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Social Security Act 1991

Authoritative Version
  • - C2016C00929
  • In force - Superseded Version
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Act No. 46 of 1991 as amended, taking into account amendments up to Budget Savings (Omnibus) Act 2016
An Act to provide for the payment of certain pensions, benefits and allowances, and for related purposes
Administered by: Attorney-General's; Social Services; Employment
Registered 12 Oct 2016
Start Date 01 Oct 2016
End Date 30 Dec 2016
Table of contents.

Social Security Act 1991

No. 46, 1991

Compilation No. 151

Compilation date:                              1 October 2016

Includes amendments up to:            Act No. 55, 2016

Registered:                                         12 October 2016

This compilation is in 5 volumes

Volume 1:       sections 1–660M

Volume 2:       sections 660XAA–1067L

Volume 3:       sections 1068–1237AB

                        Schedule

Volume 4:       Endnotes 1–4

Volume 5:       Endnote 5

Each volume has its own contents

 

About this compilation

This compilation

This is a compilation of the Social Security Act 1991 that shows the text of the law as amended and in force on 1 October 2016 (the compilation date).

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

Uncommenced amendments

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

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

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

Modifications

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

Self‑repealing provisions

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

  

  

  


Contents

Chapter 2—Pensions, benefits and allowances                               1

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

Division 1—Application of Part                                                                              1

660XAA............... Structure of Part.................................................................. 1

660XAB................ Time limits on claims of mature age allowance and grant of mature age partner allowance      1

Division 2—Qualification for mature age allowance and mature age partner allowance          3

Subdivision A—Qualification for mature age allowance                                3

660XBA................ Qualification for mature age allowance............................... 3

660XBB................ Assurance of support.......................................................... 4

660XBC................ Person may be treated as unemployed................................ 4

660XBE................ Unemployment due to industrial action............................... 5

Subdivision B—Qualification for mature age partner allowance                6

660XBI................. Qualification for mature age partner allowance................... 6

660XBJ................. Assurance of support.......................................................... 6

Division 3—Payability of mature age allowance and mature age partner allowance   7

Subdivision A—Payability of mature age allowance                                       7

660XCA................ Mature age allowance not payable if allowance rate nil....... 7

660XCF................ Multiple entitlement exclusion............................................ 7

660XCG................ Educational and other schemes exclusion........................... 8

Subdivision B—Payability of mature age partner allowance                        9

660XCI................. Mature age partner allowance not payable if allowance rate nil                9

660XCN................ Multiple entitlement exclusion............................................ 9

660XCO................ Educational schemes exclusion......................................... 10

660XCP................ Commonwealth funded employment program exclusion.. 10

Division 6—Rate of mature age allowance and mature age partner allowance               11

660XFA................ How to work out a person’s mature age allowance or mature age partner allowance               11

Division 11—Bereavement payments                                                                12

Subdivision A—Person receiving mature age allowance (death of partner)  12

660XKA................ Qualification for payments under this Subdivision........... 12

660XKB................ Continued payment of partner’s pension.......................... 14

660XKC................ Lump sum payable in some circumstances....................... 15

660XKD................ Adjustment of person’s mature age allowance rate........... 16

660XKE................ Effect of death of person entitled to payments under this Subdivision     17

660XKF................ Matters affecting payment of benefits under this Subdivision  19

Subdivision B—Death of person receiving mature age allowance              20

660XKG................ Death of recipient.............................................................. 20

Subdivision C—Continuation of mature age partner allowance where partner dies   20

660XKH................ Continuation of mature age partner allowance for bereavement period    20

660XKI................. Continued mature age partner allowance rate.................... 21

Subdivision D—Person receiving mature age partner allowance (death of partner)   21

660XKJ................. Qualification for payments under this Subdivision........... 21

660XKK................ Continued payment of partner’s allowance....................... 22

660XKL................ Lump sum payable in some circumstances....................... 22

660XKM............... Effect of death of person entitled to payments under this Subdivision     24

660XKN................ Matters affecting payment of benefits under this Subdivision  26

Part 2.12B—Mature age (post‑30 June 1996) allowance                             27

Division 1—Application of Part                                                                            27

660YAA............... Application of Part............................................................ 27

660YAB................ Time limits on claims for mature age allowance................ 27

Division 2—Qualification for mature age allowance                                28

660YBA................ Qualification for mature age allowance............................. 28

660YBB................ Assurance of support........................................................ 29

Division 3—Payability of mature age allowance                                         30

660YCA................ Mature age allowance not payable if allowance rate nil..... 30

660YCF................ Multiple entitlement exclusion.......................................... 30

660YCFA............. Newly arrived resident’s waiting period........................... 31

660YCFB.............. Duration of newly arrived resident’s waiting period......... 32

660YCG................ Educational and other schemes exclusion......................... 33

660YCH................ Maximum basic rate and remote area allowance not payable to CDEP Scheme participant      34

660YCI................. Exclusion for non‑payment period for job search allowance, newstart allowance or partner allowance   34

660YCJ................. Allowance not payable if assets value limit exceeded....... 34

660YCK................ Value of assets of members of couples............................. 36

660YCL................ Seasonal workers.............................................................. 36

Division 6—Rate of mature age allowance                                                     38

660YFA................ How to work out a person’s mature age allowance.......... 38

660YGI................. CDEP Scheme participant may accumulate mature age allowance           38

Division 11—Bereavement payments                                                                39

Subdivision A—Preliminary                                                                                 39

660YKA................ Surviving partner and deceased partner............................ 39

Subdivision B—Continuation of mature age allowance following death of recipient’s partner               39

660YKB................ Continuation of mature age allowance for bereavement period                39

Subdivision C—Bereavement payments for person receiving mature age allowance following death of the person’s partner                                                                                           40

660YKC................ Qualification for payments under this Subdivision........... 40

660YKD................ Continued payment of deceased partner’s previous entitlement               42

660YKE................ Lump sum payable in some circumstances....................... 42

660YKF................ Effect of death of surviving partner.................................. 44

660YKG................ Matters affecting payments under this Subdivision.......... 46

Subdivision D—Bereavement payment in respect of former CDEP Scheme participant            47

660YKH................ Calculation of bereavement payment in respect of former CDEP Scheme participant              47

Part 2.13A—Education entry payment                                                                  48

Division 1—Recipients of pension PP (single)                                                48

665A..................... Payment to recipient of pension PP (single)..................... 48

665B...................... Amount of section 665A payment.................................... 48

665C...................... Need for claim.................................................................. 48

Division 2—Recipients of disability support pension                                 49

665E...................... Payment to a disability support pensioner......................... 49

665F...................... Amount of section 665E payment..................................... 49

665G..................... Need for claim.................................................................. 49

Division 3—Widow B pension recipients                                                          50

665I....................... Payment to a widow B pensioner..................................... 50

665J....................... Amount of section 665I payment...................................... 50

665K...................... Need for claim.................................................................. 50

Division 4—Special benefit recipients                                                                51

665M..................... Payment to a special benefit recipient................................ 51

665N..................... Amount of section 665M payment................................... 51

665P...................... Need for claim.................................................................. 51

Division 6—Newstart allowance recipients                                                    52

665U..................... Payment to recipient.......................................................... 52

665V..................... Amount of section 665U payment.................................... 53

665W..................... Need for claim.................................................................. 53

Division 7—Mature age allowance recipient                                                 54

665Y..................... Payment to a mature age allowance recipient.................... 54

665Z...................... Amount of section 665Y payment.................................... 54

665ZA................... Need for claim.................................................................. 54

Division 8—Widow allowance recipients                                                         55

665ZC................... Payment to a widow allowance recipient.......................... 55

665ZD................... Amount of section 665ZC payment.................................. 56

665ZE.................... Need for claim.................................................................. 56

Division 8A—Carer payment recipients                                                          57

665ZFA................. Payment to a carer payment recipient................................ 57

665ZFB................. Amount of section 665ZFA payment............................... 57

665ZFC................. Need for claim.................................................................. 57

Division 9—Mature age partner allowance                                                   58

665ZG................... Payment to a mature age partner allowance recipient........ 58

665ZH................... Amount of section 665ZG payment.................................. 58

665ZJ.................... Need for claim.................................................................. 58

Division 10—Wife pension recipients                                                                 59

665ZL.................... Payment to a wife pensioner............................................. 59

665ZM.................. Amount of section 665ZL payment.................................. 59

665ZN................... Need for claim.................................................................. 59

Division 11—Partner allowance recipients                                                     60

665ZQ................... Payment to a partner allowance recipient.......................... 60

665ZR................... Amount of section 665ZQ payment.................................. 61

665ZS.................... Need for claim.................................................................. 61

Division 12—Recipients of PP (partnered)                                                     62

665ZU................... Payment to recipient of PP (partnered)............................. 62

665ZV................... Amount of section 665ZU payment.................................. 63

665ZW.................. Need for claim.................................................................. 63

Division 12A—Recipients of youth allowance (other)                              64

665ZX................... Payment to recipient of youth allowance (other)............... 64

665ZXA................ Amount of section 665ZX payment.................................. 65

665ZXB................ Need for claim.................................................................. 65

665ZXC................ Cessation of Division....................................................... 65

Division 13—Protection of education entry payment                               66

665ZY................... Education entry payment to be absolutely inalienable....... 66

665ZZ.................... Effect of garnishee or attachment order............................. 66

Division 14—Education entry payment supplement                                  68

665ZZA................. Qualification for education entry payment supplement..... 68

665ZZB................. Amount of education entry payment supplement.............. 68

665ZZC................. Separate claim not needed................................................. 68

665ZZD................. Education entry payment supplement taken to be part of education entry payment for purposes of social security law....................................................................... 68

665ZZE................. Cessation of Division....................................................... 69

Part 2.14—Sickness allowance                                                                                     70

Division 1—Qualification for and payability of sickness allowance  70

Subdivision A—Basic qualification                                                                     70

666........................ Qualification for sickness allowance................................. 70

667........................ Person undertaking rehabilitation program may qualify for sickness allowance      71

669........................ Time limit on qualification for sickness allowance............ 72

676........................ Liquid assets test waiting period....................................... 75

676A..................... Assurance of support........................................................ 78

Subdivision B—Situations where allowance not payable (general)            78

677........................ Sickness allowance not payable if allowance rate nil........ 78

680........................ Assets test—allowance not payable if assets value limit exceeded           79

681........................ Value of assets of members of couples............................. 80

685........................ Full‑time students............................................................. 81

686........................ Multiple entitlement exclusion.......................................... 81

Subdivision C—Situations where allowance not payable (waiting periods) 83

693........................ Ordinary waiting period.................................................... 83

694........................ Duration of ordinary waiting period................................. 84

696B...................... Newly arrived resident’s waiting period........................... 85

696C...................... Duration of newly arrived resident’s waiting period......... 86

697........................ Seasonal workers—preclusion period.............................. 87

Division 4—Rate of sickness allowance                                                            89

709........................ How to work out a person’s sickness allowance rate....... 89

Division 9—Bereavement payments                                                                   90

Subdivision AA—Death of partner                                                                      90

728PA................... Qualification for payments under this Subdivision........... 90

728PB................... Continued payment of partner’s pension or benefit.......... 91

728PC................... Lump sum payable in some circumstances....................... 91

728PD................... Adjustment of a person’s sickness allowance rate............ 93

728PE.................... Effect of death of person entitled to payments under this Subdivision     93

728PF.................... Matters affecting payments under this Subdivision.......... 95

Part 2.15—Special benefit                                                                                               97

Division 1—Qualification for and payability of special benefit           97

Subdivision A—Qualification                                                                               97

729........................ Qualification for special benefit........................................ 97

729A..................... Time limit on qualification for certain recipients of special benefit           102

729AA.................. Effect of industrial action on qualification conditions of certain claimants for special benefit  103

729B...................... Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks    105

729C...................... Consequence of subsection 729B(2) determination........ 105

730........................ Determination of period.................................................. 106

Subdivision AA—Activity test for certain nominated visa holders           106

731........................ Application of Subdivision............................................. 106

731A..................... Activity test..................................................................... 106

731B...................... Meaning of unsuitable work for the purposes of the activity test             108

731D..................... Persons in certain areas can be taken to comply with activity test            110

731DA.................. Relief from activity test—domestic violence etc.............. 111

731DB................... Relief from activity test—people with disabled children and other circumstances    113

731DC................... Persons may be treated as actively seeking etc. paid work 116

731E...................... Relief from activity test—special circumstances............. 117

731F...................... Relief from activity test—pre‑natal and post‑natal.......... 118

731G..................... Relief from activity test—people 55 and over who are engaged in work 118

731GA.................. Relief from activity test—certain principal carers and people with partial capacity to work     119

731H..................... Relief from activity test—dependent child...................... 119

731HA.................. Relief from activity test—persons who would be qualified for carer payment under section 197B, 197C, 197D or 197E........................................................................... 120

731HB................... Relief from activity test—persons who would be qualified for carer payment under section 197G or 197H........................................................................................ 122

731J....................... Relief from activity test—persons who would be qualified for carer payment under section 198 or for carer allowance........................................................................ 125

731JA.................... Relief from activity test—grant of temporary protection, humanitarian or safe haven visa       128

731K...................... Temporarily incapacitated person not required to satisfy activity test       128

731KA................... Time limit for exemption—Secretary satisfied person can undertake activity           129

Subdivision AB—Special Benefit Employment Pathway Plans for persons who are nominated visa holders      130

731L...................... Special Benefit Employment Pathway Plans—requirement to enter         130

731M..................... Special Benefit Employment Pathway Plans—terms...... 131

731N..................... Special Benefit Employment Pathway Plans—principal carers                133

731P...................... Special Benefit Employment Pathway Plans—people with partial capacity to work                133

731Q..................... Special Benefit Employment Pathway Plans—revocation of requirement to participate in approved program of work............................................................................... 134

731R...................... Special Benefit Employment Pathway Plans—suspension of plans in cases of domestic violence etc.    135

Subdivision B—Payability                                                                                   135

732........................ Special benefit not payable if benefit rate nil................... 135

733........................ Assets test—benefit not payable if assets value limit exceeded                135

734........................ Value of assets of members of couples........................... 137

735........................ Multiple entitlement exclusion........................................ 138

736........................ Secretary may require certain persons to attend courses or undertake work             139

737........................ Full‑time students........................................................... 140

738........................ Payments under certain education schemes..................... 141

739........................ SPB homeless person..................................................... 142

739A..................... Newly arrived resident’s waiting period......................... 142

739B...................... Secretary to act in accordance with guidelines................ 144

739C...................... Guidelines for exercise of Secretary’s powers under subsection 739A(7)               144

Subdivision D—Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches)                                                       145

745H..................... Situations where special benefit not payable for failure to comply with certain requirements  145

Subdivision E—Activities that do not give rise to employment under certain industrial relations legislation      145

745L...................... Activities that do not give rise to employment under certain industrial relations legislation     145

Subdivision F—Other situations where special benefit not payable to persons who are nominated visa holders 146

745M..................... Seasonal workers............................................................ 146

745N..................... Move to area of lower employment prospects................ 147

Division 4—Rate of special benefit                                                                    149

746........................ Rate of special benefit..................................................... 149

747........................ Approved program of work supplement for persons who are nominated visa holders            149

759........................ Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders 150

Division 9—Bereavement payments                                                                 152

Subdivision AA—Death of partner                                                                    152

768A..................... Qualification for payments under this Subdivision......... 152

768B...................... Continued payment of partner’s pension or benefit........ 153

768C...................... Lump sum payable in some circumstances..................... 153

768D..................... Adjustment of a person’s special benefit rate.................. 155

768E...................... Effect of death of person entitled to payments under this Subdivision     155

768F...................... Matters affecting payments under this Subdivision........ 157

Part 2.15A—Partner allowance                                                                                159

Division 1A—Application of Part                                                                      159

771........................ Time limits on claims for partner allowance.................... 159

Division 1—Qualification for and payability of partner allowance 160

Subdivision A—Qualification for partner allowance                                   160

771HA.................. Qualification for partner allowance................................. 160

771HB................... Unemployment due to industrial action........................... 162

Subdivision B—Payability of partner allowance                                          163

771HC................... Partner allowance not payable if allowance rate nil......... 163

771HF................... Assets test—allowance not payable if assets value limit exceeded           163

771HI.................... Multiple entitlement exclusion........................................ 164

771HJ.................... Educational schemes exclusion....................................... 165

771HK................... Maximum basic rate and remote area allowance not payable to CDEP Scheme participant      165

771HNA............... Newly arrived resident’s waiting period......................... 165

771HNB................ Duration of newly arrived resident’s waiting period....... 166

771HNC................ Seasonal workers............................................................ 166

Division 4—Rate of partner allowance                                                           168

771KA................... Rate of partner allowance if partner is not receiving special benefit         168

771KE................... Rate of partner allowance if partner receiving special benefit 168

771KN................... CDEP Scheme participant may accumulate partner allowance 168

Division 9—Bereavement payments                                                                 170

Subdivision A—Surviving partner and deceased partner defined            170

771NT................... Surviving partner and deceased partner.......................... 170

Subdivision B—Person to continue to receive partner allowance where person’s partner dies 170

771NU.................. Continuation of partner allowance for bereavement period 170

Subdivision C—Bereavement payments for person receiving partner allowance following death of the person’s partner                                                                                         172

771NV.................. Qualification for payments under this Subdivision......... 172

771NW.................. Continued payment of deceased partner’s benefit........... 173

771NX.................. Lump sum payable in some circumstances..................... 173

771NY.................. Effect of death of surviving partner................................ 177

771NZ................... Matters affecting payments under this Subdivision........ 179

Subdivision D—Bereavement payment in respect of former CDEP Scheme participant            180

771NZAA............. Calculation of bereavement payment in respect of former CDEP Scheme participant              180

Part 2.16—Special needs pensions                                                                           181

Division 1A—Time limit on grant of special needs wife pension       181

771P...................... Special needs wife pension not to be granted after 30 June 1995             181

Division 1B—Time limit on grant of other special needs pensions   182

771PA................... Special needs pensions not to be granted after 20 September 2000          182

Division 1—Qualifications for and payability of special needs pensions               183

Subdivision A—Qualification                                                                             183

772........................ Qualification for special needs age pension.................... 183

773........................ Qualification for special needs disability support pension 184

774........................ Qualification for special needs wife pension................... 184

778A..................... Special needs widow B pension not to be granted in certain cases           184

778........................ Qualification for special needs widow B pension........... 185

Subdivision B—Payability                                                                                   186

779........................ Special needs pension not payable if pension rate nil...... 186

783........................ Second special needs pension generally not payable after cancellation of initial pension         186

787........................ Multiple entitlement exclusion........................................ 187

Division 5—Rate of special needs pension                                                     189

796........................ How to work out a person’s special needs pension rate. 189

Special Needs Proportional Rate Calculator                                               190

Module A—Overall rate calculation process                                                  190

Module B—Australian working life residence                                               191

Module C—Residence factor                                                                               194

Division 10—Bereavement payments                                                              195

Subdivision A—Death of partner                                                                       195

822........................ Qualification for payments under this Subdivision......... 195

823........................ Continued payment of deceased partner’s previous entitlement               197

824........................ Lump sum payable in some circumstances..................... 197

825........................ Adjustment of rate of person’s special needs pension.... 199

826........................ Effect of death of person entitled to payments under this Subdivision     200

827........................ Matters affecting payment of benefits under this Subdivision  201

Subdivision C—Death of recipient                                                                     202

830........................ Death of recipient............................................................ 202

Part 2.16A—Job commitment bonus                                                                     204

860........................ Simplified outline of this Part......................................... 204

861........................ Qualification for job commitment bonus......................... 204

862........................ Amount of job commitment bonus................................. 207

863........................ Non‑receipt of social security payment........................... 207

Part 2.17—Economic security strategy payment                                            208

900........................ Qualification for economic security strategy payment..... 208

901........................ Amount of economic security strategy payment—general 209

902........................ Amount of economic security strategy payment—person receiving carer allowance               210

Part 2.18—Training and learning bonus                                                             212

910........................ Qualification for training and learning bonus.................. 212

911........................ Amount of training and learning bonus.......................... 213

Part 2.18A—Clean energy payments                                                                     215

Division 1—Clean energy advances                                                                 215

Subdivision A—Qualifying for clean energy advances                               215

914........................ Recipients of certain social security payments................ 215

914A..................... Recipients of austudy, youth allowance, some disability support pensions and some special benefits     216

914B...................... Disregard nil rate in certain circumstances...................... 218

914C...................... Limits on qualifying for multiple advances..................... 218

Subdivision B—Amount of a clean energy advance                                     219

914D..................... Amount of a clean energy advance................................. 219

914E...................... Clean energy advance daily rate..................................... 219

914F...................... Number of advance days................................................ 224

Subdivision C—Top‑up payments of clean energy advance                       224

914G..................... Top‑up payments of clean energy advance..................... 224

Division 2—Quarterly energy supplement                                                    226

915........................ When quarterly energy supplement is payable................ 226

915A..................... Electing to receive quarterly energy supplement............. 226

915B...................... Rate of quarterly energy supplement............................... 227

Division 3—Low income supplement                                                                228

916A..................... Definitions...................................................................... 228

916B...................... Qualification for low income supplement....................... 228

916C...................... The income requirement.................................................. 230

916D..................... The excluded payment requirement................................. 232

916E...................... The tax requirement........................................................ 235

916F...................... The remaining requirements............................................ 237

916G..................... Availability of supplement.............................................. 237

916H..................... Non‑receipt of social security payment........................... 237

916J....................... Amount of supplement................................................... 238

Division 4—Essential medical equipment payment                                   239

917A..................... Definitions...................................................................... 239

917B...................... Qualification for essential medical equipment payment... 239

917C...................... The medical needs requirement....................................... 241

917D..................... The concession card requirement.................................... 242

917E...................... The energy account requirement..................................... 242

917F...................... Availability of payments................................................. 243

917G..................... Amount of payment........................................................ 244

917H..................... Non‑receipt of social security payment........................... 244

Division 5—Multiple qualification exclusions                                              245

918........................ Multiple qualification exclusions.................................... 245

Part 2.18B—Income support bonus                                                                       246

919........................ Qualification for an income support bonus..................... 246

920........................ Amount of income support bonus.................................. 247

921........................ Non‑receipt of social security payment........................... 248

Part 2.19—Carer allowance                                                                                        249

Division 1—Interpretation                                                                                     249

952........................ Carer allowance definitions............................................. 249

Division 2—Qualification for and payability of carer allowance     250

Subdivision A—Qualification                                                                             250

953........................ Qualification for carer allowance—caring for either 1 or 2 disabled children           250

953A..................... Remaining qualified for carer allowance up to 3 months after child turns 16           251

954........................ Qualification for carer allowance—caring for a disabled adult in a private home of both the adult and the carer........................................................................................ 253

954A..................... Qualification for carer allowance—caring for a disabled adult in a private home not shared by the adult and carer................................................................................ 254

954B...................... Qualification for carer allowance—receiving carer payment for caring for child or children    255

955........................ Qualification for carer allowance—hospitalisation.......... 256

956........................ Absence from Australia.................................................. 257

957........................ Effect of cessation of care etc. on carer allowance.......... 257

Subdivision B—Limitations on payability                                                      259

958........................ Carer allowance not payable if allowance rate nil............ 259

964........................ Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made........................................................................................ 259

965........................ Carer allowance not payable to more than one member of a couple         259

Division 5—Rate of carer allowance                                                               261

974........................ Rate of carer allowance................................................... 261

Division 6—Multiple qualification for carer allowance for same care receiver or receivers   263

981........................ Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers.................................................................. 263

Division 10—Bereavement payments (death of disabled child or adult)               264

Subdivision A—Death of disabled child                                                           264

992J....................... Continued carer allowance during bereavement rate continuation period where disabled child dies         264

992K...................... Lump sum payable in some circumstances..................... 264

Subdivision B—Death of disabled child (special short‑term assistance)  266

992L...................... Continuation of qualification for carer allowance for 4 weeks in some cases where recipient’s disabled child dies................................................................................. 266

Subdivision BA—Death of disabled adult                                                        266

992LA................... Continued carer allowance during bereavement rate continuation period where disabled adult dies         266

992LB................... Lump sum payable in some circumstances..................... 267

Subdivision C—Death of recipient                                                                     268

992M..................... Death of recipient............................................................ 268

Part 2.19AA—Child disability assistance                                                            270

992MA.................. Child disability assistance definitions............................. 270

992MB.................. Qualification for child disability assistance..................... 270

