{"id":"C2004A00580","name":"Social Security (Administration) Act 1999","slug":"social-security-administration-act-1999","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"191 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38598,"registerId":"commonwealth-C2004A00580-1775056654121","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"11","sectionType":"section","heading":"General rule","content":"11 General rule\n\nSubdivision B—Cases where claim not necessary\n\n","sortOrder":0},{"sectionNumber":"12","sectionType":"section","heading":"Deemed claim in certain cases","content":"12 Deemed claim in certain cases\n\n","sortOrder":1},{"sectionNumber":"12A","sectionType":"section","heading":"One‑off payment to the aged","content":"12A One‑off payment to the aged\n\n12AA One‑off payments to carers\n\n12AB Economic security strategy payment and training and learning bonus\n\n12AC One‑off energy assistance payment\n\n12AD 2019 one‑off energy assistance payment\n\n12AE 2020 economic support payment\n\n12AF Additional economic support payments\n\n12AG Remote engagement program payment\n\n12AH 2022 cost of living payment\n\n12B Language, literacy and numeracy supplement\n\n12C Utilities allowance\n\n12D Energy supplement\n\n12DA Quarterly pension supplement\n\n12DB Quarterly energy supplement\n\n12E Child disability assistance\n\n12F Carer allowance\n\n12G Carer supplement\n\n12H Relocation scholarship payment\n\n12K Clean energy advance\n\n12L FHA supplement and relief payment\n\n13 Deemed claim—person contacting Department about a claim for a social security payment\n\n14 Deemed claim—person contacting Department about a claim for a concession card\n\n14A Determination for purposes of sections 13 and 14\n\n15 Deemed claim—incorrect or inappropriate claims\n\n15A Deemed claim—certain claims for carer allowance\n\nSubdivision C—Manner of making a claim\n\n16 How to make a claim\n\n17 Special requirements regarding claims for pension bonus\n\n18 Additional provisions regarding claim for special employment advance\n\n19 Special requirements regarding claims for essential medical equipment payment\n\nSubdivision E—Time limits for claims for pension bonus\n\n20 Interpretation\n\n21 General rule\n\n22 Last bonus period a full‑year period\n\n23 Last bonus period a part‑year period\n\n24 Claim by exempt partnered person\n\n25 Claim where membership has become non‑accruing\n\n26 Claim where person has post‑75 work period\n\nSubdivision EA—Time limits for claims for pension bonus bereavement payment\n\n","sortOrder":2},{"sectionNumber":"26A","sectionType":"section","heading":"General rule","content":"26A General rule\n\n","sortOrder":3},{"sectionNumber":"26B","sectionType":"section","heading":"Extension","content":"26B Extension\n\nSubdivision EB—Time limits for claims for student start‑up loans\n\n","sortOrder":4},{"sectionNumber":"26C","sectionType":"section","heading":"Time limit for claim","content":"26C Time limit for claim\n\nSubdivision F—Time limit for claims for fares allowance\n\n","sortOrder":5},{"sectionNumber":"27","sectionType":"section","heading":"Time limit for claim","content":"27 Time limit for claim\n\nSubdivision FAA—Time limit for claims for Disaster Recovery Allowance\n\n27AA Time limit for claims for Disaster Recovery Allowance\n\nSubdivision FA—Time limit for claims for AGDRP\n\n","sortOrder":6},{"sectionNumber":"27A","sectionType":"section","heading":"Time limit for claim","content":"27A Time limit for claim\n\nSubdivision FB—Time limit for claims for AVTOP\n\n","sortOrder":7},{"sectionNumber":"27B","sectionType":"section","heading":"Time limit for claims for AVTOP","content":"27B Time limit for claims for AVTOP\n\nSubdivision G—Age requirement for certain claims\n\n","sortOrder":8},{"sectionNumber":"28","sectionType":"section","heading":"Claims for disability support pension","content":"28 Claims for disability support pension\n\nSubdivision H—Residence requirements for claimants\n\n29 General rule\n\n30 Residence requirements for claimants for special benefit\n\n30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas\n\n31 Exclusion of certain claims from requirements of section 29\n\n31A Exclusion of certain claims by special category visa holders from section 29 residence requirement\n\nSubdivision I—Withdrawal of claim\n\n","sortOrder":9},{"sectionNumber":"33","sectionType":"section","heading":"Right to withdraw","content":"33 Right to withdraw\n\n","sortOrder":10},{"sectionNumber":"34","sectionType":"section","heading":"Manner of withdrawal","content":"34 Manner of withdrawal\n\nSubdivision J—Special provision for certain claims\n\n35 Claims by persons in gaol etc.\n\n35A Claims for advance pharmaceutical allowance\n\n35B Secondary victim claims for AVTOP\n\nDivision 2—Determination of claim\n\n36 Obligation of Secretary to determine claim\n\n37 Grant of claim\n\n37AA Grant of claim—schooling requirements\n\n37AB Grant of claim—eligibility requirements taken to be satisfied etc.\n\n37A Duration of certain health care cards\n\n38 Refusal of claim for special employment advance\n\n39 Deemed refusal of claim\n\n40 Rejection of claim for failure to obtain foreign payment\n\nDivision 2A—Employment pathway plans\n\nSubdivision A—Entry into employment pathway plans\n\n40A Requirement to enter into employment pathway plans\n\n40B Use of technological processes\n\n40C Use of questionnaire\n\n40D Employment pathway plans—plans developed by the Employment Secretary\n\n40E Employment pathway plans—streamlined processes\n\n40F Employment pathway plan matters\n\n40G Employment pathway plans—examples of requirements\n\nSubdivision B—What employment pathway plans must not contain\n\n40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work\n\n40J Employment pathway plans not to contain requirements to participate in an approved program of work\n\n40K Employment pathway plans not to contain certain other requirements\n\nSubdivision C—Exemptions from employment pathway plan requirements\n\n40L Circumstances making it unreasonable etc. to comply with requirements\n\n40M Death of person’s partner\n\n40N Domestic violence\n\n40P Caring responsibilities\n\n40Q Pre‑natal and post‑natal relief\n\n40R Persons engaged in work\n\n40S Jobseeker payment rules only\n\n40T Exceptional circumstances\n\n40U General rules\n\nSubdivision D—Variation, cancellation and review of employment pathway plans\n\n","sortOrder":11},{"sectionNumber":"40V","sectionType":"section","heading":"Variation, cancellation and review of employment pathway plans","content":"40V Variation, cancellation and review of employment pathway plans\n\nSubdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans\n\n40W Notification of circumstances preventing or affecting compliance with employment pathway plans\n\nDivision 2B—Circumstances in which paid work is unsuitable\n\n40X Circumstances in which paid work is unsuitable\n\nDivision 2C—Guidelines\n\n40Y Guidelines\n\nDivision 3—Commencement of social security payment\n\n41 Commencement\n\n42 Start day\n\nDivision 3AA—Compliance with participation payment obligations: persons other than declared program participants\n\n42AA Simplified outline of this Division\n\n42AB Division not to apply to declared program participants\n\nSubdivision B—Failures for which compliance action must be taken\n\n42AC Mutual obligation failures\n\n42AD Work refusal failures\n\n42AE Unemployment failures\n\nSubdivision C—Compliance action that must be taken for particular failures\n\n42AF Compliance action for mutual obligation failures\n\n42AG Compliance action for work refusal failures\n\n42AH Compliance action for unemployment failures\n\n42AI Reasonable excuses—matters that must or must not be taken into account\n\n42AJ Reasonable excuses for mutual obligation failures—prior notification required for certain failures\n\n42AK Relationship between provisions of this Subdivision\n\nSubdivision D—Effect of taking particular compliance action\n\n42AL Payment suspension periods for mutual obligation failures and work refusal failures\n\n42AM Reconnection requirements for mutual obligation failures and work refusal failures\n\n42AN Reducing instalments of participation payments for mutual obligation failures\n\n42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments\n\n42AP Cancelling participation payments\n\nSubdivision E—Miscellaneous\n\n42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes\n\n42AR Minister to make determinations for purposes of this Division\n\n42AS Relationship with section 80\n\nDivision 3A—Compliance with participation payment obligations: declared program participants\n\n42A Simplified outline of this Division\n\n42B Application of this Division only to declared program participants\n\nSubdivision B—No show no pay failures\n\n","sortOrder":12},{"sectionNumber":"42C","sectionType":"section","heading":"No show no pay failures","content":"42C No show no pay failures\n\n","sortOrder":13},{"sectionNumber":"42D","sectionType":"section","heading":"Deducting the penalty amount","content":"42D Deducting the penalty amount\n\nSubdivision C—Connection and reconnection failures\n\n42E Connection failures\n\n42F Requiring a person to apply for job vacancies\n\n42G Reconnection requirements\n\n42H Reconnection failures\n\n42J Further reconnection requirements\n\n42K Notification requirements\n\n42L Deduction of penalty amount\n\nSubdivision D—Serious failures\n\n","sortOrder":14},{"sectionNumber":"42M","sectionType":"section","heading":"Serious failure for persistent non‑compliance","content":"42M Serious failure for persistent non‑compliance\n\n","sortOrder":15},{"sectionNumber":"42N","sectionType":"section","heading":"Serious failure for refusing or failing to accept an offer of paid work","content":"42N Serious failure for refusing or failing to accept an offer of paid work\n\n42NA Comprehensive compliance assessment\n\n42NC Determination about serious failure requirements and severe financial hardship\n\n42P Consequences of serious failure\n\n42Q Ending serious failure periods\n\n42R Determining that participation payments payable\n\nSubdivision E—Unemployment resulting from a voluntary act or misconduct\n\n","sortOrder":16},{"sectionNumber":"42S","sectionType":"section","heading":"Unemployment resulting from a voluntary act or misconduct","content":"42S Unemployment resulting from a voluntary act or misconduct\n\nSubdivision EA—Immediate non‑payment of participation payments for certain failures\n\n42SA Immediate non‑payment of participation payments for certain failures\n\nSubdivision EB—Failures by certain recipients of parenting payments\n\n42SB Suspension of payments for certain failures\n\nSubdivision EC—Non‑attendance failures\n\n42SC Non‑attendance failures\n\n42SD Deduction of penalty amount\n\nSubdivision F—General provisions\n\n","sortOrder":17},{"sectionNumber":"42T","sectionType":"section","heading":"Legislative instrument determining method for working out penalty amount","content":"42T Legislative instrument determining method for working out penalty amount\n\n","sortOrder":18},{"sectionNumber":"42U","sectionType":"section","heading":"Legislative instruments relating to reasonable excuse","content":"42U Legislative instruments relating to reasonable excuse\n\n42UA Prior notification of excuse\n\n42V Deduction from any participation payment\n\n42W Penalty amount not a debt\n\n42X Payability\n\n42Y Day of determination\n\n42YA Relationship between Subdivisions of this Division\n\n42Z Relationship with section 80\n\nDivision 4—Payment of social security payment\n\n43 Payment by instalments\n\n44 Payment of instalments to person or nominee\n\n45 Payment of youth allowance—person under 18 and not independent\n\n46 Payment of special employment advance\n\n46A Payment of AGDRP\n\n46B Payment of AVTOP\n\n47 Payment of lump sum benefits\n\n47A Payment of one‑off payment to the aged\n\n47AB Payment of carer supplement\n\n47AC Payment of one‑off energy assistance payment\n\n47AD Payment of 2019 one‑off energy assistance payment\n\n47AE Payment of first 2020 economic support payment\n\n47AF Payment of second 2020 economic support payment\n\n47AG Payment of additional economic support payment 2020\n\n47AH Payment of additional economic support payment 2021\n\n47AI Payment of 2022 cost of living payment\n\n","sortOrder":19},{"sectionNumber":"47B","sectionType":"section","heading":"Payment of one‑off payments to carers","content":"47B Payment of one‑off payments to carers\n\n","sortOrder":20},{"sectionNumber":"47C","sectionType":"section","heading":"Payment of economic security strategy payments and training and learning bonuses","content":"47C Payment of economic security strategy payments and training and learning bonuses\n\n47CA Payment of activity supplement or farm financial assessment supplement\n\n47CB Payment of FHA supplement or relief payment\n\n","sortOrder":21},{"sectionNumber":"47D","sectionType":"section","heading":"Payment of clean energy advance","content":"47D Payment of clean energy advance\n\n47DAA Payment of essential medical equipment payment\n\n47DA Relocation scholarship payments\n\n47DB Student start‑up loans\n\n48 Payment of telephone allowance\n\n48A Payment of utilities allowance\n\n48B Payment of energy supplement\n\n48C Payment of quarterly pension supplement\n\n48D Payment of quarterly energy supplement\n\n49 Timing of payment of fares allowance\n\n50 To whom fares allowance is to be paid\n\n50A Payment of child disability assistance\n\n51 Advance in case of severe financial hardship\n\n52 Payment of certain amounts outside Australia\n\n53 Payment of instalments where pension received under other legislation\n\n54 Rounding off instalments of social security payments\n\n55 Payment into bank account etc.\n\n56 Youth allowance—failure to nominate parent\n\n57 Change of particular payday\n\n58 Payment of social security payment after death\n\n59 Payment of pension bonus or pension bonus bereavement payment after death\n\nDivision 5—Protection of social security payments\n\n60 Protection of social security payment\n\n61 Deduction at request of recipient—payments to Commissioner of Taxation\n\n61A Deduction at request of recipient—other payments\n\n62 Effect of garnishee or attachment order\n\nDivision 6—Requirement to provide information, undergo medical examination etc.\n\n63 Requirement to attend Department etc.\n\n63A Proof of life certificate\n\n64 Effect of failing to comply with requirement to attend Department etc.\n\n66 Notice to obtain foreign payment\n\nSubdivision B—Requirement to give information about change of circumstances etc.\n\n66A General requirement to inform of a change of circumstances etc.\n\n67 Person who has made a claim\n\n68 Person receiving social security payment or holding concession card\n\n69 Person who has received a social security payment or who has held a concession card\n\n70 Care receiver in respect of whom carer payment being made\n\n70AA Person who is subject to the enhanced income management regime etc.\n\n70A Person who is subject to the income management regime etc.\n\n72 Provisions relating to notice\n\n73 Application of provisions\n\n74 Offence—failure to comply with notice\n\nSubdivision C—Provision of tax file numbers\n\n75 Requesting tax file numbers\n\n76 How request for tax file number is satisfied\n\n77 Consequences of not giving tax file number\n\nDivision 7—Various determinations\n\nSubdivision A—Provisions relating to social security payments\n\n78A When this Subdivision does not apply\n\n78 Rate increase determination\n\n79 Rate reduction determination\n\n80 Cancellation or suspension determination\n\n81 Cancellation or suspension for non‑compliance with certain notices\n\n81A Rate reduction determination for non‑compliance with notice relating to rent assistance\n\n82 Cancellation or suspension for failure to take action to obtain foreign payment\n\n83 Changes to payments by computer\n\n84 Automatic transfer by computer\n\n85 Resumption of payment after cancellation or suspension—general\n\n85AA Resumption of payment after cancellation or suspension—provision of proof of life certificate\n\n","sortOrder":22},{"sectionNumber":"85A","sectionType":"section","heading":"Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance","content":"85A Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance\n\nSubdivision B—Provisions relating to concession cards\n\n86 Cancellation—person not qualified\n\n87 Cancellation—non‑compliance with certain notices\n\n88 Changes to qualification by computer\n\n89 Resumption of qualification\n\nDivision 8—Automatic cancellations and variations\n\nSubdivision A—Social security payments\n\n90A When this Subdivision does not apply\n\n90 Automatic cancellation—transfer to new payment type\n\n91 Automatic cancellation of parenting payment on transfer to new payment type—member of couple\n\n93 Automatic cancellation—recipient complying with subsection 68(2) notice\n\n94 Automatic cancellation—recipient not complying with subsection 68(2) notice\n\n95 Automatic cancellation—failure to provide statement under subsection 68(2)\n\n95A Automatic cancellation of carer payment for non‑compliance with section 70 notice\n\n95B Automatic suspension or cancellation—carer allowance\n\n95C Social security payment—suspension instead of cancellation under section 93 or 94\n\n95CA Carer payment—suspension instead of cancellation under section 93 or 94\n\n95D Age pension—suspension instead of cancellation under section 93 or 94\n\n96 Disability support pension—suspension instead of cancellation under section 93\n\n97 Disability support pension—suspension taken to have been under section 96\n\n97A Disability support pension—suspension instead of cancellation under section 94 (person obtains work)\n\n97B Disability support pension—suspension instead of cancellation under section 94 (person’s income)\n\n97C Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners)\n\n98 Automatic rate reduction—partner starting to receive pension or benefit\n\n99 Automatic rate reduction—recipient complying with subsection 68(2) notice\n\n100 Automatic rate reduction—recipient not complying with subsection 68(2) notice\n\n101 Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment\n\n103 Changes to payments by computer following automatic cancellation or reduction\n\nSubdivision B—Concession cards\n\n104 Automatic cancellation—holder complying with subsection 68(4) notice\n\n105 Automatic cancellation—holder not complying with subsection 68(4) notice\n\n106 Changes by computer following automatic cancellation\n\n106A Automatic cancellation on cessation of qualification\n\nSubdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards\n\n","sortOrder":23},{"sectionNumber":"106B","sectionType":"section","heading":"Automatic cancellation","content":"106B Automatic cancellation\n\n","sortOrder":24},{"sectionNumber":"Div 9","sectionType":"division","heading":"Date of effect of determinations","content":"Division 9—Date of effect of determinations\n\nSubdivision A—Determinations relating to claims\n\n","sortOrder":25},{"sectionNumber":"107","sectionType":"section","heading":"General rule","content":"107 General rule\n\nSubdivision B—Determinations under section 78, 81A, 85, 85AA or 85A\n\n108 Definition\n\n109 Date of effect of favourable determination resulting from review\n\n109A Date of effect of determination under section 78 resulting from review required by section 126A\n\n110 Date of effect of favourable determination\n\n110A Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance\n\n111 Date of effect of section 78 determination resulting from indexation or adjustment\n\n114 Date of effect of other favourable determinations\n\n114A Date of effect of favourable determination—portability extensions\n\nSubdivision C—Determinations under section 89\n\n","sortOrder":26},{"sectionNumber":"115","sectionType":"section","heading":"Definition","content":"115 Definition\n\n","sortOrder":27},{"sectionNumber":"116","sectionType":"section","heading":"Date of effect of favourable determination resulting from review—concession cards","content":"116 Date of effect of favourable determination resulting from review—concession cards\n\nSubdivision D—Date of effect of adverse determinations relating to social security payments\n\n117 Definition\n\n118 Date of effect of adverse determinations—general rules\n\n120 Additional rules in the case of carer payment\n\nSubdivision E—Date of effect of adverse determinations relating to concession cards\n\n121 Definition\n\n122 Date of effect of adverse determinations\n\nDivision 10—Continuing effect of determinations\n\n123 Continuing effect of determinations\n\nDivision 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator\n\n123AA Estimate of maintenance income for Youth Allowance Rate Calculator\n\n123AB Verification of maintenance income for Youth Allowance Rate Calculator\n\n123AC Annualised maintenance income free area\n\n123AD Annual amount of estimated maintenance income\n\nPart 3A—Nominees\n\nDivision 1—Preliminary\n\n123A Definitions\n\nDivision 2—Appointment of nominees\n\n123B Appointment of payment nominee\n\n123C Appointment of correspondence nominee\n\n123D Provisions relating to appointments\n\n123E Suspension and revocation of nominee appointments\n\nDivision 3—Payments to payment nominee\n\n123F Payment of instalments etc. to payment nominee\n\nDivision 4—Functions and responsibilities of nominees\n\n123G Definition\n\n123H Actions of correspondence nominee on behalf of benefit recipient\n\n123I Giving of notices to correspondence nominee\n\n123J Compliance by correspondence nominee\n\n123K Notification by nominee of matters affecting ability to act as nominee\n\n123L Statement by payment nominee regarding disposal of money\n\n123M Protection of principal against liability for actions of nominee\n\n123N Protection of nominee against criminal liability\n\n123O Duty of nominee to principal\n\n123P Saving of Secretary’s powers of revocation\n\n123Q Saving of Secretary’s powers to give notices to principal\n\n123R Notification of nominee where notice given to principal\n\n123S Right of nominee to attend with principal\n\nPart 3AA—Enhanced income management regime\n\n123SA Simplified outline of this Part\n\n123SB Definitions\n\n","sortOrder":28},{"sectionNumber":"Div 2","sectionType":"division","heading":"Persons subject to the enhanced income management regime","content":"Division 2—Persons subject to the enhanced income management regime\n\nSubdivision A—Queensland Commission\n\n123SC Persons subject to the enhanced income management regime—Queensland Commission\n\n123SCA Persons subject to the enhanced income management regime—child protection\n\n123SCB Persons subject to the enhanced income management regime—school enrolment\n\n123SCC Persons subject to the enhanced income management regime—school attendance\n\n123SCD Eligible care child\n\n123SCE Eligible care period\n\n123SCF Declared primary school area and declared secondary school area\n\n123SCG Applicable school period\n\n123SCH Unsatisfactory school attendance situation\n\n123SCI Formal warning—unsatisfactory school attendance situation\n\nSubdivision D—Referrals by recognised State/Territory authority\n\n123SCJ Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority\n\n123SCK Recognised State/Territory authority\n\nSubdivision E—Vulnerable welfare payment recipients\n\n123SCL Persons subject to the enhanced income management regime—vulnerable welfare payment recipients\n\n123SCM Determination by Secretary—vulnerable welfare payment recipient\n\nSubdivision F—Disengaged youth and long‑term welfare payment recipients\n\n123SD Persons subject to the enhanced income management regime—Northern Territory\n\n123SDA Persons subject to the enhanced income management regime—persons residing in other areas\n\n123SDB Exempt welfare payment recipient—inclusion in specified class\n\n123SDC Exempt welfare payment recipient—person is not the principal carer of a child\n\n123SDD Exempt welfare payment recipient—person is the principal carer of a child\n\n123SDE Full‑time student\n\n123SDF School age child\n\nSubdivision G—Volunteers\n\n123SE Persons subject to the enhanced income management regime—volunteers\n\n123SF Voluntary enhanced income management agreement\n\n123SG Duration of voluntary enhanced income management agreement\n\n123SH Termination of voluntary enhanced income management agreement\n\nSubdivision H—Relationship with other provisions\n\n123SI Relationship with other provisions\n\n123SIA Requests to transfer from the income management regime\n\n","sortOrder":29},{"sectionNumber":"Div 3","sectionType":"division","heading":"Portioning of welfare payments","content":"Division 3—Portioning of welfare payments\n\nSubdivision A—Persons subject to the enhanced income management regime—Queensland Commission\n\n123SJ Category B welfare payment to be split into qualified and unqualified portions\n\n123SK Payment of balance of qualified portion of category B welfare payment\n\n123SL Recipient’s use of funds from category B welfare payments\n\nSubdivision AA—Persons subject to the enhanced income management regime—child protection\n\n123SLA Category B welfare payment to be split into qualified and unqualified portions\n\n123SLB Payment of balance of qualified portion of category B welfare payment\n\n123SLC Recipient’s use of funds from category B welfare payments\n\nSubdivision AB—Persons subject to the enhanced income management regime—school enrolment and attendance\n\n123SLD Category B welfare payment to be split into qualified and unqualified portions\n\n123SLE Payment of balance of qualified portion of category B welfare payment\n\n123SLF Recipient’s use of funds from category B welfare payments\n\nSubdivision AC—Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority\n\n123SLG Category B welfare payment to be split into qualified and unqualified portions\n\n123SLH Payment of balance of qualified portion of category B welfare payment\n\n123SLI Recipient’s use of funds from category B welfare payments\n\nSubdivision AD—Persons subject to the enhanced income management regime—vulnerable welfare payment recipients\n\n123SLJ Relevant payment to be split into qualified and unqualified portions\n\n123SLK Payment of balance of qualified portion of relevant payment\n\n123SLL Recipient’s use of funds from relevant payments\n\nSubdivision B—Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients\n\n123SM Category D welfare payment to be split into qualified and unqualified portions\n\n123SN Payment of balance of qualified portion of category D welfare payment\n\n123SO Recipient’s use of funds from category D welfare payments\n\nSubdivision C—Persons subject to the enhanced income management regime—volunteers\n\n123SP Category B welfare payment to be split into qualified and unqualified portions\n\n123SQ Payment of balance of qualified portion of category B welfare payment\n\n123SR Recipient’s use of funds from category B welfare payments\n\n","sortOrder":30},{"sectionNumber":"Div 4","sectionType":"division","heading":"Information","content":"Division 4—Information\n\n123SS Disclosure of information to the Secretary—financial institution\n\n123ST Disclosure of information—Queensland Commission\n\n123STA Disclosure of information—child protection\n\n123STB Disclosure of information—school enrolment and attendance\n\n123STC Disclosure of information—referrals by recognised State/Territory authority\n\n123SU BasicsCard bank accounts\n\n123SV Exceptions to Part IV of the Competition and Consumer Act 2010\n\n123SVA Periodic estimates of cost of enhanced income management regime\n\n123SW This Part has effect despite other provisions etc.\n\n","sortOrder":31},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Income management regime","content":"Part 3B—Income management regime\n\n123TA Simplified outline\n\n123TB Objects\n\n123TC Definitions\n\n123TF Declared child protection State or Territory\n\n123TG Declared primary school area and declared secondary school area\n\n123TGAA Recognised State/Territory authority\n\n123TGAB Recognised State or Territory\n\n123TGA Declared voluntary income management area\n\n123TH Priority needs\n\n123TI Excluded goods and excluded services\n\n123TJ Pornographic material\n\n123TK Eligible recipient\n\nDivision 2—Persons subject to the income management regime\n\nSubdivision A—Situations in which a person is subject to the income management regime\n\n123UA Persons subject to the income management regime\n\n123UC Persons subject to the income management regime—child protection\n\n123UCA Persons subject to the income management regime—vulnerable welfare payment recipients\n\n123UCB Persons subject to the income management regime—disengaged youth\n\n123UCC Persons subject to the income management regime—long‑term welfare payment recipients\n\n123UD Persons subject to the income management regime—school enrolment\n\n123UE Persons subject to the income management regime—school attendance\n\n123UF Persons subject to the income management regime—Queensland Commission\n\n123UFAA Persons subject to the income management regime—other State/Territory referrals\n\n123UFA Persons subject to the income management regime—voluntary income management agreement\n\nSubdivision BA—Additional provisions relating to vulnerable welfare payment recipients\n\n123UGA Vulnerable welfare payment recipients\n\nSubdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients\n\n123UGB Exempt welfare payment recipient—inclusion in specified class\n\n123UGC Exempt welfare payment recipient—person is not the principal carer of a child\n\n123UGD Exempt welfare payment recipient—person is the principal carer of a child\n\n123UGF Full‑time student\n\n123UGG School age child\n\nSubdivision C—Additional provisions relating to school enrolment and attendance\n\n123UH Eligible care child\n\n123UI Applicable school period\n\n123UJ Eligible care period\n\n123UK Unsatisfactory school attendance situation\n\n123UL Formal warning—unsatisfactory school attendance situation\n\nSubdivision D—Voluntary income management agreements\n\n123UM Voluntary income management agreement\n\n123UN Duration of voluntary income management agreement\n\n123UO Termination of voluntary income management agreement\n\nSubdivision E—Relationship with Part 3AA\n\n123UP Payment of credit balances of income management account to BasicsCard bank account\n\nDivision 3—Establishment of the Income Management Record\n\n123VA Establishment of the Income Management Record\n\n123VC Bank account\n\nDivision 4—Income management accounts\n\nSubdivision A—Income management accounts\n\n123WA Income management accounts\n\n123WB Opening of income management accounts\n\n123WC Closing of income management accounts\n\n123WD Income management accounts may have a nil balance\n\n123WE One income management account per person\n\n123WF Credits to, and debits from, a person’s income management account\n\nSubdivision B—Account statements\n\n123WG Internet and telephone access to account statements etc.\n\n123WH Person may request account statements\n\n123WI Account statements to be given\n\nSubdivision C—Miscellaneous\n\n123WJ Payment of credit balances of income management accounts—person ceases to be subject to the income management regime\n\n123WJA Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again\n\n123WK Payment into bank account etc. of credit balances of income management accounts—person ceases to be subject to the income management regime\n\n123WL Payment of credit balances of income management accounts—person dies\n\n123WM Payment into bank account etc. of credit balances of income management accounts—person dies\n\n123WN Crediting of amounts to income management accounts—Ministerial rules\n\n","sortOrder":32},{"sectionNumber":"Div 5","sectionType":"division","heading":"Deductions from welfare payments","content":"Division 5—Deductions from welfare payments\n\n123XI Deductions from category I welfare payments—instalments\n\n123XJ Deductions from category I welfare payments—lump sums\n\nSubdivision BA—Vulnerable welfare payment recipients\n\n123XJA Deductions from category I welfare payments—instalments\n\n123XJB Deductions from category I welfare payments—lump sums\n\nSubdivision BB—Disengaged youth and long‑term welfare payment recipients\n\n123XJC Deductions from category I welfare payments—instalments\n\n123XJD Deductions from category I welfare payments—lump sums\n\n123XK Deductions from category I welfare payments—instalments\n\n123XL Deductions from category I welfare payments—lump sums\n\nSubdivision D—Queensland Commission\n\n123XM Deductions from category Q welfare payments—instalments\n\n123XN Deductions from category Q welfare payments—lump sums\n\n123XO Deductions from category S welfare payments—instalments\n\n123XP Deductions from category S welfare payments—lump sums\n\nSubdivision DAA—Other State/Territory referrals\n\n123XPAA Deductions from category I welfare payments—instalments\n\n123XPAB Deductions from category I welfare payments—lump sums\n\nSubdivision DA—Voluntary income management agreements\n\n123XPA Deductions from category I welfare payments—instalments\n\n123XPB Deductions from category I welfare payments—lump sums\n\nSubdivision DB—Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments\n\n123XPBA Deductions from 2020 economic support payments\n\n123XPBB Deductions from additional economic support payments\n\n123XPC Deductions from economic security strategy payments\n\n123XPD Deductions from household stimulus payments\n\n123XPE Deductions from 2022 cost of living payment\n\nSubdivision DC—Relocation scholarship payments\n\n123XPG Deductions from relocation scholarship payments\n\nSubdivision DE—Clean energy income‑managed payments\n\n123XPJ Deductions from clean energy income‑managed payments\n\nSubdivision DF—ETR income‑managed payments\n\n123XPK Deductions from ETR income‑managed payments\n\nSubdivision E—Deducted amount taken to have been paid\n\n123XQ Deducted amount taken to have been paid\n\n","sortOrder":33},{"sectionNumber":"Div 6","sectionType":"division","heading":"Debits from income management accounts","content":"Division 6—Debits from income management accounts\n\n123YA Priority needs—application of income management account\n\n123YB Secretary must have regard to the best interests of children\n\nSubdivision B—Restricted debits\n\n123YC Vouchers—general\n\n123YD Vouchers—Part 3B payment nominee\n\n123YE Stored value cards—general\n\n123YF Stored value cards—Part 3B payment nominee\n\n123YG Expense payment—general\n\n123YH Expense payment—Part 3B payment nominee\n\n123YI Crediting of account—general\n\n123YJ Crediting of account—Part 3B payment nominee\n\n123YK Transfers to accounts—general\n\n123YL Transfers to accounts—Part 3B payment nominee\n\n123YM Restricted direct payment—general\n\n123YN Restricted direct payment—Part 3B payment nominee\n\nSubdivision C—Unrestricted debits\n\n123YO Unrestricted direct payment—general\n\n123YP Unrestricted direct payment—Part 3B payment nominee\n\nSubdivision D—Miscellaneous action\n\n123YQ Miscellaneous action\n\n123YR Credit of income management account in error\n\n","sortOrder":34},{"sectionNumber":"Div 7","sectionType":"division","heading":"Information","content":"Division 7—Information\n\n123ZB Information‑gathering powers—school enrolment and attendance\n\n123ZC Child protection—notice of cancellation of category H welfare payments\n\n123ZD Queensland Commission—notice of cancellation of welfare payments\n\n123ZDA Other State/Territory referrals—notice of cancellation of category H welfare payments\n\n123ZE Disclosure of information to the Secretary—child protection\n\n123ZEA Disclosure of information to the Secretary—Queensland Commission\n\n123ZEAA Disclosure of information to the Secretary—other State/Territory referrals\n\n123ZEB Disclosure of information to the Secretary—school enrolment and attendance\n\n","sortOrder":35},{"sectionNumber":"Div 8","sectionType":"division","heading":"Debt recovery etc.","content":"Division 8—Debt recovery etc.\n\n123ZF Person other than payee obtaining payment of a cheque\n\n123ZG Misuse of vouchers and stored value cards\n\n123ZH Repayment of money credited to an account\n\n123ZI Breach of condition relating to crediting of account\n\n123ZIA Balance of income management account falls below value of action taken under Division 6\n\n123ZJ Value of action taken under Division 6 exceeds credit balance of income management account\n\n123ZJA Action purportedly taken under Division 6 as a result of administrative error\n\nDivision 9—Miscellaneous\n\n123ZK Secretary must comply with certain directions given by the Queensland Commission\n\n123ZL Surrender of unused vouchers and unused stored value cards\n\n123ZM Vouchers\n\n123ZN Appropriation\n\n123ZNA Recording of amounts in accounts and records\n\n123ZO This Part has effect despite other provisions etc.\n\n \n\nAn Act to provide for the administration of the social security law, and for related purposes\n\n","sortOrder":36},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n \n\n","sortOrder":37},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1  Short title\n\n  This Act may be cited as the Social Security (Administration) Act 1999.\n\n","sortOrder":38},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2  Commencement\n\n (1) Subject to subsections (2) and (3), this Act commences on 20 March 2000.\n\n (2) This Part and section 257 commence on the day on which this Act receives the Royal Assent.\n\n (3) Section 54 commences on 1 July 2000.\n\n2A  Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n3  Interpretation\n\n (1) Unless a contrary intention appears, an expression that is defined in Schedule 1 has in this Act the meaning given in that Schedule.\n\n (2) Unless a contrary intention appears, an expression that is used in the 1991 Act has the same meaning, when used in this Act, as in the 1991 Act.\n\n (5) To the extent that a provision of this Act relates to a double orphan pension, a reference in the provision to a person includes a reference to an approved care organisation.\n\n (6) Unless a contrary intention appears, a reference in this Act (other than section 243) to this Act includes a reference to regulations made under section 243.\n\n","sortOrder":39},{"sectionNumber":"5","sectionType":"section","heading":"Manner of giving notice","content":"5  Manner of giving notice\n\n (1) If a provision of the social security law requires that a written notice be given to a person, it is sufficient compliance with that provision if the notice is given in a manner approved by the Secretary.\n\n (2) Nothing in subsection (1) prevents a notice being given in accordance with section 28A of the Acts Interpretation Act 1901.\n\n","sortOrder":40},{"sectionNumber":"6","sectionType":"section","heading":"Effect of certain determinations","content":"6  Effect of certain determinations\n\n  If the social security law provides that a determination takes effect on a day (the earlier day) before the day on which the determination is made, the social security law has effect as if the determination had taken effect on the earlier day.\n\n","sortOrder":41},{"sectionNumber":"6A","sectionType":"section","heading":"Secretary may arrange for use of computer programs to make decisions","content":"6A  Secretary may arrange for use of computer programs to make decisions\n\n (1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary or any other officer may make decisions under the social security law.\n\nNote: The definition of decision in the 1991 Act applies for the purposes of this section: see subsection 3(2) of this Act. That definition covers the doing of any act or thing. This means, for example, that the doing of things under subsection 202(1) or (2) of this Act are decisions for the purposes of this section.\n\n (2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.\n\n","sortOrder":42},{"sectionNumber":"6B","sectionType":"section","heading":"Norfolk Island","content":"6B  Norfolk Island\n\n  This Act extends to Norfolk Island.\n\n","sortOrder":43},{"sectionNumber":"Part 2","sectionType":"part","heading":"General administration of social security law","content":"Part 2—General administration of social security law\n\n \n\n","sortOrder":44},{"sectionNumber":"7","sectionType":"section","heading":"General administration of social security law","content":"7  General administration of social security law\n\n  The Secretary is, subject to any direction of the Minister, to have the general administration of the social security law.\n\n","sortOrder":45},{"sectionNumber":"8","sectionType":"section","heading":"Principles of administration","content":"8  Principles of administration\n\n  In administering the social security law, the Secretary is to have regard to:\n\n (a) the desirability of achieving the following results:\n\n (i) the ready availability to members of the public of advice and information services relating to income support generally and to the social security payments that are available;\n\n (ii) the ready availability of publications containing clear statements about income support entitlements and procedural requirements;\n\n (iii) the delivery of services under the law in a fair, courteous, prompt and cost‑efficient manner;\n\n (iv) the development of a process of monitoring and evaluating delivery of programs with an emphasis on the impact of programs on social security recipients;\n\n (v) the establishment of procedures to ensure that abuses of the social security system are minimised; and\n\n (b) the special needs of disadvantaged groups in the community; and\n\n (c) the need to be responsive to the interests of the Aboriginal and Torres Strait Islander communities and to cultural and linguistic diversity; and\n\n (d) the importance of the system of review of decisions under the social security law; and\n\n (e) the need to ensure that social security recipients have adequate information regarding the system of review of decisions under the social security law; and\n\n (f) the need to apply government policy in accordance with the law and with due regard to relevant decisions of the ART.\n\n","sortOrder":46},{"sectionNumber":"10","sectionType":"section","heading":"Agreement on administrative arrangements","content":"10  Agreement on administrative arrangements\n\n (2) The Secretary and the Employment Secretary may agree on administrative arrangements to further the objectives of Part 2.12 of the 1991 Act.\n\n (3) Administrative arrangements agreed on under subsection (2) may provide for officers of the Employment Department to perform functions or duties, or exercise powers, under Part 2.12 of the 1991 Act.\n\n","sortOrder":47},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provision of benefits","content":"Part 3—Provision of benefits\n\n","sortOrder":48},{"sectionNumber":"Div 1","sectionType":"division","heading":"Claim for social security payment or concession card","content":"Division 1—Claim for social security payment or concession card\n\nSubdivision A—Need for claim\n\n11  General rule\n\n (1) Subject to subsections (2) and (3) and Subdivision B, a person who wants to be granted:\n\n (a) a social security payment; or\n\n (b) a concession card;\n\nmust make a claim for the payment or card in accordance with this Division.\n\n (2) Subsection (1) does not apply to a concession card for which a person is qualified under Division 1 of Part 2A.1 of the 1991 Act or under Subdivision A of Division 3 of that Part.\n\n (3) Subsection (1) does not apply to a seniors health card that the Secretary must issue to a person under subsection 1061ZJA(3), (4) or (5) of the 1991 Act.\n\nSubdivision B—Cases where claim not necessary\n\n12  Deemed claim in certain cases\n\n (1) The Secretary may determine that, for the purposes of the social security law, a person is taken to have made a claim for an income support payment (the new payment) if the person became qualified for the new payment while receiving, or immediately after ceasing to receive, another income support payment (the other payment).\n\nWhen a claim is taken to be made\n\n (2) The person is taken to have made the claim for the new payment on the day specified in the Secretary’s determination. That day must not be earlier than:\n\n (a) the day that is 13 weeks before the day on which the Secretary’s determination is made; or\n\n (b) if the person became qualified for the new payment after the day referred to in paragraph (a)—the day on which the person became qualified for the new payment.\n\nSome eligibility requirements taken to be satisfied etc.\n\n (3) If the new payment and the other payment are social security payments, then subsections (4) and (5) apply in relation to the Secretary considering, for the purposes of deciding whether to make the determination, whether the person became qualified for the new payment.\n\n (4) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new payment if:\n\n (a) the new requirement is the same as an eligibility requirement (the current requirement) for the other payment; and\n\n (b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and\n\n (c) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.\n\n (5) If an eligibility factor (the new factor) for the new payment is the same as an eligibility factor (the current factor) for the other payment, the Secretary may:\n\n (a) treat the new factor as existing in relation to the person, if:\n\n (i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and\n\n (ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or\n\n (b) treat the new factor as not existing in relation to the person, if:\n\n (i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and\n\n (ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.\n\nOther powers not limited\n\n (6) Subsections (3) to (5) do not, by implication, limit any other power of the Secretary to do the following in making a determination under subsection (1):\n\n (a) treat a person as having satisfied an eligibility requirement;\n\n (b) treat an eligibility factor as existing, or not existing, in relation to a person.\n\n (7) In this section:\n\neligibility factor, for an income support payment, means a fact, matter or circumstance the existence of which in relation to a person is relevant to:\n\n (a) whether the person qualifies for the payment; or\n\n (b) whether the payment is payable to the person.\n\neligibility requirement, for an income support payment, means a requirement that a person must satisfy:\n\n (a) to qualify for the payment; or\n\n (b) for the payment to be payable to the person.\n\n12A  One‑off payment to the aged\n\n  A claim is not required for one‑off payment to the aged.\n\n12AA  One‑off payments to carers\n\n  A claim is not required for the following:\n\n (a) one‑off payment to carers (carer allowance related);\n\n (b) one‑off payment to carers (carer payment related);\n\n (c) 2005 one‑off payment to carers (carer payment related);\n\n (d) 2005 one‑off payment to carers (carer service pension related);\n\n (e) 2005 one‑off payment to carers (carer allowance related);\n\n (f) 2006 one‑off payment to carers (carer payment related);\n\n (g) 2006 one‑off payment to carers (wife pension related);\n\n (h) 2006 one‑off payment to carers (partner service pension related);\n\n (i) 2006 one‑off payment to carers (carer service pension related);\n\n (j) 2006 one‑off payment to carers (carer allowance related);\n\n (k) 2007 one‑off payment to carers (carer payment related);\n\n (l) 2007 one‑off payment to carers (wife pension related);\n\n (m) 2007 one‑off payment to carers (partner service pension related);\n\n (n) 2007 one‑off payment to carers (carer service pension related);\n\n (o) 2007 one‑off payment to carers (carer allowance related);\n\n (p) 2008 one‑off payment to carers (carer payment related);\n\n (q) 2008 one‑off payment to carers (wife pension related);\n\n (r) 2008 one‑off payment to carers (partner service pension related);\n\n (s) 2008 one‑off payment to carers (carer service pension related);\n\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n12AB  Economic security strategy payment and training and learning bonus\n\n  A claim is not required for an economic security strategy payment or training and learning bonus.\n\n12AC  One‑off energy assistance payment\n\n  A claim is not required for a one‑off energy assistance payment under Part 2.6 of the 1991 Act.\n\n12AD  2019 one‑off energy assistance payment\n\n  A claim is not required for a one‑off energy assistance payment under Part 2.6A of the 1991 Act.\n\n12AE  2020 economic support payment\n\n  A claim is not required for:\n\n (a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or\n\n (b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act.\n\n12AF  Additional economic support payments\n\n  A claim is not required for:\n\n (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or\n\n (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act.\n\n12AG  Remote engagement program payment\n\n  A claim is not required for a remote engagement program payment.\n\n12AH  2022 cost of living payment\n\n  A claim is not required for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act.\n\n","sortOrder":49},{"sectionNumber":"12B","sectionType":"section","heading":"Language, literacy and numeracy supplement","content":"12B  Language, literacy and numeracy supplement\n\n  A claim is not required for language, literacy and numeracy supplement.\n\n","sortOrder":50},{"sectionNumber":"12C","sectionType":"section","heading":"Utilities allowance","content":"12C  Utilities allowance\n\n  A claim is not required for utilities allowance.\n\n","sortOrder":51},{"sectionNumber":"12D","sectionType":"section","heading":"Energy supplement","content":"12D  Energy supplement\n\n  A claim is not required for energy supplement under Part 2.25B of the 1991 Act.\n\n12DA  Quarterly pension supplement\n\n  A claim is not required for quarterly pension supplement.\n\n12DB  Quarterly energy supplement\n\n  A claim is not required for quarterly energy supplement.\n\n","sortOrder":52},{"sectionNumber":"12E","sectionType":"section","heading":"Child disability assistance","content":"12E  Child disability assistance\n\n  A claim is not required for child disability assistance.\n\n","sortOrder":53},{"sectionNumber":"12F","sectionType":"section","heading":"Carer allowance","content":"12F  Carer allowance\n\n  A claim is not required for carer allowance if the person qualifies for the carer allowance under section 954B.\n\n","sortOrder":54},{"sectionNumber":"12G","sectionType":"section","heading":"Carer supplement","content":"12G  Carer supplement\n\n  A claim is not required for carer supplement.\n\n","sortOrder":55},{"sectionNumber":"12H","sectionType":"section","heading":"Relocation scholarship payment","content":"12H  Relocation scholarship payment\n\n  A claim is not required for a relocation scholarship payment.\n\n","sortOrder":56},{"sectionNumber":"12K","sectionType":"section","heading":"Clean energy advance","content":"12K  Clean energy advance\n\n  A claim is not required for a clean energy advance.\n\n","sortOrder":57},{"sectionNumber":"12L","sectionType":"section","heading":"FHA supplement and relief payment","content":"12L  FHA supplement and relief payment\n\n  A claim is not required for FHA supplement or relief payment.\n\n","sortOrder":58},{"sectionNumber":"13","sectionType":"section","heading":"Deemed claim—person contacting Department about a claim for a social security payment","content":"13  Deemed claim—person contacting Department about a claim for a social security payment\n\n (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and\n\n (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n (d) the person lodges a claim for the social security payment within 14 days after the Department is contacted;\n\nthe person is taken to have made a claim for the social security payment on the day on which the Department was contacted.\n\n (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment, other than crisis payment or special employment advance; and\n\n (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n (d) the person lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and\n\n (ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier;\n\nthe person is taken to have made a claim for the social security payment on the day on which the Department was contacted.\n\n (3) For the purposes of the social security law, if:\n\n (a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a social security payment, other than crisis payment or special employment advance; and\n\n (aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n (b) the claimant is, on the day on which the Department is contacted, qualified for the social security payment; and\n\n (d) the claimant lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and\n\n (ii) throughout that period, the other person suffered from a medical condition; and\n\n (iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier;\n\nthe claimant is taken to have made a claim for the social security payment on the day on which the Department was contacted.\n\n (3A) For the purposes of the social security law, if:\n\n (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and\n\n (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n (d) the person lodges a claim for the social security payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n (e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier;\n\nthe person is taken to have made a claim for the social security payment on the day on which the Department was contacted.\n\n (4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means.\n\n (5) This section has effect subject to section 18.\n\n","sortOrder":59},{"sectionNumber":"14","sectionType":"section","heading":"Deemed claim—person contacting Department about a claim for a concession card","content":"14  Deemed claim—person contacting Department about a claim for a concession card\n\n (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n (d) the person lodges a claim for the concession card within 14 days after he or she contacts the Department;\n\n (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n (d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and\n\n (ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier;\n\n (3) For the purposes of the social security law, if:\n\n (a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a concession card; and\n\n (aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n (b) the claimant is, on the day on which the Department is contacted, qualified for the concession card; and\n\n (d) the claimant lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and\n\n (ii) throughout that period, the other person suffered from a medical condition; and\n\n (iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier;\n\nthe claimant is taken to have made a claim for the concession card on the day on which the Department was contacted.\n\n (3A) For the purposes of the social security law, if:\n\n (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n (d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n (e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier;\n\n (4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means.\n\n","sortOrder":60},{"sectionNumber":"14A","sectionType":"section","heading":"Determination for purposes of sections 13 and 14","content":"14A  Determination for purposes of sections 13 and 14\n\n  The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraphs 13(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) and 14(1)(aa), (2)(aa), (3)(aa) and (3A)(aa).\n\n","sortOrder":61},{"sectionNumber":"15","sectionType":"section","heading":"Deemed claim—incorrect or inappropriate claims","content":"15  Deemed claim—incorrect or inappropriate claims\n\n (a) a person makes an incorrect claim; and\n\n (b) the person subsequently makes a claim for a social security payment for which the person is qualified; and\n\n (c) the Secretary is satisfied that it is reasonable that this subsection be applied;\n\nthe person is taken to have made a claim for that social security payment on the day on which he or she made the incorrect claim.\n\n (2) For the purposes of this section, a claim made by a person is an incorrect claim if:\n\n (a) the claim is for a social security payment, other than a supplementary payment; and\n\n (b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another social security payment, other than a supplementary payment.\n\n (3) For the purposes of this section, a claim made by a person is an incorrect claim if:\n\n (a) the claim is for a supplementary payment; and\n\n (b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another supplementary payment.\n\n (4) For the purposes of the social security law, if:\n\n (a) a person makes a claim for a pension, allowance, benefit or other payment under a law of the Commonwealth, other than this Act or the 1991 Act, or under a program administered by the Commonwealth, that is similar in character to a social security payment, other than a supplementary payment (the initial claim); and\n\n (b) when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and\n\n (c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the later claim); and\n\n (4A) For the purposes of the social security law, if:\n\n (a) a person makes a claim for an income support payment (the initial claim); and\n\n (b) on the day on which the initial claim is made, the person is qualified for another income support payment (the other income support payment); and\n\n (c) the person subsequently makes a claim for the other income support payment (the later claim); and\n\n (4B) For the purposes of the social security law, if:\n\n (a) a person makes a claim for a supplementary payment (the initial claim); and\n\n (b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the other supplementary payment); and\n\n (c) the person subsequently makes a claim for the other supplementary payment (the later claim); and\n\n (5) In this section:\n\nsupplementary payment means:\n\n (a) carer allowance; or\n\n (c) education entry payment; or\n\n (j) pensioner education supplement.\n\n","sortOrder":62},{"sectionNumber":"15A","sectionType":"section","heading":"Deemed claim—certain claims for carer allowance","content":"15A  Deemed claim—certain claims for carer allowance\n\nClaim for carer payment rejected\n\n (a) on or after 1 July 2009, a person (the carer) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph 198(2)(d); and\n\n (b) the Secretary makes a determination rejecting the claim; and\n\n (c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and\n\n (d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and\n\n (e) the Secretary is satisfied that it is reasonable that this section be applied;\n\nthe carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment.\n\nCarer payment suspended or cancelled\n\n (a) on or after 1 July 2009, a person (the carer) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph 198(2)(d); and\n\n (b) the Secretary makes a determination cancelling or suspending the carer’s carer payment; and\n\n (c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and\n\n (d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and\n\n (e) the Secretary is satisfied that it is reasonable that this section be applied;\n\nthe carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect.\n\nSubdivision C—Manner of making a claim\n\n","sortOrder":63},{"sectionNumber":"16","sectionType":"section","heading":"How to make a claim","content":"16  How to make a claim\n\n (1) A person makes a claim for a social security payment or a concession card:\n\n (a) by lodging a written claim for the payment or card; or\n\n (b) by making the claim in accordance with subsection (7).\n\n (2) A written claim for the purpose of subsection (1) for one social security payment or for a concession card must be in accordance with a form approved by the Secretary.\n\n (3) Two or more written claims by the same person may be combined in one claim. Such a claim must be made in accordance with a form approved by the Secretary for the purposes of this subsection.\n\n (4) A written claim is lodged by being delivered:\n\n (a) to a person apparently performing duties at a place approved for the purpose by the Secretary; or\n\n (b) to a person approved for the purpose by the Secretary; or\n\n (c) in a manner, and to a place, approved for the purpose by the Secretary.\n\n (5) Subject to subsection (6), a place or person approved for the purposes of subsection (4) must be a place or person in Australia.\n\n (6) The Secretary may approve a place or person outside Australia for the purposes of subsection (4) for the lodgment of:\n\n (a) claims made under a scheduled international social security agreement; or\n\n (b) claims for AGDRP in relation to a major disaster that occurred outside Australia; or\n\n (c) claims for AVTOP.\n\n (7) A person may make a claim in a manner approved by the Secretary for the purposes of this subsection.\n\n (8) The power of the Secretary to make an approval under subsection (7) is not limited by any other provision of this section.\n\n","sortOrder":64},{"sectionNumber":"17","sectionType":"section","heading":"Special requirements regarding claims for pension bonus","content":"17  Special requirements regarding claims for pension bonus\n\n (1) A claim for pension bonus must be:\n\n (a) attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or\n\n (b) made in accordance with an invitation under subsection (3); or\n\n (c) the subject of a determination under subsection (5).\n\n (2) A claim for pension bonus may be made even though it is not certain whether the person will start to receive an age pension at or after the time when the person makes the claim. The claim has effect as a claim that is contingent on the person receiving an age pension.\n\n (a) a person makes a claim for an age pension; and\n\n (b) the claim is in accordance with a form that does not require the claimant to disclose whether the claimant is registered as a member of:\n\n (i) the pension bonus scheme; or\n\n (ii) the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and\n\n (c) the person is, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and\n\n (d) a claim by the person for pension bonus is not attached to the claim for age pension;\n\nthe Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus:\n\n (e) within such period after the lodgment of the claim for age pension as is specified in the notice; and\n\n (f) at such place as in specified in the notice.\n\n (4) If a claim for pension bonus is made in accordance with an invitation under subsection (3), the person is taken to have claimed the pension bonus at the same time as the person claimed age pension.\n\n (a) a person who is a registered member of the pension bonus scheme lodges a claim for age pension; and\n\n (b) a claim for pension bonus for the person is lodged after the claim for age pension; and\n\n (c) the Secretary is satisfied that, having regard to guidelines (if any) made under subsection (6), special circumstances apply in relation to the lodgment of the claim for pension bonus;\n\nthe Secretary may determine that the claim for the pension bonus is taken to have been made at the time the person claimed age pension.\n\n (6) The Secretary may, by legislative instrument, make guidelines for the purposes of subsection (5).\n\n","sortOrder":65},{"sectionNumber":"18","sectionType":"section","heading":"Additional provisions regarding claim for special employment advance","content":"18  Additional provisions regarding claim for special employment advance\n\n (1) A claim for special employment advance must specify the amount of special employment advance sought.\n\n (2) Subject to subsection (3), if a claim based on the effect of the unreceived income on the claimant’s special employment advance qualifying entitlement is lodged before the first day for which the entitlement is not payable or is reduced as a result of the claimant, or the claimant’s partner, having earned the income, the claim is taken to have been made on that day.\n\n (a) the claimant’s special employment advance qualifying entitlement referred to in subsection (2) is an entitlement in respect of which the Secretary has determined that this subsection applies; and\n\n (b) the claim is lodged before the day referred to in subsection (2);\n\nthe Secretary may treat the claim as having been made on a day earlier than the day referred to in subsection (2) that the Secretary considers appropriate having regard to the kind of entitlement concerned.\n\n (4) A claim based on the need for financial assistance from the Commonwealth to take up offered employment must set out:\n\n (a) particulars (including the duration) of the employment; and\n\n (b) the way in which the financial assistance is to be expended to enable the claimant to take up the employment.\n\n","sortOrder":66},{"sectionNumber":"19","sectionType":"section","heading":"Special requirements regarding claims for essential medical equipment payment","content":"19  Special requirements regarding claims for essential medical equipment payment\n\n (1) A claim for an essential medical equipment payment must include a statement by the person making the claim that the medical equipment to which the claim relates is used in the relevant EMEP residence.\n\n (a) a person who provides care and attention for a person with medical needs makes a claim for an essential medical equipment payment; and\n\n (b) the person with medical needs is not a dependent child of that or any other person;\n\nthe claim must be signed by the person with medical needs.\n\nSubdivision E—Time limits for claims for pension bonus\n\n","sortOrder":67},{"sectionNumber":"20","sectionType":"section","heading":"Interpretation","content":"20  Interpretation\n\n  An expression used in this Subdivision has the same meaning as it has in Part 2.2A of the 1991 Act.\n\n","sortOrder":68},{"sectionNumber":"21","sectionType":"section","heading":"General rule","content":"21  General rule\n\n (1) A claim for pension bonus must be made within the lodgment period fixed by this Subdivision.\n\n (2) However, the Secretary may in special circumstances allow a person a longer period to make a claim than the period fixed by this Subdivision. If the Secretary does so, the lodgment period for the person’s claim is the period allowed by the Secretary.\n\n (3) Subsection (2) does not apply in relation to a claim for which the lodgment period is fixed by subsection 23(1).\n\n","sortOrder":69},{"sectionNumber":"22","sectionType":"section","heading":"Last bonus period a full‑year period","content":"22  Last bonus period a full‑year period\n\n (1) If a person’s last bonus period is a full‑year period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks immediately following that bonus period. However, this rule does not apply if:\n\n (a) the person is an exempt partnered person for the purposes of section 24 at the end of the person’s last bonus period; or\n\n (b) the person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period; or\n\n (c) the person is a post‑75 member of the pension bonus scheme and has a post‑75 work period (see subsection 26(2)).\n\n (2) For the purposes of this section, if a person has accrued only one full‑year bonus period, that period is the person’s last bonus period.\n\n","sortOrder":70},{"sectionNumber":"23","sectionType":"section","heading":"Last bonus period a part‑year period","content":"23  Last bonus period a part‑year period\n\n (1) If a person’s last bonus period is a part‑year period, the lodgment period for a claim by the person for pension bonus is:\n\n (a) the period of 13 weeks beginning at the end of that bonus period; or\n\n (b) if the Secretary allows a longer period—that longer period.\n\nHowever, this subsection does not apply if:\n\n (c) the person is an exempt partnered person (see subsection 24(2)) at the end of the person’s last bonus period; or\n\n (d) the person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period; or\n\n (e) the person is a post‑75 member of the pension bonus scheme and has a post‑75 work period (see subsection 26(2)).\n\n (a) subsection (1) applies to a person’s claim for pension bonus; and\n\n (b) the claim is lodged within a period allowed under paragraph (1)(b);\n\nDivision 6 of Part 2.2A of the 1991 Act has effect, in relation to the calculation of the amount of that pension bonus, as if the person had not accrued the part‑year bonus period.\n\n","sortOrder":71},{"sectionNumber":"24","sectionType":"section","heading":"Claim by exempt partnered person","content":"24  Claim by exempt partnered person\n\n (1) If a person is an exempt partnered person at the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period:\n\n (a) beginning at the end of that bonus period; and\n\n (b) ending at:\n\n (i) the time of the last occasion on which the person’s partner could have lodged a claim for a pension bonus; or\n\n (ii) the end of the period of 13 weeks after the person ceases to be a member of the same couple (whether because of the death of the person’s partner or for any other reason);\n\n  whichever comes first.\n\n (2) For the purposes of this section, a person is an exempt partnered person at a particular time if, at that time, the person is a member of a couple and:\n\n (a) the person’s partner is an accruing or non‑accruing member of the pension bonus scheme; or\n\n (b) the person’s partner is an accruing or non‑accruing member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act.\n\n","sortOrder":72},{"sectionNumber":"25","sectionType":"section","heading":"Claim where membership has become non‑accruing","content":"25  Claim where membership has become non‑accruing\n\n  If a person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period:\n\n (a) beginning at the end of the person’s last bonus period; and\n\n (b) ending 13 weeks after the time when the person’s membership of the scheme ceases to be non‑accruing.\n\n","sortOrder":73},{"sectionNumber":"26","sectionType":"section","heading":"Claim where person has post‑75 work period","content":"26  Claim where person has post‑75 work period\n\n (1) If a post‑75 member of the pension bonus scheme has a post‑75 work period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks beginning at the end of the period nominated in the claim as the person’s post‑75 work period.\n\n (2) For the purposes of this section, a post‑75 member of the pension bonus scheme has a post‑75 work period if all of the following requirements are satisfied:\n\n (a) the person’s claim for pension bonus nominates a particular period as the person’s post‑75 work period;\n\n (b) the nominated period begins immediately after the end of the person’s last bonus period;\n\n (c) if it were assumed that the person had been an accruing member of the pension bonus scheme throughout each test period that is applicable to the person, the person would have passed the work test for each test period.\n\n (3) For the purposes of subsection (2), the test period or test periods applicable to a person are worked out as follows:\n\n (a) identify the extended period, which is that part of the nominated period when the person was neither:\n\n (i) subject to a compensation preclusion period or a carer preclusion period; nor\n\n (ii) covered by a declaration under section 92Q of the 1991 Act;\n\n (b) if the extended period is 365 days or less—the extended period is the only test period;\n\n (c) if the extended period is longer than 365 days—each of the following periods is a test period:\n\n (i) the full‑year period beginning at the start of the extended period;\n\n (ii) if 2 or more succeeding full‑year periods are included in the extended period—each of those full‑year periods;\n\n (iii) the period (if any) consisting of the remainder of the extended period.\n\n (4) In addition to its effect apart from this subsection, section 93B of the 1991 Act also has the effect it would have if each reference in paragraph 93B(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the pension bonus scheme were a reference to a post‑75 member of the scheme.\n\nSubdivision EA—Time limits for claims for pension bonus bereavement payment\n\n26A  General rule\n\n  A person’s claim for pension bonus bereavement payment must be made within the period of 26 weeks beginning on the day of death of the partner in respect of whom the person is qualified for pension bonus bereavement payment.\n\n26B  Extension\n\n  The Secretary may in special circumstances allow a person a longer period to make a claim than the period under section 26A. If the Secretary does so, the person’s claim must be made before the end of the period allowed by the Secretary.\n\nSubdivision EB—Time limits for claims for student start‑up loans\n\n26C  Time limit for claim\n\n (1) A person’s claim for a student start‑up loan for a qualification period must be made before the end of the qualification period.\n\n (2) Despite subsection (1), a person’s claim for a student start‑up loan for a qualification period in which the person is expected to complete the relevant approved scholarship course must be made at least 35 days before the course end date.\n\nSubdivision F—Time limit for claims for fares allowance\n\n27  Time limit for claim\n\n (1) Subject to this section, a claim for fares allowance must be lodged in the study year to which the claim relates or before 1 April next following the end of that year (the final date).\n\n (2) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:\n\n (a) the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and\n\n (b) circumstances beyond the claimant’s control prevented the claim being lodged before the final date.\n\n (3) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:\n\n (a) circumstances beyond the claimant’s control prevented the claimant taking reasonable steps to lodge the claim, or have the claim lodged, before the final date; and\n\n (b) the claimant has sought to lodge the claim as soon as practicable after those circumstances ceased to exist.\n\nSubdivision FAA—Time limit for claims for Disaster Recovery Allowance\n\n27AA  Time limit for claims for Disaster Recovery Allowance\n\n (1) A claim for a Disaster Recovery Allowance relating to a Part 2.23B major disaster must be lodged within 6 months after the determination of the disaster under section 36A of the 1991 Act.\n\n (2) However, the claim may be lodged more than 6 months after the determination if the Secretary is satisfied that:\n\n (a) there are special circumstances applying to the person’s claim that justify a late lodgement; and\n\nSubdivision FA—Time limit for claims for AGDRP\n\n27A  Time limit for claim\n\n (1) A claim for an AGDRP relating to a major disaster must be lodged within 6 months after the determination of the disaster under section 36 of the 1991 Act.\n\n (2) However, the claim may be lodged more than 6 months after the declaration if the Secretary is satisfied that:\n\n (a) there are special circumstances applying to the person’s claim that justify a late lodgment; and\n\nSubdivision FB—Time limit for claims for AVTOP\n\n27B  Time limit for claims for AVTOP\n\n (1) A claim for an AVTOP by a primary victim of a declared overseas terrorist act must be lodged within 2 years after the day the declaration is made under subsection 35B(1) of the 1991 Act.\n\n (2) A claim for an AVTOP by a secondary victim of a declared overseas terrorist act must be lodged within 12 months after the day the close family member to whom the claim relates died.\n\n (3) However, a claim may be lodged after the period referred to in subsection (1) or (2) if the Secretary is satisfied that:\n\n (a) there are special circumstances applying to the person’s claim that justify a late lodgment; and\n\nSubdivision G—Age requirement for certain claims\n\n28  Claims for disability support pension\n\n  A person cannot make a claim for a disability support pension unless the person is under the pension age on the day on which the claim is lodged.\n\nSubdivision H—Residence requirements for claimants\n\n","sortOrder":74},{"sectionNumber":"29","sectionType":"section","heading":"General rule","content":"29  General rule\n\n (1) Subject to sections 30, 30A, 31 and 31A, a claim for a social security payment or a concession card may only be made by a person who:\n\n (a) is an Australian resident; and\n\n (b) is in Australia.\n\n (2) Subject to sections 30, 30A, 31 and 31A, a claim made at a time when the claimant is not an Australian resident or is not in Australia is taken not to have been made.\n\n","sortOrder":75},{"sectionNumber":"30","sectionType":"section","heading":"Residence requirements for claimants for special benefit","content":"30  Residence requirements for claimants for special benefit\n\n  A claim for special benefit may only be made by a person who:\n\n (a) is in Australia; and\n\n (b) satisfies one of the following subparagraphs:\n\n (i) the person is an Australian resident;\n\n (iii) the person holds a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act.\n\n","sortOrder":76},{"sectionNumber":"30A","sectionType":"section","heading":"Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas","content":"30A  Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas\n\n  Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a crisis payment if the person is qualified for special benefit because he or she is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act.\n\n","sortOrder":77},{"sectionNumber":"31","sectionType":"section","heading":"Exclusion of certain claims from requirements of section 29","content":"31  Exclusion of certain claims from requirements of section 29\n\n (1) Section 29 does not apply to a claim for an AGDRP if the claim relates to a major disaster that occurred in Australia or outside Australia.\n\n (1A) Section 29 does not apply to a claim for an AVTOP.\n\n (1B) Section 29 does not apply to a claim for a Disaster Recovery Allowance.\n\n (2) Section 29 does not apply to a claim for parenting payment if:\n\n (a) the claimant is an Australian resident; and\n\n (b) the claimant, while outside Australia, has been receiving an income support payment; and\n\n (c) the income support payment has been cancelled or has ceased to be payable; and\n\n (d) the claim is made within 13 weeks after the income support payment was cancelled or ceased to be payable, as the case may be.\n\n (3) Section 29 does not apply to a claim for double orphan pension.\n\n","sortOrder":78},{"sectionNumber":"31A","sectionType":"section","heading":"Exclusion of certain claims by special category visa holders from section 29 residence requirement","content":"31A  Exclusion of certain claims by special category visa holders from section 29 residence requirement\n\n  Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a social security payment or a concession card if:\n\n (a) the person is a special category visa holder residing in Australia; and\n\n (b) in order to qualify for the payment or concession card concerned, the person is not required to be an Australian resident if the person is a special category visa holder residing in Australia.\n\nSubdivision I—Withdrawal of claim\n\n33  Right to withdraw\n\n (1) A claimant for a social security payment or a concession card, or a person acting on behalf of such a claimant, may withdraw a claim that has not been determined.\n\n (2) A claim that is withdrawn is taken not to have been made.\n\n34  Manner of withdrawal\n\n (1) A claim may be withdrawn orally or in writing or in any other manner approved by the Secretary.\n\n (a) a person claims both a pension bonus and an age pension; and\n\n (b) the claim for an age pension is withdrawn;\n\nthe claim for a pension bonus is taken to have been withdrawn.\n\n (a) a person claims both a pension bonus and an age pension; and\n\n (b) the claim for an age pension is rejected as a direct or indirect result of the operation of:\n\n (i) Division 2 of Part 3.12 of the 1991 Act; or\n\n (ii) Part 3.14 of that Act;\n\nthe claim for a pension bonus is taken to have been withdrawn.\n\nSubdivision J—Special provision for certain claims\n\n","sortOrder":79},{"sectionNumber":"35","sectionType":"section","heading":"Claims by persons in gaol etc.","content":"35  Claims by persons in gaol etc.\n\n (1) A person who is:\n\n (a) in gaol; or\n\n (b) undergoing psychiatric confinement because he or she has been charged with an offence;\n\nmay make a claim for a social security pension or benefit or for a crisis payment not earlier than 3 weeks before the person’s expected release day.\n\n (2) A day is a person’s expected release day for the purpose of subsection (1) if there are reasonable grounds for believing that the person will be released from gaol or psychiatric confinement on that day.\n\n","sortOrder":80},{"sectionNumber":"35A","sectionType":"section","heading":"Claims for advance pharmaceutical allowance","content":"35A  Claims for advance pharmaceutical allowance\n\n (1) A person may only make a claim for advance pharmaceutical allowance if the claim is made in accordance with subsection (2), (3) or (4).\n\n (2) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:\n\n (a) the person has received an instalment of a social security pension in relation to an instalment period that included 31 December in the previous calendar year; and\n\n (b) the claim is lodged within 14 days after the end of that instalment period.\n\n (3) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:\n\n (a) the person claims a social security pension in that year; and\n\n (b) the claim for advance pharmaceutical allowance is lodged:\n\n (i) when the claim for the pension is lodged; or\n\n (ii) after the claim for the pension is lodged but before that claim is determined.\n\n (4) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:\n\n (a) the person has been qualified for pharmaceutical allowance for a period (the qualification period) during the calendar year; and\n\n (b) the amount spent by the person during the qualification period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of:\n\n (i) pharmaceutical allowance; and\n\n (ii) advance pharmaceutical allowance.\n\n","sortOrder":81},{"sectionNumber":"35B","sectionType":"section","heading":"Secondary victim claims for AVTOP","content":"35B  Secondary victim claims for AVTOP\n\n (1) If a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died, the Secretary must make reasonable inquiries as to whether there are other persons (a potential claimant) who may also qualify for an AVTOP as a secondary victim in relation to the same close family member.\n\n (2) If the Secretary considers there are potential claimants, the Secretary must give each of them a written notice stating that:\n\n (a) he or she may make a claim for an AVTOP as a secondary victim in relation to the close family member; and\n\n (b) he or she must make a claim before the day (the claim due day) specified in the notice; and\n\n (c) if he or she fails to make a claim by the claim due day, an AVTOP in relation to the close family member will not be payable to him or her.\n\n (3) The claim due day must be at least 30 days after the day the notice is given to the potential claimant.\n\n (4) If the Secretary is satisfied that it is appropriate to do so, the Secretary may change the claim due day to a later day.\n\n (5) If the Secretary changes the claim due day under subsection (4), then:\n\n (a) the Secretary must change the claim due day for each of the potential claimants to the new claim day; and\n\n (b) the Secretary must give each of the potential claimants a written notice of the new claim due day; and\n\n (c) the new claim due day is taken to be the day specified in the notice under subsection (2) for the purposes of subparagraph 1061PAC(b)(ii) of the 1991 Act.\n\nDivision 2—Determination of claim\n\n","sortOrder":82},{"sectionNumber":"36","sectionType":"section","heading":"Obligation of Secretary to determine claim","content":"36  Obligation of Secretary to determine claim\n\n (1) Subject to this section, the Secretary must, in accordance with the social security law, determine a claim for a social security payment or a concession card, either granting or rejecting the claim.\n\n (2) If a person claims both a pension bonus and an age pension, the Secretary must not determine the claim for pension bonus until the claim for age pension has been granted.\n\n (3) If more than one person makes a claim for an AVTOP as a secondary victim of a declared overseas terrorist act in relation to the same close family member, the Secretary must determine the claims at the same time.\n\n (4) If a person claims a student start‑up loan for a qualification period, the Secretary may determine the person’s claim at a time the Secretary considers appropriate, having regard to the principle that, for a claim made before the start of the period of study concerned for the relevant approved scholarship course, the time should generally be close to the start of that period of study.\n\nNote: For approved scholarship course, see section 592M of the 1991 Act.\n\n (5) Nothing in subsection (4) affects the operation of section 39.\n\n","sortOrder":83},{"sectionNumber":"37","sectionType":"section","heading":"Grant of claim","content":"37  Grant of claim\n\n (1) Subject to this section and section 40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that:\n\n (a) the claimant is qualified for the social security payment; and\n\n (b) the social security payment is payable.\n\n (1A) The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that:\n\n (a) the claimant is qualified, or is expected to be qualified, for the payment; and\n\n (b) the payment would be payable apart from the application of a compliance penalty period.\n\n (2) The Secretary must determine that a claim for a jobseeker payment is to be granted if the Secretary is satisfied that:\n\n (a) the claimant is qualified, or is expected to be qualified, for the payment; and\n\n (b) the payment would be payable apart from:\n\n (i) the application of a waiting period; or\n\n (ii) the application of a compliance penalty period; or\n\n (v) the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; or\n\n (vi) the operation of section 615 of the 1991 Act.