Social Security (Dependants‑Concession Cards) Declaration 2018

I, Dan Tehan, Minister for Social Services, make the following declaration under 240B(5) of the Social Security (Administration) Act 1999.

Dated 27 June 2018.

Dan Tehan

Minister for Social Services

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Part 1 Preliminary

1. Name of declaration

This declaration is the Social Security (Dependants—Concession Cards) Declaration 2018.

2. Commencement

(1)              Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3. Authority

This declaration is made under subsection 240B(5) of the Social Security (Administration) Act 1999.

4. Interpretation

Administration Act means the Social Security (Administration) Act 1999;

dependant has the same meaning as in Part 2A.1 of the Social Security Act 1991;

member of a couple has the meaning given by subsection 4(1) of the Social Security Act 1991;

partner has the meaning given by subsection 4(1) of the Social Security Act 1991;

permanent visa has the meaning given by subsection 30(1) of the Migration Act 1958;

protection visa has the meaning given by section 35A of the Migration Act 1958;

temporary visa has the meaning given by subsection 30(2) of the Migration Act 1958.

Part 2 Dependants for Holders of Pensioner Concession Card or Health Care Card

5. Dependants for pensioner concession card or health care card purposes

Temporary visa holder

(1) A person who: 

(a) is the holder of a temporary visa; and

(b) has applied for a permanent visa and the application has not been withdrawn or otherwise finally determined; and

(c) has not made an application for a protection visa (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and

(d) is, or has been, in Australia as the holder of a temporary visa

 is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.

Other visa holders

(2) A person who:

(a) is the holder of any of a:

 (i) subclass 449 (Humanitarian Stay (Temporary)) visa;

(ii) subclass 785 (Temporary Protection) visa;

(iii) subclass 786 (Temporary (Humanitarian Concern)) visa; or

(iv) subclass 790 (Safe Haven Enterprise) visa; and

(b) is, or has been, in Australia as the holder of a relevant visa

 is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.