992MC.................. Eligible care receivers..................................................... 271

992MD.................. Amount of child disability assistance.............................. 271

Part 2.19A—One‑off payments to carers eligible for carer allowance 272

Division 1—One‑off payment to carers eligible for carer allowance 272

992N..................... One‑off payment to carers (carer allowance related)....... 272

992O..................... In respect of what care receivers is the payment payable? 272

992P...................... What is the amount of the payment?............................... 273

Division 2—2005 one‑off payment to carers eligible for carer allowance           274

992Q..................... 2005 one‑off payment to carers (carer allowance related) 274

992R...................... In respect of what care receivers is the payment payable? 274

992S...................... What is the amount of the payment?............................... 275

Division 3—2006 one‑off payment to carers eligible for carer allowance           276

992T...................... 2006 one‑off payment to carers (carer allowance related) 276

992U..................... In respect of which care receivers is the payment payable? 276

992V..................... Amount of the one‑off payment...................................... 277

Division 4—2007 one‑off payment to carers eligible for carer allowance           278

992WA.................. 2007 one‑off payment to carers (carer allowance related) 278

992WB.................. Eligible care receivers..................................................... 278

992WC.................. Amount of the one‑off payment...................................... 279

Division 5—2008 one‑off payment to carers eligible for carer allowance           280

992WD.................. 2008 one‑off payment to carers (carer allowance related) 280

992WE.................. Eligible care receivers..................................................... 280

992WF.................. Amount of the one‑off payment...................................... 281

Part 2.19B—Carer supplement                                                                                 282

992X..................... Carer supplement............................................................ 282

Part 2.20—Double orphan pension                                                                         286

Division 1—DOP child status                                                                               286

993........................ Double orphan—not refugee.......................................... 286

994........................ Double orphan—refugee................................................ 287

995........................ Refugee child.................................................................. 288

996........................ Long‑term prisoner......................................................... 288

997........................ Patient on a long‑term basis............................................ 289

998........................ Person uncontactable...................................................... 289

Division 2—Qualification for and payability of double orphan pension               290

Subdivision A—Qualification                                                                             290

999........................ Qualification for double orphan pension......................... 290

Subdivision B—Payability                                                                                   291

1003...................... Double orphan pension not payable for child receiving a pension under the Veterans’ Entitlements Act........................................................................................ 291

Division 5—Rate of double orphan pension                                                 292

1010...................... Rate of double orphan pension....................................... 292

Division 10—Bereavement payments (death of DOP child)                295

Subdivision A—Death of DOP child (General)                                               295

1033...................... Continued double orphan pension during bereavement rate continuation period where DOP child dies  295

1034...................... Lump sum payable in some circumstances..................... 295

Subdivision AA—Death of dependent child (special short‑term assistance) 296

1034AA................ Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient’s DOP child dies......................................................................... 296

Subdivision B—Death of recipient                                                                     297

1034A................... Death of recipient............................................................ 297

Part 2.21—Mobility allowance                                                                                   299

Division 1—Qualification for and payability of mobility allowance 299

Subdivision A—Qualification                                                                             299

1035...................... Qualification for mobility allowance (rate specified in subsection 1044(1))             299

1035A................... Qualification for mobility allowance (rate specified in subsection 1044(1A))          303

Subdivision B—Payability                                                                                   309

1036...................... Mobility allowance not payable at 2 rates....................... 309

1037...................... Mobility allowance not payable where person receiving motor vehicle assistance   309

1038...................... Mobility allowance not payable when person is NDIS participant           309

1039AA................ Newly arrived resident’s waiting period......................... 310

1039AB................. Duration of newly arrived resident’s waiting period....... 310

Division 2—Rate of mobility allowance                                                          311

1044...................... Rate of mobility allowance.............................................. 311

1044A................... Reduction of the advance payment period....................... 311

Division 3—Mobility allowance advance                                                       313

1045...................... Qualification for mobility advance.................................. 313

Division 4Continuation                                                                                       314

1046...................... Continuation of mobility allowance when person ceases to be qualified  314

Part 2.21A—Language, literacy and numeracy supplement                  318

Division 1—Preliminary                                                                                          318

1047...................... Definition........................................................................ 318

Division 2—Qualification for language, literacy and numeracy supplement     319

1048...................... General statement of qualification................................... 319

Division 3—Circumstances where language, literacy and numeracy supplement not payable                320

1049...................... Language, literacy and numeracy supplement not payable in certain circumstances 320

Division 4—Rate increase relating to language, literacy and numeracy supplement    321

1050...................... Rate increase attributable to language, literacy and numeracy supplement                321

Part 2.22—Advance payments of social security entitlements                322

Division 1—Qualification for advance payment                                        322

1061A................... Qualification for advance payment.................................. 322

Division 2—Applying for advance payment                                                 325

1061B.................... Application..................................................................... 325

1061C.................... Form of application......................................................... 325

1061D................... Lodgment of application................................................. 325

1061E.................... Application may be withdrawn....................................... 325

Division 3—Determination of application and payment of advance payment   326

1061EA................. Secretary to determine application................................... 326

1061EB................. Payment of advance payment.......................................... 326

Division 4—Amount of advance payment                                                     327

1061ECA.............. Amount of advance payment—age, disability support, wife and widow B pensions and carer payment 327

1061ED................. Amount of advance payment—pension PP (single)....... 328

1061EE.................. Amount of advance payment—certain other social security payments     330

Division 5—Payment of advance payment                                                    333

1061EI................... Advance payment to be paid to person or nominee......... 333

1061EJ.................. Payment into bank account etc........................................ 333

Division 6—Protection of advance payment                                                335

1061EK................. Advance payment to be absolutely inalienable................ 335

Division 7—Repayment of advance payment                                              336

1061EL.................. Repayment of advance payment...................................... 336

Part 2.22A—Special employment advances                                                       337

Division 1—Qualification for special employment advance                337

1061EM................ Qualification for special employment advance................ 337

1061EN................. Meaning of in severe financial hardship........................ 339

1061EO................. Person not qualified in certain circumstances.................. 339

Division 4—Amount of special employment advance                              341

1061EW................ Where claim based on effect of unreceived income on special employment advance qualifying entitlement........................................................................................ 341

1061EX................. Where claim based on claimant’s need for financial assistance to take up offered employment               341

Division 7—Repayment of special employment advance                      344

1061EZC............... Repayment of special employment advance.................... 344

Part 2.23—Advance pharmaceutical allowance                                              345

Division 1—Qualification for and payability of advance pharmaceutical allowance    345

1061F.................... Qualification for advance pharmaceutical allowance....... 345

1061G................... Advance pharmaceutical allowance not payable in some circumstances   345

Division 3—Amount of advance pharmaceutical allowance               347

1061JC.................. Amount of advance pharmaceutical allowance................ 347

1061JD.................. Annual limit.................................................................... 347

Part 2.23A—Crisis payment                                                                                        348

Division 1—Qualification for crisis payment                                               348

1061JG.................. Qualification—release from gaol or psychiatric confinement 348

1061JH.................. Qualification—extreme circumstances forcing departure from home       349

1061JHA............... Qualification—remaining in home after removal of family member due to domestic or family violence  350

1061JI................... Qualification—humanitarian entrant to Australia............ 351

1061JJ................... Crisis payment not payable in addition to disaster relief payment            351

1061JK.................. Crisis payment not payable if assurance of support in force 352

1061JL.................. Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme          352

Division 4—Amount of crisis payment                                                            353

1061JU.................. Amount of payment........................................................ 353

Part 2.23B—Disaster Recovery Allowance                                                        355

Division 1—Qualification for Disaster Recovery Allowance              355

1061KA................. Qualification for Disaster Recovery Allowance.............. 355

1061KB................. Disaster Recovery Allowance not payable if assurance of support in force             357

Division 2—Rate of Disaster Recovery Allowance                                  358

1061KC................. Rate of Disaster Recovery Allowance............................ 358

Division 3—Other matters                                                                                     359

1061KD................. Period that Disaster Recovery Allowance is payable...... 359

1061KE................. Non‑receipt of social security payment........................... 359

Part 2.24—Australian Government Disaster Recovery Payment        360

Division 1—Qualification for Australian Government Disaster Recovery Payment     360

1061K.................... Qualification for Australian Government Disaster Recovery Payment    360

1061L.................... Meaning of adversely affected........................................ 361

Division 2—Amount of Australian Government Disaster Recovery Payment  362

1061M................... Amount of payment for disasters in Australia................ 362

1061N................... Amount of payment for disasters outside Australia........ 363

1061P.................... Determinations of rates................................................... 363

Division 3—Recoverable payments etc.                                                         365

1061PAAA........... Recoverable payments.................................................... 365

1061PAAB........... Recoverable death payments........................................... 365

1061PAAC........... Reports about recoverable payments and recoverable death payments     366

1061PAAD........... Review of decisions........................................................ 369

1061PAAE............ Department official......................................................... 369

Part 2.24AA—Australian Victim of Terrorism Overseas Payment    370

Division 1—Qualification for Australian Victim of Terrorism Overseas Payment        370

1061PAA.............. Qualification for Australian Victim of Terrorism Overseas Payment       370

1061PAB.............. Whether a person can be qualified for more than one AVTOP in relation to the same terrorist act          371

Division 2—Payability of Australian Victim of Terrorism Overseas Payment to secondary victims   373

1061PAC.............. When AVTOP for secondary victims is not payable...... 373

Division 3—Amount of Australian Victim of Terrorism Overseas Payment     374

1061PAD.............. Amount of AVTOP for a primary victim....................... 374

1061PAE............... Amount of AVTOP for a secondary victim.................... 374

1061PAF............... AVTOP Principles......................................................... 375

Division 4—Other                                                                                                       377

1061PAG.............. Consultation on the AVTOP Principles.......................... 377

1061PAH.............. AVTOP is not compensation or damages....................... 377

Part 2.24A—Pensioner education supplement                                                 378

Division 1—Qualification for pensioner education supplement         378

Subdivision A—The basic rules                                                                          378

1061PA................. Qualification for pensioner education supplement.......... 378

Subdivision B—Undertaking qualifying study                                               378

1061PB................. Undertaking qualifying study......................................... 378

1061PC................. Approved course of education or study.......................... 381

1061PD................. Full‑time students........................................................... 381

1061PE.................. Concessional study‑load students................................... 382

1061PF.................. Normal amount of full‑time study................................... 385

1061PG................. First fortnight of classes................................................. 385

1061PH................. Progress rules—secondary students............................... 386

1061PI................... Progress rules—tertiary students.................................... 387

Subdivision C—Payments attracting pensioner education supplement   392

1061PJ.................. Payments attracting pensioner education supplement...... 392

Subdivision D—Pensioner education supplement age                                  397

1061PK................. Pensioner education supplement age............................... 397

1061PL.................. When a person is regarded as independent..................... 398

Subdivision E—Residency                                                                                   400

1061PM................ Residency requirements.................................................. 400

1061PN................. Absence of persons overseas.......................................... 400

Division 2—Situations in which pensioner education supplement is not payable              402

Subdivision C—Newly arrived resident’s waiting period                            402

1061PT.................. Pensioner education supplement not payable during newly arrived resident’s waiting period 402

1061PU................. Newly arrived resident’s waiting period......................... 402

1061PV................. Length of newly arrived resident’s waiting period.......... 403

Subdivision D—Multiple entitlement exclusion                                              404

1061PW................ Meaning of multiple entitlement exclusion...................... 404

1061PX................. Multiple entitlement exclusion........................................ 404

Division 5—Rate of pensioner education supplement                             405

1061PZG............... Rate of pensioner education supplement......................... 405

Part 2.25—Telephone allowance                                                                              407

Division 1—Qualification for and payability of telephone allowance 407

1061Q................... Qualification for telephone allowance............................. 407

1061R.................... Telephone allowance not payable in some circumstances 414

Division 2—Rate of telephone allowance                                                       416

1061S.................... Standard rate of telephone allowance.............................. 416

1061SA................. Increased rate of telephone allowance............................. 418

1061SB................. Increased rate of telephone allowance for home internet. 420

Part 2.25A—Utilities allowance                                                                                 422

Division 1—Qualification for and payability of utilities allowance 422

1061T.................... Qualification for utilities allowance................................. 422

1061TA................. When utilities allowance is payable................................. 423

Division 2—Rate of utilities allowance                                                            424

1061TB................. Rate of utilities allowance............................................... 424

Part 2.25B—Energy supplement                                                                              425

Division 1—Qualification and payability                                                       425

1061U................... Qualification for energy supplement............................... 425

1061UA................ When energy supplement is payable............................... 425

Division 2—Rate of energy supplement                                                          426

1061UB................. Rate of energy supplement.............................................. 426

Part 2.25C—Quarterly pension supplement                                                     427

1061V................... When this Part applies.................................................... 427

1061VA................ Quarterly pension supplement........................................ 427

1061VB................. Rate of quarterly pension supplement............................. 428

Part 2.26—Fares allowance                                                                                         429

Division 1—Qualification for fares allowance                                            429

1061ZAAA........... Qualification for fares allowance.................................... 429

1061ZAAB........... Journey by person who is not an external student.......... 431

1061ZAAC........... Journey by person who is an external student................ 431

Division 3—Amount of fares allowance                                                         433

1061ZAAJ............ Fares allowance for public transport............................... 433

1061ZAAK........... Fares allowance for private transport.............................. 433

Part 2.27—Northern Territory CDEP transition payment                     436

Division 1—Qualification for and payability of Northern Territory CDEP transition payment            436

Subdivision A—Qualification for Northern Territory CDEP transition payment       436

1061ZAAL............ Qualification for Northern Territory CDEP transition payment               436

1061ZAAM.......... Northern Territory CDEP transition day......................... 437

Subdivision B—Payability of Northern Territory CDEP transition payment               437

1061ZAAN........... Northern Territory CDEP transition payment only payable if certain claim criteria met           437

1061ZAAO........... Northern Territory CDEP transition payment not payable while CDEP Scheme payments being received........................................................................................ 438

1061ZAAP............ Northern Territory CDEP transition payment not payable if rate too low                438

1061ZAAQ........... Northern Territory CDEP transition payment not payable if compliance penalty period applies              438

1061ZAAR........... Northern Territory CDEP transition payment not payable from 1 July 2008           439

Division 2—Rate of Northern Territory CDEP transition payment 440

1061ZAAS............ Rate of Northern Territory CDEP transition payment..... 440

1061ZAAT............ Pre‑transition fortnightly income.................................... 440

1061ZAAU........... Post‑transition fortnightly income................................... 441

1061ZAAV........... Maximum rate of Northern Territory CDEP transition payment              442

Division 3—Miscellaneous                                                                                     443

1061ZAAW.......... Northern Territory CDEP transition payment rules........ 443

Chapter 2A—Benefits and concessions other than payments             444

Part 2A.1—Concession cards                                                                                     444

Division 1—Qualification for, and issue of, pensioner concession card                444

1061ZA................. General qualification rules.............................................. 444

1061ZB................. Extended qualification rule: former recipient of mature age allowance etc.               446

1061ZC................. Extended qualification rule: long‑term recipient of social security benefits              448

1061ZD................. Extended qualification rule: former recipient of disability support pension              451

1061ZDA.............. Extended qualification rule: former recipient of pension PP (single)        453

1061ZE.................. Extended qualification rule: former recipient of wife pension  454

1061ZEA............... Further extended qualification rule: loss of payment because of employment income              456

1061ZEB............... Extended qualification rule: persons with a partial capacity to work        459

1061ZEC............... Effect of compliance penalty periods.............................. 460

1061ZF.................. Issue of pensioner concession card................................. 461

Division 2—Qualification for seniors health card                                     462

1061ZG................. Qualification rules........................................................... 462

1061ZH................. Newly arrived resident’s waiting period......................... 463

1061ZI................... Duration of newly arrived resident’s waiting period....... 464

1061ZJ.................. Giving of copy of assessment of taxable income to Secretary  464

Division 3—Qualification for health care card                                          465

Subdivision A—Qualification for automatic issue health care card        465

1061ZK................. Qualification: general rules............................................. 465

1061ZM................ Qualification for health care card: employment‑affected person               467

1061ZMA............. Further extended qualification rule: loss of payment because of employment income              470

1061ZN................. Residence requirement.................................................... 471

1061ZNA.............. Effect of compliance penalty periods.............................. 472

Subdivision B—Qualification for health care cards for which claim required             473

1061ZO................. Qualification................................................................... 473

1061ZP.................. Person subject to newly arrived resident’s waiting period 475

1061ZQ................. Newly arrived resident’s waiting period......................... 475

1061ZR................. Duration of newly arrived resident’s waiting period....... 476

Subdivision C—Miscellaneous provisions relating to health care cards 476

1061ZS.................. Issue of health care cards................................................ 476

1061ZT.................. Certain dependants not qualified for health care card...... 476

Division 4—Non‑cancellation of concession cards for temporary overseas absences   478

1061ZUA.............. Persons to whom Division applies................................. 478

1061ZUB.............. Non‑cancellation of concession cards for temporary overseas absences  478

1061ZUC.............. Extension cards............................................................... 479

Chapter 2AA—Student start‑up loans                                                481

Part 2AA.1—Introduction                                                                                            481

1061ZVAA........... Simplified outline of this Chapter................................... 481

Part 2AA.2—Qualification for and amount of student start‑up loan 482

1061ZVBA........... Simplified outline of this Part......................................... 482

1061ZVBB............ Qualification for student start‑up loan............................. 482

1061ZVBC............ Circumstances in which person is not qualified for student start‑up loan 484

1061ZVBD........... Amount of student start‑up loan..................................... 485

Part 2AA.3—Indebtedness                                                                                           486

Division 1—Introduction                                                                                        486

1061ZVCA........... Simplified outline of this Part......................................... 486

Division 2—Incurring SSL debts                                                                        487

1061ZVDA........... SSL debts....................................................................... 487

1061ZVDB........... SSL debt discharged by death......................................... 488

1061ZVDC........... Notice to Commissioner................................................. 488

Division 3—Working out accumulated SSL debts                                     489

1061ZVEA............ Simplified outline of this Division.................................. 489

1061ZVEB............ Stage 1—working out a former accumulated SSL debt.. 489

1061ZVEC............ Stage 2—working out an accumulated SSL debt............ 491

1061ZVED............ Rounding of amounts..................................................... 492

1061ZVEE............ Accumulated SSL debt discharges earlier debts.............. 492

1061ZVEF............ Accumulated SSL debt discharged by death................... 492

Part 2AA.4—Discharge of indebtedness                                                             493

Division 1—Introduction                                                                                        493

1061ZVFA............ Simplified outline of this Part......................................... 493

1061ZVFB............ Debts under this Chapter................................................ 493

Division 2—Voluntary discharge of indebtedness                                     494

1061ZVGA........... Voluntary SSL repayments in respect of debts............... 494

1061ZVGB........... Application of voluntary SSL repayments...................... 494

1061ZVGC........... Refunding of payments................................................... 494

Division 3—Compulsory discharge of indebtedness                                496

Subdivision A—Liability to repay amounts                                                    496

1061ZVHA........... Liability to repay amounts............................................... 496

1061ZVHB........... Repayable SSL debt for an income year......................... 497

Subdivision B—Assessments                                                                                497

1061ZVHC........... Commissioner may make assessments........................... 497

1061ZVHD........... Notification of notices of assessment of tax.................... 498

1061ZVHE............ Commissioner may defer making assessments............... 498

1061ZVHF............ Commissioner may amend assessments......................... 499

Part 2AA.5—Tax administration matters                                                           501

1061ZVJA............ Simplified outline of this Part......................................... 501

1061ZVJB............. Verification of tax file numbers...................................... 501

1061ZVJC............. When person with tax file number incorrectly notifies number                501

1061ZVJD............ When person without tax file number incorrectly notifies number           502

1061ZVJE............. When tax file numbers are altered................................... 502

1061ZVJF............. When tax file numbers are cancelled............................... 503

1061ZVJG............ Returns, assessments, collection and recovery................ 503

1061ZVJH............ Charges and civil penalties for failing to meet obligations 503

1061ZVJJ.............. Pay as you go (PAYG) withholding.............................. 504

1061ZVJK............. Pay as you go (PAYG) instalments................................ 504

1061ZVJL............. Administration of this Chapter........................................ 504

Chapter 2B—Student Financial Supplement Scheme        505

Part 2B.1—Establishment of scheme                                                                     505

Division 1—Preliminary                                                                                          505

1061ZW................ Object of this Chapter..................................................... 505

1061ZX................. Outline of the scheme..................................................... 505

Division 2—Eligibility to obtain financial supplement                            507

1061ZY................. Eligibility to obtain financial supplement........................ 507

1061ZZ.................. Category 1 student.......................................................... 507

1061ZZA............... Category 2 student.......................................................... 508

1061ZZAA............ Failure by person to comply with request to provide person’s tax file number        509

1061ZZAB............ Failure by person to comply with request to provide the tax file number of a parent of the person          510

Division 3—Decision and notice about eligibility to obtain financial supplement             512

1061ZZAC............ Secretary’s decision........................................................ 512

1061ZZAD............ Revocation or variation of decision after review............. 513

1061ZZAE............ Transitional..................................................................... 513

Division 4—Agreements between Commonwealth and financial corporations 515

1061ZZAF............ Applications for financial supplement............................. 515

1061ZZAG............ Agreements..................................................................... 515

Division 5—Application for financial supplement                                     517

1061ZZAH............ When to apply................................................................. 517

1061ZZAI............. How to apply.................................................................. 517

1061ZZAJ............. Changing an application.................................................. 517

Division 6—Amount of financial supplement                                               518

Subdivision A—Category 1 students                                                                 518

1061ZZAK............ Maximum amount of financial supplement..................... 518

Subdivision B—Category 2 students                                                                 520

1061ZZAL............ Change in eligibility period............................................. 520

1061ZZAM........... Eligibility period (short course)...................................... 520

1061ZZAN............ Eligibility period (no short course)................................. 521

1061ZZAO............ Maximum amount of financial supplement..................... 522

Subdivision C—Provisions applying to both category 1 students and category 2 students         523

1061ZZAP............ Minimum amount of financial supplement...................... 523

1061ZZAQ............ Person doing more than one course................................ 523

Division 7—Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement                                                                        524

1061ZZAR............ Purpose of Division........................................................ 524

1061ZZAS............ Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement........................................................................................ 524

Division 8—Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education supplement                     525

Subdivision A—Purpose of Division                                                                 525

1061ZZAT............ Purpose of Division........................................................ 525

Subdivision B—When a person may repay youth allowance, austudy payment or pensioner education supplement to obtain or increase financial supplement                             525

1061ZZAU............ Election to repay youth allowance, austudy payment or pensioner education supplement        525

1061ZZAV............ Timing of repayment....................................................... 526

Subdivision C—Repayment                                                                                 527

1061ZZAW........... Effect of repayment......................................................... 527

Division 9—Financial supplement contracts                                                528

Subdivision A—Making a contract for payment of financial supplement 528

1061ZZAX............ Making a contract between person and participating corporation             528

1061ZZAY............ Existing contracts............................................................ 529

1061ZZAZ............ Liability for money paid under a financial supplement contract                529

1061ZZBA............ Validity of financial supplement contract........................ 529

Subdivision B—When a financial supplement contract can be cancelled 530

1061ZZBB............ Person has right to cancel financial supplement contract. 530

1061ZZBC............ How to cancel financial supplement contract.................. 530

1061ZZBD............ When to cancel financial supplement contract................. 530

1061ZZBE............. Payments made during cooling off period...................... 530

1061ZZBF............. Person may waive right to cancel contract...................... 531

1061ZZBG............ How to waive right to cancel contract............................. 531

1061ZZBH............ When to waive right to cancel contract............................ 531

Subdivision C—Financial supplement contract exempt from certain laws and taxes  531

1061ZZBI.............. Financial supplement contract exempt from certain laws and taxes          531

Division 10—Payment of financial supplement                                           533

1061ZZBJ............. Payment by instalments.................................................. 533

1061ZZBK............ Rounding off.................................................................. 533

1061ZZBL............. To whom instalments must be paid................................. 533

1061ZZBM........... Payment into bank account............................................. 534

Division 11—Protection of financial supplement                                       535

1061ZZBN............ Financial supplement to be absolutely inalienable........... 535

1061ZZBO............ Effect of garnishee or attachment order........................... 535

Division 12—Obligations of category 2 students                                       536

Subdivision A—Statements about tax file numbers                                       536

1061ZZBP............. Secretary may request person obtaining financial supplement to give statement of person’s tax file number........................................................................................ 536

