 3. Work out the amount per year (if any) for dependent children using MODULE D below.
Step 4. Work out the amount per year (if any) for rent using MODULE EA below for persons under 18 and MODULE EB below for persons who have turned 18.
Step 5. Add up the amounts obtained in Steps 1, 2, 3 and 4:
the result is called the maximum payment rate.
Step 6. Apply the ordinary income test using MODULE F below to work out the reduction for ordinary income.
Step 7. Apply the maintenance income test using MODULE G below to work out the reduction for maintenance income.
Step 8. Add up the reduction for ordinary income and the reduction for maintenance income: the result is called the total income reduction.
Step 9. Take the total income reduction away from the maximum payment rate: the result is called the income reduced rate.
Step 10. Apply the assets test using MODULE H below to work out the reduction for assets.
Step 11. Take the reduction for assets away from the maximum payment rate: the result is called the assets reduced rate.
Step 12. Compare the income reduced rate and the assets reduced rate: the rate of pension is:
(a) the income reduced rate if it is lower than the
assets reduced rate; or
(b) the assets reduced rate if it is lower than the
income reduced rate; or
(c) the income reduced rate if the income reduced
rate and the assets reduced rate are exactly equal;
plus any amount per year payable by way of remote area allowance (see MODULE I below).
Note 1: if a person's assets reduced rate is less than the person's income reduced rate, the person may be able to take advantage of provisions dealing with:
. financial hardship (sections 1129 and 1130);
. pensions loan scheme (section 1133).
Note 2: if a person's rate is reduced under Step 12 the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1207 (maximum basic rate and youth disability supplement first, then rent assistance and finally child amounts).
Note 3: the rate calculation for a member of a couple is affected by the operation of points 1066A-A2.
Note 4: points 1066A-A3 and 1066A-A4 explain the special treatment given to certain members of couples with dependent children.
Members of a couple
"1066A-A2. Where 2 people are members of a couple, they will be treated as pooling their resources (income and assets) and sharing them on a 50/50 basis (see points 1066A-F2, 1066A-G3 and 1066A-H2 below). They will also be treated as sharing expenses (e.g. for rent) on a 50/50 basis (see points 1066A-EA14, 1066A-EA15, 1066A-EB15 and 1066A-EB16 below).
Explanation/background information - pensioner couples with dependent children
"1066A-A3. This Rate Calculator has special income and assets test rules for pensioner couples with dependent children (see points 1066A-F9 to 1066A-F11, points 1066A-G5 to 1066A-G14 and points 1066A-H4 to 1066A-H7 below). Without these special rules, pensioner couples with dependent children could, in some circumstances, receive unfairly favourable treatment compared with other couples. This could arise because:
(a) the member of a pensioner couple to whom dependent children are allocated (see point 1066A-D2 below) starts from a maximum payment rate that is higher than that of the other member of the couple (see Module D below); and
(b) the ordinary income, maintenance income and assets of the couple are taken to be shared between them on a 50/50 basis (see points 1066A-F2, 1066A-G3 and 1066A-H2 below); and
(c) the member of the couple who starts from the lower maximum payment rate could reach a nil income reduced rate or a nil assets reduced rate while the other member has an income reduced rate or an assets reduced rate higher than nil; and
(d) if this occurs, part of the couple's ordinary income, maintenance income or assets would not be "taken into account" in the operation of the income and assets tests.

"1066A-A4. To remove this potentially unfairly favourable treatment, this Rate Calculator provides for:
(a) an initial double reduction for excess income or assets against the additional amounts for dependent children (these are in the hands of the member who is receiving those additional amounts); and

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(b) if any excess income or assets remains - a normal reduction for the remaining excess against the maximum payment rate of each member.
Under these rules, both members of pensioner couples with dependent children should always reach a nil income reduced rate or a nil assets reduced rate at the same time.
"MODULE B - MAXIMUM BASIC RATE
Maximum basic rate
"1066A-B1. A person's maximum basic rate is to be worked out using Table B. Work out the family situation and whether the person has a dependent child. The maximum basic rate is the corresponding amount in column 3.
TABLE B
MAXIMUM BASIC RATES
column 1 column 2 column 3 column 4
item person's family rate per rate per
situation year fortnight
column 3A column 3B column 4A column 4B
person person person person
with without with without
dependent dependent dependent dependent
child child child child
1. Not member of a couple and person:
(a) has not turned 18; and
(b) is not a homeless person; and
(c) is not an independent young person; and
(d) is not living away from the person's parental home because
of medical condition
$7,841.60 $3,226.60 $301.60 $124.10
2. Not member of a couple and person:
(a) has not turned 18; and
(b) is:
(i) a homeless person; or
(ii) an independent young person; or
(iii) is living away from the person's parental home because
of medical condition
$7,841.60 $5,324.80 $301.60 $204.80
3. Not member of a couple and person:
(a) has turned 18; and
(b) is living at a home of parent or parents
$7,841.60 $3,876.60 $301.60 $149.10
4. Not member of a couple and person:
(a) has turned 18; and
(b) is not living at a home of parent or parents
$7,841.60 $5,889.00 $301.60 $226.50
5. Partnered (partner getting neither pension nor benefit) and
person has not turned 18
$6,539.00 $5,324.80 $251.50 $204.80
6. Partnered (partner getting neither pension nor benefit) and
person has turned 18
$6,539.00 $5,889.00 $251.50 $226.50
7. Partnered (partner getting pension or benefit) and person
has not turned 18
$6,539.00 $5,324.80 $251.50 $204.80
8. Partnered (partner getting pension or benefit) and person
has turned 18
$6,539.00 $5,889.00 $251.50 $226.50
9. Member of illness separated couple and person has not turned 18
$7,841.60 $5,324.80 $301.60 $204.80
10. Member of illness separated couple and person has turned 18
$7,841.60 $5,889.00 $301.60 $226.50
Note 1: for "member of a couple", "partnered (partner getting neither pension nor benefit)", "partnered (partner getting pension or benefit)" and "illness separated couple" see section 4.
Note 2: for "dependent child", "homeless person" and "independent young person" see section 5.
Note 3: for "living away from the person's parental home" see subsection 23 (4D).
Note 4: the rates in column 3A are adjusted 6 monthly in line with CPI changes (see section 1198A).
Note 5: the rates in column 3B are adjusted annually in line with CPI changes (see section 1198B).
"MODULE C - YOUTH DISABILITY SUPPLEMENT
Youth disability supplement
"1066A-C1. An amount by way of youth disability supplement is to be added to a person's rate. The rate of youth disability supplement is $1,557.40 per year ($59.90 per fortnight).
Note: the rate of youth disability supplement is adjusted annually in line with CPI increases (see section 1198C).
"MODULE D - ADDITIONAL AMOUNTS FOR DEPENDENT CHILDREN
Additional amounts for dependent children
"1066A-D1. This is how to work out the amount per year to be added to a
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person's maximum basic rate for dependent children:
Method statement
Step 1. Work out the amount of the dependent child add-on (if any) for each dependent child of the person using points 1066A-D3 to 1066A-D6.
Step 2. Work out the amount per year of the person's guardian allowance (if any) using points 1066A-D7 to 1066A-D9.
Step 3. Add up all of the amounts obtained in Steps 1 and 2: the result is called the DC total and is the amount to be added to the person's maximum basic rate under this Module.
Note 1: a dependent child add-on may not apply to a dependent child if reasonable action has not been taken to obtain maintenance in respect of the child (see point 1066A-D4), the child is covered by the Veterans' Entitlements Act (see point 1066A-D5) or is a prescribed student child (see point 1066A-D6).
Note 2: guardian allowance is a single amount per year for parents who are not members of a couple or who are members of illness separated couples.
Children of a couple
"1066A-D2. If either or both members of a couple have dependent children, this is how the children are taken into account for the purposes of this Module:
(a) a dependent child of the man is to be taken into account as a dependent child of the woman and not of the man unless:
(i) the woman is not receiving a social security pension; or
(ii) the couple is an illness separated couple because of the
illness or infirmity of the woman; and
(b) a dependent child of the woman is to be taken into account as a dependent child of the man and not of the woman if:
(i) the woman is not receiving a social security pension; or
(ii) the couple is an illness separated couple because of the
illness or infirmity of the woman.
Note 1: the following Table summarises the rules established by this point: work out which column applies to the man's payment entitlements (if any); work out the item that applies to the woman's payment entitlements (if any); find the box in that column that corresponds to that item; if the box contains the word "woman", the dependent children are allocated to the woman;
if the box contains the word "man", the dependent children are allocated to the man:

ALLOCATION OF DEPENDENT CHILDREN TABLE
column 1 column 2 column 3
man
item woman column 3A column 3B column 3C
social social
security security
pension pension
(illness
separation) nothing
1. social security
pension woman woman woman
2. social security
pension
(illness
separation) man - woman
3. nothing man man -
social security pension = the person is receiving a social
security pension and the couple
is not an illness separated
couple because of the
person's illness or infirmity.
social security pension
(illness separation) = the person is receiving a social
security pension and the
couple is an illness separated couple
because of the person's
illness or infirmity.
nothing = the person is not receiving a social security
pension (but may be receiving a
social security benefit or a
service pension).
Note 2: if the woman is receiving a social security pension and the man is receiving an age service pension or an invalid service pension, the Veterans' Entitlements Act will allocate the dependent children to the man; the woman, although allocated the dependent children under point 1066A-D2, will not receive additional amounts for the children because of point 1066A-D5.
Note 3: if one partner is receiving a social security pension and the other is receiving a social security benefit, the Benefit Rate Calculators operate to deny the social security benefit recipient from receiving anything for the dependent children (see point 1067-E3 of Benefit Rate Calculator A and point 1068-E3 of Benefit Rate Calculator B).
Dependent child add-ons
"1066A-D3. If a person has a dependent child, there is, subject to points

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1066A-D4, 1066A-D5 and 1066A-D6, a dependent child add-on for the child. The amount of the add-on depends on the child's age and is worked out using Table D.
TABLE D
ADD-ON FOR DEPENDENT CHILD
column 1 column 2 column 3 column 4
item child's age rate per rate per
year fortnight
1. Under 13 $1,378.00 $53.00
2. 13 or over
but under 16 $2,009.80 $77.30
3. 16 or over $884.00 $34.00
Note 1: the item 1 rate is adjusted annually so that the combined family allowance and additional pension amounts for children covered by this item do not fall below 15% of the combined pensioner couple maximum basic rate (see subsections 1200 (1) and (2)).
Note 2: the item 2 rate is adjusted annually so that the combined family allowance and additional pension amounts for children covered by this item do not fall below 20% of the combined pensioner couple maximum basic rate (see subsections 1200 (3) and (4)).
Note 3: the item 3 rate is not indexed.
Failure to reasonably pursue maintenance claim
"1066A-D4. If:
(a) a person is entitled to claim maintenance from someone else for a dependent child of the person; and
(b) the Secretary considers that it is reasonable that the person should have taken action to obtain the maintenance; and
(c) the person has not taken action that the Secretary considers reasonable to obtain the maintenance;
there is no dependent child add-on for the dependent child.
No add-on for child covered by Veterans' Entitlements Act
"1066A-D5. There is no dependent child add-on for a dependent child if the maximum rate of someone's service pension is increased because of the child under the following provisions of the VEA:
(a) Service Pension Rate Calculator Where There Are Dependent Children (point 42-C3);
(b) Service Pension Rate Calculator For Blinded Veterans (point 43-C3).
No add-on for prescribed student children
"1066A-D6. Once a dependent child of a person turns 16, there is no dependent child add-on for the child if the child is a prescribed student child.
Note 1: for "prescribed student child" and "dependent child" see section 5. Note 2: even though no child add-on applies to a particular dependent child, the child:
Note 2: (a) may attract guardian allowance under points 1066A-D7 to 1066A-D9; and Note 2: (b) will attract additional free area under point 1066A-F3 for the purposes of the ordinary income test.
Guardian allowance
"1066A-D7. Subject to point 1066A-D8, a person who has a dependent child or dependent children is to have a single amount per year by way of guardian allowance if:
(a) the person is not a member of a couple; or
(b) the person is a member of an illness separated couple.
No guardian allowance in respect of certain dependent children who have turned 18
"1066A-D8. Once a dependent child of a person turns 18, the child is not to be taken into account for the purposes of point 1066A-D7 unless:
(a) the child is a student child but not a prescribed student child; or
(b) the person receives child disability allowance in respect of the child.
Rate of guardian allowance
"1066A-D9. The rate of guardian allowance is $722.80 a year ($27.80 a fortnight).
Note: the rate of guardian allowance is indexed annually in line with CPI increases (see sections 1191 to 1194).
"MODULE EA - RENT ASSISTANCE (UNDER 18)
Application
"1066A-EA1. This Module applies to the disability support pension of a person who has not turned 18 and is not permanently blind.
Rent assistance
"1066A-EA2. Subject to points 1066A-EA3 and 1066A-EA4, an amount to help cover the cost of rent is to be added to the maximum basic rate of:
(a) a member of a couple; or
(b) a person who has a pension increase child; or
(c) a person who is in disability accommodation;
if:
(d) the person is not an ineligible homeowner; and
(e) the person pays, or is liable to pay, rent (other than Government rent); and
(f) the rent is payable at a rate of more than $1,300 per year; and

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(g) the person is in Australia.
Note 1: for "pension increase child" see subsection 5 (15).
Note 2: for "in disability accommodation" see subsection 23 (4C).
Note 3: for "rent", "Government rent" and "ineligible homeowner" see section 13.
No rent assistance if partner getting incentive allowance
"1066A-EA3. If the person is a member of a couple and the person's partner is living with the person in their home, an amount is not to be added to the person's maximum basic rate under point 1066A-EA2 if the person's partner is receiving incentive allowance.
Note: for "incentive allowance" see Module J of Pension Rate Calculator A and Module F of Pension Rate Calculator B.
Rent assistance waiting period
"1066A-EA4. Subject to point 1066A-EA5, no amount is to be added to a person's maximum basic rate under point 1066A-EA2 unless the person has a current accumulated rent assistance waiting period credit of at least 26 weeks.
Note: for "current accumulated rent assistance waiting period credit" see points 1066A-EA7 and 1066A-EA9.
Some people do not have to serve rent assistance waiting period
"1066A-EA5. A person does not have to satisfy point 1066A-EA4 if:
(a) the person has a pension increase child; or
(b) the person is in disability accommodation and paying rent; or
(c) the person was, immediately before becoming qualified for the disability support pension, receiving:
(i) a social security or service pension or a social
security benefit; and
(ii) an amount by way of:
(A) rent assistance; or
(B) incentive allowance.
Note 1: for "pension increase child" see subsection 5 (15).
Note 2: for "in disability accommodation" see subsection 23 (4C).