\n\n (3) The Secretary must determine that a claim for a social security payment to which this subsection applies is to be granted if the Secretary is satisfied that:\n\n (a) the person is qualified, or is expected to be qualified, for the payment; and\n\n (b) the payment would be payable if the person were not subject to a seasonal work preclusion period.\n\n (4) Subsection (3) applies to the following social security payments:\n\n (c) jobseeker payment;\n\n (d) parenting payment;\n\n (g) youth allowance;\n\n (ga) special benefit;\n\n (h) disability support pension;\n\n (j) carer payment;\n\n (k) austudy payment.\n\n (a) a determination has been made under subsection (1) granting a claim for a jobseeker payment to a person who was qualified for the payment under subsection 593(1B) of the 1991 Act; and\n\n (b) the person ceases to be qualified for the payment under subsection 593(1B) of the 1991 Act but becomes qualified for the payment under subsection 593(1) of that Act within 14 days after the person ceased to be qualified under subsection 593(1B);\n\nthe Secretary may make a determination varying the first‑mentioned determination to give effect to any change in the person’s start day.\n\n (6) The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that:\n\n (a) the person is qualified, or is expected to be qualified, for the allowance or payment; and\n\n (b) the allowance or payment would be payable, apart from:\n\n (i) the application of a waiting period; or\n\n (ii) the application of a compliance penalty period; or\n\n (v) the application of an income maintenance period where the rate of allowance or payment payable to the person is nil; or\n\n (vi) if the claim is a claim for youth allowance—the operation of section 547AA of the 1991 Act.\n\n (7) The Secretary must determine that a claim made in accordance with section 35 for a social security pension or benefit or for a crisis payment is to be granted if the Secretary is satisfied that:\n\n (a) the claimant:\n\n (i) is in gaol; or\n\n (ii) is undergoing psychiatric confinement because he or she has been charged with an offence; and\n\n (b) the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and\n\n (c) there are reasonable grounds for believing that the claimant will be released from gaol or psychiatric confinement on or before the day that is the claimant’s expected release day for the purposes of subsection 35(1); and\n\n (d) either:\n\n (i) in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or\n\n (ii) in any case, the claimant is expected to be qualified for the pension, benefit or payment immediately after the claimant is released from gaol or psychiatric confinement; and\n\n (e) the pension, benefit or payment is expected to be payable to the claimant immediately after the claimant is released from gaol or psychiatric confinement.\n\n (8) The Secretary must make a determination granting a claim for a concession card if the Secretary is satisfied that the claimant is qualified for the card.\n\nNote: In some cases, the Secretary must not make a determination granting a claim for a seniors health card or an income‑tested health care card if the Secretary makes a request under subsection 75(2) or (3) of the claimant (about providing tax file numbers): see subsection 77(1).\n\n (9) A determination under subsection (8) granting a claim for a seniors health card:\n\n (a) must specify the period at the end of which the determination ceases to have effect; and\n\n (b) unless it has already been cancelled, ceases to have effect at the end of that period.\n\n (10) A determination under subsection (8) granting a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act:\n\n (a) must specify the period at the end of which the determination ceases to have effect; and\n\n (b) unless it has already been cancelled, ceases to have effect at the end of that period.\n\n (11) The Minister may, by legislative instrument, determine the periods that are to be specified in determinations for the purposes of subsections (9) and (10).\n\n37AA  Grant of claim—schooling requirements\n\n (1) Without limiting subsection 37(1), the Secretary must determine that a claim for a schooling requirement payment is to be granted if the Secretary is satisfied that:\n\n (a) the person is qualified, or is expected to be qualified, for the payment; and\n\n (b) the payment would be payable if it were not for the application of subsection 124G(1), 124L(1) or 124NE(1).\n\n (2) Subsection (1) does not apply to a schooling requirement payment under the Veterans’ Entitlements Act.\n\nNote 1: Schooling requirement payments are social security benefits, social security pensions and certain payments under the Veterans’ Entitlements Act (see section 124D of this Act).\n\nNote 2: Section 124G and 124L provide that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice or an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply). Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice (subject to exceptions in that section).\n\nNote 3: If the payment is suspended under section 124H, 124M or 124NF (because of the application of subsection 124G(1), 124L(1) or 124NE(1)) on the day the claim is granted, the start day for the payment is deferred until the suspension ends (at the earliest) (see clause 5 of Schedule 2).\n\n37AB  Grant of claim—eligibility requirements taken to be satisfied etc.\n\n (1) If a claim for a social security payment or concession card (the new benefit) is made by a person receiving or holding another social security payment or concession card (the current benefit), then subsections (2) and (3) apply in relation to the Secretary considering, for the purposes of determining under section 37 whether the claim is to be granted:\n\n (a) whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit; and\n\n (b) if the new benefit is a social security payment—whether the Secretary is satisfied that the new benefit is, would be, or is expected to be, payable to the person.\n\n (2) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new benefit if:\n\n (a) the new requirement is the same as an eligibility requirement (the current requirement) for the current benefit; and\n\n (b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and\n\n (c) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.\n\n (3) If an eligibility factor (the new factor) for the new benefit is the same as an eligibility factor (the current factor) for the current benefit, the Secretary may:\n\n (a) treat the new factor as existing in relation to the person, if:\n\n (i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and\n\n (ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or\n\n (b) treat the new factor as not existing in relation to the person, if:\n\n (i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and\n\n (ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.\n\nOther powers not limited\n\n (4) This section does not, by implication, limit any other power of the Secretary to do the following in making a determination under section 37:\n\n (a) treat a person as having satisfied an eligibility requirement;\n\n (b) treat an eligibility factor as existing, or not existing, in relation to a person.\n\n (5) In this section:\n\neligibility factor means:\n\n (a) for a social security payment—a fact, matter or circumstance the existence of which in relation to a person is relevant to:\n\n (i) whether the person qualifies for the payment; or\n\n (ii) whether the payment is payable to the person; or\n\n (b) for a concession card—a fact, matter or circumstance the existence of which in relation to a person is relevant to whether the person qualifies for the card.\n\neligibility requirement means:\n\n (a) for a social security payment—a requirement that a person must satisfy:\n\n (i) to qualify for the payment; or\n\n (ii) for the payment to be payable to the person; or\n\n (b) for a concession card—a requirement that a person must satisfy to qualify for the card.\n\n","sortOrder":84},{"sectionNumber":"37A","sectionType":"section","heading":"Duration of certain health care cards","content":"37A  Duration of certain health care cards\n\n (1) A seniors health card expires at the end of the period specified, for the purposes of subsection 37(9), in the determination granting the claim for the card.\n\n (1A) However, subsection (1) does not apply to a seniors health card issued under subsection 1061ZJA(3), (4) or (5) of the 1991 Act.\n\n (2) A health care card granted to a person qualified for the card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act expires at the end of the period specified, for the purposes of subsection 37(10), in the determination granting the claim for the card.\n\n (3) A person to whom a concession card referred to in subsection (1) or (2) has been granted may make a claim for a further concession card before the first‑mentioned card expires.\n\n","sortOrder":85},{"sectionNumber":"38","sectionType":"section","heading":"Refusal of claim for special employment advance","content":"38  Refusal of claim for special employment advance\n\n (1) Subject to subsection (2), the Secretary must refuse a claim for special employment advance if:\n\n (a) the claim is based on the effect of unreceived income on the claimant’s special employment advance qualifying entitlement; and\n\n (b) the Secretary is satisfied that the income will be received within 2 days after the claim is made.\n\n (2) Subsection (1) does not apply if the Secretary considers that the claimant’s financial needs are such that the claim should be granted.\n\nunreceived income has the same meaning as in subsection 1061EM(1) of the 1991 Act.\n\n","sortOrder":86},{"sectionNumber":"39","sectionType":"section","heading":"Deemed refusal of claim","content":"39  Deemed refusal of claim\n\n (1) Subject to subsections (3) and (9), if the Secretary does not make a determination regarding a claim within the period of 13 weeks after the day on which the claim was made, the Secretary is taken to have made, at the end of that period, a determination rejecting the claim.\n\n (a) a person makes a claim for a social security payment that is a relevant social security payment for the purposes of subclause 4(1) of Schedule 2; and\n\n (b) the person is not, on the day on which the claim is made, qualified for the payment; and\n\n (c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and\n\n (d) the person becomes so qualified within that period;\n\nthe claim is taken, for the purposes of subsection (1), to be made on the day on which the person becomes qualified.\n\n (4) If the Secretary asks a person who has made a claim for a social security payment or a concession card or another person for information in relation to the claim, the period that:\n\n (a) begins on the day on which the Secretary asks for the information; and\n\n (b) ends on the day on which the information is given to the Secretary;\n\nis not counted for the purpose of subsection (1).\n\n (a) a person makes a claim (the actual claim); and\n\n (b) apart from this subsection, the person would, by virtue of section 13 or 14, be taken to have made the claim on a particular day;\n\nthen, in spite of section 13 or 14, as the case may be, a reference in subsection (1) of this section to the day on which the claim was made is a reference to the day on which the actual claim was made.\n\n (6) The Secretary may determine that a specified period, being a period that is longer than 13 weeks, applies for the purposes of claims for an AVTOP in relation to a declared overseas terrorist act.\n\n (7) If, under subsection (6), there is a determination of a period in force for the purposes of claims for an AVTOP in relation to a declared overseas terrorist act, then this Act applies to those claims as if references in subsections (1) and (3) to the period of 13 weeks were references to the period referred to in the determination.\n\n (8) A determination under subsection (6) is not a legislative instrument.\n\n (9) A claim for a student start‑up loan for a qualification period made before the start of the qualification period is taken to have been made on the first day of the qualification period.\n\n","sortOrder":87},{"sectionNumber":"40","sectionType":"section","heading":"Rejection of claim for failure to obtain foreign payment","content":"40  Rejection of claim for failure to obtain foreign payment\n\n (1) The Secretary may make a determination rejecting a claim for a social security payment if:\n\n (a) the claimant has been given a notice under subsection 66(2); and\n\n (b) the Secretary is not satisfied that the claimant has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the claimant within the period specified in the notice.\n\n (2) The Secretary may make a determination rejecting a claim for a social security payment if:\n\n (a) the claimant has been given a notice under subsection 66(3); and\n\n (b) the Secretary is not satisfied that the claimant’s partner has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the partner within the period specified in the notice.\n\n","sortOrder":88},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Employment pathway plans","content":"Division 2A—Employment pathway plans\n\nNote: The powers of the Employment Secretary under this Division may be delegated under section 234 (including to a person engaged by an organisation that performs services for the Commonwealth).\n\nSubdivision A—Entry into employment pathway plans\n\n","sortOrder":89},{"sectionNumber":"40A","sectionType":"section","heading":"Requirement to enter into employment pathway plans","content":"40A  Requirement to enter into employment pathway plans\n\nNo existing employment pathway plan in force\n\n (1) The Employment Secretary may require a person to enter into an employment pathway plan if an employment pathway plan is not in force in relation to the person and one of the following applies:\n\n (i) the person is receiving, or has made a claim for, a jobseeker payment or a youth allowance; or\n\n (ii) the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment or a youth allowance;\n\n (b) the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies and either:\n\n (i) the person is receiving, or has made a claim for, parenting payment; or\n\n (ii) the Department is contacted by or on behalf of the person in relation to a claim for parenting payment;\n\n (c) the person is a nominated visa holder and either:\n\n (i) the person is receiving, or has made a claim for, a special benefit; or\n\n (ii) the Department is contacted by or on behalf of the person in relation to a claim for special benefit.\n\nExisting employment pathway plan already in force\n\n (2) If an employment pathway plan is in force in relation to a person, the Employment Secretary may require the person to enter into another plan instead of the existing one.\n\nNotification of requirement\n\n (3) The Employment Secretary must notify a person who is required to enter into an employment pathway plan of the requirement. The notification:\n\n (a) must give the person the option of entering into the plan under section 40D; and\n\n (b) may also give the person the option of entering into the plan under section 40E, taking into account the person’s circumstances.\n\n","sortOrder":90},{"sectionNumber":"40B","sectionType":"section","heading":"Use of technological processes","content":"40B  Use of technological processes\n\n (1) The Employment Secretary may arrange for the use of technological processes in relation to the following:\n\n (a) persons entering into employment pathway plans under section 40D or 40E;\n\n (b) the variation of such plans.\n\nNote: A person does not enter into an employment pathway plan unless the person accepts such a plan: see paragraphs 40D(1)(a) and 40E(1)(c).\n\nArrangement not a legislative instrument\n\n (2) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.\n\n","sortOrder":91},{"sectionNumber":"40C","sectionType":"section","heading":"Use of questionnaire","content":"40C  Use of questionnaire\n\n (1) The Employment Secretary may arrange for the completion of a questionnaire in relation to the following:\n\n (a) persons entering into employment pathway plans under section 40D or 40E;\n\n (b) the variation of such plans.\n\n (2) A questionnaire may relate to, but is not limited to, one or more of the employment pathway plan matters in relation to a person.\n\nNote: For employment pathway plan matters, see section 40F.\n\n (3) A purpose of the questionnaire is to obtain information for the purposes of working out under which section the person is able to enter into an employment pathway plan.\n\nArrangement not a legislative instrument\n\n (4) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.\n\n","sortOrder":92},{"sectionNumber":"40D","sectionType":"section","heading":"Employment pathway plans—plans developed by the Employment Secretary","content":"40D  Employment pathway plans—plans developed by the Employment Secretary\n\n (1) A person enters into an employment pathway plan under this section if:\n\n (a) the person notifies the Employment Secretary that the person accepts the employment pathway plan developed by the Employment Secretary; and\n\n (b) that acceptance occurs after one or more communications between the person and the Employment Secretary in relation to that plan.\n\nNote: For variation of employment pathway plans, see section 40V.\n\nPlan requirements\n\n (2) The employment pathway plan developed by the Employment Secretary must contain one or more requirements that the person is required to comply with.\n\nNote: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.\n\nOptional terms\n\n (3) The employment pathway plan may also contain one or more terms that the person may, but is not required to, comply with.\n\nApproval of requirements\n\n (4) The requirements in the employment pathway plan are to be approved by the Employment Secretary. Those requirements must not be approved by the processes referred to in subsection 40B(1).\n\n (5) The Employment Secretary must not approve requirements that are not suitable for the person. For this purpose, the Employment Secretary must take into account the following matters:\n\n (a) the employment pathway plan matters in relation to the person;\n\n (b) the person’s capacity to comply with the requirements;\n\n (c) the person’s needs;\n\n (d) any other matters that the Employment Secretary or the person considers relevant in the circumstances.\n\nNote: For employment pathway plan matters, see section 40F.\n\n","sortOrder":93},{"sectionNumber":"40E","sectionType":"section","heading":"Employment pathway plans—streamlined processes","content":"40E  Employment pathway plans—streamlined processes\n\n (1) A person enters into an employment pathway plan under this section if:\n\n (a) the person is given information as part of the processes referred to in subsection 40B(1) informing the person of the matters the person should consider in deciding whether to accept an employment pathway plan under this section; and\n\n (b) a proposed employment pathway plan is produced as part of those processes that:\n\n (i) contains one or more requirements that the person is required to comply with; and\n\n (ii) may contain one or more terms that the person may, but is not required to, comply with; and\n\n (c) after deciding the person is satisfied with that proposed employment pathway plan, the person accepts that plan as part of those processes.\n\nNote 1: If the person does not want to accept the proposed employment pathway plan that is produced as part of those processes, the person can still enter into an employment pathway plan under section 40D.\n\nNote 2: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.\n\nNote 3: For variation of employment pathway plans, see section 40V.\n\n (2) This section does not prevent the person from entering into an employment pathway plan under section 40D after the person has entered into an employment pathway plan under this section.\n\n","sortOrder":94},{"sectionNumber":"40F","sectionType":"section","heading":"Employment pathway plan matters","content":"40F  Employment pathway plan matters\n\n  The employment pathway plan matters in relation to a person are the following:\n\n (a) the person’s education, experience, skills and age;\n\n (b) 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;\n\n (c) the state of the labour market and the transport or other options available to the person in accessing that market;\n\n (d) the participation opportunities available to the person;\n\n (e) the family and caring responsibilities of the person;\n\n (f) the length of travel time required to comply with requirements in an employment pathway plan;\n\n (g) the financial costs (such as travel costs) of complying with requirements in an employment pathway plan, and the person’s capacity to pay for such costs.\n\n","sortOrder":95},{"sectionNumber":"40G","sectionType":"section","heading":"Employment pathway plans—examples of requirements","content":"40G  Employment pathway plans—examples of requirements\n\nSeeking, accepting and undertaking paid work\n\n (1) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:\n\n (a) the person actively seeking paid work in Australia;\n\n (b) the person accepting, and being willing to accept, offers of paid work in Australia;\n\n (c) the person undertaking, and being willing to undertake, paid work in Australia;\n\nexcept particular paid work that is unsuitable to be done by the person.\n\nNote: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.\n\nUndertaking of other activities\n\n (2) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:\n\n (a) the person undertaking training or study;\n\n (b) the person undertaking voluntary work;\n\n (c) the person participating in an approved program of work for income support payment (subject to section 40J) or in an employment program;\n\n (d) the person attending an interview with a person engaged by an organisation that performs services for the Commonwealth;\n\n (e) the person completing, updating or improving the person’s résumé.\n\nReporting on compliance\n\n (3) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to the person’s reporting of compliance with the plan.\n\nParenting payment—health and education\n\n (4) In relation to parenting payment and a person to whom paragraph 500(1)(ca) of the 1991 Act applies, an employment pathway plan under this Subdivision may contain requirements relating to one or more of the following:\n\n (a) the person’s education;\n\n (b) the health of a PP child of the person;\n\n (c) the education of a PP child of the person.\n\nNo limit on requirements in plans\n\n (5) Subsections (1) to (4) do not limit the requirements that an employment pathway plan may contain.\n\nNote: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.\n\nSubdivision B—What employment pathway plans must not contain\n\n","sortOrder":96},{"sectionNumber":"40H","sectionType":"section","heading":"Employment pathway plans not to contain requirements about undertaking unsuitable paid work","content":"40H  Employment pathway plans not to contain requirements about undertaking unsuitable paid work\n\n  An employment pathway plan under Subdivision A in relation to a person must not contain a requirement relating to one or more of the following:\n\n (a) the person seeking paid work in Australia;\n\n (b) the person accepting offers of paid work in Australia;\n\n (c) the person undertaking paid work in Australia;\n\nthat is particular paid work that is unsuitable to be done by the person.\n\nNote: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.\n\n","sortOrder":97},{"sectionNumber":"40J","sectionType":"section","heading":"Employment pathway plans not to contain requirements to participate in an approved program of work","content":"40J  Employment pathway plans not to contain requirements to participate in an approved program of work\n\nParenting payment\n\n (1) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving parenting payment, must not require the person to participate in an approved program of work for income support payment if:\n\n (i) if the person’s rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A of the 1991 Act—because of the application of Module E of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or\n\n (ii) if the person’s rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B of the 1991 Act—because of the application of Module D of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or\n\n (b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.\n\nYouth allowance\n\n (2) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a youth allowance, must not require the person to participate in an approved program of work for income support payment if:\n\n (a) the person is under 18 years of age; or\n\n (b) the person is undertaking full‑time study (see section 541B of the 1991 Act); or\n\n (c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the person is receiving the youth allowance at a rate that has been reduced; or\n\n (d) the program of work requires the person to move from a home in one place to a home in another place.\n\nJobseeker payment\n\n (3) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a jobseeker payment, must not require the person to participate in an approved program of work for income support payment if:\n\n (a) because of the application of Module G of Benefit Rate Calculator B in section 1068 of the 1991 Act, the person is receiving the jobseeker payment at a rate that has been reduced; or\n\n (b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.\n\nSpecial benefit\n\n (4) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a special benefit, must not require the person to participate in an approved program of work for income support payment if:\n\n (a) the person is under 18 years of age; or\n\n (b) the person or the person’s partner has income; or\n\n (c) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.\n\n","sortOrder":98},{"sectionNumber":"40K","sectionType":"section","heading":"Employment pathway plans not to contain certain other requirements","content":"40K  Employment pathway plans not to contain certain other requirements\n\n (1) An employment pathway plan under Subdivision A must not contain a requirement of a kind that the Employment Secretary determines under subsection (2).\n\n (2) The Employment Secretary must, by legislative instrument, determine the kinds of requirements that employment pathway plans must not contain.\n\nSubdivision C—Exemptions from employment pathway plan requirements\n\n","sortOrder":99},{"sectionNumber":"40L","sectionType":"section","heading":"Circumstances making it unreasonable etc. to comply with requirements","content":"40L  Circumstances making it unreasonable etc. to comply with requirements\n\n (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.\n\nCircumstances beyond a person’s control\n\n (2) The Employment Secretary may make a determination under this section in relation to the person if:\n\n (a) the Employment Secretary is satisfied that circumstances exist that are beyond the person’s control; and\n\n (b) the Employment Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the employment pathway plan requirements.\n\nOther circumstances\n\n (3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied in all the circumstances that the person should not be required to satisfy the employment pathway plan requirements.\n\nException—misuse of alcohol or another drug\n\n (4) Subsection (2) or (3) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.\n\nExamples of relevant circumstances\n\n (5) The Employment Secretary may make a determination under subsection (2) or (3) in relation to a person in circumstances that relate to, but are not limited to, the following:\n\n (a) the person having a temporary incapacity resulting in the person being unable to undertake work for at least 8 hours per week, where the person has given the Employment Secretary a certificate of a medical practitioner, in the form (if any) approved by the Employment Secretary, that supports the incapacity being caused by a medical condition arising from sickness or an accident;\n\n (b) the person experiencing a marriage or relationship breakdown;\n\n (c) the death of an immediate family member of the person;\n\n (d) the person having suffered a significant personal crisis;\n\n (e) the person having been affected by an emergency, disaster or public health crisis.\n\nRevocation of determination\n\n (6) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.\n\nLater exemptions do not limit this section\n\n (7) Sections 40M to 40T do not limit this section.\n\n","sortOrder":100},{"sectionNumber":"40M","sectionType":"section","heading":"Death of person’s partner","content":"40M  Death of person’s partner\n\nClaimants\n\n (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:\n\n (a) the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and\n\n (b) the person makes the claim after the death of the person’s partner; and\n\n (c) if the person was not pregnant when the person’s partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and\n\n (d) if the person was pregnant when the person’s partner died—the person makes the claim:\n\n (i) in the period of 14 weeks starting on the day of the death of the partner; or\n\n (ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;\n\n  whichever ends later.\n\nThe applicable period is the period applicable under paragraph (c) or (d).\n\nRecipients\n\n (2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:\n\n (a) the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and\n\n (b) while the person is receiving the payment, allowance or benefit the person’s partner dies; and\n\n (c) if the person was not pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and\n\n (d) if the person was pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death:\n\n (i) in the period of 14 weeks starting on the day of the death of the partner; or\n\n (ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;\n\n  whichever ends later; and\n\n (e) the person is receiving the payment, allowance or benefit on the day of the notification.\n\nThe applicable period is the period applicable under paragraph (c) or (d).\n\n","sortOrder":101},{"sectionNumber":"40N","sectionType":"section","heading":"Domestic violence","content":"40N  Domestic violence\n\n (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.\n\n (2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person was subjected to domestic violence in the last 26 weeks.\n\n (3) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.\n\n","sortOrder":102},{"sectionNumber":"40P","sectionType":"section","heading":"Caring responsibilities","content":"40P  Caring responsibilities\n\n (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.\n\nMandatory determination\n\n (2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that:\n\n (a) the person is the principal carer of one or more children and that one or more of the following apply:\n\n (i) the person is a registered and active foster carer;\n\n (ii) the person is a home educator of one or more of those children;\n\n (iii) the person is a distance educator of one or more of those children;\n\n (iv) 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; or\n\n (b) the following apply:\n\n (i) the person is the principal carer of a child;\n\n (ii) the person is the principal carer of one or more other children or the main supporter of one or more secondary pupil children or both;\n\n (iii) there are 4 or more of the children of whom the person is the principal carer or main supporter; or\n\n (c) the following apply:\n\n (i) the person is not the principal carer of one or more children;\n\n (ii) the person is a registered and active foster carer;\n\n (iii) the person is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child; or\n\n (d) the following apply:\n\n (i) the person is the main supporter of one or more secondary pupil children;\n\n (ii) the person is a home educator or distance educator of one or more of those children; or\n\n (e) the following apply:\n\n (i) the person is the principal carer of one or more children;\n\n (ii) the person is a relative (other than a parent) of a child (the kin child);\n\n (iii) there is a document that provides for the kin child to live with the person for the care and wellbeing of the kin child and that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children;\n\n (iv) the person is acting in accordance with the document.\n\nNote 2: For registered and active foster carer see section 5B of the 1991 Act.\n\nNote 3: For home educator see section 5C of the 1991 Act.\n\nNote 4: For distance educator see section 5D of the 1991 Act.\n\nNote 5: For family law order see subsection 23(1) of the 1991 Act.\n\nNote 6: For relative (other than a parent) see section 5E of the 1991 Act.\n\nNote 7: For main supporter see section 5G of the 1991 Act.\n\nNote 8: For secondary pupil child see section 5F of the 1991 Act.\n\nNote 9: See also section 40U (general rules about determinations under this Subdivision).\n\nDiscretionary determination\n\n (3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person is the principal carer of one or more children:\n\n (a) who suffer from a physical, intellectual or psychiatric disability or illness; and\n\n (b) whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the employment pathway plan requirements.\n\nNote 2: See also section 40U (general rules about determinations under this Subdivision).\n\nRevocation\n\n (4) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.\n\n","sortOrder":103},{"sectionNumber":"40Q","sectionType":"section","heading":"Pre‑natal and post‑natal relief","content":"40Q  Pre‑natal and post‑natal relief\n\n (1) A pregnant woman is not required to satisfy the employment pathway plan requirements 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).\n\n (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 employment pathway plan requirements for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.\n\n","sortOrder":104},{"sectionNumber":"40R","sectionType":"section","heading":"Persons engaged in work","content":"40R  Persons engaged in work\n\nPersons 55 and over\n\n (1) A person who has reached 55 years of age is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if:\n\n (a) unless paragraph (b) applies—the person:\n\n (i) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in that 2‑week period; or\n\n (ii) is engaged, for at least 30 hours in that 2‑week period, in a combination of approved unpaid voluntary work for an approved organisation and of paid work that the Secretary regards as suitable; or\n\n (iii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable; or\n\n (b) if the person is under 60 years of age and that 2‑week period begins before the end of 12 months starting on the day the person starts to receive jobseeker payment or special benefit—the person:\n\n (i) is engaged, for at least 30 hours in that 2‑week period, in work consisting of a combination of approved unpaid voluntary work for an approved organisation and of at least 15 hours of paid work that the Secretary regards as suitable; or\n\n (ii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable.\n\n (a) approved unpaid voluntary work is work, either full‑time or otherwise, that has been approved by the Employment Secretary for the purposes of this section; and\n\n (b) an approved organisation is an organisation that has been approved by the Employment Secretary for the purposes of this section.\n\nPrincipal carers and people with partial capacity to work\n\n (3) A person is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if the person:\n\n (a) is the principal carer of at least one child or has a partial capacity to work; and\n\n (b) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable.\n\n","sortOrder":105},{"sectionNumber":"40S","sectionType":"section","heading":"Jobseeker payment rules only","content":"40S  Jobseeker payment rules only\n\nRehabilitation program\n\n (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:\n\n (a) subparagraph 593(1)(a)(ii) of the 1991 Act applies in relation to the person; and\n\n (b) the person is undertaking a rehabilitation program; and\n\n (c) the program is intended to enhance the person’s ability to work; and\n\n (d) the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and\n\n (e) the person’s participation in the program will, or is likely to, end within the period of 208 weeks after the jobseeker payment commenced to be payable to the person.\n\nThe applicable period is the period the person is undertaking the rehabilitation program or such shorter or longer period determined by the Employment Secretary.\n\nInteraction with the ABSTUDY Scheme\n\n (2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:\n\n (a) jobseeker payment is payable to the person because of subsection 614(6) of the 1991 Act; and\n\n (b) the person has commenced the full‑time course of education referred to in paragraph 614(6)(a) of the 1991 Act.\n\nThe applicable period is the period during which the payment is payable to the person because of that subsection.\n\n","sortOrder":106},{"sectionNumber":"40T","sectionType":"section","heading":"Exceptional circumstances","content":"40T  Exceptional circumstances\n\n (1) A person is not required to satisfy the employment pathway plan requirements if the person is included in a class of persons specified in a determination under this section that is in effect.\n\n (2) The Employment Secretary may make a determination under this section specifying a class of persons for the purposes of subsection (1).\n\n (3) The Employment Secretary may make the determination only if the Employment Secretary is satisfied that exceptional circumstances exist to justify making the determination.\n\n (4) Without limiting subsection (3), the exceptional circumstances may be that there is an emergency, disaster or public health crisis affecting Australia or one or more parts of Australia.\n\nPublication\n\n (5) The Employment Secretary must cause details of the class of persons and of the exceptional circumstances to be published on the Employment Department’s website.\n\nRevocation of determination\n\n (6) The Employment Secretary may revoke a determination under this section if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.\n\n (7) The Employment Secretary must cause details of the revocation to be published on the Employment Department’s website.\n\n","sortOrder":107},{"sectionNumber":"40U","sectionType":"section","heading":"General rules","content":"40U  General rules\n\n (1) A determination under this Subdivision may specify the period during which the determination has effect.\n\n (2) A determination under this Subdivision may be expressed to take effect on a day that is earlier than the day on which the determination is made.\n\n (3) A revocation of a determination under this Subdivision takes effect on the day specified in the revocation, which must not be earlier than the day the revocation is made.\n\n (4) A determination under this Subdivision, or a revocation of such a determination, is not a legislative instrument.\n\nSubdivision D—Variation, cancellation and review of employment pathway plans\n\n40V  Variation, cancellation and review of employment pathway plans\n\nVariation\n\n (1) The Employment Secretary may vary an employment pathway plan that is in force under Subdivision A in relation to a person after discussion with the person and after taking into account the matters mentioned in paragraphs 40D(5)(a), (b), (c) and (d).\n\n (2) The Employment Secretary may vary the plan on the Employment Secretary’s own initiative or on request of the person.\n\n (3) If the person requests a variation of the plan, the Employment Secretary must:\n\n (a) make a decision under subsection (1) to vary the plan; or\n\n (b) make a decision to refuse to vary the plan.\n\n (4) The Employment Secretary must notify the person of the variation or of the decision to refuse to vary the plan.\n\n (5) If an employment pathway plan is in force under Subdivision A in relation to a person, the person may vary the plan in accordance with the processes referred to in subsection 40B(1).\n\nCancellation\n\n (6) The Employment Secretary must cancel an employment pathway plan that is in force under Subdivision A in relation to a person if the person enters into another employment pathway plan.\n\nReview\n\n (7) The Employment Secretary may review an employment pathway plan that is in force under Subdivision A in relation to a person.\n\n (8) The Employment Secretary may review the plan on the Employment Secretary’s own initiative or on request of the person.\n\nSubdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans\n\n","sortOrder":108},{"sectionNumber":"40W","sectionType":"section","heading":"Notification of circumstances preventing or affecting compliance with employment pathway plans","content":"40W  Notification of circumstances preventing or affecting compliance with employment pathway plans\n\n  If an employment pathway plan is in force under Subdivision A in relation to a person, the person must notify the Employment Secretary of any circumstances preventing the person from complying, or reducing the person’s capacity to comply, with the requirements in the plan.\n\n","sortOrder":109},{"sectionNumber":"Div 2B","sectionType":"division","heading":"Circumstances in which paid work is unsuitable","content":"Division 2B—Circumstances in which paid work is unsuitable\n\n","sortOrder":110},{"sectionNumber":"40X","sectionType":"section","heading":"Circumstances in which paid work is unsuitable","content":"40X  Circumstances in which paid work is unsuitable\n\n (1) For the purposes of the social security law, particular paid work is unsuitable to be done by a person if and only if:\n\n (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no relevant training will be provided to the person; or\n\n (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\n\n (c) the person is the principal carer of one or more children, and does not have access to appropriate care and supervision for the children during:\n\n (i) the times when the person would be required to undertake the work; or\n\n (ii) 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; or\n\n (d) 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\n\n (e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or\n\n (f) commuting between the person’s home and the place of work would be unreasonably difficult; or\n\n (g) the work would require enlistment in the Defence Force or the Reserves; or\n\n (h) the work requires the person to move from a home in a place to a home in another place; or\n\n (i) for any other reason, the work is unsuitable to be done by the person.\n\nNote: For the purposes of paragraph (i), see also subsections (4) and (5).\n\nWork outside the area in which the person’s home is situated\n\n (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\n\n (b) the person is offered permanent full‑time work (whether or not work of the kind sought) in the new area;\n\nthe work offered is not unsuitable for the person because of paragraph (1)(f) or (h) unless:\n\n (c) the person is under the age of 18; or\n\n (d) the person or the person’s partner is pregnant; or\n\n (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\n\n (f) the acceptance of the offer would jeopardise the current paid work, or the paid work prospects, of the person’s partner; or\n\n (g) the person or the person’s partner has a child under the age of 16 who is living with them or is living somewhere else in the old area; or\n\n (h) the person or the person’s partner has significant caring responsibilities in the old area; or\n\n (i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or\n\n (j) it is more appropriate for the person to participate in education or training than to accept the offer; or\n\n (k) the person would suffer severe financial hardship if the person were to accept the offer.\n\n (3) Without limiting subsection (2), if a person, when seeking paid work through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person’s home is situated, the person is taken to have sought work outside that area.\n\nLegislative instrument\n\n (4) The Employment Secretary must, by legislative instrument, determine matters to be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).\n\n (5) Subsection (4) does not limit the matters that may be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).\n\nInterpretation\n\n (6) To avoid doubt, for the purposes of this section, paid work is not unsuitable to be done by a person merely because:\n\n (a) the work is not the person’s preferred type of work; or\n\n (b) the work is not commensurate with the person’s highest level of educational attainment or qualification; or\n\n (c) the level of remuneration for the work is not the person’s preferred level of remuneration.\n\n","sortOrder":111},{"sectionNumber":"Div 2C","sectionType":"division","heading":"Guidelines","content":"Division 2C—Guidelines\n\n","sortOrder":112},{"sectionNumber":"40Y","sectionType":"section","heading":"Guidelines","content":"40Y  Guidelines\n\n  The Employment Secretary must, by legislative instrument, determine guidelines about:\n\n (a) how a person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; and\n\n (b) the following:\n\n (i) the kind of information to be provided by the Employment Secretary to a person who has made a claim for a participation payment about the person entering into an employment pathway plan under section 40D or 40E;\n\n (ii) the processes (including any technological requirements) for entering into such a plan;\n\n (iii) the processes for reporting compliance with the requirements in such a plan; and\n\n (c) the circumstances in which performing paid work in Australia may constitute a risk to health or safety and how a person satisfies the Employment Secretary that particular paid work constitutes such a risk.\n\nDivision 3—Commencement of social security payment\n\n","sortOrder":113},{"sectionNumber":"41","sectionType":"section","heading":"Commencement","content":"41  Commencement\n\n (1) Unless another provision of the social security law provides otherwise, a social security payment becomes payable to a person on the person’s start day in relation to the social security payment.\n\n (2) Unless another provision of the social security law provides otherwise, a concession card takes effect on the person’s start day in relation to the card.\n\n","sortOrder":114},{"sectionNumber":"42","sectionType":"section","heading":"Start day","content":"42  Start day\n\n  For the purposes of the social security law, a person’s start day in relation to a social security payment or a concession card is the day worked out in accordance with Schedule 2.\n\nDivision 3AA—Compliance with participation payment obligations: persons other than declared program participants\n\n42AA  Simplified outline of this Division\n\nThis Division is about the Secretary taking action to ensure that people (other than declared program participants) meet their obligations in relation to participation payments. The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.\n\nA person commits a mutual obligation failure for failing to comply with obligations relating to participation payments, such as attending appointments, undertaking activities, or taking action to gain paid work. A person commits a work refusal failure for failing to accept an offer of paid work (except paid work that is unsuitable to be done by the person). A person commits an unemployment failure for becoming unemployed because of a voluntary act (except a reasonable act) or misconduct.\n\nFor a mutual obligation failure or a work refusal failure, the participation payment may not be payable until the person complies with a reconnection requirement. The person may then receive back pay. The participation payment must be cancelled if the person fails to comply with the reconnection requirement within 4 weeks.\n\nIf a person who commits a mutual obligation failure has persistently committed mutual obligation failures and does not have a reasonable excuse then, depending on the circumstances, the person’s participation payment may be reduced by either 50% or 100% for a period (in addition to not being payable) or be cancelled. In addition, a participation payment may be cancelled if a person does not have a reasonable excuse for a work refusal failure. No participation payments are payable to a person for 4 weeks if a participation payment is cancelled for a mutual obligation failure or a work refusal failure.\n\nIf a person commits an unemployment failure, participation payments may not be payable to the person for either 4 or 6 weeks, depending on whether relocation assistance had been paid to help the person take up the employment concerned. Also, the person’s participation payment may be cancelled if he or she was receiving a participation payment when the unemployment failure was committed.\n\n42AB  Division not to apply to declared program participants\n\n  This Division applies in relation to a person if the person is not a declared program participant.\n\nSubdivision B—Failures for which compliance action must be taken\n\n42AC  Mutual obligation failures\n\n (1) A person commits a mutual obligation failure if the person is receiving a participation payment and any of the following applies:\n\n (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4);\n\n (b) the person fails to comply with a requirement, under section 40A, to enter into an employment pathway plan;\n\n (c) the person fails to attend, or to be punctual for, an appointment that the person is required to attend by:\n\n (i) a notice under subsection 63(2); or\n\n (ii) an employment pathway plan that is in force in relation to the person;\n\n (d) the person fails to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;\n\n (e) an employment pathway plan is in force in relation to the person and the person fails to satisfy the Secretary that the person has undertaken adequate job search efforts in relation to a period worked out in accordance with the plan (see subsection (2));\n\n (f) an employment pathway plan is in force in relation to the person and the person fails to comply with any other requirement of the plan that applies to the person;\n\n (g) the Secretary is satisfied that the person acted in an inappropriate manner:\n\n (i) during an appointment to which paragraph (c) applies that the person attended; or\n\n (ii) while participating in an activity referred to in paragraph (d);\n\n (h) the person intentionally acts in a manner and it is reasonably foreseeable that acting in that manner could result in an offer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person;\n\n (i) the person fails to:\n\n (i) attend a job interview; or\n\n (ii) act on a job opportunity when requested to do so by an employment services provider.\n\nNote: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.\n\n (1A) However, a person does not commit a mutual obligation failure in relation to the person’s failure to:\n\n (a) accept an offer of paid work in Australia of more than 15 hours per week; or\n\n (b) undertake paid work in Australia of more than 15 hours per week;\n\nif the person is the principal carer of at least one child or has a partial capacity to work.\n\n (2) For the purposes of paragraph (1)(e), the question whether a person has undertaken adequate job search efforts in relation to a particular period is to be worked out in accordance with a determination in force under subsection (3).\n\n (3) The Secretary must, by legislative instrument, make a determination for the purposes of subsection (2).\n\n (4) Paragraph (1)(c) does not limit paragraph (1)(a), and paragraph (1)(i) does not limit paragraph (1)(h).\n\n42AD  Work refusal failures\n\n (1) A person commits a work refusal failure if:\n\n (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and\n\n (b) the person refuses or fails to accept an offer of paid work in Australia, except particular paid work that is unsuitable to be done by the person.\n\nNote 1: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.\n\nNote 2: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.\n\n (2) However, a person does not commit a work refusal failure if:\n\n (b) the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.\n\n42AE  Unemployment failures\n\n (1) A person commits an unemployment failure if:\n\n (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and\n\n (b) the person becomes unemployed:\n\n (i) as a direct or indirect result of a voluntary act of the person; or\n\n (ii) as a result of the person’s misconduct as an employee.\n\nNote: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.\n\n (2) A person also commits an unemployment failure if:\n\n (a) the person is not receiving, but has made a claim for, a participation payment; and\n\n (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and\n\n (b) the person becomes unemployed (whether before or after making the claim):\n\n (i) as a direct or indirect result of a voluntary act of the person; or\n\n (ii) as a result of the person’s misconduct as an employee.\n\n (3) However, a person does not commit an unemployment failure because of subparagraph (1)(b)(i) or (2)(b)(i) if the person satisfies the Secretary that the voluntary act was reasonable.\n\n (4) A person also does not commit an unemployment failure if:\n\n (b) the work in relation to which the person became unemployed was work of more than 15 hours per week.\n\nSubdivision C—Compliance action that must be taken for particular failures\n\n42AF  Compliance action for mutual obligation failures\n\nUsual rule\n\n (1) If a person commits a mutual obligation failure (the relevant failure), the Secretary may:\n\n (a) determine that the person’s participation payment is not payable to the person for a period (see section 42AL); and\n\n (b) take action under subsection (2) (if applicable).\n\nNote: The person may be eligible for back pay once the payment suspension period ends (see subsection 42AL(4)).\n\nSpecial rule—persistent mutual obligation failures and no reasonable excuse\n\n (a) the Secretary is satisfied in accordance with an instrument made under subsection 42AR(1) that the person has persistently committed mutual obligation failures; and\n\n (b) the person does not satisfy the Secretary that the person has a reasonable excuse for the relevant failure (see sections 42AI and 42AJ);\n\n (c) that an instalment of the person’s participation payment for an instalment period is to be reduced (see section 42AN), in addition to making a determination under paragraph (1)(a) of this section; or\n\n (d) that the person’s participation payment is cancelled (see section 42AP).\n\nNote 1: For paragraph (c), the person may be eligible for back pay once the person’s payment suspension period ends (see subsection 42AL(4)). However, the back pay may be reduced (including to nil) if the instalment period for which an instalment is to be reduced under paragraph (c) overlaps with the payment suspension period.\n\nNote 2: For paragraph (d), a further consequence is that participation payments will not be payable to the person for the person’s post‑cancellation non‑payment period (see subsection 42AP(5)).\n\n (3) A determination made under paragraph (2)(d) for the relevant failure has effect despite any determination made under paragraph (1)(a) for the relevant failure.\n\nAction not to be taken—instalment already reduced to nil for instalment period when failure committed\n\n (4) Despite subsections (1) and (2), the Secretary must not make a determination under this section for the relevant failure if:\n\n (a) the Secretary has previously determined under paragraph (2)(c) that an instalment of the person’s participation payment for an instalment period is to be reduced; and\n\n (b) the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and\n\n (c) the person commits the relevant failure during that instalment period.\n\n42AG  Compliance action for work refusal failures\n\n (1) If a person commits a work refusal failure, the Secretary may:\n\n (a) determine that the person’s participation payment is not payable to the person for a period (see section 42AL); or\n\n (b) determine that the person’s participation payment is cancelled (see section 42AP) if the person does not satisfy the Secretary that the person has a reasonable excuse for the work refusal failure (see section 42AI).\n\nAction not to be taken—instalment already reduced to nil for instalment period when failure committed\n\n (4) Despite subsection (1), the Secretary must not take action under this section for a work refusal failure (the relevant failure) if:\n\n (a) the Secretary has previously determined under paragraph 42AF(2)(c) that the amount of an instalment of the person’s participation payment for an instalment period is to be reduced; and\n\n (b) the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and\n\n (c) the person commits the relevant failure during that instalment period.\n\n42AH  Compliance action for unemployment failures\n\nUnemployment failures committed by persons receiving a participation payment\n\n (1) If a person receiving a participation payment commits an unemployment failure, the Secretary may determine that the participation payment is cancelled (see section 42AP).\n\nNote: Participation payments will not be payable to the person for the person’s post‑cancellation non‑payment period (see subsection 42AP(5)).\n\nUnemployment failures committed by persons claiming a participation payment\n\n (2) If a person who has made a claim for (but is not receiving) a participation payment has committed an unemployment failure, the Secretary may determine that participation payments (whether or not the same as the participation payment that was claimed) are not payable to the person for a period (see section 42AO).\n\n42AI  Reasonable excuses—matters that must or must not be taken into account\n\nMatters to be taken into account\n\n (1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing:\n\n (a) a mutual obligation failure (see paragraph 42AF(2)(b)); or\n\n (b) a work refusal failure (see paragraph 42AG(1)(b)).\n\n (2) To avoid doubt, a determination under subsection (1) does not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse.\n\nMatters not to be taken into account\n\n (3) The Secretary may, by legislative instrument, determine matters that the Secretary must not take into account in deciding whether a person has a reasonable excuse for committing:\n\n (a) a mutual obligation failure (see paragraph 42AF(2)(b)); or\n\n (b) a work refusal failure (see paragraph 42AG(1)(b)).\n\n42AJ  Reasonable excuses for mutual obligation failures—prior notification required for certain failures\n\n (1) For the purposes of paragraph 42AF(2)(b), an excuse cannot be a reasonable excuse for a mutual obligation failure mentioned in subsection (2) of this section that is committed by a person unless:\n\n (a) the person notifies the excuse as mentioned in subsection (3) of this section; or\n\n (b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification.\n\nNote: The Secretary may also decide for other reasons that the excuse is not a reasonable excuse.\n\n (2) The failures are as follows:\n\n (a) a failure to comply with a requirement that was notified to the person under subsection 63(2) to attend an office of the Department, to contact the Department, or to attend a particular place;\n\n (b) without limiting paragraph (a), a failure to attend, or to be punctual for, an appointment that the person is required to attend by a notice under subsection 63(2);\n\n (c) a failure to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;\n\n (d) a failure to attend, or to be punctual for, an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.\n\n (3) The person must notify the excuse:\n\n (a) for a failure mentioned in paragraph (2)(a) or (b):\n\n (i) before the end of the time specified under subsection 63(2); and\n\n (ii) to the person or body specified by the Secretary as the person or body to whom prior notice should be given if the person is unable to comply with the notice under subsection 63(2); and\n\n (b) for a failure mentioned in paragraph (2)(c) or (d):\n\n (i) before the start of the activity on the day concerned, or before the time of the appointment; and\n\n (ii) to the person or body specified in the employment pathway plan as the person or body to whom prior notice should be given if the person is unable to undertake the activity or attend the appointment.\n\n42AK  Relationship between provisions of this Subdivision\n\n  Sections 42AF, 42AG and 42AH do not limit each other.\n\nSubdivision D—Effect of taking particular compliance action\n\n42AL  Payment suspension periods for mutual obligation failures and work refusal failures\n\n (1) If the Secretary determines under section 42AF or 42AG that a participation payment is not payable to a person for a period, the participation payment is not payable for the period (the payment suspension period) worked out under this section.\n\n (2) The payment suspension period begins at the start of:\n\n (a) the instalment period in which the person commits the mutual obligation failure or the work refusal failure (unless paragraph (b) applies); or\n\n (b) if the Secretary determines that a later instalment period is more appropriate—that later instalment period.\n\n (3) The payment suspension period ends immediately before:\n\n (a) the day the person complies with the reconnection requirement imposed under subsection 42AM(1) (unless paragraph (b) of this subsection applies); or\n\n (b) if the Secretary determines that an earlier day is more appropriate—that earlier day.\n\n (4) If the payment suspension period ends under subsection (3) for a person, then, for the purposes of the social security law after the end of that period:\n\n (a) the participation payment is taken to be payable to the person from the start of that period (subject to the social security law); and\n\n (b) the Secretary is taken to have made a determination to the effect mentioned in paragraph (a).\n\nNote: The effect of this subsection is that the person may receive back pay for the payment suspension period. However, the back pay may be reduced (including to nil) if the instalment period for which an instalment is to be reduced under section 42AN overlaps with the payment suspension period.\n\n42AM  Reconnection requirements for mutual obligation failures and work refusal failures\n\n (1) The Secretary must impose a requirement (the reconnection requirement) on a person if the Secretary determines under section 42AF or 42AG that a participation payment is not payable to the person for a period.\n\n (2) The Secretary must notify the person, in any way the Secretary considers appropriate, of:\n\n (a) the reconnection requirement; and\n\n (b) the effect of not complying with the reconnection requirement.\n\n (3) The Secretary must determine that the person’s participation payment is cancelled if:\n\n (a) the Secretary does not determine an earlier day for the purposes of ending the person’s payment suspension period under paragraph 42AL(3)(b); and\n\n (b) the person fails to comply with the reconnection requirement within 4 weeks after it is notified under subsection (2) of this section.\n\n (4) If the Secretary makes a determination under subsection (3), the participation payment is cancelled at the end of the 4 weeks mentioned in paragraph (3)(b).\n\n42AN  Reducing instalments of participation payments for mutual obligation failures\n\n (a) a person commits a mutual obligation failure; and\n\n (b) the Secretary makes a determination (the reduction determination) under paragraph 42AF(2)(c) that an instalment of a participation payment for an instalment period (the reduction period) is to be reduced.\n\n (2) The reduction period must be:\n\n (a) the instalment period in which the person commits the mutual obligation failure (unless paragraph (b) applies); or\n\n (b) if the Secretary determines that a later instalment period is more appropriate—that later instalment period.\n\n (3) The instalment payable to the person is reduced by an amount included in the reduction determination that is equal to:\n\n (a) half of the instalment that would otherwise have been payable for the reduction period; or\n\n (b) the whole of the instalment that would otherwise have been payable for the reduction period.\n\nNote: Paragraph (b) may have the effect of reducing the amount of the instalment to nil. However, the participation payment remains payable (see subsection (6)).\n\n (4) The Secretary must determine which of paragraph (3)(a) or (b) applies in relation to the reduction in accordance with an instrument made under subsection 42AR(1).\n\n (5) The Secretary may make the reduction determination in accordance with paragraph (3)(b) for the reduction period even if the Secretary has already made a determination for the person in accordance with paragraph (3)(a) for the same instalment period for a different mutual obligation failure.\n\n (6) The participation payment remains payable for the reduction period even if the amount of an instalment is reduced to nil in accordance with this section.\n\n42AO  Unemployment preclusion periods for unemployment failures by persons claiming participation payments\n\n (1) If the Secretary determines under subsection 42AH(2) that participation payments are not payable to a person who has made a claim for a participation payment, then participation payments are not payable to the person for the period (the unemployment preclusion period) of:\n\n (a) 4 weeks beginning on the day the person becomes unemployed as a result of the person’s voluntary act or misconduct (unless paragraph (b) applies); or\n\n (b) 6 weeks beginning on that day, if, during the 6 months ending on the day immediately before that day, relocation assistance, for the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.\n\nNote 1: The unemployment preclusion period may affect the person’s start day for a claim (see clauses 5 and 5A of Schedule 2).\n\nNote 2: For the purposes of this subsection, it is irrelevant which participation payment the person claimed (see subsection 42AH(2)).\n\n (2) For the purposes of this Act, relocation assistance for employment means a payment:\n\n (a) that is made by or on behalf of the Commonwealth to or for the benefit of a person for the purpose of assisting the person to take up the employment; and\n\n (b) that is specified under subsection (3).\n\n (3) The Secretary may, by legislative instrument, specify one or more payments for the purposes of paragraph (2)(b).\n\n42AP  Cancelling participation payments\n\n (1) This section applies if the Secretary determines under Subdivision C that the participation payment of a person who has committed a mutual obligation failure, a work refusal failure or an unemployment failure is cancelled.\n\nWhen payments are cancelled\n\n (2) For a mutual obligation failure or a work refusal failure, the participation payment is cancelled at the start of the following day (the cancellation day):\n\n (a) the first day of the instalment period in which the person commits the failure (unless paragraph (b) applies);\n\n (b) if the Secretary determines that a later instalment period is more appropriate—the first day of that later instalment period.\n\n (3) For an unemployment failure committed by a person who was receiving the participation payment when he or she became unemployed, the participation payment is cancelled at the start of the following day (the cancellation day):\n\n (a) the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct (unless paragraph (b) applies);\n\n (b) the first day of the first instalment period for the person that begins after the day the Secretary makes the determination under subsection 42AH(1), if the Secretary considers it more appropriate.\n\n (4) For the purposes of paragraph (3)(b), the day the Secretary makes the determination is the day the Secretary originally makes the determination (even if another decision in relation to the determination is later made on review).\n\nParticipation payments not payable for post‑cancellation non‑payment period\n\n (5) A participation payment (whether or not the same as the participation payment that was cancelled) is not payable to the person for the period (the post‑cancellation non‑payment period) of:\n\n (a) 4 weeks beginning on the cancellation day (unless paragraph (b) applies); or\n\n (b) 6 weeks beginning on the cancellation day, if:\n\n (i) the cancellation is for an unemployment failure; and\n\n (ii) during the 6 months ending on the day immediately before the person becomes unemployed, relocation assistance, for the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.\n\nNote 1: If the person makes a claim for a participation payment, the post‑cancellation non‑payment period may affect the person’s start day for the claim (see clauses 5 and 5A of Schedule 2).\n\nNote 2: For relocation assistance, see subsection 42AO(2).\n\nParticipation payment taken to not be cancelled for certain purposes during post‑cancellation non‑payment period\n\n (6) Despite subsections (2) and (3), the participation payment is taken to not be cancelled for the purposes of the following provisions until the end of the post‑cancellation non‑payment period:\n\n (a) a provision of the social security law, or the Family Assistance Act, that refers to a post‑cancellation non‑payment period or a compliance penalty period, other than a provision that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph;\n\n (b) section 106B of this Act (automatic cancellation of certain concession cards);\n\n (c) a provision of the social security law that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph.\n\nSubdivision E—Miscellaneous\n\n42AQ  Persons for whom participation payments not payable taken to still be receiving payment for certain purposes\n\n  If, under this Division, a participation payment is not payable to a person for a period, then, for the purposes of the following provisions, the person is taken to be receiving that participation payment for that period:\n\n (a) Subdivision B (except if the participation payment is not payable because of subsections 42AH(2) and 42AO(1) (unemployment preclusion periods));\n\n (b) sections 63 and 64;\n\n (c) any other provision of the social security law, or the Family Assistance Act, that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph.\n\n42AR  Minister to make determinations for purposes of this Division\n\n (1) The Minister must, by legislative instrument, determine the following:\n\n (a) for the purposes of paragraph 42AF(2)(a)—circumstances in which the Secretary must, or must not, be satisfied that a person has persistently committed mutual obligation failures;\n\n (c) for the purposes of subsection 42AN(4):\n\n (i) circumstances in which paragraph 42AN(3)(a) applies in relation to the reduction of an instalment for an instalment period; and\n\n (ii) circumstances in which paragraph 42AN(3)(b) applies in relation to the reduction of an instalment for an instalment period.\n\n (2) In addition, the Minister may, by legislative instrument, determine provisions of the social security law or the Family Assistance Act for the purposes of paragraph 42AP(6)(a) or (c) or 42AQ(c) of this Act.\n\n42AS  Relationship with section 80\n\n  Nothing in this Division affects the power of the Secretary to cancel or suspend a participation payment under section 80.\n\nNote: However, the Secretary cannot suspend or cancel a participation payment under that section on the basis that the participation payment is not, or was not, payable because of the operation of this Division (see paragraph 80(1)(b)).\n\n","sortOrder":115},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Compliance with participation payment obligations: declared program participants","content":"Division 3A—Compliance with participation payment obligations: declared program participants\n\n","sortOrder":116},{"sectionNumber":"42A","sectionType":"section","heading":"Simplified outline of this Division","content":"42A  Simplified outline of this Division\n\nThe Secretary may determine that a declared program participant commits a no show no pay failure, a connection failure, a reconnection failure or a serious failure.\n\nA declared program participant commits such a failure by failing to comply with his or her obligations in relation to a participation payment. The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.\n\nFor a no show no pay failure, a penalty amount is deducted from the participant’s participation payment.\n\nFor a connection failure, a requirement may be imposed on the participant (and if the participant fails to comply with the requirement, the participant commits a reconnection failure).\n\nFor a reconnection failure, generally a penalty amount is deducted from the participant’s participation payment until the participant complies with a requirement imposed on the participant.\n\nFor a serious failure, a participation payment is not payable to the participant for 8 weeks. The 8 week period may be ended in certain circumstances.\n\nThe Secretary may also determine that a declared program participant is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the participant for either 8 or 12 weeks, depending on the circumstances.\n\nThe Secretary may also determine that a participation payment is not payable to a declared program participant for a period because of certain failures. Once that period ends, the participant may be able to receive back pay. For a failure to attend an appointment, a penalty amount may be deducted from the participant’s participation payment.\n\n","sortOrder":117},{"sectionNumber":"42B","sectionType":"section","heading":"Application of this Division only to declared program participants","content":"42B  Application of this Division only to declared program participants\n\n  This Division applies in relation to a person if the person is a declared program participant.\n\nSubdivision B—No show no pay failures\n\n42C  No show no pay failures\n\n (1) The Secretary may determine that a person commits a no show no pay failure on a day if:\n\n (a) the person commits any of the following failures:\n\n (i) the person fails to participate, on the day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;\n\n (ii) the person fails to comply, on the day, with a serious failure requirement imposed on the person;\n\n (iii) the person commits misconduct, on the day, while participating in an activity referred to in subparagraph (i) or while purporting to comply with a serious failure requirement imposed on the person;\n\n (iv) the person intentionally acts in a manner on the day (including by failing to attend a job interview), and it is reasonably foreseeable that acting in that manner could result in an offer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person; and\n\n (b) the person receives an instalment of a participation payment for the instalment period in which the day occurs.\n\nNote: A penalty amount is deducted from the person’s participation payment for a no show no pay failure (see section 42D).\n\n (2) Without limiting subparagraph (1)(a)(i), a person fails to participate in an activity if:\n\n (a) the person fails to attend the activity at all; or\n\n (b) the person is not punctual in attending the activity.\n\nLimitations on determining no show no pay failures\n\n (a) more than one subparagraph of paragraph (1)(a) applies to a person on a day; or\n\n (b) a subparagraph of paragraph (1)(a) applies more than once to a person on a day;\n\nthen the Secretary may only determine that the person commits one no show no pay failure on the day.\n\nNote: However, the Secretary may determine that a person commits no show no pay failures on 2 or more days.\n\n (4) Despite subsection (1), the Secretary must not determine that a person commits a no show no pay failure on a day if:\n\n (a) both of the following apply:\n\n (i) subparagraph (1)(a)(i), (ii) or (iv) applies;\n\n (ii) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or\n\n (b) the person is a new apprentice; or\n\n (ba) the person is someone to whom section 42SB applies; or\n\n (c) the day is in a reconnection failure period for the person.\n\nNote: The Secretary must take certain matters into account for the purposes of paragraph (4)(a) and may be prohibited from taking other matters into account for those purposes (see section 42U). For the purposes of paragraph (4)(a), see also section 42UA (about prior notification of excuses).\n\n (5) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the no show no pay failure is to be deducted from the person’s instalment of a participation payment, provided that the penalty amount may not be deducted until at least the instalment after the first instalment made following notification to the person of the no show no pay failure.\n\n42D  Deducting the penalty amount\n\n  If the Secretary determines that a person commits a no show no pay failure, the person’s penalty amount (see section 42T) for the no show no pay failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42C(5).\n\nNote: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).\n\nSubdivision C—Connection and reconnection failures\n\n","sortOrder":118},{"sectionNumber":"42E","sectionType":"section","heading":"Connection failures","content":"42E  Connection failures\n\n (1) The Secretary may determine that a person commits a connection failure if:\n\n (a) the person commits any of the failures mentioned in subsection (2); and\n\n (b) the person receives an instalment of a participation payment for the instalment period in which the person commits the failure.\n\nNote: A reconnection requirement may be imposed for a connection failure (see section 42G).\n\n (2) For the purposes of subsection (1), the failures are the following:\n\n (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4);\n\n (b) the person fails to comply with a requirement, under section 40A, to enter into an employment pathway plan;\n\n (c) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;\n\n (d) the person is issued with a notice under subsection 42F(1) and fails to comply with it within the period specified in the notice;\n\n (e) the person fails to comply with subsection 42F(2);\n\n (f) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person to undertake a certain number of job searches per fortnight;\n\n (g) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person:\n\n (i) to keep a record of the person’s job searches in a document referred to in the plan as a job seeker diary; and\n\n (ii) to return the job seeker diary to the Department at the end of the period specified in the plan.\n\n (3) The Secretary may determine that a person commits 2 or more connection failures on a day.\n\nLimitations on determining connection failures\n\n (4) Despite subsection (1), the Secretary must not determine that a person commits a connection failure if:\n\n (b) both of the following apply:\n\n (i) the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;\n\n (ii) a youth allowance is not payable to the person for the instalment period in which the person commits the failure because of section 547AA of the 1991 Act; or\n\n (c) both of the following apply:\n\n (i) the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;\n\n (ii) a jobseeker payment is not payable to the person for the instalment period in which the person commits the failure because of section 615 of the 1991 Act; or\n\n (d) the person is a new apprentice; or\n\n (da) the person is someone to whom section 42SB applies; or\n\n (e) in the case of a failure under paragraphs (2)(d) to (g)—the person is receiving parenting payment.\n\nNote: The Secretary must take certain matters into account for the purposes of paragraph (4)(a) and may be prohibited from taking other matters into account for those purposes (see section 42U). For the purposes of paragraph (4)(a), see also section 42UA (about prior notification of excuses).\n\n","sortOrder":119},{"sectionNumber":"42F","sectionType":"section","heading":"Requiring a person to apply for job vacancies","content":"42F  Requiring a person to apply for job vacancies\n\n (1) The Secretary may notify a person that the person must apply for a particular number of advertised job vacancies in the period specified in the notice if:\n\n (a) the person is required to satisfy the employment pathway plan requirements; and\n\n (b) the person is receiving a participation payment other than a parenting payment.\n\n (2) For each such job vacancy the person (the job applicant) applies for during that period, the job applicant must give the Secretary a written statement from the person or body offering the job vacancy that confirms that the job applicant applied for the job vacancy.\n\n (3) The statement from the person or body offering the job vacancy must be in a form approved by the Secretary.\n\n (4) Subsection (2) does not apply to a person if the Secretary is satisfied that there are special circumstances in which it is not reasonable to expect the person to give the statement referred to in that subsection.\n\n","sortOrder":120},{"sectionNumber":"42G","sectionType":"section","heading":"Reconnection requirements","content":"42G  Reconnection requirements\n\n  If:\n\n (a) the Secretary determines that a person commits a connection failure; or\n\n (b) a person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or\n\n (c) a person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; or\n\n (ca) a person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); or\n\n (d) a person fails to comply with any other requirement that was notified to the person under subsection 63(2) or (4);\n\n (e) if, in relation to a failure referred to in paragraph (b), (c) or (ca), the Secretary determines, under subsection 42SA(1), that a participation payment is not payable to the person—the Secretary must require the person to comply with a requirement (the reconnection requirement); or\n\n (f) in any other case—the Secretary may require the person to comply with a requirement (the reconnection requirement).\n\nNote: The Secretary must notify the person of the effect of not complying with the reconnection requirement (see section 42K).\n\n","sortOrder":121},{"sectionNumber":"42H","sectionType":"section","heading":"Reconnection failures","content":"42H  Reconnection failures\n\n (1) The Secretary may determine that a person commits a reconnection failure if:\n\n (a) the person is required to comply with:\n\n (i) a reconnection requirement; or\n\n (ii) a further reconnection requirement; and\n\n (b) the person fails to comply with the requirement.\n\nNote: A further reconnection requirement may be imposed, and a penalty amount is deducted from the person’s participation payment, for a reconnection failure (see sections 42J and 42L).\n\n (2) The Secretary may determine that a person commits 2 or more reconnection failures on a day.\n\nLimitation on determining reconnection failures\n\n (3) Despite subsection (1), the Secretary must not determine that a person commits a reconnection failure if:\n\nNote: The Secretary must take certain matters into account for the purposes of paragraph (a) and may be prohibited from taking other matters into account for those purposes (see section 42U). For the purposes of paragraph (a), see also section 42UA (about prior notification of excuses).\n\nReconnection failure period\n\n (4) If the Secretary determines that a person commits a reconnection failure, the person commits the failure during the period (the reconnection failure period) that:\n\n (a) begins on the day the person commits the failure; and\n\n (b) ends on:\n\n (i) the day before the person complies with any further reconnection requirement imposed on the person in relation to the reconnection failure; or\n\n (ii) if the person fails to comply with a further reconnection requirement imposed on the person in relation to the reconnection failure, and the person satisfies the Secretary that the person has a reasonable excuse for the failure—the day before the person fails to comply with the requirement.\n\n (5) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the reconnection failure is to be deducted from the person’s instalment of a participation payment.\n\n","sortOrder":122},{"sectionNumber":"42J","sectionType":"section","heading":"Further reconnection requirements","content":"42J  Further reconnection requirements\n\n (1) The Secretary may require a person to comply with a further requirement (the further reconnection requirement) if the Secretary determines that:\n\n (a) the person fails to comply with a reconnection requirement imposed on the person; or\n\n (b) the person fails to comply with an earlier further reconnection requirement imposed on the person.\n\nNote: The Secretary must notify the person of the effect of not complying with the further reconnection requirement (see section 42K).\n\n (2) The Secretary may impose a further reconnection requirement on a person under subsection (1) even if the person satisfies the Secretary that the person has a reasonable excuse for failing to comply with the reconnection requirement or earlier further reconnection requirement.\n\n","sortOrder":123},{"sectionNumber":"42K","sectionType":"section","heading":"Notification requirements","content":"42K  Notification requirements\n\n (1) The Secretary must notify the person that a failure to comply with a reconnection requirement or a further reconnection requirement imposed on the person might result in either or both of the following:\n\n (a) a penalty amount being deducted from the person’s participation payment;\n\n (b) the person’s participation payment not being payable to the person for a period.\n\n (2) The notification does not have to be in writing, but must occur before the person is required to comply with the reconnection requirement or the further reconnection requirement.\n\n","sortOrder":124},{"sectionNumber":"42L","sectionType":"section","heading":"Deduction of penalty amount","content":"42L  Deduction of penalty amount\n\n  If the Secretary determines that a person commits a reconnection failure, the person’s penalty amount (see section 42T) for the reconnection failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42H(5).