1061ZZBQ............ Secretary may request person obtaining financial supplement to give statement of parent’s tax file number........................................................................................ 536

Subdivision B—Notice of events or changes in circumstances                   537

1061ZZBR............ Secretary may give notice requiring information............. 537

1061ZZBS............. Event or change relevant to payment............................... 538

1061ZZBT............. Formalities related to notice............................................ 538

1061ZZBU............ Validity of notice............................................................ 538

1061ZZBV............ Period within which information to be given.................. 538

1061ZZBW........... Refusal or failure to comply with notice......................... 539

1061ZZBX............ Application overseas....................................................... 540

Subdivision C—Notice about a matter relevant to payment of financial supplement  540

1061ZZBY............ Secretary may give notice requiring statement on matter. 540

1061ZZBZ............. Formalities related to notice............................................ 540

1061ZZCA............ Validity of notice............................................................ 541

1061ZZCB............ Period within which statement to be given...................... 541

1061ZZCC............ Statement must be in approved form............................... 541

1061ZZCD............ Refusal or failure to comply with notice......................... 541

1061ZZCE............. Application overseas....................................................... 542

Division 13—Early repayments of financial supplement                       543

Subdivision A—Calculation and notification of amount outstanding under financial supplement contract         543

1061ZZCF............. Application of Subdivision............................................. 543

1061ZZCG............ Calculation of amount outstanding under financial supplement contract before 1 June in the year after the year in which the contract was made...................................... 543

1061ZZCH............ Calculation of amount outstanding under financial supplement contract at a later time             543

1061ZZCI.............. Notification of amount outstanding................................. 545

Subdivision B—Person’s rights to make repayments during contract period                546

1061ZZCJ............. Person not required to, but may, make repayments during contract period              546

1061ZZCK............ What happens if person makes an excess repayment...... 546

1061ZZCL............. Amount repaid not to include certain amounts................ 546

1061ZZCM........... How to work out discount.............................................. 547

1061ZZCN............ Effect of making a repayment during contract period...... 547

1061ZZCO............ Rights and liabilities of participating corporation if repayment made       550

Subdivision C—What happens at the end of the contract period               550

1061ZZCP............. Corporation’s rights at end of contract period................. 550

1061ZZCQ............ Termination notice.......................................................... 550

1061ZZCR............ Secretary may give notice correcting information in previous notice        551

1061ZZCS............. Person may request notice to be corrected...................... 551

1061ZZCT............. Effect of notices and requests......................................... 552

Part 2B.2—Payments of financial supplement under scheme to stop in certain circumstances                553

Division 1—Payments to stop at request of recipient                              553

1061ZZCU............ Person may ask for payment to stop............................... 553

1061ZZCV............ Effect of notice................................................................ 553

Division 2—Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount                                               554

Subdivision A—Notice that payments are to stop                                          554

1061ZZCW........... Secretary must give notice to person and corporation..... 554

1061ZZCX............ Effect of notice................................................................ 555

1061ZZCY............ This Subdivision is subject to sections 1061ZZFS and 1061ZZFT         555

Subdivision B—Original amount paid because person failed to notify change of circumstances            555

1061ZZCZ............. Secretary may give notice to person and corporation...... 555

1061ZZDA............ Effect of notice................................................................ 557

1061ZZDB............ Transfer of corporation’s rights to Commonwealth........ 557

1061ZZDC............ Apportionment of financial supplement.......................... 558

1061ZZDD............ Liability of Commonwealth to corporation..................... 558

1061ZZDE............ Liability of person to Commonwealth............................. 558

1061ZZDF............ This Subdivision not to affect Subdivision A................. 559

Subdivision C—Original amount paid because of false or misleading information    559

1061ZZDG............ Secretary may give notice to person and corporation...... 559

1061ZZDH............ Effect of notice................................................................ 560

1061ZZDI............. Transfer of corporation’s rights to Commonwealth........ 560

1061ZZDJ............. Apportionment of financial supplement.......................... 560

1061ZZDK............ Liability of Commonwealth to corporation..................... 561

1061ZZDL............ Liability of person to Commonwealth............................. 561

1061ZZDM........... This Subdivision not to affect Subdivision A................. 561

Division 3—Payments to stop if person ceases to be eligible to obtain financial supplement     562

Subdivision A—Notice that payments are to stop                                          562

1061ZZDN............ Secretary must give notice to person and corporation..... 562

1061ZZDO............ Effect of notice................................................................ 562

1061ZZDP............ This Subdivision is subject to sections 1061ZZFS and 1061ZZFT         563

Subdivision B—Financial supplement paid because person failed to notify change of circumstances    563

1061ZZDQ............ Secretary may give notice to person and corporation...... 563

1061ZZDR............ Effect of notice................................................................ 564

1061ZZDS............ Transfer of corporation’s rights to Commonwealth........ 565

1061ZZDT............ Apportionment of financial supplement.......................... 565

1061ZZDU............ Liability of Commonwealth to corporation..................... 566

1061ZZDV............ Liability of person to Commonwealth............................. 566

1061ZZDW........... This Subdivision not to affect Subdivision A................. 566

Division 4—Payments to stop if person is found never to have been eligible to obtain financial supplement                                                                                            567

Subdivision A—Notice that payments are to stop                                          567

1061ZZDX............ Secretary must give notice to person and corporation..... 567

1061ZZDY............ Effect of notice................................................................ 567

1061ZZDZ............ This Subdivision is subject to sections 1061ZZFS and 1061ZZFT         568

Subdivision B—Financial supplement paid because of false or misleading information           568

1061ZZEA............ Secretary may give notice to person and corporation...... 568

1061ZZEB............. Effect of notice................................................................ 568

1061ZZEC............. Transfer of corporation’s rights to Commonwealth........ 569

1061ZZED............ Liability of Commonwealth to corporation..................... 569

1061ZZEE............. Liability of person........................................................... 569

1061ZZEF............. Definitions...................................................................... 570

1061ZZEG............ This Subdivision not to affect Subdivision A................. 570

Division 5—Payments to stop if person dies                                                 571

1061ZZEH............ Secretary may give notice to corporation if other party to contract dies    571

1061ZZEI.............. Effect of notice................................................................ 571

1061ZZEJ.............. Discharge of corporation’s liability................................. 571

1061ZZEK............. Transfer of corporation’s rights to Commonwealth........ 571

1061ZZEL............. Liability of Commonwealth to corporation..................... 572

1061ZZEM............ Discharge of person’s liability........................................ 572

Part 2B.3—Repayment of financial supplement through taxation system after termination date          573

Division 1—Purpose and application of Part                                               573

1061ZZEN............ Purpose and application of Part...................................... 573

1061ZZENA......... Extent of Commissioner of Taxation’s general administration of this Part               573

Division 2—FS debt and accumulated FS debt                                            574

1061ZZEO............ FS debt owed by person................................................. 574

1061ZZEP............. How to work out FS debt............................................... 574

1061ZZEQ............ Accumulated FS debt incurred by person....................... 574

1061ZZER............. How to work out accumulated FS debt........................... 575

1061ZZES............. Adjusted accumulated FS debt........................................ 575

1061ZZET............. Indexation factor............................................................. 577

1061ZZEU............ Accumulated FS debt discharges earlier debts................ 578

Division 3—Information to be given to Commissioner of Taxation 579

1061ZZEV............ Secretary to give notice to Commissioner of Taxation.... 579

1061ZZEW............ Secretary to give further notice to Commissioner of Taxation  579

1061ZZEX............ Secretary to give certificate to Commissioner of Taxation 580

Division 4—Voluntary repayments of FS debts                                         581

1061ZZEY............ Voluntary repayments of FS debts................................. 581

1061ZZEYA......... Refunding of payments................................................... 581

Division 5—Compulsory repayments in respect of accumulated FS debt            582

1061ZZEZ............. Compulsory payments in respect of accumulated FS debt 582

1061ZZFA............ Repayment income.......................................................... 582

1061ZZFB............. Minimum repayment income.......................................... 583

1061ZZFC............. Repayable debt for an income year................................. 583

1061ZZFD............ Amounts payable to the Commonwealth........................ 584

1061ZZFE............. Publishing indexed amounts........................................... 584

Division 6—Application of tax legislation                                                     586

1061ZZFG............ Application of tax legislation.......................................... 586

1061ZZFGA......... Charges and administrative penalties for failing to meet obligations        586

1061ZZFGB.......... Pay as you go (PAYG) withholding.............................. 586

1061ZZFGD......... Pay as you go (PAYG) instalments................................ 587

Division 7—Assessments                                                                                         588

1061ZZFH............ Commissioner of Taxation may make assessment.......... 588

1061ZZFI.............. Notice of assessment may be served............................... 588

Division 8—Commissioner of Taxation may delay assessment         589

1061ZZFJ.............. Commissioner of Taxation may delay assessment.......... 589

1061ZZFK............. Commissioner of Taxation may amend assessment........ 589

1061ZZFL............. When Commissioner of Taxation must make decision to delay or amend assessment             590

Division 9—Review of Commissioner of Taxation’s decision             591

1061ZZFM............ Application to Administrative Appeals Tribunal............. 591

Division 10—Treatment of payments under financial supplement scheme          592

1061ZZFN............ Payments not subject to taxation..................................... 592

1061ZZFO............ Application of payments................................................. 592

1061ZZFP............. Debt discharged by death................................................ 592

Part 2B.4—Miscellaneous                                                                                             593

Division 1—Application of the Bankruptcy Act 1966                             593

1061ZZFQ............ Application of Division.................................................. 593

1061ZZFR............. Treatment of debt............................................................ 593

Division 2—Review of decisions                                                                         595

1061ZZFS............. What happens if a decision of the Secretary is set aside.. 595

1061ZZFT............. What happens if a decision of the Secretary is varied..... 595

Division 3—Transfer of rights under this Chapter                                  596

1061ZZFU............ Notices of transfer.......................................................... 596

1061ZZFV............ Transfers not subject to State or Territory taxes.............. 596

Chapter 2C—Assurances of support                                                    597

Part 2C.1—Giving assurances                                                                                   597

1061ZZGA............ What is an assurance of support?.................................... 597

1061ZZGB............ Who may give an assurance of support?......................... 597

1061ZZGC............ How to give an assurance of support.............................. 598

Part 2C.2—Acceptance of assurances                                                                   600

1061ZZGD............ Accepting or rejecting an assurance of support............... 600

1061ZZGE............ Notices relating to an assurance of support..................... 601

Part 2C.3—Effect of accepted assurances                                                          603

1061ZZGEA......... Assurance cannot be withdrawn once visa issued.......... 603

1061ZZGF............ When an accepted assurance is in force.......................... 603

1061ZZGG............ Liability to pay for social security payments................... 604

Part 2C.4—Determinations                                                                                          605

1061ZZGH............ Determinations................................................................ 605

Part 2C.5—Assurances by unincorporated bodies                                       607

1061ZZGI............. Application of social security law to unincorporated bodies 607

Chapter 3—General provisions relating to payability and rates     609

Part 3.1—Rate Calculators (General)                                                                   609

1062...................... Steps in rate calculation................................................... 609

1063...................... Standard categories of family situations.......................... 609

Part 3.2—Pension Rate Calculator A                                                                    610

1064...................... Rate of age, disability support, wife pensions and carer payment (people who are not blind)  610

Pension Rate Calculator A                                                                                    613

Module A—Overall rate calculation process                                              613

Module B—Maximum basic rate                                                                        615

Module BA—Pension supplement                                                                      616

Module C—Energy supplement                                                                          618

Module E—Ordinary income test                                                                      618

Module F—Ordinary income for the purposes of disability support pension     622

Module G—Assets test                                                                                             627

Module H—Remote area allowance                                                                 630

Part 3.3—Pension Rate Calculator B                                                                    634

1065...................... Rate of age and disability support pension (blind people) 634

Pension Rate Calculator B                                                                                     636

Module A—Overall rate calculation process                                              636

Module B—Maximum basic rate                                                                        638

Module BA—Pension supplement                                                                      638

Module C—Energy supplement                                                                          640

Module E—Remote area allowance                                                                 641

Part 3.4—Pension Rate Calculator C                                                                    644

1066...................... Rate of bereavement allowance and widow B pension... 644

Pension Rate Calculator C                                                                                    645

Module A—Overall rate calculation process                                              645

Module B—Maximum basic rate                                                                        647

Module BA—Pension supplement                                                                      647

Module C—Energy supplement                                                                          648

Module E—Ordinary income test                                                                      649

Module G—Assets test                                                                                             651

Module H—Remote Area Allowance                                                               654

Part 3.4A—Pension Rate Calculator D                                                                657

1066A................... Rate of disability support pension (people under 21 who are not blind)  657

Pension Rate Calculator D                                                                                    658

Module A—Overall rate calculation process                                              658

Module B—Maximum basic rate                                                                        660

Module BA—Energy supplement                                                                       663

Module C—Youth disability supplement                                                        663

Module D—Pharmaceutical allowance                                                           664

Module F—Ordinary income test                                                                      667

Module G—Payments taken to be ordinary income                                670

Module H—Assets test                                                                                             675

Module I—Remote area allowance                                                                   678

Part 3.4B—Pension Rate Calculator E                                                                 681

1066B.................... Rate of disability support pension (people under 21 who are blind)        681

Pension Rate Calculator E                                                                                     682

Module A—Overall rate calculation process                                              682

Module B—Maximum basic rate                                                                        683

Module BA—Energy supplement                                                                       687

Module C—Youth disability supplement                                                        687

Module D—Pharmaceutical allowance                                                           688

Module F—Remote area allowance                                                                  691

Part 3.5—Youth Allowance Rate Calculator                                                    694

1067...................... Definitions...................................................................... 694

1067A................... When a person is regarded as independent..................... 695

1067B.................... Accommodated independent person............................... 702

1067C.................... Member of a YA couple................................................. 703

1067D................... Person required to live away from home........................ 706

1067E.................... Person living at home..................................................... 707

1067F.................... Long term income support student.................................. 707

1067G................... Rate of youth allowance.................................................. 708

Youth Allowance Rate Calculator                                                                     709

Module A—Overall rate calculation process                                              709

Module B—Maximum basic rate                                                                        711

Module BA—Energy supplement                                                                       716

Module C—Pharmaceutical allowance                                                           719

Module D—Youth disability supplement                                                        721

Module F—Parental income test                                                                        722

Submodule 1—Effect of parental income on maximum payment rate    722

Submodule 2—Application of parental income test                                      723

Submodule 3—Appropriate tax year                                                                723

Submodule 4—Combined parental income                                                     726

Submodule 5—Parental income free area                                                       729

Submodule 6—Reduction for parental income                                              729

Module H—Income test                                                                                           732

Module J—Student income bank                                                                        747

Module K—Remote area allowance                                                                 754

Module L—Table of pensions, benefits, allowances and compensation 757

Part 3.5A—Austudy Payment Rate Calculator                                              759

1067H................... Definitions...................................................................... 759

1067J..................... Person living at home..................................................... 759

1067K.................... Long term income support student.................................. 759

1067L.................... Rate of austudy payment................................................. 760

Austudy Payment Rate Calculator                                                                    761

Module A—Overall rate calculation process                                              761

Module B—Maximum basic rate                                                                        762

Module BA—Pension supplement                                                                      764

Module BB—Energy supplement                                                                       766

Module C—Pharmaceutical allowance                                                           767

Module D—Income test                                                                                           769

Module E—Student income bank                                                                       781

Module F—Remote area allowance                                                                  786


Chapter 2Pensions, benefits and allowances

Part 2.12AMature age (pre‑1 July 1996) allowances

Division 1Application of Part

660XAA  Structure of Part

                   Part 2.12A deals with 2 payment types, mature age allowance and mature age partner allowance:

•    Division 1 deals with the application of this Part.

•    Divisions 2, 3 and 11 are divided into Subdivisions that deal with either mature age allowance or mature age partner allowance.

•    Divisions 4 to 10 and 12 also deal with both mature age allowance and mature age partner allowance. The sections in those Divisions usually apply to both allowances (eg section 660XDA). However, sometimes a section is divided into subsections dealing with only one of the allowances (eg section 660XDG).

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

             (1)  In spite of any other provision of this Part, other than section 660XJO, a person is not to be granted a mature age allowance under this Part unless:

                     (a)  the person’s claim for the allowance was lodged on or before 30 June 1996; and

                     (b)  the person qualified for the allowance on or before that date.

            (2)   In spite of any other provision of this Part or any provision of the Administration Act, other than section 85, a person is not to be granted a mature age partner allowance unless:

                     (a)  the person’s claim for the allowance is lodged on or before 30 June 1995; and

                     (b)  the person qualifies for the allowance on or before 30 June 1995.

         (2A)   For the purposes of paragraph (1)(a), if subsection 660XCC(2) applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim.

             (3)  For the purposes of paragraph (2)(a), if section 15 of the Administration Act applies, the person is taken to have lodged his or her claim on the day on which the person makes his or her initial claim.

             (4)  In subsection (3):

initial claim has the same meaning as in section 15 of the Administration Act.

Division 2Qualification for mature age allowance and mature age partner allowance

Subdivision AQualification for mature age allowance

660XBA  Qualification for mature age allowance

             (1)  A person is qualified for mature age allowance if the person:

                     (a)  has turned 60 but has not reached pension age; and

                     (b)  satisfies the Secretary that the person is unemployed; and

                     (d)  has been receiving one or a combination of the following:

                              (i)  a social security pension;

                             (ii)  a social security benefit;

                           (iia)  a job search allowance;

                            (iii)  a service pension;

                            for a continuous period of at least 12 months immediately before a claim period day; and

                     (e)  has 10 years qualifying Australian residence, or has a qualifying residence exemption for a mature age allowance.

          (1B)  For the purposes of paragraph (1)(d), if a person ceases to receive one of the following:

                     (a)  a social security pension;

                     (b)  a social security benefit;

                   (ba)  a job search allowance;

                     (c)  a service pension;

for a period of less than 13 weeks, the person is taken to have been receiving the pension or benefit for that period.

Exemption from satisfying paragraphs (1)(c) and (d)

             (2)  The qualifications in paragraphs (1)(c) and (1)(d) do not apply if the person has previously received mature age allowance or mature age partner allowance.

             (4)  In this section, claim period day means:

                     (a)  the day on which the claim is lodged; or

                     (b)  any other day in the period of 3 months that starts immediately after the day on which the claim is lodged.

Note 1:       For pension age see section 23.

Note 5:       For qualifying Australian residence and qualifying residence exemption see section 7.

Note 6:       Exceptions to the qualification requirements in subsection (1) are set out in this Subdivision.

Note 7:       A mature age allowance is not payable in certain situations even if the person is qualified (see Subdivision A of Division 3).

660XBB  Assurance of support

                   A person is not qualified for mature age allowance on a day if the Secretary is satisfied that:

                     (a)  an assurance of support is in force in respect of the person (the assuree) on that day; and

                     (b)  the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and

                     (c)  it is reasonable for the assuree to accept that support.

Note:          For assurance of support see subsection 23(1).

660XBC  Person may be treated as unemployed

                   If:

                     (a)  a person undertakes paid work on a day; and

                     (b)  the Secretary is of the opinion that, taking into account:

                              (i)  the nature of the work; and

                             (ii)  the duration of the work; and

                            (iii)  any other matters relating to the work that the Secretary considers relevant;

                            the work should be disregarded;

the Secretary may treat the person as being unemployed on that day.

660XBE  Unemployment due to industrial action

             (1)  A person is not qualified for mature age allowance on a day unless the person satisfies the Secretary that the person’s unemployment on that day was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.

             (2)  A person is not qualified for mature age allowance on a day unless the Secretary is satisfied:

                     (a)  that the person’s unemployment on that day was due to other people being, or having been, engaged in industrial action or a series of industrial actions; and

                     (b)  the people, or some of the people, were members of a trade union which was involved in the industrial action; and

                     (c)  the person was not a member of the trade union on that day.

Note:          For industrial action, trade union and unemployment see section 16.

             (3)  Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for a mature age allowance on a day that occurs after the relevant industrial action or series of industrial actions has stopped.

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

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

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

                     (c)  the Federal Court of Australia; or

                     (d)  the Federal Circuit Court of Australia;

a person is not qualified for a mature age allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.

Subdivision BQualification for mature age partner allowance

660XBI  Qualification for mature age partner allowance

                   A person is qualified for mature age partner allowance if:

                     (a)  the person is a member of a couple; and

                     (b)  the person’s partner is receiving mature age allowance.

Note 1:       For member of a couple see section 4.

Note 2:       A person is not qualified if an assurance of support is in force (see section 660XBJ).

660XBJ  Assurance of support

                   A person is not qualified for mature age partner allowance on a day if the Secretary is satisfied that:

                     (a)  an assurance of support is in force in respect of the person (the assuree) on that day; and

                     (b)  the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and

                     (c)  it is reasonable for the assuree to accept that support.

Note:          For assurance of support see subsection 23(1).

Division 3Payability of mature age allowance and mature age partner allowance

Subdivision APayability of mature age allowance

660XCA  Mature age allowance not payable if allowance rate nil

             (1)  Subject to subsection (2), a mature age allowance is not payable to a person if the person’s mature age allowance rate would be nil.

             (2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  the social security law; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

660XCF  Multiple entitlement exclusion

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

             (2)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  another social security pension, a social security benefit or a service pension becomes payable to the person;

the mature age allowance is not payable to the person.

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

             (3)  A mature age allowance is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;

unless:

                     (c)  the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and

                     (d)  before 1 November 1986 the woman was also receiving a social security benefit.

Note 1:       For armed services widow see subsection 4(1).

Note 2:       A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate (see subsection 1064(5)).

             (4)  A mature age allowance is not payable to a man if:

                     (a)  the man is an armed services widower; and

                     (b)  the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note:          For armed services widower see subsection 4(1).

660XCG  Educational and other schemes exclusion

             (1)  If:

                     (a)  a payment is, or may be, made in respect of a person under:

                              (i)  a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part‑time students; or

                             (ii)  the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and

                     (b)  the payment relates to a period;

mature age allowance is not payable to the person in respect of any part of the period.

Note:          For prescribed educational scheme see section 5.

             (2)  If:

                     (a)  a person may enrol in a full‑time course of education; and

                     (b)  a payment under a scheme referred to in subsection (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person before the person starts the course.

Subdivision BPayability of mature age partner allowance

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

             (1)  Subject to subsection (2), a mature age partner allowance is not payable to a person if the person’s mature age partner allowance rate would be nil.

             (2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  the social security law; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

660XCN  Multiple entitlement exclusion

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

             (2)  If:

                     (a)  a person is receiving a mature age partner allowance; and

                     (b)  another social security pension, a social security benefit or a service pension becomes payable to the person;

the mature age partner allowance is not payable to the person.

Note 1:       Another payment type will generally not become payable to the person until the person claims it.

Note 2:       For the day on which the mature age partner allowance ceases to be payable see section 660XJB.

             (3)  A mature age partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

660XCO  Educational schemes exclusion

             (1)  If:

                     (a)  a payment has been, or may be, made in respect of a person under:

                             (ii)  the ABSTUDY Scheme; or

                            (iii)  a Student Financial Supplement Scheme; and

                     (b)  the payment relates to a period;

mature age partner allowance is not payable to the person in respect of any part of the period.

             (2)  If:

                     (a)  a person may enrol in a full‑time course of education; and

                     (b)  a payment under a scheme referred to in subsection (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (1), mature age partner allowance is payable to the person before the person starts the course.

660XCP  Commonwealth funded employment program exclusion

                   If:

                     (a)  a person receives, or may receive, income that is paid by a community or group from funds provided under a Commonwealth funded employment program; and

                     (b)  the income is paid in respect of a period;

mature age partner allowance is not payable to the person in respect of any part of the period.

Note:          For Commonwealth funded employment program see subsection 23(1).

Division 6Rate of mature age allowance and mature age partner allowance

660XFA  How to work out a person’s mature age allowance or mature age partner allowance

                   A person’s mature age allowance or mature age partner allowance rate is worked out by using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).

Division 11Bereavement payments

Subdivision APerson receiving mature age allowance (death of partner)

660XKA  Qualification for payments under this Subdivision

             (1)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  the person is a member of a couple; and

                     (c)  the person’s partner dies; and

                     (d)  immediately before the partner died, the partner:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a service pension; or

                            (iii)  was a long‑term social security recipient; and

                     (e)  on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 660XKD (person’s continued rate) on that payday; and

                             (ii)  the amount that would otherwise be payable to the person under section 660XKB (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 660XKB provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2:       Section 660XKC provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

             (2)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  immediately before starting to receive the allowance the person was receiving partner bereavement payments; and

                     (c)  the bereavement rate continuation period in relation to the death of the person’s partner has not ended;

the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.