Serving the rent assistance waiting period
"1066A-EA6. A person acquires an accumulated rent assistance waiting period credit by accumulating 26 weeks of eligible rent assistance waiting periods.
Accumulated eligible rent assistance waiting periods
"1066A-EA7. For the purposes of point 1066A-EA4, a person is to be taken to have accumulated 26 weeks of eligible rent assistance waiting periods if:
(a) the person has an eligible waiting period that is a continuous period of 26 weeks; or
(b) the person has eligible waiting periods that together form a continuous period of 26 weeks; or
(c) the person has eligible waiting periods that add up to 26 weeks and none of the eligible waiting periods start more than 4 weeks after the end of the immediately preceding waiting period.
Eligible rent assistance waiting period
"1066A-EA8. A period is an eligible waiting period for a person if during the whole of the period the person:
(a) is receiving a social security or service pension or a social security benefit; or
(b) would, but for the application of an ordinary income test or maintenance income test or assets test, be receiving a social security benefit; or
(c) is receiving payments as a trainee in full-time training under a program included in the programs known as Labour Force Programs; or
(d) is in continuous full-time training under a program included in the programs known as Labour Force Programs and is receiving payments by way of remuneration in respect of that training; or
(e) is receiving payments under the Adult Migrant Education Program; or
(f) is in gaol.
Note: for "in gaol" see subsection 23 (5).
Credit ceases to be current in some circumstances
"1066A-EA9. A person's accumulated rent assistance credit ceases to be current at a particular time if the person's last eligible rent assistance waiting period ended more than 4 weeks before that time.
Factors affecting rate of rent assistance
"1066A-EA10. The rate of rent assistance depends on:
(a) the annual rent paid or payable by the person; and
(b) the number of pension increase children in relation to the person; and
(c) whether or not the person has a partner who has a rent increased pension; and
(d) whether or not the person is in disability accommodation. Note: for "in disability accommodation" see subsection 23 (4C). Partner with rent increased pension
"1066A-EA11. A person has a partner with a rent increased pension, for the purposes of this Module, if:
(a) the partner is living with the person in their home; and
(b) the partner is in receipt of a social security or service pension; and
(c) the rate of the pension is increased to take account of rent paid or payable by the person.

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Note: for the treatment of rent paid by a member of a couple see point 1066A-EA14.
Rate of rent assistance
"1066A-EA12. The rate of rent assistance per year is worked out using Table EA. Work out the person's family situation and calculate Rate A for the person using the corresponding formula in column 3. This will be the person's rate of rent assistance but only up to the person's maximum rent assistance rate. The person's maximum rent assistance rate is Rate B for the person worked out using column 4 of the Table.
TABLE EA
RATE OF RENT ASSISTANCE
column 1 column 2 column 3 column 4
Rate B
item Rate A column column column
family 4A 4B 4C
situation No 1 or 2 3 or more
pension pension pension
increase increase increase
children children children
1. Not member of a couple and not in disability accommodation
Annual rent - $1,300
2
Nil $1,882.40 $2,150.20
2. Not member of a couple and in disability accommodation
Annual rent - $1,300
2
$1,612.00 $1,882.40 $2,150.20
3. Partnered - partner does not have rent increased pension
Annual rent - $1,300
2
$1,612.00 $1,882.40 $2,150.20
4. Partnered - partner has rent increased pension
Annual rent - $1,300
4
$806.00 $941.20 $1,075.10
Note 1: for "member of a couple" and "partnered" see section 4.
Note 2: for "partner with a rent increase pension" see point 1066A-E11.
Note 3: for "in disability accommodation" see subsection 23 (4C).
Note 4: the Rate B amounts are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Annual rent
"1066A-EA13. Annual rent is the annual rent paid or payable by the person whose rate of pension is being calculated.
Rent paid by a member of a couple
"1066A-EA14. If a person is a member of a couple and the person's partner is living with the person in their home, any rent that the person's partner pays or is liable to pay in respect of the home is to be treated as paid or payable by the person.
Note: for "member of a couple" see section 4.
Rent paid by a member of an illness separated couple
"1066A-EA15. If a person is a member of an illness separated couple, any rent that the person's partner pays or is liable to pay in respect of the premises or lodgings occupied by the person is to be treated as paid or payable by the person.
Note: for "illness separated couple" see section 4.
"MODULE EB - RENT ASSISTANCE (18 AND OVER)
Application
"1066A-EB1. This module applies to the disability support pension of a person who has turned 18 and is not permanently blind.
Rent assistance
"1066A-EB2. Subject to points 1066A-EB4 and 1066A-EB5, an amount to help cover the cost of rent is to be added to the maximum basic rate of:
(a) a member of a couple; or
(b) a person who has a pension increase child; or
(c) a person who is living permanently or indefinitely away from person's parental home; or
(d) a person in disability accommodation;
if:
(e) the person is not an ineligible homeowner; and
(f) the person pays, or is liable to pay, rent (other than Government rent); and
(g) the rent is payable at a rate of more than $1,300 per year; and
(h) the person is in Australia.
Note 1: for "pension increase child" see subsection 5 (15).
Note 2: for "rent", "Government rent" and "ineligible homeowner" see section 13.
Note 3: for "living away from parental home" see subsection 23 (4D).
Note 4: for "in disability accommodation" see subsection 23 (4C).
Parent
"1066A-EB3. For the purposes of point 1066A-EB2 a step-parent or guardian is
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to be taken to be a parent.
Note: "parent", when used in this Act, does not normally include a step-parent or guardian (see subsection 5 (1)).
No rent assistance if partner getting incentive allowance
"1066A-EB4. If the person is a member of a couple and the person's partner is living with the person in their home, an amount is not to be added to the person's maximum basic rate under point 1066A-EB2 if the person's partner is receiving incentive allowance.
Rent assistance waiting period
"1066A-EB5. Subject to point 1066A-EB6, no amount is to be added to a person's maximum basic rate under point 1066A-EB2 unless the person has a current accumulated rent assistance waiting period credit of at least 26 weeks.
Some people do not have to serve rent assistance waiting period
"1066A-EB6. A person does not have to satisfy point 1066A-EB5 if:
(a) the person has a pension increase child; or
(b) the person is in disability accommodation and paying rent; or
(c) the person was, immediately before becoming qualified for the disability support pension receiving:
(i) a social security or service pension or a social security
benefit; and
(ii) an amount by way of:
(A) rent assistance; or
(B) incentive allowance; or
(d) the person was previously receiving a social security benefit whose rate included an amount by way of rent assistance and:
(i) the person ceased to receive that other social security
benefit; and
(ii) the person ceased to receive that other social security
benefit otherwise than because of the operation of an ordinary income, maintenance income or assets test; and
(iii) the person ceased to receive that other social security
benefit not more than 4 weeks before commencing to receive the disability support pension whose rate is being worked out.
Serving the rent assistance waiting period
"1066A-EB7. A person acquires an accumulated rent assistance waiting period credit by accumulating 26 weeks of eligible rent assistance waiting periods.
Accumulated eligible rent assistance waiting periods
"1066A-EB8. For the purposes of point 1066A-EB5, a person is to be taken to have accumulated 26 weeks of eligible rent assistance waiting periods if:
(a) the person has an eligible waiting period that is a continuous period of 26 weeks; or
(b) the person has eligible waiting periods that together form a continuous period of 26 weeks; or
(c) the person has eligible waiting periods that add up to 26 weeks and none of the eligible waiting periods start more than 4 weeks after the end of the immediately preceding waiting period.
Eligible rent assistance waiting period
"1066A-EB9. A period is an eligible waiting period for a person if during the whole of the period the person:
(a) is receiving a social security or service pension or a social security benefit; or
(b) would, but for the application of an ordinary income, maintenance income, or assets test, be receiving a social security benefit; or
(c) is receiving payments as a trainee in full-time training under a program included in the programs known as Labour Force Programs; or
(d) is in continuous full-time training under a program included in the programs known as Labour Force Programs and is receiving payments by way of remuneration in respect of that training; or
(e) is receiving payments under the Adult Migrant Education Program; or
(f) is in gaol.
Credit ceases to be current in some circumstances
"1066A-EB10. A person's accumulated rent assistance credit ceases to be current at a particular time if the person's last eligible rent assistance waiting period ended more than 4 weeks before that time.
Factors affecting rate of rent assistance
"1066A-EB11. The rate of rent assistance depends on:
(a) the annual rent paid or payable by the person; and
(b) the number of pension increase children in relation to the person; and
(c) whether or not the person has a partner who has a rent increased pension; and
(d) whether or not the person is in disability accommodation; and
(e) whether the person is living permanently or indefinitely away from the person's parental home.
Note 1: for "in disability accommodation" see subsection 23 (4C). Note 2: for "living away from parental home" see subsection 23 (4D).
Partner with rent increased pension
"1066A-EB12. A person has a partner with a rent increased pension, for the purposes of this Module if:
(a) the partner is living with the person in their home; and

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(b) the partner is in receipt of a social security or service pension; and
(c) the rate of the pension is increased to take account of rent paid or payable by the person.
Rate of rent assistance
"1066A-EB13. The rate of rent assistance per year is worked out using Table EB. Work out the person's family situation and calculate Rate A for the person using the corresponding formula in column 3. This will be the person's rate of rent assistance but only up to the person's maximum rent assistance rate. The person's maximum rent assistance rate is Rate B for the person worked out using column 4 of the Table.
TABLE EB
RATE OF RENT ASSISTANCE
column 1 column 2 column 3 column 4
Rate B
item family Rate A column column column
situation 4A 4B 4C
No 1 or 2 3 or more
pension pension pension
increase increase increase
children children children
1. Not member of a couple and person:
(a) is not in disability accommodation; and
(b) is not living permanently or indefinitely away from the
person's parental home
Annual rent - $1,300
2
Nil $1,882.40 $2,150.20
2. Not member of a couple and in disability accommodation
Annual rent - $1,300
2
$1,612.00 $1,882.40 $2,150.20
3. Not member of a couple and living permanently or
indefinitely away from the person's parental home
Annual rent - $1,300
2
$1,612.00 $1,882.40 $2,150.20
4. Partnered - partner does not have rent increased pension
Annual rent - $1,300
2
$1,612.00 $1,882.40 $2,150.20
5. Partnered - partner has rent increased pension
Annual rent - $1,040
4
$806.00 $914.20 $1,075.10
Note 1: for "member of a couple" and "partnered" see section 4.
Note 2: for "partner with a rent increase pension" see point 1066A-EB12. Note 3: for "in disability accommodation" see subsection 25 (4C).
Note 4: for "living away from parental home" see subsection 23 (4D).
Note 5: the Rate B amounts are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Annual rent
"1066A-EB14. Annual rent is the annual rent paid or payable by the person whose disability support pension rate is being calculated.
Rent paid by a member of a couple
"1066A-EB15. If a person is a member of a couple and the person's partner is living with the person in their home, any rent that the person's partner pays or is liable to pay in respect of the home is to be treated as paid or payable by the person.

Note: for "member of a couple" see section 4.
Rent paid by a member of an illness separated couple
"1066A-EB16. If a person is a member of an illness separated couple, any rent that the person's partner pays or is liable to pay in respect of the premises or lodgings occupied by the person is to be treated as paid or payable by the person.
Note: for "illness separated couple" see section 4.
"MODULE F - ORDINARY INCOME TEST
Effect of income on maximum payment rate
"1066A-F1. This is how to work out the effect of a person's ordinary income on the person's maximum payment rate:
Method statement
Step 1. Work out the amount of the person's ordinary income on a yearly basis.
Note: for the treatment of the ordinary income of
members of a couple see point 1066A-F2.
Step 2. Work out the person's ordinary income free area (see points 1066A-F3 to 1066A-F8 below).
Note: a person's ordinary income free area is the
amount of ordinary income that the person can have without any deduction being made from the person's maximum payment.
Step 3. Work out whether the person's ordinary income exceeds the person's

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ordinary income free area.
Step 4. If the person's ordinary income does not exceed the person's ordinary income free area, the person's ordinary income excess is nil.
Step 5. If the person's ordinary income exceeds the person's ordinary income free area, the person's ordinary income excess is the person's ordinary income less the person's ordinary income free area.
Step 6. Use the person's ordinary income excess to work out the person's reduction for ordinary income using points 1066A-F9 to 1066A-F11 below.
Note 1: see point 1066A-A1 (Steps 6 to 9) for the significance of the person's reduction for ordinary income.
Note 2: the application of the ordinary income test is affected by provisions concerning:
. investment income (sections 1073 to 1099);
. disposal of income (sections 1106 to 1112);
. earnings credit (sections 1113 to 1115).
Ordinary incomes of members of couples
"1066A-F2. If a person is a member of a couple, add the couple's ordinary incomes (on a yearly basis) and divide by 2 to work out the amount of the person's ordinary income for the purposes of this Module.
How to calculate a person's ordinary income free area
"1066A-F3. A person's ordinary income free area is worked out using Table F-1. Work out which family situation in Table F-1 applies to the person. The ordinary income free area is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each dependent child of the person.
TABLE F-1
ORDINARY INCOME FREE AREA
column 1 column 2 column 3 column 4 column 5 column 6
item category of basic basic additional additional
person free free free free
area area area area
per per per per
year fortnight year fortnight
1. Not member of a couple
$2,080 $80 $624 $24
2. Partnered (partner getting neither pension nor benefit)
$1,820 $70 $624 $24
3. Partnered - (partner getting benefit)
$1,820 $70 $624 $24
4. Partnered - (partner getting pension)
$1,820 $70 $312 $12
Note 1: for "member of a couple", "partnered (partner getting neither pension nor benefit)", "partnered (partner getting benefit)" and "partnered (partner getting pension)" see section 4.
Note 2: for "dependent child" see section 5.
Note 3: items 2, 3 and 4 of Table F-1 apply to members of illness separated couples.
Note 4: the basic free area limits are indexed annually in line with CPI increases (see sections 1191 to 1194).