\n\nNote: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).\n\nSubdivision D—Serious failures\n\n42M  Serious failure for persistent non‑compliance\n\n (1) The Secretary may determine that a person commits a serious failure if:\n\n (a) the Secretary is satisfied that the person has, up to the day the Secretary makes the determination, persistently failed to comply with his or her obligations in relation to a participation payment (including by committing no show no pay failures, connection failures or reconnection failures); and\n\n (b) the person receives a participation payment for the instalment period in which the Secretary makes the determination.\n\nNote 1: A participation payment is not payable for 8 weeks for a serious failure (see section 42P).\n\nNote 2: For the day the Secretary makes the determination, see section 42Y.\n\n (2) In determining whether a person commits a serious failure under subsection (1):\n\n (a) the Secretary must not take into account failures that were outside the person’s control; and\n\n (b) the Secretary may only take into account any other failures that occurred intentionally, recklessly or negligently.\n\nLimitations on determining persistent non‑compliance serious failures\n\n (3) The Secretary must not determine that a person commits a serious failure under subsection (1):\n\n (a) while the person is in a serious failure period for another serious failure determined under subsection (1); or\n\n (b) if the person is a new apprentice; or\n\n (c) if the person is someone to whom section 42SB applies.\n\nLegislative instrument\n\n (4) The Minister must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person persistently failed to comply with his or her obligations in relation to a participation payment.\n\n (5) In deciding whether a person persistently failed to comply with his or her obligations in relation to a participation payment, the Secretary must take the matters determined under subsection (4) into account.\n\n (6) To avoid doubt, subsection (5) does not limit the matters that the Secretary may take into account in deciding whether the person failed to comply with his or her obligations.\n\n42N  Serious failure for refusing or failing to accept an offer of paid work\n\n (1) The Secretary may determine that a person commits a serious failure if:\n\n (b) the person refuses or fails to accept an offer of paid work in Australia, except particular paid work that is unsuitable to be done by the person.\n\nNote 1: A participation payment is not payable for 8 weeks for a serious failure (see section 42P).\n\nNote 2: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.\n\n (2) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if:\n\nNote: The Secretary must take certain matters into account for the purposes of paragraph (a) and may be prohibited from taking other matters into account for those purposes (see section 42U).\n\n (3) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if:\n\n (b) the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.\n\n42NA  Comprehensive compliance assessment\n\n (1) Before the Secretary determines that a person has committed a serious failure under section 42M, the Secretary must conduct a comprehensive compliance assessment in relation to the person.\n\n (2) The comprehensive compliance assessment must assess the following:\n\n (a) the reasons why the person may have committed failures under this Division;\n\n (b) the reasons why the person may have failed to meet other requirements under the social security law;\n\n (c) whether the person has any barriers to employment;\n\n (d) whether the person’s participation requirements are appropriate.\n\n42NC  Determination about serious failure requirements and severe financial hardship\n\n  If the Secretary determines that a person commits a serious failure, the Secretary must also determine that this section applies unless the Secretary is satisfied that:\n\n (a) the person does not have the capacity to undertake any serious failure requirement; and\n\n (b) serving the serious failure period would cause the person to be in severe financial hardship.\n\n","sortOrder":125},{"sectionNumber":"42P","sectionType":"section","heading":"Consequences of serious failure","content":"42P  Consequences of serious failure\n\nParticipation payment not payable during serious failure period\n\n (1) If the Secretary determines that a person commits a serious failure and has determined that section 42NC applies, a participation payment is not payable to the person during the person’s serious failure period.\n\nNote 1: The Secretary may end a serious failure period under section 42Q or determine that a participation payment is payable, despite this section, under section 42R.\n\nNote 2: The Secretary may continue the participation payment pending the outcome of an application for review (see sections 131 and 145 of the Administration Act).\n\n (2) The person’s serious failure period is the period:\n\n (a) beginning on the first day of the first instalment period that begins after the day the Secretary makes the determination; and\n\n (b) ending:\n\n (i) if the Secretary ends the person’s serious failure period under section 42Q—on the day mentioned in that section; or\n\n (ii) otherwise—8 weeks after the period begins.\n\nSerious failure requirements\n\n (3) If the Secretary determines that a person commits a serious failure, then the Secretary may require the person to comply with a requirement (the serious failure requirement).\n\nNote: A person who complies with a serious failure requirement may have his or her serious failure period end under section 42Q. A person who fails to comply with a serious failure requirement may commit a no show no pay failure under section 42C.\n\n","sortOrder":126},{"sectionNumber":"42Q","sectionType":"section","heading":"Ending serious failure periods","content":"42Q  Ending serious failure periods\n\n (1) The Secretary may end a person’s serious failure period if:\n\n (a) the person begins to comply with a serious failure requirement imposed on the person; or\n\n (b) the Secretary determines that:\n\n (i) the person does not have the capacity to undertake any serious failure requirement; and\n\n (ii) serving the serious failure period would cause the person to be in severe financial hardship.\n\nNote: For in severe financial hardship see subsection 14A(7) of the 1991 Act.\n\n (1A) The Secretary may make a determination under paragraph (1)(b) on request or on his or her own initiative.\n\n (2) The person’s serious failure period ends on:\n\n (a) if paragraph (1)(a) applies—the day before the person begins to comply with the requirement; or\n\n (b) if the Secretary makes a determination under paragraph (1)(b) on request—the day before the request was made; or\n\n (c) if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative—the day before the Secretary makes the determination.\n\n (3) Section 42NC does not affect the operation of this section.\n\n","sortOrder":127},{"sectionNumber":"42R","sectionType":"section","heading":"Determining that participation payments payable","content":"42R  Determining that participation payments payable\n\n (1) The Secretary may determine that, despite a person’s serious failure period, a participation payment is payable to the person during the period mentioned in subsection (2) if the person informs the Secretary that the person intends to comply with a serious failure requirement imposed on the person.\n\n (2) The participation payment is payable during the period that:\n\n (a) begins on the day that the person informs the Secretary; and\n\n (b) ends on:\n\n (i) the day before the person begins to comply with the serious failure requirement; or\n\n (ii) if the person does not begin to comply with the serious failure requirement on the day the person is required to begin—the day before that day.\n\n (3) If a period ends under subparagraph (2)(b)(ii), the period (the payability period) mentioned in subsection (2) does not count towards the 8 weeks of the person’s serious failure period.\n\nSubdivision E—Unemployment resulting from a voluntary act or misconduct\n\n42S  Unemployment resulting from a voluntary act or misconduct\n\n (1) A participation payment is not payable to a person for the period mentioned in subsection (3) if the Secretary determines that:\n\n (a) the person is unemployed as a result (whether direct or indirect) of a voluntary act of the person; or\n\n (b) the person is unemployed as a result of the person’s misconduct as an employee.\n\nNote: The Secretary may continue the participation payment pending the outcome of an application for review (see sections 131 and 145 of the Administration Act).\n\n (2) Despite paragraph (1)(a), the Secretary must not make a determination under that paragraph in relation to a person if:\n\n (a) the Secretary is satisfied that the voluntary act was reasonable; or\n\n (2A) Despite subsection (1), the Secretary must not make a determination under that subsection in relation to a person if:\n\n (b) the work in relation to which the person became unemployed was work of more than 15 hours per week.\n\nPeriod of non‑payment\n\n (3) The participation payment is not payable to the person for the period (the unemployment non‑payment period) of:\n\n (a) 8 weeks beginning on the initial day; or\n\n (b) 12 weeks beginning on the initial day if, during the 6 months ending on the day immediately before the person becomes unemployed, relocation assistance, in relation to the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.\n\nNote: The Secretary may end an unemployment non‑payment period under subsection (4).\n\n (3A) For the purposes of subsection (3), the initial day is:\n\n (a) the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct; or\n\n (b) the first day of the first instalment period that begins after the day the Secretary makes the determination if:\n\n (i) the Secretary considers that first day is more appropriate than the day mentioned in paragraph (a); and\n\n (ii) the person is receiving a participation payment at the time of the voluntary act or misconduct.\n\nEnding unemployment non‑payment periods\n\n (4) The Secretary may end a person’s unemployment non‑payment period if:\n\n (a) the Secretary determines that serving the unemployment non‑payment period would cause the person to be in severe financial hardship; and\n\n (b) the person is in a class of persons specified by legislative instrument under subsection (5).\n\nNote: For in severe financial hardship see subsection 14A(7) of the 1991 Act.\n\n (5) For the purposes of subsection (4), the Secretary may, by legislative instrument, specify a class of persons.\n\nSubdivision EA—Immediate non‑payment of participation payments for certain failures\n\n42SA  Immediate non‑payment of participation payments for certain failures\n\n (1) The Secretary may determine that a participation payment is not payable to a person if:\n\n (a) the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or\n\n (b) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; or\n\n (ba) the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); or\n\n (c) the person fails to comply with a reconnection requirement or a further reconnection requirement.\n\nNote: If paragraph (1)(a), (b) or (ba) applies, a reconnection requirement must be imposed for that failure (see section 42G).\n\n (1A) Despite subsection (1), the Secretary must not make a determination under that subsection that a participation payment is not payable to a person if the person is someone to whom section 42SB applies.\n\n (2) The participation payment is not payable to the person for the period beginning on the day the person first commits the failure and ending at the end of:\n\n (a) for a failure referred to in paragraph (1)(a), (b) or (ba):\n\n (i) if the person complies with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure—the day before the day on which the person so complies; or\n\n (ii) if the person fails to comply with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure—the day before the day on which the person first commits the failure to comply with that reconnection requirement; or\n\n (aa) for a failure referred to in paragraph (1)(c)—the day before the day on which the person complies with a reconnection requirement or further reconnection requirement; or\n\n (b) if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a) or (aa)—that earlier day.\n\n (2AA) If:\n\n (a) a participation payment is not payable to a person for a period (the non‑payability period) under subsection (2) because of the person’s failure to attend an appointment with the person’s employment provider; and\n\n (b) on a day (the relevant day), the Secretary requires the person to attend a rescheduled appointment with the person’s employment provider; and\n\n (c) the rescheduled appointment is on a day that is more than 2 business days after the relevant day;\n\nthen, despite subsection (2), the non‑payability period is taken to end under that subsection at the end of the relevant day.\n\nNote 1: The requirement to attend the rescheduled appointment will be a reconnection requirement or further reconnection requirement.\n\nNote 2: For business day, see section 2B of the Acts Interpretation Act 1901.\n\n (2A) If:\n\n (a) a participation payment is not payable to a person for a period under subsection (2); and\n\n (b) the participation payment is payable to the person for any days occurring before that period begins;\n\nthen, despite any other provision of the social security law, the Secretary may withhold payment of the participation payment to the person for those days until that period ends.\n\n (3) If a period ends under subsection (2) in relation to a person, then, subject to the social security law, the participation payment becomes payable to the person for that period.\n\nNote: For a failure referred to in paragraph (1)(b) or (ba), a penalty amount may be deducted from the person’s participation payment: see Subdivision EC.\n\n (4) The Secretary must notify the person of a determination under subsection (1). The Secretary may do so in any way that the Secretary considers appropriate.\n\nSubdivision EB—Failures by certain recipients of parenting payments\n\n42SB  Suspension of payments for certain failures\n\n (1) This section applies in relation to a person who:\n\n (a) is receiving a participation payment that is a parenting payment; and\n\n (b) is someone to whom paragraph 500(1)(ca) of the 1991 Act applies.\n\n (2) The Secretary may determine that the parenting payment is not payable to the person if:\n\n (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4); or\n\n (b) the person fails to comply with a requirement under section 40A to enter into an employment pathway plan; or\n\n (c) the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or\n\n (d) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.\n\n (3) The parenting payment is not payable to the person for the period beginning on the day the person first commits the failure and ending at the end of:\n\n (a) the day before the day on which the person notifies the Secretary that the person intends to comply with the requirement; or\n\n (b) if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a)—that earlier day.\n\n (4) If a period ends under subsection (3) in relation to the person, then, subject to the social security law, the parenting payment becomes payable to the person for that period.\n\nSubdivision EC—Non‑attendance failures\n\n42SC  Non‑attendance failures\n\n (1) The Secretary may determine that a person commits a non‑attendance failure if the Secretary makes a determination under subsection 42SA(1) because of the person’s failure referred to in paragraph 42SA(1)(b) or (ba).\n\n (2) Despite subsection (1), the Secretary must not determine that a person commits a non‑attendance failure if the person satisfies the Secretary that the person has a reasonable excuse for the person’s failure referred to in paragraph 42SA(1)(b) or (ba).\n\nNote: The Secretary must take certain matters into account for the purposes of subsection (2) and may be prohibited from taking other matters into account for those purposes (see section 42U). See also section 42UA (about prior notification of excuses).\n\n (3) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the non‑attendance failure is to be deducted from the person’s instalment of a participation payment.\n\n42SD  Deduction of penalty amount\n\n  If the Secretary determines that a person commits a non‑attendance failure, the person’s penalty amount (see section 42T) for the non‑attendance failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42SC(3).\n\nNote: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).\n\nSubdivision F—General provisions\n\n42T  Legislative instrument determining method for working out penalty amount\n\n (1) The Minister must, by legislative instrument, determine a method for working out a person’s penalty amount for a no show no pay failure, a reconnection failure or a non‑attendance failure.\n\n (2) The method determined for a no show no pay failure that a person commits on a day must not provide for a penalty amount for the person that is more than the following:\n\n![Start formula 1.4 times start fraction Amount of the person's instalment of participation payment for the instalment period in which the day occurs over Number of days in the person's instalment period end fraction end formula](image.002.png)\n\n (3) The method determined for a reconnection failure that a person commits must not provide for a penalty amount in respect of a day in the reconnection failure period that is more than the following:\n\n![Start formula 1.4 times start fraction Amount of the person's instalment of participation payment for the instalment period in which the day occurs over Number of days in the person's instalment period end fraction end formula](image.003.png)\n\n (3A) The method determined for a non‑attendance failure that a person commits must not provide for a penalty amount, in respect of a day in the non‑attendance failure penalty period, that is more than the following:\n\n![Start formula 1.4 times start fraction Amount of the person's instalment of participation payment that would, apart from subsection 42SA(2), be payable to the person for the instalment period in which the day occurs over Number of days in the person's instalment period end fraction end formula](image.004.png)\n\nNote: Any amount withheld under subsection 42SA(2A) for days in the instalment period remains an amount payable to the person for the instalment period.\n\n (3B) For the purposes of subsection (3A), the non‑attendance failure penalty period is the period:\n\n (a) beginning on the day the person is notified by the Secretary of the determination under subsection 42SA(1); and\n\n (b) ending on the day the period under subsection 42SA(2) ends.\n\n (4) In addition, the method determined for a no show no pay failure or a reconnection failure must relate to:\n\n (a) for a person’s no show no pay failure—the amount of the participation payment paid to the person on the day on which the person commits the no show no pay failure; or\n\n (b) for a person’s reconnection failure—the amount of the participation payment paid to the person during the reconnection failure period.\n\n (5) The method determined by the Minister for working out a person’s penalty amount must not affect any rent assistance, pharmaceutical allowance or youth disability supplement payable to the person.\n\n (6) The method determined may provide for a penalty amount that is nil.\n\n (7) The legislative instrument may also deal with the amount of a penalty amount to be deducted from an instalment of a participation payment.\n\n42U  Legislative instruments relating to reasonable excuse\n\nMatters to be taken into account\n\n (1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing:\n\n (a) a no show no pay failure (see paragraph 42C(4)(a)); or\n\n (b) a connection failure (see paragraph 42E(4)(a)); or\n\n (c) a reconnection failure (see paragraph 42H(3)(a)); or\n\n (d) a serious failure (see paragraph 42N(2)(a)); or\n\n (e) a non‑attendance failure (see subsection 42SC(2)).\n\n (2) To avoid doubt, a determination under subsection (1) does not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse.\n\nMatters not to be taken into account\n\n (3) The Secretary may, by legislative instrument, determine matters that the Secretary must not take into account in deciding whether a person has a reasonable excuse for committing:\n\n (a) a no show no pay failure (see paragraph 42C(4)(a)); or\n\n (b) a connection failure (see paragraph 42E(4)(a)); or\n\n (c) a reconnection failure (see paragraph 42H(3)(a)); or\n\n (d) a serious failure (see paragraph 42N(2)(a)); or\n\n (e) a non‑attendance failure (see subsection 42SC(2)).\n\n42UA  Prior notification of excuse\n\n (1) This section applies in relation to the following failures of a person:\n\n (a) a failure to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;\n\n (b) a failure to comply with a serious failure requirement imposed on the person, where the requirement was to undertake an activity on a day or to attend an appointment, or contact a person, at a particular time;\n\n (c) a failure to comply with a requirement notified to the person under subsection 63(2), where the requirement was to attend an office of the Department, to contact the Department or to attend a particular place for a particular purpose;\n\n (d) a failure to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;\n\n (e) a failure to comply with a reconnection requirement or a further reconnection requirement, where the requirement was to undertake an activity on a day or to attend an appointment, or contact a person, at a particular time.\n\n (2) For the purposes of subparagraph 42C(4)(a)(ii), paragraph 42E(4)(a) or 42H(3)(a) or subsection 42SC(2), in deciding whether the person has a reasonable excuse for the failure, the following table has effect:\n\n \n\n- Prior notification of excuse\n- For this failure: An excuse cannot be a reasonable excuse unless:\n- 1 A failure referred to in paragraph (1)(a) or (d) (a) before the start of the activity on the day concerned or before the time of the appointment, the person notified the excuse to the person or body specified in the employment pathway plan as the person or body to whom prior notice should be given if the person is unable to undertake the activity or attend the appointment; or(b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification\n- 2 A failure referred to in paragraph (1)(b) or (e) (a) before the start of the activity on the day concerned or before the time of the appointment or contact, the person notified the excuse to the person or body notified by the Secretary as the person or body to whom prior notice should be given if the person is unable to undertake the activity, attend the appointment or make the contact; or(b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification\n- 3 A failure referred to in paragraph (1)(c) (a) before the end of the time specified under subsection 63(2), the person notified the excuse to the person or body notified by the Secretary as the person or body to whom prior notice should be given if the person is unable to attend the office, contact the Department or attend the place; or(b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification\n\nNote: Despite subsection (2), the Secretary may decide for other reasons that the excuse is not a reasonable excuse.\n\n","sortOrder":128},{"sectionNumber":"42V","sectionType":"section","heading":"Deduction from any participation payment","content":"42V  Deduction from any participation payment\n\n  The balance of a person’s penalty amount for a no show no pay failure, a reconnection failure or a non‑attendance failure that is not reduced to nil under section 42D, 42L or 42SD is to be deducted from:\n\n (a) the instalments of the participation payment referred to in that section for any later instalment periods (until the balance is reduced to nil); and\n\n (b) if the balance is not reduced to nil under paragraph (a)—the instalments of any other participation payment paid to the person (until the balance is reduced to nil).\n\n","sortOrder":129},{"sectionNumber":"42W","sectionType":"section","heading":"Penalty amount not a debt","content":"42W  Penalty amount not a debt\n\n  To avoid doubt, a penalty amount is not a debt owed to the Commonwealth under Part 5.2 of the 1991 Act.\n\n","sortOrder":130},{"sectionNumber":"42X","sectionType":"section","heading":"Payability","content":"42X  Payability\n\n  A participation payment remains payable even if it is reduced to nil as a result of deducting a penalty amount, or the balance of a penalty amount, for a no show no pay failure, a reconnection failure or a non‑attendance failure.\n\n","sortOrder":131},{"sectionNumber":"42Y","sectionType":"section","heading":"Day of determination","content":"42Y  Day of determination\n\n  For the purposes of paragraph 42M(1)(a), 42P(2)(a), 42Q(2)(c) or 42S(3A)(b), the day the Secretary makes the determination is the day the Secretary originally makes the determination (even if another decision in relation to the determination is later made on review).\n\n42YA  Relationship between Subdivisions of this Division\n\n  No Subdivision of this Division limits any other Subdivision of this Division.\n\n","sortOrder":132},{"sectionNumber":"42Z","sectionType":"section","heading":"Relationship with section 80","content":"42Z  Relationship with section 80\n\n  Nothing in this Division affects the power of the Secretary to cancel or suspend a participation payment under section 80 of this Act.\n\nDivision 4—Payment of social security payment\n\n","sortOrder":133},{"sectionNumber":"43","sectionType":"section","heading":"Payment by instalments","content":"43  Payment by instalments\n\nPayment in arrears in relation to periods\n\n (1) A social security periodic payment is to be paid:\n\n (a) in arrears; and\n\n (b) by instalments relating to such periods (not exceeding 14 days) as the Secretary determines.\n\nTiming of payments of instalments\n\n (2) Subject to sections 52 and 53, instalments of a social security periodic payment are to be paid at such times as the Secretary determines.\n\nTotal instalment relating to a period\n\n (3) Subject to subsection (4), the amount that is to be paid to a person as an instalment of a social security periodic payment in relation to a period is the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day) payable to the person for days in that period on which the social security periodic payment was payable to the person.\n\nWeekly payments of a social security periodic payment\n\n (3A) The Secretary may determine that a person is to be paid the total amount of the social security periodic payment relating to an instalment period of 14 days determined under subsection (1) in 2 payments (the part payments) if the person is a member of a class specified under subsection (3B).\n\n (3B) The Minister may by legislative instrument specify a class of persons for the purposes of subsection (3A).\n\n (3C) The first of the part payments:\n\n (a) is not to exceed the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day, subject to subsections (4) and (5A)) payable to the person for days that:\n\n (i) are days on which the social security periodic payment was payable to the person; and\n\n (ii) are included in the first 7 days of the instalment period; and\n\n (b) is to be paid at a time determined by the Secretary that is after the first 7 days of the instalment period.\n\n (3D) The other of the part payments:\n\n (a) is the excess of the amount that is to be paid to a person as the instalment of the social security periodic payment in relation to the instalment period (see subsection (3)) over the first of the part payments; and\n\n (b) is to be paid at a time determined by the Secretary that is after the end of the instalment period.\n\n (3E) If the person is, or is to be, paid the total amount of the social security periodic payment relating to the instalment period in part payments, then it is taken for the purposes of the social security law that:\n\n (a) a single instalment of the social security periodic payment is, or is to be, paid in relation to the period; and\n\n (b) that instalment is, or is to be, paid when the last of the part payments is, or is to be, made; and\n\n (c) that instalment is equal to the total of the part payments.\n\nNote: The total of the part payments equals the amount worked out under subsection (3) (as affected by subsection (4), if relevant) as the amount to be paid to the person as the instalment of the social security periodic payment in relation to the instalment period.\n\n (3F) However, the following provisions of this Act (about deductions from instalments) apply as if each of the part payments were a separate instalment:\n\n (a) section 61;\n\n (b) Division 5 of Part 3B;\n\n (c) subsection 238(2).\n\nMinimum daily rate\n\n (a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security payment:\n\n (i) an amount of pharmaceutical allowance;\n\n (ii) a pension supplement amount; and\n\n (aa) the social security payment:\n\n (i) is not a social security pension; or\n\n (ii) is a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; or\n\n (iii) if the person has not reached pension age on the day—is a pension PP (single); and\n\n (b) if an added amount is a pension supplement amount used by the Rate Calculator to produce an annual rate—the total of the added amounts is more than the person’s pension supplement basic amount; and\n\n (c) there is no election by the person under subsection 1061VA(1) of the 1991 Act in force on that day; and\n\n (d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount;\n\nthe amount of that portion of the instalment is to be increased to the person’s minimum daily rate.\n\n (5) In subsection (4):\n\nminimum daily rate, for a person, means:\n\n (a) if an amount of pharmaceutical allowance is an added amount:\n\n (i) if the Rate Calculator for the social security payment produces a fortnightly rate—1/14 of that amount; or\n\n (ii) if the Rate Calculator for the social security payment produces an annual rate—1/364 of that amount; or\n\n (b) if a pension supplement amount is the only added amount—1/364 of the person’s minimum pension supplement amount.\n\n (5AA) If:\n\n (a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security pension:\n\n (i) a pension supplement amount;\n\n (ii) energy supplement; and\n\n (aa) the social security pension:\n\n (i) is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and\n\n (ii) if the person has not reached pension age on the day—is not a pension PP (single); and\n\n (b) if one of the added amounts is a pension supplement amount used by the Rate Calculator to produce an annual rate—the pension supplement amount is more than the person’s pension supplement basic amount; and\n\n (c) there is no election by the person under subsection 915A(1) or 1061VA(1) of the 1991 Act in force on that day; and\n\n (d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount;\n\nthe amount of that portion of the instalment is to be increased to the person’s minimum daily rate.\n\n (5AB) For the purposes of subsection (5AA), a person’s minimum daily rate is 1/364 of the total of:\n\n (a) the person’s minimum pension supplement amount, if a pension supplement amount is an added amount; and\n\n (b) the person’s energy supplement, if energy supplement is an added amount.\n\nNo reduction of portion of quarterly pension supplement relating to a day\n\n (5A) If:\n\n (a) an election by the person under subsection 1061VA(1) of the 1991 Act is in force on a particular day; and\n\n (b) apart from this subsection, the portion of the instalment of the person’s quarterly pension supplement that corresponds to that day would be reduced under subsection 1210(3) of the 1991 Act, but not reduced to a nil amount;\n\nthe amount of that portion of the instalment is not to be reduced under subsection 1210(3) of the 1991 Act.\n\nNo reduction of portion of quarterly energy supplement relating to a day\n\n (5B) If:\n\n (a) quarterly energy supplement is payable to a person for a particular day; and\n\n (b) the social security payment to which the quarterly energy supplement relates:\n\n (i) is a social security pension; and\n\n (ii) is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and\n\n (iii) if the person has not reached pension age on the day—is not a pension PP (single); and\n\n (c) apart from this subsection, the portion of the instalment of the person’s quarterly energy supplement that corresponds to that day would be reduced under subsection 1210(3A) of the 1991 Act; and\n\n (d) the reduction of the main rate mentioned in subparagraph 1210(3A)(b)(ii) would not be to a nil amount;\n\nthe amount of that portion of the instalment is not to be reduced under subsection 1210(3A) of the 1991 Act.\n\nInstalment periods\n\n (6) Each of the periods determined by the Secretary under subsection (1) is an instalment period in relation to the social security periodic payment.\n\n","sortOrder":134},{"sectionNumber":"44","sectionType":"section","heading":"Payment of instalments to person or nominee","content":"44  Payment of instalments to person or nominee\n\n (1) Subject to section 45, instalments of a person’s social security periodic payment are to be paid to that person.\n\n (2) If, by virtue of a determination under subsection 46(2), a person’s special employment advance is to be paid by instalments, the instalments are to be paid to that person.\n\n (3) This section has effect subject to Part 3A.\n\n","sortOrder":135},{"sectionNumber":"45","sectionType":"section","heading":"Payment of youth allowance—person under 18 and not independent","content":"45  Payment of youth allowance—person under 18 and not independent\n\n (1) Subject to subsection (2), instalments of youth allowance of a person who is under 18 years of age and is not independent are to be paid on behalf of the person:\n\n (a) if the person has only one living parent—to that parent; or\n\n (b) if the person has more than one living parent—to the parent nominated in writing by the person to the Secretary.\n\n (2) The Secretary may direct that the whole or a part of the instalments of youth allowance of a person referred to in subsection (1) is to be paid to the person.\n\n (3) If the Secretary gives a direction under subsection (2), the instalments are to be paid in accordance with the direction.\n\n (4) This section has effect subject to Part 3A.\n\n","sortOrder":136},{"sectionNumber":"46","sectionType":"section","heading":"Payment of special employment advance","content":"46  Payment of special employment advance\n\n (1) Unless the Secretary makes a determination under subsection (2), a person’s special employment advance is to be paid in accordance with section 47.\n\n (2) If the Secretary considers that it is appropriate for a person’s special employment advance to be paid by instalments, the Secretary may determine that the person’s special employment advance is to be so paid.\n\n","sortOrder":137},{"sectionNumber":"46A","sectionType":"section","heading":"Payment of AGDRP","content":"46A  Payment of AGDRP\n\n (1) Unless the Secretary makes a determination under subsection (2), a person’s AGDRP is to be paid in accordance with section 47.\n\n (2) If the Secretary considers that it is appropriate for a person’s AGDRP to be paid by instalments, the Secretary may determine that the person’s AGDRP is to be so paid.\n\n","sortOrder":138},{"sectionNumber":"46B","sectionType":"section","heading":"Payment of AVTOP","content":"46B  Payment of AVTOP\n\n (1) Unless the Secretary makes a determination under subsection (2), a person’s AVTOP is to be paid:\n\n (a) in accordance with section 47; and\n\n (b) on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the person.\n\n (2) If the Secretary considers that it is appropriate for a person’s AVTOP to be paid by instalments, the Secretary may determine that the person’s AVTOP is to be so paid.\n\n","sortOrder":139},{"sectionNumber":"47","sectionType":"section","heading":"Payment of lump sum benefits","content":"47  Payment of lump sum benefits\n\n (1) In this section:\n\nlump sum benefit means:\n\n (a) an advance payment under section 864A, Part 2.22 or section 1134A of the 1991 Act; or\n\n (aa) AGDRP, except where the Secretary has made a determination under subsection 46A(2); or\n\n (aaa) AVTOP, except where the Secretary has made a determination under subsection 46B(2); or\n\n (ab) child disability assistance; or\n\n (b) crisis payment; or\n\n (bb) relocation scholarship payment; or\n\n (d) education entry payment; or\n\n (f) fares allowance; or\n\n (g) one‑off payment to the aged; or\n\n (gd) carer supplement; or\n\n (ge) one‑off energy assistance payment under Part 2.6 of the 1991 Act; or\n\n (gf) one‑off energy assistance payment under Part 2.6A of the 1991 Act; or\n\n (gg) first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or\n\n (gh) second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or\n\n (gi) additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or\n\n (gj) additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or\n\n (gk) 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act; or\n\n (h) one‑off payment to carers (carer allowance related); or\n\n (ha) one‑off payment to carers (carer payment related); or\n\n (hb) 2005 one‑off payment to carers (carer payment related); or\n\n (hc) 2005 one‑off payment to carers (carer service pension related); or\n\n (hd) 2005 one‑off payment to carers (carer allowance related); or\n\n (he) 2006 one‑off payment to carers (carer payment related); or\n\n (hf) 2006 one‑off payment to carers (wife pension related); or\n\n (hg) 2006 one‑off payment to carers (partner service pension related); or\n\n (hh) 2006 one‑off payment to carers (carer service pension related); or\n\n (hi) 2006 one‑off payment to carers (carer allowance related); or\n\n (hj) 2007 one‑off payment to carers (carer payment related); or\n\n (hk) 2007 one‑off payment to carers (wife pension related); or\n\n (hl) 2007 one‑off payment to carers (partner service pension related); or\n\n (hm) 2007 one‑off payment to carers (carer service pension related); or\n\n (hn) 2007 one‑off payment to carers (carer allowance related); or\n\n (ho) 2008 one‑off payment to carers (carer payment related); or\n\n (hp) 2008 one‑off payment to carers (wife pension related); or\n\n (hq) 2008 one‑off payment to carers (partner service pension related); or\n\n (hr) 2008 one‑off payment to carers (carer service pension related); or\n\n (hs) 2008 one‑off payment to carers (carer allowance related); or\n\n (ht) economic security strategy payment; or\n\n (hu) training and learning bonus; or\n\n (hv) activity supplement; or\n\n (hw) farm financial assessment supplement; or\n\n (hx) FHA supplement; or\n\n (hy) relief payment; or\n\n (i) pension bonus; or\n\n (ia) pension bonus bereavement payment; or\n\n (j) special employment advance, except where the Secretary has made a determination under subsection 46(2); or\n\n (k) clean energy advance; or\n\n (l) essential medical equipment payment.\n\n (2) If a claim for crisis payment is granted because of subsection 37(7), the Secretary may pay an amount equal to the amount of the crisis payment to the claimant before the claimant is released from gaol or psychiatric confinement if the Secretary thinks it is necessary to do so in order to ensure that the claimant, on release, will not suffer severe financial hardship.\n\n (3) If an amount is paid to a person under subsection (2), the amount is taken, after the person’s release from gaol or psychiatric confinement, to be a payment of crisis payment made in relation to the claim referred to in subsection (2).\n\n (4) Subject to subsections 47C(3) and (4), section 47DA and Part 3A, a person’s lump sum benefit is to be paid to the person.\n\n","sortOrder":140},{"sectionNumber":"47A","sectionType":"section","heading":"Payment of one‑off payment to the aged","content":"47A  Payment of one‑off payment to the aged\n\n  One‑off payment to the aged is to be paid to a person on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the person.\n\n47AB  Payment of carer supplement\n\n  If an individual is qualified for carer supplement for a year, the Secretary must pay the supplement to the individual:\n\n (a) on the date or dates that the Secretary considers to be the earliest date or dates on which it is reasonably practicable for the payment to be made; and\n\n47AC  Payment of one‑off energy assistance payment\n\n  If a person is qualified for a one‑off energy assistance payment under Part 2.6 of the 1991 Act, the Secretary must pay the payment to the person in a single lump sum:\n\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n47AD  Payment of 2019 one‑off energy assistance payment\n\n  If a person is qualified for a one‑off energy assistance payment under Part 2.6A of the 1991 Act, the Secretary must pay the payment to the person in a single lump sum:\n\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n47AE  Payment of first 2020 economic support payment\n\n (1) If a person is qualified for a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n (2) The Secretary must not pay the payment on or after 1 July 2022.\n\n47AF  Payment of second 2020 economic support payment\n\n (1) If a person is qualified for a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n (a) on the date, occurring on or after 10 July 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n47AG  Payment of additional economic support payment 2020\n\n (1) If a person is qualified for an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n (a) on the date, occurring on or after 27 November 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n47AH  Payment of additional economic support payment 2021\n\n (1) If a person is qualified for an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n (a) on the date, occurring on or after 26 February 2021, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n47AI  Payment of 2022 cost of living payment\n\n (1) If a person is qualified for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n (a) on the date, occurring on or after 29 March 2022, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n47B  Payment of one‑off payments to carers\n\n (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n (2) The payments are the following:\n\n (a) one‑off payment to carers (carer allowance related);\n\n (b) one‑off payment to carers (carer payment related);\n\n (c) 2005 one‑off payment to carers (carer payment related);\n\n (d) 2005 one‑off payment to carers (carer service pension related);\n\n (e) 2005 one‑off payment to carers (carer allowance related);\n\n (f) 2006 one‑off payment to carers (carer payment related);\n\n (g) 2006 one‑off payment to carers (wife pension related);\n\n (h) 2006 one‑off payment to carers (partner service pension related);\n\n (i) 2006 one‑off payment to carers (carer service pension related);\n\n (j) 2006 one‑off payment to carers (carer allowance related);\n\n (k) 2007 one‑off payment to carers (carer payment related);\n\n (l) 2007 one‑off payment to carers (wife pension related);\n\n (m) 2007 one‑off payment to carers (partner service pension related);\n\n (n) 2007 one‑off payment to carers (carer service pension related);\n\n (o) 2007 one‑off payment to carers (carer allowance related);\n\n (p) 2008 one‑off payment to carers (carer payment related);\n\n (q) 2008 one‑off payment to carers (wife pension related);\n\n (r) 2008 one‑off payment to carers (partner service pension related);\n\n (s) 2008 one‑off payment to carers (carer service pension related);\n\n (t) 2008 one‑off payment to carers (carer allowance related).\n\n47C  Payment of economic security strategy payments and training and learning bonuses\n\n (1) If an individual is qualified for an economic security strategy payment, the Secretary must pay the payment to the individual in a single lump sum:\n\n (a) on 8 December 2008, or on such later date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n (2) If an individual is qualified for a training and learning bonus, the Secretary must pay the bonus in a single lump sum:\n\n (a) to the individual; and\n\n (b) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n (c) in such manner as the Secretary considers appropriate.\n\n (3) Despite paragraph (2)(a) of this section, if:\n\n (a) the individual is qualified for a training and learning bonus under paragraph 910(2)(a) of the 1991 Act because the individual was receiving youth allowance in respect of 3 February 2009; and\n\n (b) the whole or a part of the individual’s instalment of youth allowance in respect of a period that included that day was paid to a parent of the individual under section 45 of this Act;\n\nthe Secretary may pay the whole, or the same proportion, of the individual’s training and learning bonus to that parent or to any other person.\n\n (4) Despite paragraph (2)(a) of this section, if:\n\n (a) the individual is qualified for a training and learning bonus:\n\n (i) under paragraph 910(2)(e) of the 1991 Act because the individual was receiving a payment under the ABSTUDY Scheme in respect of 3 February 2009; or\n\n (ii) under paragraph 910(2)(f) or (g) of the 1991 Act because the individual was receiving an education allowance referred to in that paragraph in respect of that day; and\n\n (b) the whole or a part of the individual’s instalment of the payment or allowance in respect of a period that included that day was paid to a person (the recipient) other than the individual;\n\nthe Secretary may pay the whole, or the same proportion, of the individual’s training and learning bonus to the recipient or to any other person.\n\n47CA  Payment of activity supplement or farm financial assessment supplement\n\n  The following payments are to be paid to a person on the date the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made to the person:\n\n (a) activity supplement;\n\n (b) farm financial assessment supplement.\n\n47CB  Payment of FHA supplement or relief payment\n\n  If a person is qualified for FHA supplement for a qualifying period (within the meaning of the Farm Household Support Act 2014), or relief payment, the Secretary must pay the supplement or payment to the person:\n\n (a) on the day the Secretary determines; and\n\n47D  Payment of clean energy advance\n\n (1) If an individual is qualified for a clean energy advance, the Secretary must pay the advance to the individual in a single lump sum:\n\n (a) on the day that the Secretary considers to be the earliest day on which it is reasonably practicable for the advance to be made; and\n\nNote: This section applies to a qualification under Subdivision A or C of Division 1 of Part 2.18A of the 1991 Act.\n\n (2) However, the Secretary must not pay the advance if the Secretary is aware that the individual has died.\n\n47DAA  Payment of essential medical equipment payment\n\n  If an individual is qualified for an essential medical equipment payment, the Secretary must pay the payment to the individual in a single lump sum in such manner as the Secretary considers appropriate.\n\n47DA  Relocation scholarship payments\n\n  If:\n\n (a) a person is qualified for a relocation scholarship payment on a particular day because the person is receiving youth allowance; and\n\n (b) the whole or a part of the person’s instalment of youth allowance in respect of a period that included that day is paid to a parent of the person under section 45 of this Act;\n\nthe Secretary may pay the whole, or the same proportion, of the person’s scholarship payment to that parent or to any other person.\n\n47DB  Student start‑up loans\n\n (1) If a person is qualified for a student start‑up loan for a qualification period:\n\n (a) the loan becomes payable to the person on the day the Secretary determines the person’s claim for the loan; and\n\n (b) the Secretary must pay the amount of the loan to the person as soon as reasonably practicable after that day.\n\n (2) Despite subsection (1), if:\n\n (a) a person is qualified for a student start‑up loan for a qualification period because the person is receiving youth allowance; and\n\n (b) the whole or a part of the person’s instalment of youth allowance is paid to a parent of the person, under section 45 of this Act, in respect of a period that includes the day the Secretary determines the person’s claim for the loan;\n\nthe Secretary may pay the whole, or the same proportion, of the person’s loan to that parent or to any other person.\n\n","sortOrder":141},{"sectionNumber":"48","sectionType":"section","heading":"Payment of telephone allowance","content":"48  Payment of telephone allowance\n\n (1) Telephone allowance is to be paid by instalments.\n\n (2) An instalment of telephone allowance is to be paid to a person on each telephone allowance payday on which telephone allowance is payable to the person.\n\n (3) The amount of an instalment of telephone allowance is worked out by dividing the amount of the annual rate of telephone allowance by 4.\n\ntelephone allowance payday means the first day on which an instalment of a social security periodic payment would normally be paid to the person on or after any of the following:\n\n (a) 1 January;\n\n (b) 20 March;\n\n (c) 1 July;\n\n (d) 20 September.\n\n","sortOrder":142},{"sectionNumber":"48A","sectionType":"section","heading":"Payment of utilities allowance","content":"48A  Payment of utilities allowance\n\n (1) Utilities allowance is to be paid by instalments.\n\n (2) If utilities allowance is payable to a person in relation to a utilities allowance test day, then an instalment of the allowance is to be paid to the person on the person’s first payday on or after that test day.\n\n (3) The amount of an instalment of utilities allowance is worked out by dividing the amount of the annual rate of utilities allowance by 4.\n\nutilities allowance test day means:\n\n (a) 20 March; and\n\n (b) 20 June; and\n\n (c) 20 September; and\n\n (d) 20 December.\n\n","sortOrder":143},{"sectionNumber":"48B","sectionType":"section","heading":"Payment of energy supplement","content":"48B  Payment of energy supplement\n\n (1) Energy supplement under Part 2.25B of the 1991 Act is to be paid by instalments.\n\n (2) An instalment of energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.\n\n (3) The amount of the instalment is worked out by:\n\n (a) working out the amount of the person’s energy supplement for each day in the instalment period; and\n\n (b) adding up the amounts resulting from paragraph (a).\n\n (a) in relation to each day of which energy supplement is payable to the person; and\n\nNote: For when energy supplement is payable to the person, see section 1061UA of the 1991 Act.\n\n","sortOrder":144},{"sectionNumber":"48C","sectionType":"section","heading":"Payment of quarterly pension supplement","content":"48C  Payment of quarterly pension supplement\n\n (1) Quarterly pension supplement is to be paid by instalments.\n\n (2) An instalment of quarterly pension supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.\n\n (3) The amount of the instalment is worked out by multiplying the person’s daily rate of quarterly pension supplement by the number of days in the instalment period.\n\n (a) in relation to each day of which quarterly pension supplement is payable to the person; and\n\nNote: For when quarterly pension supplement is payable to the person, see section 1061VA of the 1991 Act.\n\n","sortOrder":145},{"sectionNumber":"48D","sectionType":"section","heading":"Payment of quarterly energy supplement","content":"48D  Payment of quarterly energy supplement\n\n (1) Quarterly energy supplement is to be paid by instalments.\n\n (2) An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.\n\nNote: For when quarterly energy supplement is payable to the person, see section 915 of the 1991 Act.\n\n (3) The amount of the instalment is worked out by:\n\n (a) working out the amount of the person’s quarterly energy supplement for each day in the instalment period; and\n\n (b) adding up the amounts resulting from paragraph (a).\n\n (a) for each day of which quarterly energy supplement is payable to the person; and\n\nNote: For when quarterly energy supplement is payable to the person, see section 915 of the 1991 Act.\n\n","sortOrder":146},{"sectionNumber":"49","sectionType":"section","heading":"Timing of payment of fares allowance","content":"49  Timing of payment of fares allowance\n\n (1) Subject to subsection (2), fares allowance for a journey by a person is to be paid as a reimbursement after the journey is made.\n\n (2) If the journey has not been made, the fares allowance for the journey is to be paid before the journey is made.\n\n","sortOrder":147},{"sectionNumber":"50","sectionType":"section","heading":"To whom fares allowance is to be paid","content":"50  To whom fares allowance is to be paid\n\n (1) Subject to subsection (4), if the person is or was receiving youth allowance at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the youth allowance are or were being paid under section 44 or 45.\n\n (2) Subject to subsection (4), if the person is or was receiving austudy payment at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the austudy payment are or were being paid under section 44.\n\n (3) Subject to subsection (4), if the person is or was receiving pensioner education supplement at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the pensioner education supplement are or were being paid under section 44.\n\n (4) If the fares allowance is to be paid as referred to in subsection 49(2), it is to be paid, on behalf of the person, to the commercial operator who provides the person’s means of travel.\n\n (5) This section has effect subject to section 58.\n\n","sortOrder":148},{"sectionNumber":"50A","sectionType":"section","heading":"Payment of child disability assistance","content":"50A  Payment of child disability assistance\n\n  If an individual is qualified for child disability assistance in respect of a particular 1 July, the Secretary must pay the assistance to the individual in a single lump sum:\n\n (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n","sortOrder":149},{"sectionNumber":"51","sectionType":"section","heading":"Advance in case of severe financial hardship","content":"51  Advance in case of severe financial hardship\n\n (a) the Secretary determines:\n\n (i) that a claim by a person who is in Australia for a social security benefit or pension is to be granted; or\n\n (ii) that a social security benefit or pension is payable to a person under section 85; and\n\n (b) the Secretary is satisfied that, if the person is required to wait until the end of:\n\n (i) the first instalment period in relation to the benefit or pension; or\n\n (ii) the first instalment period in relation to the benefit or pension after the resumption of payment of the benefit or pension;\n\n  for payment of an instalment, the person will suffer severe financial hardship;\n\nthe Secretary may determine that a specified amount is to be paid to the person in advance.\n\n (a) a claim for a social security pension or benefit is granted because of subsection 37(7); and\n\n (b) the Secretary makes a determination under subsection (1);\n\nthe amount payable by virtue of that determination may be paid before the claimant is released from gaol or psychiatric confinement if the Secretary thinks it is necessary to do so in order to ensure that the claimant, on release, will not suffer severe financial hardship.\n\n (3) The operation of subsection (2) is not affected by section 1158, 1162 or 1162A of the 1991 Act.\n\n (4) The amount paid under a determination under subsection (1) is not to exceed the amount that, in the opinion of the Secretary, would be the total of the amounts payable to the person for the first 14 days on which the benefit or pension is payable to the person.\n\n (5) An amount paid to a person under subsection (1) is taken to be an advance payment of the instalment or instalments, or of that part of the instalment or instalments, that relate to the days referred to in subsection (4).\n\n","sortOrder":150},{"sectionNumber":"52","sectionType":"section","heading":"Payment of certain amounts outside Australia","content":"52  Payment of certain amounts outside Australia\n\n (1) This section applies to the following social security payments:\n\n (a) age pension;\n\n (c) carer payment;\n\n (d) disability support pension;\n\n (g) pension PP (single) to which clause 105A of Schedule 1A to the 1991 Act applies;\n\n (h) pensioner education supplement;\n\n (k) special benefit.\n\n (2) If a person who is receiving a social security payment to which this section applies is outside Australia, instalments of the payment are to be paid to the person at such times as the Secretary determines for the purposes of this section.\n\n","sortOrder":151},{"sectionNumber":"53","sectionType":"section","heading":"Payment of instalments where pension received under other legislation","content":"53  Payment of instalments where pension received under other legislation\n\n (a) an age pension or a disability support pension is payable to a person; and\n\n (b) the person is receiving a veteran’s disability pension; and\n\n (c) the Secretary has made a determination, for the purposes of this subsection, that instalments of age pension or disability support pension, as the case may be, are to be paid to the person on the days on which instalments of the veteran’s disability pension are paid to the person; and\n\n (d) the determination has not been revoked;\n\ninstalments of age pension or disability support pension are to be paid to the person in accordance with the determination.\n\n (a) an age pension or a disability support pension is payable to a person; and\n\n (b) the person’s partner is receiving:\n\n (i) an age pension and a veteran’s disability pension; or\n\n (ii) a disability support pension and a veteran’s disability pension; and\n\n (c) the Secretary has made a determination, for the purposes of this subsection, that instalments of age pension or disability support pension, as the case may be, are to be paid to the person on the days on which instalments of the veteran’s disability pension are paid to the person’s partner; and\n\n (d) the determination has not been revoked;\n\ninstalments of age pension or disability support pension are to be paid to the person in accordance with the determination.\n\n","sortOrder":152},{"sectionNumber":"54","sectionType":"section","heading":"Rounding off instalments of social security payments","content":"54  Rounding off instalments of social security payments\n\n (1) In this section:\n\ninstalment means an instalment of a social security payment.\n\nNote: Subsection 43(3E) affects what is an instalment of a social security periodic payment if the Secretary has determined under subsection 43(3A) that a person is to be paid the total amount of a social security periodic payment relating to an instalment period in 2 payments.\n\n (2) If the amount of an instalment would be:\n\n (a) one or more whole dollars and a part of a cent; or\n\n (b) one or more whole dollars and cents and a part of a cent;\n\nthe amount is to be increased or decreased to the nearest whole cent.\n\n (3) If the amount of an instalment would be:\n\n (a) one or more whole dollars and 0.5 cent; or\n\n (b) one or more whole dollars and cents and 0.5 cent;\n\nthe amount is to be increased by 0.5 cent.\n\n (4) If, apart from this subsection, the amount of an instalment would be less than $1.00, the amount is to be increased to $1.00.\n\n","sortOrder":153},{"sectionNumber":"55","sectionType":"section","heading":"Payment into bank account etc.","content":"55  Payment into bank account etc.\n\n (1) Subject to Part 3A, an amount (the relevant amount) that is to be paid to a person under section 44, 45, 47, 47DA, 47DB, 48, 48A, 48B, 48C, 48D or 50 is to be paid in the manner set out in this section.\n\n (2) Subject to subsections (4) and (4A), the relevant amount is to be paid to the credit of a bank account nominated and maintained by the person.\n\n (3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.\n\n (4) The Secretary may direct that the whole or a part of the relevant amount be paid to the person in a different way from that provided for by subsection (2). If the Secretary gives a direction, the relevant amount is to be paid in accordance with the direction.\n\n (4A) Fares allowance is to be paid to a person as follows:\n\n (a) fares allowance is to be paid to the credit of the bank account to the credit of which payments of youth allowance, austudy payment or pensioner education supplement payable to the person are or were made;\n\n (b) if, because of a direction under subsection (4), youth allowance, austudy payment or pensioner education supplement is not paid to the credit of a bank account, fares allowance is to be paid in the same way as the youth allowance, austudy payment or pensioner education supplement, as the case may be.\n\n (5) If, at the end of the period of 28 days starting on the day on which the Secretary requested the person to nominate an account for the purposes of subsection (2) (the 28 day period):\n\n (a) the person has not nominated an account for the purposes of subsection (2); and\n\n (b) the Secretary has not given, or has revoked, a direction under subsection (4) in relation to the payment of the relevant amount to the person;\n\nthe relevant amount ceases to be payable to the person.\n\n (6) If the person nominates an account for the purposes of subsection (2) after the end of the 28 day period, the relevant amount again becomes payable to the person and is so payable:\n\n (a) if the nomination is made within 13 weeks after the end of the 28 day period—on and from the first day after the end of that period; or\n\n (b) if the nomination is not so made—on and from the day on which the nomination is made.\n\n (7) Subsection (6) does not apply at a time when, because of the operation of another provision of the social security law, the relevant amount is not payable to the person.\n\n","sortOrder":154},{"sectionNumber":"56","sectionType":"section","heading":"Youth allowance—failure to nominate parent","content":"56  Youth allowance—failure to nominate parent\n\n (a) the person is under 18 years of age and is not independent; and\n\n (b) youth allowance has become payable to the person; and\n\n (c) the person has more than one living parent; and\n\n (d) at the end of the period of 28 days starting on the day on which youth allowance became payable to the person:\n\n (i) the person has not nominated a parent for the purposes of subsection 45(1); and\n\n (ii) the Secretary has not given a direction under subsection 45(2) in relation to payment of instalments of the person’s youth allowance.\n\n (2) Youth allowance is not payable to a person while this section applies to the person.\n\n (3) If a person to whom this section applies nominates a parent for the purposes of subsection 45(1), this section ceases to apply to the person.\n\n","sortOrder":155},{"sectionNumber":"57","sectionType":"section","heading":"Change of particular payday","content":"57  Change of particular payday\n\n  If the Secretary is satisfied that an amount that would, apart from this section, be paid on a particular day cannot reasonably be paid on that day, the Secretary may direct that the amount be paid on an earlier day.\n\n","sortOrder":156},{"sectionNumber":"58","sectionType":"section","heading":"Payment of social security payment after death","content":"58  Payment of social security payment after death\n\n (a) an amount representing a social security payment (other than pension bonus, pension bonus bereavement payment or a student start‑up loan) is payable to a person; and\n\n (c) another person applies to receive the amount; and\n\n (d) the application is made:\n\n (i) within 26 weeks after the death; or\n\n (ii) within such further period as is allowed by the Secretary in the special circumstances of the case;\n\nthe Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.\n\n (2) If the Secretary pays an amount of a social security payment under subsection (1), the Commonwealth has no further liability to any person in respect of that amount.\n\n","sortOrder":157},{"sectionNumber":"59","sectionType":"section","heading":"Payment of pension bonus or pension bonus bereavement payment after death","content":"59  Payment of pension bonus or pension bonus bereavement payment after death\n\n (1) This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned.\n\n (1A) If:\n\n (a) a person claims a pension bonus; and\n\n (c) at the time of the person’s death, the person had received the bonus; and\n\n (d) after the person’s death, the Secretary determines that the person’s bonus is to be increased under section 93K or 93L;\n\nthe increase is payable to the legal personal representative of the person.\n\n (a) a person claims a pension bonus or a pension bonus bereavement payment; and\n\n (c) at the time of the person’s death, the claim had been granted, but the person had not received the bonus or payment;\n\nthe bonus or payment is payable to the legal personal representative of the person.\n\n (a) a person claims a pension bonus or a pension bonus bereavement payment; and\n\n (c) at the time of the person’s death, the claim had not been determined;\n\n (d) the Secretary must determine the claim after the person’s death as if the person had not died; and\n\n (e) if the claim is granted—the bonus or payment is payable to the legal personal representative of the person.\n\n (a) under paragraph (3)(d), the Secretary is required to determine a claim for pension bonus after a person’s death; and\n\n (b) at the time of the person’s death, the person’s claim for age pension had not been determined;\n\nthen, for the purposes of the determination of the claim for pension bonus, the following provisions have effect:\n\n (c) the requirements of paragraph 92C(a) of the 1991 Act are taken to be satisfied if:\n\n (i) the person would have started to receive an age pension if he or she had not died; and\n\n (ii) that age pension would have been received otherwise than because of a scheduled international social security agreement;\n\n (d) Division 6 of Part 2.2A of the 1991 Act has effect as if:\n\n (i) a reference in that Division to a particular rate were a reference to the rate that would have been applicable to the person if the person had not died; and\n\n (ii) a reference in that Division to the date of grant of the age pension were a reference to the date on which the age pension would have been granted if the person had not died;\n\n (e) this Act has effect as if subsections 17(2) and 34(2) were omitted.\n\n (4A) If a pension bonus is payable to the legal personal representative of a person under subsection (2) or (3), any increase in that bonus determined by the Secretary under section 93K or 93L is also payable to that legal personal representative.\n\n (5) If a pension bonus or pension bonus bereavement payment is paid under subsection (2) or (3), the Commonwealth has no further liability to any person in respect of that bonus or payment.\n\nDivision 5—Protection of social security payments\n\n","sortOrder":158},{"sectionNumber":"60","sectionType":"section","heading":"Protection of social security payment","content":"60  Protection of social security payment\n\n (1) A social security payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.\n\n (2) This section has effect subject to:\n\n (a) sections 61 and 238 of this Act; and\n\n (aaa) Part 3AA of this Act; and\n\n (aa) Part 3B of this Act; and\n\n (b) sections 1231 and 1234A of the 1991 Act.\n\n","sortOrder":159},{"sectionNumber":"61","sectionType":"section","heading":"Deduction at request of recipient—payments to Commissioner of Taxation","content":"61  Deduction at request of recipient—payments to Commissioner of Taxation\n\n (1) This section applies if a person asks the Secretary:\n\n (a) to make deductions from instalments of a social security payment payable to the person; and\n\n (b) to pay the amounts deducted to the Commissioner of Taxation.\n\n (2) The Secretary may make the deductions requested by the person, and if the Secretary does so, the Secretary must pay the amounts deducted to the Commissioner of Taxation.\n\n","sortOrder":160},{"sectionNumber":"61A","sectionType":"section","heading":"Deduction at request of recipient—other payments","content":"61A  Deduction at request of recipient—other payments\n\n (1) This section applies if a person asks the Secretary:\n\n (a) to make deductions from instalments of a social security payment payable to the person; and\n\n (b) to pay the amounts deducted to a business or organisation nominated by the person.\n\n (2) The Secretary may make the deductions requested by the person, and if the Secretary does so, the Secretary must pay the amounts deducted to the business or organisation nominated by the person.\n\n","sortOrder":161},{"sectionNumber":"62","sectionType":"section","heading":"Effect of garnishee or attachment order","content":"62  Effect of garnishee or attachment order\n\n (a) a person has an account with a financial institution; and\n\n (b) either or both of the following subparagraphs apply:\n\n (i) instalments of a social security payment payable to the person (whether on the person’s own behalf or not) are being paid to the credit of the account;\n\n (ii) an advance payment of a social security payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account; and\n\n (c) a court order in the nature of a garnishee order comes into force in respect of the account;\n\nthe court order does not apply to the saved amount (if any) in the account.\n\n (2) The saved amount is worked out as follows:\n\nStep 1. Work out the total amount payable to the person in respect of the social security payment that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.\n\nStep 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.\n\n (3) This section applies to an account whether it is maintained by a person:\n\n (a) alone; or\n\n (b) jointly with another person; or\n\n (c) in common with another person.\n\nDivision 6—Requirement to provide information, undergo medical examination etc.\n\n","sortOrder":162},{"sectionNumber":"63","sectionType":"section","heading":"Requirement to attend Department etc.","content":"63  Requirement to attend Department etc.\n\nSecretary may require person to attend Department etc.\n\n (1) Subsection (2) applies to a person if:\n\n (a) the person is receiving, or has made a claim for, a social security payment; or\n\n (b) the person is the holder of, or has made a claim for, a concession card; or\n\n (c) the Department is contacted by or on behalf of the person in relation to a claim for:\n\n (i) if the person is not undertaking full‑time study and is not a new apprentice—youth allowance; or\n\n (ii) in any case—jobseeker payment;\n\n  to be paid to the person.\n\n (2) If the Secretary is of the opinion that a person to whom this subsection applies should:\n\n (a) attend an office of the Department; or\n\n (b) contact the Department; or\n\n (c) attend a particular place for a particular purpose; or\n\n (d) give information to the Secretary;\n\nthe Secretary may notify the person that he or she is required, within a specified time, to do that act or thing. However, the Secretary may not, under this subsection, notify a person that he or she is required to do an act or thing referred to in paragraph (4)(a) or (b).\n\nSecretary may require person to provide proof of life certificate etc.\n\n (2AA) Subsections (2AB) and (2AC) apply to a person if:\n\n (a) the person has reached 80 years of age; and\n\n (b) the person is receiving any of the following social security payments:\n\n (i) age pension;\n\n (ii) carer payment;\n\n (iii) disability support pension; and\n\n (c) the person was continuously absent from Australia throughout the previous 2 years.\n\n (2AB) The Secretary may notify a person to whom this subsection applies that:\n\n (a) the person is required, within the 13‑week period beginning when the notice is given, to give the Secretary a proof of life certificate that:\n\n (i) relates to the person; and\n\n (ii) was completed within that 13‑week period; and\n\n (b) the requirement does not apply if the person enters Australia within that 13‑week period.\n\n (2AC) If this subsection applies to a person, the Secretary must notify the person under subsection (2AB) at least once every 2 years.\n\nSecretary may require person to undergo medical examination etc.\n\n (3) Subsection (4) applies to a person if:\n\n (a) the person is receiving, or has claimed, any of the following social security payments:\n\n (i) disability support pension;\n\n (ii) parenting payment;\n\n (iii) youth allowance;\n\n (iv) jobseeker payment;\n\n (vi) special benefit;\n\n (vii) mobility allowance; or\n\n (b) the Department is contacted by or on behalf of the person in relation to a claim for youth allowance or jobseeker payment to be paid to the person.\n\n (4) If the Secretary is of the opinion that a person to whom this subsection applies should:\n\n (a) complete a questionnaire; or\n\n (b) undergo a medical, psychiatric or psychological examination (whether or not at a particular place), and provide to the Secretary the report, in the approved form, of the person who conducts the examination;\n\nthe Secretary may notify the person that he or she is required, within a specified time, to do that act or thing.\n\nMethod for giving notice\n\n (5) The Secretary may notify a person under subsection (2), (2AB) or (4):\n\n (a) by sending the notice by prepaid post addressed to the person at his or her postal address last known to the Secretary; or\n\n (b) in any other way the Secretary considers appropriate.\n\nValidity of notice not affected in certain circumstances\n\n (6) A failure to specify the particular purpose in a notice given to a person for the purposes of paragraph (2)(c) does not affect the validity of the notice.\n\nConsequence of not informing person of effect of failure to comply with requirement in notice\n\n (7) If a person is notified under subsection (2), (2AB) or (4) and the notice does not inform the person of the effect of section 64, subsection 64(1) or (5) (as the case requires) does not apply to the person in relation to the requirement in the notice.\n\n","sortOrder":163},{"sectionNumber":"63A","sectionType":"section","heading":"Proof of life certificate","content":"63A  Proof of life certificate\n\n (1) For the purposes of this Act, a proof of life certificate that relates to a person is a certificate that:\n\n (a) is expressed to relate to the person; and\n\n (b) complies with the requirements of subsections (2), (3), (4), (5) and (6); and\n\n (c) is in a form approved by the Secretary; and\n\n (d) contains such other information (if any) as required by the approved form.\n\n (2) A proof of life certificate that relates to a person must include a statement to the effect that the person is alive.\n\n (3) The statement mentioned in subsection (2) must be:\n\n (a) signed and dated by the person; or\n\n (b) if:\n\n (i) the approved form allows another person to sign the statement on behalf of the person if one or more specified requirements are met; and\n\n (ii) those requirements are met;\n\n  signed and dated by the other person.\n\n (4) A proof of life certificate that relates to a person must include a statement by an authorised certifier to the effect that:\n\n (a) the authorised certifier has sighted the person while in the physical presence of the person; and\n\n (b) the authorised certifier has verified the identity of the person using the method, or one of the methods, set out in the approved form; and\n\n (c) the authorised certifier is satisfied that the person is alive.\n\n (5) The statement mentioned in subsection (4) must be signed and dated by the authorised certifier.\n\n (6) Both:\n\n (a) the statement mentioned in subsection (2); and\n\n (b) the statement mentioned in subsection (4);\n\nmust be signed and dated within a 7‑day period.\n\nCompliance with form\n\n (7) Section 25C of the Acts Interpretation Act 1901 does not apply to a proof of life certificate.\n\nAuthorised certifier\n\n (8) For the purposes of this section, an authorised certifier is a person included in a class of persons specified in a determination under subsection (9).\n\n (9) The Secretary may, by legislative instrument, determine one or more classes of persons for the purposes of subsection (8).\n\n (10) To avoid doubt, it is immaterial whether any or all of the persons included in such a class are in or outside Australia.\n\n","sortOrder":164},{"sectionNumber":"64","sectionType":"section","heading":"Effect of failing to comply with requirement to attend Department etc.","content":"64  Effect of failing to comply with requirement to attend Department etc.\n\nPerson receiving, or claiming, social security payment\n\n (a) a person is receiving, or has made a claim for, a social security payment; and\n\n (b) the Secretary notifies the person under subsection 63(2), (2AB) or (4); and\n\n (c) the requirement in the notice is reasonable; and\n\n (d) the person does not comply with the requirement; and\n\n (e) except if the person is receiving, or has made a claim for, a participation payment—the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and\n\n (f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;\n\nthe payment that the person is receiving or has claimed is not payable.\n\n (1A) Subsection (1) does not apply if:\n\n (b) the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); and\n\n (c) the Secretary makes a determination under section 42AF or subsection 42SA(1) in relation to the person and the failure.\n\n (2) Subsection (1) does not apply if:\n\n (a) the person is receiving, or has made a claim for, youth allowance; and\n\n (b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute a youth allowance participation failure.\n\nNote: If a recipient of, or claimant for, youth allowance does not comply with a requirement notified under subsection 63(2) or (4), this may result in the payment not being payable to the person: see sections 550B and 551 of the 1991 Act.\n\n (3) Subsection (1) does not apply if:\n\n (a) the person is receiving, or has made a claim for, an austudy payment; and\n\n (b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute an austudy participation failure.\n\nNote: If a recipient of, or claimant for, an austudy payment does not comply with a requirement notified under subsection 63(2), this may result in the payment not being payable to the person: see sections 576A and 577 of the 1991 Act.\n\n (a) a social security payment is not payable to a person because of subsection (1); and\n\n (b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2), (2AB) or (4);\n\nthe Secretary may determine that, on and after a day specified by the Secretary, subsection (1) ceases to apply to the person in relation to that requirement.\n\nPerson holding, or claiming, concession card\n\n (a) a person is the holder of, or has made a claim for, a concession card; and\n\n (b) the Secretary notifies the person under subsection 63(2); and\n\n (c) the requirement in the notice is reasonable; and\n\n (d) the person does not comply with the requirement; and\n\n (e) the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and\n\n (f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;\n\nthe person ceases to be, or is not, qualified for the concession card.\n\n (a) a person has ceased to be, or is not, qualified for a concession card because of subsection (5); and\n\n (b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2);\n\nthe Secretary may determine that, on and after a day specified by the Secretary, subsection (5) ceases to apply to the person in relation to that requirement.\n\n","sortOrder":165},{"sectionNumber":"66","sectionType":"section","heading":"Notice to obtain foreign payment","content":"66  Notice to obtain foreign payment\n\n (1) This section applies to the following social security payments:\n\n (a) age pension;\n\n (c) carer payment:\n\n (d) disability support pension;\n\n (e) parenting payment;\n\n (f) special needs age pension;\n\n (g) special needs disability support pension;\n\n (i) special needs wife pension;\n\n (m) farm household allowance in relation to a person who has reached pension age.\n\n (a) a person claims, or is receiving, a social security payment to which this section applies; and\n\n (b) the Secretary is satisfied that the person may be entitled to a comparable foreign payment from a foreign country if the person applied for the payment;\n\nthe Secretary may give the person a notice that requires the person to take reasonable action to obtain the payment at the highest rate applicable to the person.\n\n (a) a person claims, or is receiving, a social security payment to which this section applies; and\n\n (b) the Secretary is satisfied that the person’s partner may be entitled to a comparable foreign payment from a foreign country if the partner applied for the payment;\n\nthe Secretary may give the person a notice that requires the partner to take reasonable action to obtain the payment at the highest rate applicable to the partner.\n\n (4) A notice under subsection (2) or (3):\n\n (a) must be given in writing; and\n\n (b) may be given personally or by post or in any manner approved by the Secretary; and\n\n (c) must specify the period within which the reasonable action is to be taken.\n\n (5) The period specified under paragraph (4)(c) must not end earlier than 14 days after the day on which the notice is given.\n\nSubdivision B—Requirement to give information about change of circumstances etc.\n\n","sortOrder":166},{"sectionNumber":"66A","sectionType":"section","heading":"General requirement to inform of a change of circumstances etc.","content":"66A  General requirement to inform of a change of circumstances etc.\n\nPerson who has made a claim\n\n (a) a person has made a claim for:\n\n (i) a social security payment; or\n\n (ii) a concession card; and\n\n (b) the claim has been granted or has not been determined; and\n\n (c) an event or change of circumstances occurs that might affect the payment of that social security payment or the person’s qualification for the concession card;\n\nthe person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.\n\nPerson receiving a social security payment or holding a concession card\n\n (i) a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid to a person; or\n\n (ii) a person holds a concession card; and\n\n (b) an event or change of circumstances occurs that might affect the payment of that social security payment or the person’s qualification for the concession card;\n\nthe person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.\n\nPerson who has received a social security payment or held a concession card\n\n (i) a person is not receiving a social security payment but a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) has at any time been paid to the person; or\n\n (ii) a person does not hold a concession card but has at any time held such a card; and\n\n (b) an event or change of circumstances occurs that might have affected the payment of that social security payment or the person’s qualification for the concession card;\n\nthe person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.\n\nInteraction with notices under this Subdivision\n\n (a) a person is subject to a requirement under subsection (1), (2) or (3) in relation to an event or change of circumstances; and\n\n (b) the person is given, or purportedly given, a notice under this Subdivision in relation to the same event or change of circumstances; and\n\n (c) the person complies with the notice to the extent that it relates to that event or change;\n\nthe person is taken to have also complied with that requirement within the period referred to in that subsection.\n\n (5) Subsection (4) does not apply if the notice is given after the end of the period referred to in subsection (1), (2) or (3).\n\n (6) This section does not limit the power of the Secretary to give a person a notice under this Subdivision.\n\n","sortOrder":167},{"sectionNumber":"67","sectionType":"section","heading":"Person who has made a claim","content":"67  Person who has made a claim\n\n (1) Subsection (2) applies to a person if:\n\n (a) the person has made a claim for a social security payment; and\n\n (i) the claim has been granted; or\n\n (ii) the claim has not been determined.\n\n (2) The Secretary may give a person to whom this subsection applies a notice in writing that requires the person to do any or all of the following:\n\n (b) give the Department a statement about a matter that might affect the payment to the person of the social security payment;\n\n (c) give the Department a statement about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n (3) Subsection (4) applies to a person if:\n\n (a) the person has made a claim for a concession card; and\n\n (i) the claim has been granted; or\n\n (ii) the claim has not been determined.\n\n (4) The Secretary may give a person to whom this subsection applies a notice in writing that requires the person to do either or both of the following:\n\n (b) give the Department a statement about a matter that might affect the person’s qualification for the concession card.\n\n (5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might:\n\n (a) affect the payment of the social security payment or the person’s qualification for the concession card, as the case requires; or\n\n (b) affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n","sortOrder":168},{"sectionNumber":"68","sectionType":"section","heading":"Person receiving social security payment or holding concession card","content":"68  Person receiving social security payment or holding concession card\n\n (1) Subsection (2) applies to a person to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid.\n\n (2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do any or all of the following:\n\n (b) give the Department one or more statements about a matter that might affect the payment to the person of the social security payment;\n\n (c) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n (3) Subsection (4) applies to a person who is the holder of a concession card.\n\n (4) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:\n\n (b) give the Department a statement about a matter that might affect the person’s qualification for the concession card.\n\n (5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might:\n\n (a) affect the payment of the social security payment or the person’s qualification for the concession card, as the case requires; or\n\n (b) affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n","sortOrder":169},{"sectionNumber":"69","sectionType":"section","heading":"Person who has received a social security payment or who has held a concession card","content":"69  Person who has received a social security payment or who has held a concession card\n\n (1) Subsection (2) applies to a person who is not receiving a social security payment but to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) has at any time been paid.\n\n (2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:\n\n (a) inform the Department whether a specified event or change of circumstances has occurred;\n\n (b) give the Department a statement about a matter that might have affected the payment to the person of the social security payment.\n\n (3) Subsection (4) applies to a person who is not the holder of a concession card but has at any time held such a card.\n\n (4) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:\n\n (a) inform the Department whether a specified event or change of circumstances has occurred;\n\n (b) give the Department a statement about a matter that might have affected the person’s qualification for the concession card.\n\n (5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might have affected the payment of the social security payment or the person’s qualification for the concession card, as the case requires.\n\n (6) A person is not required to comply with a notice under this section if the notice requires the person to give information or a statement about an event or change of circumstances that occurred, or a matter that arose, more than 13 weeks before the giving of the notice.\n\n","sortOrder":170},{"sectionNumber":"70","sectionType":"section","heading":"Care receiver in respect of whom carer payment being made","content":"70  Care receiver in respect of whom carer payment being made\n\n (1) If a person is being paid a carer payment because he or she is providing constant care (or, if section 197F of the 1991 Act applies to the person, care) for a care receiver (other than one to whom subsection 198(7) of the 1991 Act applies) or care receivers, the Secretary may give a notice to:\n\n (a) any care receiver who is 16 or more; or\n\n (b) a parent of any care receiver who is under 16;\n\nthat requires the care receiver or parent, as the case may be, to inform the Department if:\n\n (c) a specified event or change of circumstances occurs; or\n\n (d) he or she becomes aware that a specified event or change of circumstances is likely to occur.\n\n (2) The notice may describe the event or change of circumstances specified in the notice as a notifiable event for the purposes of section 198C of the 1991 Act.\n\n70AA  Person who is subject to the enhanced income management regime etc.\n\n (a) the person is subject to the enhanced income management regime (within the meaning of Part 3AA); or\n\n (b) the Secretary is satisfied that it is likely that the person will become subject to the enhanced income management regime (within the meaning of Part 3AA).\n\nRequirement\n\n (2) The Secretary may give the person a notice that requires the person to do either or both of the following:\n\n (b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3AA in relation to the person.\n\n (3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might affect the operation, or prospective operation, of Part 3AA in relation to the person.\n\n","sortOrder":171},{"sectionNumber":"70A","sectionType":"section","heading":"Person who is subject to the income management regime etc.","content":"70A  Person who is subject to the income management regime etc.\n\n (a) the person is subject to the income management regime (within the meaning of Part 3B); or\n\n (b) the Secretary is satisfied that it is likely that the person will become subject to the income management regime (within the meaning of Part 3B).\n\nRequirement\n\n (2) The Secretary may give the person a notice that requires the person to do either or both of the following:\n\n (b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n (3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n","sortOrder":172},{"sectionNumber":"72","sectionType":"section","heading":"Provisions relating to notice","content":"72  Provisions relating to notice\n\n (1) A notice under this Subdivision:\n\n (a) must be given in writing; and\n\n (b) may be given personally or by post or in any other manner approved by the Secretary; and\n\n (c) must specify how the person is to give the information or statement to the Department; and\n\n (d) must specify:\n\n (i) in the case of a notice under section 68 that requires the giving of more than one statement, each relating to the payment of the social security payment in respect of a period—the date by which the person is to give each statement to the Department; or\n\n (ii) in any other case—the period within which the person is to give the information or statement to the Department; and\n\n (e) must specify that the notice is an information notice given under the social security law.\n\n (2) A notice under this Subdivision is not invalid merely because it fails to comply with paragraph (1)(c) or (e).\n\n (2A) A date specified for the purposes of subparagraph (1)(d)(i) must be no earlier than 7 days after:\n\n (i) the day on which the notice under section 68 is given; or\n\n (ii) the day on which the period specified in the notice in relation to that first mentioned date begins;\n\nwhichever is the later.\n\n (3) Subject to subsections (4), (6) and (7), the period specified for the purpose of subparagraph (1)(d)(ii) must:\n\n (a) in the case of a notice under section 67, 68 or 69 that requires the giving of information about an event or change of circumstances consisting of the receipt by the person of a compensation payment—be the period of 7 days after the day on which the person becomes aware that he or she has received, or is to receive, a compensation payment; or\n\n (b) in the case of a notice under section 67, 68 or 69 that requires the giving of any other information, or a notice under section 70—be the period of 14 days after:\n\n (c) in the case of a notice under section 67 or 68 that requires the giving of a statement that relates to the payment of the social security payment in respect of a period specified in the notice—end not earlier than 7 days after the day on which the notice is given; or\n\n (d) in the case of a notice under section 67, 68 or 69 that requires the giving of a statement, not being a notice to which paragraph (c) applies—end not earlier than 14 days after the day on which the notice is given; or\n\n (da) in the case of a notice under section 70AA that requires the giving of information mentioned in paragraph 70AA(2)(a)—be the period of 14 days after:\n\n (db) in the case of a notice under section 70AA that requires the giving of a statement mentioned in paragraph 70AA(2)(b)—end not earlier than 14 days after the day on which the notice is given; or\n\n (e) in the case of a notice under section 70A that requires the giving of information mentioned in paragraph 70A(2)(a)—be the period of 14 days after:\n\n (f) in the case of a notice under section 70A that requires the giving of a statement mentioned in paragraph 70A(2)(b)—end not earlier than 14 days after the day on which the notice is given.\n\n (4) If the Secretary is satisfied that there are special circumstances related to a person who is to be given a notice under this Subdivision that requires the giving of information about an event or change of circumstances, the period to be specified for the purpose of subparagraph (1)(d)(ii) is such period as the Secretary directs in writing, being a period that ends not less than 15 days, and not more than 28 days, after:\n\n (a) in the case of a notice under section 67, 68, 70AA or 70A:\n\n (ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur; or\n\n (b) in the case of a notice under section 69—the day on which the notice is given.\n\n (6) If a notice under section 67, 68, 70AA or 70A specifies an event consisting of the death of a person, the period to be specified under subparagraph (1)(d)(ii) is a period of 28 days after the day on which the event occurs.\n\n (7) To the extent that a notice under section 67, 68, 70AA or 70A requires a person to inform the Department of any proposal by the person to leave Australia, subsection (3) does not apply to the notice.\n\n (8) For the purposes of any provision of this Act, other than section 74 or a provision of Part 6, a person is taken to have failed to comply with a notice under this Subdivision if, in response to the notice:\n\n (a) the person gives information or a statement; and\n\n (b) the information or statement is false or misleading; and\n\n (c) the person is reckless as to whether the information or statement is false or misleading.\n\n (9) Nothing in this section prevents the giving of more than one notice under this Subdivision to the same person in relation to:\n\n (a) a claim by the person for the same social security payment or concession card; or\n\n (b) the receipt by the person of the same social security payment; or\n\n (c) the holding by the person of the same concession card.\n\n","sortOrder":173},{"sectionNumber":"73","sectionType":"section","heading":"Application of provisions","content":"73  Application of provisions\n\n  Sections 66A to 72 extend to:\n\n (b) all persons irrespective of their nationality or citizenship.\n\n","sortOrder":174},{"sectionNumber":"74","sectionType":"section","heading":"Offence—failure to comply with notice","content":"74  Offence—failure to comply with notice\n\n (1) A person must not refuse or fail to comply with a notice under section 67, 68, 69, 70, 70AA or 70A.\n\nPenalty: Imprisonment for 6 months.\n\n (2) Subsection (1) applies only to the extent to which the person is capable of complying with the notice.\n\n (3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n (4) Subsection (1) is an offence of strict liability.\n\nSubdivision C—Provision of tax file numbers\n\n","sortOrder":175},{"sectionNumber":"75","sectionType":"section","heading":"Requesting tax file numbers","content":"75  Requesting tax file numbers\n\nPersons who may be requested to provide tax file numbers\n\n (1) The Secretary may make a request under subsection (2), (3) or (4) of a person (the request recipient) in Australia who:\n\n (a) is making, or has made, a claim for a social security payment; or\n\n (b) is receiving a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act); or\n\n (c) is making, or has made, a claim for a seniors health card, or a health care card that is income‑tested for the request recipient; or\n\n (d) is the holder of a seniors health card, or a health care card that is income‑tested for the request recipient.\n\nRequesting tax file number of request recipient\n\n (2) The Secretary may request, but not compel, the request recipient:\n\n (a) if the request recipient has a tax file number—to give the Secretary a written statement of the request recipient’s tax file number; or\n\n (b) if the request recipient does not have a tax file number:\n\n (i) to apply to the Commissioner of Taxation for a tax file number; and\n\n (ii) to give the Secretary a written statement of the request recipient’s tax file number after the Commissioner of Taxation has issued it.\n\nRequesting tax file number of request recipient’s partner\n\n (3) The Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of the request recipient’s partner if:\n\n (a) the request recipient is a member of a couple; and\n\n (b) the request recipient’s partner is in Australia.\n\nRequesting tax file number of other person whose income is relevant to request recipient’s rate of payment\n\n (a) the request recipient:\n\n (i) is making, or has made, a claim for a social security payment; or\n\n (ii) is receiving a social security payment; and\n\n (b) the income of one or more other persons who are in Australia is required to be taken into account for the purpose of working out the rate of the social security payment;\n\nthe Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of any one or more of those other persons.\n\n","sortOrder":176},{"sectionNumber":"76","sectionType":"section","heading":"How request for tax file number is satisfied","content":"76  How request for tax file number is satisfied\n\nSatisfying request for tax file number\n\n (1) If the Secretary requests a person (the request recipient) under section 75 to give the Secretary a written statement of the tax file number of a person (the relevant person), the request recipient satisfies the request by giving the Secretary, within the period mentioned in subsection (2) of this section (if applicable):\n\n (a) the written statement of the relevant person’s tax file number; or\n\n (b) both of the following:\n\n (i) a declaration that meets the requirements of subsection (3) and contains the statement required by subsection (4);\n\n (ii) a document in which the relevant person authorises the Commissioner of Taxation to tell the Secretary the matters mentioned in subsection (5).\n\nNote: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).\n\nPeriod within which request must be satisfied\n\n (2) Unless the request recipient was making a claim described in paragraph 75(1)(a) or (c) when the request under section 75 was made, the material mentioned in paragraph (1)(a) or (b) of this section must be given within 28 days after the making of the request.\n\nRequirements for declarations\n\n (3) A declaration mentioned in paragraph (1)(b) must be:\n\n (a) for a request under subsection 75(2)—a TFN declaration; or\n\n (b) for a request under subsection 75(3) or (4)—in accordance with a form approved by the Secretary.\n\n (4) A declaration mentioned in paragraph (1)(b) must contain:\n\n (a) a statement that the relevant person:\n\n (i) has a tax file number but does not know what it is; and\n\n (ii) has asked the Commissioner of Taxation to inform the relevant person of his or her tax file number; or\n\n (b) a statement that an application by the relevant person for a tax file number is pending.\n\nRequirements for authorisation documents\n\n (5) For the purposes of subparagraph (1)(b)(ii), the matters are as follows:\n\n (a) in a case where the declaration contains a statement mentioned in paragraph (4)(a):\n\n (i) whether the relevant person has a tax file number; and\n\n (ii) if the relevant person has a tax file number—that number; and\n\n (b) in a case where the declaration contains a statement mentioned in paragraph (4)(b):\n\n (i) if a tax file number is issued to the relevant person—that number; or\n\n (ii) if the application for a tax file number is refused or is withdrawn—that fact.\n\n","sortOrder":177},{"sectionNumber":"77","sectionType":"section","heading":"Consequences of not giving tax file number","content":"77  Consequences of not giving tax file number\n\nConsequences of not satisfying request for tax file number\n\n (1) If the Secretary makes a request of a person under section 75, the consequences set out in the following table apply unless the person satisfies the request in accordance with section 76.\n\nNote: The Secretary may exempt a person from the operation of this subsection (see subsection (4)).\n\n \n\n- Consequences of not satisfying request for tax file number\n- Item If the request under section 75 was given to … the consequence is …\n- 1 a person who was making a claim for a social security payment the social security payment is not payable\n- 2 a person who was making a claim for a seniors health card, or a health care card that is income‑tested for the person the Secretary must not determine the claim\n- 3 a person who had made a claim for, or was receiving, a social security payment at the end of 28 days after the Secretary made the request, the social security payment ceases to be payable to the person\n- 4 a person who had made a claim for, or was the holder of, a seniors health card, or a health care card that is income‑tested for the person at the end of 28 days after the Secretary made the request, the Secretary must determine that the card is to be cancelled\n\nConsequences of relevant person not having tax file number after giving declaration\n\n (2) The consequences set out in subsection (3) apply if:\n\n (a) the Secretary makes a request under section 75 of a person (the request recipient); and\n\n (b) the request recipient satisfies the request by giving:\n\n (i) a declaration mentioned in subparagraph 76(1)(b)(i) that contains a statement as required by subsection 76(4); and\n\n (ii) a document in which the Commissioner of Taxation is authorised to tell the Secretary certain matters mentioned in subsection 76(5); and\n\n (c) the Commissioner of Taxation tells the Secretary that the relevant person mentioned in paragraph 76(4)(a) (if applicable) does not have a tax file number or that any of the following apply in relation to the relevant person mentioned in paragraph 76(4)(b) (if applicable):\n\n (i) the relevant person has not applied for a tax file number;\n\n (ii) an application by the relevant person for a tax file number has been refused;\n\n (iii) the relevant person has withdrawn an application for a tax file number.\n\nNote 1: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).\n\nNote 2: The Secretary may exempt a person from the operation of this subsection and subsection (3) (see subsection (4)).\n\n (3) The consequences are that:\n\n (a) if the request recipient is receiving a social security payment—the social security payment ceases to be payable to the recipient; and\n\n (b) if the request recipient is the holder of a seniors health card, or a health care card that is income‑tested for the request recipient—the Secretary must determine that the card is to be cancelled.\n\nExemptions\n\n (4) The Secretary may exempt a person who has been given a request under section 75 from the operation of either or both the following:\n\n (a) subsection (1) of this section;\n\n (b) subsections (2) and (3) of this section.\n\n (5) Without limiting subsection (4), if the Secretary requests the request recipient under section 75 to give a written statement of another person’s tax file number, the Secretary may exempt the request recipient under subsection (4) if the Secretary is satisfied that:\n\n (a) the request recipient does not know the other person’s tax file number; and\n\n (b) the request recipient cannot satisfy the request in accordance with section 76.\n\nDivision 7—Various determinations\n\nSubdivision A—Provisions relating to social security payments\n\n","sortOrder":178},{"sectionNumber":"78A","sectionType":"section","heading":"When this Subdivision does not apply","content":"78A  When this Subdivision does not apply\n\n  This Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.\n\n","sortOrder":179},{"sectionNumber":"78","sectionType":"section","heading":"Rate increase determination","content":"78  Rate increase determination\n\n  If the Secretary is satisfied that the rate at which a social security payment is being, or has been, paid is less than the rate provided for by the social security law, the Secretary must:\n\n (a) determine that the rate is to be increased to the rate provided for by the social security law; and\n\n (b) specify the last‑mentioned rate in the determination.\n\n","sortOrder":180},{"sectionNumber":"79","sectionType":"section","heading":"Rate reduction determination","content":"79  Rate reduction determination\n\n (1) If the Secretary is satisfied that the rate at which a social security payment is being, or has been, paid is more than the rate provided for by the social security law, the Secretary is to:\n\n (a) determine that the rate is to be reduced to the rate provided for by the social security law; and\n\n (b) specify the last‑mentioned rate in the determination.\n\n (a) the rate at which a social security payment is payable to a person is reduced by the operation of another provision of the social security law; and\n\n (b) the determination would take effect at or after the time at which the reduction referred to in paragraph (a) would take effect.\n\n","sortOrder":181},{"sectionNumber":"80","sectionType":"section","heading":"Cancellation or suspension determination","content":"80  Cancellation or suspension determination\n\n (1) If the Secretary is satisfied that a social security payment is being, or has been, paid to a person:\n\n (a) who is not, or was not, qualified for the payment; or\n\n (b) to whom the payment is not, or was not, payable (other than because of the operation of Division 3AA);\n\nthe Secretary is to determine that the payment is to be cancelled or suspended.\n\nNote: Division 3AA is about compliance with participation payment obligations for persons who are not declared program participants.\n\n (a) the payment of a social security payment to a person has been cancelled or suspended by the operation of another provision of the social security law; and\n\n (b) the determination would take effect at or after the time at which the cancellation or suspension referred to in paragraph (a) would take effect.\n\n (3) However, subsection (1) authorises the Secretary to make a determination that:\n\n (a) cancels a social security payment that has been suspended under subsection 81(3); and\n\n (b) takes effect at or after the time the suspension took effect.\n\n (3A) Subsection (1) does not authorise the Secretary to make a determination that cancels the payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit to a declared program participant if:\n\n (a) paragraph (1)(a) does not apply to the declared program participant; and\n\n (b) paragraph (1)(b) applies only because of the application of a compliance penalty period.\n\n (4) A reference in this section to a social security payment being, or having been, paid includes a reference to:\n\n (a) if the social security payment is a youth allowance—the youth allowance being payable but for the operation of section 547AA; or\n\n (b) if the social security payment is a jobseeker payment—the jobseeker payment being payable but for the operation of section 615.\n\n","sortOrder":182},{"sectionNumber":"81","sectionType":"section","heading":"Cancellation or suspension for non‑compliance with certain notices","content":"81  Cancellation or suspension for non‑compliance with certain notices\n\n (a) a person who is receiving a social security payment (other than a jobseeker payment) has been given:\n\n (i) a notice under section 67 or 68 that requires the person to give the Department a statement; or\n\n (b) the partner has been given:\n\n (i) a notice under section 67 or 68 that requires the partner to give the Department a statement; or\n\n (c) the notice relates to matters that might also affect the payment of the person’s social security payment; and\n\n (d) the partner does not comply with the requirement of the notice;\n\nthe Secretary may determine that the person’s payment is to be cancelled or suspended.\n\n (a) a person who is receiving a social security payment has been given a notice under section 67 or 68 that requires the person to inform the Department of a proposal by the person to leave Australia; and\n\n (b) the person does not comply with the requirement; and\n\n (c) the person leaves Australia; and\n\n (d) the person’s portability period (see section 1217 of the 1991 Act) for the payment has not ended;\n\nthe Secretary may determine that the payment is to be cancelled or suspended.\n\nNote: Subsection (3) lets the Secretary make one determination suspending the payment and later make another determination cancelling the payment. See subsection 33(1) of the Acts Interpretation Act 1901.\n\n","sortOrder":183},{"sectionNumber":"81A","sectionType":"section","heading":"Rate reduction determination for non‑compliance with notice relating to rent assistance","content":"81A  Rate reduction determination for non‑compliance with notice relating to rent assistance\n\n (1) Without limiting section 81, if:\n\n (a) an amount of rent assistance is being added to a person’s maximum basic rate of social security payment; and\n\n (b) the person has been given:\n\n (i) a notice under section 67 or 68 that requires the person to give the Department a statement; or\n\n (c) any statement, information or document required by the notice relates to:\n\n (i) whether the person qualifies for rent assistance; or\n\n (ii) the amount of the person’s rent assistance; and\n\n (d) the person does not comply with the requirement of the notice;\n\nthe Secretary may determine that the person’s rate of social security payment is to be reduced by not adding the amount of rent assistance to the person’s maximum basic rate.\n\n (2) The determination must also specify the new rate of social security payment.\n\n (3) Subsection (1) does not authorise the Secretary to make a determination if:\n\n (a) another provision of the social security law provides that the rate at which the social security payment is payable to the person is to be reduced by not adding the amount of rent assistance to the person’s maximum basic rate; and\n\n (b) the determination would take effect at or after the time at which the reduction referred to in paragraph (a) would take effect.\n\n","sortOrder":184},{"sectionNumber":"82","sectionType":"section","heading":"Cancellation or suspension for failure to take action to obtain foreign payment","content":"82  Cancellation or suspension for failure to take action to obtain foreign payment\n\n (a) a person who is receiving a social security payment has been given a notice under subsection 66(2); and\n\n (b) the Secretary is satisfied that the person has not complied with the requirement of the notice;\n\n (a) a person who is receiving a social security payment has been given a notice under subsection 66(3); and\n\n (b) the Secretary is satisfied that the person’s partner has not complied with the requirement of the notice;\n\n","sortOrder":185},{"sectionNumber":"83","sectionType":"section","heading":"Changes to payments by computer","content":"83  Changes to payments by computer\n\n (a) payment of a social security payment is based upon data in a computer; and\n\n (b) the rate of the payment is increased or reduced, or the payment is cancelled or suspended, because of the operation of a computer program used under the control of the Secretary; and\n\n (c) the program causes the change for a reason for which the Secretary could make the change by determination;\n\nthe change is taken to have been made by the Secretary by determination for that reason.\n\n (2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the computer program caused the change to be made.\n\n","sortOrder":186},{"sectionNumber":"84","sectionType":"section","heading":"Automatic transfer by computer","content":"84  Automatic transfer by computer\n\n (a) payment of a social security payment to a person is based upon data in a computer; and\n\n (b) because of the operation of a computer program used under the control of the Secretary, a social security payment of a different kind becomes payable to the person;\n\nthe Secretary is taken to have made a determination:\n\n (c) that the payment referred to in paragraph (b) is to be payable to the person; and\n\n (d) that the payment referred to in paragraph (a) is to cease to be payable to the person immediately before the day on which the payment referred to in paragraph (b) is to become payable to the person.\n\n (2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the payment referred to in paragraph (1)(b) became payable because of the operation of the computer program.\n\n","sortOrder":187},{"sectionNumber":"85","sectionType":"section","heading":"Resumption of payment after cancellation or suspension—general","content":"85  Resumption of payment after cancellation or suspension—general\n\n (a) a person’s social security payment is:\n\n (i) cancelled by force of section 93 or 94 or subsection 95C(2); or\n\n (ii) cancelled or suspended under section 80, 81 or 82; or\n\n (iia) suspended under subsection 95C(1); or\n\n (iii) cancelled under Part 3C (schooling requirements); and\n\nNote: For reconsideration of the suspension of a schooling requirement payment, see sections 124J, 124N and 124NG.\n\n (c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision:\n\n (i) the person did not receive a social security payment that was payable to the person; or\n\n (ii) the person is not receiving a social security payment that is payable to the person;\n\nthe Secretary is to determine that the social security payment was or is payable to the person, as the case requires.\n\n (2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n85AA  Resumption of payment after cancellation or suspension—provision of proof of life certificate\n\nResumption of payment after suspension\n\n (a) a person’s social security payment is suspended under section 80; and\n\n (b) the suspension is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and\n\n (c) either:\n\n (i) a proof of life certificate relating to the person is given to the Secretary; or\n\n (ii) the person enters Australia; and\n\n (d) if subparagraph (c)(i) applies—the proof of life certificate was completed during the 26‑week period ending when the certificate was given to the Secretary;\n\nthe Secretary must:\n\n (e) under section 126, review the suspension of the person’s social security payment; and\n\n (f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been suspended.\n\nResumption of payment after cancellation\n\n (a) a person’s social security payment is cancelled under section 80; and\n\n (b) the cancellation is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and\n\n (c) a proof of life certificate relating to the person is given to the Secretary; and\n\n (d) the proof of life certificate was completed during the 12‑month period ending when the certificate was given to the Secretary;\n\nthe Secretary may:\n\n (e) under section 126, review the cancellation of the person’s social security payment; and\n\n (f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been cancelled.\n\n85A  Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance\n\n (a) the Secretary reduces a person’s rate of social security payment under section 81A by not adding an amount of rent assistance to the person’s maximum basic rate; and\n\n (c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision, the rate at which social security payment is being, or has been, paid is less than the rate provided for by the social security law;\n\nthe Secretary must determine that the rate is to be increased to the rate provided for by the social security law.\n\n (2) The determination must also specify the new rate of social security payment.\n\n (3) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\nSubdivision B—Provisions relating to concession cards\n\n","sortOrder":188},{"sectionNumber":"86","sectionType":"section","heading":"Cancellation—person not qualified","content":"86  Cancellation—person not qualified\n\n (1) If the Secretary is satisfied that a person to whom a concession card has been granted is not qualified for the card, the Secretary is to determine that the card is to be cancelled.\n\nNote: In some cases, the Secretary must cancel a seniors health card or an income‑tested health care card if the Secretary makes a request under subsection 75(2) or (3) of the holder (about providing tax file numbers): see subsections 77(1) and (3).\n\n (a) the card has been cancelled by the operation of another provision of the social security law; and\n\n (b) the determination would take effect at or after the time at which the cancellation referred to in paragraph (a) would take effect.\n\n","sortOrder":189},{"sectionNumber":"87","sectionType":"section","heading":"Cancellation—non‑compliance with certain notices","content":"87  Cancellation—non‑compliance with certain notices\n\n  If:\n\n (a) a person who is the holder of a concession card has been given:\n\n (i) a notice under section 68 that requires the person to give the Department a statement; or\n\nthe Secretary may determine that the person is to cease to be qualified for the card.\n\n","sortOrder":190},{"sectionNumber":"88","sectionType":"section","heading":"Changes to qualification by computer","content":"88  Changes to qualification by computer\n\n  If:\n\n (a) a person is qualified for a concession card; and\n\n (b) the person ceases to be qualified for the card because of the operation of a computer program used under the control of the Secretary; and\n\n (c) the program causes the change for a reason for which the Secretary could make the change by determination under section 87;\n\nthe change is taken to have been made by the Secretary by a determination under section 87 made for that reason.\n\n","sortOrder":191},{"sectionNumber":"89","sectionType":"section","heading":"Resumption of qualification","content":"89  Resumption of qualification\n\n (a) the Secretary makes a determination under section 87 that a person is to cease to be qualified for a concession card; and\n\n (c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision, the person was deprived of the concession card when he or she was qualified for the card;\n\nthe Secretary is to determine that the person is qualified for the card.\n\n (2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration without any such application having been made.\n\nDivision 8—Automatic cancellations and variations\n\nSubdivision A—Social security payments\n\n","sortOrder":192},{"sectionNumber":"90A","sectionType":"section","heading":"When this Subdivision does not apply","content":"90A  When this Subdivision does not apply\n\n  This Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.\n\n","sortOrder":193},{"sectionNumber":"90","sectionType":"section","heading":"Automatic cancellation—transfer to new payment type","content":"90  Automatic cancellation—transfer to new payment type\n\n (a) a person is receiving a social security pension or benefit (the old payment); and\n\n (i) a different kind of social security pension or benefit (the new pension or benefit) becomes payable to the person; or\n\n (ii) a service pension, income support supplement or a veteran payment becomes payable to the person;\n\nthe old payment is cancelled, by force of this section, immediately before the day on which the new pension or benefit or the service pension, income support supplement or veteran payment, as the case may be, becomes payable to the person.\n\n (2) In this section:\n\nsocial security benefit does not include parenting payment.\n\n","sortOrder":194},{"sectionNumber":"91","sectionType":"section","heading":"Automatic cancellation of parenting payment on transfer to new payment type—member of couple","content":"91  Automatic cancellation of parenting payment on transfer to new payment type—member of couple\n\n (b) a social security benefit (other than benefit (PP) partnered) becomes payable to the person;\n\nparenting payment is cancelled, by force of this section, immediately before the day that is the person’s start day in relation to the benefit referred to in paragraph (b).\n\n (b) as a result of a social security pension, a service pension, income support supplement or a veteran payment becoming payable to the person, the rate at which parenting payment is payable to the person becomes nil;\n\nparenting payment is cancelled by force of this section immediately before the day on which the social security pension, the service pension, the income support supplement or the veteran payment, as the case may be, becomes payable to the person.\n\n","sortOrder":195},{"sectionNumber":"93","sectionType":"section","heading":"Automatic cancellation—recipient complying with subsection 68(2) notice","content":"93  Automatic cancellation—recipient complying with subsection 68(2) notice\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (i) the person ceases to be qualified for the social security payment; or\n\n (ii) the payment would, but for this section, cease to be payable to the person; and\n\n (f) the social security payment is not cancelled before the end of the instalment period for the person that is current when the event or change of circumstances occurs;\n\nthe following paragraphs have effect:\n\n (g) if the social security payment is cancelled during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment is payable to the person until the end of the instalment period in which the event or change occurs, and is then cancelled by force of this subsection;\n\n (h) if the payment is not cancelled during the first period, the payment is payable to the person until the end of the notification period, and is then cancelled by force of this subsection.\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and\n\n (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the social security payment would, but for this subsection, cease to be payable to the person; and\n\n (g) the social security payment is not cancelled before the end of the nil instalment period;\n\nthe social security payment continues to be payable to the person until a day determined in accordance with subsection (3) and is then cancelled by force of this subsection.\n\n (3) For the purposes of subsection (2), the day until which the social security payment continues to be payable to the person is:\n\n (a) if the cancellation is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the payment is so cancelled during the instalment period (the next instalment period) following the nil instalment period—the later of:\n\n (b) if the cancellation is attributable to the balance having already been reduced to nil and the payment is so cancelled during the next instalment period—the later of:\n\n (c) if the cancellation is attributable to the reduction of the balance to nil but the payment is not so cancelled during the next instalment period—the later of:\n\n (ii) the end of the notification period; and\n\n (d) if the cancellation is attributable to the balance having already been reduced to nil but the payment is not so cancelled during the next instalment period—the later of:\n\n (ii) the end of the notification period.\n\n","sortOrder":196},{"sectionNumber":"94","sectionType":"section","heading":"Automatic cancellation—recipient not complying with subsection 68(2) notice","content":"94  Automatic cancellation—recipient not complying with subsection 68(2) notice\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (i) the person ceases to be qualified for the social security payment; or\n\n (ii) the social security payment ceases to be payable to the person;\n\nthe social security payment is cancelled, by force of this subsection, on the day on which the event or change of circumstances occurs.\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (c) the event or change of circumstance occurs; and\n\n (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs; and\n\n (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the social security payment ceases to be payable to the person;\n\nthe social security payment is cancelled, by force of this subsection, on:\n\n (g) if the cancellation is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and\n\n (h) if the cancellation is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.\n\n","sortOrder":197},{"sectionNumber":"95","sectionType":"section","heading":"Automatic cancellation—failure to provide statement under subsection 68(2)","content":"95  Automatic cancellation—failure to provide statement under subsection 68(2)\n\n (a) a person who is receiving a social security payment is given a notice under subsection 68(2) requiring the person to give the Department a statement or a number of statements; and\n\n (b) the notice relates to the payment of the social security payment in respect of a period or a number of periods specified in the notice; and\n\n (c) the person does not comply with the notice so far as it relates to a particular period;\n\nthen, subject to subsection (2), the social security payment is cancelled, by force of this section, on the first day in that period.\n\n (2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person on and from a day specified in the determination.\n\n (3) The day specified under subsection (2) may be before or after the making of the determination.\n\n","sortOrder":198},{"sectionNumber":"95A","sectionType":"section","heading":"Automatic cancellation of carer payment for non‑compliance with section 70 notice","content":"95A  Automatic cancellation of carer payment for non‑compliance with section 70 notice\n\n  If:\n\n (a) a care receiver or parent of a care receiver is given a notice under section 70; and\n\n (b) the notice requires the care receiver or parent to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the care receiver or parent does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (i) the person receiving the carer payment ceases to be qualified for the payment; or\n\n (ii) the carer payment ceases to be payable to the person;\n\nthe carer payment is cancelled, by force of this section, on the day on which the event or change of circumstances occurs.\n\n","sortOrder":199},{"sectionNumber":"95B","sectionType":"section","heading":"Automatic suspension or cancellation—carer allowance","content":"95B  Automatic suspension or cancellation—carer allowance\n\n  If:\n\n (a) a person is receiving a carer allowance because the person is qualified for that allowance under section 954B of the 1991 Act (receiving carer payment); and\n\n (b) the person’s carer payment is suspended or cancelled;\n\nthe carer allowance is by force of this section, suspended or cancelled, as the case may be, on the same day that the person’s carer payment is suspended or cancelled.\n\n","sortOrder":200},{"sectionNumber":"95C","sectionType":"section","heading":"Social security payment—suspension instead of cancellation under section 93 or 94","content":"95C  Social security payment—suspension instead of cancellation under section 93 or 94\n\n (a) a person ceases to be qualified for a social security payment or a social security payment ceases to be payable to a person; and\n\n (b) the Secretary is satisfied that the cessation is because the person is employed by a Youth Bonus wage subsidy employer;\n\nthen the Secretary may determine:\n\n (c) that the person’s social security payment is suspended and that the suspension takes effect on the day of the cessation; and\n\n (d) that section 93 or 94 is taken not to apply or not to have applied, as the case requires, to the person’s social security payment in relation to the cessation.\n\nNote: For Youth Bonus wage subsidy employer, see subsection (4).\n\n (2) Subject to subsection (3), if:\n\n (a) the suspension is in effect at the end of the period of 26 weeks beginning on the day the suspension takes effect; and\n\n (b) at the end of that 26‑week period, the person is not qualified for the social security payment or the social security payment is not payable to the person;\n\nthen the person’s social security payment is cancelled, by force of this subsection, on the day after the end of that 26‑week period.\n\n (a) before the end of the period of 26 weeks beginning on the day the suspension takes effect and while the suspension is in effect, the person ceases to be employed by a Youth Bonus wage subsidy employer; and\n\n (b) the Secretary determines that the cessation is:\n\n (i) as a result (whether direct or indirect) of a voluntary act of the person that was not reasonable; or\n\n (ii) as a result of the person’s misconduct as an employee;\n\nthen the person’s social security payment is taken to have been cancelled, by force of this subsection, on the day of the cessation.\n\nNote: If the Secretary does not make a determination as mentioned in paragraph (b), then the social security payment may again become payable to the person (without the need for a further claim) if the requirements in section 85 are satisfied.\n\nYouth Bonus wage subsidy employer, in relation to a person, means an employer that is eligible to receive a Youth Bonus wage subsidy in respect of the person under the program established by the Commonwealth and known as “Youth Jobs PaTH”.\n\n95CA  Carer payment—suspension instead of cancellation under section 93 or 94\n\nApplication—temporary cessation of care limit exceeded\n\n (a) a person temporarily ceases to provide care for a care receiver or care receivers (see section 198AC of the 1991 Act); and\n\n (b) the person ceases to be qualified for carer payment because of the occurrence of an event or change of circumstances (the event) that results in the temporary cessation of care exceeding the limit specified in:\n\n (i) subsection 198AC(3) of that Act; or\n\n (ii) the definition of limit in subsection 198AC(3A) of that Act; or\n\n (iii) paragraph 198AC(4)(c) or (5)(c) of that Act; and\n\n (c) because of a notice given to the person under subsection 68(2) of this Act, the person is required to inform the Department, within a specified period (the notification period), of the occurrence of the event; and\n\n (d) but for the occurrence of the event, the person would still have been qualified for carer payment; and\n\n (e) the person’s payment is to be, or has been, cancelled under section 93 or 94 of this Act because the person ceased to be qualified for the reason mentioned in paragraph (b) of this subsection.\n\nApplication—income reduced rate nil\n\n (2) This section applies if:\n\n (a) carer payment ceases to be payable to a person because the rate of the person’s payment is nil; and\n\n (b) the rate of the person’s carer payment is nil because of the occurrence of an event or change of circumstances (the event) that results in the person’s income reduced rate (see subsection (3)) being nil; and\n\n (c) because of a notice given to the person under subsection 68(2), the person is required to inform the Department, within a specified period (the notification period), of the occurrence of the event; and\n\n (d) but for the person’s income reduced rate being nil, carer payment would have continued to be payable to the person; and\n\n (e) the person’s payment is to be, or has been, cancelled under section 93 or 94 because the payment ceased to be payable for the reason mentioned in paragraph (b) of this subsection; and\n\n (f) at the time of the cessation, the person’s ordinary income (as used to work out the person’s income reduced rate) includes income for paid work performed by the person in Australia.\n\n (3) For the purposes of subsection (2), a person’s income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A of the 1991 Act.\n\nSuspension determination—event notified within notification period\n\n (a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and\n\n (b) the person’s carer payment has not yet been cancelled under section 93;\n\n (c) section 93 does not apply to cancel the person’s carer payment; and\n\n (d) the person’s carer payment is suspended for a period of 26 weeks with effect from the day the carer payment would otherwise have ceased to be payable under section 93.\n\n (a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and\n\n (b) the person’s carer payment has been cancelled under section 93; and\n\n (c) within the period of 26 weeks after the cancellation, the person’s circumstances (such as the person’s provision of care or the person’s amount of ordinary income) would not preclude the person from receiving carer payment;\n\n (d) the person is to be treated as if section 93 had not applied to cancel the person’s carer payment; and\n\n (e) the person’s carer payment is suspended for a period of 26 weeks with effect from the day the carer payment had ceased to be payable under section 93.\n\nSuspension determination—event not notified within notification period\n\n (a) the person does not inform the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and\n\n (b) the person’s carer payment has been cancelled under section 94; and\n\n (c) the Department subsequently becomes aware of the event; and\n\n (d) within the period of 28 weeks after the cancellation, the person’s circumstances (such as the person’s provision of care or the person’s amount of ordinary income) would not preclude the person from receiving carer payment;\n\n (e) the person is to be treated as if section 94 had not applied to cancel the person’s carer payment; and\n\n (f) the person’s carer payment is suspended for a period of 28 weeks with effect from the day the carer payment had ceased to be payable under section 94.\n\nResidency requirement\n\n (7) The Secretary must not make a determination under subsection (4), (5) or (6) unless the Secretary is satisfied that the person is residing in Australia.\n\nResumption of carer payment after suspension\n\n (8) If:\n\n (a) the Secretary suspends a person’s carer payment under subsection (4), (5) or (6); and\n\n (i) the person did not receive carer payment that was payable to the person; or\n\n (ii) the person is not receiving carer payment that is payable to the person;\n\nthe Secretary is to determine that carer payment was or is payable to the person, as the case requires.\n\n (9) The reconsideration referred to in paragraph (8)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n (10) A determination that carer payment was or is payable to the person under subsection (8) takes effect:\n\nCancellation of carer payment after period of suspension\n\n (a) the Secretary suspends a person’s carer payment under subsection (4), (5) or (6); and\n\nthen, at the end of the period, the determination granting the person carer payment is, by force of this subsection, revoked.\n\n","sortOrder":201},{"sectionNumber":"95D","sectionType":"section","heading":"Age pension—suspension instead of cancellation under section 93 or 94","content":"95D  Age pension—suspension instead of cancellation under section 93 or 94\n\nApplication\n\n (a) age pension ceases to be payable to a person because the rate of the person’s pension is nil; and\n\n (b) the rate of the person’s pension is nil because of the occurrence of an event or change of circumstances (the income‑related event) that results in the person’s income reduced rate (see subsection (2)) being nil; and\n\n (c) the person is required to inform the Department of the income‑related event within a specified period (the notification period) because of a notice given to the person under subsection 68(2); and\n\n (d) but for the person’s income reduced rate being nil, age pension would have continued to be payable to the person; and\n\n (e) the person’s pension is to be, or has been, cancelled under section 93 or 94 because the pension ceased to be payable for the reason mentioned in paragraph (b); and\n\n (f) at the time of the cessation, the person’s ordinary income (as used to work out the person’s income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship.\n\n (2) For the purposes of subsection (1), a person’s income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A.\n\nSuspension determination—event notified within notification period\n\n (a) the person informs the Department of the income‑related event within the notification period; and\n\n (b) the person’s pension has not yet been cancelled under section 93;\n\n (c) section 93 does not apply to cancel the person’s pension; and\n\n (d) the person’s pension is suspended for a period of 2 years with effect from the day the pension would otherwise have ceased to be payable under section 93.\n\n (a) the person informs the Department of the income‑related event within the notification period; and\n\n (b) the person’s pension has been cancelled under section 93; and\n\n (c) within the period of 2 years after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;\n\n (d) the person is to be treated as if section 93 had not applied to cancel the person’s pension; and\n\n (e) the person’s pension is suspended for a period of 2 years with effect from the day the pension had ceased to be payable under section 93.\n\nSuspension determination—event not notified within notification period\n\n (a) the person does not inform the Department of the income‑related event within the notification period; and\n\n (b) the person’s pension has been cancelled under section 94; and\n\n (c) the Department subsequently becomes aware of the income‑related event; and\n\n (d) within the period of 2 years and 14 days after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;\n\n (e) the person is to be treated as if section 94 had not applied to cancel the person’s pension; and\n\n (f) the person’s pension is suspended for a period of 2 years and 14 days with effect from the day the pension had ceased to be payable under section 94.\n\nResidency requirement\n\n (6) The Secretary must not make a determination under subsection (3), (4) or (5) unless the Secretary is satisfied that the person is residing in Australia.\n\nResumption of age pension after suspension\n\n (a) the Secretary suspends a person’s age pension under subsection (3), (4) or (5); and\n\n (i) the person did not receive age pension that was payable to the person; or\n\n (ii) the person is not receiving age pension that is payable to the person;\n\nthe Secretary is to determine that age pension was or is payable to the person, as the case requires.\n\n (8) The reconsideration referred to in paragraph (7)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n (9) A determination that age pension was or is payable to the person under subsection (7) takes effect:\n\nCancellation of age pension after period of suspension\n\n (10) If:\n\n (a) the Secretary suspends a person’s age pension for a period under subsection (3), (4) or (5); and\n\nthen, at the end of the period, the determination granting the person age pension is, by force of this subsection, revoked.\n\n","sortOrder":202},{"sectionNumber":"96","sectionType":"section","heading":"Disability support pension—suspension instead of cancellation under section 93","content":"96  Disability support pension—suspension instead of cancellation under section 93\n\n (a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and\n\n (b) the person has, within the notification period referred to in section 93, informed the Secretary that the person has obtained that work;\n\n (c) that section 93 does not apply to the person’s disability support pension; and\n\n (d) that the person’s disability support pension is to be suspended with effect from the day the pension would otherwise have ceased to be payable under section 93.\n\n (2) Subsection (1) does not apply to a person if:\n\n (a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and\n\n (b) the Secretary’s notice is given before the person informs the Secretary that the person has obtained work.\n\n (a) disability support pension ceases to be payable to a person because the rate of the pension is nil as a result of employment income of the person; and\n\n (b) the person has informed the Secretary about the employment income within the notification period referred to in section 93;\n\n (c) that section 93 does not apply to the person’s disability support pension; and\n\n (d) that the person’s disability support pension is to be suspended with effect from the day the pension would otherwise have ceased to be payable under section 93.\n\n (a) the Secretary makes a determination under subsection (1) or (3) suspending a person’s disability support pension; and\n\n (b) within 2 years from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and\n\n (3B) The reconsideration referred to in paragraph (3A)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n (3C) A determination that disability support pension was or is payable to the person under subsection (3A) takes effect:\n\n (b) the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination;\n\nthen, at the end of that period of 2 years, the determination granting the person disability support pension is, by force of this section, revoked.\n\n (b) the person has a partner who is receiving:\n\n (i) age pension; or\n\n (ii) disability support pension; or\n\n (iii) service pension, income support supplement or veteran payment;\n\nthen, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).\n\n (b) the person has a partner who was, immediately before the suspension, receiving carer payment for the period of the suspension of the person’s disability support pension;\n\nthe Secretary must determine that the partner’s carer payment is not to be cancelled but is to be suspended.\n\n","sortOrder":203},{"sectionNumber":"97","sectionType":"section","heading":"Disability support pension—suspension taken to have been under section 96","content":"97  Disability support pension—suspension taken to have been under section 96\n\n (a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and\n\n (b) disability support pension ceases to be payable to the person under section 93; and\n\n (c) within the period of 2 years after the pension ceases to be payable, the person ceases to do work of the kind referred to in paragraph (a);\n\nthe Secretary may determine that the person is to be treated as if:\n\n (d) section 93 had not applied to the person’s disability support pension; and\n\n (e) the disability support pension had been suspended under section 96 with effect from the day the pension had ceased to be payable under section 93.\n\n (a) the Secretary makes a determination under subsection (1) in respect of a person; and\n\n (b) the person’s partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension because the person obtained paid work;\n\nthe Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended under section 96 for the period of the suspension of the person’s disability support pension.\n\n (a) disability support pension ceased to be payable to a person under section 93 because the rate of the pension was nil as a result of employment income of the person; and\n\n (b) within the period of 2 years after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension;\n\nthe Secretary may determine that the person is to be treated as if:\n\n (c) section 93 had not applied to the person’s disability support pension; and\n\n (d) the disability support pension had been suspended under section 96 with effect from the day the pension had ceased to be payable under section 93.\n\n (a) the Secretary makes a determination under subsection (3) in respect of a person; and\n\n (b) the person’s partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (3)(a);\n\nthe Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended under section 96 for the period of the suspension of the person’s disability support pension.\n\n","sortOrder":204},{"sectionNumber":"97A","sectionType":"section","heading":"Disability support pension—suspension instead of cancellation under section 94 (person obtains work)","content":"97A  Disability support pension—suspension instead of cancellation under section 94 (person obtains work)\n\n (a) a person was receiving disability support pension as a result of a claim made before 1 July 2006; and\n\n (b) the person ceased to be qualified for disability support pension because he or she obtained paid work that was for at least 30 hours per week; and\n\n (c) the person subsequently informs the Secretary that he or she has obtained that work; and\n\n (d) the person’s disability support pension was cancelled under section 94 because of that work; and\n\n (e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph (b);\n\n (f) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and\n\n (g) the person’s disability support pension is suspended from the day on which the person ceased to be qualified for the pension.\n\nHowever, this subsection ceases to apply to a transitional DSP applicant from the date of effect of the first decision about the person’s capacity to perform work made on or after 1 July 2006 following a review of the person’s capacity to perform work.\n\n (a) subsection (1) does not apply, or has ceased to apply, to a person; and\n\n (b) the person ceased to be qualified for disability support pension because he or she obtained paid work that is for at least 30 hours per week; and\n\n (c) the person subsequently informs the Secretary that he or she has obtained that work; and\n\n (d) the person’s disability support pension was cancelled under section 94 because of that work; and\n\n (e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph (b);\n\n (f) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and\n\n (g) the person’s disability support pension is suspended from the day on which the person ceased to be qualified for the pension.\n\n (3) Neither subsection (1) nor (2) applies to a person if:\n\n (a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and\n\n (b) the Secretary’s notice is given before the person informs the Secretary that the person has obtained work.\n\n (a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and\n\n (b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;\n\nthen, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.\n\n (a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and\n\n (b) the person’s partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension for the reason mentioned in paragraph (1)(b) or (2)(b);\n\nthe Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended for the period of the suspension of the person’s disability support pension.\n\n (a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and\n\n (b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and\n\n (7) The reconsideration referred to in paragraph (6)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n (8) A determination that disability support pension was or is payable to the person under subsection (6) takes effect:\n\n","sortOrder":205},{"sectionNumber":"97B","sectionType":"section","heading":"Disability support pension—suspension instead of cancellation under section 94 (person’s income)","content":"97B  Disability support pension—suspension instead of cancellation under section 94 (person’s income)\n\n (a) disability support pension ceased to be payable to a person because the rate of the pension was nil as a result of employment income of the person; and\n\n (b) the person subsequently informs the Secretary of that employment income; and\n\n (c) the person’s disability support pension was cancelled under section 94 because the pension ceased to be payable to the person for the reason mentioned in paragraph (a); and\n\n (d) within the period of 2 years and 14 days after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension;\n\n (e) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and\n\n (f) the person’s disability support pension is suspended from the day on which the pension ceased to be payable to the person.\n\n (2) Subsection (1) does not apply to a person if:\n\n (a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and\n\n (b) the Secretary’s notice is given before the person informs the Secretary of the person’s income or increased income.\n\n (b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;\n\nthen, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.\n\n (b) the person’s partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (1)(a);\n\nthe Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended for the period of the suspension of the person’s disability support pension.\n\n (b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and\n\n (6) The reconsideration referred to in paragraph (5)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n (7) A determination that disability support pension was or is payable to the person under subsection (5) takes effect:\n\n97C  Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners)\n\nApplication\n\n (a) one of the following determinations is made, in relation to a person who is a member of a couple, because of the occurrence of an event or change of circumstances:\n\n (i) a determination under subsection 95D(3), (4) or (5) suspending the person’s age pension because the pension ceased to be payable to the person;\n\n (ii) a determination under subsection 96(1), 97(1), 97A(1) or 97A(2) suspending the person’s disability support pension because the person ceased to be qualified for the pension;\n\n (iii) a determination under subsection 96(3), 97(3) or 97B(1) suspending the person’s disability support pension because the pension ceased to be payable to the person;\n\n (iv) a determination under subsection 56ED(3), (4) or (5) of the Veterans’ Entitlements Act suspending the person’s age service pension, invalidity service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person; and\n\n (b) immediately before the event or change of circumstances, the person’s partner was receiving an age pension, disability support pension or carer payment; and\n\n (c) the partner’s pension or payment ceases to be payable to the partner because the rate of the partner’s pension or payment is nil; and\n\n (d) the partner’s cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the person’s cessation of payability or qualification; and\n\n (e) because of the partner’s cessation of payability, the partner’s pension or payment is to be, or has been, cancelled under section 93 or 94.\n\nNote: For suspensions when a person’s partner has been receiving service pension, income support supplement or veteran payment, see section 56EE of the Veterans’ Entitlements Act.\n\nPartner suspension determination\n\n (2) The Secretary may determine that:\n\n (a) the partner is to be treated as if section 93 or 94 does not apply or had not applied (as the case may be) to cancel the partner’s pension or payment; and\n\n (b) the partner’s pension or payment is suspended with effect from the day the pension or payment would otherwise have ceased to be payable under section 93 or 94, for a period of:\n\n (i) if section 94 would otherwise have applied—2 years and 14 days; or\n\n (ii) in all other cases—2 years.\n\nResumption of partner’s pension or payment after suspension\n\n (a) the Secretary suspends the partner’s pension or payment under subsection (2); and\n\n (i) the partner did not receive pension or payment that was payable to the partner; or\n\n (ii) the partner is not receiving pension or payment that is payable to the partner;\n\nthe Secretary is to determine that pension or payment was or is payable to the partner, as the case requires.\n\n (4) The reconsideration referred to in paragraph (3)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n (5) A determination that pension or payment was or is payable to the partner under subsection (3) takes effect:\n\n (a) if the partner applied for reconsideration under section 129—on the day the application was made; or\n\nCancellation of partner’s pension or payment after period of suspension\n\n (a) the Secretary suspends the partner’s pension or payment for a period under subsection (2); and\n\nthen, at the end of the period, the determination granting the partner pension or payment is, by force of this subsection, revoked.\n\nPartner ceasing to be member of couple\n\n (7) To avoid doubt, subsections (3) to (6) apply to the partner even if the partner ceases to be a member of the couple after the event or change of circumstances referred to in subsection (1).\n\n","sortOrder":206},{"sectionNumber":"98","sectionType":"section","heading":"Automatic rate reduction—partner starting to receive pension or benefit","content":"98  Automatic rate reduction—partner starting to receive pension or benefit\n\n (a) a person is receiving a social security payment; and\n\n (b) the person’s partner starts to receive:\n\n (i) a social security pension or benefit; or\n\n (ii) a service pension, income support supplement or a veteran payment; and\n\n (c) the person’s social security payment rate is reduced because of the partner’s receipt of the pension, benefit, supplement or payment;\n\nthe social security payment becomes payable to the person at the reduced rate on the day on which the partner starts to receive the pension, benefit, supplement or payment.\n\n (a) a person is receiving a social security payment; and\n\n (b) the person’s partner starts to receive:\n\n (i) a social security pension or benefit; or\n\n (ii) a service pension or a veteran payment; and\n\n (c) because the partner starts to receive that pension, benefit or payment, the person’s working credit balance or student income bank balance is reduced to nil; and\n\n (d) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the person’s social security payment rate is to be reduced;\n\nthe social security payment becomes payable to the person at the reduced rate on:\n\n (e) if the rate reduction is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and\n\n (f) if the rate reduction is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.\n\n","sortOrder":207},{"sectionNumber":"99","sectionType":"section","heading":"Automatic rate reduction—recipient complying with subsection 68(2) notice","content":"99  Automatic rate reduction—recipient complying with subsection 68(2) notice\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (e) because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced; and\n\n (f) the person’s rate of payment is not reduced before the end of the instalment period for the person that is current when the event or change of circumstances occurs;\n\nthe following paragraphs have effect:\n\n (g) if the person’s rate of payment is reduced during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment becomes payable to the person at the reduced rate immediately after the end of the instalment period in which the event or change occurs;\n\n (h) if the person’s rate of payment is not reduced during the first period, the payment becomes payable to the person at the reduced rate immediately after the end of the notification period.\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and\n\n (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the rate of the person’s social security payment is to be reduced; and\n\n (g) the person’s rate of payment is not reduced before the end of the nil instalment period;\n\nthe social security payment becomes payable to the person at the reduced rate from the day immediately after the day determined in accordance with subsection (3).\n\n (3) For the purposes of subsection (2), the day immediately after which the social security payment becomes payable to the person at the reduced rate is:\n\n (a) if the rate reduction is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the rate is so reduced during the instalment period (the next instalment period) following the nil instalment period—the later of:\n\n (b) if the rate reduction is attributable to the balance having already been reduced to nil and the rate is so reduced during the next instalment period—the later of:\n\n (c) if the rate reduction is attributable to the reduction of the balance to nil but the rate is not so reduced during the next instalment period—the later of:\n\n (ii) the end of the notification period; and\n\n (d) if the rate reduction is attributable to the balance having already been reduced to nil but the rate is not so reduced during the next instalment period—the later of:\n\n (i) the day before the first day on which the opening balance is nil; or\n\n (ii) the end of the notification period.\n\n","sortOrder":208},{"sectionNumber":"100","sectionType":"section","heading":"Automatic rate reduction—recipient not complying with subsection 68(2) notice","content":"100  Automatic rate reduction—recipient not complying with subsection 68(2) notice\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (e) because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced;\n\nthe social security payment becomes payable to the person at the reduced rate on the day on which the event or change of circumstances occurs.\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs; and\n\n (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the rate of the person’s social security payment is to be reduced;\n\nthe social security payment becomes payable to the person at the reduced rate on:\n\n (g) if the rate reduction is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and\n\n (h) if the rate reduction is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.\n\n","sortOrder":209},{"sectionNumber":"101","sectionType":"section","heading":"Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment","content":"101  Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment\n\n  If:\n\n (b) as a result of a social security pension, a service pension, income support supplement or a veteran payment becoming payable to the person, the rate at which parenting payment is payable to the person is reduced;\n\nparenting payment becomes payable to the person at the reduced rate on the day on which the social security pension, the service pension, the income support supplement or the veteran payment, as the case may be, becomes payable to the person.\n\n","sortOrder":210},{"sectionNumber":"103","sectionType":"section","heading":"Changes to payments by computer following automatic cancellation or reduction","content":"103  Changes to payments by computer following automatic cancellation or reduction\n\n (a) a person is receiving a social security payment on the basis of data in a computer; and\n\n (b) the payment is cancelled, or the payment rate is reduced, by the operation of a provision of the social security law; and\n\n (c) the cancellation or reduction is given effect by the operation of a computer program used under the control of the Secretary stopping payment or reducing the rate of payment;\n\nthe Secretary is taken to have made a determination that the provision referred to in paragraph (b) applies to the person’s social security payment.\n\n (2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the cancellation or reduction took effect.\n\nSubdivision B—Concession cards\n\n","sortOrder":211},{"sectionNumber":"104","sectionType":"section","heading":"Automatic cancellation—holder complying with subsection 68(4) notice","content":"104  Automatic cancellation—holder complying with subsection 68(4) notice\n\n  If:\n\n (a) a person who is the holder of a concession card is given a notice under subsection 68(4); and\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (e) because of the occurrence of the event or change of circumstances, the person would, but for this section, cease to be qualified for the card; and\n\n (f) the person does not cease to hold the card before the end of the notification period;\n\nthe person continues to be qualified for the card until the end of the notification period, and then ceases to be so qualified.\n\n","sortOrder":212},{"sectionNumber":"105","sectionType":"section","heading":"Automatic cancellation—holder not complying with subsection 68(4) notice","content":"105  Automatic cancellation—holder not complying with subsection 68(4) notice\n\n  If:\n\n (a) a person who is the holder of a concession card is given a notice under subsection 68(4); and\n\n (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n (e) because of the occurrence of the event or change of circumstances, the person ceases to be qualified for the card;\n\nthe person ceases to be qualified for the card on the day on which the event or change of circumstances occurs.\n\n","sortOrder":213},{"sectionNumber":"106","sectionType":"section","heading":"Changes by computer following automatic cancellation","content":"106  Changes by computer following automatic cancellation\n\n (a) a person is qualified for a concession card on the basis of data in a computer; and\n\n (b) the person ceases, by virtue of section 104 or 105, to be qualified for the card; and\n\n (c) the cessation is given effect by the operation of a computer program under the control of the Secretary causing the person to be notified of the cessation;\n\nthe Secretary is taken to have made a determination that the provision referred to in paragraph (b) applies to the person’s concession card.\n\n (2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the cessation took effect.\n\n","sortOrder":214},{"sectionNumber":"106A","sectionType":"section","heading":"Automatic cancellation on cessation of qualification","content":"106A  Automatic cancellation on cessation of qualification\n\n  If a person who is the holder of a concession card ceases, otherwise than by virtue of section 104 or 105, to be qualified for the card, the card is cancelled by force of this section on the day on which the person ceases to be so qualified.\n\nSubdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards\n\n106B  Automatic cancellation\n\n (1) Subject to subsection (3), if:\n\n (a) a section 1061ZA pensioner concession card or a listed automatic issue health care card has been granted to a person; and\n\n (b) in order to be qualified for the card, the person must be receiving, or be qualified for, a particular social security pension or benefit; and\n\n (c) the pension or benefit is cancelled;\n\nthe section 1061ZA pensioner concession card or listed automatic issue health care card, as the case may be, is, by force of this section, cancelled.\n\n (a) a health care card has been granted to a person; and\n\n (b) the person was qualified for the card under subsection 1061ZK(4) of the 1991 Act; and\n\n (c) the person ceases to be qualified under that subsection;\n\nthe health care card is, by force of this section, cancelled.\n\n (3) Subsection (1) does not have effect in a case in which the Secretary determines in writing that he or she is satisfied that the person concerned is likely to be granted a social security pension or benefit before it is reasonably practicable to take steps to give effect to the cancellation of the card.\n\nlisted automatic issue health care card means an automatic issue health care card that is granted:\n\n (a) to a person who receives one of the following social security payments:\n\n (ii) jobseeker payment;\n\n (iv) special benefit;\n\n (vi) benefit PP (partnered); or\n\n (b) to a person who is receiving a youth allowance and who, at the time when a determination was made to grant the person the youth allowance:\n\n (i) was not undertaking full‑time study; and\n\n (ii) was not a new apprentice.\n\nsection 1061ZA pensioner concession card means a pensioner concession card granted to a person who is qualified for the card under section 1061ZA of the 1991 Act (except under subsection (1B) of that section).\n\nDivision 9—Date of effect of determinations\n\nSubdivision A—Determinations relating to claims\n\n107  General rule\n\n (1) Subject to subsections (2), (3), (4) and (5), a determination under section 37 takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.\n\n (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or a concession card; and\n\n (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\nthe determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.\n\n (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and\n\n (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\nthe determination embodying the last‑mentioned decision takes effect on the day on which the application for review was made.\n\n (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and\n\n (b) no notice is given to the person informing the person of the original decision; and\n\nthe determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.\n\n (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and\n\n (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and\n\n (d) a decision that the claim be granted is made as a result of the review;\n\nthe determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.\n\nSubdivision B—Determinations under section 78, 81A, 85, 85AA or 85A\n\n","sortOrder":215},{"sectionNumber":"108","sectionType":"section","heading":"Definition","content":"108  Definition\n\nfavourable determination means a determination under section 78, 85, 85AA or 85A.\n\n","sortOrder":216},{"sectionNumber":"109","sectionType":"section","heading":"Date of effect of favourable determination resulting from review","content":"109  Date of effect of favourable determination resulting from review\n\n (b) a notice is given to the person informing the person of the original decision; and\n\n (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n (b) a notice is given to the person informing the person of the original decision; and\n\n (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\nthe favourable determination takes effect on the day on which the application for review was made.\n\n (b) the person is not given notice of the original decision; and\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and\n\n (d) as a result of the review, the favourable determination is made within 13 weeks after notice of the original decision was given to the person;\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and\n\n (d) as a result of the review, the favourable determination is made more than 13 weeks after notice of the original decision was given to the person;\n\nthe favourable determination takes effect on the day on which the review was begun by the Secretary.\n\n (6) This section does not apply to determinations to which section 109A or 110A apply.\n\n (7) For the purposes of this section, if:\n\n (a) the Secretary makes a decision constituted by a determination made under section 78 to increase the rate at which a social security payment is being, or has been, paid; and\n\n (b) the determination is made because an amount has been indexed or adjusted by the operation of Part 3.16 of the 1991 Act;\n\n (c) each person whose rate of social security payment is, or was, affected by the determination is taken to have been given notice of the determination and of the increased rate; and\n\n (d) the notice is taken to have been given on the day on which the amount was so indexed or adjusted.\n\n","sortOrder":217},{"sectionNumber":"109A","sectionType":"section","heading":"Date of effect of determination under section 78 resulting from review required by section 126A","content":"109A  Date of effect of determination under section 78 resulting from review required by section 126A\n\n  If the Secretary makes a determination under section 78 (rate increase determination) as a result of a review required by section 126A (review of determination of youth allowance rate in relation to maintenance income), the determination takes effect:\n\n (a) unless paragraph (b) applies—on the date that would give full effect to the decision on review; or\n\n (b) if the date referred to in paragraph (a) is earlier than the first day of the income year before the income year in which the review decision was made—that first day.\n\n","sortOrder":218},{"sectionNumber":"110","sectionType":"section","heading":"Date of effect of favourable determination","content":"110  Date of effect of favourable determination\n\n (1) Subject to subsections (1A) to (11A) (inclusive), if a favourable determination is made following a person having informed the Department of the occurrence of an event or change of circumstances, the determination takes effect:\n\n (a) on the day on which the person so informed the Department; or\n\n (b) on the day on which the event or change occurred;\n\nwhichever is the later.\n\n (1A) If a favourable determination is made in relation to a person who has not reached pension age:\n\n (a) following the person’s having informed the Department of the occurrence of an event or change of circumstances; and\n\n (b) because, in an instalment period of the person:\n\n (i) there is a decrease in the amount of the person’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or\n\n (ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;\n\nthe determination takes effect on the first day of the instalment period, or on the first day of the instalment period in which the person so informs the Department, whichever is the later.\n\n (2) Subject to subsection (2A), if a favourable determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.\n\n (2A) If a favourable determination is made in relation to a person who has not reached pension age:\n\n (a) following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and\n\n (b) because, in the instalment period:\n\n (i) there is a decrease in the amount of the person’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or\n\n (ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;\n\nthe determination takes effect on the first day of the instalment period.\n\n (3) Subject to subsection (3A), if:\n\n (b) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and\n\n (c) the notice relates to the payment of the partner’s social security payment in respect of a period specified in the notice; and\n\n (d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and\n\n (e) following the giving of the statement, a favourable determination is made in relation to the person’s social security payment;\n\nthe determination takes effect on the day on which the matter arose.\n\n (b) the partner has not reached pension age; and\n\n (c) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and\n\n (d) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and\n\n (e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and\n\n (f) following the giving of the statement, a favourable determination is made in relation to the person’s social security payment; and\n\n (g) the determination is made because, in the instalment period:\n\n (i) there is a decrease in the amount of the partner’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the partner; or\n\n (ii) the partner has ceased to be taken, in accordance with that Division, to have received employment income;\n\nthe determination takes effect on the first day of the instalment period.