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

Note:          If a person makes an election, the date of effect of any determination to increase the person’s rate of mature age allowance may, in some circumstances, be the day on which the person’s partner died (see subsection 660XJP(6)).

             (4)  An election under subsection (3):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the person has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

             (5)  If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which mature age allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (3), governed by section 660XKD.

             (6)  For the purposes of this section, a person is a long term social security recipient if:

                     (a)  the person is either receiving a social security benefit or is a benefit increase partner; and

                     (b)  in respect of the previous 12 months, the person:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a social security benefit; or

                           (iia)  was receiving a youth training allowance; or

                            (iii)  was receiving a service pension; or

                            (iv)  was a benefit increase partner.

             (7)  A person is taken to satisfy the requirements of paragraph (6)(b) if:

                     (a)  the person’s receipt of social security pension, social security benefit, youth training allowance or service pension, or the person’s status as a benefit increase partner, or a combination of these, was continuous for the period of 12 months; or

                     (b)  the person was receiving one or other of the payments referred to in paragraph (6)(b) or had the status of a benefit increase partner, or a combination of these, for 46 weeks of the previous 52.

660XKB  Continued payment of partner’s pension

             (1)  If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period the following amount:

                     (a)  where the partner was receiving a social security pension—the amount that would have been payable to the partner on the payday if the partner had not died; or

                     (b)  where the partner was receiving a service pension—the amount that would have been payable to the partner under Part III of the Veterans’ Entitlements Act on the service payday that:

                              (i)  where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or

                             (ii)  in any other case—follows the partner’s payday;

                            if the partner had not died.

             (2)  For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.

660XKC  Lump sum payable in some circumstances

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the person’s partner had not died; and

              (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.   Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if:

               (a)     the partner had not died; and

              (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount that, but for section 660XKD, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.   Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7.   Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.

660XKD  Adjustment of person’s mature age allowance rate

                   If:

                     (a)  a person is qualified for payments under this Subdivision; and

                     (b)  the person does not elect under subsection 660XKA(3) not to receive payments under this Subdivision;

the rate of the person’s mature age allowance during the bereavement period is worked out as follows:

                     (c)  during the bereavement rate continuation period, the rate of mature age allowance payable to the person is the rate at which the mature age allowance would have been payable to the person if:

                              (i)  the person’s partner had not died; and

                             (ii)  where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple;

                     (d)  during the bereavement lump sum period (if any), the rate at which mature age allowance is payable to the person is the rate at which the mature age allowance would be payable to the person apart from this Subdivision.

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

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the person dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the person’s partner before the person dies;

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:

               (a)     neither the person nor the person’s partner had died; and

              (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.   Work out the amount that would have been payable to the partner on the person’s payday or service payday immediately after the day on which the person died if:

               (a)     neither the person nor the partner had died; and

              (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount that, but for section 660XKD, would have been payable to the person on the person’s 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 5.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.   Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7.   Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

660XKF  Matters affecting payment of benefits under this Subdivision

             (1)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the person has not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

                     (e)  the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

             (2)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

Subdivision BDeath of person receiving mature age allowance

660XKG  Death of recipient

             (1)  If:

                     (a)  a person is receiving mature age allowance; and

                     (b)  either:

                              (i)  the person is not a member of a couple; or

                             (ii)  the person is a member of a couple and the person’s partner:

                                        (A)  is not receiving a social security pension; and

                                        (B)  is not receiving a service pension; and

                     (c)  the person dies;

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.

             (2)  If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.

Note:          For death of a person qualified for bereavement payments under Subdivision A see section 660XKE.

Subdivision CContinuation of mature age partner allowance where partner dies

660XKH  Continuation of mature age partner allowance for bereavement period

                   If:

                     (a)  a person is receiving a mature age partner allowance; and

                     (b)  the person’s partner dies;

the person remains qualified for the mature age partner allowance during the bereavement period as if:

                     (c)  the partner had not died; and

                     (d)  the partner had continued to receive a mature age allowance; and

                     (e)  the person and the partner had continued to be members of a couple.

660XKI  Continued mature age partner allowance rate

                   Where a person is qualified for a mature age partner allowance because of section 660XKH, the person’s mature age partner allowance rate is worked out as follows:

                     (a)  during the bereavement rate continuation period, the rate of mature age partner allowance is the rate that would have been payable to the person if:

                              (i)  the partner had not died; and

                             (ii)  where the couple had been an illness separated couple or a respite care couple—they had not been such a couple;

                     (b)  during the bereavement lump sum period (if any), the rate of payments under this Subdivision is the rate at which a widow B pension would have been payable to the person if he or she had been qualified for a widow B pension.

Subdivision DPerson receiving mature age partner allowance (death of partner)

660XKJ  Qualification for payments under this Subdivision

             (1)  If:

                     (a)  a person is receiving a mature age partner allowance; and

                     (b)  the person’s partner dies;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 660XKK provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2:       Section 660XKL provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

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

             (3)  An election under subsection (2):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the person has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

660XKK  Continued payment of partner’s allowance

                   If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each day that would have been a payday for the partner in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the person’s partner on that day if the partner had not died.

660XKL  Lump sum payable in some circumstances

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the person’s partner had not died; and

              (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.   Work out the amount that would have been payable to the person’s partner on the first day that would have been a payday of the partner on or after the first available bereavement adjustment payday if:

               (a)     the partner had not died; and

              (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount of widow B pension that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if a widow B pension had been payable to the person on that payday: the result is called the person’s individual rate.

Step 5.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.   Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7.   Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.

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

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the person dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the person’s partner before the person dies;

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:

               (a)     neither the person nor the person’s partner had died; and

              (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.   Work out the amount that would have been payable to the person’s partner on the first day that would have been a payday of the partner on or after the day on which the person died if:

               (a)     neither the person nor the partner had died; and

              (b)     where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount that, but for sections 660XKH and 660XKI, would have been payable to the person on the person’s 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 5.   Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.   Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7.   Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

660XKN  Matters affecting payment of benefits under this Subdivision

             (1)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the person has not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

                     (e)  the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

             (2)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

Part 2.12BMature age (post‑30 June 1996) allowance

Division 1Application of Part

660YAA  Application of Part

                   This Part deals with mature age allowance to which Part 2.12A does not apply.

660YAB  Time limits on claims for mature age allowance

             (1)  In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a mature age allowance under this Part unless:

                     (a)  the person’s claim for the allowance:

                              (i)  was lodged before 20 September 2003; or

                             (ii)  is taken, because of the operation of section 13 or 15 of the Administration Act, to have been made before 20 September 2003; and

                     (b)  the person was qualified for the allowance:

                              (i)  in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and

                             (ii)  in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.

             (2)  Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a mature age allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date.

             (3)  Nothing in this section affects the operation of section 85 of the Administration Act.

Division 2Qualification for mature age allowance

660YBA  Qualification for mature age allowance

             (1)  A person is qualified for a mature age allowance in respect of a period if the person fulfils the requirements set out in this section in respect of the period.

             (2)  The first requirement is that the person has reached 60 years of age but has not reached pension age.

Note:          For pension age see section 23.

             (3)  Subject to subsection (4), the second requirement is that either of the following paragraphs applies to the person:

                     (a)  the person was receiving a job search allowance or a newstart allowance immediately before the claim lodgment day and has been receiving an income support payment for a continuous period of at least 9 months immediately before the claim lodgment day;

                     (b)  at any time during the period of 13 weeks immediately before the claim lodgment day the person received a social security pension, a service pension, income support supplement, a widow allowance, a partner allowance, sickness allowance, benefit PP (partnered) or a parenting allowance (other than a non‑benefit parenting allowance).

Note 1:       For income support payment see subsection 23(1).

Note 2:       For calculation of continuous period of receipt of income support payments see section 38B.

             (4)  The requirement set out in subsection (3) does not apply to a person who has previously received mature age allowance under this Part or Part 2.12A.

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

             (6)  For the purposes of subsection (5), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the claim lodgment day.

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

Note:          For Australian resident see section 7.

           (11)  In this section:

claim lodgment day means the day on which the claim is lodged.

Note:          A mature age allowance is not payable in certain situations even if the person is qualified (see Division 3).

660YBB  Assurance of support

                   A person is not qualified for mature age allowance in respect of a period if the Secretary is satisfied that:

                     (a)  an assurance of support is in force in respect of the person (the assuree) for the period; and

                     (b)  throughout the period the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and

                     (c)  throughout the period it would be reasonable for the assuree to accept the support.

Note:          For assurance of support see subsection 23(1).

Division 3Payability of mature age allowance

660YCA  Mature age allowance not payable if allowance rate nil

             (1)  Subject to subsection (2), a mature age allowance is not payable to a person if the person’s mature age allowance rate would be nil.

             (2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:

                     (a)  the social security law; or

                     (b)  Division 2 of Part VIIA of the Veterans’ Entitlements Act.

660YCF  Multiple entitlement exclusion

             (1)  A mature age allowance is not payable to a person if the person is already receiving a mature age allowance under Part 2.12A, a service pension or income support supplement.

             (2)  If:

                     (a)  a person is receiving a mature age allowance; and

                     (b)  another social security benefit, a social security pension, a service pension or income support supplement becomes payable to the person;

the mature age allowance is not payable to the person.

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

             (3)  Subject to subsection (4), a mature age allowance is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note 1:       For armed services widow see subsection 4(1).

Note 2:       A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (3)(b) may be paid at a lower rate (see subsection 1068(3)).

             (4)  Subsection (3) does not apply to a woman if:

                     (a)  the woman has been receiving a payment referred to in paragraph (3)(b) continuously since before 1 November 1986; and

                     (b)  before 1 November 1986 the woman was also receiving a social security benefit.

             (5)  A mature age allowance is not payable to a man if:

                     (a)  the man is an armed services widower; and

                     (b)  the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note:          For armed services widower see subsection 4(1).

             (6)  A mature age allowance is not payable to a person if:

                     (a)  the person is an armed services widow or armed services widower; and

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

Note 1:       For armed services widow and armed services widower see subsection 4(1).

Note 2:       For MRCA see subsection 23(1).

660YCFA  Newly arrived resident’s waiting period

             (1)  Subject to this section, a person who:

                     (a)  has entered Australia on or after 1 January 1993; and

                     (b)  has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

is subject to a newly arrived resident’s waiting period.

             (2)  Subsection (1) does not apply to a person who has a qualifying residence exemption for a mature age allowance.

Note:          For qualifying residence exemption see subsections 7(6) and 7(6AA).

             (4)  Subsection (1) does not apply to a person if:

                     (a)  the person is already subject to a newly arrived resident’s waiting period; or

                     (b)  the person has already served a newly arrived resident’s waiting period; or

                     (c)  the person:

                              (i)  has previously entered Australia before 1 January 1993; and

                             (ii)  held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

             (5)  Subsection (1) does not apply to a person if:

                     (a)  the person is a New Zealand citizen; and

                     (b)  the person was an Australian resident on 1 February 2000.

660YCFB  Duration of newly arrived resident’s waiting period

             (1)  If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.

             (3)  The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note:          This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

660YCG  Educational and other schemes exclusion

             (1)  Subject to subsections (2) and (3), a mature age allowance is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:

                     (a)  a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part‑time students; or

                     (b)  the scheme to provide an allowance known as the Maintenance Allowance for Refugees.

Note:          For prescribed educational scheme see section 5.

             (2)  If:

                     (a)  a person enrols in a full‑time course of education; and

                     (b)  a payment under a scheme referred to in subsection (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person for a period before the person starts the course.

             (3)  If:

                     (a)  a person enrols in a full‑time course of education; and

                     (b)  the course is to last for 6 months or longer; and

                     (c)  an application is made for a payment in respect of the person under:

                             (ii)  the ABSTUDY Schools Scheme; or

                            (iii)  the ABSTUDY Tertiary Scheme; and

                     (d)  the person was receiving mature age allowance immediately before the start of the course;

the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person until:

                     (e)  the application is determined; or

                      (f)  the end of 3 weeks beginning on the day on which the course starts;

whichever happens first.

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

                   The maximum basic rate, and the remote area allowance, of mature age allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1:       For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2:       For CDEP Scheme participant see subsection 23(1).

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

                   If:

                     (a)  a period of non‑payment of newstart allowance or partner allowance has been imposed in respect of a person; and

                     (b)  the period has not ended;

mature age allowance is not payable to the person for the period.

Note 2:       For the imposition of a period of non‑payment of newstart allowance see Subdivision F of Division 1 of Part 2.12 and section 634.

Note 3:       For the imposition of a period of non‑payment of partner allowance see paragraph 771HC(1)(b).

660YCJ  Allowance not payable if assets value limit exceeded

             (1)  A mature age allowance is not payable to a person if the value of the person’s assets is greater than the person’s assets value limit.

             (2)  A person’s assets value limit is calculated by working out which family situation in column 2 of the following Table applies to the person; the assets value limit is the corresponding amount in column 3.

 

Assets value limit table

Column 1

Column 2

Column 3

Assets value limit

Item

Person’s family situation

Column 3A

Either the person or the partner is a homeowner

Column 3B

Neither the person nor the partner is a homeowner

1.

Not member of a couple

$118,000

$202,000

2.

Partnered (partner getting neither pension nor allowance)

$167,500

$251,500

3.

Partnered (partner getting pension or allowance)

$83,750

$125,750

Note 1:       For members of a couple, partnered (partner getting neither pension nor allowance) and partnered (partner getting pension or allowance) see section 4.

Note 2:       For homeowner see section 11.

Note 3:       If item 2 applies to a person, the value of all the assets of the person’s partner is to be taken as being included in the value of the person’s assets (see subsection 660YCK(1))—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 660YCK(2)).

Note 4:       If a mature age allowance is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

Note 5:       The assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).

Note 6:       The assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).

Note 7:       The assets value limits of item 2 are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).

660YCK  Value of assets of members of couples

             (1)  If:

                     (a)  a person is a member of a couple; and

                     (b)  the person’s partner is not in receipt of an income support payment;

the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.

             (2)  If:

                     (a)  a person is a member of a couple; and

                     (b)  the person’s partner is in receipt of an income support payment;

the following paragraphs apply:

                     (c)  the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and

                     (d)  the value of the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person’s partner.

Note:          For income support payment see subsection 23(1).

660YCL  Seasonal workers

             (1)  This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for mature age allowance, the person, or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work.

Note:          For seasonal work see subsection 16A(1).

             (2)  Mature age allowance is not payable to the person:

                     (a)  if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

                     (b)  if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

Note:          For seasonal work preclusion period see subsection 16A(1).

             (3)  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

                     (a)  the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

                     (b)  the determination has effect accordingly.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).

Division 6Rate of mature age allowance

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

                   A person’s mature age allowance rate is worked out by using Benefit Rate Calculator B at the end of section 1068 (see Part 3.6).

660YGI  CDEP Scheme participant may accumulate mature age allowance

             (1)  A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any mature age allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

             (2)  If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

                     (a)  unless paragraph (b) applies, the last day of the quarter; or

                     (b)  if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

             (3)  In this section:

quarter means a CDEP Scheme quarter.

Note 1:       For CDEP Scheme participant see section 1188B.

Note 2:       For CDEP Scheme quarter see subsection 23(1).

Division 11Bereavement payments

Subdivision APreliminary

660YKA  Surviving partner and deceased partner

                   If:

                     (a)  a person is receiving mature age allowance; and

                     (b)  the person’s partner dies;

then, for the purposes of this Division:

                     (c)  the person is the surviving partner; and

                     (d)  the person’s partner is the deceased partner.

Subdivision BContinuation of mature age allowance following death of recipient’s partner

660YKB  Continuation of mature age allowance for bereavement period

             (1)  This section applies if:

                     (a)  a person is receiving mature age allowance; and

                     (b)  the person’s partner dies; and

                     (c)  immediately before the deceased partner died, the partner:

                              (i)  was a long‑term social security recipient; or

                             (ii)  was receiving a social security pension, a service pension or income support supplement; and

                     (d)  immediately before the deceased partner died, the surviving partner was a long‑term social security recipient.

             (2)  The surviving partner remains qualified for mature age allowance during the bereavement period as if:

                     (a)  the deceased partner had not died; and

                     (b)  the deceased partner had continued to receive an income support payment; and

                     (c)  the surviving partner and the deceased partner had continued to be members of a couple.

             (3)  The surviving partner’s mature age allowance rate during the bereavement rate continuation period is the rate that would have been payable to the surviving partner if:

                     (a)  the deceased partner had not died; and

                     (b)  if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.

             (4)  The surviving partner’s mature age allowance rate during the bereavement lump sum period (if any) is the rate at which mature age allowance would have been payable to the surviving partner if he or she was not a member of a couple.

Note 1:       For long‑term social security recipient see subsection 23(1).

Note 2:       For bereavement period, bereavement rate continuation period and bereavement lump sum period see section 21.

Note 3:       For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Note 4:       For income support payment see subsection 23(1).

Subdivision CBereavement payments for person receiving mature age allowance following death of the person’s partner

660YKC  Qualification for payments under this Subdivision

             (1)  If:

                     (a)  a person is receiving mature age allowance; and

                     (b)  the person’s partner dies; and

                     (c)  immediately before the deceased partner died, the partner:

                              (i)  was a long‑term social security recipient; or

                             (ii)  was receiving a social security pension, a service pension or income support supplement; and

                     (d)  immediately before the deceased partner died, the surviving partner was a long‑term social security recipient; and

                     (e)  on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 660YKB (person’s continued rate) on that payday; and

                             (ii)  the amount that would otherwise be payable to the person under section 660YKD (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 660YKD provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.

Note 2:       Section 660YKE provides for payment to the surviving partner of a lump sum that represents the instalments that would have been paid to the deceased partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.

Note 3:       For bereavement period see section 21.

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

             (3)  An election under subsection (2):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

660YKD  Continued payment of deceased partner’s previous entitlement

                   If a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner, there is payable to the surviving partner, on each of the deceased partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the deceased partner on that payday if he or she had not died.

Note:          For bereavement rate continuation period see section 21.

660YKE  Lump sum payable in some circumstances

                   If:

                     (a)  a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the surviving partner as a lump sum an amount worked out using the following Lump Sum Calculator:

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the deceased partner had not died; and

              (b)     if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 2.   Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the deceased partner had not died; and

              (b)     if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount of mature age allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

               (a)     mature age allowance had been payable to the surviving partner on that payday; and

              (b)     the surviving partner was not a member of a couple on that payday:

              the result is called the surviving partner’s notional rate.

Step 5.   Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.   Work out the number of the deceased partner’s paydays in the bereavement lump sum period.

Step 7.   Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the surviving partner under this section.

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

660YKF  Effect of death of surviving partner

                   If:

                     (a)  a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and

                     (b)  the surviving partner dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the deceased partner before the surviving partner dies;

there is payable, as a lump sum, to any person that the Secretary thinks appropriate, an amount worked out using the following Lump Sum Calculator:

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:

               (a)     neither the surviving partner nor the deceased partner had died; and

              (b)     if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 2.   Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately after the day on which the surviving partner dies if:

               (a)     neither the surviving partner nor the deceased partner had died; and

              (b)     if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 3.   Add the results of Step 1 and Step 2: this result is called the combined rate.

Step 4.   Work out the amount of mature age allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:

               (a)     mature age allowance had been payable to the surviving partner on that payday; and

              (b)     the surviving partner was not a member of a couple on that payday:

              the result is called the surviving partner’s notional rate.

Step 5.   Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.   Work out the number of the surviving partner’s paydays in the period that starts on the day on which the surviving partner dies and ends on the day on which the bereavement period ends.

Step 7.   Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

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

660YKG  Matters affecting payments under this Subdivision

             (1)  If:

                     (a)  the surviving partner is qualified for payments under this Subdivision; and

                     (b)  after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the surviving partner had not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal representative of the deceased partner, except to the extent (if any) to which the amount is greater than the amount payable to the surviving partner under this Subdivision;

                     (e)  the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).

             (2)  If:

                     (a)  the surviving partner is qualified for payments under this Subdivision; and

                     (b)  an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III of the Veterans’ Entitlements Act, within the bereavement period, into an account with a financial institution; and

                     (c)  the financial institution pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the financial institution is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.

Note:          For bereavement period see section 21.

Subdivision DBereavement payment in respect of former CDEP Scheme participant

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

                   If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 660YCH had not been enacted.

Note:          For CDEP Scheme participant see section 1188B.

Part 2.13AEducation entry payment

Division 1Recipients of pension PP (single)

665A  Payment to recipient of pension PP (single)

                   A person is qualified for an education entry payment under this section if:

                     (a)  the person is receiving a pension PP (single); and

                     (b)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (c)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665B  Amount of section 665A payment

                   The amount of an education entry payment under section 665A is $208.

665C  Need for claim

                   A person is not qualified for an education entry payment under section 665A unless the person has made a claim for the payment.

Division 2Recipients of disability support pension

665E  Payment to a disability support pensioner

                   A person is qualified for an education entry payment under this section if:

                     (a)  the person is receiving a disability support pension; and

                     (b)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (d)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665F  Amount of section 665E payment

                   The amount of an education entry payment under section 665E is $208.

665G  Need for claim

                   A person is not qualified for an education entry payment under section 665E unless the person has made a claim for the payment.

Division 3Widow B pension recipients

665I  Payment to a widow B pensioner

                   A woman is qualified for an education entry payment under this section if:

                     (a)  the woman is receiving a widow B pension; and

                     (b)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (d)  the woman has not received a payment under this Part for which she made a claim in the current calendar year.

665J  Amount of section 665I payment

                   The amount of an education entry payment under section 665I is $208.

665K  Need for claim

                   A person is not qualified for an education entry payment under section 665I unless the person has made a claim for the payment.

Division 4Special benefit recipients

665M  Payment to a special benefit recipient

                   A person is qualified for an education entry payment under this section if:

                     (a)  the person would be qualified for a pension PP (single) apart from paragraphs 500(1)(b) and (d) (Australian residency requirements); and

                     (b)  the person is receiving special benefit; and

                     (c)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (e)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665N  Amount of section 665M payment

                   The amount of an education entry payment under section 665M is $208.

665P  Need for claim

                   A person is not qualified for an education entry payment under section 665M unless the person has made a claim for the payment.

Division 6Newstart allowance recipients

665U  Payment to recipient

             (1)  A person is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that the person intends to enrol in a full‑time course of education that is an approved course under the ABSTUDY scheme or an approved course of education or study for the purposes of paragraph 541B(1)(c) or 569A(b); or

                             (ii)  the person is enrolled in such a course; and

                     (b)  immediately before starting the course of education:

                              (i)  the person is receiving a newstart allowance; and

                             (ii)  the person had been receiving income support payments in respect of a continuous period of at least 12 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this section); and

Note 1:       For income support payment see subsection 23(1).

Note 2:       For the determination of whether a person received income support payments in respect of a continuous period of at least 12 months see section 38B.

                     (c)  the person:

                              (i)  ceases to be qualified for newstart allowance because the person takes part in the course of education; or

                             (ii)  is not qualified for youth allowance as a full‑time student, austudy payment or payments under the ABSTUDY scheme because the person takes part in the course to satisfy the activity test under section 601 or to comply with a requirement in a Newstart Employment Pathway Plan; and

                     (d)  the person has not, within the last 12 months, received a payment under this Part.

             (2)  A person is also taken to be qualified for an education entry payment under this section if:

                     (a)  immediately before 20 September 1996, the person:

                              (i)  was qualified for an education entry payment under section 665Q of this Act, or under this section, as in force immediately before that date; or

                             (ii)  would have been so qualified if the person had, before that date, duly made a claim for the payment; and

                     (b)  the person has not received the payment.

Reduction of qualification period during designated period

             (3)  Subsection (1) has effect during the designated period as if the reference in subparagraph (b)(ii) to 12 months were a reference to 4 weeks.

             (4)  For the purposes of subsection (3), the designated period is the period beginning on 1 January 2009 and ending at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

665V  Amount of section 665U payment

                   The amount of an education entry payment under section 665U is $208.

665W  Need for claim

                   A person is not qualified for an education entry payment under section 665U unless the person has made a claim for the payment.