No additional free area for certain prescribed student children
"1066A-F4. No additional free area is to be added for a dependent child who:
(a) has turned 18; and
(b) is a prescribed student child;
unless the person whose rate is being calculated, or the person's partner, receives child disability allowance for the child.
Reduction of additional free area for dependent children
"1066A-F5. The additional free area for a dependent child of a person to whom item 1, 2 or 3 of Table F-1 applies is reduced by the annual amount of any payment received by the person or the person's partner for or in respect of that particular child.
The payments referred to in point 1064-F7 do not result in a reduction.
"1066A-F6. The additional free area for a dependent child of a person to whom item 4 of Table F-1 applies is reduced by 50% of the annual amount of any payment received by the person or the person's partner for or in respect of that particular child.
The payments referred to in point 1066A-F7 do not result in a reduction.
"1066A-F7. No reduction is to be made under point 1066A-F5 or 1066A-F6 for a payment:
(a) under this Act; or
(b) of maintenance income; or
(c) under the VEA; or
(d) under an Aboriginal study assistance scheme or the AUSTUDY scheme; or
(e) under the Assistance for Isolated Children Scheme; or
(f) that is similar to family allowance and that prevents a family allowance from being paid under section 837.
Note: for "Aboriginal study assistance scheme" see subsection 23 (1).
"1066A-F8. Examples of the kinds of payments that result in a reduction under points 1066A-F5 and 1066A-F6 are:
(a) amounts received from State authorities or benevolent societies in

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respect of the "boarding out" of the child; or
(b) amounts of superannuation or compensation paid in respect of the child; or
(c) amounts (other than amounts covered by point 1066A-F7 above) paid in respect of the child under educational schemes; or
(d) a family allowance or similar payment made by another country where this does not preclude payment of Australian family allowance; or
(e) foster care allowance payments made by a State welfare authority.
ORDINARY INCOME FREE AREA EXAMPLES
Example 1:
Facts
Wayne and Mary are members of a couple. They both receive pensions. They have 2 dependent children - Max and Angela.
Angela is being fostered by Wayne and Mary and they receive $15 per week from the NSW Government by way of a foster care payment in respect of Angela.
Application
The foster care payment calculated on a yearly basis is $15 x 52 = $780. As point 1066A-F6 applies to Wayne and Mary (they are covered by item 4 of Table F-1 in point 1066A-F3), the reduction is at the 50% rate (i.e. $390 per year). The possible additional amount for Angela ($312) is therefore reduced to nil.
The amount that Wayne gets for Max is not subject to reduction and is $312 per year. Mary gets $312 for Max as well.
Wayne's ordinary free area limit is $1,820 + $312 = $2,132.
Mary's ordinary free area limit is the same.

Example 2:
Facts
The same facts as in Example 1 except that Wayne and Mary receive only $10 a week ($520 a year) foster care payment for Angela.
Application
The amount that each person would be allowed for Angela is:
$312 - $520 = $312 - $260 = $52
2
Then each would have an ordinary free area limit of
$1,820 + $312 + $52 = $2,184.
Pension reduction for ordinary income in excess of ordinary income free area
"1066A-F9. A person's reduction for ordinary income is worked out using Table F-2. Work out which family situation applies to the person. The reduction for ordinary income is the amount per year worked out using the corresponding calculation in column 3.
TABLE F-2
REDUCTION FOR ORDINARY INCOME
column 1 column 2 column 3
item person's family reduction
situation
1. Not member of a couple ordinary income excess
2
2. Partnered (partner getting neither pension nor benefit)
ordinary income excess
2
3. Partnered (partner getting benefit)
ordinary income excess
2
4. Partnered (partner getting pension) neither person nor
partner has additional amounts for dependent children
ordinary income excess
2
5. Partnered (partner getting pension) person has additional
amounts for dependent children
DC excess + remaining excess
2
6. Partnered (partner getting pension) partner has additional
amounts for dependent children
remaining excess
2
Note 1: for "member of a couple", "partnered (partner getting neither pension not benefit)", "partnered (partner getting benefit)" and "partnered (partner getting pension)" see section 4.
Note 2: for "additional amounts for dependent children" see subsection 23 (1).
Note 3: for "ordinary income excess" see point 1066A-F10 below.
Note 4: for "DC excess" and "remaining excess" see point 1066A-F11 below.
Note 5: for background information on the special treatment given to people covered by items 5 and 6 of Table F-2 see points 1066A-A3 and 1066A-A4 above.
Ordinary income excess
"1066A-F10. A person's ordinary income excess is the person's ordinary income less the person's ordinary income free area.
Working out DC excess and remaining excess
"1066A-F11. For the purposes of Table F-2, if a member of a couple (in this point called the "DC partner") has additional amounts for dependent children:
(a) the additional amounts for dependent children total (the "DC total") is

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the sum of the amounts the DC partner has by way of additional amounts for dependent children; and
(b) if the DC partner's ordinary income excess (see point 1066A-F10 above) is less than or equal to the DC total:
(i) the DC excess is the DC partner's ordinary income excess;
and
(ii) the remaining excess is nil; and
(c) if the DC partner's ordinary income excess (see point 1066A-F10 above) is greater than the DC total:
(i) the DC excess is the DC total; and
(ii) the remaining excess is the DC partner's ordinary income
excess less the DC total.
Note: for "additional amount for dependent children" see subsection 23 (1).
"MODULE G - MAINTENANCE INCOME TEST
Effect of maintenance income on maximum payment rate
"1066A-G1. This is how to work out the effect of a person's maintenance income on the person's maximum payment rate:
Method statement
Step 1. Work out the amount of the person's maintenance income on a yearly basis.
Note 1: for the treatment of the maintenance income of
a member of a couple see points 1066A-G3 or 1066A-G4.
Note 2: "special maintenance income" (see subsection 10
(1)) can in some circumstances be disregarded under points 1066A-G5 to 1066A-G6.
Step 2. Work out the person's maintenance income free area (see points 1066A-G10 and 1066A-G11 below).
Note: a person's maintenance income free area is the
amount of maintenance income that the person can have without any deduction being made from the person's maximum payment rate.
Step 3. Work out whether the person's maintenance income exceeds the person's maintenance income free area.
Step 4. If the person's maintenance income does not exceed the person's maintenance income free area, the person's maintenance income excess is nil.
Step 5. If the person's maintenance income exceeds the person's maintenance income free area, the person's maintenance income excess is the person's maintenance income less the person's maintenance income free area.
Step 6. Use the person's maintenance income excess to work out the person's reduction for maintenance income using points 1066A-G12 to 1066A-G14 below.
Note 1: see point 1066A-A1 (Steps 6 to 9) for the significance of the person's reduction for maintenance income.
Note 2: the application of the maintenance income test is affected by provisions concerning:
. apportionment of capitalised maintenance income (section 1116)
. non-cash housing maintenance - value of substitute for family home (section 1117).
Dependent child
"1066A-G2. In working out whether a young person is a dependent child for the purposes of this Module, disregard subsection 5 (3).

Maintenance incomes of members of couples
"1066A-G3. If the person is a member of a couple, add the couple's maintenance incomes (on a yearly basis) and divide by 2 to work out the amount of the person's maintenance income for the purposes of this Module.
"1066A-G4. Point 1066A-G3 does not apply to a person if the person's partner:
(a) is not in receipt of:
(i) a social security or service pension; or
(ii) a social security benefit; and
(b) does not have maintenance income.

Special maintenance income
"1066A-G5. Subject to points 1066A-G8 and 1066A-G9, if a person has special maintenance income in excess of the ceiling applicable to the person, the excess is disregarded for the purposes of this Module.
Note: see subsection 10 (1) for "special maintenance income".
"1066A-G6. If a person:
(a) is a member of a couple; and
(b) has a dependent child; and
(c) the person's partner is in receipt of a social security or service pension;
the ceiling applicable to the person is the amount equal to the person's maintenance income free area plus:
combined maximum rates
4
where:
"combined maximum rates" is the sum of:
(a) the maximum payment rate of pension applicable to the person; and
(b) the maximum payment rate of social security or service pension applicable to the person's partner; and
(c) any incentive allowance payable to the person's partner.
Note: "social security pension" includes a sheltered employment or

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rehabilitation allowance.
"1066A-G7. If a person is not covered by point 1066A-G6, the ceiling applicable to the person is the amount equal to the person's maintenance income free area plus:
person's maximum payment rate
2
Special maintenance income not disregarded where child support available
"1066A-G8. No amount is to be disregarded under point 1066A-G5 if:
(a) child support is not payable under the Child Support (Assessment) Act 1989 to the person for a child; and
(b) the person is entitled to make an application for assessment of child support under Part V of that Act for the child payable by another person; and

(c) the person has:
(i) neither:
(A) properly made such an application; nor
(B) properly made an application under Part VI of that Act
for acceptance of an agreement in relation to the child; or
(ii) the person has properly made an application of either
kind, but:
(A) the person has subsequently withdrawn the application; or
(B) after child support has become payable by the other
person under that Act for the child, the person has ended the entitlement to child support.
"1066A-G9. No amount is to be disregarded under point 1066A-G5 if:
(a) child support is payable under the Child Support (Assessment) Act 1989 to the person for a child; and
(b) the person is entitled to make an application under section 128 of that Act; and
(c) an application by the person under that section is not in force.

How to calculate a person's maintenance income free area
"1066A-G10. A person's maintenance income free area is worked out using Table G-1. Work out which family situation in Table G-1 applies to the person. The maintenance income free area is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each dependent child after the first.
TABLE G-1
MAINTENANCE INCOME FREE AREA
column 1 column 2 column 3 column 4 column 5 column 6
item person's family basic basic additional additional
situation free free free free
area area area area
per per per per
year fortnight year fortnight
1. Not member of a couple
$780.00 $30.00 $260.00 $10.00
2. Partnered (partner getting neither pension nor benefit
$780.00 $30.00 $260.00 $10.00
3. Partnered (partner getting pension or benefit) - both the
person and the partner are receiving maintenance income
$780.00 $30.00 $130.00 $5.00
4. Partnered (partner getting pension or benefit) - either the
person or the partner (but not both) are receiving maintenance income
$390.00 $15.00 $130.00 $5.00
Note 1: for "member of a couple", "partnered (partner getting neither pension nor benefit)", and "partnered (partner getting pension or benefit)" see section 4.
Note 2: for "dependent child" see section 5.
Note 3: items 2, 3 and 4 of Table G-1 apply to members of illness separated couples.
Note 4: the amounts are indexed in line with CPI increases (see sections 1191 to 1194).
"1066A-G11. In determining whether or not item 3 or 4 of Table G-1 applies to a person, point 1066A-G3 is to be disregarded. This has the effect of taking into account only maintenance income that the person actually receives rather than any income that the person is to be taken to receive because of maintenance income received by the person's partner.

Pension reduction for maintenance income in excess of maintenance income free area
"1066A-G12. A person's reduction for maintenance income is worked out using Table G-2. Work out which family situation applies to the person. The reduction for maintenance income is the amount per year worked out using the corresponding calculation in column 3.
TABLE G-2
REDUCTION FOR MAINTENANCE INCOME
column 1 column 2 column 3
item person's family reduction
situation
1. Not member of a couple
maintenance income excess
2

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2. Partnered (partner getting neither pension nor benefit)
maintenance income excess
2
3. Partnered (partner getting benefit)
maintenance income excess
2
4. Partnered (partner getting pension) neither person nor
partner has additional amounts for dependent children
maintenance income excess
2
5. Partnered (partner getting pension) person has additional
amounts for dependent children
DC excess + remaining excess
2
6. Partnered (partner getting pension) partner has additional
amounts for dependent children
remaining excess
2
Note 1: for "member of a couple", "partnered (partner getting neither pension nor benefit)", "partnered (partner getting benefit)" and "partnered (partner getting pension)" see section 4.
Note 2: for "additional amounts for dependent children" see subsection 23 (1).
Note 3: for "maintenance income excess" see point 1066A-G13 below.
Note 4: for "DC excess" and "remaining excess" see point 1066A-G14 below.
Note 5: for background information on the special treatment given to people covered by items 5 and 6 of Table F-2 see points 1066A-A4 and 1066A-A5 above.