\n\n (a) a favourable determination is made following the death of a person’s partner (the partner); and\n\n (b) the favourable determination is made because the person elects not to receive bereavement payments; and\n\n (c) within the bereavement period:\n\n (i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner’s death; or\n\n (ii) the Secretary otherwise becomes aware of the death;\n\nthe determination takes effect on the day on which the partner died.\n\n (a) a favourable determination is made following the death of a person’s partner (the partner); and\n\n (b) immediately before the partner died, the partner:\n\n (i) was not receiving a social security pension, a service pension, income support supplement or a veteran payment; and\n\n (ii) was not a long‑term social security recipient; and\n\n (c) within the period of 4 weeks starting on the day after the day on which the partner dies:\n\n (i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner’s death; or\n\n (ii) the Secretary otherwise becomes aware of the death;\n\nthe determination takes effect on the day on which the partner died.\n\n (a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsection 5(12) of the 1991 Act, that a young person will not, or would not, if an application were duly made, receive payments under a prescribed educational scheme; and\n\n (b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;\n\nthe determination takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.\n\n (10) If:\n\n (a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive a payment under a prescribed educational scheme; and\n\n (b) the young person, or another person or organisation, was previously in receipt of a payment under a prescribed educational scheme in respect of the young person but the payment has since ceased; and\n\n (c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;\n\nthe determination takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.\n\n (a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive payments under any prescribed educational scheme; and\n\n (b) no application has been made for payments in respect of that young person under any prescribed educational scheme; and\n\n (c) the Secretary is satisfied that it is reasonable that no such application has been made; and\n\n (d) the young person ceased, within 13 weeks after becoming a prescribed student child, to be a prescribed student child because the Secretary formed an opinion for the purposes of paragraph 5(12)(c) of the 1991 Act;\n\nthe determination takes effect on the day on which the young person became a prescribed student child.\n\n (11A) If the Secretary makes a determination under section 78 (rate increase determination) as a result of a revised estimate of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.\n\n (12) This section does not apply to determinations to which section 110A applies.\n\n","sortOrder":219},{"sectionNumber":"110A","sectionType":"section","heading":"Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance","content":"110A  Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance\n\n  If:\n\n (a) a favourable determination is made under section 85 resuming payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit the payment of which had been suspended under section 80; and\n\n (b) the payment had been suspended because it was not payable because of:\n\n (i) subsection 42P(1) or 42S(1) (if the payment was a participation payment and the person receiving the payment was a declared program participant); or\n\n (ii) section 550B or 551 of the 1991 Act (if the payment was a youth allowance); or\n\n (iii) section 576A or 577 of the 1991 Act (if the payment was an austudy payment);\n\nthe determination takes effect, or is taken to have taken effect, on the day after the end of the period for which the payment, allowance or benefit is not payable because of section 550B, 551, 576A or 577 of the 1991 Act, or on the day after the serious failure period or unemployment non‑payment period ends under subsection 42P(1) or 42S(3) or (4) or section 42Q of this Act, as the case requires.\n\n","sortOrder":220},{"sectionNumber":"111","sectionType":"section","heading":"Date of effect of section 78 determination resulting from indexation or adjustment","content":"111  Date of effect of section 78 determination resulting from indexation or adjustment\n\n  If:\n\n (a) the Secretary makes a determination under section 78; and\n\n (b) the determination is made because an amount has been indexed or adjusted by the operation of Part 3.16 of the 1991 Act;\n\nthe determination takes effect on the day on which the amount was so indexed or adjusted.\n\n","sortOrder":221},{"sectionNumber":"114","sectionType":"section","heading":"Date of effect of other favourable determinations","content":"114  Date of effect of other favourable determinations\n\n (1) In the case of a favourable determination to which none of sections 109, 109A, 110 and 110A apply, the determination takes effect on the day on which the determination is made or on such other day as is specified in the determination.\n\n (2) A day specified in a determination for the purpose of subsection (1) may be:\n\n (a) later than the day on which the determination is made; or\n\n (b) not earlier than 13 weeks before the day on which the determination is made.\n\n","sortOrder":222},{"sectionNumber":"114A","sectionType":"section","heading":"Date of effect of favourable determination—portability extensions","content":"114A  Date of effect of favourable determination—portability extensions\n\n  A favourable determination that is made as a result of a determination referred to in:\n\n (a) subsection 1216(2), 1220A(1A) or 1220B(1A) of the 1991 Act; or\n\n (b) subclause 128(1A) of Schedule 1A to the 1991 Act; or\n\n (c) subitem 6(6) or 14(8) of Schedule 4 to the Social Services and Other Legislation Amendment Act 2014;\n\nmay be expressed to take effect on a day earlier than otherwise permitted by this Subdivision.\n\nSubdivision C—Determinations under section 89\n\n115  Definition\n\nfavourable determination means a determination under section 89.\n\n116  Date of effect of favourable determination resulting from review—concession cards\n\n (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\nthe favourable determination takes effect on the day on which the application for review was made.\n\n (b) the person is not given any notice informing him or her of the original decision; and\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made;\n\n (d) as a result of the review, the favourable decision is made more than 13 weeks after the notice of the original decision was given to the person;\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\nSubdivision D—Date of effect of adverse determinations relating to social security payments\n\n","sortOrder":223},{"sectionNumber":"117","sectionType":"section","heading":"Definition","content":"117  Definition\n\nadverse determination means a determination under section 79, 80, 81, 81A or 82.\n\n","sortOrder":224},{"sectionNumber":"118","sectionType":"section","heading":"Date of effect of adverse determinations—general rules","content":"118  Date of effect of adverse determinations—general rules\n\n (1) The day on which an adverse determination takes effect in relation to a social security payment is worked out:\n\n (b) in the case of carer payment—in accordance with this section and section 120; and\n\n (c) in the case of any other social security payment—in accordance with this section.\n\n (2) Subject to subsections (2A), (2B), (2D) and (2E), if:\n\n (a) an adverse determination is made following a person having informed the Department of the occurrence of an event or change of circumstances; and\n\n (b) the person is not paid an instalment of the social security payment after the occurrence of the event or change and before the determination is made;\n\nthe determination takes effect on the day on which the event or change of circumstances occurred.\n\n (2A) If an adverse determination is made in relation to a person who has not reached pension age:\n\n (a) following the person’s having informed the Department of the occurrence of an event or change of circumstances; and\n\n (b) because the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in an instalment period of the person;\n\n (c) if the determination is attributable to the reduction, during the instalment period, of the person’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and\n\n (d) if the determination is attributable to the person’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; and\n\n (e) in any other case—the first day of the instalment period;\n\nso long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (c), (d) or (e) and before the determination is made.\n\n (2B) If:\n\n (a) an adverse determination is made in relation to a person following the person’s having informed the Department of the occurrence of an event or change of circumstances; and\n\n (b) the determination is made because, in an instalment period of the person, either:\n\n (i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or\n\n (ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and\n\n (c) the person’s student income bank balance is reduced to nil during the instalment period;\n\n (d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and\n\n (e) if the determination is attributable to the person’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil;\n\nso long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (d) or (e) and before the determination is made.\n\n (2D) If the Secretary makes a determination under section 79 (rate reduction determination) as a result of a revised estimate of the amount of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.\n\n (2E) If the Secretary makes a determination under section 79 (rate reduction determination) as a result of a review required by section 126A (review of determination of youth allowance rate in relation to maintenance income), the determination takes effect on the date that would give full effect to the decision on review.\n\n (a) an adverse determination is made in relation to a person because of point 1064‑E3, 1066A‑F2A, 1067G‑H25, 1067L‑D24, 1068‑G8A, 1068A‑E13 or 1068B‑D21, or Division 3 of Part 3.14, of the 1991 Act; and\n\n (b) a social security payment has been paid to the person or the person’s partner when, because of the payment of arrears of periodic compensation payments, the payment should have been cancelled or suspended;\n\nthe determination takes effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.\n\n (a) an adverse determination is made in relation to a person because of point 1064‑E3, 1066A‑F2A, 1067G‑H25, 1067L‑D24, 1068‑G8A, 1068A‑E13 or 1068B‑D21, or Division 3 of Part 3.14, of the 1991 Act; and\n\n (b) the rate at which a social security payment was paid to the person or the person’s partner was, because of the payment of arrears of periodic compensation payments, higher than the rate at which the payment should have been paid;\n\nthe determination takes effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.\n\n (5) Subject to subsections (5A) and (5B), if the adverse determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.\n\n (5A) If an adverse determination is made in relation to a person who has not reached pension age:\n\n (a) following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and\n\n (b) because the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period;\n\n (c) if the determination is attributable to the reduction, during the instalment period, of the person’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and\n\n (d) if the determination is attributable to the person’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; and\n\n (e) in any other case—the first day of the instalment period.\n\n (5B) If:\n\n (a) an adverse determination is made in relation to a person following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and\n\n (b) the determination is made because, in the instalment period, either:\n\n (i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or\n\n (ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and\n\n (c) the person’s student income bank balance is reduced to nil during the instalment period;\n\n (d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and\n\n (e) if the determination is attributable to the person’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil.\n\n (6) Subject to subsections (6A) and (6B), if:\n\n (b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and\n\n (c) the notice relates to the payment of the partner’s social security payment in respect of a period specified in the notice; and\n\n (d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and\n\n (e) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment;\n\nthe determination takes effect on the day on which the matter arose.\n\n (6A) If:\n\n (b) the partner has not reached pension age; and\n\n (c) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and\n\n (d) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and\n\n (e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and\n\n (f) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment; and\n\n (g) the determination is made because the partner is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period;\n\n (h) if the adverse determination is attributable to the reduction, during the instalment period, of the partner’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and\n\n (i) if the determination is attributable to the partner’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day of the instalment period on which the opening balance was nil; and\n\n (j) in any other case—the first day of the instalment period.\n\n (6B) If:\n\n (b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and\n\n (c) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and\n\n (d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and\n\n (e) the partner’s student income bank balance is reduced to nil during the instalment period; and\n\n (f) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment; and\n\n (g) the determination is made because, in the instalment period, either:\n\n (i) the partner earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or\n\n (ii) the partner has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income;\n\n (h) if the determination is attributable to the reduction of the partner’s student income bank balance to nil—the day on which the balance was so reduced; and\n\n (i) if the determination is attributable to the partner’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the partner’s opening balance was nil.\n\n (a) the person whose social security payment is affected by the adverse determination has contravened a provision of this Act or a provision of the 1991 Act (other than an excluded provision); and\n\n (b) the contravention causes a delay in the making of the determination;\n\nthe adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.\n\n (7A) Subsection (7) does not apply to a determination under subsection 81(3).\n\n (8) If:\n\n (a) a person has made a false statement or misrepresentation; and\n\n (b) because of the false statement or misrepresentation, a social security payment has been paid to a person when it should have been cancelled or suspended;\n\nthe adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.\n\n (a) a person has made a false statement or misrepresentation; and\n\n (b) because of the false statement or misrepresentation, the rate at which a social security payment was paid to a person was higher than it should have been;\n\nthe adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.\n\n (a) a person’s social security payment is suspended under section 80, 81 or 82; and\n\n (b) the payment is subsequently cancelled under section 80, 81 or 82;\n\nthe determination by which the payment is cancelled takes effect on the day on which the payment was suspended.\n\n (11A) Despite subsection (11), a determination under section 80 or subsection 81(3) cancelling a person’s social security payment that has already been suspended under subsection 81(3) takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.\n\n (12) An adverse determination in relation to telephone allowance takes effect:\n\n (12A) If:\n\n (a) a decision (the social security decision) was made that rent assistance (the social security rent assistance) was to be included when calculating a person’s rate of social security payment for each day in a period; and\n\n (b) the condition in subsection (12B) is met for each day in that period (which is about rent assistance also being included in family tax benefit); and\n\n (c) because the inclusion of the social security rent assistance was contrary to Part 3.7 of the 1991 Act, an adverse determination is made to reduce the rate of, or cancel, the person’s social security payment for each day in that period;\n\nthe adverse determination takes effect on the first day of that period.\n\n (12B) The condition in this subsection is met for each day in a period if:\n\n (a) both of the following apply:\n\n (i) the person was a member of a couple (other than an illness separated couple, a respite care couple or a temporarily separated couple) on each day in the period;\n\n (ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person’s, or the person’s partner’s, Part A rate of family tax benefit for each day in the period; or\n\n (b) both of the following apply:\n\n (i) the person was not a member of a couple, or was a member of an illness separated couple, a respite care couple, or a temporarily separated couple, on each day in the period;\n\n (ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person’s Part A rate of family tax benefit for each day in the period; or\n\n (c) all of the following apply:\n\n (i) when the social security decision was made, no determination of a kind mentioned in subparagraph (a)(ii) or (b)(ii) (as the case requires) was in force;\n\n (ii) after the social security decision was made, such a determination was made;\n\n (iii) each day in the period either is, or comes after, the day on which the determination was made.\n\n (12C) If:\n\n (a) an adverse determination is made under section 80 suspending the payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit to a person; and\n\n (b) the determination was made because of the application of:\n\n (i) subsection 42P(1) or 42S(1) (if the payment is a participation payment and the person is a declared program participant); or\n\n (ii) section 550B or 551 of the 1991 Act (if the payment is a youth allowance); or\n\n (iii) section 576A or 577 of the 1991 Act (if the payment is an austudy payment);\n\nthe determination is taken to have taken effect on the day of the start of the period for which the payment, allowance or benefit is not payable because of that section.\n\n (12D) However, subsection (12C) does not apply to an adverse determination if the determination would take effect on an earlier day under another provision of this Act.\n\n (13) In any other case, an adverse determination takes effect:\n\n (14) For the purposes of subsection (7), the excluded provisions are:\n\n (a) subsections 67(2), 68(2) and 69(2) of this Act to the extent that they relate to the giving of a notice requiring a person to give a statement to the Department; and\n\n (b) sections 192, 193, 194 and 195 of this Act.\n\n","sortOrder":225},{"sectionNumber":"120","sectionType":"section","heading":"Additional rules in the case of carer payment","content":"120  Additional rules in the case of carer payment\n\n (a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and\n\n (b) the determination is based on an assessment of the taxable income of the care receiver, or any of the care receivers, for a tax year; and\n\n (c) the assessment is subsequently amended by the Commissioner of Taxation, a tribunal or a court; and\n\n (d) as a result of the amendment of the assessment, the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, is more than the income ceiling under section 198A of the 1991 Act; and\n\n (e) the Secretary makes a determination under section 80 cancelling or suspending the carer payment;\n\nthe adverse determination takes effect on the day on which the earlier determination took effect.\n\n (a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and\n\n (b) in making the determination, the Secretary had regard to the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, for a tax year; and\n\n (c) the taxable income of the care receiver or any of the care receivers is or includes an amount estimated by:\n\n (i) in the case of a care receiver who is a higher ADAT score adult—the care receiver or the care receiver’s partner; or\n\n (ii) in the case of a care receiver who is a sole care child, combined care child or multiple care child—the parent of the care receiver, the parent’s partner (if the parent is a member of a couple) or the carer; or\n\n (iii) in the case of a care receiver who is a lower ADAT score adult—the carer or the care receiver’s partner; or\n\n (iv) in the case of a care receiver who is a dependent child of a lower ADAT score adult—the carer or the care receiver’s parent; and\n\n (d) the Commissioner of Taxation subsequently makes an assessment of that taxable income; and\n\n (e) as a result of the assessment, the taxable income of the care receiver or the sum of the taxable incomes of the care receivers is more than the income ceiling under section 198A of the 1991 Act; and\n\n (f) the Secretary makes a determination under section 80 cancelling or suspending the carer payment;\n\nthe adverse determination takes effect on the day on which the earlier determination took effect.\n\n (a) on the basis of the taxable income for a tax year of a care receiver who is a higher ADAT score adult, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and\n\n (b) the care receiver’s taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n (d) if the Secretary made the determination under section 80 after the carer or care receiver informed the Department that the care receiver’s taxable income exceeded the income ceiling—on the day on which the carer or care receiver informed the Department; or\n\n (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the care receiver that the care receiver’s taxable income exceeded the income ceiling—on the day on which the care receiver’s taxable income exceeded the income ceiling.\n\n (a) on the basis of the taxable income for a tax year of a care receiver who is a sole care child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and\n\n (b) the care receiver’s taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n (d) if the Secretary made the determination under section 80 after the parent or carer of the child informed the Department that the care receiver’s taxable income exceeded the income ceiling—on the day on which the parent or carer informed the Department; or\n\n (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the parent or carer that the care receiver’s taxable income exceeded the income ceiling—on the day on which the care receiver’s taxable income exceeded the income ceiling.\n\n (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are combined care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and\n\n (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n (d) if the Secretary made the determination under section 80 after a parent or carer of any of the children informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the parent or carer informed the Department; or\n\n (e) if, when the Secretary made the determination under section 80, the Department had not been informed by a parent or carer of any of the children that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes of the care receivers exceeded the income ceiling.\n\n (5A) If:\n\n (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and one or more multiple care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and\n\n (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n (d) if the Secretary made the determination under section 80 after the carer or the lower ADAT score adult informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or\n\n (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the lower ADAT score adult that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes exceeds the income ceiling.\n\n (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and a dependent child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and\n\n (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n (d) if the Secretary made the determination under section 80 after the carer, the lower ADAT score adult or a parent of the dependent child informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or\n\n (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer, the lower ADAT score adult or a parent of the dependent child that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes exceed the income ceiling.\n\nSubdivision E—Date of effect of adverse determinations relating to concession cards\n\n","sortOrder":226},{"sectionNumber":"121","sectionType":"section","heading":"Definition","content":"121  Definition\n\nadverse determination means a determination under subsection 77(1) or (3) determining that a seniors health card, or a health care card that is income‑tested for a person, is to be cancelled or under section 86 or 87.\n\n","sortOrder":227},{"sectionNumber":"122","sectionType":"section","heading":"Date of effect of adverse determinations","content":"122  Date of effect of adverse determinations\n\n  An adverse determination takes effect:\n\n","sortOrder":228},{"sectionNumber":"Div 10","sectionType":"division","heading":"Continuing effect of determinations","content":"Division 10—Continuing effect of determinations\n\n","sortOrder":229},{"sectionNumber":"123","sectionType":"section","heading":"Continuing effect of determinations","content":"123  Continuing effect of determinations\n\n (1) A determination that:\n\n (a) a person’s claim for a social security payment is granted; or\n\n (b) a social security payment is payable to a person;\n\ncontinues in effect until:\n\n (ba) the payment is cancelled by section 38M of the 1991 Act, or subsection 42AM(4) or section 42AP of this Act; or\n\n (bb) immediately before the start of a payment suspension period for the person under section 42AL; or\n\n (c) a further determination in relation to the payment under section 80, 81 or 82, subsection 95C(1) or section 124H, 124M or 124NF takes effect; or\n\n (d) the payment ceases to be payable under section 90, 91, 93, 94 or 95; or\n\n (e) the end of the day immediately before the day on which the person dies.\n\n (2) A determination that a person is qualified for a concession card continues in effect until:\n\n (a) a further determination under subsection 77(1) or (3) or section 86 or 87 takes effect; or\n\n (b) the person ceases to be qualified under section 104 or 105.\n\n (3) A determination of the rate of a social security payment continues in effect until:\n\n (a) a further determination in relation to the payment under section 78, 79, 81A or 85A takes effect; or\n\n (b) the payment becomes payable at a lower rate under section 98, 99 or 100.\n\n","sortOrder":230},{"sectionNumber":"Div 11","sectionType":"division","heading":"Estimates and verification of maintenance income for Youth Allowance Rate Calculator","content":"Division 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator\n\n123AA  Estimate of maintenance income for Youth Allowance Rate Calculator\n\n (1) In working out the annualised amount of maintenance income for the parent of a person for the purposes of the maintenance income test in Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the Secretary may have regard to an estimate of the amount of maintenance income for a period made by, or given to, the Secretary, if the Secretary is satisfied that the estimate is reasonable.\n\n (2) If the Secretary has no reason to believe that there is any amount of maintenance income for the parent of the person for the period, the Secretary is taken to have had regard to an estimate of nil.\n\n123AB  Verification of maintenance income for Youth Allowance Rate Calculator\n\n (1) The method statement in this section applies if the Secretary is required by section 126A to review one or more decisions determining a rate of youth allowance for a person for a period or periods in an income year.\n\nStep 1. Work out the amount of maintenance income for a parent of the person for the income year using the information referred to in paragraph 126A(c). In doing so:\n\n (a) assume that the person is an FTB child of the parent for the year; and\n\n (b) only take into account maintenance income received in relation to the person; and\n\n (c) in working out whether maintenance income is received in relation to the person, have regard to the considerations that would apply under the Family Assistance Act.\n\n This amount is the parent’s actual maintenance income for the income year.\n\nStep 2. Work out the annualised maintenance income free area for the parent for the income year under section 123AC.\n\nStep 3. Work out the annual amount of estimated maintenance income for the parent under section 123AD.\n\nStep 4. Go to subsection (2) if the actual maintenance income is equal to or more than the annual amount of estimated maintenance income and either:\n\n (a) the actual maintenance income is less than 125% of the annualised maintenance income free area; or\n\n (b) the actual maintenance income is equal to or more than 125% of the annualised maintenance income free area and the actual maintenance income is less than 125% of the annual amount of estimated maintenance income.\n\nStep 5. Go to subsection (3) in any other case.\n\n (2) If the method statement says go to this subsection, the Secretary must affirm the decision or decisions under review.\n\n (3) If the method statement says go to this subsection, the Secretary must recalculate the person’s rate of youth allowance having regard to the parent’s actual maintenance income for the income year and vary or substitute the decision or decisions under review accordingly.\n\n123AC  Annualised maintenance income free area\n\n  For the purposes of the method statement in section 123AB, work out the annualised maintenance income free area for a parent of the person for the income year using this method statement.\n\nStep 1. Using Submodule 4 of Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, work out whether the maintenance income free area (the MIFA) for the parent was the same on all days in the income year. If it was, then that MIFA is the annualised maintenance income free area for the parent for the income year.\n\nStep 2. If the MIFA for the parent was not the same on all days in the income year, work out for how many days in the income year each MIFA applied.\n\nStep 3. Work out the MIFA share for each such period by using this formula:\n\n ![Start formula MIFA times start fraction Number of days in the period over Number of days in the income year end fraction end formula](image.005.png)\n\nStep 4. Add up the MIFA share for each such period in the income year. The result is the annualised maintenance income free area for the parent for the income year.\n\n123AD  Annual amount of estimated maintenance income\n\n  For the purposes of the method statement in section 123AB, work out the annual amount of estimated maintenance income for a parent of a person using this method statement.\n\nStep 1. For each estimate of maintenance income of a parent of a person that applied in relation to a period in the income year, work out the annualised estimate by multiplying the amount of the estimate by:\n\n ![Start formula start fraction Number of days in income year over Number of days in income year for which estimate applied end fraction end formula](image.006.png)\n\nStep 2. For each annualised estimate worked out in step 1 for the income year, work out the period estimate by multiplying the annualised estimate by:\n\n ![Start formula start fraction Number of days in income year for which estimate applied over Number of days in income year end fraction end formula](image.007.png)\n\nStep 3. Add up all the period estimates for periods that occurred in the income year. This is the annual amount of estimated maintenance income for the parent for the income year.\n\nPart 3A—Nominees\n\nDivision 1—Preliminary\n\n123A  Definitions\n\ncorrespondence nominee means a person who, by virtue of an appointment in force under section 123C, is the correspondence nominee of another person.\n\nnominee means a correspondence nominee or a payment nominee.\n\npayment nominee means:\n\n (a) a person who, by virtue of an appointment in force under section 123B, is the payment nominee of another person; or\n\n (b) a person to whom instalments of youth allowance of another person are to be paid in accordance with subsection 45(1).\n\nprincipal, in relation to a nominee, means:\n\n (a) in the case of a nominee appointed under section 123B or 123C, the person in relation to whom the nominee was appointed; or\n\n (b) in the case of a person to whom instalments of youth allowance are to be paid in accordance with subsection 45(1), the person on whose behalf those instalments are to be so paid.\n\nrelevant payment means:\n\n (a) instalments of a social security periodic payment; or\n\n (b) instalments of a special employment advance; or\n\n (c) a social security payment that is a lump sum benefit for the purposes of section 47; or\n\n (ca) a clean energy payment; or\n\n (d) instalments of utilities allowance; or\n\n (e) instalments of energy supplement under Part 2.25B of the 1991 Act; or\n\n (f) a payment of quarterly pension supplement; or\n\n (g) a payment of a student start‑up loan.\n\nDivision 2—Appointment of nominees\n\n","sortOrder":231},{"sectionNumber":"123B","sectionType":"section","heading":"Appointment of payment nominee","content":"123B  Appointment of payment nominee\n\n  Subject to section 123D, the Secretary may, in writing:\n\n (a) appoint a person (including a body corporate) to be the payment nominee of another person for the purposes of the social security law; and\n\n (b) direct that the whole or a specified part of a specified relevant payment that is payable to the nominee’s principal, or would, but for subsection 45(1), be so payable, is to be paid to the nominee.\n\n","sortOrder":232},{"sectionNumber":"123C","sectionType":"section","heading":"Appointment of correspondence nominee","content":"123C  Appointment of correspondence nominee\n\n  Subject to section 123D, the Secretary may, in writing, appoint a person (including a body corporate) to be the correspondence nominee of another person for the purposes of the social security law.\n\n","sortOrder":233},{"sectionNumber":"123D","sectionType":"section","heading":"Provisions relating to appointments","content":"123D  Provisions relating to appointments\n\n (1) A person may be appointed as the payment nominee and the correspondence nominee of the same person.\n\n (2) The Secretary must not appoint a nominee for a person (the proposed principal) under section 123B or 123C except:\n\n (a) with the written consent of the person to be appointed; and\n\n (b) after taking into consideration the wishes (if any) of the proposed principal regarding the making of such an appointment.\n\n (3) The Secretary must cause a copy of an appointment under section 123B or 123C to be given to:\n\n (a) the nominee; and\n\n (b) the principal.\n\n (4) The Secretary must not appoint a payment nominee for a person who is the holder of a concession card but is not receiving a social security payment.\n\n","sortOrder":234},{"sectionNumber":"123E","sectionType":"section","heading":"Suspension and revocation of nominee appointments","content":"123E  Suspension and revocation of nominee appointments\n\n (1) If a person who is a nominee by virtue of an appointment under section 123B or 123C informs the Secretary in writing that the person no longer wishes to be a nominee under that appointment, the Secretary must, as soon as practicable, revoke the appointment.\n\n (a) the Secretary gives a person who is a nominee a notice under section 123K; and\n\n (b) the person informs the Department that:\n\n (i) an event or change of circumstances has occurred or is likely to occur; and\n\n (ii) the event or change of circumstances is likely to have an effect referred to in paragraph 123K(1)(b);\n\nthe Secretary may suspend or revoke the appointment by virtue of which the person is a nominee.\n\n (a) the Secretary gives a person who is a nominee a notice under section 123K or 123L; and\n\nthe Secretary may suspend or revoke the appointment, or each appointment, by virtue of which the person is a nominee.\n\n (4) While an appointment is suspended, the appointment has no effect for the purposes of this Part.\n\n (5) The Secretary may, at any time, cancel the suspension of an appointment under subsection (2) or (3).\n\n (6) The suspension or revocation of an appointment, and the cancellation of such a suspension, must be in writing.\n\n (7) The revocation of an appointment has effect on and from such day, being later than the day of the revocation, as is specified in the revocation.\n\n (8) Subsections (2) and (3) do not apply to a person who is a payment nominee by virtue of paragraph (b) of the definition of payment nominee in section 123A.\n\n (9) The Secretary must cause a copy of:\n\n (a) a suspension of an appointment; or\n\n (b) a revocation of an appointment; or\n\n (c) a cancellation of a suspension of an appointment;\n\nto be given to:\n\n (d) the nominee; and\n\n (e) the principal.\n\nDivision 3—Payments to payment nominee\n\n","sortOrder":235},{"sectionNumber":"123F","sectionType":"section","heading":"Payment of instalments etc. to payment nominee","content":"123F  Payment of instalments etc. to payment nominee\n\n (a) a person has a payment nominee; and\n\n (b) the whole or a part of a relevant payment is payable to the person, or would, but for subsection 45(1), be so payable; and\n\n (c) the Secretary has given a direction in relation to the relevant payment under section 123B;\n\nthe relevant payment is to be paid in accordance with the direction.\n\n (2) An amount paid to the payment nominee of a person:\n\n (a) is paid to the payment nominee on behalf of the person; and\n\n (b) is taken, for the purposes of the social security law (other than this Part), to have been paid to the person and to have been so paid when it was paid to the nominee.\n\n (3) An amount that is to be paid to the payment nominee of a person must be paid to the credit of a bank account nominated and maintained by the nominee.\n\n (4) The Secretary may direct that the whole or a part of an amount that is to be paid to a payment nominee be paid to the payment nominee in a different way from that provided for by subsection (3). If the Secretary gives such a direction, an amount to which the direction relates is to be paid in accordance with the direction.\n\n (5) Subsections (3) and (4) do not apply in the case of a person who is a payment nominee by virtue of paragraph (b) of the definition of payment nominee in section 123A.\n\nDivision 4—Functions and responsibilities of nominees\n\n","sortOrder":236},{"sectionNumber":"123G","sectionType":"section","heading":"Definition","content":"123G  Definition\n\n  In this Division:\n\nbenefit recipient means a person who:\n\n (a) has made a claim for, or is receiving, a social security payment; or\n\n (b) has made a claim for, or is the holder of, a concession card.\n\n","sortOrder":237},{"sectionNumber":"123H","sectionType":"section","heading":"Actions of correspondence nominee on behalf of benefit recipient","content":"123H  Actions of correspondence nominee on behalf of benefit recipient\n\n (1) Subject to section 123S and subsection (4), any act that may be done by a benefit recipient under, or for the purposes of, the social security law (other than an act for the purposes of Division 2 or 3) may be done by the benefit recipient’s correspondence nominee.\n\n (2) Without limiting subsection (1), an application or claim that may be made under the social security law by a benefit recipient may be made by the benefit recipient’s correspondence nominee on behalf of the benefit recipient, and an application or claim so made is taken to be made by the benefit recipient.\n\n (3) An act done by a benefit recipient’s correspondence nominee under this section has effect, for the purposes of the social security law (other than this Part), as if it had been done by the benefit recipient.\n\n (4) If, under a provision of the social security law, the Secretary:\n\n (a) gives to a benefit recipient who has a correspondence nominee a notice making a requirement of the benefit recipient; or\n\n (b) notifies a benefit recipient who has a correspondence nominee that the benefit recipient is required to do an act;\n\nsubsection (1) does not authorise the correspondence nominee to do an act that is required by the notice or the notification, as the case may be, to be done by the benefit recipient.\n\n","sortOrder":238},{"sectionNumber":"123I","sectionType":"section","heading":"Giving of notices to correspondence nominee","content":"123I  Giving of notices to correspondence nominee\n\n (1) Any notice that the Secretary is authorised or required by the social security law to give to a benefit recipient may be given by the Secretary to the benefit recipient’s correspondence nominee.\n\n (2) The notice:\n\n (a) must, in every respect, be in the same form, and in the same terms, as if it were being given to the benefit recipient; and\n\n (b) may be given to the correspondence nominee personally or by post or in any other manner approved by the Secretary.\n\n (a) under subsection (1), the Secretary gives a notice (the nominee notice) to a benefit recipient’s correspondence nominee; and\n\n (b) the Secretary afterwards gives the benefit recipient a notice that:\n\n (i) is expressed to be given under the same provision of the social security law as the nominee notice; and\n\n (ii) makes the same requirement of the benefit recipient as the nominee notice;\n\nsection 123J ceases to have effect in relation to the nominee notice.\n\n (a) under subsection (1), the Secretary gives a notice (the nominee notice) to a benefit recipient’s correspondence nominee; and\n\n (b) the Secretary has already given to the benefit recipient a notice that:\n\n (i) is expressed to be given under the same provision of the social security law as the nominee notice; and\n\n (ii) makes the same requirement of the benefit recipient as the nominee notice;\n\nsection 123J does not have effect in relation to the nominee notice.\n\n","sortOrder":239},{"sectionNumber":"123J","sectionType":"section","heading":"Compliance by correspondence nominee","content":"123J  Compliance by correspondence nominee\n\n (1) If, under section 123I, a notice is given to a benefit recipient’s correspondence nominee, the following paragraphs have effect:\n\n (a) for the purposes of the social security law, other than this Part, the notice is taken:\n\n (i) to have been given to the benefit recipient; and\n\n (ii) to have been so given on the day on which the notice was given to the correspondence nominee;\n\n (b) any requirement that the notice makes of the benefit recipient may be satisfied by the correspondence nominee;\n\n (c) any act done by the correspondence nominee for the purpose of satisfying a requirement of the notice has effect, for the purposes of the social security law (other than Part 6 of this Act), as if it had been done by the benefit recipient;\n\n (d) if the correspondence nominee fails to satisfy a requirement of the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement;\n\n (e) for the purposes of determining whether anything done by the correspondence nominee constitutes compliance with the notice, the social security law has effect as if a reference in the notice to the benefit recipient becoming aware that a specified event or change of circumstances is likely to occur were a reference to the correspondence nominee becoming so aware.\n\n (2) In order to avoid doubt, and without limiting subsection (1), it is declared as follows:\n\n (a) if the notice requires the benefit recipient to inform the Department of a matter within a specified period and the correspondence nominee informs the Department of the matter within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have complied with the requirement set out in the notice;\n\n (b) if the notice requires the benefit recipient to give a statement about a matter, or produce a document, to the Department within a specified period and the correspondence nominee gives a statement about that matter, or produces the document, as the case may be, to the Department within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have complied with the requirement set out in the notice;\n\n (c) if the notice requires the benefit recipient to inform the Department of a matter within a specified period and the correspondence nominee does not inform the Department of the matter within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement set out in the notice;\n\n (d) if the notice requires the benefit recipient to give a statement about a matter, or produce a document, to the Department within a specified period and the correspondence nominee does not give a statement about that matter, or produce the document, as the case may be, to the Department within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement set out in the notice.\n\n","sortOrder":240},{"sectionNumber":"123K","sectionType":"section","heading":"Notification by nominee of matters affecting ability to act as nominee","content":"123K  Notification by nominee of matters affecting ability to act as nominee\n\n (1) The Secretary may give a nominee of a benefit recipient a notice that requires the nominee to inform the Department if:\n\n (i) an event or change of circumstances occurs; or\n\n (ii) the nominee becomes aware that an event or change of circumstances is likely to occur; and\n\n (b) the event or change of circumstances is likely to affect:\n\n (i) the ability of the nominee to act as the payment nominee or correspondence nominee of the benefit recipient, as the case may be; or\n\n (ii) the ability of the Secretary to give notices to the nominee under this Act; or\n\n (iii) the ability of the nominee to comply with notices given to the nominee by the Secretary under this Act.\n\n (2) Subject to subsection (3), a notice under subsection (1):\n\n (a) must be in writing; and\n\n (b) may be given personally or by post or by any other means approved by the Secretary; and\n\n (c) must specify how the nominee is to give the information to the Department; and\n\n (d) must specify the period within which the nominee is to give the information to the Department.\n\n (3) A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).\n\n (4) Subject to subsection (5), the period specified under paragraph (2)(d) must not end earlier than 14 days after:\n\n (a) the day on which the event or change of circumstances occurs; or\n\n (b) the day on which the nominee becomes aware that the event or change of circumstances is likely to occur.\n\n (5) If a notice requires the nominee to inform the Department of any proposal by the nominee to leave Australia, subsection (4) does not apply to that requirement.\n\n (6) This section extends to:\n\n (b) all persons, irrespective of their nationality or citizenship.\n\n","sortOrder":241},{"sectionNumber":"123L","sectionType":"section","heading":"Statement by payment nominee regarding disposal of money","content":"123L  Statement by payment nominee regarding disposal of money\n\n (1) The Secretary may give the payment nominee of a benefit recipient a notice that requires the nominee to give the Department a statement giving particulars of the disposal by the nominee of money paid under the social security law to the nominee on behalf of the benefit recipient.\n\n (2) Subject to subsection (3), a notice under subsection (1):\n\n (a) must be in writing; and\n\n (b) may be given personally or by post or by any other means approved by the Secretary; and\n\n (c) must specify how the nominee is to give the statement to the Department; and\n\n (d) must specify the period within which the nominee is to give the statement to the Department.\n\n (3) A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).\n\n (4) The period specified under paragraph (2)(d) must not end earlier than 14 days after the day on which the notice is given.\n\n (5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.\n\n (6) A nominee must not refuse or fail to comply with a notice under subsection (1).\n\nPenalty: 60 penalty units.\n\n (7) Subsection (6) applies only to the extent to which the person is capable of complying with the notice.\n\n (8) Subsection (6) does not apply if the person has a reasonable excuse.\n\n (9) An offence against subsection (6) is an offence of strict liability.\n\n (10) This section extends to:\n\n (b) all persons, irrespective of their nationality or citizenship.\n\n","sortOrder":242},{"sectionNumber":"123M","sectionType":"section","heading":"Protection of principal against liability for actions of nominee","content":"123M  Protection of principal against liability for actions of nominee\n\n  Nothing in this Part has the effect of rendering a person guilty of an offence against this Act in respect of any act or omission of the person’s correspondence nominee.\n\n","sortOrder":243},{"sectionNumber":"123N","sectionType":"section","heading":"Protection of nominee against criminal liability","content":"123N  Protection of nominee against criminal liability\n\n (1) A nominee is not subject to any criminal liability under the social security law in respect of:\n\n (a) any act or omission of the principal; or\n\n (b) anything done, in good faith, by the nominee in his or her capacity as nominee.\n\n (2) This section has effect subject to section 123L.\n\n","sortOrder":244},{"sectionNumber":"123O","sectionType":"section","heading":"Duty of nominee to principal","content":"123O  Duty of nominee to principal\n\n (1) It is the duty of a person who is the payment or correspondence nominee of another person at all times to act in the best interests of the principal.\n\n (2) A nominee does not commit a breach of the duty imposed by subsection (1) by doing an act if, when the act is done, there are reasonable grounds for believing that it is in the best interests of the principal that the act be done.\n\n (3) A nominee does not commit a breach of the duty imposed by subsection (1) by refraining from doing an act if, at the relevant time, there are reasonable grounds for believing that it is in the best interests of the principal that the act be not done.\n\n","sortOrder":245},{"sectionNumber":"123P","sectionType":"section","heading":"Saving of Secretary’s powers of revocation","content":"123P  Saving of Secretary’s powers of revocation\n\n  Nothing in this Part is to be taken to be an expression of a contrary intention for the purposes of subsection 33(3) of the Acts Interpretation Act 1901.\n\n","sortOrder":246},{"sectionNumber":"123Q","sectionType":"section","heading":"Saving of Secretary’s powers to give notices to principal","content":"123Q  Saving of Secretary’s powers to give notices to principal\n\n  Nothing in this Part is intended in any way to limit or affect the Secretary’s powers under other provisions of the social security law to give notices to, or make requirements of, a person who has a nominee.\n\n","sortOrder":247},{"sectionNumber":"123R","sectionType":"section","heading":"Notification of nominee where notice given to principal","content":"123R  Notification of nominee where notice given to principal\n\n  If, under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee, the Secretary may inform the correspondence nominee of the giving of the notice and of the terms of the notice.\n\n","sortOrder":248},{"sectionNumber":"123S","sectionType":"section","heading":"Right of nominee to attend with principal","content":"123S  Right of nominee to attend with principal\n\n (a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and\n\n (b) the notice requires the person:\n\n (i) to attend the Department; or\n\n (ii) to attend a particular place; and\n\n (c) the Secretary informs the person’s correspondence nominee of the giving of the notice;\n\nthe correspondence nominee may attend the Department or place, as the case may be, with the person if the person so wishes.\n\n (a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and\n\n (b) the notice requires the person to undergo a medical, psychiatric or psychological examination;\n\nthe correspondence nominee may accompany the person while the examination is being conducted:\n\n (c) if the person so wishes; and\n\n (d) to the extent to which the person conducting the examination consents.\n\n (3) If a person’s correspondence nominee is a body corporate, the last reference in subsection (1) or (2) to the correspondence nominee is to be read as a reference to an officer or employee of the correspondence nominee.\n\nPart 3AA—Enhanced income management regime\n\n123SA  Simplified outline of this Part\n\n• There is an enhanced income management regime for recipients of certain welfare payments.\n\n• A person may become subject to the enhanced income management regime because:\n\n (a) the Queensland Commission requires the person to be subject to the enhanced income management regime; or\n\n (b) a child protection officer of a State or Territory requires the person to be subject to the enhanced income management regime; or\n\n (c) the person, or the person’s partner, has a child who does not meet school enrolment requirements; or\n\n (d) the person, or the person’s partner, has a child who has unsatisfactory school attendance; or\n\n (e) an officer or employee of a recognised State/Territory authority requires the person to be subject to the enhanced income management regime; or\n\n (f) the Secretary has determined that the person is a vulnerable welfare payment recipient; or\n\n (g) the person meets the criteria relating to disengaged youth; or\n\n (h) the person meets the criteria relating to long‑term welfare payment recipients; or\n\n (i) the person voluntarily agrees to be subject to the enhanced income management regime.\n\n• A person may also become subject to the enhanced income management regime in certain circumstances where the person requests to transfer from the income management regime under Part 3B.\n\n• Certain welfare payments are divided into qualified and unqualified portions, with the qualified portions being credited to a BasicsCard bank account. The amount of each portion may be varied by the Secretary. Recipients are unable to spend the qualified portions of such payments on certain goods or services such as alcohol, tobacco products or gambling.\n\n123SB  Definitions\n\napplicable school period has the meaning given by section 123SCG.\n\nbalance of the qualified portion, of a category B welfare payment, a category D welfare payment or a relevant payment, means:\n\n (a) if a deduction is to be made from, or an amount is to be set off against, the payment under:\n\n (i) section 61, 61A or 238 of this Act; or\n\n (ii) section 1231 of the 1991 Act; or\n\n (iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act;\n\n  the amount of the qualified portion of the payment less the amount of the deduction or the amount of the set‑off; or\n\n (b) in any other case—the amount of the qualified portion of the payment.\n\nBasicsCard bank account means a bank account of a kind determined by a legislative instrument made under section 123SU.\n\nBundaberg and Hervey Bay area means the area within the boundaries of the Division (within the meaning of the Commonwealth Electoral Act 1918) of Hinkler, as those boundaries were in force on 31 May 2018.\n\ncash‑like product includes the following:\n\n (a) a gift card, store card, voucher or similar article (whether in a physical or electronic form);\n\n (b) a money order, postal order or similar order (whether in a physical or electronic form);\n\n (c) digital currency.\n\ncategory A welfare payment means:\n\n (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.\n\ncategory B welfare payment means:\n\n (a) a category A welfare payment; or\n\n (g) child disability assistance; or\n\n (h) carer supplement; or\n\n (j) pensioner education supplement; or\n\n (k) telephone allowance under Part 2.25 of the 1991 Act; or\n\n (m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n (n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n (o) a social security bereavement payment; or\n\n (p) an advance payment under Part 2.22 of the 1991 Act; or\n\n (q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n (r) a mobility allowance advance under section 1045 of the 1991 Act.\n\ncategory C welfare payment means:\n\n (a) youth allowance; or\n\n (b) jobseeker payment; or\n\n (c) special benefit; or\n\n (d) pension PP (single); or\n\n (e) benefit PP (partnered).\n\ncategory D welfare payment means:\n\n (b) a disability support pension; or\n\n (c) a carer payment; or\n\n (d) a pension PP (single); or\n\n (e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or\n\n (f) double orphan pension; or\n\n (g) family tax benefit under the Family Assistance Act; or\n\n (h) family tax benefit advance under the Family Assistance Administration Act; or\n\n (i) stillborn baby payment under the Family Assistance Act; or\n\n (j) carer allowance; or\n\n (k) child disability assistance; or\n\n (l) carer supplement; or\n\n (m) mobility allowance; or\n\n (n) pensioner education supplement; or\n\n (o) telephone allowance under Part 2.25 of the 1991 Act; or\n\n (p) utilities allowance under Part 2.25A of the 1991 Act; or\n\n (q) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n (r) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n (s) a social security bereavement payment; or\n\n (t) an advance payment under Part 2.22 of the 1991 Act; or\n\n (u) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n (v) a mobility allowance advance under section 1045 of the 1991 Act.\n\ncategory F welfare payment means:\n\n (b) a disability support pension; or\n\n (c) a carer payment; or\n\n (d) a pension PP (single); or\n\n (e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.\n\ncategory G welfare payment means:\n\n (a) a category F welfare payment; or\n\n (g) child disability assistance; or\n\n (h) carer supplement; or\n\n (j) pensioner education supplement; or\n\n (k) telephone allowance under Part 2.25 of the 1991 Act; or\n\n (m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n (n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n (o) a social security bereavement payment; or\n\n (p) an advance payment under Part 2.22 of the 1991 Act; or\n\n (q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n (r) a mobility allowance advance under section 1045 of the 1991 Act.\n\nCeduna area means Ceduna within the meaning of the Social Security (Administration) (Trial Area — Ceduna and Surrounding Region) Determination 2015 as in force on 15 March 2016 and includes the Surrounding Region (within the meaning of that determination as so in force).\n\nchild protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.\n\ndeclared child protection State or Territory has the meaning given by subsection 123SCA(7).\n\ndeclared primary school area has the meaning given by subsection 123SCF(1).\n\ndeclared secondary school area has the meaning given by subsection 123SCF(3).\n\nEast Kimberley area means East Kimberley within the meaning of the Social Security (Administration) (Trial Area – East Kimberley) Determination 2016 as in force on 26 April 2016 and includes the areas of each of the Included Communities (within the meaning of that determination as so in force).\n\neligible care child has the meaning given by section 123SCD.\n\neligible care period has the meaning given by section 123SCE.\n\neligible recipient has the same meaning as in Part 3B.\n\nequivalent rate of special benefit, in relation to a person, means a rate of special benefit equivalent to the maximum basic rate of youth allowance that the person would receive if the person were qualified for youth allowance.\n\nexcluded goods has the same meaning as in Part 3B.\n\nexcluded service has the same meaning as in Part 3B.\n\nexempt welfare payment recipient has the meaning given by section 123SDB, 123SDC or 123SDD.\n\nfamily law order means:\n\n (a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or\n\n (b) a family violence order within the meaning of section 4 of that Act; or\n\n (c) a State child order registered under section 70D of that Act; or\n\n (d) an overseas child order registered under section 70G of that Act.\n\nfull‑time student has the meaning given by section 123SDE.\n\nGoldfields area means the following Local Government Areas as at 7 February 2018:\n\n (a) the Shire of Leonora;\n\n (b) the Shire of Laverton;\n\n (c) the City of Kalgoorlie‑Boulder;\n\n (d) the Shire of Coolgardie;\n\n (e) the Shire of Menzies.\n\nLocal Government Areas means areas designated by the Governor of Western Australia to be a city, town or shire, in accordance with the Local Government Act 1995 (WA).\n\nparenting plan has the same meaning as in the Family Law Act 1975.\n\nPart 3B payment nominee has the same meaning as in Part 3B.\n\nqualified portion:\n\n (a) of a category B welfare payment:\n\n (i) for a person who is subject to the enhanced income management regime under section 123SC—has the meaning given by section 123SJ; or\n\n (ii) for a person who is subject to the enhanced income management regime under section 123SCA—has the meaning given by section 123SLA; or\n\n (iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC—has the meaning given by section 123SLD; or\n\n (iv) for a person who is subject to the enhanced income management regime under section 123SCJ—has the meaning given by section 123SLG; or\n\n (v) for a person who is subject to the enhanced income management regime under section 123SE—has the meaning given by section 123SP; or\n\n (b) of a category D welfare payment, has the meaning given by section 123SM; or\n\n (c) of a relevant payment, has the meaning given by section 123SLJ.\n\nQueensland Commission has the same meaning as in Part 3B.\n\nrecognised State/Territory authority has the meaning given by subsection 123SCK(1).\n\nregistered parenting plan has the same meaning as in the Family Law Act 1975.\n\nrelevant payment, for a person who is subject to the enhanced income management regime under section 123SCL, means:\n\n (a) if the person has been given a transfer notice referred to in paragraph 123SCL(3)(c) and the notice is in force—a category B welfare payment; or\n\n (b) otherwise—a category G welfare payment.\n\nrepeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.\n\nschool age child has the meaning given by section 123SDF.\n\nState/Territory authority means:\n\n (a) department, or a part of a department, of a State or Territory; or\n\n (b) a body of a State or Territory; or\n\n (c) an agency of a State or Territory.\n\nsubject to the enhanced income management regime has the meaning given by Division 2.\n\nunqualified portion:\n\n (a) of a category B welfare payment:\n\n (i) for a person who is subject to the enhanced income management regime under section 123SC—has the meaning given by section 123SJ; or\n\n (ii) for a person who is subject to the enhanced income management regime under section 123SCA—has the meaning given by section 123SLA; or\n\n (iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC—has the meaning given by section 123SLD; or\n\n (iv) for a person who is subject to the enhanced income management regime under section 123SCJ—has the meaning given by section 123SLG; or\n\n (v) for a person who is subject to the enhanced income management regime under section 123SE—has the meaning given by section 123SP; or\n\n (b) of a category D welfare payment, has the meaning given by section 123SM; or\n\n (c) of a relevant payment, has the meaning given by section 123SLJ.\n\nunsatisfactory school attendance situation has the meaning given by section 123SCH.\n\nvoluntary enhanced income management agreement has the meaning given by section 123SF.\n\nvoluntary enhanced income management area has the meaning given by subsection 123SF(5).\n\nDivision 2—Persons subject to the enhanced income management regime\n\nSubdivision A—Queensland Commission\n\n123SC  Persons subject to the enhanced income management regime—Queensland Commission\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (b) the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and\n\n (c) the notice was given under a law of Queensland; and\n\n (d) at the test time, the notice had not been withdrawn or revoked and had not expired; and\n\n (e) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).\n\n (1A) Paragraph (1)(b) is taken to be satisfied if, on or after 6 March 2023, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.\n\n (2) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) on or after 6 March 2023 if:\n\n (b) subsection (3) applies in relation to the person; and\n\n (c) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).\n\n (3) This subsection applies in relation to a person if:\n\n (a) immediately before 6 March 2023, subitem 97(2) or (4) of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 applies in relation to the person and a notice; and\n\n (b) immediately before 6 March 2023, the person was a program participant under section 124PGD.\n\n (4) Subsection (3) ceases to apply in relation to the person if on or after 6 March 2023 the notice referred to in paragraph (3)(a) is withdrawn or revoked by the Queensland Commission or expires.\n\n (5) This section applies on and after 6 March 2023 despite item 97 of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020.\n\n123SCA  Persons subject to the enhanced income management regime—child protection\n\nPerson given notice by a child protection officer\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (b) a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and\n\n (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or\n\n (d) at the test time, the notice is in force; and\n\n (e) at the test time, the State or Territory is a declared child protection State or Territory; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC; and\n\n (h) subsection (2) or (3) of this section applies.\n\n (2) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UC(1).\n\n (4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the income management regime under section 123UC.\n\nPerson who has a Part 3B payment nominee subject to any income management\n\n (5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (ii) subject to the income management regime under subsection 123UC(1).\n\n (6) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (ii) subject to the income management regime under subsection 123UC(1); and\n\n (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UC(2).\n\n (7) The Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.\n\n123SCB  Persons subject to the enhanced income management regime—school enrolment\n\nPerson who has a child who is not enrolled at school\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (b) at the test time, the person, or the person’s partner, has an eligible care child; and\n\n (c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and\n\n (d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:\n\n (i) a primary school in a declared primary school area; or\n\n (ii) a secondary school in a declared secondary school area; and\n\n (e) at the test time, the eligible care child is not enrolled at:\n\n (i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or\n\n (ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and\n\n (h) at the test time, a determination under subsection (2) is not in force in relation to the person; and\n\n (i) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.\n\nIndividual determinations\n\n (3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).\n\n (4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).\n\n (5) A determination under subsection (2) is not a legislative instrument.\n\nMinister’s determination of conditions\n\n (6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(i).\n\nPerson who has a Part 3B payment nominee subject to enhanced income management\n\n (7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and\n\n (c) at the test time, the Part 3B payment nominee is subject to the enhanced income management regime under subsection (1).\n\nDocumentary evidence\n\n (8) If a person, or the person’s partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child’s enrolment at a school during a specified applicable school period.\n\n (9) A notice under subsection (8) must set out the effect of subsection (12).\n\n (10) The compliance period specified in a notice under subsection (8) must not be shorter than 7 days.\n\n (11) The Secretary may extend the compliance period specified in a notice under subsection (8).\n\n (12) If:\n\n (a) a person is given a notice under subsection (8); and\n\n (b) the person does not comply with the notice;\n\nthe Secretary may determine that subsection (1) has effect as if the eligible care child was not enrolled at any school at any time during the applicable school period specified in the notice.\n\n123SCC  Persons subject to the enhanced income management regime—school attendance\n\nPerson who has a child with unsatisfactory school attendance\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and\n\n (c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:\n\n (i) the person; or\n\n (ii) the person’s partner; and\n\n (d) at the test time, the child is enrolled at a school; and\n\n (e) if the school is a primary school—at the test time, the school is in a declared primary school area; and\n\n (f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and\n\n (g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123SCI; and\n\n (h) the whole or a part of an applicable school period in relation to the child occurred in the period:\n\n (i) beginning when the formal warning was given; and\n\n (ii) ending at the test time; and\n\n (i) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (j) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and\n\n (k) at the test time, a determination under subsection (2) is not in force in relation to the person; and\n\n (l) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.\n\nIndividual determinations\n\n (3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).\n\n (4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).\n\n (5) A determination under subsection (2) is not a legislative instrument.\n\nMinister’s determination of conditions\n\n (6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(l).\n\nPerson who has a Part 3B payment nominee subject to enhanced income management\n\n (7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and\n\n (c) at the test time, the Part 3B payment nominee is subject to the enhanced income management regime under subsection (1).\n\n123SCD  Eligible care child\n\n  For the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if:\n\n (a) at the particular time, the first person is a child for whom the other person is the principal carer; or\n\n (b) all of the following conditions are satisfied:\n\n (i) that time occurs during an eligible care period;\n\n (ii) under a family law order, registered parenting plan or parenting plan that is in force during the eligible care period, the first person is supposed to live or spend time with the other person;\n\n (iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the eligible care period, the first person would have been in the other person’s care for at least 14% of that period.\n\n123SCE  Eligible care period\n\n (1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a determination under subsection (2).\n\n (3) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).\n\n (4) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section.\n\n123SCF  Declared primary school area and declared secondary school area\n\nDeclared primary school area\n\nis a declared primary school area for the purposes of this Part.\n\n (2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school.\n\nDeclared secondary school area\n\n (3) The Minister may, by legislative instrument, determine that:\n\nis a declared secondary school area for the purposes of this Part.\n\n (4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school.\n\n123SCG  Applicable school period\n\n (1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a determination under subsection (2).\n\n (3) A period ascertained under subsection (1) may be a recurring period.\n\n (4) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.\n\n (5) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section.\n\n123SCH  Unsatisfactory school attendance situation\n\n (1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a determination under subsection (2).\n\n (3) However, an unsatisfactory school attendance situation does not exist in relation to a child if the child is not required, under a law of a State or Territory, to attend school in a State or Territory.\n\n (4) For the purposes of this Part, it is immaterial whether an unsatisfactory school attendance situation exists or has existed before or after the commencement of this section.\n\n123SCI  Formal warning—unsatisfactory school attendance situation\n\n  If:\n\n (a) a person is not subject to the enhanced income management regime under section 123SCC; and\n\n (b) the person, or the person’s partner, has an eligible care child; and\n\n (c) an unsatisfactory school attendance situation exists, or has existed, in relation to the eligible care child;\n\nthe Secretary may give the person a formal warning that the person, or the person’s partner, could become subject to the enhanced income management regime under section 123SCC if an unsatisfactory school attendance situation exists in relation to the eligible care child.\n\nSubdivision D—Referrals by recognised State/Territory authority\n\n123SCJ  Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority\n\nPerson given notice by a recognised State/Territory authority\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (b) an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and\n\n (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or\n\n (d) at the test time, the notice is in force; and\n\n (e) at the test time, the State/Territory authority is a recognised State/Territory authority; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB or 123SCC; and\n\n (h) subsection (2) or (3) of this section applies.\n\n (2) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(1).\n\n (4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.\n\nPerson who has a Part 3B payment nominee subject to any income management\n\n (5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (ii) subject to the income management regime under subsection 123UFAA(1).\n\n (6) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (ii) subject to the income management regime under subsection 123UFAA(1); and\n\n (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(2).\n\n123SCK  Recognised State/Territory authority\n\n (a) a specified department, or a specified part of a department, of a State or Territory; or\n\n (b) a specified body of a State or Territory; or\n\n (c) a specified agency of a State or Territory;\n\nis a recognised State/Territory authority for the purposes of this Part.\n\nFunctions, powers or duties of officers or employees\n\n (2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.\n\nAppropriate review process\n\n (3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123SCJ(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.\n\n (4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:\n\n (a) the cost of the review process to applicants;\n\n (b) the timeliness of the review process;\n\n (c) whether the review process provides that applicants are entitled to be represented and heard;\n\n (d) the degree of independence of the review process;\n\n (e) whether the review process provides for the use of the services of an interpreter.\n\nThis subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).\n\nSubdivision E—Vulnerable welfare payment recipients\n\n123SCL  Persons subject to the enhanced income management regime—vulnerable welfare payment recipients\n\nPerson who is a vulnerable welfare payment recipient\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (5); and\n\n (b) at the test time, a determination under section 123SCM that the person is a vulnerable welfare payment recipient is in force; and\n\n (c) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (d) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC or 123SCJ; and\n\n (e) subsection (2) or (3) of this section applies.\n\n (2) This subsection applies if:\n\n (a) at the test time, the person is an eligible recipient of a category F welfare payment; and\n\n (b) immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n (a) at the test time, the person is an eligible recipient of a category A welfare payment; and\n\n (b) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (c) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (d) at the test time, the transfer notice is in force; and\n\n (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under section 123UCA.\n\n (b) paragraph (1)(a) ceases to apply in relation to the person; and\n\n (c) at the time of that cessation, paragraphs (1)(b), (c) and (d) apply in relation to the person and paragraph (2)(a) or (3)(a) applies in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (1) until paragraph (1)(b), (c) or (d) or (2)(a) or (3)(a) ceases to apply in relation to the person.\n\n (5) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (1)(a).\n\n123SCM  Determination by Secretary—vulnerable welfare payment recipient\n\n (1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.\n\n (2) In deciding whether to make a determination under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.\n\nDuration of determination\n\n (3) A determination made under subsection (1):\n\n (a) comes into force:\n\n (i) on the day on which it is made; or\n\n (ii) if a later day is specified in the determination—on that later day; and\n\n (b) remains in force (unless earlier revoked):\n\n (i) for 12 months; or\n\n (ii) if a shorter period is specified in the determination—for that shorter period.\n\nNew determinations\n\n (4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.\n\nVariation and revocation\n\n (5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):\n\n (a) on the Secretary’s own initiative; or\n\n (b) on request made under subsection (8).\n\n (6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.\n\n (7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.\n\nRequest to reconsider circumstances\n\n (8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:\n\n (a) reconsider the person’s circumstances; and\n\n (b) vary, or revoke, the determination.\n\n (9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.\n\n (10) If a person makes a request under subsection (8), the Secretary must reconsider the person’s circumstances unless the request was made in contravention of subsection (9).\n\n (11) A determination made under subsection (1) is not a legislative instrument.\n\nDecision‑making principles\n\n (12) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsections (2) and (6).\n\n (13) Without limiting subsection (12), the decision‑making principles may set out when the Secretary must make a determination under subsection (1) in relation to a person.\n\nSubdivision F—Disengaged youth and long‑term welfare payment recipients\n\n123SD  Persons subject to the enhanced income management regime—Northern Territory\n\nDisengaged youth\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (b) at the test time, the person’s usual place of residence is within the Northern Territory; and\n\n (c) at the test time, the person is an eligible recipient of a category C welfare payment; and\n\n (d) at the test time, the person is at least 15 years of age and under 25 years of age; and\n\n (e) at the test time, the person is not an exempt welfare payment recipient; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (g) the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time; and\n\n (h) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL; and\n\n (i) subsection (1A) or (1B) of this section applies.\n\n (1A) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n (1B) This subsection applies if:\n\n (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCB(1).\n\n (b) paragraph (1)(b) ceases to apply in relation to the person; and\n\n (c) at the time of that cessation, paragraphs (1)(c), (d), (e), (f) and (h) apply in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (1) until the earlier of the following:\n\n (d) the time paragraph (1)(c), (d), (e), (f) or (h) ceases to apply in relation to the person;\n\n (e) the end of the period of 13 weeks beginning on the day that paragraph (1)(b) ceased to apply in relation to the person.\n\n (2A) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (ii) subject to the income management regime under subsection 123UCB(1).\n\n (2B) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (ii) subject to the income management regime under subsection 123UCB(1); and\n\n (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCB(2).\n\nLong‑term welfare payment recipient\n\n (3) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (b) at the test time, the person’s usual place of residence is within the Northern Territory; and\n\n (c) at the test time, the person is an eligible recipient of a category C welfare payment; and\n\n (d) at the test time, the person is at least 25 years of age but has not reached pension age; and\n\n (e) at the test time, the person is not an exempt welfare payment recipient; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (g) the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time; and\n\n (h) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL; and\n\n (i) subsection (5) or (6) of this section applies.\n\n (a) a person is subject to the enhanced income management regime under subsection (3); and\n\n (b) paragraph (3)(b) ceases to apply in relation to the person; and\n\n (c) at the time of that cessation, paragraphs (3)(c), (d), (e), (f) and (h) apply in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (3) until the earlier of the following:\n\n (d) the time paragraph (3)(c), (d), (e), (f) or (h) ceases to apply in relation to the person;\n\n (e) the end of the period of 13 weeks beginning on the day that paragraph (3)(b) ceased to apply in relation to the person.\n\n (5) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n (6) This subsection applies if:\n\n (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCC(1).\n\n (7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (i) subject to the enhanced income management regime under subsection (3); or\n\n (ii) subject to the income management regime under subsection 123UCC(1).\n\n (8) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n (ii) subject to the income management regime under subsection 123UCC(1); and\n\n (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCC(2).\n\n123SDA  Persons subject to the enhanced income management regime—persons residing in other areas\n\nDisengaged youth\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (2); and\n\n (b) at the test time, the person is an eligible recipient of a category C welfare payment; and\n\n (c) at the test time, the person is at least 15 years of age and under 25 years of age; and\n\n (e) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (f) the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time; and\n\n (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL.\n\n (2) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (1)(a).\n\n (b) paragraph (1)(a) ceases to apply in relation to the person; and\n\n (c) at the time of that cessation, paragraphs (1)(b), (c), (d), (e) and (g) apply in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (1) until the earlier of the following:\n\n (d) the time paragraph (1)(b), (c), (d), (e) or (g) ceases to apply in relation to the person;\n\n (e) the end of the period of 13 weeks beginning on the day that paragraph (1)(a) ceased to apply in relation to the person.\n\n (4) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (ii) subject to the income management regime under subsection 123UCB(1).\n\nLong‑term welfare payment recipient\n\n (5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (6); and\n\n (b) at the test time, the person is an eligible recipient of a category C welfare payment; and\n\n (c) at the test time, the person is at least 25 years of age but has not reached pension age; and\n\n (e) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (f) the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time; and\n\n (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL.\n\n (6) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (5)(a).\n\n (a) a person is subject to the enhanced income management regime under subsection (5); and\n\n (b) paragraph (5)(a) ceases to apply in relation to the person; and\n\n (c) at the time of that cessation, paragraphs (5)(b), (c), (d), (e) and (g) apply in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (5) until the earlier of the following:\n\n (d) the time paragraph (5)(b), (c), (d), (e) or (g) ceases to apply in relation to the person;\n\n (e) the end of the period of 13 weeks beginning on the day that paragraph (5)(a) ceased to apply in relation to the person.\n\n (8) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n (i) subject to the enhanced income management regime under subsection (5); or\n\n (ii) subject to the income management regime under subsection 123UCC(1).\n\n123SDB  Exempt welfare payment recipient—inclusion in specified class\n\n (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).