Division 7Mature age allowance recipient

665Y  Payment to a mature age allowance recipient

                   A person is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that the person intends to enrol in a course of education (whether full‑time or part‑time) that is an approved course under the ABSTUDY schemes; or

                             (ii)  the person is enrolled in such a course; and

                     (b)  immediately before commencing the course of education, the person is receiving mature age allowance; and

                     (c)  the person has not, within the last 12 months, received a payment under this Part.

665Z  Amount of section 665Y payment

                   The amount of an education entry payment under section 665Y is $208.

665ZA  Need for claim

                   A person is not qualified for an education entry payment under section 665Y unless the person has made a claim for the payment.

Division 8Widow allowance recipients

665ZC  Payment to a widow allowance recipient

             (1)  A woman is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that she intends to enrol in a full‑time or part‑time course of education that is an approved course under the ABSTUDY scheme; or

                             (ii)  she is enrolled in such a course; and

                     (b)  immediately before she commences the course of education, she:

                              (i)  is receiving widow allowance; and

                             (ii)  is a long‑term social security recipient; and

                     (c)  she has not, within the last 12 months, received a payment under this Part.

Note 1:       For long‑term social security recipient see subsection 23(1).

Note 2:       Transitional provisions apply to this section for 9 months after 1 January 1995 (see section 11 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).

Reduction of qualification period during designated period

             (2)  Subsection (1) has effect during the designated period as if it were modified as follows:

                     (a)  by omitting subparagraph (b)(ii) and substituting the following subparagraph:

                             (ii)  had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and

                     (b)  by omitting Note 1 and substituting the following notes:

Note 1:       For income support payment see subsection 23(1).

Note 1A:    For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

             (3)  For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

665ZD  Amount of section 665ZC payment

                   The amount of an education entry payment under section 665ZC is $208.

665ZE  Need for claim

                   A person is not qualified for an education entry payment under section 665ZC unless the person has made a claim for the payment.

Division 8ACarer payment recipients

665ZFA  Payment to a carer payment recipient

                   A person is qualified for an education entry payment under this section if:

                     (a)  the person is receiving a carer payment; and

                     (b)  a pensioner education supplement is payable to the person; and

Note:       Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.

                     (d)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665ZFB  Amount of section 665ZFA payment

                   The amount of an education entry payment under section 665ZFA is $208.

665ZFC  Need for claim

                   A person is not qualified for an education entry payment under section 665ZFA unless the person has made a claim for the payment.

Division 9Mature age partner allowance

665ZG  Payment to a mature age partner allowance recipient

                   A person is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that the person intends to enrol in a full‑time or part‑time course of education that is an approved course under the ABSTUDY scheme; or

                             (ii)  the person is enrolled in such a course; and

                     (b)  immediately before the person commences the course of education, the person is receiving a mature age partner allowance; and

                     (c)  the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665ZH  Amount of section 665ZG payment

                   The amount of an education entry payment under section 665ZG is $208.

665ZJ  Need for claim

                   A person is not qualified for an education entry payment under section 665ZG unless the person has made a claim for the payment.

Division 10Wife pension recipients

665ZL  Payment to a wife pensioner

                   A woman is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that she intends to enrol in a full‑time or part‑time course of education that is an approved course under the ABSTUDY scheme; or

                             (ii)  she is enrolled in such a course; and

                     (b)  immediately before she commences the course of education, she is receiving a wife pension; and

                     (c)  she has not received a payment under this Part for which she made a claim in the current calendar year.

665ZM  Amount of section 665ZL payment

                   The amount of an education entry payment under section 665ZL is $208.

665ZN  Need for claim

                   A person is not qualified for an education entry payment under section 665ZL unless the person has made a claim for the payment.

Division 11Partner allowance recipients

665ZQ  Payment to a partner allowance recipient

             (1)  A person is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that the person intends to enrol in a full‑time course of education that is an approved course under the ABSTUDY scheme; or

                             (ii)  the person is enrolled in such a course; and

                     (b)  immediately before the person commences the course of education, the person:

                              (i)  is receiving partner allowance; and

                             (ii)  is a long‑term social security recipient; and

                     (c)  the person has not, within the last 12 months, received a payment under this Part.

Note 1:       For long‑term social security recipient see subsection 23(1).

Note 2:       Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).

Reduction of qualification period during designated period

             (2)  Subsection (1) has effect during the designated period as if it were modified as follows:

                     (a)  by omitting subparagraph (b)(ii) and substituting the following subparagraph:

                             (ii)  had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and

                     (b)  by omitting Note 1 and substituting the following notes:

Note 1:       For income support payment see subsection 23(1).

Note 1A:    For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

             (3)  For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

665ZR  Amount of section 665ZQ payment

                   The amount of an education entry payment under section 665ZQ is $208.

665ZS  Need for claim

                   A person is not qualified for an education entry payment under section 665ZQ unless the person has made a claim for the payment.

Division 12Recipients of PP (partnered)

665ZU  Payment to recipient of PP (partnered)

             (1)  A person is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that the person intends to enrol in a full‑time or part‑time course of education that is an approved course under the AUSTUDY scheme or ABSTUDY scheme; or

                             (ii)  the person is enrolled in such a course; and

                     (b)  immediately before the person commences the course of education, the person:

                              (i)  is receiving benefit PP (partnered); and

                             (ii)  is a long‑term social security recipient; and

                     (c)  the person has not, within the last 12 months, received a payment under this Part.

Note 1:       For long‑term social security recipient see subsection 23(1).

Note 2:       For benefit PP (partnered) see section 18.

Note 3:       Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).

Reduction of qualification period during designated period

             (2)  Subsection (1) has effect during the designated period as if it were modified as follows:

                     (a)  by omitting subparagraph (b)(ii) and substituting the following subparagraph:

                             (ii)  had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and

                     (b)  by omitting Note 1 and substituting the following notes:

Note 1:       For income support payment see subsection 23(1).

Note 1A:    For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

             (3)  For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

665ZV  Amount of section 665ZU payment

                   The amount of an education entry payment under section 665ZU is $208.

665ZW  Need for claim

                   A person is not qualified for an education entry payment under section 665ZU unless the person has made a claim for the payment.

Division 12ARecipients of youth allowance (other)

665ZX  Payment to recipient of youth allowance (other)

             (1)  A person is qualified for an education entry payment under this section if:

                     (a)  either:

                              (i)  the Secretary is satisfied that the person intends to enrol in a qualifying course; or

                             (ii)  the person is enrolled in such a course; and

                     (b)  immediately before the person commences the course, the person:

                              (i)  is receiving youth allowance; and

                             (ii)  is not undertaking full‑time study and is not a new apprentice; and

                            (iii)  had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and

                     (c)  the person has not, within the last 12 months, received a payment under this Part.

Note 1:       For undertaking full‑time study see section 541B.

Note 2:       For income support payment see subsection 23(1).

Note 3:       For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

             (2)  For the purposes of subparagraph (1)(a)(i), a qualifying course, in relation to a person, is:

                     (a)  a full‑time course of education that is an approved course under the ABSTUDY scheme or an approved course of education or study (within the meaning of subsection 541B(5)); or

                     (b)  a course that is provided for by a term (whether the term is required to be complied with or not) of the person’s Youth Allowance Employment Pathway Plan.

665ZXA  Amount of section 665ZX payment

                   The amount of an education entry payment under section 665ZX is $208.

665ZXB  Need for claim

                   A person is not qualified for an education entry payment under section 665ZX unless the person has made a claim for the payment.

665ZXC  Cessation of Division

                   This Division ceases to have effect at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

Division 13Protection of education entry payment

665ZY  Education entry payment to be absolutely inalienable

             (1)  Subject to subsections (2) and (3) and section 238 of the Administration Act, an education entry payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

             (2)  The Secretary may make a deduction from an education entry payment payable to a person if the person asks the Secretary:

                     (a)  to make the deduction; and

                     (b)  to pay the amount to be deducted to the Commissioner of Taxation.

             (3)  The Secretary may make a deduction from a person’s education entry payment if the person consents under section 1234A to the Secretary making that deduction.

Note:          Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.

665ZZ  Effect of garnishee or attachment order

             (1)  If:

                     (a)  a person has an account with a financial institution; and

                     (b)  a court order in the nature of a garnishee order comes into force in respect of the account; and

                     (c)  an education entry payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4‑week period immediately before the court order came into force;

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 amount of education entry payment paid to the credit of the account as mentioned in paragraph (1)(c).

Step 2.   Subtract from that amount the total amount withdrawn from the account during the 4‑week period referred to in paragraph (1)(c): 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.

Note:          A person affected by a garnishee order may have other saved amounts.

Division 14Education entry payment supplement

665ZZA  Qualification for education entry payment supplement

                   A person is qualified for an education entry payment supplement under this section if the person:

                     (a)  is qualified for an education entry payment under this Part on or after 1 January 2009; or

                     (b)  is eligible for an education entry payment under Part VIIAA of the Veterans’ Entitlements Act 1986 on or after 1 January 2009.

665ZZB  Amount of education entry payment supplement

                   The amount of an education entry payment supplement under section 665ZZA is $950.

665ZZC  Separate claim not needed

                   A person is taken to have made a claim for an education entry payment supplement under section 665ZZA if the person has made a claim for an education entry payment as required by this Part or Part VIIAA of the Veterans’ Entitlements Act 1986.

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

             (1)  For the purposes of the social security law, an education entry payment supplement payable to a person who is qualified for the supplement because of paragraph 665ZZA(a) is taken to be part of the education entry payment payable to the person.

             (2)  Subsection (1) has effect except so far as any provision in the social security law expressly provides for or in relation to education entry payment supplement.

665ZZE  Cessation of Division

                   This Division ceases to have effect at the end of:

                     (a)  30 June 2010; or

                     (b)  if a later date is determined by the Minister by legislative instrument—that later date.

Part 2.14Sickness allowance

Division 1Qualification for and payability of sickness allowance

Subdivision ABasic qualification

666  Qualification for sickness allowance

             (1)  A person is qualified for sickness allowance in respect of a period if:

                     (a)  the person is incapacitated for work or study 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

                    (ca)  one of the following applies:

                              (i)  immediately before the incapacity occurred the person was in employment (whether the person was self‑employed, or was employed by another person, on a full‑time, part‑time, casual or temporary basis) and the Secretary is satisfied that, when the incapacity ends, the employment will be again available to the person (whether or not the same kind of work will be available);

                             (ii)  immediately before the incapacity occurred the person was in full‑time education and was receiving payments under the ABSTUDY scheme and the Secretary is satisfied that the person is committed to resuming full‑time study under that scheme when the incapacity ends;

                            (iii)  immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends; and

                     (e)  before the period begins the person has turned 22; and

                      (f)  before the period ends the person has not turned, or is not likely to turn, pension age; and

                     (g)  throughout the period, the person:

                              (i)  is an Australian resident; or

                             (ii)  is exempt from the residence requirement within the meaning of subsection 7(7).

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 3:       For pension age see section 23.

             (2)  In this section:

work, in relation to a person, means work that the person has contracted to perform under a contract of employment that:

                     (a)  the person had immediately before the person becomes incapacitated; and

                     (b)  continues after the person becomes incapacitated.

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 youth allowance, austudy payment, newstart allowance, youth training allowance, sickness allowance or disability support pension.

667  Person undertaking rehabilitation program may qualify for sickness allowance

             (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 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

                    (ca)  the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and

                     (d)  the person’s participation in the program is, or is likely to, end within the period of 208 weeks after the 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 22; and

                     (b)  before the period ends the person has not turned, or is not likely to turn, pension age; and

                     (c)  a person is an Australian resident 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 youth allowance, austudy payment, job search allowance, newstart allowance, youth training allowance, sickness allowance or disability support pension.

669  Time limit on qualification for sickness allowance

             (1)  A person who is receiving sickness allowance ceases to be qualified for sickness allowance 14 days after 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 41 of the Administration Act.

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.

          (5A)  If:

                     (a)  a person was receiving sickness allowance; and

                     (b)  within 14 days after the end of the person’s maximum allowance period 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 has continued after the end of the person’s maximum allowance period and that the incapacity will continue;

the Secretary may extend the maximum exemption period by a period of not more than 13 weeks from the end of the previous maximum exemption period.

             (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.

          (6A)  If:

                     (a)  a person was receiving sickness allowance; and

                     (b)  within 14 days after the end of the person’s maximum allowance period the person gives the Secretary written evidence (other than a certificate referred to in paragraph (5A)(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 (5A)(b); and

                             (ii)  the person’s incapacity for work has continued after the end of the person’s maximum allowance period and that the incapacity will continue;

the Secretary may extend the maximum allowance period by a period of not more than 4 weeks from the end of the previous maximum allowance period.

             (7)  If:

                     (a)  a person is receiving sickness allowance; and

                     (b)  the person gives the Secretary a certificate referred to in paragraph (5)(b) before the end of the person’s maximum allowance period; and

                     (c)  before the end of the person’s maximum allowance period, the Secretary does not satisfy himself or herself that the person’s incapacity for work will continue after the end of that period; and

                     (d)  the sole or dominant cause of the Secretary failing to satisfy himself or herself is an act or omission of an officer of the Department;

the Secretary may extend the person’s maximum allowance period by a period of not more than 4 weeks.

Note:          If the person’s maximum allowance period is extended under this subsection, the Secretary may further extend the person’s maximum allowance period under subsection (5).

676  Liquid assets test waiting period

             (1)  Subject to subsections (2), (6) and (7), 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 study; 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 served the waiting period in relation to a 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 is to be worked out under subsections (3A), (3B) and (3C).

          (3A)  Work out the number of formula weeks (disregarding any fractions of a week) in relation to the claim using the formula:

where:

divisor means, in relation to a person:

                     (a)  if the person is not a member of a couple and does not have a dependent child—$500; or

                     (b)  otherwise—$1,000.

liquid assets means the person’s liquid assets.

maximum reserve amount means the maximum reserve in relation to the person under subsection 14A(1).

          (3B)  If the number of formula weeks is equal to or greater than 13 weeks, the liquid assets test waiting period in relation to the claim is 13 weeks.

          (3C)  If subsection (3B) does not apply, the liquid assets test waiting period in relation to the claim is the number of weeks equal to the number of formula weeks.

             (4)  Subject to subsection (5), if the person is not a member of a couple, the liquid assets test waiting period in relation to the claim starts on the day on which the person became incapacitated for work or study.

          (4A)  Subject to subsection (5), if the person is a member of a couple, the liquid assets test waiting period in relation to the claim starts on the last occurring of the following days:

                     (a)  the day on which the person became incapacitated for work or study;

                     (b)  if, when the claim is made, the person’s partner is unemployed—the day on which the person’s partner became unemployed;

                     (c)  if, when the claim is made, the person’s partner is incapacitated for work or study—the day on which the person’s partner became incapacitated for work or study.

             (5)  If:

                     (a)  a person becomes qualified for austudy payment; and

                     (b)  because of paragraph 572(c), austudy payment is not payable to the person while the person is subject to a liquid assets test waiting period (see section 575A); and

                     (c)  within the liquid assets test waiting period referred to in paragraph (b):

                              (i)  the person becomes incapacitated for study; and

                             (ii)  the person claims sickness allowance;

the liquid assets test waiting period in relation to the claim for sickness allowance starts on the day on which the person becomes qualified for austudy payment.

             (6)  Subsection (1) does not apply to a person if, at any time during the 12 months preceding:

                     (a)  the day on which the person becomes incapacitated for work; or

                     (b)  the day on which the person claims sickness allowance;

the person or their partner was serving a liquid assets test waiting period that started during that 12 months.

             (7)  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).

676A  Assurance of support

                   A person is not qualified for sickness allowance in respect of a period if the Secretary is satisfied that throughout the period:

                     (a)  an assurance of support was in force in respect of the person (the assuree); and

                     (b)  the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and

                     (c)  it was reasonable for the assuree to accept that support.

Note:          For assurance of support see subsection 23(1).

Subdivision BSituations where allowance not payable (general)

677  Sickness allowance not payable if allowance rate nil

             (1)  Subject to subsection (2), sickness allowance is not payable to a person if the person’s sickness allowance rate would be nil.

             (2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because:

                     (a)  an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or

                     (b)  the person has been paid an advance pharmaceutical allowance under the social security law.

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

             (1)  A sickness allowance is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.

             (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

Assets value limit

Item

Person’s family situation

Column 3A

Either person or partner homeowner

Column 3B

Neither person nor partner homeowner

1.

Not member of a couple

$110,750

$190,250

2.

Partnered (partner getting neither pension nor benefit)

$157,500

$237,000

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:       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 681(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 681(2)).

Note 4:       If a sickness 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)).

681  Value of assets of members of couples

             (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 or income support supplement; 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 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 income support supplement; 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.

685  Full‑time students

             (1)  Subject to subsection (2), sickness allowance is not payable to a person who is enrolled in a full‑time course of education or of 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.

             (2)  Subsection (1) does not prevent a sickness allowance from being payable for any period during which:

                     (a)  a person is enrolled in a full‑time course of education that is part of a rehabilitation program that the person is undertaking as mentioned in paragraph 667(3)(b); or

                     (b)  the person has deferred a course of education.

686  Multiple entitlement exclusion

             (1)  Sickness allowance is not payable to a person if the person is already receiving a service pension, income support supplement, a job search allowance or a newstart allowance.

             (2)  If:

                     (a)  a person is receiving sickness allowance; and

                     (b)  a social security pension, another social security benefit, service pension or income support supplement 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:       For social security benefit see subsection 23(1).

             (3)  Sickness allowance is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;

unless:

                     (c)  the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and

                     (d)  before 1 November 1986 the woman was also receiving a social security benefit.

Note:          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.

          (4A)  Sickness allowance is not payable to a person if:

                     (a)  the person is an armed services widow or an armed services widower; and

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

Note 1:       For armed services widow and armed services widower see subsection 4(1).

Note 2:       For MRCA see subsection 23(1).

             (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 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.

             (7)  Sickness allowance is not payable to a person in respect of a period if the person is a CDEP Scheme participant in respect of the whole or any part of the period.

Subdivision CSituations where allowance not payable (waiting periods)

693  Ordinary waiting period

                   A person is subject to an ordinary waiting period unless:

                     (a)  at some time in the 13 weeks immediately before the person’s start day, the person received an income support payment; or

Note:       For income support payment see subsection 23(1).

                     (e)  the following conditions apply:

                              (i)  the person is a member of a couple;

                             (ii)  the person’s partner dies;

                            (iii)  immediately before the partner’s death, the person was receiving a partner allowance;

                            (iv)  within the period of 4 weeks that starts on the day after the day on which the partner dies, the person claims a sickness allowance; or

                      (f)  the Secretary is satisfied that the person is in severe financial hardship.

Note 2:       For social security benefit see subsection 23(1).

Note 3:       For social security pension see subsection 23(1).

Note 4:       For service pension see subsection 23(1).

Note 5:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).

694  Duration of ordinary waiting period

             (1)  If a person:

                     (a)  is subject to an ordinary 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 start day.

Note:          If the person is subject to a newly arrived resident’s waiting period, the newly arrived resident’s waiting period runs concurrently with the ordinary waiting period.

             (3)  If a person:

                     (a)  is subject to an ordinary 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 referred to in subsection 676(3).

             (6)  If:

                     (a)  after the commencement of this subsection, a person becomes unemployed and claims newstart allowance; and

                     (b)  because of sections 620 and 621 (ordinary waiting period), newstart allowance is not payable to the person for a period starting on the day (the applicable day) applicable to the person under subparagraph (i) or (ii), as the case may be:

                              (i)  if the person is not disqualified for newstart allowance under section 598 (liquid assets test)—the person’s newstart allowance start day; or

                             (ii)  if the person is disqualified for newstart allowance under section 598 (liquid assets test)—the day after the day on which the person’s newstart allowance liquid assets waiting period ends; and

                     (c)  during that period the person becomes temporarily incapacitated for work and claims sickness allowance;

then, despite subsections (1), (2) and (3), the person’s ordinary waiting period is a period of 7 days starting on the applicable day.

696B  Newly arrived resident’s waiting period

             (1)  Subject to this section, a person who:

                     (a)  has entered Australia on or after 1 January 1993; and

                     (b)  has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

is subject to a newly arrived resident’s waiting period.

             (2)  Subsection (1) does not apply to a person who has a qualifying residence exemption for a sickness allowance.

Note:          For qualifying residence exemption see subsection 7(6).

             (3)  Subsection (1) does not apply to a person:

                     (a)  if, immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or

                     (b)  if:

                              (i)  immediately before this section commenced, the person had held a valid designated temporary entry permit for a continuous period (permit period) of less than 26 weeks; and

                             (ii)  that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

                            (iii)  the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.

Note:          For designated temporary entry permit see subsection 7(1).

             (5)  Subsection (1) does not apply to a person if:

                     (a)  the person is already subject to a newly arrived resident’s waiting period; or

                     (b)  the person has already served a newly arrived resident’s waiting period; or

                     (c)  the person:

                              (i)  has previously entered Australia before 1 January 1993; and

                             (ii)  held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

             (6)  Subsection (1) does not apply to a person if:

                     (a)  the person is a New Zealand citizen; and

                     (b)  the person was an Australian resident on 1 February 2000.

696C  Duration of newly arrived resident’s waiting period

             (1)  If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.

             (2)  If:

                     (a)  immediately before this section commenced, the person held a valid designated temporary entry permit; and

                     (b)  that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and

                     (c)  that temporary visa was in force immediately before the person was granted his or her permanent visa;

the newly arrived resident’s waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.

Note:          For designated temporary entry permit see subsection 7(1).

             (3)  If subsection (2) does not apply, the newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note:          This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

697  Seasonal workers—preclusion period

             (1)  This section applies if:

                     (a)  a person has lodged a claim for sickness allowance; and

                     (b)  at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.

Note:          For seasonal work see subsection 16A(1).

             (2)  Sickness allowance is not payable to the person:

                     (a)  if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

                     (b)  if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

Note:          For seasonal work preclusion period see subsection 16A(1).

             (3)  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

                     (a)  the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

                     (b)  the determination has effect accordingly.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) or subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).

Division 4Rate of sickness allowance

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

                   A person’s sickness allowance rate is to be worked out using Benefit Rate Calculator B at the end of section 1068.

Division 9Bereavement payments

Subdivision AADeath of partner

728PA  Qualification for payments under this Subdivision

             (1)  If:

                     (a)  a person is receiving a sickness allowance; and

                     (b)  the person is a long‑term social security recipient; and

                     (c)  the person is a member of a couple; and

                     (d)  the person’s partner dies; and

                     (e)  immediately before the partner died, the partner:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a service pension or income support supplement; or

                            (iii)  was a long‑term social security recipient; and

                      (f)  on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 728PD (person’s continued rate) on that payday; and

                             (ii)  the amount (if any) that would otherwise be payable to the person, under section 728PB (continued payment of partner’s pension or allowance) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 728PB 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 728PC 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.

Note 3:       For long‑term social security recipient see subsection 23(1).

             (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 sickness allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 728PD.

728PB  Continued payment of partner’s pension or benefit

                   If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.

728PC  Lump sum payable in some circumstances

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

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 person’s payday immediately before the first available bereavement adjustment payday; and

              (b)     the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;

              the result is called the combined rate.

Step 2.   Work out the amount that, but for section 728PD, would have been payable to the person on the person’s 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 rate: the result is called the partner’s instalment component.

Step 4.   Work out the number of the partner’s paydays in the bereavement lump sum period.

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 to the person under this section.

728PD  Adjustment of a person’s sickness allowance rate

                   If:

                     (a)  a person is qualified for payments under this Subdivision; and

                     (b)  the person does not elect under subsection 728PA(2) not to receive payments under this Subdivision;

the rate of the person’s sickness allowance during the bereavement period is worked out as follows:

                     (c)  during the bereavement rate continuation period, the rate of sickness allowance payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died;

                     (d)  during the bereavement lump sum period (if any), the rate at which sickness allowance is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.

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

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the person dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the person’s partner before the person dies;

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

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 person’s payday immediately after the day on which the person dies; and

              (b)     the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died;

              the result is called the combined rate.

Step 2.   Work out the amount that, but for section 728PD, would have been payable to the person on the person’s 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 paydays of the partner in the period that commences on the day on which 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.

728PF  Matters affecting payments under this Subdivision

             (1)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA 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)  the 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 or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

Part 2.15Special benefit

Division 1Qualification for and payability of special benefit

Subdivision AQualification

729  Qualification for special benefit

             (1)  A person is qualified for a special benefit for a period if the Secretary determines, in accordance with subsection (2), that a special benefit should be granted to the person for the period.