Maintenance income excess
"1066A-G13. A person's maintenance income excess is the person's maintenance income less the person's maintenance income free area.
Working out DC excess and remaining excess
"1066A-G14. For the purposes of Table G-2, if a member of a couple (in this point called the "DC partner") has additional amounts for dependent children:
(a) the additional amounts for dependent children total (the "DC total") is the sum of the amounts the DC partner has by way of additional amounts for dependent children; and
(b) if the DC partner's ordinary income excess (see point 1066A-F10 above) plus the DC partner's maintenance income excess (see point 1066A-G13 above) are less than or equal to the DC total:
(i) the DC excess is the DC partner's maintenance income
excess; and
(ii) the remaining excess is nil; and
(c) if:
(i) the DC partner's ordinary income excess (see point 1066A-
F10 above) plus the DC partner's maintenance income excess (see point 1066A-G13 above) is greater than the DC total; and
(ii) the DC partner's ordinary income excess is greater than
or equal to the DC total;
then:
(iii) the DC excess is nil; and
(iv) the remaining excess is the DC partner's maintenance
income excess; and
(d) if:
(i) the DC partner's ordinary income excess (see point
1066A-F10 above) plus the DC partner's maintenance income excess (see point 1066A-G13 above) is greater than the DC total; and
(ii) the DC partner's ordinary income excess is less than the
DC total;
then:
(iii) the DC excess is the DC total less the DC partner's ordinary income excess; and
(iv) the remaining excess is the DC partner's maintenance income excess less the DC excess.
Note: for "additional amount for dependent children" see subsection 23 (1).
"MODULE H - ASSETS TEST
Effect of assets on maximum payment rate
"1066A-H1. This is how to work out the effect of a person's assets on the person's maximum payment rate:
Method statement
Step 1. Work out the value of the person's assets.
Note 1: for the treatment of the assets of members of a
couple see point 1066A-H2.
Note 2: for the assets that are to be disregarded in
valuing a person's assets see section 1118.
Note 3: for the valuation of an asset that is subject
to a charge or encumbrance see section 1121.
Step 2. Work out the person's assets value limit (see point 1066A-H3 below).
Note: a person's assets value limit is the maximum
value of assets the person can have without affecting the person's pension rate.

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Step 3. Work out whether the value of the person's assets exceeds the person's assets value limit.
Step 4. If the value of the person's assets does not exceed the person's assets value limit, the person's assets excess is nil.
Step 5. If the value of the person's assets exceeds the person's assets value limit, the person's assets excess is the value of the person's assets less the person's assets value limit.
Step 6. Use the person's assets excess to work out the person's reduction for assets using points 1066A-H4 to 1066A-H7 below.

Note 1: see point 1066A-A1 Steps 10 and 11 for the significance of the person's reduction for assets.
Note 2: the application of the assets test is affected by provisions concerning:
. disposal of assets (sections 1123 to 1128);
. retirement villages (sections 1145 to 1157);
. financial hardship (sections 1129 and 1130);
. the pensions loans scheme (sections 1133 to 1144).
Value of assets of members of couples
"1066A-H2. For the purposes of this Module:
(a) the value of the assets of a member of a couple is to be taken to be 50% of the sum of:
(i) the value of the person's assets; and
(ii) the value of the person's partner's assets; and
(b) the value of the assets of a particular kind of a member of a couple is to be taken to be 50% of the sum of:
(i) the value of the person's assets of that kind; and
(ii) the value of the person's partner's assets of that kind.

Assets value limit
"1066A-H3. A person's assets value limit is worked out using Table H-1. Work out the person's family situation and home ownership situation. The assets value limit is the corresponding amount in column 3.
TABLE H-1
ASSETS VALUE LIMIT
column 1 column 2 column 3
item person's family assets value limit
situation
column 3A column 3B
either person neither person
or partner nor partner
homeowner homeowner
1. Not member of a couple
$110,750 $190,250
2. Partnered (partner getting neither pension nor benefit)
$78,750 $118,500
3. Partnered (partner getting pension or benefit)
$78,750 $118,500
Note 1: for "member of a couple", "partnered (partner getting neither pension nor benefit)" and "partnered (partner getting pension or benefit)" see section 4.
Note 2: for "homeowner" see section 11.
Note 3: items 2 and 3 apply to members of illness separated couples.
Note 4: the assets value limits are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194 and 1203).

Pension reduction for assets in excess of assets value limit
"1066A-H4. A person's reduction for assets is worked out using Table H-2. Work out which family situation applies to the person. The reduction for assets is the amount per year worked out using the corresponding calculation in column 3.
TABLE H-2
REDUCTION FOR ASSETS
col. 1 column 2 column 3
item person's family reduction
situation
1. Not member of a couple
(assets excess) x 26
250
2. Partnered (partner getting neither pension nor benefit)
(assets excess) x 26
250
3. Partnered (partner getting benefit)
(assets excess) x 26
250
4. Partnered (partner getting pension) neither person nor
partner has additional amounts for dependent children
(assets excess) x 26
250
5. Partnered (partner getting pension) person has additional
amounts for dependent children
(DC excess) x 52 + (remaining excess) x 26
250 250

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6. Partnered (partner getting pension) partner has additional
amounts for dependent children
(remaining excess) x 26
250
Note 1: for "member of a couple", "partnered (partner getting neither pension nor benefit)", "partnered (partner getting benefit)" and "partnered (partner getting pension)" see section 4.
Note 2: for "additional amount for dependent children" see subsection 23 (1).
Note 3: for "assets excess" see point 1066A-H5 below.
Note 4: for "DC excess" and "remaining excess" see point 1066A-H6 below.
Note 5: for background information on the special treatment given to people covered by items 5 and 6 of Table H-2 see points 1066A-A3 and 1066A-A4 above.

Assets excess
"1066A-H5. A person's assets excess is the value of the person's assets less the person's assets value limit.
Working out DC excess and remaining excess
"1066A-H6. For the purposes of Table H-2, if a member of a pensioner couple (in this point called the "DC partner") has additional amounts for dependent children:
(a) the additional amounts for dependent children total (the "DC total") is the sum of the amounts that the DC partner has by way of additional amounts for dependent children; and
(b) the assets equivalent of the DC total (the "DC assets total") is:
DC total x 250; and
52
(c) if the DC partner's assets excess (see point 1066A-H5 above) is less than or equal to the DC assets total:
(i) the DC excess is the assets excess; and
(ii) the remaining excess is nil; and
(d) if the DC partner's assets excess (see point 1066A-H5 above) is greater than the DC assets total:
(i) the DC excess is the DC assets total; and
(ii) the remaining excess is the assets excess less the DC
assets total.
Note: for "additional amount for dependent children" see subsection 23 (1).
"1066A-H7. In calculating a person's assets excess under point 1066A-H5 disregard any part of the excess that is not a multiple of $250.

"MODULE I - REMOTE AREA ALLOWANCE
Remote area allowance
"1066A-I1. An amount by way of remote area allowance is to be added to a person's rate of pension if:
(a) the person's usual place of residence is situated in the remote area; and
(b) the person is physically present in the remote area.
Note: for "remote area" and "physically present in the remote area" see section 14.

Rate of remote area allowance
"1066A-I2. The rate of remote area allowance payable to a person is worked out using Table I. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each pension or benefit increase child of the person.
TABLE I
REMOTE AREA ALLOWANCE
column 1 column 2 column 3 column 4 column 5 column 6
item person's family basic basic additional additional
situation allowance allowance allowance allowance
per per per year per
year fortnight fortnight
1. Not member of a couple
$364.00 $14.00 $182.00 $7.00
2. Partnered - partner receiving remote area allowance
$312.00 $12.00 $182.00 $7.00
3. Partnered - partner not receiving remote area allowance
$364.00 $14.00 $182.00 $7.00
4. Member of an illness separated or respite care couple
$364.00 $14.00 $182.00 $7.00
Note 1: for "member of a couple" and "partnered" see section 4.
Note 2: for "dependent child" see section 5.
Note 3: for "pension increase child" see subsection 5 (15).
Note 4: for "benefit increase child" see subsection 5 (16).

Dependent children must be physically present in Australia
"1066A-I3. Additional allowance is not payable for a pension or benefit increase child unless the child is physically present in Australia.
Additional remote area allowance for dependent children not available to both members of a pensioner couple
"1066A-I4. Additional allowance is not to be included in a person's pension rate for a pension increase child if:
(a) the person's partner's pension rate includes additional allowance for the child; and

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(b) the person's partner has a dependent child add-on for the child.
"PART 3.4B - PENSION RATE CALCULATOR E
Rate of disability support pension (people under 21 who are blind)
"1066B. (1) The rate of disability support pension of a person who has not turned 21 and is permanently blind is to be calculated in accordance with the Rate Calculator at the end of this section.
Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation.
"(2) A person's pension rate is not to exceed the rate at which a pension would be payable to that person if the person's rate were calculated using Pension Rate Calculator B at the end of section 1065.
"(3) If:
(a) a person who is permanently blind is a member of a couple; and
(b) the person's partner:
(i) is not receiving a social security or service pension;
and
(ii) is not receiving a social security benefit;
the rate of pension payable to the person who is permanently blind is not to exceed twice the rate at which a disability support pension would be payable to the person if the person's partner were receiving a pension or benefit of that kind.
"(4) Where:
(a) a person who is permanently blind is living with another person as the spouse of that other person on a genuine domestic basis although not legally married to that other person; and
(b) the other person is of the opposite sex; and
(c) that other person is under the age of consent applicable in the State or Territory in which the person is living;
the rate of pension payable to the person who is permanently blind is not to exceed the rate at which it would be payable to the person if the other person were the person's partner.
"PENSION RATE CALCULATOR E
"MODULE A - OVERALL RATE CALCULATION PROCESS
Method of calculating rate
"1066B-A1. The rate of pension is an annual rate (fortnightly amounts are provided for information only).
Method statement
Step 1. Work out the person's maximum basic rate using MODULE B below.
Step 2. Work out the amount per year for youth disability supplement using MODULE C below.
Step 3. Work out the amount per year (if any) for dependent children using MODULE D below.
Step 4. Work out the amount per year (if any) for rent using MODULE EA below for persons under 18 and MODULE EB below for persons who have turned 18.
Step 5. Add up the amounts obtained in Steps 1, 2, 3 and 4: the result is called the maximum payment rate.
Step 6. Add to the maximum payment rate any amount per year payable by way of remote area allowance (see MODULE F below).
Income test, maintenance income test and assets test generally not to apply
"1066B-A2. The pension is not subject to an income test (compare Module F of Pension Rate Calculator D), a maintenance income test (compare Module G of Pension rate Calculator D) or an assets test (compare Module H of Pension Rate Calculator D).
"MODULE B - MAXIMUM BASIC RATE
Maximum basic rate
"1066B-B1. A person's maximum basic rate is to be worked out using Table B. Work out the family situation and whether the person has a dependent child. The maximum basic rate is the corresponding amount in column 3 of the Table.
TABLE B
MAXIMUM BASIC RATES
column 1 column 2 column 3 column 4
rate per year rate per fortnight
person's family situation
column
3A column column column
person 3B 4A 4B
with person person person
dependent without with without
child dependent dependent dependent
child child child
1. Not member of a couple and person:
(a) has not turned 18; and
(b) is not a homeless person; and
(c) is not an independent young person; and
(d) is not living away from the person's parental home because
of medical condition
$7,841.60 $3,226.60 $301.60 $124.10
2. Not member of a couple and person:
(a) has not turned 18; and

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(b) is:
(i) a homeless person; or
(ii) an independent young person; or
(iii) is living away from the person's parental home because
of medical condition
$7,841.60 $5,324.80 $301.60 $204.80
3. Not member of a couple and person:
(a) has turned 18; and
(b) is living at a home of parent or parents
$7,841.60 $3,876.60 $301.60 $149.10
4. Not member of a couple and person:
(a) has turned 18; and
(b) is not living at a home of parent or parents
$7,841.60 $5,889.00 $301.60 $226.50
5. Partnered (partner getting neither pension nor benefit) and
person has not turned 18
$6,539.00 $5,324.80 $251.50 $204.80
6. Partnered (partner getting neither pension nor benefit) and
person has turned 18
$6,539.00 $5,889.00 $251.50 $226.50
7. Partnered (partner getting pension or benefit) and person
has not turned 18
$6,539.00 $5,324.80 $251.50 $204.80
8. Partnered (partner getting pension or benefit) and person
has turned 18
$6,539.00 $5,889.00 $251.50 $226.50
9. Member of illness separated couple and person has not turned 18
$7,841.60 $5,324.80 $301.60 $204.80
10. Member of illness separated couple and person has turned 18
$7,841.60 $5,889.00 $301.60 $226.50
Note 1: for "member of a couple", "partnered (partner getting neither pension nor benefit)", "partnered (partner getting pension or benefit)" and "illness separated couple" see section 4.
Note 2: for "dependent child", "homeless person" and "independent young person" see section 5.
Note 3: for "living away from the person's parental home" see subsection 23 (4D).
Note 4: the rates in column 3A are adjusted 6 monthly in line with CPI changes (see section 1198A).
Note 5: the rates in column 3B are adjusted annually in line with CPI changes (see section 1198B).
"MODULE C - YOUTH DISABILITY SUPPLEMENT
Youth disability supplement
"1066B-C1. An amount by way of youth disability supplement is to be added to a person's rate. The rate of youth disability supplement is $1,557.40 per year ($59.90 per fortnight).
Note: the rate of youth disability supplement is adjusted annually in line with CPI increases (see section 1198C).
"MODULE D - ADDITIONAL AMOUNTS FOR DEPENDENT CHILDREN
Children of a couple
"1066B-D1. If either or both members of a couple have dependent children, this is how the children are taken into account for the purposes of this Module:
(a) a dependent child of the man is to be taken into account as a dependent child of the woman and not of the man unless:
(i) the woman is not receiving a social security pension; or
(ii) the couple is an illness separated couple because of the
illness or infirmity of the woman; and
(b) a dependent child of the woman is to be taken into account as a dependent child of the man and not of the woman if:
(i) the woman is not receiving a social security pension; or
(ii) the couple is an illness separated couple because of the
illness or infirmity of the woman.
Note 1: the following Table summarises the rules established by this point: work out which column applies to the man's payment entitlements (if any); work out the item that applies to the woman's payment entitlements (if any); find the box in that column that corresponds to that item; if the box contains the word "woman" the dependent children are allocated to the woman;
if the box contains the word "man", the dependent children are allocated to the man:
ALLOCATION OF DEPENDENT CHILDREN TABLE
column 1 column 2 column 3
item woman man
column 3A column 3B
social security social security
pension pension
(illness
separation)
column 3C
nothing