\n\n (2) The Minister may, by legislative instrument, make a determination specifying a class of persons for the purposes of subsection (1).\n\n123SDC  Exempt welfare payment recipient—person is not the principal carer of a child\n\n (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if:\n\n (a) the person is not the principal carer of a child who is a school age child or younger; and\n\n (b) the Secretary is satisfied that one of the following applies:\n\n (i) the person is a full‑time student or a new apprentice;\n\n (ii) within at least 4 of the last 6 fortnights, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);\n\n (iii) within at least 4 of the last 6 fortnights, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);\n\n (iv) the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).\n\n (2) The Minister may, by legislative instrument, make a determination specifying activities for persons for the purposes of subparagraph (1)(b)(iv).\n\n123SDD  Exempt welfare payment recipient—person is the principal carer of a child\n\n (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if:\n\n (a) the person is the principal carer of a child who is a school age child or younger; and\n\n (b) in relation to each child who is a school age child—the Secretary is satisfied that:\n\n (i) the child is enrolled at a school, and, in each of the last 2 school terms that have ended, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or\n\n (ii) the child is enrolled at a school, and, in each of the last 2 school terms that have ended, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or\n\n (iii) the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child’s schooling is progressing satisfactorily; or\n\n (iv) the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and\n\n (c) in relation to each other child—the Secretary is satisfied that the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and\n\n (d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the last 12‑month period.\n\nAlternative activities for school age children\n\n (2) The Minister may, by legislative instrument, make a determination specifying activities for school age children for the purposes of subparagraph (1)(b)(iv).\n\nActivities relating to children (other than school age children)\n\n (3) The Minister must, by legislative instrument, make a determination specifying the number and kind of activities for a person, or the person’s child (other than a school age child), for the purposes of paragraph (1)(c).\n\n (4) Without limiting subsection (3), the activities that may be specified under that subsection may relate to a child’s intellectual, physical or social development.\n\nDecision‑making principles relating to financial vulnerability\n\n (5) In deciding whether the Secretary is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles determined under subsection (6) for the purposes of this subsection.\n\n (6) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsection (5).\n\n (7) A determination made by the Secretary under subsection (1) is not a legislative instrument.\n\n (8) In this section:\n\nperson responsible, for the operation of a school, has the same meaning as in Part 3C.\n\n123SDE  Full‑time student\n\n  A person is a full‑time student for the purposes of this Part if the person:\n\n (a) is an eligible recipient of youth allowance; and\n\n (b) is undertaking full‑time study (within the meaning of section 541B of the 1991 Act).\n\n123SDF  School age child\n\n (1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory:\n\n (a) to be enrolled at a school; or\n\n (b) to attend a school at times required under that law.\n\nattendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.\n\nenrolment, at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.\n\nSubdivision G—Volunteers\n\n123SE  Persons subject to the enhanced income management regime—volunteers\n\n (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time if:\n\n (a) at that time, a voluntary enhanced income management agreement is in force in relation to the person; or\n\n (b) immediately before 6 March 2023, the person was a voluntary participant under section 124PH.\n\nCessation—former section 124PH voluntary participants\n\n (2) If paragraph (1)(b) applies to a person, the person may make a request to the Secretary to cease to be subject to the enhanced income management regime under this section. The request cannot be withdrawn or revoked.\n\n (3) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the enhanced income management regime under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).\n\n (4) A notice under subsection (3) has effect accordingly.\n\n (5) A notice under subsection (3) is not a legislative instrument.\n\n (6) Subsection (3) does not prevent paragraph (1)(a) applying in relation to the person at a later time.\n\n (7) A person ceases to be subject to the enhanced income management regime under paragraph (1)(b) if the person becomes subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA.\n\n123SF  Voluntary enhanced income management agreement\n\n (1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the enhanced income management regime throughout the period when the agreement is in force.\n\n (2) An agreement under subsection (1) is to be known as a voluntary enhanced income management agreement.\n\n (3) The Secretary must not enter into a voluntary enhanced income management agreement with a person unless:\n\n (a) the person is an eligible recipient of a category A welfare payment; and\n\n (b) the person’s usual place of residence is within a voluntary enhanced income management area or the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and\n\n (c) if the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).\n\n (4) The Secretary must not enter into a voluntary enhanced income management agreement with a person if:\n\n (aa) the person is subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA or paragraph 123SE(1)(b); or\n\n (a) the person is subject to the income management regime under Part 3B; or\n\n (b) during the 12‑month period ending when the voluntary enhanced income management agreement is to come into force, there were 4 occasions on which previous voluntary enhanced income management agreements relating to the person were terminated under subsection 123SH(3).\n\n (5) The Minister may, by legislative instrument, determine that:\n\nis a voluntary enhanced income management area for the purposes of this Part.\n\n123SG  Duration of voluntary enhanced income management agreement\n\n (1) A voluntary enhanced income management agreement in relation to a person:\n\n (a) comes into force at the time specified in the agreement, so long as:\n\n (i) at that time, the person is an eligible recipient of a category A welfare payment; and\n\n (ii) at that time, the person’s usual place of residence is within a voluntary enhanced income management area or the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and\n\n (iii) if, at that time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n (iiia) at that time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA or paragraph 123SE(1)(b); and\n\n (iv) at that time, the person is not subject to the income management regime under Part 3B; and\n\n (b) remains in force until:\n\n (i) it is terminated under section 123SH, unless subparagraph (ii) applies; or\n\n (ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123SH before the end of that period—the end of that period.\n\n (2) If a voluntary enhanced income management agreement (the original agreement) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.\n\n (3) If a voluntary enhanced income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person.\n\n123SH  Termination of voluntary enhanced income management agreement\n\nTermination by request\n\n (1) If a voluntary enhanced income management agreement in relation to a person is in force, the person may, by written notice given to the Secretary, request the Secretary to terminate the agreement.\n\n (2) However, a person may make a request under subsection (1) only if the agreement has been in force for at least 13 weeks.\n\n (3) The Secretary must comply with a request made in accordance with subsections (1) and (2) by terminating the agreement as soon as practicable after receiving the request.\n\nOther grounds for termination\n\n (a) a voluntary enhanced income management agreement in relation to a person is in force; and\n\n (b) any of the following events occur:\n\n (i) the person ceases to be an eligible recipient of a category A welfare payment;\n\n (ii) in a case where the person has a Part 3B payment nominee—that nominee ceases to be subject to the enhanced income management regime or ceases to be subject to the income management regime (within the meaning of Part 3B);\n\n (iii) the person becomes subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA;\n\nthe Secretary must terminate the agreement as soon as practicable after the occurrence of the event.\n\nLimit on new voluntary enhanced income management agreements\n\n (5) If a voluntary enhanced income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary enhanced income management agreement with the person within 21 days after the termination.\n\nSubdivision H—Relationship with other provisions\n\n123SI  Relationship with other provisions\n\n (1) If a person is subject to the enhanced income management regime at a particular time, then the person cannot be subject to the income management regime under Part 3B at that time.\n\n (a) a person was a program participant under section 124PGE immediately before the start of 1 October 2022; and\n\n (b) on or after 1 October 2022 and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite section 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA, the person cannot become subject to the enhanced income management regime under that section at any time after the making of that determination.\n\n123SIA  Requests to transfer from the income management regime\n\nPerson’s request\n\n (1) A person who is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC or 123UFAA may make a request to the Secretary to transfer to the enhanced income management regime. The request cannot be withdrawn or revoked.\n\nSecretary’s notice\n\n (2) If the person does so, the Secretary must give the person a written notice stating that the person is eligible to transfer to the enhanced income management regime.\n\n (3) The notice comes into force on a day specified in the notice (which must be no later than 28 days after the day on which the request was made).\n\n (4) The notice ceases to be in force immediately after the person first ceases to be subject to the enhanced income management regime.\n\n (5) A notice under subsection (2) is not a legislative instrument.\n\nDivision 3—Portioning of welfare payments\n\nSubdivision A—Persons subject to the enhanced income management regime—Queensland Commission\n\n123SJ  Category B welfare payment to be split into qualified and unqualified portions\n\n (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC:\n\n (a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is the percentage determined by the Secretary under subsection (2) of this section, after consultation with the Queensland Commission; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (4).\n\n (2) The Secretary may determine a percentage in relation to a person for the purposes of paragraph (1)(a).\n\n (3) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SC, 100% of the gross amount of the payment is qualified (the qualified portion).\n\nNote: The percentage may be varied under subsection (4).\n\n (4) For a person who is subject to the enhanced income management regime under section 123SC, the Secretary may make a determination that:\n\n (c) varies the percentage applicable under subsection (3) to 0%.\n\n (5) The Secretary may make a determination under subsection (4) only if:\n\n (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\nWhen determinations take effect\n\n (6) A determination under subsection (2) or (4) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\nDeterminations are not legislative instruments\n\n (7) A determination under subsection (2) or (4) is not a legislative instrument.\n\n123SK  Payment of balance of qualified portion of category B welfare payment\n\n  If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SL  Recipient’s use of funds from category B welfare payments\n\n  A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SC:\n\n (a) may use the balance of the qualified portion of the payment, as paid under section 123SK, to obtain goods or services, other than:\n\nSubdivision AA—Persons subject to the enhanced income management regime—child protection\n\n123SLA  Category B welfare payment to be split into qualified and unqualified portions\n\n (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCA:\n\n (ii) if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of category B welfare payments.\n\n (4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCA:\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.\n\n (7) For a person who is subject to the enhanced income management regime under section 123SCA, the Secretary may make a determination that:\n\n (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n (9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n123SLB  Payment of balance of qualified portion of category B welfare payment\n\n  If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCA, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SLC  Recipient’s use of funds from category B welfare payments\n\n  A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCA:\n\n (a) may use the balance of the qualified portion of the payment, as paid under section 123SLB, to obtain goods or services, other than:\n\nSubdivision AB—Persons subject to the enhanced income management regime—school enrolment and attendance\n\n123SLD  Category B welfare payment to be split into qualified and unqualified portions\n\n (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC:\n\n (ii) if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of category B welfare payments.\n\n (4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC:\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.\n\n (7) For a person who is subject to the enhanced income management regime under section 123SCB or 123SCC, the Secretary may make a determination that:\n\n (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n (9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n123SLE  Payment of balance of qualified portion of category B welfare payment\n\n  If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SLF  Recipient’s use of funds from category B welfare payments\n\n  A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCB or 123SCC:\n\n (a) may use the balance of the qualified portion of the payment, as paid under section 123SLE, to obtain goods or services, other than:\n\nSubdivision AC—Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority\n\n123SLG  Category B welfare payment to be split into qualified and unqualified portions\n\n (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ:\n\n (i) 70%, unless subparagraph (ii) applies; or\n\n (ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (3) An instrument made under subsection (2) may determine different percentages depending on one or more of the following:\n\n (a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;\n\n (c) the recognised State/Territory authority.\n\n (4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCJ:\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (6) An instrument made under subsection (5) may determine different percentages depending on one or more of the following:\n\n (a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;\n\n (c) the recognised State/Territory authority.\n\n (7) For a person who is subject to the enhanced income management regime under section 123SCJ, the Secretary may make a determination that:\n\n (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n (9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n123SLH  Payment of balance of qualified portion of category B welfare payment\n\n  If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SLI  Recipient’s use of funds from category B welfare payments\n\n  A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCJ:\n\n (a) may use the balance of the qualified portion of the payment, as paid under section 123SLH, to obtain goods or services, other than:\n\nSubdivision AD—Persons subject to the enhanced income management regime—vulnerable welfare payment recipients\n\n123SLJ  Relevant payment to be split into qualified and unqualified portions\n\n (1) If an instalment of a relevant payment is payable to a person who is subject to the enhanced income management regime under section 123SCL:\n\n (ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of relevant payments.\n\n (4) If a relevant payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCL:\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of relevant payments.\n\n (7) For a person who is subject to the enhanced income management regime under section 123SCL, the Secretary may make a determination that:\n\n (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n (b) the person’s relevant payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n (9) A determination under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n (10) A determination under subsection (7) is not a legislative instrument.\n\n123SLK  Payment of balance of qualified portion of relevant payment\n\n  If a relevant payment is payable to a person who is subject to the enhanced income management regime under section 123SCL, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SLL  Recipient’s use of funds from relevant payments\n\n  A person who receives a relevant payment and is subject to the enhanced income management regime under section 123SCL:\n\n (a) may use the balance of the qualified portion of the payment, as paid under section 123SLK, to obtain goods or services, other than:\n\nSubdivision B—Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients\n\n123SM  Category D welfare payment to be split into qualified and unqualified portions\n\n (1) If an instalment of a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD or 123SDA:\n\n (ii) if another percentage is determined by the Minister under subsection (1A) of this section—the other percentage; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).\n\n (1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category D welfare payments.\n\n (2) If a category D welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SD or 123SDA:\n\n (ii) if a lower percentage is determined by the Minister under subsection (2A) of this section—the lower percentage; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).\n\n (2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category D welfare payments.\n\n (3) For a person who is subject to the enhanced income management regime under section 123SD or 123SDA, the Secretary may make a determination that:\n\n (c) varies the percentage applicable under paragraph (2)(a) to 0%; and\n\n (d) varies the percentage applicable under paragraph (2)(b) to 100%.\n\n (4) The Secretary may make a determination under subsection (3) only if:\n\n (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n (b) the person’s category D welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n (5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n (6) A determination under subsection (3) is not a legislative instrument.\n\n123SN  Payment of balance of qualified portion of category D welfare payment\n\n  If a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD or 123SDA, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SO  Recipient’s use of funds from category D welfare payments\n\n  A person who receives a category D welfare payment and is subject to the enhanced income management regime under section 123SD or 123SDA:\n\n (a) may use the balance of the qualified portion of the payment, as paid under section 123SN, to obtain goods or services, other than:\n\nSubdivision C—Persons subject to the enhanced income management regime—volunteers\n\n123SP  Category B welfare payment to be split into qualified and unqualified portions\n\n (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE:\n\n (ii) if another percentage is determined by the Minister under subsection (1A) of this section—the other percentage; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).\n\n (1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category B welfare payments.\n\n (2) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SE:\n\n (ii) if a lower percentage is determined by the Minister under subsection (2A) of this section—the lower percentage; and\n\n (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\n (2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).\n\n (2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category B welfare payments.\n\n (3) For a person who is subject to the enhanced income management regime under section 123SE, the Secretary may make a determination that:\n\n (c) varies the percentage applicable under paragraph (2)(a) to 0%; and\n\n (d) varies the percentage applicable under paragraph (2)(b) to 100%.\n\n (4) The Secretary may make a determination under subsection (3) only if:\n\n (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n (5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n (6) A determination under subsection (3) is not a legislative instrument.\n\n123SQ  Payment of balance of qualified portion of category B welfare payment\n\n  If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SR  Recipient’s use of funds from category B welfare payments\n\n  A person who receives a category B welfare payment:\n\n (a) may use the balance of the qualified portion of the payment, as paid under section 123SQ, to obtain goods or services, other than:\n\nDivision 4—Information\n\n123SS  Disclosure of information to the Secretary—financial institution\n\n (1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a financial institution may give the Secretary information about a person if:\n\n (a) the person is subject to the enhanced income management regime; and\n\nNote: Subsection 202(8A) allows a person to disclose information about a BasicsCard bank account to a financial institution.\n\n (2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the financial institution for the purposes of the performance of the duties, or the exercise of the powers, of the officer or employee.\n\n123ST  Disclosure of information—Queensland Commission\n\n (1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if:\n\n (i) the person is subject to the enhanced income management regime under section 123SC; or\n\n (ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 123SC(1)(b) in relation to the person; and\n\n (2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.\n\n (a) a person ceases to be subject to the enhanced income management regime under section 123SC because of the cancellation of a category A welfare payment of the person or the person’s partner; and\n\n (b) immediately before the cancellation, the relevant notice referred to in paragraph 123SC(1)(b) or (3)(a) had not been withdrawn or revoked and had not expired;\n\nthen, as soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation.\n\n123STA  Disclosure of information—child protection\n\n (1) Despite any law (whether written or unwritten) in force in a State or Territory, a child protection officer of a State or Territory may give the Secretary information about a person if:\n\n (i) the person is subject to the enhanced income management regime under section 123SCA; or\n\n (ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 123SCA(1)(b) in relation to the person; and\n\n (2) If information about a person is disclosed by a child protection officer of a State or Territory as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the State or Territory for the purposes of the operation of this Part.\n\n (a) a person ceases to be subject to the enhanced income management regime under section 123SCA because of the cancellation of a category A welfare payment of the person or the person’s partner; and\n\n (b) immediately before the cancellation, the notice referred to in paragraph 123SCA(1)(b), that was given to the person by a child protection officer of a State or Territory, is in force;\n\nthen, as soon as practicable after the cancellation, the Secretary must give a child protection officer of the State or Territory written notice of the cancellation.\n\n123STB  Disclosure of information—school enrolment and attendance\n\n (1) Despite any law (whether written or unwritten) in force in a State or Territory:\n\nmay give the Secretary information about the enrolment, or non‑enrolment, of children at school if the information is relevant to the operation of this Part.\n\n (2) Despite any law (whether written or unwritten) in force in a State or Territory:\n\nmay give the Secretary information about the attendance, or non‑attendance, of children at school if the information is relevant to the operation of this Part.\n\n123STC  Disclosure of information—referrals by recognised State/Territory authority\n\n (1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a recognised State/Territory authority may give the Secretary information about a person if:\n\n (i) the person is subject to the enhanced income management regime under section 123SCJ; or\n\n (ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 123SCJ(1)(b) in relation to the person; and\n\n (2) If information about a person is disclosed by an officer or employee of a recognised State/Territory authority as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the operation of this Part.\n\n (a) a person ceases to be subject to the enhanced income management regime under section 123SCJ because of the cancellation of a category A welfare payment of the person or the person’s partner; and\n\n (b) immediately before the cancellation, the notice referred to in paragraph 123SCJ(1)(b), that was given to the person by an officer or employee of a recognised State/Territory authority, is in force;\n\nthen, as soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation.\n\n123SU  BasicsCard bank accounts\n\n (1) For the purposes of this Part, the Secretary may, by legislative instrument, determine a kind of bank account to be maintained by a person who is subject to the enhanced income management regime for the receipt of payments under this Part.\n\n (2) A legislative instrument determining a kind of bank account may also prescribe terms and conditions relating to the establishment, ongoing maintenance and closure of the bank account so determined.\n\n123SV  Exceptions to Part IV of the Competition and Consumer Act 2010\n\n (1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a financial institution is specified and specifically authorised if the transaction would involve:\n\n (a) money in a BasicsCard bank account; and\n\n (b) a business of a kind specified in a legislative instrument made under subsection (2).\n\n (2) The Secretary may, by legislative instrument, declare a kind of business, whether by reference to merchant category codes, terminal identification codes, card accepted identification codes or otherwise, in relation to which transactions involving money in a BasicsCard bank account may be declined by a financial institution.\n\n (3) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a supplier of goods or services is specified and specifically authorised if the transaction would involve:\n\n (a) money in a BasicsCard bank account; and\n\n (b) the obtaining of:\n\n (ii) a cash‑like product that could be used to obtain excluded goods or excluded services.\n\n (4) To avoid doubt, for the purposes of this section, it does not matter whether money in a BasicsCard bank account represents the qualified portion or unqualified portion of a payment.\n\n123SVA  Periodic estimates of cost of enhanced income management regime\n\n (1) As soon as practicable after the end of each reporting period, the Minister must prepare a written estimate of the full cost to the Commonwealth (as at the end of the period) of the operation of the enhanced income management regime established by this Part.\n\n (2) The Minister must cause the estimate for a reporting period to be:\n\n (a) published on the Department’s website as soon as practicable after it is prepared; and\n\n (b) tabled in each House of the Parliament within 7 sitting days of that House after the estimate is published under paragraph (a).\n\nreporting period means the following:\n\n (a) the period of 6 months beginning on the day this section commences;\n\n (b) the period of 12 months beginning on the day after the end of the period mentioned in paragraph (a);\n\n (c) each subsequent 12‑month period.\n\n123SW  This Part has effect despite other provisions etc.\n\n  This Part has effect despite anything in:\n\n (a) any other provision of this Act; or\n\n (b) the 1991 Act; or\n\n (c) the Family Assistance Act; or\n\n (d) the Family Assistance Administration Act.\n\nPart 3B—Income management regime\n\n123TA  Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part sets up an income management regime for recipients of certain welfare payments.\n\n• A person may become subject to the income management regime because:\n\n (a) a child protection officer of a State or Territory requires the person to be subject to the income management regime; or\n\n (b) the Secretary has determined that the person is a vulnerable welfare payment recipient; or\n\n (c) the person meets the criteria relating to disengaged youth; or\n\n (d) the person meets the criteria relating to long‑term welfare payment recipients; or\n\n (e) the person, or the person’s partner, has a child who does not meet school enrolment requirements; or\n\n (f) the person, or the person’s partner, has a child who has unsatisfactory school attendance; or\n\n (g) the Queensland Commission requires the person to be subject to the income management regime; or\n\n (ga) an officer or employee of a recognised State/Territory authority requires the person to be subject to the income management regime; or\n\n (h) the person voluntarily agrees to be subject to the income management regime.\n\n• A person who is subject to the income management regime will have an income management account.\n\n• Amounts will be deducted from the person’s welfare payments and credited to the person’s income management account.\n\n• Amounts will be debited from the person’s income management account for the purposes of enabling the Secretary to take action directed towards meeting the priority needs of:\n\n (a) the person; and\n\n (b) the person’s children (if any); and\n\n (c) the person’s partner (if any); and\n\n (d) any other dependants of the person.\n\n123TB  Objects\n\n  The objects of this Part are as follows:\n\n (a) to reduce immediate hardship and deprivation by ensuring that the whole or part of certain welfare payments is directed to meeting the priority needs of:\n\n (i) the recipient of the welfare payment; and\n\n (ii) the recipient’s children (if any); and\n\n (iii) the recipient’s partner (if any); and\n\n (iv) any other dependants of the recipient;\n\n (b) to ensure that recipients of certain welfare payments are given support in budgeting to meet priority needs;\n\n (c) to reduce the amount of certain welfare payments available to be spent on alcoholic beverages, gambling, tobacco products and pornographic material;\n\n (d) to reduce the likelihood that recipients of welfare payments will be subject to harassment and abuse in relation to their welfare payments;\n\n (e) to encourage socially responsible behaviour, including in relation to the care and education of children;\n\n (f) to improve the level of protection afforded to welfare recipients and their families.\n\n123TC  Definitions\n\n2020 economic support payment means:\n\n (a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or\n\n (b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or\n\n (c) a first 2020 economic support payment under the ABSTUDY Scheme; or\n\n (d) a second 2020 economic support payment under the ABSTUDY Scheme; or\n\n (e) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or\n\n (f) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act.\n\n2022 cost of living payment means:\n\n (a) a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act; or\n\n (b) a 2022 cost of living payment under the ABSTUDY Scheme.\n\naccount statement, in relation to an income management account, means a statement that sets out:\n\n (a) the amounts credited to the income management account during a particular period; and\n\n (b) the amounts debited from the income management account during that period; and\n\n (c) the balance of the income management account as at the end of that period.\n\nacquire has the same meaning as in the Competition and Consumer Act 2010.\n\nadditional economic support payment means:\n\n (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or\n\n (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or\n\n (c) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or\n\n (d) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act.\n\napplicable school period has the meaning given by section 123UI.\n\ncategory E welfare payment means:\n\n (a) youth allowance; or\n\n (b) jobseeker payment; or\n\n (c) special benefit; or\n\n (d) pension PP (single); or\n\n (e) benefit PP (partnered).\n\ncategory H welfare payment means:\n\n (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or\n\n (d) a service pension; or\n\n (e) income support supplement; or\n\n (ea) a veteran payment.\n\ncategory I welfare payment means:\n\n (a) a category H welfare payment; or\n\n (g) carer allowance; or\n\n (ga) child disability assistance; or\n\n (gb) carer supplement; or\n\n (h) mobility allowance; or\n\n (i) pensioner education supplement; or\n\n (j) telephone allowance under Part 2.25 of the 1991 Act; or\n\n (k) veterans supplement under section 118B of the Veterans’ Entitlements Act; or\n\n (n) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n (o) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n (p) a social security bereavement payment; or\n\n (q) a veterans’ entitlement bereavement payment; or\n\n (s) an advance payment under Part 2.22 of the 1991 Act; or\n\n (t) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n (u) a mobility allowance advance under section 1045 of the 1991 Act; or\n\n (v) an advance payment under Part IVA of the Veterans’ Entitlements Act.\n\ncategory P welfare payment means:\n\n (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.\n\ncategory Q welfare payment means:\n\n (a) a category P welfare payment; or\n\n (b) carer allowance; or\n\n (ba) child disability assistance; or\n\n (bb) carer supplement; or\n\n (c) mobility allowance; or\n\n (d) pensioner education supplement; or\n\n (e) telephone allowance under Part 2.25 of the 1991 Act; or\n\n (f) utilities allowance under Part 2.25A of the 1991 Act; or\n\n (g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n (h) a social security bereavement payment (other than a social security bereavement payment in relation to an age pension or a carer payment); or\n\n (i) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n (j) an advance payment under Part 2.22 of the 1991 Act (other than an advance payment of an age pension or a carer payment); or\n\n (k) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n (l) a mobility allowance advance under section 1045 of the 1991 Act; or\n\n (m) double orphan pension; or\n\n (n) family tax benefit under the Family Assistance Act; or\n\n (o) family tax benefit advance under the Family Assistance Administration Act; or\n\n (p) stillborn baby payment under the Family Assistance Act.\n\ncategory R welfare payment means:\n\n (c) a service pension; or\n\n (d) income support supplement; or\n\n (da) a veteran payment.\n\ncategory S welfare payment means:\n\n (a) family tax benefit under the Family Assistance Act; or\n\n (b) family tax benefit advance under the Family Assistance Administration Act; or\n\n (c) stillborn baby payment under the Family Assistance Act; or\n\n (e) double orphan pension; or\n\n (fa) child disability assistance; or\n\n (fb) carer supplement; or\n\n (g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre.\n\nchild of a person means:\n\n (a) a child for whom the person is the principal carer; or\n\n (b) an FTB child of the person; or\n\n (c) on or after 1 July 2008—a regular care child of the person.\n\nThis definition does not apply to:\n\n (d) the definition of child protection officer in this section; or\n\n (e) Division 2; or\n\n (f) subsection 123ZE(2); or\n\n (g) section 123ZEB.\n\nchild protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.\n\nclean energy income‑managed payment means:\n\n (a) a clean energy advance under the 1991 Act; or\n\n (c) a clean energy advance under the Family Assistance Act; or\n\n (d) quarterly energy supplement under the 1991 Act; or\n\n (e) quarterly energy supplement under the Veterans’ Entitlements Act for service pension.\n\nclosure day means the day on which Part 1 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.\n\ndeclared child protection State or Territory has the meaning given by section 123TF.\n\ndeclared primary school area has the meaning given by subsection 123TG(1).\n\ndeclared secondary school area has the meaning given by subsection 123TG(3).\n\ndeclared voluntary income management area has the meaning given by section 123TGA.\n\neconomic security strategy payment means:\n\n (a) an economic security strategy payment under Part 2.17 of the 1991 Act; or\n\n (b) an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act; or\n\n (c) an economic security strategy payment to families under Part 6 of the Family Assistance Act; or\n\n (d) a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008.\n\neligible care child has the meaning given by section 123UH.\n\neligible care period has the meaning given by section 123UJ.\n\neligible recipient has the meaning given by section 123TK.\n\nETR income‑managed payment means:\n\n (a) ETR payment under the Family Assistance Act; or\n\n (b) ETR payment under the Veterans’ Entitlements Act.\n\nexcluded goods has the meaning given by subsection 123TI(1).\n\nexcluded Part 3B payment nominee means:\n\n (a) the Public Trustee (however described) of a State or Territory; or\n\n (b) a Part 3B payment nominee who:\n\n (i) is not subject to the enhanced income management regime (within the meaning of Part 3AA); and\n\n (ii) is not subject to the income management regime.\n\nexcluded service has the meaning given by subsection 123TI(2).\n\nexempt welfare payment recipient has the meaning given by section 123UGB, 123UGC or 123UGD.\n\nfamily law order means:\n\n (a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or\n\n (b) a family violence order within the meaning of section 4 of that Act; or\n\n (c) a State child order registered under section 70D of that Act; or\n\n (d) an overseas child order registered under section 70G of that Act.\n\nfull‑time student has the meaning given by section 123UGF.\n\nhousehold stimulus payment means:\n\n (a) a training and learning bonus under Part 2.18 of the 1991 Act; or\n\n (c) an education entry payment supplement under Division 14 of Part 2.13A of the 1991 Act; or\n\n (d) a back to school bonus or single income family bonus under Part 7 of the Family Assistance Act; or\n\n (e) a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No. 2) 2009.\n\nincome management account means a notional account kept in accordance with section 123WA.\n\nIncome Management Record means the Income Management Record established by section 123VA.\n\nincome tax law has the same meaning as in the Income Tax Assessment Act 1997.\n\nnet amount of an instalment or payment means:\n\n (a) if a deduction is made from, or an amount is set off against, the instalment or payment under:\n\n (i) section 61 or 238 of this Act; or\n\n (ii) section 1231 of the 1991 Act; or\n\n (iii) section 84, 84A, 92, 92A, 225, 226 or 227 of the Family Assistance Administration Act; or\n\n (iv) section 50A, 50B, 58J, 79L, 122B, 122D, 205 or 205AA of the Veterans’ Entitlements Act;\n\n  so much of the instalment or payment as remains after the deduction is made or the set‑off occurs, as the case may be; or\n\n (b) in any other case—the amount of the instalment or payment.\n\nnon‑alcoholic beverage means a beverage other than an alcoholic beverage.\n\nparenting plan has the same meaning as in the Family Law Act 1975.\n\nPart 3B payment nominee means:\n\n (a) a person who is, by virtue of an appointment in force under section 123B of this Act or section 219TB of the Family Assistance Administration Act, the payment nominee of another person; or\n\n (b) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an approval in force under section 58D of the Veterans’ Entitlements Act; or\n\n (c) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an appointment in force under section 202 of the Veterans’ Entitlements Act; or\n\n (d) a person to whom another person’s instalments of youth allowance are to be paid in accordance with subsection 45(1) of this Act.\n\npornographic material has the meaning given by section 123TJ.\n\npriority needs has the meaning given by section 123TH.\n\nquarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.\n\nQueensland Commission means a body or agency that:\n\n (a) is established by a law of Queensland; and\n\n (b) is specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\nrecognised State or Territory has the meaning given by section 123TGAB.\n\nrecognised State/Territory authority has the meaning given by section 123TGAA.\n\nregistered parenting plan has the same meaning as in the Family Law Act 1975.\n\nrepeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.\n\nschool age child has the meaning given by section 123UGG.\n\nstored value card includes a portable device that is:\n\n (a) capable of storing monetary value in a form other than physical currency; and\n\n (b) of a kind specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\nsubject to the income management regime has the meaning given by section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF, 123UFAA or 123UFA.\n\nsupply has the same meaning as in the Competition and Consumer Act 2010.\n\ntobacco product means:\n\n (a) a tobacco product within the meaning of the Public Health (Tobacco and Other Products) Act 2023; or\n\n (b) an e‑cigarette product (within the meaning of that Act) that contains tobacco.\n\nunsatisfactory school attendance situation has the meaning given by section 123UK.\n\nveterans’ entitlement bereavement payment means:\n\n (a) a bereavement payment within the meaning of subsection 53K(3) of the Veterans’ Entitlements Act; or\n\n (b) a bereavement payment paid under subsection 53L(4) of that Act; or\n\n (c) an amount paid under subsection 53Q(1) of that Act; or\n\n (d) a bereavement payment within the meaning of subsection 53T(1) of that Act.\n\nvoluntary income management agreement means an agreement under section 123UM.\n\nvulnerable welfare payment recipient has the meaning given by section 123UGA.\n\n123TF  Declared child protection State or Territory\n\n  The Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.\n\n123TG  Declared primary school area and declared secondary school area\n\nDeclared primary school area\n\nis a declared primary school area for the purposes of this Part.\n\n (2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school.\n\nDeclared secondary school area\n\n (3) The Minister may, by legislative instrument, determine that:\n\nis a declared secondary school area for the purposes of this Part.\n\n (4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school.\n\n123TGAA  Recognised State/Territory authority\n\n (a) a specified department, or a specified part of a department, of a State or Territory; or\n\n (b) a specified body of a State or Territory; or\n\n (c) a specified agency of a State or Territory;\n\nis a recognised State/Territory authority for the purposes of this Part.\n\nFunctions, powers or duties of officers or employees\n\n (2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.\n\nAppropriate review process\n\n (3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123UFAA(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.\n\n (4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:\n\n (a) the cost of the review process to applicants;\n\n (b) the timeliness of the review process;\n\n (c) whether the review process provides that applicants are entitled to be represented and heard;\n\n (d) the degree of independence of the review process;\n\n (e) whether the review process provides for the use of the services of an interpreter.\n\nThis subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).\n\n123TGAB  Recognised State or Territory\n\n  The Minister may, by legislative instrument, determine that a specified State or Territory is a recognised State or Territory for the purposes of this Part.\n\n123TGA  Declared voluntary income management area\n\n  The Minister may, by legislative instrument, determine that:\n\nis a declared voluntary income management area for the purposes of this Part.\n\n123TH  Priority needs\n\n (1) For the purposes of this Part, a person’s priority needs are as follows:\n\n (a) food;\n\n (b) non‑alcoholic beverages;\n\n (c) clothing;\n\n (d) footwear;\n\n (e) basic personal hygiene items;\n\n (f) basic household items;\n\n (g) housing, including:\n\n (i) rent; and\n\n (ii) home loan repayments; and\n\n (iii) repairs; and\n\n (iv) maintenance;\n\n (h) household utilities, including:\n\n (i) electricity; and\n\n (ii) gas; and\n\n (iii) water; and\n\n (iv) sewerage; and\n\n (v) garbage collection; and\n\n (vi) fixed‑line telephone;\n\n (i) rates and land tax;\n\n (j) health, including:\n\n (i) medical, nursing, dental or other health services; and\n\n (ii) pharmacy items; and\n\n (iii) the supply, alteration or repair of artificial teeth; and\n\n (iv) the supply, alteration or repair of an artificial limb (or part of a limb), artificial eye or hearing aid; and\n\n (v) the supply, alteration or repair of a medical or surgical appliance; and\n\n (vi) the testing of eyes; and\n\n (vii) the prescribing of spectacles or contact lenses; and\n\n (viii) the supply of spectacles or contact lenses; and\n\n (ix) the management of a disability;\n\n (k) child care and development;\n\n (l) education and training;\n\n (m) items required for the purposes of the person’s employment, including:\n\n (i) a uniform or other occupational clothing; and\n\n (ii) protective footwear; and\n\n (iii) tools of trade;\n\n (n) funerals;\n\n (o) public transport services, where the services are used wholly or partly for purposes in connection with any of the above needs;\n\n (p) the acquisition, repair, maintenance or operation of:\n\n (i) a motor vehicle; or\n\n (ii) a motor cycle; or\n\n (iii) a bicycle;\n\n  that is used wholly or partly for purposes in connection with any of the above needs;\n\n (q) any thing specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\n (2) For the purposes of this Part, excluded goods or excluded services are not priority needs.\n\n123TI  Excluded goods and excluded services\n\nExcluded goods\n\n (1) Each of the following goods are excluded goods for the purposes of this Part:\n\n (a) alcoholic beverages;\n\n (b) tobacco products;\n\n (c) pornographic material;\n\n (d) goods specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\nExcluded services\n\n (2) Each of the following services is an excluded service for the purposes of this Part:\n\n (a) gambling;\n\n (b) a service specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\n123TJ  Pornographic material\n\n (1) For the purposes of this Part, pornographic material is:\n\n (a) a publication, film or computer game classified RC; or\n\n (b) an unclassified publication, film or computer game that contains material that would be likely to cause it to be classified RC; or\n\n (c) a publication classified Category 1 restricted or Category 2 restricted; or\n\n (d) an unclassified publication that contains material that would be likely to cause it to be classified Category 1 restricted or Category 2 restricted; or\n\n (e) a film classified X 18+; or\n\n (f) an unclassified film that contains material that would be likely to cause it to be classified X 18+.\n\n (2) An expression used in subsection (1) and in the Classification (Publications, Films and Computer Games) Act 1995 has the same meaning in subsection (1) as it has in that Act.\n\n123TK  Eligible recipient\n\n (1) For the purposes of this Part, if a claim by a person for a particular payment is granted, the person is an eligible recipient of the payment during the period:\n\n (a) beginning on:\n\n (i) if the payment is in relation to a service pension or income support supplement—the provisional commencement day (within the meaning of the Veterans’ Entitlements Act) for the payment; or\n\n (ii) in any other case—the start day for the payment; and\n\n (b) ending when the payment is cancelled.\n\n (2) For the purposes of this Part, a person is an eligible recipient of a veteran payment while the person is receiving that payment.\n\nDivision 2—Persons subject to the income management regime\n\nSubdivision A—Situations in which a person is subject to the income management regime\n\n123UA  Persons subject to the income management regime\n\n  This Subdivision sets out the various situations in which a person is subject to the income management regime.\n\n123UC  Persons subject to the income management regime—child protection\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (b) before the test time, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and\n\n (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or\n\n (d) at the test time, the notice had not been withdrawn or revoked; and\n\n (e) at the test time, the State or Territory is a declared child protection State or Territory; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (g) at the test time, the person is not subject to the income management regime under section 123UF; and\n\n (2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n (ii) subject to the enhanced income management regime under subsection 123SCA(1).\n\n (3) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UCA  Persons subject to the income management regime—vulnerable welfare payment recipients\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is an eligible recipient of a category H welfare payment; and\n\n (b) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (3); and\n\n (c) at the test time, the person is a vulnerable welfare payment recipient; and\n\n (d) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (e) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE, 123UF or 123UFAA.\n\n (b) paragraph (1)(b) ceases to apply in relation to the person; and\n\n (c) at the time of that cessation, paragraphs (1)(a), (c), (d) and (e) apply in relation to the person;\n\nthen the person remains subject to the income management regime under subsection (1) until paragraph (1)(a), (c), (d) or (e) ceases to apply in relation to the person.\n\n (3) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.\n\n (b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsection (1) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n (6) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UCB  Persons subject to the income management regime—disengaged youth\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is an eligible recipient of a category E welfare payment; and\n\n (b) at the test time, the person is at least 15 years of age and under 25 years of age; and\n\n (c) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (4); and\n\n (e) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and\n\n (g) the person was an eligible recipient of a category E welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time.\n\n (2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n (ii) subject to the enhanced income management regime under subsection 123SD(1) or 123SDA(1).\n\n (b) paragraph (1)(c) ceases to apply in relation to the person; and\n\n (c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person;\n\nthen the person remains subject to the income management regime under subsection (1) until the earlier of the following:\n\n (d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person;\n\n (e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.\n\n (4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.\n\n (b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n (7) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UCC  Persons subject to the income management regime—long‑term welfare payment recipients\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is an eligible recipient of a category E welfare payment; and\n\n (b) at the test time, the person is at least 25 years of age but has not reached pension age; and\n\n (c) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (4); and\n\n (e) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and\n\n (g) the person was an eligible recipient of a category E welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time.\n\n (2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n (ii) subject to the enhanced income management regime under subsection 123SD(3) or 123SDA(5).\n\n (b) paragraph (1)(c) ceases to apply in relation to the person; and\n\n (c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person;\n\nthen the person remains subject to the income management regime under subsection (1) until the earlier of the following:\n\n (d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person;\n\n (e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.\n\n (4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.\n\n (b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n (7) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UD  Persons subject to the income management regime—school enrolment\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (b) at the test time, the person, or the person’s partner, has an eligible care child; and\n\n (c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and\n\n (d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:\n\n (i) a primary school in a declared primary school area; or\n\n (ii) a secondary school in a declared secondary school area; and\n\n (e) at the test time, the eligible care child is not enrolled at:\n\n (i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or\n\n (ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (g) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and\n\n (h) at the test time, a determination under subsection (2) is not in force in relation to the person; and\n\n (i) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.\n\n (3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.\n\n (4) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).\n\n (4B) If:\n\n (b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\nDocumentary evidence\n\n (5) If a person, or the person’s partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child’s enrolment at a school during a specified applicable school period.\n\n (6) A notice under subsection (5) must set out the effect of subsection (9).\n\n (7) The compliance period specified in a notice under subsection (5) must not be shorter than 7 days.\n\n (8) The Secretary may extend the compliance period specified in a notice under subsection (5).\n\n (a) a person is given a notice under subsection (5); and\n\n (b) the person does not comply with the notice;\n\nthe Secretary may determine that subsection (1) has effect as if the eligible care child was not enrolled at any school at any time during the applicable school period specified in the notice.\n\n (10) This Part does not prevent a notice from being characterised as:\n\n (a) a notice under subsection (5); and\n\n (b) a notice under another provision of a law of the Commonwealth.\n\n123UE  Persons subject to the income management regime—school attendance\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and\n\n (c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:\n\n (i) the person; or\n\n (ii) the person’s partner; and\n\n (d) at the test time, the child is enrolled at a school; and\n\n (e) if the school is a primary school—at the test time, the school is in a declared primary school area; and\n\n (f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and\n\n (g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123UL; and\n\n (h) the whole or a part of an applicable school period in relation to the child occurred in the period:\n\n (i) beginning when the formal warning was given; and\n\n (ii) ending at the test time; and\n\n (i) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (j) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and\n\n (k) at the test time, a determination under subsection (2) is not in force in relation to the person; and\n\n (l) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.\n\n (3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.\n\n (4) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).\n\n (b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n123UF  Persons subject to the income management regime—Queensland Commission\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person, or the person’s partner, is an eligible recipient of a category P welfare payment; and\n\n (b) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and\n\n (c) the notice was given under a law of Queensland; and\n\n (d) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and\n\n (e) at the test time, the notice had not been withdrawn or revoked; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (g) the test time occurs before 1 January 2022.\n\n (2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, neither the person, nor the person’s partner, is an eligible recipient of a category P welfare payment; and\n\n (b) at the test time, the person, or the person’s partner, is an eligible recipient of a category R welfare payment; and\n\n (c) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and\n\n (d) the notice was given under a law of Queensland; and\n\n (e) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and\n\n (f) at the test time, the notice had not been withdrawn or revoked; and\n\n (g) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (h) the test time occurs before 1 January 2022.\n\n (3) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1) or (2).\n\nRelationship with Part 3D\n\n (4) If a person becomes a program participant under section 124PGD on a day (the trigger day), the following apply:\n\n (a) despite any other provision of this Part, the Secretary may, on a day (the transfer day) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part 3D) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the transfer day;\n\n (b) immediately after any such payment:\n\n (i) the Income Management Record is debited by an amount equal to the payment; and\n\n (ii) the person’s income management account is debited by an amount equal to the payment;\n\n (c) if the person is subject to the income management regime under subsection (1) on the day before the trigger day—the person ceases to be subject to the income management regime under subsection (1) on the trigger day.\n\n123UFAA  Persons subject to the income management regime—other State/Territory referrals\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (b) before the test time, an officer or employee of a recognised State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and\n\n (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or\n\n (d) at the test time, the notice had not been withdrawn or revoked; and\n\n (e) at the test time, the State or Territory is a recognised State or Territory; and\n\n (f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (g) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE or 123UF.\n\n (2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n (ii) subject to the enhanced income management regime under subsection 123SCJ(1).\n\n (b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n (5) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UFA  Persons subject to the income management regime—voluntary income management agreement\n\n (1) For the purposes of this Part, a person is subject to the income management regime at a particular time if, at that time, a voluntary income management agreement is in force in relation to the person.\n\n (2) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\nSubdivision BA—Additional provisions relating to vulnerable welfare payment recipients\n\n123UGA  Vulnerable welfare payment recipients\n\nDetermination by Secretary\n\n (1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.\n\n (2) In making a determination under subsection (1), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.\n\nDuration of determination\n\n (3) A determination made under subsection (1):\n\n (a) comes into force:\n\n (i) on the day on which it is made; or\n\n (ii) if a later day is specified in the determination—on that later day; and\n\n (b) remains in force (unless earlier revoked):\n\n (i) for 12 months; or\n\n (ii) if a shorter period is specified in the determination—for that shorter period.\n\nNew determinations\n\n (4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.\n\nVariation and revocation\n\n (5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):\n\n (a) on his or her own initiative; or\n\n (b) on request made under subsection (8).\n\n (6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles set out in an instrument made for the purposes of subsection (2).\n\n (7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.\n\nRequest to reconsider circumstances\n\n (8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:\n\n (a) reconsider the person’s circumstances; and\n\n (b) vary, or revoke, the determination.\n\n (9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.\n\n (10) If a person makes a request under subsection (8), the Secretary must reconsider the person’s circumstances unless the request was made in contravention of subsection (9).\n\n (11) A determination made under subsection (1) is not a legislative instrument.\n\nSubdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients\n\n123UGB  Exempt welfare payment recipient—inclusion in specified class\n\n (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).\n\n (2) The Minister may, by legislative instrument, specify a class of persons to be exempt welfare payment recipients for the purposes of this section.\n\n123UGC  Exempt welfare payment recipient—person is not the principal carer of a child\n\n (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:\n\n (a) at the test time, the person is not the principal carer of a child who is a school age child or younger; and\n\n (b) the Secretary is satisfied that one of the following applies:\n\n (i) the person is a full‑time student or a new apprentice at the test time;\n\n (ii) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);\n\n (iia) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);\n\n (iii) at the test time, the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).\n\n (2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii). The activities may be specified by reference to a class of persons undertaking the activities.\n\n123UGD  Exempt welfare payment recipient—person is the principal carer of a child\n\n (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:\n\n (a) at the test time, the person is the principal carer of a child who is a school age child or younger; and\n\n (b) in relation to each child who is a school age child—the Secretary is satisfied that:\n\n (i) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or\n\n (ia) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or\n\n (ii) at the test time, the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child’s schooling is progressing satisfactorily; or\n\n (iii) at the test time, the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and\n\n (c) in relation to each other child—the Secretary is satisfied that, at the test time, the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and\n\n (d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the 12‑month period ending immediately before the test time.\n\nNote: In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with decision‑making principles: see subsection (5).\n\nAlternative activities for school age children\n\n (2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii).\n\nActivities relating to children (other than school age children)\n\n (3) The Minister must, by legislative instrument, specify the number and kind of activities that a person, or the person’s child (other than a school age child), may participate in for the purposes of paragraph (1)(c).\n\n (4) The activities that may be specified under subsection (3) may relate to a child’s intellectual, physical or social development.\n\nDecision‑making principles relating to financial vulnerability\n\n (5) In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.\n\n (6) A determination made by the Secretary under subsection (1) is not a legislative instrument.\n\n (7) In this section:\n\nperson responsible, for the operation of a school, has the same meaning as in Part 3C.\n\n123UGF  Full‑time student\n\n  A person is a full‑time student for the purposes of this Part if the person:\n\n (a) is an eligible recipient of youth allowance; and\n\n (b) is undertaking full‑time study (as defined by section 541B of the 1991 Act).\n\n123UGG  School age child\n\n (1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory:\n\n (a) to be enrolled at a school; or\n\n (b) to attend a school at times required under that law.\n\nattendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.\n\nenrolment, at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.\n\nSubdivision C—Additional provisions relating to school enrolment and attendance\n\n123UH  Eligible care child\n\n  For the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if:\n\n (a) at the particular time, the first person is a child for whom the other person is the principal carer; or\n\n (b) all of the following conditions are satisfied:\n\n (i) that time occurs during an eligible care period;\n\n (ii) under a family law order, registered parenting plan or parenting plan that is in force during the eligible care period, the first person is supposed to live or spend time with the other person;\n\n (iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the eligible care period, the first person would have been in the other person’s care for at least 14% of that period.\n\n123UI  Applicable school period\n\n (1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.\n\n (2) A period ascertained under subsection (1) may be a recurring period.\n\n (3) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.\n\n (4) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section.\n\n123UJ  Eligible care period\n\n (1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.\n\n (2) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).\n\n (3) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section.\n\n123UK  Unsatisfactory school attendance situation\n\n (1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.\n\n (2) However, an unsatisfactory school attendance situation does not exist in relation to a child if the child is not required, under a law of a State or Territory, to attend school in a State or Territory.\n\n (3) For the purposes of this Part, it is immaterial whether an unsatisfactory school attendance situation exists or has existed before or after the commencement of this section.\n\n123UL  Formal warning—unsatisfactory school attendance situation\n\n  If:\n\n (a) a person is not subject to the income management regime under section 123UE; and\n\n (b) the person, or the person’s partner, has an eligible care child; and\n\n (c) an unsatisfactory school attendance situation exists, or has existed, in relation to the eligible care child;\n\nthe Secretary may give the person a formal warning that the person, or the person’s partner, could become subject to the income management regime under section 123UE if an unsatisfactory school attendance situation exists in relation to the eligible care child.\n\nSubdivision D—Voluntary income management agreements\n\n123UM  Voluntary income management agreement\n\n (1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the income management regime throughout the period when the agreement is in force.\n\n (2) An agreement under subsection (1) is to be known as a voluntary income management agreement.\n\n (3) The Secretary must not enter into a voluntary income management agreement with a person (the first person) unless:\n\n (a) the first person is an eligible recipient of a category H welfare payment; and\n\n (b) the first person’s usual place of residence is within a declared voluntary income management area; and\n\n (c) if the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee.\n\n (4) In deciding whether to enter into a voluntary income management agreement with a person, the Secretary must have regard to:\n\n (a) the extent to which it would be feasible for the Secretary to take action under Division 6 in relation to the person if the person were subject to the income management regime; and\n\n (5) The Secretary must not enter into a voluntary income management agreement with a person if:\n\n (a) the person is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; or\n\n (b) during the 12‑month period ending when the voluntary income management agreement is to come into force, there were 4 occasions on which previous voluntary income management agreements relating to the person were terminated under subsection 123UO(2).\n\n123UN  Duration of voluntary income management agreement\n\n (1) A voluntary income management agreement in relation to a person (the first person):\n\n (a) comes into force at the time specified in the agreement, so long as:\n\n (i) at that time, the first person is an eligible recipient of a category H welfare payment; and\n\n (ii) at that time, the first person’s usual place of residence is within a declared voluntary income management area; and\n\n (iii) if, at that time, the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n (v) at that time, the first person is not subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; and\n\n (b) remains in force until:\n\n (i) it is terminated under section 123UO; or\n\n (ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123UO before the end of that period—the end of that period.\n\n (3) If a voluntary income management agreement (the original agreement) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.\n\n (4) If a voluntary income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary income management agreement with the person.\n\n123UO  Termination of voluntary income management agreement\n\nTermination by request\n\n (1) A person may, by written notice given to the Secretary, request the Secretary to terminate a voluntary income management agreement in relation to the person if:\n\n (a) the agreement has been in force for at least 13 weeks; or\n\n (b) the person has made a request (whether orally or in writing) to the Secretary to enter into a voluntary enhanced income management agreement (within the meaning of Part 3AA).\n\n (2) The Secretary must terminate a voluntary income management agreement in relation to a person as soon as practicable after the person makes a valid request under subsection (1).\n\nGrounds of termination\n\n (a) a voluntary income management agreement in relation to a person (the first person) is in force; and\n\n (b) any of the following events occurs:\n\n (i) the first person ceases to be an eligible recipient of a category H welfare payment;\n\n (iii) in a case where the first person has a Part 3B payment nominee—the Part 3B payment nominee becomes an excluded Part 3B payment nominee;\n\n (v) the first person becomes subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA;\n\n (vi) the Secretary becomes satisfied that it is not feasible for the Secretary to take action under Division 6 in relation to the first person;\n\nthe Secretary must terminate the voluntary income management agreement as soon as practicable after the occurrence of the event.\n\n (a) a voluntary income management agreement in relation to a person is in force; and\n\n (b) the person’s usual place of residence is within the Northern Territory;\n\nthe Secretary may, by written notice given to the person, terminate the agreement. The termination takes effect on a day specified in the notice (which must not be earlier than the day on which the notice is given).\n\nLimit on new voluntary income management agreements\n\n (4) If a voluntary income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary income management agreement with the person within 21 days after the termination.\n\nSubdivision E—Relationship with Part 3AA\n\n123UP  Payment of credit balances of income management account to BasicsCard bank account\n\n (1) This section applies if a person becomes subject to the enhanced income management regime (within the meaning of Part 3AA) on a day (the trigger day).\n\nNote: A person who is subject to the income management regime can request to transfer to the enhanced income management regime (see section 123SIA).\n\n (2) Despite any other provision of this Part, the Secretary may, on a day (the payment day) before the end of 60 days beginning on the trigger day, pay, to the credit of a BasicsCard bank account (within the meaning of Part 3AA) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the payment day.\n\n (3) Immediately after any such payment:\n\n (a) the Income Management Record is debited by an amount equal to the payment; and\n\n (b) the person’s income management account is debited by an amount equal to the payment.\n\n (4) Despite any other provision of this Part, the person cannot become subject to the income management regime under any provision of this Part at any time on or after the trigger day.\n\nDivision 3—Establishment of the Income Management Record\n\n123VA  Establishment of the Income Management Record\n\n  The Income Management Record is established by this section.\n\n123VC  Bank account\n\n  Amounts standing to the credit of the Income Management Record may be kept in a single bank account.\n\nDivision 4—Income management accounts\n\nSubdivision A—Income management accounts\n\n123WA  Income management accounts\n\nIncome management accounts to be kept\n\n (1) Separate notional accounts are to be kept within the Income Management Record in the names of particular persons.\n\nPerson’s income management account\n\n (2) An account kept in the name of a person is to be known as the person’s income management account.\n\nNote: Section 123TC provides that income management account means a notional account kept in accordance with this section.\n\nAmounts not held on trust\n\n (3) An amount standing to the credit of a person’s income management account is not held on trust.\n\n123WB  Opening of income management accounts\n\nPower\n\n (1) The Secretary may open an income management account in the name of a particular person.\n\n (2) The Secretary may open the income management account even if the person is not subject to the income management regime.\n\nDuty\n\n (3) The Secretary must open an income management account in the name of a particular person if:\n\n (a) the person does not already have an income management account; and\n\n (b) the person is subject to the income management regime.\n\n123WC  Closing of income management accounts\n\n  The Secretary may close a person’s income management account if the balance of the income management account is nil, and:\n\n (a) the person is not subject to the income management regime; or\n\n (b) the person has died.\n\n123WD  Income management accounts may have a nil balance\n\nNil balance\n\n (1) A person’s income management account may have a nil balance.\n\nExamples\n\n (2) The following are examples of cases where an income management account might have a nil balance:\n\n (a) no amount has been credited to the income management account;\n\n (b) the balance of the income management account has been debited under section 123WJ;\n\n (c) the balance of the income management account has been debited under section 123WL;\n\n (d) the balance of the income management account has been debited under Division 6.\n\n123WE  One income management account per person\n\nOnly one income management account\n\n (1) Only one income management account may be kept in respect of a particular person.\n\n (2) A contravention of subsection (1) does not affect the validity of an income management account.\n\nAmalgamation\n\n (3) If the Secretary becomes aware that 2 or more income management accounts are being kept in respect of the same person, the Secretary must amalgamate the accounts into a single account.\n\n123WF  Credits to, and debits from, a person’s income management account\n\n  An amount must not be credited to, or debited from, a person’s income management account except as provided by this Part.\n\nSubdivision B—Account statements\n\n123WG  Internet and telephone access to account statements etc.\n\nInternet and telephone access to account statements etc.\n\n (2) The Secretary may issue the person with a means of identification (for example, a personal identification number) that enables the person to do either or both of the following:\n\n (a) to access on the internet electronic versions of account statements for the person’s income management account;\n\n (b) to be told the balance of the person’s income management account using an automated telephone answering system.\n\n123WH  Person may request account statements\n\nAccount statement may be requested\n\n (2) The person may request the Secretary to give the person a written account statement for the income management account.\n\n (3) The Secretary must comply with the request.\n\n (4) However, the Secretary may refuse to comply with the request if the person has made a previous request at any time during the preceding period of 30 days.\n\n123WI  Account statements to be given\n\nAccount statement to be given\n\n (2) At least once each quarter, the Secretary must give the person a written account statement for the income management account.\n\n (3) However, the Secretary is not required to give the person a written account statement relating to a particular period unless:\n\n (a) an amount has been credited to, or debited from, the income management account during that period; or\n\n (b) the income management account has a credit balance as at the end of that period.\n\nSubdivision C—Miscellaneous\n\n123WJ  Payment of credit balances of income management accounts—person ceases to be subject to the income management regime\n\n (a) at a particular time, a person (the first person) ceases to be subject to the income management regime; and\n\n (b) the first person’s income management account has a credit balance at that time; and\n\n (c) if, immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA—the Secretary is satisfied that the first person is not likely to become subject to the income management regime within 60 days after the cessation; and\n\n (d) if, immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA—the Secretary is satisfied that the first person is not likely to become subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA within 60 days after the cessation.\n\nResidual amount\n\n (2) For the purposes of this section, the residual amount is an amount equal to the credit balance of the first person’s income management account.\n\n (3) The residual amount is payable to the first person in accordance with this section.\n\nPayment by instalments\n\n (4) The Secretary may determine that the whole or a part of the residual amount is to be paid to the first person by instalments. The instalments are to be paid on the days specified in a determination made by the Secretary.\n\n (5) The days specified in the determination must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.\n\n (6) If an instalment is paid under subsection (4):\n\n (a) the Income Management Record is debited by an amount equal to the amount of the instalment; and\n\n (b) the first person’s income management account is debited by an amount equal to the amount of the instalment.\n\nLump sum payment\n\n (7) The Secretary may determine that the whole or a part of the residual amount is to be paid to the first person as a single lump sum on a day determined by the Secretary.\n\n (8) The day specified in the determination must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.\n\n (9) The Secretary must not make a determination under subsection (7) unless:\n\n (a) the lump sum is $200 or less; or\n\n (b) the Secretary is satisfied that there are special circumstances that warrant the making of the determination; or\n\n (c) immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA.\n\n (10) If a lump sum is paid under subsection (7):\n\n (a) the Income Management Record is debited by an amount equal to the lump sum; and\n\n (b) the first person’s income management account is debited by an amount equal to the lump sum.\n\n (11) The Secretary may, on behalf of the Commonwealth:\n\n (a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person; or\n\n (b) make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person;\n\n (c) the payment is made with the consent of the first person; and\n\n (d) the amount paid by the Secretary does not exceed the residual amount.\n\n (12) The payment under subsection (11) must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.\n\n (13) If the Secretary makes a payment under subsection (11):\n\n (a) the Income Management Record is debited by an amount equal to the amount paid under subsection (11); and\n\n (b) the first person’s income management account is debited by an amount equal to the amount paid under subsection (11); and\n\n (c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount paid under subsection (11).\n\nSet‑off\n\n (14) If the first person owes an amount (the debt amount) to the Commonwealth, the Secretary may, with the consent of the first person, set off the whole or part of the residual amount against the whole or a part of the debt amount.\n\n (15) The set‑off under subsection (14) must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.\n\n (16) If the Secretary sets off an amount under subsection (14):\n\n (a) the Income Management Record is debited by an amount equal to the amount set off; and\n\n (b) the first person’s income management account is debited by an amount equal to the amount set off; and\n\n (c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount set off.\n\n (16A) Subsection (14) is not limited by Chapter 5 of the 1991 Act also applying in relation to the debt amount.\n\n (17) If a payment is made under subsection (4), (7) or (11), the payment does not have consequences under the income tax law for the first person.\n\n (18) If the Secretary sets off an amount under subsection (14), the set‑off does not have consequences under the income tax law for the first person.\n\nInterpretation\n\n (19) This section is subject to section 123WJA.\n\n123WJA  Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again\n\n (a) at a particular time, a person ceases to be subject to the income management regime; and\n\n (b) at the time referred to in paragraph (a), there is a residual amount in relation to the person; and\n\n (c) at any time after the cessation, the person becomes subject to the income management regime again; and\n\n (d) at the time referred to in paragraph (c), the whole or a part of the residual amount has not been paid to the person in accordance with section 123WJ.\n\n (2) The Secretary may determine that section 123WJ ceases to apply in relation to:\n\n (a) the whole of the residual amount; or\n\n (b) a part of the residual amount specified in the determination.\n\nThe determination has effect accordingly.\n\nresidual amount has the same meaning as in subsection 123WJ(2).\n\n123WK  Payment into bank account etc. of credit balances of income management accounts—person ceases to be subject to the income management regime\n\n (1) This section applies to an amount that is to be paid to a person as:\n\n (a) an instalment under subsection 123WJ(4); or\n\n (b) a lump sum under subsection 123WJ(7).\n\nPayment into bank account etc.\n\n (2) The amount is to be paid to the credit of a bank account kept by the person.\n\n (3) The bank account may be kept by the person either alone or jointly or in common with another person.\n\n (4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).\n\n (5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction.\n\n123WL  Payment of credit balances of income management accounts—person dies\n\n (a) an income management account is kept in the name of a person; and\n\n (c) at the time of the person’s death, the person’s income management account has a credit balance.\n\nResidual amount\n\n (2) For the purposes of this section, the residual amount is an amount equal to the credit balance of the person’s income management account.\n\nPayment of residual amount\n\n (3) The residual amount is to be paid in one or more of the following ways (as determined by the Secretary):\n\n (a) to the legal personal representative of the person;\n\n (b) to one or more other persons whom the Secretary is satisfied have carried out, are carrying out, or will carry out, an appropriate activity in relation to the estate or affairs of the person;\n\n (c) to the credit of a bank account nominated by the person for the purposes of subsection 55(2).\n\nAn amount that is to be paid under this subsection is to be paid as a lump sum on a day determined by the Secretary.\n\n (3A) A person may be paid more than one amount under subsection (3).