Note:          Special benefit is a discretionary benefit and is available only to a person who is not able to get any other income support payment (see paragraphs (2)(a) and (b) below).

             (2)  The Secretary may, in his or her discretion, determine that a special benefit should be granted to a person for a period if:

                     (a)  no social security pension is payable to the person during the period; and

                     (b)  no other social security benefit is payable to the person for the period; and

                   (bb)  the person is not disqualified for a benefit PP (partnered) for the period solely because of the operation of section 500C (unemployment due to industrial action); and

                   (bc)  the person is not disqualified from parenting payment for the period solely because of a failure to meet the requirement of paragraph 500(1)(c) or (1)(ca) (participation requirements); and

                   (bd)  if the person is qualified for parenting payment but the payment is not payable to the person for the period—that result is not produced because of the operation of subsection 42P(1) (serious failures) or 42S(1) (unemployment non‑payment periods) of the Administration Act; and

                     (c)  the person is not disqualified for a newstart allowance for the period because of the operation of section 596; and

                     (d)  if the person is qualified for a newstart allowance but the allowance is not payable to the person for the period—that result is not produced because of the operation of one or more of the following:

                              (i)  subsection 42P(1) of the Administration Act (serious failures);

                             (ii)  subsection 42S(1) of the Administration Act (unemployment non‑payment periods);

                            (iii)  section 631 of this Act (person failing to comply with notification requirement);

                            (iv)  section 633 of this Act (seasonal workers);

                             (v)  section 634 of this Act (move to area of lower employment prospects); and

                   (da)  the person is not disqualified for a youth allowance for the period because of the operation of:

                              (i)  section 541A (failure to satisfy the activity test); or

                             (ii)  section 544 (requirements relating to Youth Allowance Employment Pathway Plans); and

                   (db)  the person is not disqualified for an austudy payment for the period because the person fails to satisfy the activity test within the meaning of section 569; and

                   (dc)  youth allowance is not payable to the person for the period and that result is not because of the operation of:

                              (i)  section 550B (youth allowance participation failure); or

                            (ia)  section 551 (repeated failure); or

                             (ii)  section 553B (move to an area of lower employment prospects); or

                            (iii)  subsection 42P(1) (serious failures) or 42S(1) (unemployment non‑payment periods) or section 81 of the Administration Act; and

                   (dd)  austudy payment is not payable to the person for the period and that result is not because of the operation of:

                              (i)  section 576A (austudy participation failure); or

                            (ia)  section 577 (repeated failure); or

                             (ii)  section 81 of the Administration Act; and

                     (e)  the Secretary is satisfied that the person is unable to earn a sufficient livelihood for the person and the person’s dependants (if any) because of age, physical or mental disability or domestic circumstances or for any other reason; and

                      (f)  the person:

                              (i)  is an Australian resident; or

                             (v)  is the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph; and

                     (g)  if the person is:

                              (i)  the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which this subparagraph applies; and

                             (ii)  a person to whom subsection (2A) applies;

                            the person meets the additional criteria set out in paragraph (2B); and

                     (h)  an assurance of support does not apply to the person at any time during the period (see subsection (2C)).

Note:          For Australian resident see subsection 7(2).

          (2A)  For the purposes of paragraph (2)(g), the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph (2)(g)(i) applies is a person to whom that first‑mentioned paragraph applies only if:

                     (a)  the person would not qualify for disability support pension under section 94 or 95 if the person were an Australian resident; and

                     (b)  the person has attained the minimum age for youth allowance as determined in accordance with subsection 543A(1) but has not attained pension age; and

                     (c)  the person:

                              (i)  claims, or has claimed, special benefit on or after 1 January 2003 that is not continuous with any previous grant of special benefit; or

                             (ii)  if the person had not attained the minimum age for youth allowance as defined by subsection 543A(1) before 1 January 2003—is receiving special benefit granted before, or continuous with special benefit granted before, that date.

          (2B)  A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f):

                     (a)  throughout the period, and for each period within the period, the person either:

                              (i)  satisfies the activity test set out in section 731A; or

                             (ii)  is not required to satisfy the activity test; and

                     (b)  at all times (if any) during the period when a Special Benefit Employment Pathway Plan is not in force in relation to the person, the person is prepared to enter into such a plan; and

                     (c)  at all times during the period when a Special Benefit Employment Pathway Plan is in force in relation to the person, the person is prepared to enter into another such plan instead of the existing plan; and

                     (d)  if the person is required by the Secretary to enter into a Special Benefit Employment Pathway Plan in relation to the period or a part of the period, the person enters into that plan; and

                     (e)  while a Special Benefit Employment Pathway Plan is in force in relation to the person, the person satisfies the Secretary that the person is complying with the requirements in the plan.

          (2C)  For the purposes of paragraph (2)(h), an assurance of support applies to a person at a particular time if:

                     (a)  an assurance of support is in force in respect of the person (the assuree) at that time; and

                     (b)  the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and

                     (c)  it was reasonable for the assuree to accept that support.

Note:          For assurance of support see subsection 23(1).

          (2D)  For the avoidance of doubt, if, at any time during the period for which special benefit is granted to a person, the person’s circumstances change such that, if the person were to be making a claim for special benefit on the basis of the changed circumstances, the person would not be qualified for special benefit, special benefit ceases to be payable.

             (3)  The Secretary is not to determine that a special benefit should be granted to a person for a period if the Secretary is satisfied that the benefit is not payable to the person for that period.

             (4)  For the purposes of paragraph (2)(d), a newstart allowance is to be taken to be not payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.

          (4A)  For the purposes of paragraph (2)(dc) a youth allowance is taken to be not payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.

          (4B)  For the purposes of paragraph (2)(dd), an austudy payment is taken not to be payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the payment for the period and the payment is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the payment for the period, the payment would not be payable to the person because of the operation of the provision.

             (6)  If:

                     (a)  a person was receiving a social security pension, a service pension or income support supplement; and

                     (b)  the person claims a special benefit within 14 days of the day on which the last instalment of the person’s pension was paid; and

                     (c)  the person becomes qualified for a special benefit at some time during the 14 day period but after the first day of that period;

the person is taken to be qualified for a special benefit for the whole of the 14 day period.

Note:          Subsection (6) operates when a person transfers from a pension to a special benefit and the person is not qualified for a special benefit immediately after the day on which the person’s last instalment of pension is paid. The subsection deems the person to be so qualified. As a result, the person may be paid a special benefit for the period beginning on the day after the day on which the person’s last instalment of pension was paid. The subsection aims to ensure that there is minimal disruption to a person’s payments when a person transfers from a pension to a special benefit.

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

             (1)  This section applies to a person who is receiving special benefit if:

                     (a)  the person’s maximum benefit period is 13 weeks or less; and

                     (b)  the Secretary determines that this section should apply to the person.

             (2)  The maximum benefit period for a person is the period specified in the determination granting the person’s claim for special benefit as the maximum period for which the special benefit is payable to the person.

             (3)  If:

                     (a)  the section applies to a person; and

                     (b)  the Secretary is satisfied that the person’s qualification for special benefit will continue after the end of the person’s maximum benefit period; and

                     (c)  the Secretary determines that this subsection should apply to the person;

the Secretary may determine that special benefit should be granted to the person for a period of not more than 13 weeks.

             (4)  Subject to section 729B, if:

                     (a)  the Secretary has determined that special benefit should be granted to the person for a period of not more than 13 weeks under subsection (3) or this subsection; and

                     (b)  the Secretary is satisfied that the person’s qualification for special benefit will continue after the end of that period; and

                     (c)  the Secretary determines that this subsection should apply to the person;

the Secretary may determine that special benefit should be granted to the person for a further period of not more than 13 weeks.

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

             (1)  A person who:

                     (a)  has claimed special benefit; and

                     (b)  is:

                              (i)  the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and

                             (ii)  a person to whom subsection 729(2A) applies;

is not, for the purposes of paragraph 729(2)(e), taken to be unable to earn a sufficient livelihood for the person and the person’s dependants (if any) if:

                     (c)  that inability arises because the person has ceased to be employed, or to be employed at a particular level of income; and

                     (d)  that cessation is attributable to the person’s being, or having been, engaged in industrial action, or in a series of industrial actions.

             (2)  Subsection (1) does not apply in relation to a person if the Secretary is satisfied that:

                     (a)  the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

                     (b)  the people or some of the people were members of a trade union that was involved in the industrial action; and

                     (c)  the person was not a member of the trade union during the period of the industrial action.

             (3)  Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for special benefit in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

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

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

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

                     (c)  the Federal Court of Australia; or

                     (d)  the Federal Circuit Court of Australia;

a person is not qualified for special benefit in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.

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

             (1)  A person to whom subsection 729A(4) applies ceases to be qualified for special benefit if the person has received special benefit in respect of the immediately preceding period of 52 weeks.

             (2)  The Secretary may make a written determination that subsection (1) does not apply to a person if the Secretary is satisfied:

                     (a)  that the person’s qualification for special benefit will end during the next 13 weeks; or

                     (b)  that the person’s qualification for special benefit will continue after the end of the period of 65 weeks commencing on the person’s start day.

729C  Consequence of subsection 729B(2) determination

             (1)  If the Secretary:

                     (a)  is satisfied of the matter mentioned in paragraph 729B(2)(a); and

                     (b)  makes a determination under subsection 729B(2) in relation to a person;

then the person ceases to be qualified for special benefit if:

                     (c)  the person has received special benefit in respect of the immediately preceding 65 weeks; and

                     (d)  the Secretary is satisfied that this subsection should apply to the person.

             (2)  If the Secretary:

                     (a)  is satisfied of the matter mentioned in paragraph 729B(2)(b); and

                     (b)  makes a determination under subsection 729B(2) in relation to a person;

the Secretary may determine that special benefit should be granted to the person for a period.

730  Determination of period

                   The period determined by the Secretary under subsection 729(2) is not to begin before the person’s start day.

Subdivision AAActivity test for certain nominated visa holders

731  Application of Subdivision

                   This Subdivision applies to a person who is:

                     (a)  the holder of a visa that is included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and

                     (b)  a person to whom subsection 729(2A) applies.

731A  Activity test

             (1)  Subject to subsection (2), a person to whom this Subdivision applies satisfies the activity test in respect of a period, whether it is the period of the grant of special benefit or a period within that period, if the person satisfies the Secretary that, throughout the period, the person is:

                     (a)  actively seeking; and

                     (b)  willing to undertake;

paid work in Australia other than unsuitable paid work within the meaning of section 731B.

             (7)  A person to whom this Subdivision applies also satisfies the activity test in respect of a period if:

                     (a)  the Secretary is of the opinion that, throughout the period, the person should undertake particular paid work, other than unsuitable paid work within the meaning of section 731B; and

                     (b)  the Secretary notifies the person that the person is required to act in accordance with the opinion; and

                     (c)  the person complies, throughout the period, with the Secretary’s requirement.

             (8)  To avoid doubt, the work that the person is required to undertake under subsection (7) may involve a number of hours per week that differs from the number of hours of work per week that the person is required to seek to comply with a Special Benefit Employment Pathway Plan that is in force in relation to the person.

             (9)  A person cannot be taken to satisfy the activity test throughout a period if the person fails to comply with a requirement under subsection (7):

                     (a)  whether or not the person complies with subsection (1) or (11); and

                     (b)  whether or not another provision of this Act under which the activity test is satisfied, or taken to be satisfied, applies (or would apart from this section apply) to the person.

           (11)  A person to whom this Subdivision applies also satisfies the activity test in respect of a period if:

                     (a)  throughout the period, the person complies with the terms of a Special Benefit Employment Pathway Plan that is in force in relation to the person; and

                     (b)  either:

                              (i)  the person is included in a class of persons specified in an instrument made under subsection (11A); or

                             (ii)  the Secretary determines that the person should be taken to satisfy the activity test in respect of that period.

        (11A)  The Secretary may, by legislative instrument, specify classes of persons for the purposes of subparagraph (11)(b)(i).

           (12)  If a person to whom this Subdivision applies fails to comply, throughout a period, with a requirement in a Special Benefit Employment Pathway Plan that is in force in relation to the person, the person cannot be taken to satisfy the activity test in respect of the period in spite of any compliance of the person with subsection (1).

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

             (1)  For the purposes of subsection 731A(1) and paragraph 731A(7)(a), particular paid work is unsuitable paid work in respect of a person if and only if, in the Secretary’s opinion:

                     (a)  the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or

                     (b)  it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

                   (ba)  the person is the principal carer for one or more children, and does not have access to appropriate care and supervision for the children at the times when the person would be required to undertake the work; or

Note:       For principal carer see subsections 5(15) to (24).

                     (c)  performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or

                     (e)  the terms and conditions for the work would be less generous than the applicable statutory conditions; or

                     (g)  commuting between the person’s home and the place of work would be unreasonably difficult; or

                     (h)  the work requires the person to move from a home in a place to a home in another place; or

                      (i)  for any other reason, the work is unsuitable for the person.

          (1A)  A person has, for the purposes of paragraph (1)(ba), access to appropriate care and supervision for a child at a particular time if, at that time:

                     (a)  the child could be provided with care by an approved child care service (within the meaning of the Family Assistance Administration Act), and provision of that care would, in the Secretary’s opinion, be appropriate in the circumstances; or

                     (b)  the child could be provided with other care that the person considers to be suitable; or

                     (c)  the child could be attending school, and attendance at that school would, in the Secretary’s opinion, be appropriate in the circumstances.

          (1B)  For the purposes of paragraph (1)(ba), a time when the person would be required to undertake the work includes reasonable amounts of time that would be needed for the person to travel from the person’s home to the place of work and from the place of work to the person’s home.

          (1C)  The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (1)(i), particular paid work is unsuitable for a person.

          (1D)  To avoid doubt, a determination under subsection (1C) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (1)(i), particular paid work is unsuitable for a person.

             (2)  If:

                     (a)  a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and

                     (b)  the person is offered permanent full‑time work (whether or not work of the kind sought) in the new area;

the work offered is not unsuitable work in respect of the person because of paragraph (1)(g) or (h) unless:

                     (c)  the person is under the age of 18; or

                     (d)  the person or the person’s partner is pregnant; or

                     (e)  the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or

                      (f)  the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person’s partner; or

                     (g)  the person or the person’s partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or

                     (h)  the person or the person’s partner has significant caring responsibilities in the old area; or

                      (i)  the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or

                      (j)  it is more appropriate for the person to participate in education or training than to accept the offer; or

                     (k)  the person would suffer severe financial hardship if the person were to accept the offer.

             (3)  A person who, when seeking employment through an employment service provider, represents to the provider that he or she is willing to undertake work outside the area in which the person’s home is situated is taken, for the purposes of subsection (2), to seek work outside the area at the time when the representation is made.

             (4)  Subsection (3) does not affect what would otherwise constitute a circumstance of a person seeking work outside the area in which the person’s home is situated.

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

                   If the Secretary considers that:

                     (a)  it would be reasonable to assume that, at the end of a period, a person is present in an area where:

                              (i)  there is no locally accessible labour market; and

                             (ii)  there is no locally accessible vocational training course; and

                    (aa)  it would be reasonable to assume that, throughout the period, the person is capable of undertaking, and willing to undertake, paid work that in the Secretary’s opinion is suitable to be undertaken by the person; and

                     (b)  having regard to all the relevant factors, including:

                              (i)  the location of offices of the Department; and

                             (ii)  difficulties with transport and communication; and

                            (iii)  the educational and cultural background of the person;

                            it would be unreasonable to expect the person to comply with the activity test in order to be qualified for special benefit for that period;

then, unless the person has been notified of a requirement under subsection 731A(7) in relation to the period, the person is taken to satisfy the activity test during that period.

731DA  Relief from activity test—domestic violence etc.

             (1)  A person is not required to satisfy the activity test in respect of a period that the Secretary determines under this section in relation to the person.

             (2)  The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:

                     (a)  the person:

                              (i)  is the principal carer of one or more children; and

                             (ii)  was subjected to domestic violence in the 26 weeks before the making of the determination; or

                     (b)  the person is the principal carer of one or more children, and there are special circumstances relating to the person’s family that make it appropriate to make the determination.

Note:          For principal carer see subsections 5(15) to (24).

          (2A)  The Secretary must, by legislative instrument, specify matters that the Secretary must take into account in deciding whether there are special circumstances relating to a person’s family that make it appropriate to make a determination under this section.

          (2B)  To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in making a determination under subsection (2).

             (3)  The period that the Secretary determines under this section must be the lesser of:

                     (a)  the period that the Secretary considers to be appropriate; or

                     (b)  16 weeks.

             (4)  Any such period may be followed by one or more other periods (not exceeding 16 weeks) determined under this section in relation to the person.

             (5)  The period that the Secretary determines under this section must, despite subsection (3), be 16 weeks if the determination:

                     (a)  is made on grounds referred to in paragraph (2)(a) (or on grounds that include those grounds); and

                     (b)  is the first determination made on those grounds (or on grounds that include those grounds) in relation to the person on or after 1 July 2010.

             (6)  The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

             (7)  Subsection (6) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.

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

             (1)  A person is not required to satisfy the activity test in respect of a period that the Secretary determines under this section in relation to the person.

             (2)  The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children:

                     (a)  who suffer from a physical, intellectual or psychiatric disability or illness; and

                     (b)  whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the activity test.

Note:          For principal carer see subsections 5(15) to (24).

             (3)  The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that:

                     (a)  the person is a registered and active foster carer; or

                     (b)  the person is a home educator of that child, or one or more of those children; or

                     (c)  the person is a distance educator of that child, or one or more of those children; or

                     (d)  under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person.

Note 1:       For principal carer see subsections 5(15) to (24).

Note 2:       For registered and active foster carer see section 5B.

Note 3:       For home educator see section 5C.

Note 4:       For distance educator see section 5D.

Note 5:       For family law order see subsection 23(1).

Note 6:       For relative (other than a parent) see section 5E.

          (3A)  The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that:

                     (a)  the person is the principal carer of a child; and

                     (b)  the person is one or both of the following:

                              (i)  the principal carer of one or more other children;

                             (ii)  the main supporter of one or more secondary pupil children; and

                     (c)  there are 4 or more of the children of whom the person is the principal carer or main supporter.

Note 1:       For principal carer see subsections 5(15) to (24).

Note 2:       For main supporter see section 5G.

Note 3:       For secondary pupil child see section 5F.

          (3B)  The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person:

                     (a)  is not the principal carer of one or more children; and

                     (b)  is a registered and active foster carer; and

                     (c)  is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child.

Note 1:       For principal carer see subsections 5(15) to (24).

Note 2:       For registered and active foster carer see section 5B.

          (3C)  The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person:

                     (a)  is the main supporter of one or more secondary pupil children; and

                     (b)  is a home educator or distance educator of one or more of those children.

Note 1:       For main supporter see section 5G.

Note 2:       For secondary pupil child see section 5F.

Note 3:       For home educator see section 5C.

Note 4:       For distance educator see section 5D.

          (3D)  The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that:

                     (a)  the person is the principal carer of one or more children; and

                     (b)  the person is a relative (other than a parent) of a child (the kin child); and

                     (c)  there is a document that:

                              (i)  provides for the kin child to live with the person for the care and wellbeing of the kin child; and

                             (ii)  is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; and

                     (d)  the person is acting in accordance with the document.

Note 1:       For principal carer see subsections 5(15) to (24).

Note 2:       For relative (other than a parent) see section 5E.

             (4)  The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:

                     (a)  the person is a person included in a class of persons specified under subsection (5); and

                     (b)  the person’s circumstances are such that the person should not be required to satisfy the activity test for the period.

             (5)  The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.

             (6)  The period that the Secretary determines under this section, except subsection (3B), must be the lesser of:

                     (a)  the period that the Secretary considers to be appropriate; or

                     (b)  12 months.

          (6A)  The period that the Secretary determines under subsection (3B) in relation to the person must be the lesser of:

                     (a)  the period:

                              (i)  starting when the person starts to provide foster care to the child; and

                             (ii)  ending 12 weeks, or a shorter period determined by the Secretary, after the person ceases to provide foster care to the child; and

                     (b)  12 months.

             (7)  A period determined by the Secretary under this section in relation to the person may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.

             (8)  The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

             (9)  Subsection (8) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.

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

             (1)  A person is not required to satisfy the activity test in respect of the period to which subsection (4) applies if:

                     (a)  during the period, the person undertakes:

                              (i)  paid work that, in the Secretary’s opinion, is suitable for the person to undertake; or

                             (ii)  any other activity; and

                     (b)  the Secretary is of the opinion that, taking into account:

                              (i)  the nature of the work or other activity; and

                             (ii)  the duration of the work or other activity; and

                            (iii)  any remuneration received for the work or other activity; and

                            (iv)  any other matters relating to the work or other activity, or to the person’s circumstances, that the Secretary considers relevant;

                            it would be unreasonable to expect the person to satisfy the activity test for the period.

             (2)  However, the work or other activity must not be or include any work or other activity of a kind that the Secretary determines under subsection (3).

             (3)  The Secretary may determine, by legislative instrument, kinds of work or other activity that are not to be taken into account for the purposes of subsection (1).

             (4)  This subsection applies to the period:

                     (a)  starting:

                              (i)  when the person made a claim, or is taken to have made a claim, for special benefit; or

                             (ii)  when the person started to undertake the work or other activity;

                            whichever happens later; and

                     (b)  ending:

                              (i)  if the person has been required to enter into a Special Benefit Employment Pathway Plan but has failed to enter that plan—when the person so failed; or

                             (ii)  in any other case—when the person has entered into such a plan.

731E  Relief from activity test—special circumstances

             (1)  Subject to subsections (2) and (3), a person to whom this Subdivision applies is not required to satisfy the activity test for a period if:

                     (a)  the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and

                     (b)  the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the activity test for that period.

             (2)  The period referred to in subsection (1) is not to exceed 13 weeks.

             (3)  If:

                     (a)  the Secretary makes a number of determinations under subsection (1); and

                     (b)  the periods to which the determinations relate form a continuous period;

the continuous period is not to exceed 13 weeks unless the Secretary determines otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding determination was based.

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

             (1)  A pregnant woman is not required to satisfy the activity test for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).

             (2)  If a woman gives birth to a child (whether or not the child is born alive), the woman is not required to satisfy the activity test for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.

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

             (1)  Subject to subsection (3), a person to whom this Subdivision applies who has reached 55 years is taken to satisfy the activity test in respect of each period of 2 weeks while the person is receiving special benefit (the relevant period) if the person:

                     (a)  is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in the relevant period; or

                     (b)  is engaged, for at least 30 hours in the relevant period, in a combination of:

                              (i)  approved unpaid voluntary work for an approved organisation; and

                             (ii)  paid work that the Secretary regards as suitable; or

                     (c)  is engaged for at least 30 hours in the period in paid work that the Secretary regards as suitable.

             (3)  This section does not apply to a person in respect of a day in a relevant period if, having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that this section is not to apply to the person in respect of that day.

             (4)  In this section:

approved organisation is an organisation that has been approved by the Secretary for the purposes of this section.

approved voluntary unpaid work, either full‑time or otherwise, is work that has been approved by the Secretary for the purposes of this section.

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

                   A person who:

                     (a)  is the principal carer of at least one child; or

                     (b)  has a partial capacity to work;

is taken to satisfy the activity test in respect of a period if, during the period, the person is engaged for at least 30 hours per fortnight in paid work that the Secretary regards as suitable.

731H  Relief from activity test—dependent child

             (1)  A person is taken to satisfy the activity test in respect of a period when the person has at least one child who:

                     (a)  is a dependent child of the person within the meaning of subsection 5(2) as qualified by subsections 5(3) and (6); and

                     (b)  has not turned 6; and

                     (c)  is in Australia.

             (2)  For the purposes of subsection (1), a child can be a dependent child of only one person at a time.

             (3)  If the Secretary is satisfied that, but for subsection (2), a child would be a dependent child of 2 or more persons (adults), the Secretary must determine in relation to which of those adults the child is a dependent child.

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

Person taken to satisfy the activity test

             (1)  A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:

                     (a)  subsection (2) (personally providing care to another person) applies to the person; or

                     (b)  subsection (3) (participating in the care in hospital of another person) applies to the person.

If subsection (3) applies to the person, subsection (4) sets out a limit on the period during which the person is taken to satisfy the activity test for participating in the care of a disabled adult in hospital.