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1. social security
pension
woman woman woman
2. social security
pension (illness
separation)
man - woman
3. nothing
man man -
social security pension = the person is receiving a social security
pension and the couple is not an illness
separated couple because of the
person's illness or infirmity
social security pension
(illness separation) = the person is receiving a social security
pension and the couple is an illness separated
couple because of the person's
illness or infirmity.
nothing = the person is not receiving a
social security pension (but may
be receiving a social security
benefit or a service pension).
Note 2: if the woman is receiving a social security pension and the man is receiving an age service pension or an invalid service pension, the Veterans' Entitlements Act will allocate the dependent children to the man; the woman, although allocated the dependent children under point 1066B-D1, will not receive additional amounts for the children because of point 1066B-D5.
Note 3: if one partner is receiving a social security pension and the other is receiving a social security benefit, the Benefit Rate Calculators operate to deny the social security benefit recipient from receiving anything for the dependent children (see point 1067-E3 of Benefit Rate Calculator A and point 1068-E3 of Benefit Rate Calculator B).
Additional amounts for dependent children
"1066B-D2. This is how to work out the amount per year to be added to a person's maximum basic rate for dependent children:
Method statement
Step 1. Work out which one of the amounts applicable to the person under point 1066B-D3 is the highest: the result is called the provisional add-on.
Step 2. Work out the amount that the person would receive under MODULE D of Pension Rate Calculator D if that Rate Calculator applied to the person: the result is called the notional income/assets tested add-on.
Note: this requires the application of the income and
assets tests in Pension Rate Calculator D (Modules F, G and H) and of section 1207 (order of reduction against components of the maximum payment rate: first against MBR, then against rent, then against dependent child amount).
Step 3. Compare the provisional add-on and the notional income/assets tested add-on: the amount to be added to the person's maximum basic rate is:
(a) the provisional add-on if the provisional add-on
is greater than or equal to the notional income/assets tested add-on; or
(b) the notional income/assets tested add-on if that
add-on is greater than the provisional add-on.
Applicable amounts
"1066B-D3. If a person has a dependent child or dependent children, the amounts (if any) applicable to the person under this point are, subject to points 1066B-D4 to 1066B-D7, worked out using Table D.

TABLE D
APPLICABLE AMOUNT FOR DEPENDENT CHILDREN
column 1 column 2 column 3 column 4
item additional amount rate per rate per
year fortnight
1. amount applicable if person has a dependent child who has
not turned 13
$1,378.00 $53.00
2. amount applicable if person has a dependent child who has
turned 13 but has not turned 16
$2,009.80 $77.30
3. amount applicable if person has a dependent child who has
turned 16 (over 16 child add-on)
$884.00 $34.00
4. amount applicable if the person has a dependent child or
dependent children and either is not a member of a couple or is
a member of an illness separated couple
$722.80 $27.80

Note 1: the item 1 rate is adjusted annually so that the combined family allowance and additional pension amounts for children covered by this item do not fall below 15% of the combined pensioner couple maximum basic rate (see subsections 1200 (1) and (2)).
Note 2: the item 2 rate is adjusted annually so that the combined family allowance and additional pension amounts for children covered by this item do not fall below 20% of the combined pensioner couple maximum basic rate (see

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subsections 1200 (3) and (4)).
Note 3: the item 3 rate is not adjusted.
Note 4: the item 4 rate is indexed annually in line with CPI increases (see sections 1191 to 1194).

Failure to reasonably pursue maintenance claim
"1066B-D4. If:
(a) a person is entitled to claim maintenance from someone else for a dependent child of the person; and
(b) the Secretary considers that it is reasonable that the person should have taken action to obtain the maintenance; and
(c) the person has not taken action that the Secretary considers reasonable to obtain the maintenance;
items 1, 2 and 3 of Table D in point 1066B-D3 do not apply to the dependent child.

No additional amounts for children covered by Veterans' Entitlements Act
"1066B-D5. Items 1, 2 and 3 of Table D do not apply to a child if the maximum rate of someone's service pension is increased because of the child under the following provisions of the VEA:
(a) Service Pension Rate Calculator Where There Are Dependent Children (point 42-C3);
(b) Service Pension Rate Calculator For Blinded Veterans (point 43-C3).

No additional amount for prescribed student children
"1066B-D6. Once a dependent child of a person turns 16, the child is not to be taken into account for the purposes of item 3 of Table D if the child is a prescribed student child.
Note 1: for "prescribed student child" and "dependent child" see section 5.
Note 2: even though a young person does not attract an additional amount under items 1, 2 and 3 of Table D in point 1066B-D3, the young person may attract guardian allowance under item 4 of the Table.

No guardian allowance for dependent children who have turned 18
"1066B-D7. Once a dependent child of a person turns 18, the child is not to be taken into account for the purposes of item 4 of Table D unless:
(a) the child is a student child but not a prescribed student child; or
(b) the person receives child disability allowance in respect of the child.
"MODULE EA - RENT ASSISTANCE (UNDER 18)
Application
"1066B-EA1. This Module applies to the disability support pension of a person who has not turned 18 and is permanently blind.
Rent assistance
"1066B-EA2. Subject to points 1066B-EA3 and 1066B-EA4, an amount to help cover the cost of rent is to be added to the maximum basic rate of:
(a) a member of a couple; or
(b) a person who has a pension increase child; or
(c) a person who is in disability accommodation; or a person if:
(d) the person is not an ineligible homeowner; and
(e) the person pays, or is liable to pay, rent (other than Government rent); and
(f) the rent is payable at a rate of more than $1,300 per year; and
(g) the person is in Australia.
Note 1: for "pension increase child" see subsection 5 (15).
Note 2: for "in disability accommodation" see subsection 23 (4C).
Note 3: for "rent", "Government rent" and "ineligible homeowner" see section 13.

No rent assistance if partner getting incentive allowance
"1066B-EA3. If the person is a member of a couple and the person's partner is living with the person in their home, an amount is not to be added to the person's maximum basic rate under point 1066B-EA2 if the person's partner is receiving incentive allowance.
Note: for "incentive allowance" see Module J of Pension Rate Calculator A and Module F of Pension Rate Calculator B.

Rent assistance waiting period
"1066B-EA4. Subject to point 1066B-EA5, no amount is to be added to a person's maximum basic rate under point 1066B-EA2 unless the person has a current accumulated rent assistance waiting period credit of at least 26 weeks.
Note: for "current accumulated rent assistance waiting period credit" see points 1066B-EA7 and 1066B-EA8 below.

Some people do not have to serve rent assistance waiting period
"1066B-EA5. A person does not have to satisfy point 1066B-EA4 if:
(a) the person has a benefit increase child; or
(b) the person is in disability accommodation and paying rent; or
(c) the person was, immediately before becoming qualified for the disability support pension, receiving:
(i) a social security or service pension or a social security
benefit; and
(ii) an amount by way of:
(A) rent assistance; or
(B) incentive allowance.
Note 1: for "pension increase child" see subsection 5 (15).

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Note 2: for "in disability accommodation" see subsection 23 (4C).

Serving the rent assistance waiting period
"1066B-EA6. A person acquires an accumulated rent assistance waiting period credit by accumulating 26 weeks of eligible rent assistance waiting periods.

Accumulated eligible rent assistance waiting periods
"1066B-EA7. For the purposes of point 1066B-EA4, a person is to be taken to have accumulated 26 weeks of eligible rent assistance waiting periods if:
(a) the person has an eligible waiting period that is a continuous period of 26 weeks; or
(b) the person has eligible waiting periods that together form a continuous period of 26 weeks; or
(c) the person has eligible waiting periods that add up to 26 weeks and none of the eligible waiting periods start more than 4 weeks after the end of the immediately preceding waiting period.

Eligible rent assistance waiting period
"1066B-EA8. A period is an eligible waiting period for a person if during the whole of the period the person:
(a) is receiving a social security or service pension or a social security benefit; or
(b) would, but for the application of an ordinary income test or maintenance income test or assets test, be receiving a social security benefit; or
(c) is receiving payments as a trainee in full-time training under a program included in the programs known as Labour Force Programs; or
(d) is in continuous full-time training under a program included in the programs known as Labour Force Programs and is receiving payments by way of remuneration in respect of that training; or
(e) is receiving payments under the Adult Migrant Education Program; or
(f) is in gaol.
Note: for "in gaol" see subsection 23 (5).

Credit ceases to be current in some circumstances
"1066B-EA9. A person's accumulated rent assistance credit ceases to be current at a particular time if the person's last eligible rent assistance waiting period ended more than 4 weeks before that time.

Rate of rent assistance
"1066B-EA10. The rate of rent assistance is the rate at which rent assistance would be payable to the person if Pension Rate Calculator D applied to the person.
Note 1: if Pension Rate Calculator D (see section 1066A) applied to the person, the person would be subject to an ordinary income test (Module F), a maintenance income test (Module G) and an assets test (Module H).
Note 2: if Pension Rate Calculator D applied to a person and there was to be a reduction in pension rate because of the application of the ordinary income test, the maintenance income test or the assets test, section 1207 would govern the order in which the reduction would be made against the components of the maximum payment rate (first against MBR and YDS, then against the rent, then against dependent child amount).

"MODULE EB - RENT ASSISTANCE (18 AND OVER)
Application
"1066B-EB1. This Module applies to the disability support pension of a person who has turned 18 and who is permanently blind.
Rent assistance
"1066B-EB2. Subject to points 1066B-EB4 and 1066B-EB5, an amount to help cover the cost of rent is to be added to the maximum basic rate of:
(a) a member of a couple; or
(b) a person who has a pension increase child; or
(c) a person who is living permanently or indefinitely away from the person's parental home; or
(d) a person in disability accommodation; or a person if:
(e) the person is not an ineligible homeowner; and
(f) the person pays, or is liable to pay, rent (other than Government rent); and
(g) the rent is payable at a rate of more than $1,300 per year; and
(h) the person is in Australia.
Note 1: for "pension increase child" see subsection 5 (15).
Note 2: for "rent", "Government rent" and "ineligible homeowner" see section 13.
Note 3: for "living away from parental home" see subsection 23 (4D).
Note 4: for "in disability accommodation" see subsection 23 (4C).

Parent
"1066B-EB3. For the purposes of point 1066B-EB2, a step-parent or guardian is to be taken to be a parent.
Note: "parent", when used in this Act, does not normally include a step-parent or guardian (see subsection 5 (1)).
No rent assistance if partner getting incentive allowance
"1066B-EB4. If the person is a member of a couple and the person's partner is living with the person in their home, an amount is not to be added to the person's maximum basic rate under point 1066B-EB2 if the person's partner is receiving incentive allowance.

Rent assistance waiting period

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"1066B-EB5. Subject to point 1066B-EB6, no amount is to be added to a person's maximum basic rate under point 1066B-EB2 unless the person has a current accumulated rent assistance waiting period credit of at least 26 weeks.
Some people do not have to serve rent assistance waiting period
"1066B-EB6. A person does not have to satisfy point 1066B-EB5 if:
(a) the person has a benefit increase child; or
(b) the person is in disability accommodation and paying rent; or
(c) the person was, immediately before becoming qualified for the disability support pension receiving:
(i) a social security or service pension or a social security
benefit; and
(ii) an amount by way of:
(A) rent assistance; or
(B) incentive allowance; or
(d) the person was previously receiving a social security benefit whose rate included an amount by way of rent assistance and:
(i) the person ceased to receive that other social security
benefit; and
(ii) the person ceased to receive that other social security
benefit otherwise than because of the operation of an ordinary income, maintenance income or assets test; and
(iii) the person ceased to receive that other social
security benefit not more than 4 weeks before commencing to receive the disability support pension whose rate is being worked out.

Serving the rent assistance waiting period
"1066B-EB7. A person acquires an accumulated rent assistance waiting period credit by accumulating 26 weeks of eligible rent assistance waiting periods.
Accumulated eligible rent assistance waiting periods
"1066B-EB8. For the purposes of point 1066B-EB5, a person is to be taken to have accumulated 26 weeks of eligible rent assistance waiting periods if:
(a) the person has an eligible waiting period that is a continuous period of 26 weeks; or
(b) the person has eligible waiting periods that together form a continuous period of 26 weeks; or
(c) the person has eligible waiting periods that add up to 26 weeks and none of the eligible waiting periods start more than 4 weeks after the end of the immediately preceding waiting period.

Eligible rent assistance waiting period
"1066B-EB9. A period is an eligible waiting period for a person if during the whole of the period the person:
(a) is receiving a social security or service pension or a social security benefit; or
(b) would, but for the application of an ordinary income, maintenance income, or assets test, be receiving a social security benefit; or
(c) is receiving payments as a trainee in full-time training under a program included in the programs known as Labour Force Programs; or
(d) is in continuous full-time training under a program included in the programs known as Labour Force Programs and is receiving payments by way of remuneration in respect of that training; or
(e) is receiving payments under the Adult Migrant Education Program; or
(f) is in gaol.

Credit ceases to be current in some circumstances
"1066B-EB10. A person's accumulated rent assistance credit ceases to be current at a particular time if the person's last eligible rent assistance waiting period ended more than 4 weeks before that time.
Rate of rent assistance
"1066B-EB11. The rate of rent assistance is the rate at which rent assistance would be payable to the person if Pension Rate Calculator D applied to the person.
Note 1: if Pension Rate Calculator D (see section 1066A) applied to the person, the person would be subject to an ordinary income test (Module F), a maintenance income test (Module G) and an assets test (Module H).
Note 2: if Pension Rate Calculator D applied to a person and there was to be a reduction in pension rate because of the application of the ordinary income test, the maintenance income test or the assets test, section 1207 would govern the order in which the reduction would be made against the components of the maximum payment rate (first against MBR and YDS, then against the rent, then against dependent child amount).
"MODULE F - REMOTE AREA ALLOWANCE
Remote area allowance
"1066B-F1. An amount by way of remote area allowance is to be added to a person's rate of pension if:
(a) the person's usual place of residence is situated in the remote area; and
(b) the person is physically present in the remote area.
Note: for "remote area" and "physically present in the remote area" see section 14.