\n\n (5) If a lump sum is paid under subsection (3):\n\n (a) the Income Management Record is debited by an amount equal to the lump sum; and\n\n (b) the person’s income management account is debited by an amount equal to the lump sum.\n\n (6) If a payment is made under subsection (3), the payment does not have consequences under the income tax law for the person’s estate.\n\n123WM  Payment into bank account etc. of credit balances of income management accounts—person dies\n\n (1) This section applies to an amount that is to be paid to a person under paragraph 123WL(3)(a) or (b).\n\nPayment into bank account etc.\n\n (2) The amount is to be paid to the credit of a bank account kept by the person.\n\n (3) The bank account may be kept by the person either alone or jointly or in common with another person.\n\n (4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).\n\n (5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction.\n\n123WN  Crediting of amounts to income management accounts—Ministerial rules\n\n  The Minister may, by legislative instrument, make rules providing that an amount ascertained in accordance with the rules is to be credited to:\n\n (a) the Income Management Record; and\n\n (b) a person’s income management account;\n\nin the circumstances specified in the rules.\n\nDivision 5—Deductions from welfare payments\n\n123XI  Deductions from category I welfare payments—instalments\n\n (a) a person is subject to the income management regime under section 123UC; and\n\n (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\n123XJ  Deductions from category I welfare payments—lump sums\n\n (a) a person is subject to the income management regime under section 123UC; and\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision BA—Vulnerable welfare payment recipients\n\n123XJA  Deductions from category I welfare payments—instalments\n\n (a) a person is subject to the income management regime under section 123UCA; and\n\n (b) an instalment of category I welfare payment is payable to the person.\n\n (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n (4) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:\n\n (a) 50%; or\n\n (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;\n\n (5) An instrument under paragraph (4)(b) may specify different percentages in relation to different category I welfare payments.\n\n (6) An instrument under paragraph (4)(b) may specify a percentage that is higher than 50% only if the Minister considers the higher percentage is necessary to promote the objects of this Part.\n\n123XJB  Deductions from category I welfare payments—lump sums\n\n (a) a person is subject to the income management regime under section 123UCA; and\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision BB—Disengaged youth and long‑term welfare payment recipients\n\n123XJC  Deductions from category I welfare payments—instalments\n\n (a) a person is subject to the income management regime under section 123UCB or 123UCC; and\n\n (b) an instalment of category I welfare payment is payable to the person.\n\n (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n (4) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:\n\n (a) 50%; or\n\n (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;\n\n (5) An instrument under paragraph (4)(b) may specify different percentages in relation to different category I welfare payments.\n\n (6) An instrument under paragraph (4)(b) may specify a percentage that is higher than 50% only if the Minister considers the higher percentage is necessary to promote the objects of this Part.\n\n123XJD  Deductions from category I welfare payments—lump sums\n\n (a) a person is subject to the income management regime under section 123UCB or 123UCC; and\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\n123XK  Deductions from category I welfare payments—instalments\n\n (a) a person is subject to the income management regime under section 123UD or 123UE; and\n\n (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\n123XL  Deductions from category I welfare payments—lump sums\n\n (a) a person is subject to the income management regime under section 123UD or 123UE; and\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision D—Queensland Commission\n\n123XM  Deductions from category Q welfare payments—instalments\n\n (a) a person is subject to the income management regime under subsection 123UF(1) or (3); and\n\n (b) an instalment of a category Q welfare payment is payable to the person.\n\nDeductions from category Q welfare payments—instalments\n\n (a) the Secretary must deduct from the instalment of the category Q welfare payment the deductible portion of the instalment;\n\n (3) For the purposes of subsection (2), the deductible portion of an instalment of a category Q welfare payment is the percentage of the net amount of the instalment determined by the Secretary in relation to the instalment (rounded down to the nearest cent).\n\n123XN  Deductions from category Q welfare payments—lump sums\n\n (a) a person is subject to the income management regime under subsection 123UF(1) or (3); and\n\n (b) a category Q welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category Q welfare payments—lump sums\n\n (a) the Secretary must deduct from the category Q welfare payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of a category Q welfare payment is the percentage of the net amount of the payment determined by the Secretary in relation to the payment (rounded down to the nearest cent).\n\n123XO  Deductions from category S welfare payments—instalments\n\n (a) a person is subject to the income management regime under subsection 123UF(2); and\n\n (b) an instalment of a category S welfare payment is payable to the person.\n\nDeductions from category S welfare payments—instalments\n\n (a) the Secretary must deduct from the instalment of the category S welfare payment the deductible portion of the instalment;\n\n (3) For the purposes of subsection (2), the deductible portion of an instalment of a category S welfare payment is the percentage of the net amount of the instalment determined by the Secretary in relation to the instalment (rounded down to the nearest cent).\n\n123XP  Deductions from category S welfare payments—lump sums\n\n (a) a person is subject to the income management regime under subsection 123UF(2); and\n\n (b) a category S welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category S welfare payments—lump sums\n\n (a) the Secretary must deduct from the category S welfare payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of a category S welfare payment is the percentage of the net amount of the payment determined by the Secretary in relation to the payment (rounded down to the nearest cent).\n\nSubdivision DAA—Other State/Territory referrals\n\n123XPAA  Deductions from category I welfare payments—instalments\n\n (a) a person is subject to the income management regime under section 123UFAA; and\n\n (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n (a) 70%; or\n\n (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages depending on one or more of the following:\n\n (a) the category I welfare payments payable to persons subject to the income management regime under section 123UFAA;\n\n (c) the recognised State/Territory authorities whose officers or employees may give a notice of the kind referred to in paragraph 123UFAA(1)(b).\n\n123XPAB  Deductions from category I welfare payments—lump sums\n\n (a) a person is subject to the income management regime under section 123UFAA; and\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages depending on one or more of the following:\n\n (a) the category I welfare payments payable to persons subject to the income management regime under section 123UFAA;\n\n (c) the recognised State/Territory authorities whose officers or employees may give a notice of the kind referred to in paragraph 123UFAA(1)(b).\n\nSubdivision DA—Voluntary income management agreements\n\n123XPA  Deductions from category I welfare payments—instalments\n\n (a) a person is subject to the income management regime under section 123UFA; and\n\n (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n (a) 70%; or\n\n (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\n123XPB  Deductions from category I welfare payments—lump sums\n\n (a) a person is subject to the income management regime under section 123UFA; and\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\n (4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision DB—Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments\n\n123XPBA  Deductions from 2020 economic support payments\n\n (b) a 2020 economic support payment is payable to the person.\n\nDeductions from 2020 economic support payments\n\n (a) the Secretary must deduct from the 2020 economic support payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of a 2020 economic support payment is 100% of the amount of the payment.\n\n123XPBB  Deductions from additional economic support payments\n\n (b) an additional economic support payment is payable to the person.\n\nDeductions from additional economic support payments\n\n (a) the Secretary must deduct from the additional economic support payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of an additional economic support payment is 100% of the amount of the payment.\n\n123XPC  Deductions from economic security strategy payments\n\n (b) an economic security strategy payment is payable to the person.\n\n (2) However, this section does not apply in relation to an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act if the person is subject to the income management regime because of section 123UF.\n\nDeductions from economic security strategy payments\n\n (3) The following provisions have effect:\n\n (a) the Secretary must deduct from the economic security strategy payment the deductible portion of the payment;\n\n (4) For the purposes of subsection (3), the deductible portion of an economic security strategy payment is 100% of the amount of the payment.\n\n123XPD  Deductions from household stimulus payments\n\n (b) a household stimulus payment is payable to the person.\n\nDeductions from household stimulus payments\n\n (a) the Secretary must deduct from the household stimulus payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of a household stimulus payment is 100% of the amount of the payment.\n\n123XPE  Deductions from 2022 cost of living payment\n\n (b) a 2022 cost of living payment is payable to the person.\n\nDeductions from 2022 cost of living payment\n\n (a) the Secretary must deduct from the 2022 cost of living payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of a 2022 cost of living payment is 100% of the amount of the payment.\n\nSubdivision DC—Relocation scholarship payments\n\n123XPG  Deductions from relocation scholarship payments\n\n (b) a relocation scholarship payment is payable to the person.\n\nDeductions from payment\n\n (a) the Secretary must deduct from the relocation scholarship payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of a relocation scholarship payment is:\n\n (a) 100% of the amount of the payment; or\n\n (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage of the amount of the payment.\n\nSubdivision DE—Clean energy income‑managed payments\n\n123XPJ  Deductions from clean energy income‑managed payments\n\n (b) a clean energy income‑managed payment is payable to the person.\n\nDeductions from clean energy income‑managed payments\n\n (a) the Secretary must deduct from the payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of a clean energy income‑managed payment is 100% of the amount of the payment.\n\nSubdivision DF—ETR income‑managed payments\n\n123XPK  Deductions from ETR income‑managed payments\n\n (b) an ETR income‑managed payment is payable to the person.\n\nDeductions from ETR income‑managed payments\n\n (a) the Secretary must deduct from the payment the deductible portion of the payment;\n\n (3) For the purposes of subsection (2), the deductible portion of an ETR income‑managed payment is 100% of the amount of the payment.\n\nSubdivision E—Deducted amount taken to have been paid\n\n123XQ  Deducted amount taken to have been paid\n\n (1) This section applies if an amount is deducted under this Division from an instalment or payment that is payable to a person.\n\nDeducted amount taken to have been paid\n\n (2) The deducted amount is taken, for the purposes of:\n\n (a) the income tax law; and\n\n (b) this Act (other than this Part); and\n\n (c) the 1991 Act; and\n\n (d) the Family Assistance Act; and\n\n (e) the Family Assistance Administration Act; and\n\n (f) the Student Assistance Act 1973; and\n\n (g) the Veterans’ Entitlements Act; and\n\n (h) the Child Support (Assessment) Act 1989;\n\nto have been paid to the person at whichever of the following times is applicable:\n\n (i) if the deducted amount was equal to 100% of the net amount of the instalment or payment—when the instalment or payment would have been paid if the deduction had not been made;\n\n (j) otherwise—when the instalment or payment was paid.\n\nDivision 6—Debits from income management accounts\n\n123YA  Priority needs—application of income management account\n\n (b) the first person’s income management account has a credit balance.\n\nPriority needs\n\n (2) If the Secretary is aware of any unmet priority needs of:\n\n (a) the first person; or\n\n (b) the first person’s children (if any); or\n\n (c) the first person’s partner (if any); or\n\n (d) any other dependants of the first person;\n\nthe Secretary must, within a reasonable period after becoming aware of those priority needs, take appropriate action under Subdivision B directed towards meeting those priority needs.\n\n (a) the Secretary is satisfied that the current or future balance of the first person’s income management account exceeds what is reasonably required to meet the current, and reasonably foreseeable, priority needs of:\n\n (i) the first person; and\n\n (ii) the first person’s children (if any); and\n\n (iii) the first person’s partner (if any); and\n\n (iv) any other dependants of the first person; and\n\n (b) the first person requests the Secretary to take action under this Division that:\n\n (i) is not directed towards meeting the current, and reasonably foreseeable, priority needs mentioned in paragraph (a); and\n\n (ii) would result in the first person’s income management account being debited by a particular amount; and\n\n (c) the Secretary is satisfied that the debit would not result in the current or future balance of the first person’s income management account falling below what is reasonably required to meet the current, and reasonably foreseeable, priority needs mentioned in paragraph (a);\n\nthe Secretary must not unreasonably refuse the request.\n\n123YB  Secretary must have regard to the best interests of children\n\n (c) the person has one or more children.\n\nSecretary must have regard to the best interests of children\n\n (2) In deciding whether to take action under this Division that results in an amount being debited from the first person’s income management account, the Secretary must have regard to:\n\n (a) the best interests of the first person’s children; and\n\nSubdivision B—Restricted debits\n\n123YC  Vouchers—general\n\nVouchers\n\n (a) give the first person a voucher that:\n\n (ii) enables the first person to acquire goods or services; or\n\n (b) with the consent of the first person, give a third person a voucher that:\n\n (ii) enables the third person to acquire goods or services;\n\nso long as the face value of the voucher does not exceed the credit balance of the first person’s income management account.\n\n (3) A voucher may be for limited goods or services.\n\n (4) If the first person or a third person is given a voucher under subsection (2), the Income Management Record is debited by an amount equal to the face value of the voucher.\n\n (5) If the first person or a third person is given a voucher under subsection (2), the first person’s income management account is debited by an amount equal to the face value of the voucher.\n\n (6) The Secretary must not give the first person or a third person a voucher under subsection (2) if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\n (7) If the first person or a third person is given a voucher under subsection (2), the giving of the voucher does not have any consequences under the income tax law for the first person or the third person, as the case may be.\n\n123YD  Vouchers—Part 3B payment nominee\n\nVouchers\n\n (a) give the Part 3B payment nominee a voucher that:\n\n (ii) enables the Part 3B payment nominee to acquire goods or services; or\n\n (b) with the consent of the Part 3B payment nominee, give a third person a voucher that:\n\n (ii) enables the third person to acquire goods or services;\n\nso long as the face value of the voucher does not exceed the credit balance of the first person’s income management account.\n\n (3) A voucher may be for limited goods or services.\n\n (4) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the Income Management Record is debited by an amount equal to the face value of the voucher.\n\n (5) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the first person’s income management account is debited by an amount equal to the face value of the voucher.\n\n (6) The Secretary must not give the Part 3B payment nominee or a third person a voucher under subsection (2) if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\n (7) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the giving of the voucher does not have any consequences under the income tax law for the Part 3B payment nominee, the first person or the third person.\n\n123YE  Stored value cards—general\n\nStored value cards\n\n (a) give the first person a stored value card that enables the first person to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or\n\n (c) increase the monetary value stored on a stored value card held by the first person, so long as:\n\n (ii) the stored value card enables the first person to acquire goods or services;\n\n (e) if paragraph (a) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account; or\n\n (f) if paragraph (c) applies—the increase in monetary value does not exceed the credit balance of the first person’s income management account.\n\n (3) A stored value card may be for limited goods or services.\n\n (4) If, under subsection (2), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\n (5) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the Income Management Record is debited by an amount equal to the increase in the monetary value.\n\n (6) If, under subsection (2), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\n (7) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the first person’s income management account is debited by an amount equal to the increase in the monetary value.\n\n (8) The Secretary must not, under subsection (2):\n\n (a) give the first person a stored value card; or\n\n (b) increase the monetary value stored on a stored value card;\n\nif the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.\n\n (9) If, under subsection (2), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.\n\n (10) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the increase does not have consequences under the income tax law for the first person.\n\n123YF  Stored value cards—Part 3B payment nominee\n\nStored value cards\n\n (a) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or\n\n (b) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or\n\n (c) increase the monetary value stored on a stored value card held by the Part 3B payment nominee, so long as:\n\n (ii) the stored value card enables the Part 3B payment nominee to acquire goods or services; or\n\n (d) with the consent of the Part 3B payment nominee, increase the monetary value stored on a stored value card held by the first person, so long as:\n\n (ii) the stored value card enables the first person to acquire goods or services;\n\n (e) if paragraph (a) or (b) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account; or\n\n (f) if paragraph (c) or (d) applies—the increase in the monetary value does not exceed the credit balance of the first person’s income management account.\n\n (3) A stored value card may be for limited goods or services.\n\n (4) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\n (5) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the Income Management Record is debited by an amount equal to the increase in the monetary value.\n\n (6) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\n (7) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the first person’s income management account is debited by an amount equal to the increase in the monetary value.\n\n (8) The Secretary must not, under subsection (2):\n\n (a) give the Part 3B payment nominee or the first person a stored value card; or\n\n (b) increase the monetary value stored on a stored value card;\n\nif the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.\n\n (9) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n (10) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the increase does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n123YG  Expense payment—general\n\n (a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person in respect of expenditure incurred by the first person in relation to goods or services; or\n\n (b) with the consent of the first person, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person in respect of expenditure incurred by the third person in relation to goods or services; or\n\n (c) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount by way of rates or land tax; or\n\n (d) with the consent of the first person, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount by way of rates or land tax;\n\nso long as the amount paid does not exceed the credit balance of the first person’s income management account.\n\n (3) If the Secretary makes a payment under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.\n\n (4) If the Secretary makes a payment under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.\n\n (5) The Secretary must not make a payment under paragraph (2)(a) or (b) if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.\n\n (6) If the Secretary makes a payment under subsection (2), the payment does not have consequences under the income tax law for the first person.\n\n123YH  Expense payment—Part 3B payment nominee\n\n (a) make a payment in discharge, in whole or in part, of an obligation of the Part 3B payment nominee to pay an amount to a third person in respect of expenditure incurred by the Part 3B payment nominee in relation to goods or services; or\n\n (b) with the consent of the Part 3B payment nominee, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person in respect of expenditure incurred by the third person in relation to goods or services; or\n\n (c) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person in respect of expenditure incurred by the first person in relation to goods or services;\n\nso long as the amount paid does not exceed the credit balance of the first person’s income management account.\n\n (3) If the Secretary makes a payment under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.\n\n (4) If the Secretary makes a payment under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.\n\n (5) The Secretary must not make a payment under subsection (2) if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.\n\n (6) If the Secretary makes a payment under subsection (2), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n123YI  Crediting of account—general\n\nCrediting of accounts\n\n (a) pay an amount to a third person on condition that the third person will:\n\n (i) credit the amount to an account held by the first person with the third person; and\n\n (ii) not allow the first person to debit the account except for the purposes of acquiring goods or services; and\n\n (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the first person for the purposes of the acquisition of goods or services; or\n\n (b) with the consent of the first person, pay an amount to a third person on condition that the third person will:\n\n (i) credit the amount to an account held by a fourth person with the third person; and\n\n (ii) not allow the fourth person to debit the account except for the purposes of acquiring goods or services; and\n\n (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the fourth person for the purposes of the acquisition of goods or services;\n\nso long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.\n\n (3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.\n\n (4) If the Secretary pays an amount to a third person under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.\n\n (5) If the Secretary pays an amount to a third person under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.\n\n (6) The Secretary must not, under subsection (2), pay an amount to a third person if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\n (7) If the Secretary pays an amount to a third person under subsection (2), the payment does not have consequences under the income tax law for the first person.\n\n123YJ  Crediting of account—Part 3B payment nominee\n\nCrediting of accounts\n\n (a) pay an amount to a third person on condition that the third person will:\n\n (i) credit the amount to an account held by the Part 3B payment nominee with the third person; and\n\n (ii) not allow the Part 3B payment nominee to debit the account except for the purposes of acquiring goods or services; and\n\n (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the Part 3B payment nominee for the purposes of the acquisition of goods or services; or\n\n (b) with the consent of the Part 3B payment nominee, pay an amount to a third person on condition that the third person will:\n\n (i) credit the amount to an account held by a fourth person with the third person; and\n\n (ii) not allow the fourth person to debit the account except for the purposes of acquiring goods or services; and\n\n (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the fourth person for the purposes of the acquisition of goods or services; or\n\n (c) pay an amount to a third person on condition that the third person will:\n\n (i) credit the amount to an account held by the first person with the third person; and\n\n (ii) not allow the first person to debit the account except for the purposes of acquiring goods or services; and\n\n (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the first person for the purposes of the acquisition of goods or services;\n\nso long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.\n\n (3) The goods or services referred to in paragraph (2)(a), (b) or (c) may be limited to such goods or services as are determined by the Secretary.\n\n (4) If the Secretary pays an amount to a third person under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.\n\n (5) If the Secretary pays an amount to a third person under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.\n\n (6) The Secretary must not, under subsection (2), pay an amount to a third person if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\n (7) If the Secretary pays an amount to a third person under subsection (2), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n123YK  Transfers to accounts—general\n\nTransfers\n\n (a) pay an amount to the credit of an account held by the first person with:\n\n (iv) paying account‑related fees or charges; or\n\n (b) with the consent of the first person, pay an amount to the credit of an account held by a third person with:\n\n (iv) paying account‑related fees or charges;\n\nso long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.\n\n (3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.\n\n (4) If, under subsection (2), the Secretary pays an amount to the credit of an account, the Income Management Record is debited by an amount equal to the amount paid.\n\n (5) If, under subsection (2), the Secretary pays an amount to the credit of an account, the first person’s income management account is debited by an amount equal to the amount paid.\n\n (6) The Secretary must not, under subsection (2), pay an amount to the credit of an account if the Secretary is satisfied that any of relevant goods or services are excluded goods or excluded services.\n\n (7) If, under subsection (2), the Secretary pays an amount to the credit of an account, the payment does not have any consequences under the income tax law for the first person.\n\n123YL  Transfers to accounts—Part 3B payment nominee\n\nTransfers\n\n (a) pay an amount to the credit of an account held by the Part 3B payment nominee with:\n\n (iv) paying account‑related fees or charges; or\n\n (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of an account held by a third person with:\n\n (iv) paying account‑related fees or charges;\n\nso long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.\n\n (3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.\n\n (4) If, under subsection (2), the Secretary pays an amount to the credit of an account, the Income Management Record is debited by an amount equal to the amount paid.\n\n (5) If, under subsection (2), the Secretary pays an amount to the credit of an account, the first person’s income management account is debited by an amount equal to the amount paid.\n\n (6) The Secretary must not, under subsection (2), pay an amount to the credit of an account if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\n (7) If, under subsection (2), the Secretary pays an amount to the credit of an account, the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n123YM  Restricted direct payment—general\n\n (a) pay an amount to the credit of a bank account held by the first person (whether alone or jointly or in common with another person); or\n\n (b) with the consent of the first person, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or\n\n (c) if:\n\n (i) the first person is subject to the income management regime under section 123UF; and\n\n (ii) under a law of Queensland, the Queensland Commission gave the Secretary a written notice stating that a specified bank account held by a third person is a nominated third party account in relation to the first person; and\n\n (iii) the notice has not been withdrawn or revoked;\n\n  pay the amount to the credit of that bank account; or\n\n (d) pay an amount to the first person by way of a cheque; or\n\n (e) with the consent of the first person, pay an amount to a third person by way of a cheque; or\n\n (f) pay an amount to the first person by way of cash; or\n\n (g) with the consent of the first person, pay an amount to a third person by way of cash; or\n\n (h) give the first person a stored value card that enables the first person to withdraw cash;\n\n (j) if paragraph (a), (b), (c), (d), (e), (f) or (g) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or\n\n (k) if paragraph (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.\n\n (3) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the Income Management Record is debited by an amount equal to the amount paid.\n\n (4) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\n (5) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the first person’s income management account is debited by an amount equal to the amount paid.\n\n (6) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\n (7) The Secretary must not pay an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g) if the Secretary has reasonable grounds to believe that the whole or a part of the amount paid will be used to acquire excluded goods or excluded services.\n\n (8) The Secretary must not give the first person a stored value card under paragraph (2)(h) if the Secretary has reasonable grounds to believe that the whole or a part of the monetary value stored on the card will be used to acquire excluded goods or excluded services.\n\n (9) If the Secretary makes a payment under paragraph (2)(a), (d) or (f) the payment does not have consequences under the income tax law for the first person.\n\n (10) If the Secretary makes a payment under paragraph (2)(b), (c), (e) or (g), the payment does not have consequences under the income tax law for the first person or the third person.\n\n (11) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.\n\n123YN  Restricted direct payment—Part 3B payment nominee\n\n (a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or\n\n (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or\n\n (c) if:\n\n (i) the first person is subject to the income management regime under section 123UF; and\n\n (ii) under a law of Queensland, the Queensland Commission gave the Secretary a written notice stating that a specified bank account held by a third person is a nominated third party account in relation to the first person; and\n\n (iii) the notice has not been withdrawn or revoked;\n\n  pay the amount to the credit of that bank account; or\n\n (d) pay an amount to the Part 3B payment nominee by way of a cheque; or\n\n (e) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or\n\n (f) pay an amount to the Part 3B payment nominee by way of cash; or\n\n (g) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or\n\n (h) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or\n\n (i) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash;\n\n (j) if paragraph (a), (b), (c), (d), (e), (f) or (g) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or\n\n (k) if paragraph (h) or (i) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.\n\n (3) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the Income Management Record is debited by an amount equal to the amount paid.\n\n (4) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\n (5) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the first person’s income management account is debited by an amount equal to the amount paid.\n\n (6) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\n (7) The Secretary must not pay an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g) if the Secretary has reasonable grounds to believe that the whole or a part of the amount paid will be used to acquire excluded goods or excluded services.\n\n (8) The Secretary must not give the Part 3B payment nominee or the first person a stored value card under paragraph (2)(h) or (i) if the Secretary has reasonable grounds to believe that the whole or a part of the monetary value stored on the card will be used to acquire excluded goods or excluded services.\n\n (9) If the Secretary makes a payment under paragraph (2)(a), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n (10) If the Secretary makes a payment under paragraph (2)(b), (c), (e) or (g), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n (11) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\nSubdivision C—Unrestricted debits\n\n123YO  Unrestricted direct payment—general\n\n (a) pay an amount to the credit of a bank account held by the first person (whether alone or jointly or in common with another person); or\n\n (b) with the consent of the first person, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or\n\n (c) pay an amount to the first person by way of a cheque; or\n\n (d) with the consent of the first person, pay an amount to a third person by way of a cheque; or\n\n (e) pay an amount to the first person by way of cash; or\n\n (f) with the consent of the first person, pay an amount to a third person by way of cash; or\n\n (g) give the first person a stored value card that enables the first person to withdraw cash;\n\n (i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or\n\n (j) if paragraph (g) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.\n\n (3) In deciding whether to take action under subsection (2), the Secretary must have regard to:\n\n (a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and\n\n (4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid.\n\n (5) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\n (6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid.\n\n (7) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\n (8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the first person.\n\n (9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the first person or the third person.\n\n (10) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.\n\n123YP  Unrestricted direct payment—Part 3B payment nominee\n\n (a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or\n\n (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or\n\n (c) pay an amount to the Part 3B payment nominee by way of a cheque; or\n\n (d) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or\n\n (e) pay an amount to the Part 3B payment nominee by way of cash; or\n\n (f) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or\n\n (g) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or\n\n (h) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash;\n\n (i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or\n\n (j) if paragraph (g) or (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.\n\n (3) In deciding whether to take action under subsection (2), the Secretary must have regard to:\n\n (a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and\n\n (4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid.\n\n (5) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\n (6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid.\n\n (7) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\n (8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n (9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee, the first person or the third person.\n\n (10) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\nSubdivision D—Miscellaneous action\n\n123YQ  Miscellaneous action\n\n (b) the first person’s income management account has a credit balance.\n\nMiscellaneous action\n\n (2) The Secretary may, on behalf of the Commonwealth, take an action specified in a legislative instrument made by the Minister for the purposes of this subsection, so long as the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action do not exceed the credit balance of the first person’s income management account.\n\n (3) If the Secretary takes action under subsection (2), the Income Management Record is debited by an amount equal to the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action.\n\n (4) If the Secretary takes action under subsection (2), the first person’s income management account is debited by an amount equal to the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action.\n\n (5) The Secretary must not take action under subsection (2) unless the Secretary is satisfied that the action:\n\n (a) will benefit any or all of the following:\n\n (i) the first person;\n\n (ii) the first person’s children (if any);\n\n (iii) the first person’s partner (if any);\n\n (iv) any other dependants of the first person; and\n\n (b) will not result in the acquisition of any excluded goods or excluded services.\n\n (6) If the Secretary takes action under subsection (2), the taking of the action does not have consequences under the income tax law for:\n\n (a) the first person; or\n\n (b) any other person for whose benefit the action was taken.\n\n123YR  Credit of income management account in error\n\n (1) If the Secretary is satisfied that an amount (the excess amount) has been credited to a person’s income management account in error, the Secretary may determine, in writing, that:\n\n (a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or\n\n (b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.\n\nNote: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.\n\n (2) If the Secretary makes a determination under paragraph (1)(a):\n\n (a) the Income Management Record is debited by one or more amounts equal to the excess amount; and\n\n (b) the person’s income management account is debited by one or more amounts equal to the excess amount.\n\n (3) A determination made under subsection (1) is not a legislative instrument.\n\nDivision 7—Information\n\n123ZB  Information‑gathering powers—school enrolment and attendance\n\n  In determining the scope of the power conferred on the Secretary by section 192 or 195 to require the giving of information, or the production of a document, it is to be assumed that:\n\n (a) each reference in this Part to a declared primary school area were a reference to a State or Territory; and\n\n (b) each reference in this Part to a declared secondary school area were a reference to a State or Territory.\n\n123ZC  Child protection—notice of cancellation of category H welfare payments\n\n (a) a person ceases to be subject to the income management regime under section 123UC because of the cancellation of a category H welfare payment of the person or the person’s partner; and\n\n (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UC(1)(b) had not been withdrawn or revoked.\n\n (2) As soon as practicable after the cancellation, the Secretary must give a child protection officer of the State or Territory written notice of the cancellation.\n\n123ZD  Queensland Commission—notice of cancellation of welfare payments\n\n (a) a person ceases to be subject to the income management regime under section 123UF because of the cancellation of:\n\n (i) a category P welfare payment of the person or the person’s partner; or\n\n (ii) a category R welfare payment of the person or the person’s partner; and\n\n (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UF(1)(b) or (2)(c) had not been withdrawn or revoked.\n\n (2) As soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation.\n\n123ZDA  Other State/Territory referrals—notice of cancellation of category H welfare payments\n\n (a) a person ceases to be subject to the income management regime under section 123UFAA because of the cancellation of a category H welfare payment of the person or the person’s partner; and\n\n (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UFAA(1)(b) had not been withdrawn or revoked.\n\n (2) As soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation.\n\n123ZE  Disclosure of information to the Secretary—child protection\n\n (1) Despite any law (whether written or unwritten) in force in a State or Territory, a child protection officer of a State or Territory may give the Secretary information about a person if:\n\n (i) the person is subject to the income management regime under section 123UC; or\n\n (ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 123UC(1)(b) in relation to the person; and\n\n (2) If information about a person is disclosed by a child protection officer of a State or Territory as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the State or Territory for the purposes of the performance of the functions and duties, or the exercise of the powers, of the child protection officer in relation to the care, protection or welfare of children.\n\n123ZEA  Disclosure of information to the Secretary—Queensland Commission\n\n (1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if:\n\n (i) the person is subject to the income management regime under section 123UF; or\n\n (ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 123UF(1)(b) or (2)(c) in relation to the person; and\n\n (2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.\n\n123ZEAA  Disclosure of information to the Secretary—other State/Territory referrals\n\n (1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a recognised State/Territory authority may give the Secretary information about a person if:\n\n (i) the person is subject to the income management regime under section 123UFAA; or\n\n (ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 123UFAA(1)(b) in relation to the person; and\n\n (2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the performance of the functions and duties, or the exercise of the powers, of the officer or employee.\n\n123ZEB  Disclosure of information to the Secretary—school enrolment and attendance\n\n (1) Despite any law (whether written or unwritten) in force in a State or Territory:\n\nmay give the Secretary information about the enrolment, or non‑enrolment, of children at school.\n\n (2) Despite any law (whether written or unwritten) in force in a State or Territory:\n\nmay give the Secretary information about the attendance, or non‑attendance, of children at school.\n\nDivision 8—Debt recovery etc.\n\n123ZF  Person other than payee obtaining payment of a cheque\n\n (b) an amount is paid by cheque under section 123YM, 123YN, 123YO or 123YP; and\n\n (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and\n\n (d) a person (the second person) other than the payee of the cheque obtains possession of the cheque from the payee; and\n\n (e) the cheque is not endorsed by the payee to the second person; and\n\n (f) the second person obtains value for the cheque.\n\n (2) The amount of the cheque is a debt due by the second person to the Commonwealth.\n\n (3) The Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the amount of the cheque.\n\n (4) If the Secretary makes a determination under subsection (3), then an amount equal to the amount of the cheque is:\n\n123ZG  Misuse of vouchers and stored value cards\n\n (i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or\n\n (ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and\n\n (c) the Secretary’s action resulted in the first person’s income management account being debited; and\n\n (d) a person (the unauthorised person) other than the person to whom the voucher or stored value card was given:\n\n (i) obtains possession of the voucher or stored value card from the person to whom the voucher or stored value card was given; and\n\n (ii) uses the voucher or stored value card to acquire goods or services or to obtain cash; and\n\n (e) the unauthorised person does so without the consent of the person to whom the voucher or stored value card was given.\n\n (2) In the case of the use of a voucher, an amount equal to the face value of the voucher is a debt due by the unauthorised person to the Commonwealth.\n\n (3) In the case of the use of a stored value card, an amount equal to the monetary value involved in the use is a debt due by the unauthorised person to the Commonwealth.\n\n (4) In the case of the use of a voucher, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the face value of the voucher.\n\n (5) If the Secretary makes a determination under subsection (4), then an amount equal to the face value of the voucher is:\n\n (6) In the case of the use of a stored value card, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the monetary value involved in the use.\n\n (7) If the Secretary makes a determination under subsection (6), then an amount equal to the monetary value involved in the use is:\n\n123ZH  Repayment of money credited to an account\n\n (b) under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and\n\n (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid.\n\nRepayment\n\n (2) The Secretary may, by written notice given to the third person, require the third person to repay to the Commonwealth (as a debt due to the Commonwealth) so much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services.\n\n (a) the Secretary gives the third person a notice under subsection (2); and\n\n (b) the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services;\n\nthe Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.\n\n (4) If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is:\n\n123ZI  Breach of condition relating to crediting of account\n\n (b) under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and\n\n (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and\n\n (d) the third person has breached a condition of the payment.\n\n (2) So much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services is a debt due by the third person to the Commonwealth.\n\n (3) If the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.\n\n (4) If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is:\n\n123ZIA  Balance of income management account falls below value of action taken under Division 6\n\n (a) the Secretary takes action under Division 6 that requires an amount (the initial amount) to be debited from a person’s income management account; and\n\n (b) at any time between the taking of the action and the recording of the debit as mentioned in subsection 123ZNA(2), the balance of the person’s account falls below an amount equal to the initial amount.\n\nNote: The recording of the debiting of the initial amount may leave the person’s income management account having a debit balance, but subsections (2) and (3) allow a credit to that account of an amount equal to the initial amount.\n\n (2) The Secretary may determine, in writing, that the person’s income management account is to be credited by an amount equal to the initial amount.\n\n (3) If the Secretary makes a determination under subsection (2), then an amount equal to the initial amount is:\n\n (b) credited to the person’s income management account.\n\nDebt\n\n (4) If the Secretary makes a determination under subsection (2), then an amount equal to the initial amount is a debt due by the person to the Commonwealth.\n\n123ZJ  Value of action taken under Division 6 exceeds credit balance of income management account\n\n (b) the Secretary purports to take action under Division 6; and\n\n (c) apart from this section, the action is invalid because of a breach of whichever of the following requirements is applicable under Division 6:\n\n (i) in the case of giving a voucher—the requirement that the face value of the voucher must not exceed the credit balance of the first person’s income management account;\n\n (ii) in the case of giving a stored value card—the requirement that the monetary value stored on the card must not exceed the credit balance of the first person’s income management account;\n\n (iii) in the case of increasing the monetary value stored on a stored value card—the requirement that the increase in the monetary value must not exceed the credit balance of the first person’s income management account;\n\n (iv) in the case of paying an amount—the requirement that the amount paid must not exceed the credit balance of the first person’s income management account;\n\n (v) in the case of taking an action under subsection 123YQ(2)—the requirement that the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action must not exceed the credit balance of the first person’s income management account; and\n\n (d) the breach was the result of an administrative error or oversight.\n\nValidation\n\n (2) Both:\n\n (a) the action taken by the Secretary; and\n\n (b) the resulting debit from the first person’s income management account;\n\nare as valid as they would have been if:\n\n (c) the requirement mentioned in paragraph (1)(c) were not applicable to the action; and\n\n (d) this Part had allowed the first person’s income management account to have a debit balance.\n\n (2A) To avoid doubt, the action to which subparagraph (1)(c)(ii), (iii), (iv) or (v) applies is covered by paragraph 123ZN(1)(e), (f), (g) or (h) (as the case requires).\n\nRelevant excess\n\n (3) For the purposes of this section, the relevant excess is:\n\n (a) in the case of giving a voucher—the amount by which the face value of the voucher exceeds the credit balance of the first person’s income management account; or\n\n (b) in the case of giving a stored value card—the amount by which the monetary value stored on the card exceeds the credit balance of the first person’s income management account; or\n\n (c) in the case of increasing the monetary value stored on a stored value card—the amount by which the increase in the monetary value exceeds the credit balance of the first person’s income management account; or\n\n (d) in the case of paying an amount—the amount by which the amount paid exceeds the credit balance of the first person’s income management account; or\n\n (e) in the case of taking an action under subsection 123YQ(2)—the amount by which the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action exceeds the credit balance of the first person’s income management account.\n\n (4) An amount equal to the relevant excess is:\n\n (5) An amount equal to the relevant excess is a debt due by the first person to the Commonwealth.\n\n123ZJA  Action purportedly taken under Division 6 as a result of administrative error\n\n (a) the Secretary purports to take action under Division 6; and\n\n (b) apart from this section, the action is invalid; and\n\n (c) the action is due to an administrative error.\n\nRelevant excess\n\n (2) If the action purportedly taken results in an amount (an excess amount) being credited to a person’s income management account in error, the Secretary may determine, in writing, that:\n\n (a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or\n\n (b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.\n\nNote: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.\n\n (3) If the Secretary makes a determination under paragraph (2)(a):\n\n (a) the Income Management Record is debited by one or more amounts equal to the excess amount; and\n\n (b) the person’s income management account is debited by one or more amounts equal to the excess amount.\n\nDebt due to the Commonwealth\n\n (4) If the action purportedly taken results in an amount (an excess amount) being paid to a person in error and the person does not have an income management account, an amount equal to the excess amount is a debt due by the person to the Commonwealth.\n\n (5) If the action purportedly taken results in a voucher being given to a person in error, an amount equal to the face value of the voucher is a debt due by the person to the Commonwealth.\n\n (6) If the action purportedly taken results in a stored value card being given to a person in error, an amount equal to the monetary value of the stored value card is a debt due by the person to the Commonwealth.\n\n (7) Subject to subsection (8), if the action purportedly taken results in a payment being made to the credit of an account held by a person with:\n\n (a) a bank; or\n\n (b) a person specified in a legislative instrument made by the Secretary for the purposes of subparagraph 123YK(2)(a)(ii) or (b)(ii) or 123YL(2)(a)(ii) or (b)(ii);\n\nin error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.\n\n (8) If an account mentioned in subsection (7) is held by a person jointly or in common with another person, each account holder is jointly and severally liable for the payment of a debt due to the Commonwealth under that subsection.\n\n (9) If the action purportedly taken results in a payment being made to a person by way of a cheque or cash, and the payment is made in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.\n\n (10) If the action purportedly taken results in an amount (a shortfall amount) being debited from a person’s income management account in error, an amount equal to the shortfall amount must be:\n\n (b) credited to the person’s income management account.\n\n (11) A determination made under subsection (2) is not a legislative instrument.\n\nDivision 9—Miscellaneous\n\n123ZK  Secretary must comply with certain directions given by the Queensland Commission\n\n (a) a person is subject to the income management regime under section 123UF; and\n\n (b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under subsection 123XM(3), 123XN(3), 123XO(3) or 123XP(3) in relation to the person;\n\nthe Secretary must comply with the direction.\n\nDebits from income management accounts\n\n (a) a person is subject to the income management regime under section 123UF; and\n\n (b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under Division 6 that results in a debit from the person’s income management account;\n\nthe Secretary must comply with the direction.\n\n123ZL  Surrender of unused vouchers and unused stored value cards\n\n (i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or\n\n (ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and\n\n (c) as a result of the taking of the action referred to in paragraph (b), the first person’s income management account has been debited by a particular amount (the debited amount); and\n\n (d) the voucher or stored value card has not been used.\n\nSurrender of voucher or stored value card\n\n (2) The voucher or stored value card may be surrendered to the Secretary.\n\nIncome Management Record to be credited\n\n (3) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the Income Management Record.\n\nFirst person’s income management account to be credited\n\n (4) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the first person’s income management account.\n\n123ZM  Vouchers\n\n (1) The Secretary may, on behalf of the Commonwealth, purchase vouchers to be given under subsection 123YC(2) or 123YD(2).\n\n (a) issue vouchers to be given under subsection 123YC(2) or 123YD(2); and\n\n (b) enter into agreements with the suppliers of goods or services under which the suppliers undertake to accept those vouchers in consideration for the supply of goods or services.\n\n (3) Subsections (1) and (2) do not limit the executive power of the Commonwealth.\n\n (4) To the extent to which:\n\n (a) the issue of vouchers under paragraph (2)(a); or\n\n (b) an agreement entered into under paragraph (2)(b);\n\ninvolves a borrowing of money by the Commonwealth, that borrowing is authorised by this subsection.\n\nNote: Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by or under an Act.\n\n123ZN  Appropriation\n\n (1) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of:\n\n (aa) making payments under subsection 123UP(2); and\n\n (a) making payments under subsection 123WJ(4), (7) or (11) or 123WL(3); and\n\n (b) enabling the Secretary to set off an amount under subsection 123WJ(14); and\n\n (c) making a purchase mentioned in subsection 123ZM(1); and\n\n (d) making a payment of an amount payable by the Commonwealth under an agreement mentioned in paragraph 123ZM(2)(b); and\n\n (e) enabling the Secretary to give a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and\n\n (f) enabling the Secretary to increase, under subsection 123YE(2) or 123YF(2), the monetary value stored on a stored value card; and\n\n (g) enabling the Secretary to pay an amount under subsection 123YG(2), 123YH(2), 123YI(2), 123YJ(2), 123YK(2), 123YL(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and\n\n (h) paying or discharging expenses incurred by the Commonwealth in relation to action taken by the Secretary under subsection 123YQ(2); and\n\n (i) making a payment to cover an invalid action, as mentioned in subsection 123ZJA(1).\n\n (2) To avoid doubt, subsection (1) is the only provision of this Part that appropriates the Consolidated Revenue Fund.\n\n123ZNA  Recording of amounts in accounts and records\n\n (1) This section applies to:\n\n (a) the crediting of an amount to the Income Management Record, or to a person’s income management account, under this Part; and\n\n (b) the debiting of an amount from the Income Management Record, or from a person’s income management account, under this Part.\n\n (2) The crediting or debiting takes effect at the time an entry recording the crediting or debiting is made in the accounts and records of the Department or the Human Services Department.\n\n123ZO  This Part has effect despite other provisions etc.\n\n  This Part has effect despite anything in:\n\n (a) any other provision of this Act; or\n\n (b) the 1991 Act; or\n\n (c) the Family Assistance Act; or\n\n (d) the Family Assistance Administration Act; or\n\n (e) the Student Assistance Act 1973; or\n\n (f) the Veterans’ Entitlements Act.\n\n \n","sortOrder":249},{"sectionNumber":"full-source-retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nSocial Security (Administration) Act 1999\n\nNo. 191, 1999\n\nCompilation No. 163\n\nCompilation date: 5 December 2025\n\nIncludes amendments: Act No. 73, 2025\n\nThis compilation is in 2 volumes\n\nVolume 1: sections 1‑123ZO\n\nVolume 2: sections 124‑257\n\nSchedules\n\nEndnotes\n\nEach volume has its own contents\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Social Security (Administration) Act 1999 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).\n\nApplication, saving and transitional provisions\n\nIf 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.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nPresentational changes\n\nThe Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.\n\nModifications\n\nIf 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. Any modifications affecting the law are accessible on the Register.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n2A Application of the Criminal Code\n\n3 Interpretation\n\n5 Manner of giving notice\n\n6 Effect of certain determinations\n\n6A Secretary may arrange for use of computer programs to make decisions\n\n6B Norfolk Island\n\nPart 2—General administration of social security law\n\n7 General administration of social security law\n\n8 Principles of administration\n\n10 Agreement on administrative arrangements\n\nPart 3—Provision of benefits\n\nDivision 1—Claim for social security payment or concession card\n\nSubdivision A—Need for claim\n\n11 General rule\n\nSubdivision B—Cases where claim not necessary\n\n12 Deemed claim in certain cases\n\n12A One‑off payment to the aged\n\n12AA One‑off payments to carers\n\n12AB Economic security strategy payment and training and learning bonus\n\n12AC One‑off energy assistance payment\n\n12AD 2019 one‑off energy assistance payment\n\n12AE 2020 economic support payment\n\n12AF Additional economic support payments\n\n12AG Remote engagement program payment\n\n12AH 2022 cost of living payment\n\n12B Language, literacy and numeracy supplement\n\n12C Utilities allowance\n\n12D Energy supplement\n\n12DA Quarterly pension supplement\n\n12DB Quarterly energy supplement\n\n12E Child disability assistance\n\n12F Carer allowance\n\n12G Carer supplement\n\n12H Relocation scholarship payment\n\n12K Clean energy advance\n\n12L FHA supplement and relief payment\n\n13 Deemed claim—person contacting Department about a claim for a social security payment\n\n14 Deemed claim—person contacting Department about a claim for a concession card\n\n14A Determination for purposes of sections 13 and 14\n\n15 Deemed claim—incorrect or inappropriate claims\n\n15A Deemed claim—certain claims for carer allowance\n\nSubdivision C—Manner of making a claim\n\n16 How to make a claim\n\n17 Special requirements regarding claims for pension bonus\n\n18 Additional provisions regarding claim for special employment advance\n\n19 Special requirements regarding claims for essential medical equipment payment\n\nSubdivision E—Time limits for claims for pension bonus\n\n20 Interpretation\n\n21 General rule\n\n22 Last bonus period a full‑year period\n\n23 Last bonus period a part‑year period\n\n24 Claim by exempt partnered person\n\n25 Claim where membership has become non‑accruing\n\n26 Claim where person has post‑75 work period\n\nSubdivision EA—Time limits for claims for pension bonus bereavement payment\n\n26A General rule\n\n26B Extension\n\nSubdivision EB—Time limits for claims for student start‑up loans\n\n26C Time limit for claim\n\nSubdivision F—Time limit for claims for fares allowance\n\n27 Time limit for claim\n\nSubdivision FAA—Time limit for claims for Disaster Recovery Allowance\n\n27AA Time limit for claims for Disaster Recovery Allowance\n\nSubdivision FA—Time limit for claims for AGDRP\n\n27A Time limit for claim\n\nSubdivision FB—Time limit for claims for AVTOP\n\n27B Time limit for claims for AVTOP\n\nSubdivision G—Age requirement for certain claims\n\n28 Claims for disability support pension\n\nSubdivision H—Residence requirements for claimants\n\n29 General rule\n\n30 Residence requirements for claimants for special benefit\n\n30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas\n\n31 Exclusion of certain claims from requirements of section 29\n\n31A Exclusion of certain claims by special category visa holders from section 29 residence requirement\n\nSubdivision I—Withdrawal of claim\n\n33 Right to withdraw\n\n34 Manner of withdrawal\n\nSubdivision J—Special provision for certain claims\n\n35 Claims by persons in gaol etc.\n\n35A Claims for advance pharmaceutical allowance\n\n35B Secondary victim claims for AVTOP\n\nDivision 2—Determination of claim\n\n36 Obligation of Secretary to determine claim\n\n37 Grant of claim\n\n37AA Grant of claim—schooling requirements\n\n37AB Grant of claim—eligibility requirements taken to be satisfied etc.\n\n37A Duration of certain health care cards\n\n38 Refusal of claim for special employment advance\n\n39 Deemed refusal of claim\n\n40 Rejection of claim for failure to obtain foreign payment\n\nDivision 2A—Employment pathway plans\n\nSubdivision A—Entry into employment pathway plans\n\n40A Requirement to enter into employment pathway plans\n\n40B Use of technological processes\n\n40C Use of questionnaire\n\n40D Employment pathway plans—plans developed by the Employment Secretary\n\n40E Employment pathway plans—streamlined processes\n\n40F Employment pathway plan matters\n\n40G Employment pathway plans—examples of requirements\n\nSubdivision B—What employment pathway plans must not contain\n\n40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work\n\n40J Employment pathway plans not to contain requirements to participate in an approved program of work\n\n40K Employment pathway plans not to contain certain other requirements\n\nSubdivision C—Exemptions from employment pathway plan requirements\n\n40L Circumstances making it unreasonable etc. to comply with requirements\n\n40M Death of person’s partner\n\n40N Domestic violence\n\n40P Caring responsibilities\n\n40Q Pre‑natal and post‑natal relief\n\n40R Persons engaged in work\n\n40S Jobseeker payment rules only\n\n40T Exceptional circumstances\n\n40U General rules\n\nSubdivision D—Variation, cancellation and review of employment pathway plans\n\n40V Variation, cancellation and review of employment pathway plans\n\nSubdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans\n\n40W Notification of circumstances preventing or affecting compliance with employment pathway plans\n\nDivision 2B—Circumstances in which paid work is unsuitable\n\n40X Circumstances in which paid work is unsuitable\n\nDivision 2C—Guidelines\n\n40Y Guidelines\n\nDivision 3—Commencement of social security payment\n\n41 Commencement\n\n42 Start day\n\nDivision 3AA—Compliance with participation payment obligations: persons other than declared program participants\n\nSubdivision A—Introduction\n\n42AA Simplified outline of this Division\n\n42AB Division not to apply to declared program participants\n\nSubdivision B—Failures for which compliance action must be taken\n\n42AC Mutual obligation failures\n\n42AD Work refusal failures\n\n42AE Unemployment failures\n\nSubdivision C—Compliance action that must be taken for particular failures\n\n42AF Compliance action for mutual obligation failures\n\n42AG Compliance action for work refusal failures\n\n42AH Compliance action for unemployment failures\n\n42AI Reasonable excuses—matters that must or must not be taken into account\n\n42AJ Reasonable excuses for mutual obligation failures—prior notification required for certain failures\n\n42AK Relationship between provisions of this Subdivision\n\nSubdivision D—Effect of taking particular compliance action\n\n42AL Payment suspension periods for mutual obligation failures and work refusal failures\n\n42AM Reconnection requirements for mutual obligation failures and work refusal failures\n\n42AN Reducing instalments of participation payments for mutual obligation failures\n\n42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments\n\n42AP Cancelling participation payments\n\nSubdivision E—Miscellaneous\n\n42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes\n\n42AR Minister to make determinations for purposes of this Division\n\n42AS Relationship with section 80\n\nDivision 3A—Compliance with participation payment obligations: declared program participants\n\nSubdivision A—Introduction\n\n42A Simplified outline of this Division\n\n42B Application of this Division only to declared program participants\n\nSubdivision B—No show no pay failures\n\n42C No show no pay failures\n\n42D Deducting the penalty amount\n\nSubdivision C—Connection and reconnection failures\n\n42E Connection failures\n\n42F Requiring a person to apply for job vacancies\n\n42G Reconnection requirements\n\n42H Reconnection failures\n\n42J Further reconnection requirements\n\n42K Notification requirements\n\n42L Deduction of penalty amount\n\nSubdivision D—Serious failures\n\n42M Serious failure for persistent non‑compliance\n\n42N Serious failure for refusing or failing to accept an offer of paid work\n\n42NA Comprehensive compliance assessment\n\n42NC Determination about serious failure requirements and severe financial hardship\n\n42P Consequences of serious failure\n\n42Q Ending serious failure periods\n\n42R Determining that participation payments payable\n\nSubdivision E—Unemployment resulting from a voluntary act or misconduct\n\n42S Unemployment resulting from a voluntary act or misconduct\n\nSubdivision EA—Immediate non‑payment of participation payments for certain failures\n\n42SA Immediate non‑payment of participation payments for certain failures\n\nSubdivision EB—Failures by certain recipients of parenting payments\n\n42SB Suspension of payments for certain failures\n\nSubdivision EC—Non‑attendance failures\n\n42SC Non‑attendance failures\n\n42SD Deduction of penalty amount\n\nSubdivision F—General provisions\n\n42T Legislative instrument determining method for working out penalty amount\n\n42U Legislative instruments relating to reasonable excuse\n\n42UA Prior notification of excuse\n\n42V Deduction from any participation payment\n\n42W Penalty amount not a debt\n\n42X Payability\n\n42Y Day of determination\n\n42YA Relationship between Subdivisions of this Division\n\n42Z Relationship with section 80\n\nDivision 4—Payment of social security payment\n\n43 Payment by instalments\n\n44 Payment of instalments to person or nominee\n\n45 Payment of youth allowance—person under 18 and not independent\n\n46 Payment of special employment advance\n\n46A Payment of AGDRP\n\n46B Payment of AVTOP\n\n47 Payment of lump sum benefits\n\n47A Payment of one‑off payment to the aged\n\n47AB Payment of carer supplement\n\n47AC Payment of one‑off energy assistance payment\n\n47AD Payment of 2019 one‑off energy assistance payment\n\n47AE Payment of first 2020 economic support payment\n\n47AF Payment of second 2020 economic support payment\n\n47AG Payment of additional economic support payment 2020\n\n47AH Payment of additional economic support payment 2021\n\n47AI Payment of 2022 cost of living payment\n\n47B Payment of one‑off payments to carers\n\n47C Payment of economic security strategy payments and training and learning bonuses\n\n47CA Payment of activity supplement or farm financial assessment supplement\n\n47CB Payment of FHA supplement or relief payment\n\n47D Payment of clean energy advance\n\n47DAA Payment of essential medical equipment payment\n\n47DA Relocation scholarship payments\n\n47DB Student start‑up loans\n\n48 Payment of telephone allowance\n\n48A Payment of utilities allowance\n\n48B Payment of energy supplement\n\n48C Payment of quarterly pension supplement\n\n48D Payment of quarterly energy supplement\n\n49 Timing of payment of fares allowance\n\n50 To whom fares allowance is to be paid\n\n50A Payment of child disability assistance\n\n51 Advance in case of severe financial hardship\n\n52 Payment of certain amounts outside Australia\n\n53 Payment of instalments where pension received under other legislation\n\n54 Rounding off instalments of social security payments\n\n55 Payment into bank account etc.\n\n56 Youth allowance—failure to nominate parent\n\n57 Change of particular payday\n\n58 Payment of social security payment after death\n\n59 Payment of pension bonus or pension bonus bereavement payment after death\n\nDivision 5—Protection of social security payments\n\n60 Protection of social security payment\n\n61 Deduction at request of recipient—payments to Commissioner of Taxation\n\n61A Deduction at request of recipient—other payments\n\n62 Effect of garnishee or attachment order\n\nDivision 6—Requirement to provide information, undergo medical examination etc.\n\nSubdivision A—General\n\n63 Requirement to attend Department etc.\n\n63A Proof of life certificate\n\n64 Effect of failing to comply with requirement to attend Department etc.\n\n66 Notice to obtain foreign payment\n\nSubdivision B—Requirement to give information about change of circumstances etc.\n\n66A General requirement to inform of a change of circumstances etc.\n\n67 Person who has made a claim\n\n68 Person receiving social security payment or holding concession card\n\n69 Person who has received a social security payment or who has held a concession card\n\n70 Care receiver in respect of whom carer payment being made\n\n70AA Person who is subject to the enhanced income management regime etc.\n\n70A Person who is subject to the income management regime etc.\n\n72 Provisions relating to notice\n\n73 Application of provisions\n\n74 Offence—failure to comply with notice\n\nSubdivision C—Provision of tax file numbers\n\n75 Requesting tax file numbers\n\n76 How request for tax file number is satisfied\n\n77 Consequences of not giving tax file number\n\nDivision 7—Various determinations\n\nSubdivision A—Provisions relating to social security payments\n\n78A When this Subdivision does not apply\n\n78 Rate increase determination\n\n79 Rate reduction determination\n\n80 Cancellation or suspension determination\n\n81 Cancellation or suspension for non‑compliance with certain notices\n\n81A Rate reduction determination for non‑compliance with notice relating to rent assistance\n\n82 Cancellation or suspension for failure to take action to obtain foreign payment\n\n83 Changes to payments by computer\n\n84 Automatic transfer by computer\n\n85 Resumption of payment after cancellation or suspension—general\n\n85AA Resumption of payment after cancellation or suspension—provision of proof of life certificate\n\n85A Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance\n\nSubdivision B—Provisions relating to concession cards\n\n86 Cancellation—person not qualified\n\n87 Cancellation—non‑compliance with certain notices\n\n88 Changes to qualification by computer\n\n89 Resumption of qualification\n\nDivision 8—Automatic cancellations and variations\n\nSubdivision A—Social security payments\n\n90A When this Subdivision does not apply\n\n90 Automatic cancellation—transfer to new payment type\n\n91 Automatic cancellation of parenting payment on transfer to new payment type—member of couple\n\n93 Automatic cancellation—recipient complying with subsection 68(2) notice\n\n94 Automatic cancellation—recipient not complying with subsection 68(2) notice\n\n95 Automatic cancellation—failure to provide statement under subsection 68(2)\n\n95A Automatic cancellation of carer payment for non‑compliance with section 70 notice\n\n95B Automatic suspension or cancellation—carer allowance\n\n95C Social security payment—suspension instead of cancellation under section 93 or 94\n\n95CA Carer payment—suspension instead of cancellation under section 93 or 94\n\n95D Age pension—suspension instead of cancellation under section 93 or 94\n\n96 Disability support pension—suspension instead of cancellation under section 93\n\n97 Disability support pension—suspension taken to have been under section 96\n\n97A Disability support pension—suspension instead of cancellation under section 94 (person obtains work)\n\n97B Disability support pension—suspension instead of cancellation under section 94 (person’s income)\n\n97C Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners)\n\n98 Automatic rate reduction—partner starting to receive pension or benefit\n\n99 Automatic rate reduction—recipient complying with subsection 68(2) notice\n\n100 Automatic rate reduction—recipient not complying with subsection 68(2) notice\n\n101 Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment\n\n103 Changes to payments by computer following automatic cancellation or reduction\n\nSubdivision B—Concession cards\n\n104 Automatic cancellation—holder complying with subsection 68(4) notice\n\n105 Automatic cancellation—holder not complying with subsection 68(4) notice","sortOrder":1000000},{"sectionNumber":"full-source-retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"106 Changes by computer following automatic cancellation\n\n106A Automatic cancellation on cessation of qualification\n\nSubdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards\n\n106B Automatic cancellation\n\nDivision 9—Date of effect of determinations\n\nSubdivision A—Determinations relating to claims\n\n107 General rule\n\nSubdivision B—Determinations under section 78, 81A, 85, 85AA or 85A\n\n108 Definition\n\n109 Date of effect of favourable determination resulting from review\n\n109A Date of effect of determination under section 78 resulting from review required by section 126A\n\n110 Date of effect of favourable determination\n\n110A Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance\n\n111 Date of effect of section 78 determination resulting from indexation or adjustment\n\n114 Date of effect of other favourable determinations\n\n114A Date of effect of favourable determination—portability extensions\n\nSubdivision C—Determinations under section 89\n\n115 Definition\n\n116 Date of effect of favourable determination resulting from review—concession cards\n\nSubdivision D—Date of effect of adverse determinations relating to social security payments\n\n117 Definition\n\n118 Date of effect of adverse determinations—general rules\n\n120 Additional rules in the case of carer payment\n\nSubdivision E—Date of effect of adverse determinations relating to concession cards\n\n121 Definition\n\n122 Date of effect of adverse determinations\n\nDivision 10—Continuing effect of determinations\n\n123 Continuing effect of determinations\n\nDivision 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator\n\n123AA Estimate of maintenance income for Youth Allowance Rate Calculator\n\n123AB Verification of maintenance income for Youth Allowance Rate Calculator\n\n123AC Annualised maintenance income free area\n\n123AD Annual amount of estimated maintenance income\n\nPart 3A—Nominees\n\nDivision 1—Preliminary\n\n123A Definitions\n\nDivision 2—Appointment of nominees\n\n123B Appointment of payment nominee\n\n123C Appointment of correspondence nominee\n\n123D Provisions relating to appointments\n\n123E Suspension and revocation of nominee appointments\n\nDivision 3—Payments to payment nominee\n\n123F Payment of instalments etc. to payment nominee\n\nDivision 4—Functions and responsibilities of nominees\n\n123G Definition\n\n123H Actions of correspondence nominee on behalf of benefit recipient\n\n123I Giving of notices to correspondence nominee\n\n123J Compliance by correspondence nominee\n\n123K Notification by nominee of matters affecting ability to act as nominee\n\n123L Statement by payment nominee regarding disposal of money\n\nDivision 5—Other matters\n\n123M Protection of principal against liability for actions of nominee\n\n123N Protection of nominee against criminal liability\n\n123O Duty of nominee to principal\n\n123P Saving of Secretary’s powers of revocation\n\n123Q Saving of Secretary’s powers to give notices to principal\n\n123R Notification of nominee where notice given to principal\n\n123S Right of nominee to attend with principal\n\nPart 3AA—Enhanced income management regime\n\nDivision 1—Introduction\n\n123SA Simplified outline of this Part\n\n123SB Definitions\n\nDivision 2—Persons subject to the enhanced income management regime\n\nSubdivision A—Queensland Commission\n\n123SC Persons subject to the enhanced income management regime—Queensland Commission\n\nSubdivision B—Child protection\n\n123SCA Persons subject to the enhanced income management regime—child protection\n\nSubdivision C—School enrolment and attendance\n\n123SCB Persons subject to the enhanced income management regime—school enrolment\n\n123SCC Persons subject to the enhanced income management regime—school attendance\n\n123SCD Eligible care child\n\n123SCE Eligible care period\n\n123SCF Declared primary school area and declared secondary school area\n\n123SCG Applicable school period\n\n123SCH Unsatisfactory school attendance situation\n\n123SCI Formal warning—unsatisfactory school attendance situation\n\nSubdivision D—Referrals by recognised State/Territory authority\n\n123SCJ Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority\n\n123SCK Recognised State/Territory authority\n\nSubdivision E—Vulnerable welfare payment recipients\n\n123SCL Persons subject to the enhanced income management regime—vulnerable welfare payment recipients\n\n123SCM Determination by Secretary—vulnerable welfare payment recipient\n\nSubdivision F—Disengaged youth and long‑term welfare payment recipients\n\n123SD Persons subject to the enhanced income management regime—Northern Territory\n\n123SDA Persons subject to the enhanced income management regime—persons residing in other areas\n\n123SDB Exempt welfare payment recipient—inclusion in specified class\n\n123SDC Exempt welfare payment recipient—person is not the principal carer of a child\n\n123SDD Exempt welfare payment recipient—person is the principal carer of a child\n\n123SDE Full‑time student\n\n123SDF School age child\n\nSubdivision G—Volunteers\n\n123SE Persons subject to the enhanced income management regime—volunteers\n\n123SF Voluntary enhanced income management agreement\n\n123SG Duration of voluntary enhanced income management agreement\n\n123SH Termination of voluntary enhanced income management agreement\n\nSubdivision H—Relationship with other provisions\n\n123SI Relationship with other provisions\n\n123SIA Requests to transfer from the income management regime\n\nDivision 3—Portioning of welfare payments\n\nSubdivision A—Persons subject to the enhanced income management regime—Queensland Commission\n\n123SJ Category B welfare payment to be split into qualified and unqualified portions\n\n123SK Payment of balance of qualified portion of category B welfare payment\n\n123SL Recipient’s use of funds from category B welfare payments\n\nSubdivision AA—Persons subject to the enhanced income management regime—child protection\n\n123SLA Category B welfare payment to be split into qualified and unqualified portions\n\n123SLB Payment of balance of qualified portion of category B welfare payment\n\n123SLC Recipient’s use of funds from category B welfare payments\n\nSubdivision AB—Persons subject to the enhanced income management regime—school enrolment and attendance\n\n123SLD Category B welfare payment to be split into qualified and unqualified portions\n\n123SLE Payment of balance of qualified portion of category B welfare payment\n\n123SLF Recipient’s use of funds from category B welfare payments\n\nSubdivision AC—Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority\n\n123SLG Category B welfare payment to be split into qualified and unqualified portions\n\n123SLH Payment of balance of qualified portion of category B welfare payment\n\n123SLI Recipient’s use of funds from category B welfare payments\n\nSubdivision AD—Persons subject to the enhanced income management regime—vulnerable welfare payment recipients\n\n123SLJ Relevant payment to be split into qualified and unqualified portions\n\n123SLK Payment of balance of qualified portion of relevant payment\n\n123SLL Recipient’s use of funds from relevant payments\n\nSubdivision B—Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients\n\n123SM Category D welfare payment to be split into qualified and unqualified portions\n\n123SN Payment of balance of qualified portion of category D welfare payment\n\n123SO Recipient’s use of funds from category D welfare payments\n\nSubdivision C—Persons subject to the enhanced income management regime—volunteers\n\n123SP Category B welfare payment to be split into qualified and unqualified portions\n\n123SQ Payment of balance of qualified portion of category B welfare payment\n\n123SR Recipient’s use of funds from category B welfare payments\n\nDivision 4—Information\n\n123SS Disclosure of information to the Secretary—financial institution\n\n123ST Disclosure of information—Queensland Commission\n\n123STA Disclosure of information—child protection\n\n123STB Disclosure of information—school enrolment and attendance\n\n123STC Disclosure of information—referrals by recognised State/Territory authority\n\nDivision 5—Other matters\n\n123SU BasicsCard bank accounts\n\n123SV Exceptions to Part IV of the Competition and Consumer Act 2010\n\n123SVA Periodic estimates of cost of enhanced income management regime\n\n123SW This Part has effect despite other provisions etc.