Personally providing care

             (2)  This subsection applies to the person if:

                     (a)  if the provisions referred to in subsection (5) were disregarded, the person would qualify for a carer payment under section 197B, 197C, 197D or 197E (whether or not because of section 197F) for caring for one or more of the following or for persons who include the following:

                              (i)  a child with a severe disability or severe medical condition;

                             (ii)  a child who has a terminal condition;

                            (iii)  a child with a disability or medical condition;

                            (iv)  a lower ADAT score adult; and

                     (b)  either:

                              (i)  the care is provided in a private residence that is the home of the person or persons for whom care is provided; or

                             (ii)  if a section referred to in paragraph (a) applies to the person because of section 197F—the care is provided in a private residence that is a home of the person or persons for whom care is provided.

Participating in care of person in hospital

             (3)  This subsection applies to the person if:

                     (a)  the person is participating in the care in hospital of another person (the hospitalised person); and

                     (b)  it is reasonable to assume that, if the hospitalised person were not in hospital and the provisions referred to in subsection (5) were disregarded, the person would qualify under section 197B, 197C, 197D or 197E (whether or not because of section 197F) for a carer payment for caring for the hospitalised person, or for the hospitalised person and one or more other persons; and

                     (c)  one of the following applies:

                              (i)  the hospitalised person is terminally ill;

                             (ii)  it is reasonable to expect that, upon leaving hospital, the hospitalised person will reside in a private residence that is the home of the hospitalised person.

             (4)  The period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test because of subsection (3) for participating in the care in hospital of a disabled adult must not exceed:

                     (a)  63 days in any calendar year; or

                     (b)  another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

Note:          There is no limit for a hospitalised person who is a child.

Disregard certain provisions of sections 197B, 197C, 197D and 197E

             (5)  For the purposes of paragraphs (2)(a) and (3)(b), disregard the following:

                     (a)  subsection 197B(3) and paragraphs 197B(4)(b), (c) and (d);

                     (b)  subsection 197C(3) and paragraphs 197C(4)(b), (c) and (d);

                     (c)  subsection 197D(3) and paragraphs 197D(4)(b), (c) and (d);

                     (d)  subsection 197E(4) and paragraphs 197E(5)(b), (c) and (d).

Meaning of expressions in this section

             (6)  An expression used in this section that is defined for the purposes of Part 2.5 has the same meaning in this section as it has in that Part.

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

Person taken to satisfy the activity test

             (1)  A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which subsection (2) (personally providing care to another person) applies to the person.

Personally providing care during period determined

             (2)  This subsection applies to the person if:

                     (a)  if the provisions referred to in subsection (7) were disregarded, the person would qualify for a carer payment under section 197G or 197H for a period for caring for one or more of the following or for persons who include the following:

                              (i)  a child with a severe disability or severe medical condition;

                             (ii)  a child with a disability or medical condition;

                            (iii)  a lower ADAT score adult; and

                     (b)  either:

                              (i)  the care is provided in a private residence that is the home of the person or persons for whom care is provided; or

                             (ii)  if the person would qualify for a carer payment because of section 197F—the care is provided in a private residence that is a home of the person or persons for whom care is provided.

Relief from activity test during all of period determined (caring for person in hospital)

             (3)  A person to whom this Subdivision and subsection (4) apply is taken to satisfy the activity test during any period that does not exceed the period, or the sum of the periods, (as the case requires) determined under paragraph (4)(b).

             (4)  This subsection applies to a person if:

                     (a)  the person is participating in the care, in hospital, of one of the following persons (the hospitalised person):

                              (i)  a child with a severe disability or severe medical condition;

                             (ii)  a child with a disability or medical condition;

                            (iii)  a lower ADAT score adult; and

                     (b)  the Secretary determines in writing that, if the hospitalised person were not in hospital and the provisions referred to in subsection (7) were disregarded, the person would qualify under section 197G or 197H for a carer payment for a period or periods for:

                              (i)  the hospitalised person; or

                             (ii)  the hospitalised person and one or more other persons; and

                     (c)  it is reasonable to expect that, upon leaving hospital, the hospitalised person:

                              (i)  will reside in a private residence that is the home of the hospitalised person; or

                             (ii)  if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.

Relief from activity test during balance of period determined (caring for person in hospital)

             (5)  A person to whom this Subdivision and subsection (6) apply is taken to satisfy the activity test during any period that does not exceed the balance of the period referred to in paragraph (6)(b).

             (6)  This subsection applies to a person if:

                     (a)  subsection (2) applies to the person for a period for caring for one or more of the following or for persons who include the following:

                              (i)  a child with a severe disability or medical condition;

                             (ii)  a child with a disability or medical condition;

                            (iii)  a lower ADAT score adult; and

                     (b)  if the provisions referred to in subsection (7) were disregarded, the person would cease to qualify under section 197G or 197H for a carer payment for the balance of the period only because the person is participating in the care, in hospital, of:

                              (i)  a child referred to in paragraph (a) of this subsection (the hospitalised person); or

                             (ii)  the hospitalised person and one or more other persons; and

                     (c)  it is reasonable to expect that, upon leaving hospital, the hospitalised person:

                              (i)  will reside in a private residence that is the home of the hospitalised person; or

                             (ii)  if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.

Disregard certain provisions of sections 197B, 197C and 197D

             (7)  For the purposes of paragraphs (2)(a), (4)(b) and (6)(b), disregard the following:

                     (a)  subsection 197B(3) and paragraphs 197B(4)(b), (c) and (d);

                     (b)  subsection 197C(3) and paragraphs 197C(4)(b), (c) and (d);

                     (c)  subsection 197D(3) and paragraphs 197D(4)(b), (c) and (d).

Meaning of expressions

             (8)  An expression used in this section that is defined for the purposes of Part 2.5 has the same meaning in this section as it has in that Part.

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

Qualification conditions for carer payment under section 198

             (1)  A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:

                     (a)  the person meets the qualification conditions for a carer payment set out in subsections 198(2), (3) and (9); or

                     (b)  the following apply:

                              (i)  the person is participating in the care in hospital of another person (the hospitalised person) who is a disabled adult or a dependent child of a disabled adult;

                             (ii)  it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for a carer payment set out in subsections 198(2), (3) and (9) for the hospitalised person or for the hospitalised person and one or more other persons;

                            (iii)  either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.

             (2)  However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (1)(b) for participating in the care in hospital of a disabled adult must not exceed:

                     (a)  63 days in any calendar year; or

                     (b)  another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

Note:          There is no limit for a hospitalised person who is a dependent child.

             (3)  If subsection (1) (including any subsection of section 198 that is applied under that subsection) uses a term that is defined for the purposes of section 198, it has the same meaning in subsection (1) as it has for the purposes of that section.

Carer allowance

             (4)  A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:

                     (a)  the person meets the qualification conditions for carer allowance set out in section 953 as modified by subsection (5); or

                     (b)  the person meets the qualification conditions for carer allowance set out in section 954 as modified by subsection (5); or

                   (ba)  the person meets the qualification conditions for carer allowance set out in section 954A as modified by subsection (5); or

                     (c)  the person is participating in the care in hospital of another person (the hospitalised person), whether that other person is a disabled child or a disabled adult, and:

                              (i)  it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer allowance set out in section 953 or 954 as so modified, whichever is appropriate, for the hospitalised person, or set out in both of sections 953 and 954 as so modified, for the hospitalised person and another person or persons; and

                             (ii)  either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.

             (5)  In this section:

                     (a)  a reference to section 953 as modified by this subsection is a reference to section 953, subject to:

                              (i)  the substitution of a requirement that care receivers be in Australia for the requirement in paragraphs 953(1)(b) and (2)(b); and

                             (ii)  the omission of paragraphs 953(1)(f) and (2)(f); and

                     (b)  a reference to section 954 as modified by this subsection is a reference to section 954, subject to:

                              (i)  the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954(1)(a); and

                             (ii)  the omission of paragraph 954(1)(f); and

                     (c)  a reference to section 954A as modified by this subsection is a reference to section 954A, subject to:

                              (i)  the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954A(1)(a); and

                             (ii)  the omission of paragraph 954A(1)(e).

             (6)  However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (4)(c) for participating in the care in hospital of a disabled adult must not exceed:

                     (a)  63 days in any calendar year; or

                     (b)  another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

Note:          There is no limit for a hospitalised person who is a child.

             (7)  If subsection (4) (including one or more of sections 953, 954 and 954A as modified by subsection (5) and applied under subsection (4)) uses a term that is defined for the purposes of one or more of sections 953, 954 and 954A, that term has the same meaning in subsection (4) as it has for the purposes of one or more of those sections.

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

                   A person to whom this Subdivision applies is not required to satisfy the activity test in respect of the period of 13 weeks commencing the day after the day on which the person is granted a visa included in a class of visas that is issued for temporary protection, humanitarian or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies.

731K  Temporarily incapacitated person not required to satisfy activity test

             (1)  A person to whom this Subdivision applies is not required to satisfy the activity test in respect of a period if:

                     (a)  throughout the period the person is incapacitated for work 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)  the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:

                              (i)  the medical practitioner’s diagnosis; and

                             (ii)  the medical practitioner’s prognosis; and

                            (iii)  that the person is incapacitated for work; and

                            (iv)  the period for which the person is incapacitated for work; and

                     (e)  the Secretary is satisfied that the incapacity has not been brought about with a view to avoiding any requirement to satisfy the activity test.

          (1A)  The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding the following:

                     (a)  whether paragraph (1)(a), (b) or (c) applies to a person in respect of a period;

                     (b)  whether, for the purposes of paragraph (a) of the definition of work in subsection (2), work is of a kind that a person could be reasonably expected to do.

          (1B)  The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).

             (2)  In this section:

work, in relation to a person, means work (whether full‑time, part‑time, permanent or casual) that:

                     (a)  is of a kind that the person could, in the Secretary’s opinion, be reasonably expected to do; and

                     (b)  is for at least 8 hours per week on wages that are at or above the relevant minimum wage.

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

             (1)  A person ceases to be exempt, under this Subdivision, from the activity test if the Secretary is satisfied that, although the person meets the requirements of section 731K, the person should undertake one or more activities that the Secretary regards as suitable for the person.

             (2)  The cessation occurs:

                     (a)  if the person has been required to enter into a Special Benefit Employment Pathway Plan but has failed to enter that plan—when the person so failed; or

                     (b)  in any other case—when the person has entered into such a plan.

Subdivision ABSpecial Benefit Employment Pathway Plans for persons who are nominated visa holders

731L  Special Benefit Employment Pathway Plans—requirement to enter

             (1)  Subject to this section, if a person who is a nominated visa holder:

                     (a)  has made a claim for special benefit; or

                     (b)  is in receipt of special benefit;

the Secretary may require the person to enter into a Special Benefit Employment Pathway Plan.

             (2)  If a Special Benefit Employment Pathway Plan is in force in relation to a person, the Secretary may require the person to enter into another plan instead of the existing one.

             (3)  Subsections (1) and (2) do not apply to a person who, under section 731DA, 731DB, 731E, 731F or 731JA, is not required to satisfy the activity test.

          (3A)  If, under section 731K, a person is not required to satisfy the activity test, subsections (1) and (2) apply to the person only if subsection 731KA(1) applies to the person.

             (4)  The Secretary is to give a person who is required to enter into a Special Benefit Employment Pathway Plan notice of:

                     (a)  the requirement; and

                     (b)  the places and times at which the plan is to be negotiated.

             (5)  A Special Benefit Employment Pathway Plan must be in a form approved by the Secretary.

731M  Special Benefit Employment Pathway Plans—terms

Suitable requirements

             (1)  Subject to subsection (2) and to sections 731N to 731Q, a Special Benefit Employment Pathway Plan that is in force in relation to a person is to contain one or more terms (the requirements) that:

                     (a)  the person is required to comply with; and

                     (b)  the Secretary regards as suitable for the person.

          (1A)  A plan must not contain a requirement of a kind that the Secretary determines under subsection (1B).

          (1B)  The Secretary must determine, by legislative instrument, kinds of requirements that plans must not contain.

          (1C)  To avoid doubt, a determination under subsection (1B) does not limit the Secretary’s discretion to exclude other kinds of requirements from a particular plan under subsection (1).

             (2)  A plan must not require the person concerned to participate in an approved program of work for income support payment if:

                     (a)  the person has not turned 18; or

                     (b)  the person or the person’s partner has income; or

                     (c)  in the Secretary’s opinion:

                              (i)  it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

                             (ii)  performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or

                     (d)  the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.

Note:          Section 731Q provides for revocation of such requirements.

Optional terms

          (2A)  A plan may also contain one or more terms that the person may, but is not required to, comply with.

Approval of requirements

             (3)  The requirements in a plan are to be approved by the Secretary.

             (4)  In considering whether to approve the requirements in a plan that will be in force in relation to a person, the Secretary is to have regard to:

                     (a)  the person’s capacity to comply with the requirements; and

                     (b)  the person’s needs.

             (5)  In having regard to a person’s capacity to comply with the requirements in a plan, the Secretary is to take into account, but is not limited to, the following matters:

                     (a)  the person’s education, experience, skills and age;

                    (aa)  the impact of any disability, illness, mental condition or physical condition of the person on the person’s ability to work, to look for work or to participate in training activities;

                     (b)  the state of the local labour market and the transport options available to the person in accessing that market;

                     (c)  the participation opportunities available to the person;

                     (d)  the family and caring responsibilities of the person;

                     (e)  the length of travel time required to comply with the requirements;

                      (f)  the financial costs (such as travel costs) of complying with the requirements, and the person’s capacity to pay for such costs;

                     (g)  any other matters that the Secretary or the person considers relevant in the circumstances.

Variation, suspension, cancellation and review

             (6)  A plan that is in force in relation to a person:

                     (a)  may be varied (in negotiation with the person) or suspended by the Secretary; and

                     (b)  must be cancelled by the Secretary if the person enters into another Special Benefit Employment Pathway Plan; and

                     (c)  may be reviewed from time to time by the Secretary at the request of the Secretary or the person; and

                     (d)  may be cancelled by the Secretary after a review under paragraph (c).

Circumstances preventing or affecting compliance

             (7)  If a plan is in force in relation to a person, the person must notify the Secretary of any circumstances preventing or affecting the person’s capacity to comply with the requirements in the plan.

731N  Special Benefit Employment Pathway Plans—principal carers

             (1)  A Special Benefit Employment Pathway Plan that:

                     (a)  is in force in relation to a person who is the principal carer of at least one child; and

                     (b)  requires the person to undertake, as an activity, looking for part‑time work that the Secretary regards as suitable;

must require the person to undertake looking for such part‑time work of at least the appropriate number of hours per week.

Note:          For principal carer see subsections 5(15) to (24).

             (2)  The appropriate number of hours per week is:

                     (a)  15; or

                     (b)  such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.

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

             (1)  A Special Benefit Employment Pathway Plan that:

                     (a)  is in force in relation to a person who has a partial capacity to work; and

                     (b)  requires the person to undertake, as an activity, looking for part‑time work that the Secretary regards as suitable;

must require the person to undertake looking for such part‑time work of at least the appropriate number of hours per week.

Note:          For partial capacity to work see section 16B.

             (2)  The appropriate number of hours per week is:

                     (a)  15; or

                     (b)  such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.

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

             (1)  If a Special Benefit Employment Pathway Plan that is in force in relation to a person requires the person to participate in an approved program of work for income support payment, the Secretary may, by notice given to the person, revoke the requirement to participate in the program if the Secretary:

                     (a)  is satisfied that the person or the person’s partner has income; or

                     (b)  forms the opinion that:

                              (i)  it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or

                             (ii)  performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or

                     (c)  is satisfied that the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.

             (2)  Upon the Secretary so notifying the person, the requirement is taken to have been revoked with effect from the day specified in the notice.

731R  Special Benefit Employment Pathway Plans—suspension of plans in cases of domestic violence etc.

                   A Special Benefit Employment Pathway Plan that is in force in relation to a person is taken to be suspended during any period during which the person is not required to satisfy the activity test because of section 731DA or 731DB.

Subdivision BPayability

732  Special benefit not payable if benefit rate nil

             (1)  Subject to subsection (2), special benefit is not payable to a person if the person’s special benefit rate would be nil.

             (2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because:

                     (a)  an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or

                     (b)  the person has been paid an advance pharmaceutical allowance under the social security law.

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

             (1)  A special benefit is not payable to a person if:

                     (a)  the person is not excluded from the special benefit 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 special benefit assets test if the person:

                     (a)  has not turned 18; and

                     (b)  is not independent within the meaning of section 1067A.

             (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 the assets value limit column.

 

Assets value limit table

Column 1

Column 2

Column 3

Assets value limit

Item

Person’s family situation

Column 3A

Either person or partner homeowner

Column 3B

Neither person nor partner homeowner

1.

Not member of a couple

$110,750

$190,250

2.

Partnered (partner getting neither pension nor benefit)

$157,500

$237,000

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:       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 734(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 734(2)).

Note 4:       If a special benefit is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

Note 5:       The assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).

Note 6:       The assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).

Note 7:       The item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).

734  Value of assets of members of couples

             (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, service pension or income support supplement; and

                             (ii)  is not in receipt of a social security benefit;

the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.

Note:          For social security pension see subsection 23(1).

             (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, service pension or income support supplement; or

                             (ii)  a social security benefit;

the following provisions have effect:

                     (c)  the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and

                     (d)  the value of the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of assets of that kind of the person’s partner.

735  Multiple entitlement exclusion

             (1)  Special benefit is not payable to a person if the person is already receiving a service pension or income support supplement.

             (2)  If:

                     (a)  a person is receiving special benefit; and

                     (b)  a social security pension, another social security benefit, service pension or income support supplement becomes payable to the person;

the special benefit is not payable to the person.

Note 1:       Another payment type will generally not become payable to the person until the person claims it.

Note 2:       For social security pension and social security benefit see subsection 23(1).

             (3)  Special benefit is not payable to a woman if:

                     (a)  the woman is an armed services widow; and

                     (b)  the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;

unless:

                     (c)  the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and

                     (d)  before 1 November 1986 the woman was also receiving a social security benefit.

Note:          For armed services widow see subsection 4(1).

             (4)  Special benefit is not payable to a man if:

                     (a)  the man is an armed services widower; and

                     (b)  the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note:          For armed services widower see subsection 4(1).

             (5)  Special benefit is not payable to a person if:

                     (a)  the person is an armed services widow or an armed services widower; and

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

Note 1:       For armed services widow and armed services widower see subsection 4(1).

Note 2:       For MRCA see subsection 23(1).

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

             (1)  If:

                     (a)  a person, other than a person who is a nominated visa holder, is receiving, or has lodged a claim for, special benefit; and

                     (b)  the Secretary is of the opinion that the person should:

                              (i)  undertake a course of vocational training; or

                             (ii)  undertake a course:

                                        (A)  which the person could reasonably undertake; and

                                        (B)  to which the person has been referred by the Secretary; or

                            (iii)  do any work suitable to be done by the person; and

                     (c)  the Secretary notifies the person that the person is required to:

                              (i)  undertake that course; or

                             (ii)  do that work; and

                     (d)  the person does not comply with the Secretary’s requirements;

special benefit is not payable to the person for a period determined by the Secretary.

             (2)  The Secretary may determine that special benefit is payable for a period for which he or she had previously determined that it was not payable under subsection (1) if, within a reasonable period, the person complies with the Secretary’s requirements.

737  Full‑time students

             (1)  Subject to subsection (3), a special benefit is not payable to a person:

                     (a)  who has turned 18; or

                     (b)  who satisfies both of the following:

                              (i)  the person has not turned 16; and

                             (ii)  the person is not a SPB homeless person;

if the person is enrolled in a full‑time course of education or of vocational training.

Note:          For SPB homeless person see section 739.

Period for which benefit not payable

             (2)  The period for which a special benefit is not payable under subsection (1) is 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.

Subsection (1) does not apply in certain cases

             (3)  Subsection (1) does not prevent a special benefit from being payable for any period during which:

                     (a)  a person is enrolled in a course of study that the Secretary has required the person to undertake under section 736; or

                     (b)  the person is engaged in a course undertaken under a Special Benefit Employment Pathway Plan; or

                     (c)  the person has deferred a course of education.

738  Payments under certain education schemes

             (1)  Subject to subsections (2) and (3), a special benefit is not payable to a person:

                     (a)  who has turned 18; or

                     (b)  who satisfies both of the following:

                              (i)  the person has not turned 16;

                             (ii)  the person is not a SPB homeless person;

if a payment has been made or may be made in respect of the person for the same period under:

                     (c)  a prescribed educational scheme other than the ABSTUDY scheme to the extent that it applies to part‑time students; or

                     (d)  the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or

                     (e)  the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or

                      (f)  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 1:       For prescribed educational scheme see section 5.

Note 2:       For SPB homeless person see section 739.

             (2)  If:

                     (a)  a person may start a course of education on a full‑time basis; and

                     (b)  a payment under a scheme referred to in subsection (1) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (1), a special benefit is payable to the person for a period before the person starts the course.

             (3)  If:

                     (a)  a person enrols in a full‑time course of education; and

                     (b)  an application is made for a payment in respect of the person under:

                             (ii)  the ABSTUDY Schooling scheme; or

                            (iii)  the ABSTUDY Tertiary scheme; and

                     (c)  the person was receiving special benefit immediately before the start of the course;

the Secretary may decide that, in spite of subsection (1), special benefit is payable to the person for the period of 3 weeks commencing on the day on which the course starts.

739  SPB homeless person

                   For the purposes of subparagraphs 737(1)(b)(ii) and 738(1)(b)(ii), a person is an SPB homeless person if:

                     (a)  the person is not a member of a couple; and

                     (b)  the person does not have a dependent child; and

                     (c)  the person meets the conditions in subsection 1067A(9) (which is about being independent).

739A  Newly arrived resident’s waiting period

             (1)  Subject to this section, a person who, on or after the commencement of this subsection:

                     (a)  enters Australia; or

                     (b)  becomes the holder of a permanent visa; or

                     (e)  becomes the holder of a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph;

is subject to a newly arrived resident’s waiting period.

             (2)  Subject to this section, if, immediately before the commencement of this subsection, a person was the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subsection, the person is subject to a newly arrived resident’s waiting period.

             (3)  If:

                     (a)  a person is subject to a newly arrived resident’s waiting period; and

                     (b)  before, on or after the commencement of this subsection, the person applies for a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph;

the waiting period:

                     (c)  starts on the day on which the person applied for that visa; and

                     (d)  ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

             (4)  If:

                     (a)  a person is subject to a newly arrived resident’s waiting period; and

                     (b)  before, on or after the commencement of this subsection, the person was the holder of a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph;

the period:

                     (c)  starts on the day on which the person applied for that visa; and

                     (d)  ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

             (5)  If:

                     (a)  a person is subject to a newly arrived resident’s waiting period; and

                     (b)  neither subsection (3) nor (4) apply to the person;

the waiting period starts on the day on which the person:

                     (c)  first entered Australia; or

                     (d)  becomes the holder of a permanent visa;

whichever occurs last, and ends on the day after the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

             (6)  Neither subsection (1) nor (2) applies to a person if the person holds, or was the former holder of, a visa in a class of visas determined by the Minister, by legislative instrument, for the purposes of this subsection.

             (7)  Neither subsection (1) nor (2) apply to a person if the person, in the Secretary’s opinion, has suffered a substantial change in circumstances beyond the person’s control.

Note:          For permanent visa see subsection 7(1).

             (8)  Paragraphs 3(1)(e) and (g) of the Social Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods and Other Measures) Act 1997, so far as they relate to this section, do not apply to a person if:

                     (a)  on or after 1 January 2012, the person makes a claim for special benefit; and

                     (b)  subparagraph 729(2)(f)(v) of this Act applies in relation to the person; and

                     (c)  the visa the person holds is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph.

739B  Secretary to act in accordance with guidelines

                   The Secretary must exercise the powers under subsection 739A(7), in accordance with guidelines from time to time in force under section 739C.

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

                   The Minister, by legislative instrument:

                     (a)  is to set guidelines for the exercise of the Secretary’s powers under subsection 739A(7); and

                     (b)  may revoke or vary those guidelines.

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

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

                   Special benefit is not payable to a person who is a nominated visa holder if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.

Subdivision EActivities that do not give rise to employment under certain industrial relations legislation

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

                   A person who is a nominated visa holder is not to be taken to be one of the following merely because the person participates in an approved program of work for income support payment, or undertakes an activity (other than suitable paid work), in accordance with a term (including an optional term) of a Special Benefit Employment Pathway Plan under section 731M:

                     (a)  a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011;

                     (b)  an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988;

                     (c)  an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992;

                     (d)  an employee for the purposes of the Fair Work Act 2009.