Rate of remote area allowance
"1066B-F2. The rate of remote area allowance payable to a person is worked

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out using Table F. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each pension or benefit increase child of the person.
TABLE F
REMOTE AREA ALLOWANCE
column 1 column 2 column 3 column 4 column 5 column 6
item person's family basic basic additional additional
situation allowance allowance allowance allowance
per per per per
year fortnight year fortnight
1. Not member of a couple
$364.00 $14.00 $182.00 $7.00
2. Partnered - partner eligible to receive remote area allowance
$312.00 $12.00 $182.00 $7.00
3. Partnered - partner not eligible to receive remote area allowance
$364.00 $14.00 $182.00 $7.00
4. Member of an illness separated or respite care couple
$364.00 $14.00 $182.00 $7.00
Note 1: for "member of a couple" and "partnered" see section 4.
Note 2: for "dependent child" see section 5.
Note 3: for "penson increase child" see subsection 5 (15).
Note 4: for "benefit increase child" see subsection 5 (16).

Dependent children must be physically present in Australia
"1066B-F3. Additional allowance is not payable for a pension or benefit increase child unless the child is physically present in Australia.
Additional remote area allowance for dependent children not available to both members of a pensioner couple
"1066B-F4. Additional allowance is not to be included in a person's pension rate for a pension increase child if:
(a) the person's partner's pension rate includes additional allowance for the child; and
(b) the person's partner has a child add-on for the child.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 21

21. Before section 1199 of the Principal Act the following sections are inserted in Division 4 of Part 3.16 of Chapter 3:
Adjustment of disability support pension (under 21 and child) MBRs
"1198A. This Act (and any other Act that refers to this Act) has effect as if, on 20 March and 20 September each year, the amount worked out in accordance with applying the formula:
benefit MBR (ordinary) x 26
to an amount identified in column 2 of an item in the following Table were substituted for the amount identified in column 3 of the item.
ADJUSTMENT OF DSP (UNDER 21 AND CHILD) MBR TABLE
column 1 column 2 column 3
item benefit MBR (ordinary) corresponding DSP (under 21
amount and child) MBR amount
Benefit Rate Calculator A Pension Rate Calculator D
- point 1067-B1 - Table B - point 1066A-B1 - Table B
1. column 3A - item 1 column 3A - item 1
2. column 3A - item 2 column 3A - item 2
3. column 3A - item 3 column 3A - item 5
4. column 3A - item 4 column 3A - item 7
5. column 3A - item 5 column 3A - item 9
Benefit Rate Calculator
B - point 1068-B1 -
Table B
6. column 3A - item 4 column 3A - item 4
7. column 3A - item 2 column 3A - item 3
8. column 3A - item 6 column 3A - item 6
9. column 3A - item 8 column 3A - item 8
10. column 3A - item 10 column 3A - item 10
Benefit Rate Calculator Pension Rate Calculator E -
A - point 1067-B1 - point 1066B-B1 - Table B
Table B
11. column 3A - item 1 column 3A - item 1
12. column 3A - item 2 column 3A - item 2
13. column 3A - item 3 column 3A - item 5
14. column 3A - item 4 column 3A - item 7
15. column 3A - item 5 column 3A - item 9
Benefit Rate Calculator
B - point 1068-B1 -
Table B
16. column 3A - item 1 column 3A - item 4
17. column 3A - item 2 column 3A - item 3
18. column 3A - item 6 column 3A - item 6
19. column 3A - item 8 column 3A - item 8
20. column 3A - item 10 column 3A - item 10
Adjustment of disability support pension (under 21 and no child) MBRs
"1198B. This Act (and any other Act that refers to this Act) has effect as
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if, on 1 January each year, the amount worked out by applying the formula:
benefit MBR (junior or intermediate) x 26
to an amount identified in column 2 of item in the following Table were substituted for the amount identified in column 3 of the item.
ADJUSTMENT OF DSP (UNDER 21 AND NO CHILD) MBR TABLE
column 1 column 2 column 3
item benefit MBR corresponding DSP (under 21
(junior or intermediate) and no child) MBR
amount amount
Benefit Rate Calculator A - Pension Rate Calculator D -
point 1067-B1 - Table B point 1066A-B1 - Table B
1. column 3B - item 1 column 3B - item 1
2. column 3B - item 2 column 3B - item 2
3. column 3B - item 3 column 3B - item 5
4. column 3B - item 4 column 3B - item 7
5. column 3B - item 5 column 3B - item 9
Benefit Rate Calculator B -
point 1068-B1 - Table B
6. column 3B - item 1 column 3B - item 4
7. column 3B - item 2 column 3B - item 3
8. column 3B - item 6 column 3B - item 6
9. column 3B - item 8 column 3B - item 8
10. column 3B - item 10 column 3B - item 10
Benefit Rate Calculator A - Pension Rate Calculator E -
point 1067-B1 - Table B point 1066B-B1 - Table B
11. column 3B - item 1 column 3B - item 1
12. column 3B - item 2 column 3B - item 2
13. column 3B - item 3 column 3B - item 5
14. column 3B - item 4 column 3B - item 7
15. column 3B - item 5 column 3B - item 9
Benefit Rate Calculator B -
point 1068-B1 - Table B
16. column 3B - item 1 column 3B - item 4
17. column 3B - item 2 column 3B - item 3
18. column 3B - item 6 column 3B - item 6
19. column 3B - item 8 column 3B - item 8
20. column 3B - item 10 column 3B - item 10
Adjustment of youth disability supplement
"1198C. This Act (and any other Act that refers to this Act) has effect as if, on 1 January each year, the amount worked out using the following formula was substituted for the amount of the rate of the youth disability supplement:
CDA rate x 26
where:
"CDA rate" is the current figure, as at that 1 January, for the CDA rate.".
Note: for "current figure" see subsection 20 (1).

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 22
Application of income and assets test reductions and of
compensation reductions for income tax purposes

22. Section 1207 of the Principal Act is amended by inserting after the matter relating to Pension Rate Calculator C in the Table in subsection (2) the following item:
"Pension Module D Module EA Module EB Module F Module G Module H ".
Rate
Calculator D
(section 1066A) Module D Module EA
Module EB Module F Module G Module H ".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 23
Schedule 1A - Savings and transitional provisions

23. Schedule 1A of the Principal Act is amended by inserting after clause 32 the following clauses:
Invalid pensioners (changes introduced on 12 November 1991)
"33. If a determination granting a claim for:
(a) invalid pension; or
(b) sheltered employment allowance;
is in force immediately before 12 November 1991, the determination has effect, from 12 November 1991, as if it were a determination granting a claim for disability support pension.
Invalid pensioners (changes introduced on 12 November 1991)
"34. If, on 11 November 1991, a person:
(a) was receiving invalid pension, sheltered employment allowance or rehabilitation allowance; and
(b) had not turned 21;
then, on and after 12 November 1991, the person's pension or allowance continues to be worked out as if Pension Rate Calculator D at the end of section 1066A and Pension Rate Calculator E at the end of section 1066B did not apply to the person.
Rehabilitation allowance (changes introduced on 12 November 1991)
"35. If a determination granting a claim for rehabilitation allowance is in force in relation to a person's participation in a rehabilitation program
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immediately before 12 November 1991, Part 2.10 of this Act as in force immediately before 12 November 1991 continues to apply to the person so long as the person continues to participate in the rehabilitation program. Incentive allowance (changes introduced on 12 November 1991)
"36. (1) If:
(a) a person is qualified for incentive allowance immediately before 12 November 1991; and
(b) the person is receiving disability support pension on 12 November 1991 because of a determination referred to in clause 33;
the following provisions as in force immediately before 12 November 1991 continue to apply to the person:
(c) points 1064-J1 to 1064-J3 (Pension Rate Calculator A); and
(d) points 1065-F1 to 1065-F3 (Pension Rate Calculator B).
"(2) If:
(a) a person was receiving incentive allowance immediately before 12 November 1991; and
(b) on or after 12 November 1991 the person ceases to be qualified for incentive allowance because the person obtains work; and
(c) within 2 years after so ceasing to be qualified, the person undertakes an activity that would have qualified him or her for incentive allowance had it been undertaken immediately before 12 November 1991;
the following provisions as in force immediately before 12 November 1991 apply to the person:
(d) points 1064-J1 to 1064-J3 (Pension Rate Calculator A); and
(e) points 1065-F1 to 1065-F3 (Pension Rate Calculator B).
"(3) If a person's rate of disability support pension includes an amount for incentive allowance because of subsection (1) or (2) the person's rate of disability support pension cannot include an amount for rent assistance.
"(4) A person whose rate of disability support pension includes an amount for incentive allowance because of subsection (1) or (2) may elect, by written notice to the Secretary, to have the amount for incentive allowance excluded from the person's rate.
"(5) If a person referred to in subsection (1) ceases to be qualified for incentive allowance on or after 12 November 1991, subsection (1) ceases to apply to the person and cannot apply to the person again.
Employment entry payments (changes introduced on 12 November 1991)
"37. If:
(a) on 11 November 1991 a person is receiving:
(i) invalid pension; or
(ii) rehabilitation allowance or sheltered employment
allowance in place of invalid pension; and
(b) the person commences employment on 12 November 1991;
then, for the purpose of applying subsection 664C (1) to the person, paragraph 664C (1) (b) is taken to include a reference to invalid pension or rehabilitation allowance or sheltered employment allowance in place of invalid pension.
Sickness benefit (changes introduced on 12 November 1991)
"38. (1) If a determination granting a person's claim for sickness benefit is in force immediately before 12 November 1991:
(a) the determination has effect, from 12 November 1991, as if it were a determination granting a claim for sickness allowance; and
(b) for the purposes of applying sections 670, 672 and 673 to the person, the person is taken to have commenced to receive sickness allowance on the date the person commenced to receive sickness benefit.
"(2) The determination is taken to specify a maximum allowance period that commences on 12 November 1991 and ends:
(a) on 12 February 1992; or
(b) at the end of the period specified in the most recent medical certificate that the person provided before 12 November 1991 in support of the person's claim for sickness benefit;
whichever ends earlier.
Note: for the effect of the maximum allowance period, see section 669.
"(3) If immediately before 12 November 1991 a person has been receiving sickness benefit continuously from 12 November 1990, then for the purposes of applying sections 670, 672 and 673 to the person:
(a) the person is taken to have commenced to receive sickness allowance on 12 November 1990; and
(b) the Secretary is taken to have made a determination under subsection 670 (2) in relation to the person.
"(4) If subclause (1) applies to a determination granting a person's claim for sickness benefit, then for the purposes of applying sections 670, 672 and 673 to the person, a reference in those sections to sickness allowance is taken to include a reference to sickness benefit.
Special needs invalid pensioners (changes introduced on 12 November 1991)
"39. If a determination granting a claim for special needs invalid pension is in force immediately before 12 November 1991, the determination has effect, from 12 November 1991, as if it were a determination granting a claim for special needs disability support pension.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 24
Consequential amendments

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24. The Acts specified in Schedule 1 are amended as set out in the Schedule.

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 25
Insertion of Schedule of Impairment Tables

25. After Schedule 1A to the Principal Act, the Schedule set out in Schedule 2 to this Act is inserted.

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - PART 4
PART 4 - AMENDMENT OF THE HEALTH INSURANCE ACT 1973

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 26
Principal Act

26. In this Part, "Principal Act" means the Health Insurance Act 1973.*2* *2* No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; Nos. 44, 131, 132 and 141, 1987; Nos. 85, 87, 99 and 155, 1988; No. 95, 1989; and Nos. 3 and 119, 1990.

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SECT 27

27. After section 4C of the Principal Act the following section is inserted:
Disadvantaged persons, being children attracting child disability allowance
"4CA. (1) In this section, "CDA child" and "child disability allowance" have the same meaning as in the Social Security Act 1991.
"(2) While a person is qualified for child disability allowance for a CDA child, the CDA child is a disadvantaged person within the meaning of this section.".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SCHEDULE 1

SCHEDULE 1 Section 24
CONSEQUENTIAL AMENDMENTS
Social Security Act 1991
Section 3:
Insert in the Index the following entries:
"continuing inability to work 94 (2)
DSP non-compliance waiting period 105
Impairment Tables 23 (1)
in disability accommodation 23 (4C)
living away from the person's parental home 23 (4D)
physical impairment 23 (1)
program of assistance 23 (1)
SA non-compliance waiting period 698
severely disabled 23 (4B)".

Paragraph 7 (4) (b):
Omit "invalid", substitute "disability support".

Paragraph 7 (6) (b):
Omit "invalid", substitute "disability support".

Section 18:
Repeal the section.

Subsection 23 (1) (paragraph (c) of the definition of "education leavers
waiting period"):
Omit the paragraph, substitute:
"(c) a sickness allowance education leavers waiting period
under sections 695 and 696;".

Subsection 23 (1) (paragraph (c) of the definition of "ordinary
waiting period"):
Omit the paragraph, substitute:
"(c) a sickness allowance ordinary waiting period under
sections 693 and 694;".

Subsection 23 (1) (paragraph (c) of the definition of "social
security benefit"):
Omit "benefit", substitute "allowance".

Subsection 23 (1) (paragraph (b) of the definition of "social
security pension"):
Omit "an invalid", substitute "a disability support".

Subsection 23 (1) (paragraphs (h) and (j) of the definition of
"social security pension"):
Omit the paragraphs.

Subsection 23 (1) (paragraph (c) of the definition of "unused
annual leave waiting period"):
Omit the paragraph, substitute:
"(c) a sickness allowance unused annual leave waiting period
under sections 689 to 691;".

Subsection 23 (1) (before paragraph (a) of the definition of
"waiting period"):
Insert:
"(aa) a DSP non-compliance waiting period under section 105; or".

Subsection 23 (1) (paragraphs (g), (h) and (j) of the definition
of "waiting period"):
Omit the paragraphs, substitute:
"(g) a sickness allowance ordinary waiting period under
sections 693 and 694; or
(h) a sickness allowance unused annual leave waiting period

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under sections 689 to 691; or
(i) a sickness allowance education leavers waiting period
under sections 695 and 696;".

Subsection 23 (1) (definition of "waiting period"):
Add at the end:
"; or (k) an SA non-compliance waiting period under section 698;".

Subsection 23 (10):
Omit "(sickness benefit)", substitute "(sickness allowance)".

Subparagraph 82 (1) (d) (ii):
Omit "an invalid", substitute "a disability support".

Subparagraph 82 (1) (d) (vi):
Omit the subparagraph.

Subparagraph 82 (1) (d) (viii):
Omit "invalid", substitute "disability support".

Paragraph 147 (1) (b):
Omit "invalid" (wherever occurring), substitute "disability support".

Subparagraph 237 (1) (d) (ii):
Omit "an invalid", substitute "a disability support".

Subparagraph 237 (1) (d) (v):
Omit the subparagraph.

Subparagraph 237 (1) (d) (vii):
Omit "invalid", substitute "disability support".

Sub-subparagraph 249 (2) (b) (i) (B):
Omit "an invalid", substitute "a disability support".

Sub-subparagraph 249 (2) (b) (i) (D):
Omit "invalid", substitute "disability support".

Sub-subparagraph 262 (2) (b) (i) (B):
Omit "an invalid", substitute "a disability support".

Subparagraph 303 (1) (d) (ii):
Omit "an invalid", substitute "a disability support".

Subparagraph 303 (1) (d) (iv):
Omit the subparagraph.

Subparagraph 303 (1) (d) (vi):
Omit "invalid", substitute "disability support".

Sub-subparagraph 362 (2) (b) (i) (B):
Omit "an invalid", substitute "a disability support".

Sub-subparagraph 362 (2) (b) (i) (D):
Omit "invalid", substitute "disability support".

Subsection 665 (1):
Omit "or 664A", substitute ", 664A or 664C".

Subsection 665 (2):
Omit "or 663", substitute ", 663 or 664C".

Section 773:
Repeal the section, substitute:
Qualification for special needs disability support pension
Inability to work
"773. A person is qualified for a special needs disability
support pension if:
(a) the person has not resided in Australia at any time after
7 May 1973; and
(b) the person is severely disabled; and
(c) the person has turned 16; and
(d) at the time when the person first satisfied paragraph
(b), the person was in Australia or temporarily absent from
Australia; and
(e) the person is, in the opinion of the Secretary, in
special need of financial assistance.".

Paragraph 779 (1) (e):
After "medical", insert ", psychiatric or psychological".

Section 780:
Omit "invalid", substitute "disability support".

Paragraph 784 (3) (a):
Omit "invalid", substitute "disability support".

Section 788:
Repeal the section, substitute:
Refusal to attend interview etc.
"788. (1) A special needs disability support pension is not
payable to a person if:
(a) the person is receiving, or has lodged a claim for, a
special needs disability support pension; and
(b) the Secretary is of the opinion that the person should:
(i) contact a specified officer of the Department; or
(ii) attend an interview at a specified place; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological
examination; and
(c) the Secretary notifies the person that the person is
required to:
(i) contact that officer; or
(ii) attend that interview; or

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(iii) complete that questionnaire; or
(iv) attend that examination; or
(v) if the person has undergone an examination - provide to
the Secretary a report on that examination in the approved form;
and
(d) the Secretary is satisfied that it is reasonable for this
section to apply to the person; and
(e) the person does not take reasonable steps to comply with
the Secretary's requirements within the time specified in the notice.
Note: if this section applies to someone who is receiving
disability support pension, the person's pension will be
cancelled or suspended by a determination of the Secretary under
section 818.
"(2) A notice under paragraph (1) (c) must be in writing and
must inform the person of the effect of this section.".

Section 795:
Repeal the section, substitute:
Examination by medical practitioner
"795. (1) The Secretary must direct that a claimant for a
special needs disability support pension be examined by a
medical practitioner or practitioners unless:
(a) it is manifest that the claimant is severely disabled; or
(b) the claimant's rate of special needs disability support
pension, if granted, would be nil; or
(c) the claimant does not satisfy the requirements of
paragraph 773 (1) (c) or section 791A (age requirements).
"(2) If the claimant resides in a place that is remote from
any medical practitioner, the Secretary may direct that:
(a) subsection (1) does not apply to the claimant; and
(b) the claimant is to submit to the Department a written
report by a medical practitioner that relates to the impairment
in respect of which the claimant is claiming special needs
disability support pension.
"(3) The medical practitioner who has examined the claimant
is to give a certificate stating the practitioner's opinion as
to:
(a) whether the claimant:
(i) has a physical, intellectual or psychiatric impairment;
or
(ii) is permanently blind;
(as the case requires); and
(b) if the claimant does have a physical, intellectual or
psychiatric impairment - the effect of the impairment on the
claimant's ability to work.
"(4) The medical practitioner must, if required to do so by
the Secretary, include in the certificate the practitioner's
opinion as to the percentage of the person's impairment (if any)
under the Impairment Tables.
"(5) A certificate under this section must be in accordance
with a form approved by the Secretary.
"(6) In this section:
"medical practitioner" includes a person recognised as a medical
practitioner by the law of the country in which the claimant
resides.".

Paragraph 796 (1) (b):
(a) Omit "special needs invalid pension", substitute
"special needs disability support pension".
(b) Omit "an invalid" (wherever occurring), substitute "a
disability support".

Section 796 (Special Needs Proportional Rate Calculator - point 796-B5):
Omit "invalid" (wherever occurring), substitute "disability support".

Section 796 (Special Needs Proportional Rate Calculator - point 796-B6):
Omit "invalid" (wherever occurring), substitute "disability support".

Paragraph 811 (1) (c):
Omit "invalid", substitute "disability support".

Subsection 822 (1):
(a) Omit "invalid" (wherever occurring), substitute
"disability support".
(b) Omit "an invalid", substitute "a disability support".

Paragraph 1061A (1) (c):
Omit "benefit", substitute "allowance".

Subsection 1064 (2):
Omit "invalid" substitute "disability support".

Subsection 1064 (2) (Note):
Omit "invalid", substitute "disability support".

Subsection 1064 (3) (Note):
Omit the Note.

Subparagraph 1064 (5) (b) (ii):
Omit the subparagraph, substitute:
"(ii) a disability support pension".

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Section 1064 (Pension Rate Calculator A point 1064-A1 - Method
statement - Step 11):
Omit "and any amount per year payable by way of incentive
allowance (see MODULE J below)".

Section 1064 (Pension Rate Calculator A point 1064-C2 - Note 1):
Omit the Note.

Section 1064 (Pension Rate Calculator A point 1064-D1 - paragraph (b)):
Omit the paragraph.

Section 1064 (Pension Rate Calculator A point 1064-D2):
Omit the point.

Section 1064 (Pension Rate Calculator A point 1064-D4 - Note 1):
Omit the Note.

Section 1064 (Pension Rate Calculator A point 1064-E10 - Note 3):
Omit the Note.

Section 1064 (Pension Rate Calculator A point 1064-F3 - Note):
Omit the Note.

Section 1064 (Pension Rate Calculator A point 1064-F5 - Note):
Omit the Note.

Section 1064 (Pension Rate Calculator A point 1064-F11 - Note 3):
Omit the Note.

Section 1064 (Pension Rate Calculator A point 1064-G4 - Note 3):
Omit the Note.

Section 1064 (Pension Rate Calculator A Module J):
Omit the Module.

Subsection 1065 (2):
Omit "invalid", substitute "disability support".

Subsection 1065 (2) (Note):
Omit the Note.

Paragraph 1065 (4) (b):
Omit "invalid", substitute "disability support".

Section 1065 (Pension Rate Calculator B point 1065-A1 - Method
statement - Step 5):
Omit "and any amount per year payable by way of incentive
allowance (see MODULE F below)".

Section 1065 (Pension Rate Calculator B point 1065-C1 - Note 1):
Omit the Note.

Section 1065 (Pension Rate Calculator B point 1065-D1 - paragraph (b)):
Omit the paragraph.

Section 1065 (Pension Rate Calculator B point 1065-D2):
Omit the point.

Section 1065 (Pension Rate Calculator B Module F):
Omit the Module.

Paragraph 1067 (1) (b):
Omit "benefit", substitute "allowance".

Section 1067 (Benefit Rate Calculator A point 1067-F8 - paragraph (b)):
Omit "sickness benefit", substitute "sickness allowance".

Section 1067 (Benefit Rate Calculator A point 1067-F12 - paragraph (b)):
Omit "sickness benefit", substitute "sickness allowance".

Section 1067 (Benefit Rate Calculator A point 1067-G7 - paragraph (a)):
Omit "benefit or".

Section 1067 (Benefit Rate Calculator A point 1067-G18):
(a) Omit "Social Security benefit", substitute "allowance".
(b) Omit "social security benefit", substitute "allowance".

Section 1067 (Benefit Rate Calculator A point 1067-H4):
Omit "benefit" (twice occurring), substitute "allowance".

Paragraph 1068 (1) (b):
Omit "benefit", substitute "allowance".

Section 1068 (Benefit Rate Calculator B point 1068-F3):
Omit the point.

Section 1068 (Benefit Rate Calculator B point 1068-F7 - paragraph (c)):
Omit "sickness benefit", substitute "sickness allowance".

Section 1068 (Benefit Rate Calculator B point 1068-F7 - subparagraph (c) (ii):
Omit the subparagraph, substitute:
"(ii) an amount by way of rent assistance; or".

Section 1068 (Benefit Rate Calculator B point 1068-G4):
Omit "benefit" (twice occurring), substitute "allowance".

Subparagraphs 1133 (1) (a) (ii) and (2) (a) (ii):
Omit "invalid", substitute "disability support".

Subparagraph 1133 (1) (a) (vii):
Omit the subparagraph.

Subparagraph 1133 (2) (a) (vi):
Omit the subparagraph.

Division 1 of Part 3.13 (Heading):
Omit "(excluding sheltered employment allowance and
rehabilitation allowance)".

Section 1158:
Omit "invalid", substitute "disability support".

Paragraph 1161 (1) (b):
Omit "sickness benefit", substitute "sickness allowance".

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Section 1162:
Repeal the section.

Paragraph 1163 (1) (a):
Omit the paragraph, substitute:
"(a) so far as the person is concerned:
(i) disability support pension;
(ii) rehabilitation allowance;
(iii) social security benefit;
(iv) special needs disability support pension; and".

Paragraph 1163 (1) (b):
Omit the paragraph, substitute:
"(b) so far as the partner (if any) is concerned:
(i) disability support pension;
(ii) rehabilitation allowance;
(iii) social security benefit;
(iv) wife pension;
(v) carer pension;
(vi) special needs disability support pension; or
(vii) special needs wife pension.".

Subsection 1163 (5):
Omit all words to and including "employment allowance",
substitute "A disability support pension, social security
benefit (other than sickness allowance)".

Subsection 1163 (5) (Note):
Omit "benefit", substitute "allowance".

Paragraph 1164 (1) (a):
Omit the paragraph, substitute:
"(a) a person is receiving:
(i) disability support pension; or
(ii) rehabilitation allowance; or
(iii) social security benefit; or
(iv) special needs disability support pension; and".

Paragraph 1164 (2) (a):
Omit the paragraph, substitute:
"(a) the person is qualified for:
(i) disability support pension; or
(ii) rehabilitation allowance; or
(iii) social security benefit; or
(iv) special needs disability support pension; and".

Paragraph 1165 (1) (a):
Omit the paragraph, substitute:
"(a) the person is qualified for:
(i) disability support pension; or
(ii) rehabilitation allowance; or
(iii) social security benefit; or
(iv) special needs disability support pension; and".

Paragraph 1165 (2) (a):
Omit the paragraph, substitute:
"(a) the person is qualified for:
(i) disability support pension; or
(ii) rehabilitation allowance; or
(iii) social security benefit; or
(iv) special needs disability support pension; and".

Paragraph 1165 (2) (d):
Omit the paragraph, substitute:
"(d) none of the following is payable to the person for the
lump sum preclusion period:
(i) disability support pension;
(ii) rehabilitation allowance;
(iii) social security benefit;
(iv) special needs disability support pension;".

Paragraph 1165 (2) (e):
Omit the paragraph, substitute:
"(e) none of the following is payable to the person's
partner for the lump sum preclusion period:
(i) disability support pension;
(ii) rehabilitation allowance;
(iii) social security benefit;
(iv) wife pension;
(v) carer pension because of caring for the person;
(vi) special needs disability support pension; or
(vii) special needs wife pension.".

Section 1165 (Examples):
(a) Omit "invalid" (wherever occurring), substitute "disability support".
(b) Omit "Invalid" (wherever occurring), substitute "Disability support".

Paragraph 1166 (1) (b):
Omit the paragraph, substitute:
"(b) the person receives payments of:
(i) disability support pension; or
(ii) rehabilitation allowance; or

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(iii) social security benefit; or
(iv) special needs disability support pension;
for the lump sum preclusion period;".

Section 1166 (Recoverable Amount Table):
Omit the Table, substitute:
"RECOVERABLE AMOUNT TABLE
column 1 column 2 column 3 column 4 column 5
item category of person partner's recoverable
person qualified status amount
for
1. Not member DSP the smaller of:
of a couple SSB CLS PBAP (see
SNDSP subsection (3))
RHA
2. Partnered DSP not qualified the smaller of:
SSB for: DSP CLS
SNDSP SSB PBAP
RHA WP (see
CP subsection (3))
SNDSP
RHA
3. Partnered DSP qualified for:(see
SSB DSP subsection (4))
SNDSP SSB the smaller of:
RHA WP CLS
CP PBAP + PPBAP
SNDSP
RHA
KEY
DSP = disability support pension
SSB = sosial security benefit
RHA = rehabilitation allowance payable in place DSP
WP = wife pension
CP = carer pension because of caring for the person
SNDSP = special needs disability support pension
CLS = compensation part of lump sum
PBAP = person's pension, benefit or allowance
PPBAP = partner's pension, benefits or allowance payments.".
Section 1166 (Examples):
Omit "invalid" (wherever occurring), substitute "disability support".