Subdivision FOther situations where special benefit not payable to persons who are nominated visa holders

745M  Seasonal workers

             (1)  This section applies if, at any time during the 6 months immediately before the day on which a person who is a nominated visa holder lodges a claim for special benefit, the person or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work within the meaning of subsection 16A(1).

             (2)  Special benefit is not payable to the person:

                     (a)  if the person is subject to a seasonal work preclusion period within the meaning of subsection 16A(1) (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

                     (b)  if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

             (3)  If the Secretary is satisfied that a person is in severe financial hardship within the meaning of subsection 19C(2) or (3), whichever is appropriate, because the person has incurred unavoidable or reasonable expenditure within the meaning of subsection 19C(4) while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

                     (a)  the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

                     (b)  the determination has effect accordingly.

745N  Move to area of lower employment prospects

             (1)  Subject to subsection (3), if, in the opinion of the Secretary, a person who is a nominated visa holder has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, special benefit is not payable to the person for 26 weeks.

             (2)  Subsection (1) extends to a person who makes a claim for special benefit on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.

             (3)  If a person to whom special benefit is not payable under subsection (1) for a period of 26 weeks (including that subsection as it applies by virtue of subsection (2)) does either of the following during that period:

                     (a)  moves back to the place of residence (the original place of residence) the movement from which resulted in special benefit not being payable to him or her;

                     (b)  moves to another place of residence a movement to which from the original place of residence would not have resulted in special benefit not being payable to him or her;

the period of 26 weeks ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.

             (4)  For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if and only if the person:

                     (a)  moves to live with a family member who has already established his or her residence in that place of residence; or

                     (b)  moves to live near a family member who has already established residence in the same area; or

                     (c)  satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a physical disease or illness suffered by the person or by a family member; or

                     (d)  satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).

             (5)  The Secretary may determine in writing the day on which the period of non‑payment imposed by subsection (1) commences and that day may be before the day of the determination.

Division 4Rate of special benefit

746  Rate of special benefit

             (1)  The rate of a person’s special benefit is the fortnightly rate determined by the Secretary in his or her discretion.

             (2)  The rate of a person’s special benefit is not to exceed the rate at which youth allowance, austudy payment or newstart allowance would be payable to the person if:

                     (a)  the person were qualified for youth allowance, austudy payment or newstart allowance; and

                     (b)  youth allowance, austudy payment or newstart allowance were payable to the person.

             (3)  In working out, for the purposes of subsection (2), the rate at which youth allowance would be payable to a person, disregard any amount by which the rate would be increased because of point 1067G‑B3A or 1067G‑D1 of the Youth Allowance Rate Calculator.

             (4)  In working out, for the purposes of subsection (2), the rate at which newstart allowance would be payable to a person, disregard any amount by which the rate would be increased because of point 1068‑B5 of Benefit Rate Calculator B.

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

                   If a person who is a nominated visa holder:

                     (a)  is receiving special benefit; and

                     (b)  is participating in an approved program of work for income support payment;

the rate of the person’s special benefit is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program unless, during that fortnight, the person subsequently ceases to participate in the program in circumstances that constitute:

                     (c)  a failure of the activity test to which the person is subject; or

                     (d)  a failure to comply with a requirement in a Special Benefit Employment Pathway Plan that is in force in relation to the person.

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

             (1)  If:

                     (a)  a person who is a nominated visa holder is receiving special benefit; and

                     (b)  while the person is receiving that benefit the person becomes engaged in industrial action, or in a series of industrial actions, that leads to the person’s unemployment or to a decrease in the person’s level of income;

the rate of special benefit payable to the person is to be determined as if the person had continued, for the period of that industrial action, to be employed and to receive income at the level at which it would have been received if the person had not engaged in that action.

             (2)  Subsection (1) does not apply in relation to a person if the Secretary is satisfied:

                     (a)  that the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

                     (b)  the people or some of the people were members of a trade union that was involved in the industrial action; and

                     (c)  the person was not a member of the trade union during the period of the industrial action.

             (3)  Subject to subsection (4), subsections (1) and (2) do not affect the rate of special benefit payable to a person in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

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

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

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

                     (c)  the Federal Court of Australia; or

                     (d)  the Federal Circuit Court of Australia;

the rate of special benefit payable to a person is to continue to be determined in accordance with subsection (1) but subject to subsection (2) until the end of a period of 6 weeks after the relevant industrial action or series of industrial actions has stopped.

Division 9Bereavement payments

Subdivision AADeath of partner

768A  Qualification for payments under this Subdivision

             (1)  If:

                     (a)  a person is receiving a special benefit; and

                     (b)  the person is a long‑term social security recipient; and

                     (c)  the person is a member of a couple; and

                     (d)  the person’s partner dies; and

                     (e)  immediately before the partner died, the partner:

                              (i)  was receiving a social security pension; or

                             (ii)  was receiving a service pension or income support supplement; or

                            (iii)  was a long‑term social security recipient; and

                      (f)  on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

                              (i)  the amount that would otherwise be payable to the person under section 768D (person’s continued rate) on that payday; and

                             (ii)  the amount (if any) that would otherwise be payable to the person, under section 768B (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 768B 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 768C 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.

Note 3:       For long‑term social security recipient see subsection 23(1).

             (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 newstart allowance is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 768D.

768B  Continued payment of partner’s pension or benefit

                   If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.

768C  Lump sum payable in some circumstances

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

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 person’s payday immediately before the first available bereavement adjustment payday; and

              (b)     the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;

              the result is called the combined rate.

Step 2.   Work out the amount that, but for section 768D, would have been payable to the person on the person’s 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 rate: the result is called the partner’s instalment component.

Step 4.   Work out the number of the partner’s paydays in the bereavement lump sum period.

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 to the person under this section.

768D  Adjustment of a person’s special benefit rate

                   If:

                     (a)  a person is qualified for payments under this Subdivision; and

                     (b)  the person does not elect under subsection 768A(2) not to receive payments under this Subdivision;

the rate of the person’s special benefit during the bereavement period is worked out as follows:

                     (c)  during the bereavement rate continuation period, the rate of special benefit payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died;

                     (d)  during the bereavement lump sum period (if any), the rate at which special benefit is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.

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

                   If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  the person dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the person’s partner before the person dies;

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

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 person’s payday immediately after the day on which the person dies; and

              (b)     the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died;

              the result is called the combined rate.

Step 2.   Work out the amount that, but for section 768D, would have been payable to the person on the person’s 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 paydays of the partner in the period that commences on the day on which 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.

768F  Matters affecting payments under this Subdivision

             (1)  If:

                     (a)  a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

                     (b)  after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA 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)  the 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 or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

Part 2.15APartner allowance

Division 1AApplication of Part

771  Time limits on claims for partner allowance

             (1)  In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a partner allowance under this Part unless:

                     (a)  the person’s claim for the allowance:

                              (i)  was lodged before 20 September 2003; or

                             (ii)  is taken, because of the operation of section 13 or 15 of the Administration Act, to have been made before 20 September 2003; and

                     (b)  the person was qualified for the allowance:

                              (i)  in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and

                             (ii)  in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.

             (2)  Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a partner allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date.

             (3)  Nothing in this section affects the operation of section 85 of the Administration Act.

Division 1Qualification for and payability of partner allowance

Subdivision AQualification for partner allowance

771HA  Qualification for partner allowance

             (1)  Subject to subsections (1A) and (3), and section 771HB, a person is qualified for a partner allowance in respect of a period if:

                     (a)  throughout the period, the person is a member of a couple; and

                     (b)  throughout the period, the person’s partner is at least 21; and

                     (c)  the person’s partner is receiving:

                              (i)  youth allowance, austudy payment, newstart allowance, sickness allowance, special benefit, age pension, disability support pension, mature age allowance, service pension or income support supplement; or

                             (ii)  assistance under a Student Financial Supplement Scheme or an income tested living allowance under an Aboriginal study assistance scheme; and

                     (d)  throughout the period, the person is an Australian resident; and

                     (e)  the person was born on or before 1 July 1955; and

                      (f)  the person is not qualified for parenting payment at any time during the period; and

                     (h)  the person does not have recent workforce experience.

Note 1:       For member of a couple see section 4.

Note 2:       For Australian resident see section 7.

          (1A)  If the Secretary determines under section 36 of the Administration Act that a person’s claim for partner allowance is to be granted, the person’s partner need not satisfy the requirements of paragraph (1)(c) in order for the person to remain qualified for the allowance.

          (1B)  For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving newstart allowance if the person’s partner would be receiving newstart allowance except for:

                     (a)  the application of a compliance penalty period; or

                     (b)  the application of a period of non‑payment under section 634.

Note:          For compliance penalty period see subsection 23(1).

       (1BA)  For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving youth allowance if the person’s partner would be receiving youth allowance except for:

                     (a)  the application of a compliance penalty period; or

                     (b)  the application of an employment‑related exclusion under section 553A or 553B.

Note:          For compliance penalty period see subsection 23(1).

        (1BB)  For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving austudy payment if the person’s partner would be receiving austudy payment except for the application of a compliance penalty period.

Note:          For compliance penalty period see subsection 23(1).

          (1C)  For the purposes of paragraph (1)(h), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the day the person lodged the claim for the allowance.

Person subject to waiting period or non‑payment period

             (3)  If youth allowance, austudy payment, newstart allowance or sickness allowance is not payable to a person because:

                     (a)  the person is serving a waiting period; or

                     (b)  a compliance penalty period applies to the person; or

                   (ba)  a period of non‑payment applies to the person under section 634; or

                     (c)  the person is subject to an employment‑related exclusion for a period under section 553B or 553C;

the person is not qualified for a partner allowance throughout the period.

Note 1:       For waiting period see subsection 23(1).

Note 2:       For compliance penalty period see subsection 23(1).

771HB  Unemployment due to industrial action

             (1)  If a person is unemployed during a period, the person is not qualified for a partner allowance in respect of the period unless the Secretary is satisfied that the person’s unemployment during the period was not due to the person being, or having been, engaged in industrial action or a series of industrial actions.

             (2)  For the purposes of subsection (1) and without limiting that subsection, a person is to be taken not to be, or to have been, engaged in industrial action or in a series of industrial actions if the Secretary is satisfied:

                     (a)  the person’s unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

                     (b)  the people, or some of the people, were members of a trade union which was involved in the industrial action; and

                     (c)  the person was not a member of the trade union during the period.

             (3)  Subject to subsection (4), subsection (1) does not prevent a person from being qualified for a partner allowance in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

Note:          For industrial action, trade union and unemployment see section 16.

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

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

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

                     (c)  the Federal Court of Australia; or

                     (d)  the Federal Circuit Court of Australia;

a person is not qualified for a partner allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.

Subdivision BPayability of partner allowance

771HC  Partner allowance not payable if allowance rate nil

             (1)  Subject to subsection (2), a partner allowance is not payable to a person if the person’s partner allowance rate would be nil.

             (2)  Subsection (1) does not apply to a person if the person’s rate would be nil merely because:

                     (a)  an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or

                     (b)  the person has been paid an advance pharmaceutical allowance under the social security law.

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

             (1)  A partner allowance is not payable to a person if the value of the person’s assets exceeds the person’s assets value limit.

Note:          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 (3)).

             (2)  A person’s assets value limit is worked out using the following Table:

 

Assets value limit table

Column 1

Item

Column 2

Person’s situation

Column 3

Assets value limit

1.

Person or partner a homeowner

$80,250.00

2.

Neither person nor partner a homeowner

$120,500.00

Note 1:       For homeowner see section 11.

Note 2:       The assets value limits in column 3 are indexed annually in line with CPI increases (see sections 1191 to 1194).

             (3)  The value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner.

             (4)  The amounts in column 3 of the Assets Value Limit Table are to be indexed on 1 July 1994 as if this section and items 79A and 79B of Schedule 2 had commenced on 30 June 1993.

771HI  Multiple entitlement exclusion

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

             (2)  If:

                     (a)  a person is receiving a partner allowance; and

                     (b)  a social security pension, another social security benefit or a service pension becomes payable to the person;

a partner allowance is not payable to the person.

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

             (3)  A partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

             (4)  A partner allowance is not payable to a person if the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.

Note:          For MRCA see subsection 23(1).

771HJ  Educational schemes exclusion

                   A partner allowance is not payable to a person for a period if the person is receiving a payment for that period under:

                     (b)  the ABSTUDY Scheme; or

                     (c)  a Student Financial Supplement Scheme.

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

                   The maximum basic rate, and the remote area allowance, of partner allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1:       For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2:       For CDEP Scheme participant see subsection 23(1).

771HNA  Newly arrived resident’s waiting period

             (1)  Subject to this section, a person who:

                     (a)  has entered Australia on or after 1 January 1993; and

                     (b)  has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

is subject to a newly arrived resident’s waiting period.

             (2)  Subsection (1) does not apply to a person who has a qualifying residence exemption for a partner allowance.

Note:          For qualifying residence exemption see subsection 7(6).

             (4)  Subsection (1) does not apply to a person if:

                     (a)  the person is already subject to a newly arrived resident’s waiting period; or

                     (b)  the person has already served a newly arrived resident’s waiting period; or

                     (c)  the person:

                              (i)  has previously entered Australia before 1 January 1993; and

                             (ii)  held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.

             (5)  Subsection (1) does not apply to a person if:

                     (a)  the person is a New Zealand citizen; and

                     (b)  the person was an Australian resident on 1 February 2000.

771HNB  Duration of newly arrived resident’s waiting period

             (1)  If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.

             (3)  The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note:          This rule does not apply to people who were already subject to, or had already served, a newly arrived resident’s waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

771HNC  Seasonal workers

             (1)  This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for partner allowance, the person, or the person’s partner, has been engaged in seasonal work.

Note:          For seasonal work see subsection 16A(1).

             (2)  Partner allowance is not payable to the person:

                     (a)  if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

                     (b)  if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

Note:          For seasonal work preclusion period see subsection 16A(1).

             (3)  If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

                     (a)  the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

                     (b)  the determination has effect accordingly.

Note 1:       For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2:       For unavoidable or reasonable expenditure see subsection 19C(4).

Division 4Rate of partner allowance

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

                   If section 771KE does not apply to a person, the person’s rate of partner allowance is worked out using the Benefit Rate Calculator B at the end of section 1068.

771KE  Rate of partner allowance if partner receiving special benefit

             (1)  If a person’s partner is receiving a special benefit, the person’s rate of partner allowance is the fortnightly rate determined by the Secretary in his or her discretion.

             (2)  The rate of a person’s partner allowance is not to exceed the rate at which youth allowance, austudy payment or newstart allowance would be payable to the person if:

                     (a)  the person were qualified for youth allowance, austudy payment or newstart allowance; and

                     (b)  youth allowance, austudy payment or newstart allowance were payable to the person.

771KN  CDEP Scheme participant may accumulate partner allowance

             (1)  A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any partner allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.

             (2)  If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after:

                     (a)  unless paragraph (b) applies, the last day of the quarter; or

                     (b)  if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

             (3)  In this section:

quarter means a CDEP Scheme quarter.

Note 1:       For CDEP Scheme participant see section 1188B.

Note 2:       For CDEP Scheme quarter see subsection 23(1).

Division 9Bereavement payments

Subdivision ASurviving partner and deceased partner defined

771NT  Surviving partner and deceased partner

                   If:

                     (a)  a person is receiving partner allowance; and

                     (b)  the person’s partner dies;

then, for the purposes of this Division:

                     (c)  the person is the surviving partner; and

                     (d)  the person’s partner is the deceased partner.

Subdivision BPerson to continue to receive partner allowance where person’s partner dies

771NU  Continuation of partner allowance for bereavement period

             (1)  If:

                     (a)  a person is receiving partner allowance; and

                     (b)  the person’s partner dies; and

                     (c)  immediately before the deceased partner died:

                              (i)  if the deceased partner was receiving a social security pension, a service pension or income support supplement—the surviving partner was a long‑term social security recipient; or

                             (ii)  if the deceased partner was receiving a social security benefit or a job search allowance—each partner was a long‑term social security recipient;

the surviving partner remains qualified for partner allowance during the bereavement period as if:

                     (d)  the deceased partner had not died; and

                     (e)  the deceased partner had continued to receive newstart allowance, sickness allowance, special benefit, age pension, disability support pension, mature age allowance, service pension or income support supplement; and

                      (f)  the surviving partner and the deceased partner had continued to be members of a couple.

Rate of partner allowance during bereavement rate continuation period

             (2)  The surviving partner’s partner allowance rate during the bereavement rate continuation period is the rate of the partner allowance that would have been payable to the surviving partner if:

                     (a)  the deceased partner had not died; and

                     (b)  if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.

Rate of partner allowance during the bereavement lump sum period

             (3)  The surviving partner’s partner allowance rate during the bereavement lump sum period (if any) is worked out as follows:

                    (aa)  if the deceased partner was receiving a youth allowance or an austudy payment immediately before he or she died, the rate of partner allowance is the rate at which a partner allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for youth allowance or austudy payment (as the case may be); and

                             (ii)  the surviving partner was not a member of a couple;

                     (b)  if the deceased partner was receiving newstart allowance immediately before he or she died, the rate of partner allowance is the rate at which newstart allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for newstart allowance; and

                             (ii)  the surviving partner was not a member of a couple;

                     (c)  if the deceased partner was receiving sickness allowance immediately before he or she died, the rate of partner allowance is the rate at which sickness allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for sickness allowance; and

                             (ii)  the surviving partner was not a member of a couple;

                     (d)  if the deceased partner was receiving special benefit immediately before he or she died, the rate of partner allowance is the rate at which special benefit would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for special benefit; and

                             (ii)  the surviving partner was not a member of a couple;

                     (e)  if the deceased partner was receiving age pension, disability support pension or mature age allowance immediately before he or she died, the rate of partner allowance is the rate at which newstart allowance would have been payable to the surviving partner if:

                              (i)  the surviving partner had been qualified for newstart allowance; and

                             (ii)  the surviving partner was not a member of a couple.

Note 1:       For long‑term social security recipient see subsection 23(1).

Note 2:       For bereavement period, bereavement rate continuation period and bereavement lump sum period see section 21.

Subdivision CBereavement payments for person receiving partner allowance following death of the person’s partner

771NV  Qualification for payments under this Subdivision

             (1)  If:

                     (a)  a person is receiving partner allowance; and

                     (b)  the person’s partner dies; and

                     (c)  immediately before the deceased partner died, the deceased partner was a long term social security recipient;

the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.

Note 1:       Section 771NW provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.

Note 2:       Section 771NX provides for a lump sum that represents the instalments that would have been paid to the surviving partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.

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

             (3)  An election under subsection (2):

                     (a)  must be made by written notice to the Secretary; and

                     (b)  may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and

                     (c)  cannot be withdrawn after the Department has taken all the action required to give effect to that election.

771NW  Continued payment of deceased partner’s benefit

                   If a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner, there is payable to the surviving partner, on each of the deceased partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the deceased partner on that payday if he or she had not died.

771NX  Lump sum payable in some circumstances

             (1)  If:

                     (a)  a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and

                     (b)  the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the surviving partner as a lump sum an amount worked out using the following Lump Sum Calculator:

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the deceased partner had not died; and

              (b)     if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 2.   Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately before the first available bereavement adjustment payday if:

               (a)     the deceased partner had not died; and

              (b)     if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the surviving partner’s notional rate using subsection (2), (2A), (3), (4), (5) or (6) (whichever applies).

                   Note:             The subsection that you use depends on whether the deceased partner was receiving a job search allowance, newstart allowance, sickness allowance, special benefit, age pension, disability support pension or mature age allowance before he or she died.

Step 5.   Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.   Work out the number of the deceased partner’s paydays in the bereavement lump sum period.

Step 7.   Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the surviving partner under this section.

Deceased partner receiving youth allowance or austudy payment

          (2A)  If, immediately before the deceased partner died, he or she was receiving youth allowance or austudy payment, the surviving partner’s notional rate is the amount of youth allowance or austudy payment that would have been payable to the surviving partner on the surviving partner’s pay day immediately before the first available bereavement adjustment pay day if:

                     (a)  a youth allowance or an austudy payment had been payable to the surviving partner on that pay day; and

                     (b)  the surviving partner was not a member of a couple on that pay day.

Deceased partner receiving newstart allowance

             (3)  If, immediately before the deceased partner died, he or she was receiving newstart allowance, the surviving partner’s notional rate is the amount of newstart allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

                     (a)  a newstart allowance had been payable to the surviving partner on that payday; and

                     (b)  the surviving partner was not a member of a couple on that payday.

Deceased partner receiving sickness allowance

             (4)  If, immediately before the deceased partner died, he or she was receiving sickness allowance, the surviving partner’s notional rate is the amount of sickness allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

                     (a)  a sickness allowance had been payable to the surviving partner on that payday; and

                     (b)  the surviving partner was not a member of a couple on that payday.

Deceased partner receiving special benefit

             (5)  If, immediately before the deceased partner died, he or she was receiving special benefit, the surviving partner’s notional rate is the amount of special benefit that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

                     (a)  a special benefit had been payable to the surviving partner on that payday; and

                     (b)  the surviving partner was not a member of a couple on that payday.

Deceased partner receiving other social security payment

             (6)  If, immediately before the deceased partner died, he or she was receiving age pension, disability support pension or mature age allowance, the surviving partner’s notional rate is the amount of newstart allowance that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

                     (a)  newstart allowance had been payable to the surviving partner on that payday; and

                     (b)  the surviving partner was not a member of a couple on that payday.

771NY  Effect of death of surviving partner

                   If:

                     (a)  a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and

                     (b)  the surviving partner dies within the bereavement period; and

                     (c)  the Secretary does not become aware of the death of the deceased partner before the surviving partner dies;

there is payable as a lump sum, to any person that the Secretary thinks appropriate, an amount worked out using the following Lump Sum Calculator:

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1.   Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:

               (a)     neither the surviving partner nor the deceased partner had died; and

              (b)     if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 2.   Work out the amount that would have been payable to the deceased partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:

               (a)     neither the surviving partner nor the deceased partner had died; and

              (b)     if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

                   Note:             For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 3.   Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.   Work out the amount that, but for section 771NU, would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if he or she had not died: the result is called the surviving partner’s individual rate.

Step 5.   Take the surviving partner’s individual rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.   Work out the number of the surviving partner’s paydays in the period that commences on the day on which the surviving partner dies and ends on the day on which the bereavement period ends.

Step 7.   Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

771NZ  Matters affecting payments under this Subdivision

             (1)  If:

                     (a)  the surviving partner is qualified for payments under this Subdivision; and

                     (b)  after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and

                     (c)  the Secretary is not satisfied that the surviving partner had not had the benefit of that amount;

the following provisions have effect:

                     (d)  the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal representative of the deceased partner, except to the extent (if any) that the amount exceeds the amount payable to the surviving partner under this Subdivision;

                     (e)  the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).

             (2)  If:

                     (a)  the surviving partner is qualified for payments under this Subdivision; and

                     (b)  an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

                     (c)  the bank pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.

Subdivision DBereavement payment in respect of former CDEP Scheme participant

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

                   If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 771HK had not been enacted.

Note:          For CDEP Scheme participant see section 1188B.

Part 2.16Special needs pensions

Division 1ATime limit on grant of special needs wife pension

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

             (1)  In spite of any other provision of this Part or any provision of the Administration Act, other than section 85, a woman is not to be granted a special needs wife pension unless:

                     (a)  her claim for the pension is lodged on or before 30 June 1995; and

                     (b)  she qualifies for the pension on or before 30 June 1995.

             (2)  For the purposes of paragraph (1)(a), if section 15 of the Administration Act applies, the woman is taken to have lodged her claim on the day on which she makes her initial claim.

             (3)  In subsection (2):

initial claim has the same meaning as in section 15 of the Administration Act.

Division 1BTime limit on grant of other special needs pensions

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

                   In spite of any other provision of this Part, a person is not to be granted a special needs age pension, a special needs disability pension or a special needs widow B pension unless:

                     (a)  the person’s claim for the pension is lodged, or is taken to have been lodged, on or before 20 September 2000; and

                     (b)  the person qualifies for the pension on or before 20 September 2000.

Division 1Qualifications for and payability of special needs pensions

Subdivision AQualification

772  Qualification for special needs age pension

                   A person is qualified for a special needs age pension if:

                     (a)  the person has not resided in Australia at any time after 7 May 1973; and

                     (b)  the person has turned:

                              (i)  if the person is a woman—60; or

                             (ii)  if the person is a man—65; and