Paragraph 1168 (1) (b):
Omit the paragraph, substitute:
"(b) the person is qualified for:
(i) disability support pension; or
(ii) rehabilitation allowance; or
(iii) social security benefit; or
(iv) special needs disability support pension;
for the periodic payments period".
Subsection 1168 (2):
Omit "for the periodic payments period,".
Paragraph 1168 (2) (c):
Omit the paragraph, substitute:
"(c) the person's partner is qualified for:
(i) disability support pension; or
(ii) rehabilitation allowance; or
(iii) social security benefit; or
(iv) wife pension; or
(v) carer pension because of caring for the person; or
(vi) special needs disability support pension; or
(vii) special needs wife pension;
for the periodic payments period;".
Section 1168 (Reduction Table):
Omit the Table, substitute:
REDUCTION TABLE
column 1 column 2 column 3 column 4 column 5 column 6
item category of person partner's compensation reduced
person qualified status recipient fortnightly
for rate of
pension,
benefit or
allowance
1. Not DSP person PBA - PC
member of SSB
a couple SNDSP
RHA
not qualified for:
2. Partnered DSP DSP person PBA - PC
SSB SSB
SNDSP WP
RHA CP

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SNDSP
RHA
not qualified for:
3. Partnered DSP DSP partner PBA - PC
SSB SSB
SNDSP WP
RHA CP
SNDSP
RHA
qualified for:
4. Partnered DSP DSP person PBA - PC
SSB SSB 2
SNDSP WP PPBA - PC
RHA CP 2
SNDSP
RHA
qualified for:
5. Partnered DSP DSP partner PBA - PC
SSB SSB 2
SNDSP WP PPBA - PC
RHA CP 2
SNDSP
RHA
KEY
DSP = disability support pension
SSB = social security benefit
WP = wife pension
CP = carer pension because of caring for the person
SNDSP = special needs disability support pension
RHA = rehabilitation allowance payable in place of DSP
PBA = person's fortnightly rate of pension, benefit or allowance
PC = fortnightly rate of periodic compensation
PPBA = partner's fortnightly rate of pension, benefit or allowance.".
Section 1168 (Examples):
Omit "benefit" (wherever occurring), substitute "allowance".
Paragraph 1170 (1) (b):
Omit the paragraph, substitute:
"(b) the person receives payments of:
(i) disability support pension; or
(ii) rehabilitation allowance; or
(iii) social security benefit; or
(iv) special needs disability support pension;
for the periodic payments period; and".
Section 1170 (Recoverable Amount Table):
Omit the Table, substitute:
RECOVERABLE AMOUNT TABLE
column 1 column 2 column 3 column 4 column 5
item category of person partner's recoverable
person qualified status amount
for
1. Not member DSP the smaller of:
of a couple SSB CLS
SNDSP PBAP
RHA (see section (3))
not qualified for:
2. Partnered DSP DSP the smaller of:
SSB SSB CLS
SNDSP WP PBAP
RHA CP (see
SNDSP subsection (3))
RHA
qualified for:
3. Partnered DSP DSP the smaller of:
SSB SSB CLS
SNDSP RHA PBAP + PPBAP
RHA WP (see
CP subsection (4))
SNDSP
RHA
KEY
DSP = disability support pension
SSB = social security benefit
WP = wife pension
CP = carer pension because of caring for the person
SNDSP = special needs disability support pension
RHA = rehabilitation allowance payable in place of DSP
CLS = compensation part of lump sum
PBAP = person's pension, benefit or allowance payments
PPBAP = partner's pension, benefit or allowance payments.".
Section 1170 (Examples):

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(a) Omit "invalid" (wherever occurring), substitute
"disability support".
(b) Omit "unemployment benefit" (wherever occurring),
substitute "job search allowance".
Paragraph 1172 (1) (b):
Omit the paragraph, substitute:
"(b) the person receives or claims:
(i) a disability support pension; or
(ii) rehabilitation allowance; or
(iii) a social security benefit; or
(iv) a special needs disability support pension; sought;".
Paragraph 1174 (1) (b):
Omit the paragraph, substitute:
"(b) the person receives or claims:
(i) a disability support pension; or
(ii) rehabilitation allowance; or
(iii) a social security benefit; or
(iv) a special needs disability support pension;
for the periodic payments period or the lump sum payment period;".
Paragraph 1174 (5) (b):
Omit the paragraph, substitute:
"(b) the person's partner neither receives nor claims:
(i) a disability support pension; or
(ii) rehabilitation allowance; or
(iii) a social security benefit; or
(iv) a wife pension; or
(v) a carer pension because of caring for the person; or
(vi) a special needs disability support pension; or
(vii) a special needs wife pension;
for the periodic payments period or the lump sum payment period;".
Paragraph 1174 (6) (b):
Omit the paragraph, substitute:
"(b) the person's partner receives or claims:
(i) a disability support pension; or
(ii) rehabilitation allowance; or
(iii) a social security benefit; or
(iv) a wife pension; or
(v) a carer pension because of caring for the person; or
(vi) a special needs disability support pension; or
(vii) a special needs wife pension;
for the periodic payments period or the lump sum payment period;".
Paragraph 1177 (1) (b):
Omit the paragraph, substitute:
"(b) the person receives or claims:
(i) a disability support pension; or
(ii) rehabilitation allowance; or
(iii) a social security benefit; or
(iv) a special needs disability support pension;
for any period in respect of which the compensation is sought; and".
Paragraph 1179 (1) (b):
Omit the paragraph, substitute:
"(b) the person receives or claims:
(i) a disability support pension; or
(ii) rehabilitation allowance; or
(iii) a social security benefit; or
(iv) a special needs disability support pension;
for the periodic payments period or the lump sum payments period;".
Paragraph 1179 (5) (b):
Omit the paragraph, substitute:
"(b) the person's partner neither receives nor claims:
(i) a disability support pension; or
(ii) rehabilitation allowance; or
(iii) a social security benefit; or
(iv) a wife pension; or
(v) a carer pension because of caring for the person; or
(vi) a special needs disability support pension; or
(vii) a special needs wife pension;
for the periodic payments period or the lump sum payments period;".
Paragraph 1179 (6) (b):
Omit the paragraph, substitute:
"(b) the person's partner receives or claims:
(i) a disability support pension; or
(ii) rehabilitation allowance; or
(iii) a social security benefit; or
(iv) a wife pension; or
(v) a carer pension because of caring for the person; or
(vi) a special needs disability support pension; or
(vii) a special needs wife pension;
for the periodic payments period or the lump sum payments period;".
Subparagraph 1187 (1) (a) (i):

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Omit "invalid", substitute "disability support".
Subparagraph 1187 (2) (a) (i):
Omit "invalid", substitute "disability support".
Subparagraph 1187 (3) (c) (iii):
Omit "benefit", substitute "allowance".
Subparagraph 1187 (3) (c) (v):
Omit the subparagraph.
Paragraphs 1210 (4) (a) and (b):
Omit "an invalid", substitute "a disability support".
Section 1210 (International Agreement Portability Rate
Calculator - point 1210-B5):
Omit "invalid" (wherever occurring), substitute "disability support".
Section 1210 (International Agreement Portability Rate
Calculator - point 1210-B6):
Omit "invalid" (wherever occurring), substitute "disability support".
Subparagraph 1187 (1A) (a) (iii):
Omit "benefit", substitute "allowance".
Subparagraph 1187 (1A) (a) (v):
Omit the subparagraph.
Section 1190 (Indexed and Adjusted Amounts Table - column 2
of item 1):
Add "(except disability support pension payable to a person
who is under 21)".
Section 1190 (Indexed and Adjusted Amounts Table):
After item 1 insert the following items:
"1A. Maximum basic rates for disability support pension payable
to person who is under 21 and has one or more dependent
children DSP (under 21 and child) MBR (Pension Rate Calculator
D - point 1066A-B1 - Table B - column 3A - all amounts)
(Pension Rate Calculator E - point 1066B-B1 - Table B - column 3A
- all amounts)
1B. Maximum basic rates for disability support pension payable
to person who is under 21 and has no dependent children DSP
(under 21 and no child) MBR (Pension Rate Calculator D - point
1066A-B1 - Table B - column 3B - all amounts)
(Pension Rate Calculator E - point 1066B-B1 - Table B - column 3B
- all amounts)".
Section 1190 (Indexed and Adjusted Amounts Table):
After item 4 of table insert the following item:
"Youth disability
supplement
4A. Youth disability supplement Calculator D - point
supplement payable youth disability (Pension Rate
to a disability 1066A-C1)
support pensioner (Pension Rate
who is under 21 Calculator E - point
1066B-C1)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4
of item 7):
Add:
"(Pension Rate Calculator D - point 1066A-D3 - Table D - column
3 - item 1)
(Pension Rate Calculator E - point 1066B-D3 - Table D - column 3
- item 1)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4 of item 8):
Add:
"(Pension Rate Calculator D - point 1066A-D3 - Table D - column
3 - item 2)
(Pension Rate Calculator E - point 1066B-D3 - Table D - column 3
- item 2)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4
of item 11):
Add:
"(Pension Rate Calculator D - point 1066A-D9)
(Pension Rate Calculator E - point 1066B-D3 - Table D - column 3
- item 4)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4
of item 17):
Add:
"(Pension Rate Calculator D - point 1066A-EA12 - Table EA - column 4 - all
amounts)".
(Pension Rate Calculator D - point 1066A-EB13 - Table EB - column 4 - all
amounts)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4 of item 20):
Add:
"(Pension Rate Calculator D - point 1066A-F3 - Table F-1 - column 3 - all
amounts)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4
of item 23A):
Add:

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"(Pension Rate Calculator D - point 1066A-G10 - Table G-1 - columns 3
and 5 - all amounts)".

Section 1190 (Indexed and Adjusted Amounts Table - column 4
of item 24):
Add:
"(Pension Rate Calculator D - point 1066A-H3 - Table H-1 - column
3A - item 1)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4
of item 25):
Add:
"(Pension Rate Calculator D - point 1066A-H3 - Table H-1 - column
3B item 1)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4
of item 26):
Add:
"(Pension Rate Calculator D - point 1066A-H3 - Table H-1
- column 3A - items 2 and 3)".
Section 1190 (Indexed and Adjusted Amounts Table - column 4
of item 27):
Add:
"(Pension Rate Calculator D - point 1066A-H3 - Table H-1
- column 3B - items 2 and 3)".
Section 1190 (Indexed and Adjusted Amounts Table - item 44):
Omit the item.
Subsection 1212 (2):
Omit the subsection, substitute:
"(2) Subsection (1) does not apply to a carer pension or a
rehabilitation allowance.".
Subparagraph 1212 (3) (a) (ii):
Omit the subparagraph, substitute:
"(ii) a disability support pension; or".
Subparagraph 1212 (3) (c) (ii):
Omit the subparagraph, substitute:
"(ii) a disability support pension; or".
Paragraph 1218 (1) (e):
Omit "an invalid", substitute "a disability support".
Subparagraph 1219 (1) (a) (ii):
Omit "an invalid", substitute "a disability support".
Subparagraph 1219 (2) (a) (ii):
Omit "an invalid", substitute "a disability support".
Subparagraph 1220 (1) (d) (ii):
Omit "an invalid", substitute "a disability support".
Subparagraph 1220 (2) (d) (ii):
Omit "an invalid", substitute "a disability support".
Subparagraph 1221 (2) (a) (ii):
Omit "an invalid", substitute "a disability support".
Subsection 1221 (5):
(a) Omit "an invalid", substitute "a disability support".
(b) Omit "the invalid", substitute "the disability support".
(c) Omit "permanently incapacitated for", substitute
"unable to".
Section 1221 (Pension Portability Rate Calculator - point 1221-B5):
Omit "invalid" (wherever occurring), substitute "disability support".
Section 1221 (Pension Portability Rate Calculator - point 1221-B6):
Omit "invalid" (wherever occurring), substitute "disability support".
Subparagraph 1223 (2) (a) (iii):
Omit "benefit", substitute "allowance".
Health Insurance Act 1973
Section 4C:
Repeal the section.
National Health Act 1953
Section 4 (subparagraphs (aa) (i) and (ii) of the definition of "pensioner"):
Omit the subparagraphs, substitute:
"(i) to whom or in respect of whom sickness allowance is
payable under the Social Security Act 1991: or
(ii) to whom or in respect of whom rehabilitation allowance is payable under the Social Security Act 1991 in place of sickness benefit;".

SOCIAL SECURITY (DISABILITY AND SICKNESS SUPPORT) AMENDMENT ACT 1991 No. 141, 1991 - SCHEDULE 2

SCHEDULE 2 Section 25
NEW SCHEDULE 1B TO THE SOCIAL SECURITY ACT 1991
"SCHEDULE 1B
TABLES FOR ASSESSMENT OF IMPAIRMENT FOR DISABILITY
SUPPORT PENSION
(SCHEDULE 2 OMITTED)

NOTES ABOUT SECTION HEADINGS IN SOCIAL SECURITY ACT 1991
1. On the day on which subsections 1064 (1) and 1065 (1) are amended by the Schedule to this Act, the headings to sections 1064 and 1065 are altered by omitting "invalid" and substituting "disability support".
2. On the day on which paragraphs 1067 (1) (b) and 1068 (1) (b) are amended by the Schedule to this Act, the headings to sections 1067 and 1068 are altered by omitting "benefit" and substituting "allowance".