\n\nPart 3B—Income management regime\n\nDivision 1—Introduction\n\n123TA Simplified outline\n\n123TB Objects\n\n123TC Definitions\n\n123TF Declared child protection State or Territory\n\n123TG Declared primary school area and declared secondary school area\n\n123TGAA Recognised State/Territory authority\n\n123TGAB Recognised State or Territory\n\n123TGA Declared voluntary income management area\n\n123TH Priority needs\n\n123TI Excluded goods and excluded services\n\n123TJ Pornographic material\n\n123TK Eligible recipient\n\nDivision 2—Persons subject to the income management regime\n\nSubdivision A—Situations in which a person is subject to the income management regime\n\n123UA Persons subject to the income management regime\n\n123UC Persons subject to the income management regime—child protection\n\n123UCA Persons subject to the income management regime—vulnerable welfare payment recipients\n\n123UCB Persons subject to the income management regime—disengaged youth\n\n123UCC Persons subject to the income management regime—long‑term welfare payment recipients\n\n123UD Persons subject to the income management regime—school enrolment\n\n123UE Persons subject to the income management regime—school attendance\n\n123UF Persons subject to the income management regime—Queensland Commission\n\n123UFAA Persons subject to the income management regime—other State/Territory referrals\n\n123UFA Persons subject to the income management regime—voluntary income management agreement\n\nSubdivision BA—Additional provisions relating to vulnerable welfare payment recipients\n\n123UGA Vulnerable welfare payment recipients\n\nSubdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients\n\n123UGB Exempt welfare payment recipient—inclusion in specified class\n\n123UGC Exempt welfare payment recipient—person is not the principal carer of a child\n\n123UGD Exempt welfare payment recipient—person is the principal carer of a child\n\n123UGF Full‑time student\n\n123UGG School age child\n\nSubdivision C—Additional provisions relating to school enrolment and attendance\n\n123UH Eligible care child\n\n123UI Applicable school period\n\n123UJ Eligible care period\n\n123UK Unsatisfactory school attendance situation\n\n123UL Formal warning—unsatisfactory school attendance situation\n\nSubdivision D—Voluntary income management agreements\n\n123UM Voluntary income management agreement\n\n123UN Duration of voluntary income management agreement\n\n123UO Termination of voluntary income management agreement\n\nSubdivision E—Relationship with Part 3AA\n\n123UP Payment of credit balances of income management account to BasicsCard bank account\n\nDivision 3—Establishment of the Income Management Record\n\n123VA Establishment of the Income Management Record\n\n123VC Bank account\n\nDivision 4—Income management accounts\n\nSubdivision A—Income management accounts\n\n123WA Income management accounts\n\n123WB Opening of income management accounts\n\n123WC Closing of income management accounts\n\n123WD Income management accounts may have a nil balance\n\n123WE One income management account per person\n\n123WF Credits to, and debits from, a person’s income management account\n\nSubdivision B—Account statements\n\n123WG Internet and telephone access to account statements etc.\n\n123WH Person may request account statements\n\n123WI Account statements to be given\n\nSubdivision C—Miscellaneous\n\n123WJ Payment of credit balances of income management accounts—person ceases to be subject to the income management regime\n\n123WJA Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again\n\n123WK Payment into bank account etc. of credit balances of income management accounts—person ceases to be subject to the income management regime\n\n123WL Payment of credit balances of income management accounts—person dies\n\n123WM Payment into bank account etc. of credit balances of income management accounts—person dies\n\n123WN Crediting of amounts to income management accounts—Ministerial rules\n\nDivision 5—Deductions from welfare payments\n\nSubdivision B—Child protection\n\n123XI Deductions from category I welfare payments—instalments\n\n123XJ Deductions from category I welfare payments—lump sums\n\nSubdivision BA—Vulnerable welfare payment recipients\n\n123XJA Deductions from category I welfare payments—instalments\n\n123XJB Deductions from category I welfare payments—lump sums\n\nSubdivision BB—Disengaged youth and long‑term welfare payment recipients\n\n123XJC Deductions from category I welfare payments—instalments\n\n123XJD Deductions from category I welfare payments—lump sums\n\nSubdivision C—School enrolment and attendance\n\n123XK Deductions from category I welfare payments—instalments\n\n123XL Deductions from category I welfare payments—lump sums\n\nSubdivision D—Queensland Commission\n\n123XM Deductions from category Q welfare payments—instalments\n\n123XN Deductions from category Q welfare payments—lump sums\n\n123XO Deductions from category S welfare payments—instalments\n\n123XP Deductions from category S welfare payments—lump sums\n\nSubdivision DAA—Other State/Territory referrals\n\n123XPAA Deductions from category I welfare payments—instalments\n\n123XPAB Deductions from category I welfare payments—lump sums\n\nSubdivision DA—Voluntary income management agreements\n\n123XPA Deductions from category I welfare payments—instalments\n\n123XPB Deductions from category I welfare payments—lump sums\n\nSubdivision DB—Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments\n\n123XPBA Deductions from 2020 economic support payments\n\n123XPBB Deductions from additional economic support payments\n\n123XPC Deductions from economic security strategy payments\n\n123XPD Deductions from household stimulus payments\n\n123XPE Deductions from 2022 cost of living payment\n\nSubdivision DC—Relocation scholarship payments\n\n123XPG Deductions from relocation scholarship payments\n\nSubdivision DE—Clean energy income‑managed payments\n\n123XPJ Deductions from clean energy income‑managed payments\n\nSubdivision DF—ETR income‑managed payments\n\n123XPK Deductions from ETR income‑managed payments\n\nSubdivision E—Deducted amount taken to have been paid\n\n123XQ Deducted amount taken to have been paid\n\nDivision 6—Debits from income management accounts\n\nSubdivision A—General\n\n123YA Priority needs—application of income management account\n\n123YB Secretary must have regard to the best interests of children\n\nSubdivision B—Restricted debits\n\n123YC Vouchers—general\n\n123YD Vouchers—Part 3B payment nominee\n\n123YE Stored value cards—general\n\n123YF Stored value cards—Part 3B payment nominee\n\n123YG Expense payment—general\n\n123YH Expense payment—Part 3B payment nominee\n\n123YI Crediting of account—general\n\n123YJ Crediting of account—Part 3B payment nominee\n\n123YK Transfers to accounts—general\n\n123YL Transfers to accounts—Part 3B payment nominee\n\n123YM Restricted direct payment—general\n\n123YN Restricted direct payment—Part 3B payment nominee\n\nSubdivision C—Unrestricted debits\n\n123YO Unrestricted direct payment—general\n\n123YP Unrestricted direct payment—Part 3B payment nominee\n\nSubdivision D—Miscellaneous action\n\n123YQ Miscellaneous action\n\n123YR Credit of income management account in error\n\nDivision 7—Information\n\n123ZB Information‑gathering powers—school enrolment and attendance\n\n123ZC Child protection—notice of cancellation of category H welfare payments\n\n123ZD Queensland Commission—notice of cancellation of welfare payments\n\n123ZDA Other State/Territory referrals—notice of cancellation of category H welfare payments\n\n123ZE Disclosure of information to the Secretary—child protection\n\n123ZEA Disclosure of information to the Secretary—Queensland Commission\n\n123ZEAA Disclosure of information to the Secretary—other State/Territory referrals\n\n123ZEB Disclosure of information to the Secretary—school enrolment and attendance\n\nDivision 8—Debt recovery etc.\n\n123ZF Person other than payee obtaining payment of a cheque\n\n123ZG Misuse of vouchers and stored value cards\n\n123ZH Repayment of money credited to an account\n\n123ZI Breach of condition relating to crediting of account\n\n123ZIA Balance of income management account falls below value of action taken under Division 6\n\n123ZJ Value of action taken under Division 6 exceeds credit balance of income management account\n\n123ZJA Action purportedly taken under Division 6 as a result of administrative error\n\nDivision 9—Miscellaneous\n\n123ZK Secretary must comply with certain directions given by the Queensland Commission\n\n123ZL Surrender of unused vouchers and unused stored value cards\n\n123ZM Vouchers\n\n123ZN Appropriation\n\n123ZNA Recording of amounts in accounts and records\n\n123ZO This Part has effect despite other provisions etc.\n\nAn Act to provide for the administration of the social security law, and for related purposes\n\nPart 1—Preliminary\n\n1  Short title\n\nThis Act may be cited as the Social Security (Administration) Act 1999.\n\n2  Commencement\n\n(1) Subject to subsections (2) and (3), this Act commences on 20 March 2000.\n\n(2) This Part and section 257 commence on the day on which this Act receives the Royal Assent.\n\n(3) Section 54 commences on 1 July 2000.\n\n2A  Application of the Criminal Code\n\nChapter 2 of the Criminal Code applies to all offences against this Act.\n\n3  Interpretation\n\n(1) Unless a contrary intention appears, an expression that is defined in Schedule 1 has in this Act the meaning given in that Schedule.","sortOrder":1000001},{"sectionNumber":"full-source-retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"(2) Unless a contrary intention appears, an expression that is used in the 1991 Act has the same meaning, when used in this Act, as in the 1991 Act.\n\n(5) To the extent that a provision of this Act relates to a double orphan pension, a reference in the provision to a person includes a reference to an approved care organisation.\n\n(6) Unless a contrary intention appears, a reference in this Act (other than section 243) to this Act includes a reference to regulations made under section 243.\n\n5  Manner of giving notice\n\n(1) If a provision of the social security law requires that a written notice be given to a person, it is sufficient compliance with that provision if the notice is given in a manner approved by the Secretary.\n\n(2) Nothing in subsection (1) prevents a notice being given in accordance with section 28A of the Acts Interpretation Act 1901.\n\n6  Effect of certain determinations\n\nIf the social security law provides that a determination takes effect on a day (the earlier day) before the day on which the determination is made, the social security law has effect as if the determination had taken effect on the earlier day.\n\n6A  Secretary may arrange for use of computer programs to make decisions\n\n(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary or any other officer may make decisions under the social security law.\n\nNote: The definition of decision in the 1991 Act applies for the purposes of this section: see subsection 3(2) of this Act. That definition covers the doing of any act or thing. This means, for example, that the doing of things under subsection 202(1) or (2) of this Act are decisions for the purposes of this section.\n\n(2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.\n\n6B  Norfolk Island\n\nThis Act extends to Norfolk Island.\n\nPart 2—General administration of social security law\n\n7  General administration of social security law\n\nThe Secretary is, subject to any direction of the Minister, to have the general administration of the social security law.\n\n8  Principles of administration\n\nIn administering the social security law, the Secretary is to have regard to:\n\n(a) the desirability of achieving the following results:\n\n(i) the ready availability to members of the public of advice and information services relating to income support generally and to the social security payments that are available;\n\n(ii) the ready availability of publications containing clear statements about income support entitlements and procedural requirements;\n\n(iii) the delivery of services under the law in a fair, courteous, prompt and cost‑efficient manner;\n\n(iv) the development of a process of monitoring and evaluating delivery of programs with an emphasis on the impact of programs on social security recipients;\n\n(v) the establishment of procedures to ensure that abuses of the social security system are minimised; and\n\n(b) the special needs of disadvantaged groups in the community; and\n\n(c) the need to be responsive to the interests of the Aboriginal and Torres Strait Islander communities and to cultural and linguistic diversity; and\n\n(d) the importance of the system of review of decisions under the social security law; and\n\n(e) the need to ensure that social security recipients have adequate information regarding the system of review of decisions under the social security law; and\n\n(f) the need to apply government policy in accordance with the law and with due regard to relevant decisions of the ART.\n\n10  Agreement on administrative arrangements\n\n(2) The Secretary and the Employment Secretary may agree on administrative arrangements to further the objectives of Part 2.12 of the 1991 Act.\n\n(3) Administrative arrangements agreed on under subsection (2) may provide for officers of the Employment Department to perform functions or duties, or exercise powers, under Part 2.12 of the 1991 Act.\n\nPart 3—Provision of benefits\n\nDivision 1—Claim for social security payment or concession card\n\nSubdivision A—Need for claim\n\n11  General rule\n\n(1) Subject to subsections (2) and (3) and Subdivision B, a person who wants to be granted:\n\n(a) a social security payment; or\n\n(b) a concession card;\n\nmust make a claim for the payment or card in accordance with this Division.\n\n(2) Subsection (1) does not apply to a concession card for which a person is qualified under Division 1 of Part 2A.1 of the 1991 Act or under Subdivision A of Division 3 of that Part.\n\n(3) Subsection (1) does not apply to a seniors health card that the Secretary must issue to a person under subsection 1061ZJA(3), (4) or (5) of the 1991 Act.\n\nSubdivision B—Cases where claim not necessary\n\n12  Deemed claim in certain cases\n\n(1) The Secretary may determine that, for the purposes of the social security law, a person is taken to have made a claim for an income support payment (the new payment) if the person became qualified for the new payment while receiving, or immediately after ceasing to receive, another income support payment (the other payment).\n\nWhen a claim is taken to be made\n\n(2) The person is taken to have made the claim for the new payment on the day specified in the Secretary’s determination. That day must not be earlier than:\n\n(a) the day that is 13 weeks before the day on which the Secretary’s determination is made; or\n\n(b) if the person became qualified for the new payment after the day referred to in paragraph (a)—the day on which the person became qualified for the new payment.\n\nSome eligibility requirements taken to be satisfied etc.\n\n(3) If the new payment and the other payment are social security payments, then subsections (4) and (5) apply in relation to the Secretary considering, for the purposes of deciding whether to make the determination, whether the person became qualified for the new payment.\n\n(4) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new payment if:\n\n(a) the new requirement is the same as an eligibility requirement (the current requirement) for the other payment; and\n\n(b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and\n\n(c) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.\n\n(5) If an eligibility factor (the new factor) for the new payment is the same as an eligibility factor (the current factor) for the other payment, the Secretary may:\n\n(a) treat the new factor as existing in relation to the person, if:\n\n(i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and\n\n(ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or\n\n(b) treat the new factor as not existing in relation to the person, if:\n\n(i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and\n\n(ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.\n\nOther powers not limited\n\n(6) Subsections (3) to (5) do not, by implication, limit any other power of the Secretary to do the following in making a determination under subsection (1):\n\n(a) treat a person as having satisfied an eligibility requirement;\n\n(b) treat an eligibility factor as existing, or not existing, in relation to a person.\n\nDefinitions\n\n(7) In this section:\n\neligibility factor, for an income support payment, means a fact, matter or circumstance the existence of which in relation to a person is relevant to:\n\n(a) whether the person qualifies for the payment; or\n\n(b) whether the payment is payable to the person.\n\neligibility requirement, for an income support payment, means a requirement that a person must satisfy:\n\n(a) to qualify for the payment; or\n\n(b) for the payment to be payable to the person.\n\n12A  One‑off payment to the aged\n\nA claim is not required for one‑off payment to the aged.\n\n12AA  One‑off payments to carers\n\nA claim is not required for the following:\n\n(a) one‑off payment to carers (carer allowance related);\n\n(b) one‑off payment to carers (carer payment related);\n\n(c) 2005 one‑off payment to carers (carer payment related);\n\n(d) 2005 one‑off payment to carers (carer service pension related);\n\n(e) 2005 one‑off payment to carers (carer allowance related);\n\n(f) 2006 one‑off payment to carers (carer payment related);\n\n(g) 2006 one‑off payment to carers (wife pension related);\n\n(h) 2006 one‑off payment to carers (partner service pension related);\n\n(i) 2006 one‑off payment to carers (carer service pension related);\n\n(j) 2006 one‑off payment to carers (carer allowance related);\n\n(k) 2007 one‑off payment to carers (carer payment related);\n\n(l) 2007 one‑off payment to carers (wife pension related);\n\n(m) 2007 one‑off payment to carers (partner service pension related);\n\n(n) 2007 one‑off payment to carers (carer service pension related);\n\n(o) 2007 one‑off payment to carers (carer allowance related);\n\n(p) 2008 one‑off payment to carers (carer payment related);\n\n(q) 2008 one‑off payment to carers (wife pension related);\n\n(r) 2008 one‑off payment to carers (partner service pension related);\n\n(s) 2008 one‑off payment to carers (carer service pension related);\n\n(t) 2008 one‑off payment to carers (carer allowance related).\n\n12AB  Economic security strategy payment and training and learning bonus\n\nA claim is not required for an economic security strategy payment or training and learning bonus.\n\n12AC  One‑off energy assistance payment\n\nA claim is not required for a one‑off energy assistance payment under Part 2.6 of the 1991 Act.\n\n12AD  2019 one‑off energy assistance payment\n\nA claim is not required for a one‑off energy assistance payment under Part 2.6A of the 1991 Act.\n\n12AE  2020 economic support payment\n\nA claim is not required for:\n\n(a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or\n\n(b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act.\n\n12AF  Additional economic support payments\n\nA claim is not required for:\n\n(a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or\n\n(b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act.\n\n12AG  Remote engagement program payment\n\nA claim is not required for a remote engagement program payment.\n\n12AH  2022 cost of living payment\n\nA claim is not required for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act.\n\n12B  Language, literacy and numeracy supplement\n\nA claim is not required for language, literacy and numeracy supplement.\n\n12C  Utilities allowance\n\nA claim is not required for utilities allowance.\n\n12D  Energy supplement\n\nA claim is not required for energy supplement under Part 2.25B of the 1991 Act.\n\n12DA  Quarterly pension supplement\n\nA claim is not required for quarterly pension supplement.\n\n12DB  Quarterly energy supplement\n\nA claim is not required for quarterly energy supplement.\n\n12E  Child disability assistance\n\nA claim is not required for child disability assistance.\n\n12F  Carer allowance\n\nA claim is not required for carer allowance if the person qualifies for the carer allowance under section 954B.\n\n12G  Carer supplement\n\nA claim is not required for carer supplement.\n\n12H  Relocation scholarship payment\n\nA claim is not required for a relocation scholarship payment.\n\n12K  Clean energy advance\n\nA claim is not required for a clean energy advance.\n\n12L  FHA supplement and relief payment\n\nA claim is not required for FHA supplement or relief payment.\n\n13  Deemed claim—person contacting Department about a claim for a social security payment\n\n(1) For the purposes of the social security law, if:\n\n(a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and\n\n(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n(b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and\n\n(d) the person lodges a claim for the social security payment within 14 days after the Department is contacted;\n\nthe person is taken to have made a claim for the social security payment on the day on which the Department was contacted.\n\n(2) For the purposes of the social security law, if:\n\n(a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment, other than crisis payment or special employment advance; and\n\n(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n(b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and\n\n(d) the person lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n(e) the Secretary is satisfied that:\n\n(i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and\n\n(ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier;\n\nthe person is taken to have made a claim for the social security payment on the day on which the Department was contacted.\n\n(3) For the purposes of the social security law, if:\n\n(a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a social security payment, other than crisis payment or special employment advance; and\n\n(aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n(b) the claimant is, on the day on which the Department is contacted, qualified for the social security payment; and\n\n(d) the claimant lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n(e) the Secretary is satisfied that:\n\n(i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and\n\n(ii) throughout that period, the other person suffered from a medical condition; and\n\n(iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier;\n\nthe claimant is taken to have made a claim for the social security payment on the day on which the Department was contacted.\n\n(3A) For the purposes of the social security law, if:\n\n(a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and\n\n(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n(b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and\n\n(d) the person lodges a claim for the social security payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n(e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier;\n\nthe person is taken to have made a claim for the social security payment on the day on which the Department was contacted.\n\n(4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means.\n\n(5) This section has effect subject to section 18.\n\n14  Deemed claim—person contacting Department about a claim for a concession card\n\n(1) For the purposes of the social security law, if:\n\n(a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and\n\n(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n(b) the person is, on the day on which the Department is contacted, qualified for the concession card; and\n\n(d) the person lodges a claim for the concession card within 14 days after he or she contacts the Department;\n\nthe person is taken to have made a claim for the concession card on the day on which the Department was contacted.\n\n(2) For the purposes of the social security law, if:\n\n(a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and\n\n(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n(b) the person is, on the day on which the Department is contacted, qualified for the concession card; and\n\n(d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n(e) the Secretary is satisfied that:","sortOrder":1000002},{"sectionNumber":"full-source-retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"(i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and\n\n(ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier;\n\nthe person is taken to have made a claim for the concession card on the day on which the Department was contacted.\n\n(3) For the purposes of the social security law, if:\n\n(a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a concession card; and\n\n(aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n(b) the claimant is, on the day on which the Department is contacted, qualified for the concession card; and\n\n(d) the claimant lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n(e) the Secretary is satisfied that:\n\n(i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and\n\n(ii) throughout that period, the other person suffered from a medical condition; and\n\n(iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier;\n\nthe claimant is taken to have made a claim for the concession card on the day on which the Department was contacted.\n\n(3A) For the purposes of the social security law, if:\n\n(a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and\n\n(aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and\n\n(b) the person is, on the day on which the Department is contacted, qualified for the concession card; and\n\n(d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and\n\n(e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier;\n\nthe person is taken to have made a claim for the concession card on the day on which the Department was contacted.\n\n(4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means.\n\n14A  Determination for purposes of sections 13 and 14\n\nThe Minister may, by legislative instrument, determine a class of persons for the purposes of paragraphs 13(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) and 14(1)(aa), (2)(aa), (3)(aa) and (3A)(aa).\n\n15  Deemed claim—incorrect or inappropriate claims\n\n(1) For the purposes of the social security law, if:\n\n(a) a person makes an incorrect claim; and\n\n(b) the person subsequently makes a claim for a social security payment for which the person is qualified; and\n\n(c) the Secretary is satisfied that it is reasonable that this subsection be applied;\n\nthe person is taken to have made a claim for that social security payment on the day on which he or she made the incorrect claim.\n\n(2) For the purposes of this section, a claim made by a person is an incorrect claim if:\n\n(a) the claim is for a social security payment, other than a supplementary payment; and\n\n(b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another social security payment, other than a supplementary payment.\n\n(3) For the purposes of this section, a claim made by a person is an incorrect claim if:\n\n(a) the claim is for a supplementary payment; and\n\n(b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another supplementary payment.\n\n(4) For the purposes of the social security law, if:\n\n(a) a person makes a claim for a pension, allowance, benefit or other payment under a law of the Commonwealth, other than this Act or the 1991 Act, or under a program administered by the Commonwealth, that is similar in character to a social security payment, other than a supplementary payment (the initial claim); and\n\n(b) when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and\n\n(c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the later claim); and\n\n(d) the Secretary is satisfied that it is reasonable that this subsection be applied;\n\nthe person is taken to have made the later claim on the day on which the initial claim was made.\n\n(4A) For the purposes of the social security law, if:\n\n(a) a person makes a claim for an income support payment (the initial claim); and\n\n(b) on the day on which the initial claim is made, the person is qualified for another income support payment (the other income support payment); and\n\n(c) the person subsequently makes a claim for the other income support payment (the later claim); and\n\n(d) the Secretary is satisfied that it is reasonable that this subsection be applied;\n\nthe person is taken to have made the later claim on the day on which the initial claim was made.\n\n(4B) For the purposes of the social security law, if:\n\n(a) a person makes a claim for a supplementary payment (the initial claim); and\n\n(b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the other supplementary payment); and\n\n(c) the person subsequently makes a claim for the other supplementary payment (the later claim); and\n\n(d) the Secretary is satisfied that it is reasonable that this subsection be applied;\n\nthe person is taken to have made the later claim on the day on which the initial claim was made.\n\n(5) In this section:\n\nsupplementary payment means:\n\n(a) carer allowance; or\n\n(b) double orphan pension; or\n\n(c) education entry payment; or\n\n(i) mobility allowance; or\n\n(j) pensioner education supplement.\n\n15A  Deemed claim—certain claims for carer allowance\n\nClaim for carer payment rejected\n\n(1) For the purposes of the social security law, if:\n\n(a) on or after 1 July 2009, a person (the carer) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph 198(2)(d); and\n\n(b) the Secretary makes a determination rejecting the claim; and\n\n(c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and\n\n(d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and\n\n(e) the Secretary is satisfied that it is reasonable that this section be applied;\n\nthe carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment.\n\nCarer payment suspended or cancelled\n\n(2) For the purposes of the social security law, if:\n\n(a) on or after 1 July 2009, a person (the carer) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph 198(2)(d); and\n\n(b) the Secretary makes a determination cancelling or suspending the carer’s carer payment; and\n\n(c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and\n\n(d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and\n\n(e) the Secretary is satisfied that it is reasonable that this section be applied;\n\nthe carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect.\n\nSubdivision C—Manner of making a claim\n\n16  How to make a claim\n\n(1) A person makes a claim for a social security payment or a concession card:\n\n(a) by lodging a written claim for the payment or card; or\n\n(b) by making the claim in accordance with subsection (7).\n\n(2) A written claim for the purpose of subsection (1) for one social security payment or for a concession card must be in accordance with a form approved by the Secretary.\n\n(3) Two or more written claims by the same person may be combined in one claim. Such a claim must be made in accordance with a form approved by the Secretary for the purposes of this subsection.\n\n(4) A written claim is lodged by being delivered:\n\n(a) to a person apparently performing duties at a place approved for the purpose by the Secretary; or\n\n(b) to a person approved for the purpose by the Secretary; or\n\n(c) in a manner, and to a place, approved for the purpose by the Secretary.\n\n(5) Subject to subsection (6), a place or person approved for the purposes of subsection (4) must be a place or person in Australia.\n\n(6) The Secretary may approve a place or person outside Australia for the purposes of subsection (4) for the lodgment of:\n\n(a) claims made under a scheduled international social security agreement; or\n\n(b) claims for AGDRP in relation to a major disaster that occurred outside Australia; or\n\n(c) claims for AVTOP.\n\n(7) A person may make a claim in a manner approved by the Secretary for the purposes of this subsection.\n\n(8) The power of the Secretary to make an approval under subsection (7) is not limited by any other provision of this section.\n\n17  Special requirements regarding claims for pension bonus\n\n(1) A claim for pension bonus must be:\n\n(a) attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or\n\n(b) made in accordance with an invitation under subsection (3); or\n\n(c) the subject of a determination under subsection (5).\n\n(2) A claim for pension bonus may be made even though it is not certain whether the person will start to receive an age pension at or after the time when the person makes the claim. The claim has effect as a claim that is contingent on the person receiving an age pension.\n\n(3) If:\n\n(a) a person makes a claim for an age pension; and\n\n(b) the claim is in accordance with a form that does not require the claimant to disclose whether the claimant is registered as a member of:\n\n(i) the pension bonus scheme; or\n\n(ii) the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and\n\n(c) the person is, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and\n\n(d) a claim by the person for pension bonus is not attached to the claim for age pension;\n\nthe Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus:\n\n(e) within such period after the lodgment of the claim for age pension as is specified in the notice; and\n\n(f) at such place as in specified in the notice.\n\n(4) If a claim for pension bonus is made in accordance with an invitation under subsection (3), the person is taken to have claimed the pension bonus at the same time as the person claimed age pension.\n\n(5) If:\n\n(a) a person who is a registered member of the pension bonus scheme lodges a claim for age pension; and\n\n(b) a claim for pension bonus for the person is lodged after the claim for age pension; and\n\n(c) the Secretary is satisfied that, having regard to guidelines (if any) made under subsection (6), special circumstances apply in relation to the lodgment of the claim for pension bonus;\n\nthe Secretary may determine that the claim for the pension bonus is taken to have been made at the time the person claimed age pension.\n\n(6) The Secretary may, by legislative instrument, make guidelines for the purposes of subsection (5).\n\n18  Additional provisions regarding claim for special employment advance\n\n(1) A claim for special employment advance must specify the amount of special employment advance sought.\n\n(2) Subject to subsection (3), if a claim based on the effect of the unreceived income on the claimant’s special employment advance qualifying entitlement is lodged before the first day for which the entitlement is not payable or is reduced as a result of the claimant, or the claimant’s partner, having earned the income, the claim is taken to have been made on that day.\n\n(3) If:\n\n(a) the claimant’s special employment advance qualifying entitlement referred to in subsection (2) is an entitlement in respect of which the Secretary has determined that this subsection applies; and\n\n(b) the claim is lodged before the day referred to in subsection (2);\n\nthe Secretary may treat the claim as having been made on a day earlier than the day referred to in subsection (2) that the Secretary considers appropriate having regard to the kind of entitlement concerned.\n\n(4) A claim based on the need for financial assistance from the Commonwealth to take up offered employment must set out:\n\n(a) particulars (including the duration) of the employment; and\n\n(b) the way in which the financial assistance is to be expended to enable the claimant to take up the employment.\n\n19  Special requirements regarding claims for essential medical equipment payment\n\n(1) A claim for an essential medical equipment payment must include a statement by the person making the claim that the medical equipment to which the claim relates is used in the relevant EMEP residence.\n\n(2) If:\n\n(a) a person who provides care and attention for a person with medical needs makes a claim for an essential medical equipment payment; and\n\n(b) the person with medical needs is not a dependent child of that or any other person;\n\nthe claim must be signed by the person with medical needs.\n\nSubdivision E—Time limits for claims for pension bonus\n\n20  Interpretation\n\nAn expression used in this Subdivision has the same meaning as it has in Part 2.2A of the 1991 Act.\n\n21  General rule\n\n(1) A claim for pension bonus must be made within the lodgment period fixed by this Subdivision.\n\n(2) However, the Secretary may in special circumstances allow a person a longer period to make a claim than the period fixed by this Subdivision. If the Secretary does so, the lodgment period for the person’s claim is the period allowed by the Secretary.\n\n(3) Subsection (2) does not apply in relation to a claim for which the lodgment period is fixed by subsection 23(1).\n\n22  Last bonus period a full‑year period\n\n(1) If a person’s last bonus period is a full‑year period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks immediately following that bonus period. However, this rule does not apply if:\n\n(a) the person is an exempt partnered person for the purposes of section 24 at the end of the person’s last bonus period; or\n\n(b) the person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period; or\n\n(c) the person is a post‑75 member of the pension bonus scheme and has a post‑75 work period (see subsection 26(2)).\n\n(2) For the purposes of this section, if a person has accrued only one full‑year bonus period, that period is the person’s last bonus period.\n\n23  Last bonus period a part‑year period\n\n(1) If a person’s last bonus period is a part‑year period, the lodgment period for a claim by the person for pension bonus is:\n\n(a) the period of 13 weeks beginning at the end of that bonus period; or\n\n(b) if the Secretary allows a longer period—that longer period.\n\nHowever, this subsection does not apply if:\n\n(c) the person is an exempt partnered person (see subsection 24(2)) at the end of the person’s last bonus period; or\n\n(d) the person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period; or\n\n(e) the person is a post‑75 member of the pension bonus scheme and has a post‑75 work period (see subsection 26(2)).\n\n(2) If:\n\n(a) subsection (1) applies to a person’s claim for pension bonus; and\n\n(b) the claim is lodged within a period allowed under paragraph (1)(b);\n\nDivision 6 of Part 2.2A of the 1991 Act has effect, in relation to the calculation of the amount of that pension bonus, as if the person had not accrued the part‑year bonus period.\n\n24  Claim by exempt partnered person\n\n(1) If a person is an exempt partnered person at the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period:\n\n(a) beginning at the end of that bonus period; and\n\n(b) ending at:\n\n(i) the time of the last occasion on which the person’s partner could have lodged a claim for a pension bonus; or\n\n(ii) the end of the period of 13 weeks after the person ceases to be a member of the same couple (whether because of the death of the person’s partner or for any other reason);\n\nwhichever comes first.\n\n(2) For the purposes of this section, a person is an exempt partnered person at a particular time if, at that time, the person is a member of a couple and:\n\n(a) the person’s partner is an accruing or non‑accruing member of the pension bonus scheme; or\n\n(b) the person’s partner is an accruing or non‑accruing member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act.\n\n25  Claim where membership has become non‑accruing\n\nIf a person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period:\n\n(a) beginning at the end of the person’s last bonus period; and\n\n(b) ending 13 weeks after the time when the person’s membership of the scheme ceases to be non‑accruing.\n\n26  Claim where person has post‑75 work period","sortOrder":1000003},{"sectionNumber":"full-source-retrieval-0005","sectionType":"document_chunk","heading":"Document excerpt 5","content":"(1) If a post‑75 member of the pension bonus scheme has a post‑75 work period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks beginning at the end of the period nominated in the claim as the person’s post‑75 work period.\n\n(2) For the purposes of this section, a post‑75 member of the pension bonus scheme has a post‑75 work period if all of the following requirements are satisfied:\n\n(a) the person’s claim for pension bonus nominates a particular period as the person’s post‑75 work period;\n\n(b) the nominated period begins immediately after the end of the person’s last bonus period;\n\n(c) if it were assumed that the person had been an accruing member of the pension bonus scheme throughout each test period that is applicable to the person, the person would have passed the work test for each test period.\n\n(3) For the purposes of subsection (2), the test period or test periods applicable to a person are worked out as follows:\n\n(a) identify the extended period, which is that part of the nominated period when the person was neither:\n\n(i) subject to a compensation preclusion period or a carer preclusion period; nor\n\n(ii) covered by a declaration under section 92Q of the 1991 Act;\n\n(b) if the extended period is 365 days or less—the extended period is the only test period;\n\n(c) if the extended period is longer than 365 days—each of the following periods is a test period:\n\n(i) the full‑year period beginning at the start of the extended period;\n\n(ii) if 2 or more succeeding full‑year periods are included in the extended period—each of those full‑year periods;\n\n(iii) the period (if any) consisting of the remainder of the extended period.\n\n(4) In addition to its effect apart from this subsection, section 93B of the 1991 Act also has the effect it would have if each reference in paragraph 93B(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the pension bonus scheme were a reference to a post‑75 member of the scheme.\n\nSubdivision EA—Time limits for claims for pension bonus bereavement payment\n\n26A  General rule\n\nA person’s claim for pension bonus bereavement payment must be made within the period of 26 weeks beginning on the day of death of the partner in respect of whom the person is qualified for pension bonus bereavement payment.\n\n26B  Extension\n\nThe Secretary may in special circumstances allow a person a longer period to make a claim than the period under section 26A. If the Secretary does so, the person’s claim must be made before the end of the period allowed by the Secretary.\n\nSubdivision EB—Time limits for claims for student start‑up loans\n\n26C  Time limit for claim\n\n(1) A person’s claim for a student start‑up loan for a qualification period must be made before the end of the qualification period.\n\n(2) Despite subsection (1), a person’s claim for a student start‑up loan for a qualification period in which the person is expected to complete the relevant approved scholarship course must be made at least 35 days before the course end date.\n\nSubdivision F—Time limit for claims for fares allowance\n\n27  Time limit for claim\n\n(1) Subject to this section, a claim for fares allowance must be lodged in the study year to which the claim relates or before 1 April next following the end of that year (the final date).\n\n(2) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:\n\n(a) the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and\n\n(b) circumstances beyond the claimant’s control prevented the claim being lodged before the final date.\n\n(3) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:\n\n(a) circumstances beyond the claimant’s control prevented the claimant taking reasonable steps to lodge the claim, or have the claim lodged, before the final date; and\n\n(b) the claimant has sought to lodge the claim as soon as practicable after those circumstances ceased to exist.\n\nSubdivision FAA—Time limit for claims for Disaster Recovery Allowance\n\n27AA  Time limit for claims for Disaster Recovery Allowance\n\n(1) A claim for a Disaster Recovery Allowance relating to a Part 2.23B major disaster must be lodged within 6 months after the determination of the disaster under section 36A of the 1991 Act.\n\n(2) However, the claim may be lodged more than 6 months after the determination if the Secretary is satisfied that:\n\n(a) there are special circumstances applying to the person’s claim that justify a late lodgement; and\n\n(b) the claim is lodged within a reasonable period having regard to those circumstances.\n\nSubdivision FA—Time limit for claims for AGDRP\n\n27A  Time limit for claim\n\n(1) A claim for an AGDRP relating to a major disaster must be lodged within 6 months after the determination of the disaster under section 36 of the 1991 Act.\n\n(2) However, the claim may be lodged more than 6 months after the declaration if the Secretary is satisfied that:\n\n(a) there are special circumstances applying to the person’s claim that justify a late lodgment; and\n\n(b) the claim is lodged within a reasonable period having regard to those circumstances.\n\nSubdivision FB—Time limit for claims for AVTOP\n\n27B  Time limit for claims for AVTOP\n\n(1) A claim for an AVTOP by a primary victim of a declared overseas terrorist act must be lodged within 2 years after the day the declaration is made under subsection 35B(1) of the 1991 Act.\n\n(2) A claim for an AVTOP by a secondary victim of a declared overseas terrorist act must be lodged within 12 months after the day the close family member to whom the claim relates died.\n\n(3) However, a claim may be lodged after the period referred to in subsection (1) or (2) if the Secretary is satisfied that:\n\n(a) there are special circumstances applying to the person’s claim that justify a late lodgment; and\n\n(b) the claim is lodged within a reasonable period having regard to those circumstances.\n\nSubdivision G—Age requirement for certain claims\n\n28  Claims for disability support pension\n\nA person cannot make a claim for a disability support pension unless the person is under the pension age on the day on which the claim is lodged.\n\nSubdivision H—Residence requirements for claimants\n\n29  General rule\n\n(1) Subject to sections 30, 30A, 31 and 31A, a claim for a social security payment or a concession card may only be made by a person who:\n\n(a) is an Australian resident; and\n\n(b) is in Australia.\n\n(2) Subject to sections 30, 30A, 31 and 31A, a claim made at a time when the claimant is not an Australian resident or is not in Australia is taken not to have been made.\n\n30  Residence requirements for claimants for special benefit\n\nA claim for special benefit may only be made by a person who:\n\n(a) is in Australia; and\n\n(b) satisfies one of the following subparagraphs:\n\n(i) the person is an Australian resident;\n\n(iii) the person holds a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act.\n\n30A  Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas\n\nDespite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a crisis payment if the person is qualified for special benefit because he or she is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act.\n\n31  Exclusion of certain claims from requirements of section 29\n\n(1) Section 29 does not apply to a claim for an AGDRP if the claim relates to a major disaster that occurred in Australia or outside Australia.\n\n(1A) Section 29 does not apply to a claim for an AVTOP.\n\n(1B) Section 29 does not apply to a claim for a Disaster Recovery Allowance.\n\n(2) Section 29 does not apply to a claim for parenting payment if:\n\n(a) the claimant is an Australian resident; and\n\n(b) the claimant, while outside Australia, has been receiving an income support payment; and\n\n(c) the income support payment has been cancelled or has ceased to be payable; and\n\n(d) the claim is made within 13 weeks after the income support payment was cancelled or ceased to be payable, as the case may be.\n\n(3) Section 29 does not apply to a claim for double orphan pension.\n\n31A  Exclusion of certain claims by special category visa holders from section 29 residence requirement\n\nDespite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a social security payment or a concession card if:\n\n(a) the person is a special category visa holder residing in Australia; and\n\n(b) in order to qualify for the payment or concession card concerned, the person is not required to be an Australian resident if the person is a special category visa holder residing in Australia.\n\nSubdivision I—Withdrawal of claim\n\n33  Right to withdraw\n\n(1) A claimant for a social security payment or a concession card, or a person acting on behalf of such a claimant, may withdraw a claim that has not been determined.\n\n(2) A claim that is withdrawn is taken not to have been made.\n\n34  Manner of withdrawal\n\n(1) A claim may be withdrawn orally or in writing or in any other manner approved by the Secretary.\n\n(2) If:\n\n(a) a person claims both a pension bonus and an age pension; and\n\n(b) the claim for an age pension is withdrawn;\n\nthe claim for a pension bonus is taken to have been withdrawn.\n\n(3) If:\n\n(a) a person claims both a pension bonus and an age pension; and\n\n(b) the claim for an age pension is rejected as a direct or indirect result of the operation of:\n\n(i) Division 2 of Part 3.12 of the 1991 Act; or\n\n(ii) Part 3.14 of that Act;\n\nthe claim for a pension bonus is taken to have been withdrawn.\n\nSubdivision J—Special provision for certain claims\n\n35  Claims by persons in gaol etc.\n\n(1) A person who is:\n\n(a) in gaol; or\n\n(b) undergoing psychiatric confinement because he or she has been charged with an offence;\n\nmay make a claim for a social security pension or benefit or for a crisis payment not earlier than 3 weeks before the person’s expected release day.\n\n(2) A day is a person’s expected release day for the purpose of subsection (1) if there are reasonable grounds for believing that the person will be released from gaol or psychiatric confinement on that day.\n\n35A  Claims for advance pharmaceutical allowance\n\n(1) A person may only make a claim for advance pharmaceutical allowance if the claim is made in accordance with subsection (2), (3) or (4).\n\n(2) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:\n\n(a) the person has received an instalment of a social security pension in relation to an instalment period that included 31 December in the previous calendar year; and\n\n(b) the claim is lodged within 14 days after the end of that instalment period.\n\n(3) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:\n\n(a) the person claims a social security pension in that year; and\n\n(b) the claim for advance pharmaceutical allowance is lodged:\n\n(i) when the claim for the pension is lodged; or\n\n(ii) after the claim for the pension is lodged but before that claim is determined.\n\n(4) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:\n\n(a) the person has been qualified for pharmaceutical allowance for a period (the qualification period) during the calendar year; and\n\n(b) the amount spent by the person during the qualification period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of:\n\n(i) pharmaceutical allowance; and\n\n(ii) advance pharmaceutical allowance.\n\n35B  Secondary victim claims for AVTOP\n\n(1) If a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died, the Secretary must make reasonable inquiries as to whether there are other persons (a potential claimant) who may also qualify for an AVTOP as a secondary victim in relation to the same close family member.\n\n(2) If the Secretary considers there are potential claimants, the Secretary must give each of them a written notice stating that:\n\n(a) he or she may make a claim for an AVTOP as a secondary victim in relation to the close family member; and\n\n(b) he or she must make a claim before the day (the claim due day) specified in the notice; and\n\n(c) if he or she fails to make a claim by the claim due day, an AVTOP in relation to the close family member will not be payable to him or her.\n\n(3) The claim due day must be at least 30 days after the day the notice is given to the potential claimant.\n\n(4) If the Secretary is satisfied that it is appropriate to do so, the Secretary may change the claim due day to a later day.\n\n(5) If the Secretary changes the claim due day under subsection (4), then:\n\n(a) the Secretary must change the claim due day for each of the potential claimants to the new claim day; and\n\n(b) the Secretary must give each of the potential claimants a written notice of the new claim due day; and\n\n(c) the new claim due day is taken to be the day specified in the notice under subsection (2) for the purposes of subparagraph 1061PAC(b)(ii) of the 1991 Act.\n\nDivision 2—Determination of claim\n\n36  Obligation of Secretary to determine claim\n\n(1) Subject to this section, the Secretary must, in accordance with the social security law, determine a claim for a social security payment or a concession card, either granting or rejecting the claim.\n\n(2) If a person claims both a pension bonus and an age pension, the Secretary must not determine the claim for pension bonus until the claim for age pension has been granted.\n\n(3) If more than one person makes a claim for an AVTOP as a secondary victim of a declared overseas terrorist act in relation to the same close family member, the Secretary must determine the claims at the same time.\n\n(4) If a person claims a student start‑up loan for a qualification period, the Secretary may determine the person’s claim at a time the Secretary considers appropriate, having regard to the principle that, for a claim made before the start of the period of study concerned for the relevant approved scholarship course, the time should generally be close to the start of that period of study.\n\nNote: For approved scholarship course, see section 592M of the 1991 Act.\n\n(5) Nothing in subsection (4) affects the operation of section 39.\n\n37  Grant of claim\n\n(1) Subject to this section and section 40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that:\n\n(a) the claimant is qualified for the social security payment; and\n\n(b) the social security payment is payable.\n\n(1A) The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that:\n\n(a) the claimant is qualified, or is expected to be qualified, for the payment; and\n\n(b) the payment would be payable apart from the application of a compliance penalty period.\n\n(2) The Secretary must determine that a claim for a jobseeker payment is to be granted if the Secretary is satisfied that:\n\n(a) the claimant is qualified, or is expected to be qualified, for the payment; and\n\n(b) the payment would be payable apart from:\n\n(i) the application of a waiting period; or\n\n(ii) the application of a compliance penalty period; or\n\n(v) the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; or\n\n(vi) the operation of section 615 of the 1991 Act.\n\n(3) The Secretary must determine that a claim for a social security payment to which this subsection applies is to be granted if the Secretary is satisfied that:\n\n(a) the person is qualified, or is expected to be qualified, for the payment; and\n\n(b) the payment would be payable if the person were not subject to a seasonal work preclusion period.\n\n(4) Subsection (3) applies to the following social security payments:\n\n(c) jobseeker payment;\n\n(d) parenting payment;\n\n(g) youth allowance;\n\n(ga) special benefit;\n\n(h) disability support pension;\n\n(j) carer payment;\n\n(k) austudy payment.\n\n(5) If:\n\n(a) a determination has been made under subsection (1) granting a claim for a jobseeker payment to a person who was qualified for the payment under subsection 593(1B) of the 1991 Act; and\n\n(b) the person ceases to be qualified for the payment under subsection 593(1B) of the 1991 Act but becomes qualified for the payment under subsection 593(1) of that Act within 14 days after the person ceased to be qualified under subsection 593(1B);\n\nthe Secretary may make a determination varying the first‑mentioned determination to give effect to any change in the person’s start day.\n\n(6) The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that:\n\n(a) the person is qualified, or is expected to be qualified, for the allowance or payment; and\n\n(b) the allowance or payment would be payable, apart from:\n\n(i) the application of a waiting period; or\n\n(ii) the application of a compliance penalty period; or\n\n(v) the application of an income maintenance period where the rate of allowance or payment payable to the person is nil; or\n\n(vi) if the claim is a claim for youth allowance—the operation of section 547AA of the 1991 Act.\n\n(7) The Secretary must determine that a claim made in accordance with section 35 for a social security pension or benefit or for a crisis payment is to be granted if the Secretary is satisfied that:\n\n(a) the claimant:\n\n(i) is in gaol; or\n\n(ii) is undergoing psychiatric confinement because he or she has been charged with an offence; and\n\n(b) the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and","sortOrder":1000004},{"sectionNumber":"full-source-retrieval-0006","sectionType":"document_chunk","heading":"Document excerpt 6","content":"(c) there are reasonable grounds for believing that the claimant will be released from gaol or psychiatric confinement on or before the day that is the claimant’s expected release day for the purposes of subsection 35(1); and\n\n(d) either:\n\n(i) in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or\n\n(ii) in any case, the claimant is expected to be qualified for the pension, benefit or payment immediately after the claimant is released from gaol or psychiatric confinement; and\n\n(e) the pension, benefit or payment is expected to be payable to the claimant immediately after the claimant is released from gaol or psychiatric confinement.\n\n(8) The Secretary must make a determination granting a claim for a concession card if the Secretary is satisfied that the claimant is qualified for the card.\n\nNote: In some cases, the Secretary must not make a determination granting a claim for a seniors health card or an income‑tested health care card if the Secretary makes a request under subsection 75(2) or (3) of the claimant (about providing tax file numbers): see subsection 77(1).\n\n(9) A determination under subsection (8) granting a claim for a seniors health card:\n\n(a) must specify the period at the end of which the determination ceases to have effect; and\n\n(b) unless it has already been cancelled, ceases to have effect at the end of that period.\n\n(10) A determination under subsection (8) granting a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act:\n\n(a) must specify the period at the end of which the determination ceases to have effect; and\n\n(b) unless it has already been cancelled, ceases to have effect at the end of that period.\n\n(11) The Minister may, by legislative instrument, determine the periods that are to be specified in determinations for the purposes of subsections (9) and (10).\n\n37AA  Grant of claim—schooling requirements\n\n(1) Without limiting subsection 37(1), the Secretary must determine that a claim for a schooling requirement payment is to be granted if the Secretary is satisfied that:\n\n(a) the person is qualified, or is expected to be qualified, for the payment; and\n\n(b) the payment would be payable if it were not for the application of subsection 124G(1), 124L(1) or 124NE(1).\n\n(2) Subsection (1) does not apply to a schooling requirement payment under the Veterans’ Entitlements Act.\n\nNote 1: Schooling requirement payments are social security benefits, social security pensions and certain payments under the Veterans’ Entitlements Act (see section 124D of this Act).\n\nNote 2: Section 124G and 124L provide that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice or an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply). Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice (subject to exceptions in that section).\n\nNote 3: If the payment is suspended under section 124H, 124M or 124NF (because of the application of subsection 124G(1), 124L(1) or 124NE(1)) on the day the claim is granted, the start day for the payment is deferred until the suspension ends (at the earliest) (see clause 5 of Schedule 2).\n\n37AB  Grant of claim—eligibility requirements taken to be satisfied etc.\n\n(1) If a claim for a social security payment or concession card (the new benefit) is made by a person receiving or holding another social security payment or concession card (the current benefit), then subsections (2) and (3) apply in relation to the Secretary considering, for the purposes of determining under section 37 whether the claim is to be granted:\n\n(a) whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit; and\n\n(b) if the new benefit is a social security payment—whether the Secretary is satisfied that the new benefit is, would be, or is expected to be, payable to the person.\n\n(2) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new benefit if:\n\n(a) the new requirement is the same as an eligibility requirement (the current requirement) for the current benefit; and\n\n(b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and\n\n(c) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.\n\n(3) If an eligibility factor (the new factor) for the new benefit is the same as an eligibility factor (the current factor) for the current benefit, the Secretary may:\n\n(a) treat the new factor as existing in relation to the person, if:\n\n(i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and\n\n(ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or\n\n(b) treat the new factor as not existing in relation to the person, if:\n\n(i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and\n\n(ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.\n\nOther powers not limited\n\n(4) This section does not, by implication, limit any other power of the Secretary to do the following in making a determination under section 37:\n\n(a) treat a person as having satisfied an eligibility requirement;\n\n(b) treat an eligibility factor as existing, or not existing, in relation to a person.\n\nDefinitions\n\n(5) In this section:\n\neligibility factor means:\n\n(a) for a social security payment—a fact, matter or circumstance the existence of which in relation to a person is relevant to:\n\n(i) whether the person qualifies for the payment; or\n\n(ii) whether the payment is payable to the person; or\n\n(b) for a concession card—a fact, matter or circumstance the existence of which in relation to a person is relevant to whether the person qualifies for the card.\n\neligibility requirement means:\n\n(a) for a social security payment—a requirement that a person must satisfy:\n\n(i) to qualify for the payment; or\n\n(ii) for the payment to be payable to the person; or\n\n(b) for a concession card—a requirement that a person must satisfy to qualify for the card.\n\n37A  Duration of certain health care cards\n\n(1) A seniors health card expires at the end of the period specified, for the purposes of subsection 37(9), in the determination granting the claim for the card.\n\n(1A) However, subsection (1) does not apply to a seniors health card issued under subsection 1061ZJA(3), (4) or (5) of the 1991 Act.\n\n(2) A health care card granted to a person qualified for the card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act expires at the end of the period specified, for the purposes of subsection 37(10), in the determination granting the claim for the card.\n\n(3) A person to whom a concession card referred to in subsection (1) or (2) has been granted may make a claim for a further concession card before the first‑mentioned card expires.\n\n38  Refusal of claim for special employment advance\n\n(1) Subject to subsection (2), the Secretary must refuse a claim for special employment advance if:\n\n(a) the claim is based on the effect of unreceived income on the claimant’s special employment advance qualifying entitlement; and\n\n(b) the Secretary is satisfied that the income will be received within 2 days after the claim is made.\n\n(2) Subsection (1) does not apply if the Secretary considers that the claimant’s financial needs are such that the claim should be granted.\n\n(3) In this section:\n\nunreceived income has the same meaning as in subsection 1061EM(1) of the 1991 Act.\n\n39  Deemed refusal of claim\n\n(1) Subject to subsections (3) and (9), if the Secretary does not make a determination regarding a claim within the period of 13 weeks after the day on which the claim was made, the Secretary is taken to have made, at the end of that period, a determination rejecting the claim.\n\n(3) If:\n\n(a) a person makes a claim for a social security payment that is a relevant social security payment for the purposes of subclause 4(1) of Schedule 2; and\n\n(b) the person is not, on the day on which the claim is made, qualified for the payment; and\n\n(c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and\n\n(d) the person becomes so qualified within that period;\n\nthe claim is taken, for the purposes of subsection (1), to be made on the day on which the person becomes qualified.\n\n(4) If the Secretary asks a person who has made a claim for a social security payment or a concession card or another person for information in relation to the claim, the period that:\n\n(a) begins on the day on which the Secretary asks for the information; and\n\n(b) ends on the day on which the information is given to the Secretary;\n\nis not counted for the purpose of subsection (1).\n\n(5) If:\n\n(a) a person makes a claim (the actual claim); and\n\n(b) apart from this subsection, the person would, by virtue of section 13 or 14, be taken to have made the claim on a particular day;\n\nthen, in spite of section 13 or 14, as the case may be, a reference in subsection (1) of this section to the day on which the claim was made is a reference to the day on which the actual claim was made.\n\n(6) The Secretary may determine that a specified period, being a period that is longer than 13 weeks, applies for the purposes of claims for an AVTOP in relation to a declared overseas terrorist act.\n\n(7) If, under subsection (6), there is a determination of a period in force for the purposes of claims for an AVTOP in relation to a declared overseas terrorist act, then this Act applies to those claims as if references in subsections (1) and (3) to the period of 13 weeks were references to the period referred to in the determination.\n\n(8) A determination under subsection (6) is not a legislative instrument.\n\n(9) A claim for a student start‑up loan for a qualification period made before the start of the qualification period is taken to have been made on the first day of the qualification period.\n\n40  Rejection of claim for failure to obtain foreign payment\n\n(1) The Secretary may make a determination rejecting a claim for a social security payment if:\n\n(a) the claimant has been given a notice under subsection 66(2); and\n\n(b) the Secretary is not satisfied that the claimant has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the claimant within the period specified in the notice.\n\n(2) The Secretary may make a determination rejecting a claim for a social security payment if:\n\n(a) the claimant has been given a notice under subsection 66(3); and\n\n(b) the Secretary is not satisfied that the claimant’s partner has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the partner within the period specified in the notice.\n\nDivision 2A—Employment pathway plans\n\nNote: The powers of the Employment Secretary under this Division may be delegated under section 234 (including to a person engaged by an organisation that performs services for the Commonwealth).\n\nSubdivision A—Entry into employment pathway plans\n\n40A  Requirement to enter into employment pathway plans\n\nNo existing employment pathway plan in force\n\n(1) The Employment Secretary may require a person to enter into an employment pathway plan if an employment pathway plan is not in force in relation to the person and one of the following applies:\n\n(a) either:\n\n(i) the person is receiving, or has made a claim for, a jobseeker payment or a youth allowance; or\n\n(ii) the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment or a youth allowance;\n\n(b) the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies and either:\n\n(i) the person is receiving, or has made a claim for, parenting payment; or\n\n(ii) the Department is contacted by or on behalf of the person in relation to a claim for parenting payment;\n\n(c) the person is a nominated visa holder and either:\n\n(i) the person is receiving, or has made a claim for, a special benefit; or\n\n(ii) the Department is contacted by or on behalf of the person in relation to a claim for special benefit.\n\nExisting employment pathway plan already in force\n\n(2) If an employment pathway plan is in force in relation to a person, the Employment Secretary may require the person to enter into another plan instead of the existing one.\n\nNotification of requirement\n\n(3) The Employment Secretary must notify a person who is required to enter into an employment pathway plan of the requirement. The notification:\n\n(a) must give the person the option of entering into the plan under section 40D; and\n\n(b) may also give the person the option of entering into the plan under section 40E, taking into account the person’s circumstances.\n\n40B  Use of technological processes\n\n(1) The Employment Secretary may arrange for the use of technological processes in relation to the following:\n\n(a) persons entering into employment pathway plans under section 40D or 40E;\n\n(b) the variation of such plans.\n\nNote: A person does not enter into an employment pathway plan unless the person accepts such a plan: see paragraphs 40D(1)(a) and 40E(1)(c).\n\nArrangement not a legislative instrument\n\n(2) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.\n\n40C  Use of questionnaire\n\n(1) The Employment Secretary may arrange for the completion of a questionnaire in relation to the following:\n\n(a) persons entering into employment pathway plans under section 40D or 40E;\n\n(b) the variation of such plans.\n\n(2) A questionnaire may relate to, but is not limited to, one or more of the employment pathway plan matters in relation to a person.\n\nNote: For employment pathway plan matters, see section 40F.\n\n(3) A purpose of the questionnaire is to obtain information for the purposes of working out under which section the person is able to enter into an employment pathway plan.\n\nArrangement not a legislative instrument\n\n(4) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.\n\n40D  Employment pathway plans—plans developed by the Employment Secretary\n\n(1) A person enters into an employment pathway plan under this section if:\n\n(a) the person notifies the Employment Secretary that the person accepts the employment pathway plan developed by the Employment Secretary; and\n\n(b) that acceptance occurs after one or more communications between the person and the Employment Secretary in relation to that plan.\n\nNote: For variation of employment pathway plans, see section 40V.\n\nPlan requirements\n\n(2) The employment pathway plan developed by the Employment Secretary must contain one or more requirements that the person is required to comply with.\n\nNote: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.\n\nOptional terms\n\n(3) The employment pathway plan may also contain one or more terms that the person may, but is not required to, comply with.\n\nApproval of requirements\n\n(4) The requirements in the employment pathway plan are to be approved by the Employment Secretary. Those requirements must not be approved by the processes referred to in subsection 40B(1).\n\n(5) The Employment Secretary must not approve requirements that are not suitable for the person. For this purpose, the Employment Secretary must take into account the following matters:\n\n(a) the employment pathway plan matters in relation to the person;\n\n(b) the person’s capacity to comply with the requirements;\n\n(c) the person’s needs;\n\n(d) any other matters that the Employment Secretary or the person considers relevant in the circumstances.\n\nNote: For employment pathway plan matters, see section 40F.\n\n40E  Employment pathway plans—streamlined processes\n\n(1) A person enters into an employment pathway plan under this section if:\n\n(a) the person is given information as part of the processes referred to in subsection 40B(1) informing the person of the matters the person should consider in deciding whether to accept an employment pathway plan under this section; and\n\n(b) a proposed employment pathway plan is produced as part of those processes that:\n\n(i) contains one or more requirements that the person is required to comply with; and\n\n(ii) may contain one or more terms that the person may, but is not required to, comply with; and\n\n(c) after deciding the person is satisfied with that proposed employment pathway plan, the person accepts that plan as part of those processes.\n\nNote 1: If the person does not want to accept the proposed employment pathway plan that is produced as part of those processes, the person can still enter into an employment pathway plan under section 40D.\n\nNote 2: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.\n\nNote 3: For variation of employment pathway plans, see section 40V.\n\n(2) This section does not prevent the person from entering into an employment pathway plan under section 40D after the person has entered into an employment pathway plan under this section.\n\n40F  Employment pathway plan matters","sortOrder":1000005},{"sectionNumber":"full-source-retrieval-0007","sectionType":"document_chunk","heading":"Document excerpt 7","content":"The employment pathway plan matters in relation to a person are the following:\n\n(a) the person’s education, experience, skills and age;\n\n(b) 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;\n\n(c) the state of the labour market and the transport or other options available to the person in accessing that market;\n\n(d) the participation opportunities available to the person;\n\n(e) the family and caring responsibilities of the person;\n\n(f) the length of travel time required to comply with requirements in an employment pathway plan;\n\n(g) the financial costs (such as travel costs) of complying with requirements in an employment pathway plan, and the person’s capacity to pay for such costs.\n\n40G  Employment pathway plans—examples of requirements\n\nSeeking, accepting and undertaking paid work\n\n(1) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:\n\n(a) the person actively seeking paid work in Australia;\n\n(b) the person accepting, and being willing to accept, offers of paid work in Australia;\n\n(c) the person undertaking, and being willing to undertake, paid work in Australia;\n\nexcept particular paid work that is unsuitable to be done by the person.\n\nNote: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.\n\nUndertaking of other activities\n\n(2) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:\n\n(a) the person undertaking training or study;\n\n(b) the person undertaking voluntary work;\n\n(c) the person participating in an approved program of work for income support payment (subject to section 40J) or in an employment program;\n\n(d) the person attending an interview with a person engaged by an organisation that performs services for the Commonwealth;\n\n(e) the person completing, updating or improving the person’s résumé.\n\nReporting on compliance\n\n(3) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to the person’s reporting of compliance with the plan.\n\nParenting payment—health and education\n\n(4) In relation to parenting payment and a person to whom paragraph 500(1)(ca) of the 1991 Act applies, an employment pathway plan under this Subdivision may contain requirements relating to one or more of the following:\n\n(a) the person’s education;\n\n(b) the health of a PP child of the person;\n\n(c) the education of a PP child of the person.\n\nNo limit on requirements in plans\n\n(5) Subsections (1) to (4) do not limit the requirements that an employment pathway plan may contain.\n\nNote: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.\n\nSubdivision B—What employment pathway plans must not contain\n\n40H  Employment pathway plans not to contain requirements about undertaking unsuitable paid work\n\nAn employment pathway plan under Subdivision A in relation to a person must not contain a requirement relating to one or more of the following:\n\n(a) the person seeking paid work in Australia;\n\n(b) the person accepting offers of paid work in Australia;\n\n(c) the person undertaking paid work in Australia;\n\nthat is particular paid work that is unsuitable to be done by the person.\n\nNote: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.\n\n40J  Employment pathway plans not to contain requirements to participate in an approved program of work\n\nParenting payment\n\n(1) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving parenting payment, must not require the person to participate in an approved program of work for income support payment if:\n\n(a) either:\n\n(i) if the person’s rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A of the 1991 Act—because of the application of Module E of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or\n\n(ii) if the person’s rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B of the 1991 Act—because of the application of Module D of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or\n\n(b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.\n\nYouth allowance\n\n(2) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a youth allowance, must not require the person to participate in an approved program of work for income support payment if:\n\n(a) the person is under 18 years of age; or\n\n(b) the person is undertaking full‑time study (see section 541B of the 1991 Act); or\n\n(c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the person is receiving the youth allowance at a rate that has been reduced; or\n\n(d) the program of work requires the person to move from a home in one place to a home in another place.\n\nJobseeker payment\n\n(3) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a jobseeker payment, must not require the person to participate in an approved program of work for income support payment if:\n\n(a) because of the application of Module G of Benefit Rate Calculator B in section 1068 of the 1991 Act, the person is receiving the jobseeker payment at a rate that has been reduced; or\n\n(b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.\n\nSpecial benefit\n\n(4) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a special benefit, must not require the person to participate in an approved program of work for income support payment if:\n\n(a) the person is under 18 years of age; or\n\n(b) the person or the person’s partner has income; or\n\n(c) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.\n\n40K  Employment pathway plans not to contain certain other requirements\n\n(1) An employment pathway plan under Subdivision A must not contain a requirement of a kind that the Employment Secretary determines under subsection (2).\n\n(2) The Employment Secretary must, by legislative instrument, determine the kinds of requirements that employment pathway plans must not contain.\n\nSubdivision C—Exemptions from employment pathway plan requirements\n\n40L  Circumstances making it unreasonable etc. to comply with requirements\n\n(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.\n\nCircumstances beyond a person’s control\n\n(2) The Employment Secretary may make a determination under this section in relation to the person if:\n\n(a) the Employment Secretary is satisfied that circumstances exist that are beyond the person’s control; and\n\n(b) the Employment Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the employment pathway plan requirements.\n\nNote: See also section 40U (general rules about determinations under this Subdivision).\n\nOther circumstances\n\n(3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied in all the circumstances that the person should not be required to satisfy the employment pathway plan requirements.\n\nNote: See also section 40U (general rules about determinations under this Subdivision).\n\nException—misuse of alcohol or another drug\n\n(4) Subsection (2) or (3) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.\n\nExamples of relevant circumstances\n\n(5) The Employment Secretary may make a determination under subsection (2) or (3) in relation to a person in circumstances that relate to, but are not limited to, the following:\n\n(a) the person having a temporary incapacity resulting in the person being unable to undertake work for at least 8 hours per week, where the person has given the Employment Secretary a certificate of a medical practitioner, in the form (if any) approved by the Employment Secretary, that supports the incapacity being caused by a medical condition arising from sickness or an accident;\n\n(b) the person experiencing a marriage or relationship breakdown;\n\n(c) the death of an immediate family member of the person;\n\n(d) the person having suffered a significant personal crisis;\n\n(e) the person having been affected by an emergency, disaster or public health crisis.\n\nRevocation of determination\n\n(6) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.\n\nLater exemptions do not limit this section\n\n(7) Sections 40M to 40T do not limit this section.\n\n40M  Death of person’s partner\n\nClaimants\n\n(1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:\n\n(a) the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and\n\n(b) the person makes the claim after the death of the person’s partner; and\n\n(c) if the person was not pregnant when the person’s partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and\n\n(d) if the person was pregnant when the person’s partner died—the person makes the claim:\n\n(i) in the period of 14 weeks starting on the day of the death of the partner; or\n\n(ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;\n\nwhichever ends later.\n\nThe applicable period is the period applicable under paragraph (c) or (d).\n\nRecipients\n\n(2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:\n\n(a) the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and\n\n(b) while the person is receiving the payment, allowance or benefit the person’s partner dies; and\n\n(c) if the person was not pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and\n\n(d) if the person was pregnant when the person’s partner died—the person notifies the Employment Secretary of the person’s partner’s death:\n\n(i) in the period of 14 weeks starting on the day of the death of the partner; or\n\n(ii) in the period starting on the day of the death of the partner and ending when the child is born or the person otherwise stops being pregnant;\n\nwhichever ends later; and\n\n(e) the person is receiving the payment, allowance or benefit on the day of the notification.\n\nThe applicable period is the period applicable under paragraph (c) or (d).\n\n40N  Domestic violence\n\n(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.\n\n(2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person was subjected to domestic violence in the last 26 weeks.\n\nNote: See also section 40U (general rules about determinations under this Subdivision).\n\n(3) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.\n\n40P  Caring responsibilities\n\n(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.\n\nMandatory determination\n\n(2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that:\n\n(a) the person is the principal carer of one or more children and that one or more of the following apply:\n\n(i) the person is a registered and active foster carer;\n\n(ii) the person is a home educator of one or more of those children;\n\n(iii) the person is a distance educator of one or more of those children;\n\n(iv) 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; or\n\n(b) the following apply:\n\n(i) the person is the principal carer of a child;\n\n(ii) the person is the principal carer of one or more other children or the main supporter of one or more secondary pupil children or both;\n\n(iii) there are 4 or more of the children of whom the person is the principal carer or main supporter; or\n\n(c) the following apply:\n\n(i) the person is not the principal carer of one or more children;\n\n(ii) the person is a registered and active foster carer;\n\n(iii) the person is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child; or\n\n(d) the following apply:\n\n(i) the person is the main supporter of one or more secondary pupil children;\n\n(ii) the person is a home educator or distance educator of one or more of those children; or\n\n(e) the following apply:\n\n(i) the person is the principal carer of one or more children;\n\n(ii) the person is a relative (other than a parent) of a child (the kin child);\n\n(iii) there is a document that provides for the kin child to live with the person for the care and wellbeing of the kin child and that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children;\n\n(iv) the person is acting in accordance with the document.\n\nNote 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.\n\nNote 2: For registered and active foster carer see section 5B of the 1991 Act.\n\nNote 3: For home educator see section 5C of the 1991 Act.\n\nNote 4: For distance educator see section 5D of the 1991 Act.\n\nNote 5: For family law order see subsection 23(1) of the 1991 Act.\n\nNote 6: For relative (other than a parent) see section 5E of the 1991 Act.\n\nNote 7: For main supporter see section 5G of the 1991 Act.\n\nNote 8: For secondary pupil child see section 5F of the 1991 Act.\n\nNote 9: See also section 40U (general rules about determinations under this Subdivision).\n\nDiscretionary determination\n\n(3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person is the principal carer of one or more children:\n\n(a) who suffer from a physical, intellectual or psychiatric disability or illness; and\n\n(b) whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the employment pathway plan requirements.\n\nNote 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.\n\nNote 2: See also section 40U (general rules about determinations under this Subdivision).\n\nRevocation\n\n(4) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.\n\n40Q  Pre‑natal and post‑natal relief\n\n(1) A pregnant woman is not required to satisfy the employment pathway plan requirements 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).\n\n(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 employment pathway plan requirements for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.\n\n40R  Persons engaged in work\n\nPersons 55 and over\n\n(1) A person who has reached 55 years of age is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if:\n\n(a) unless paragraph (b) applies—the person:\n\n(i) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in that 2‑week period; or\n\n(ii) is engaged, for at least 30 hours in that 2‑week period, in a combination of approved unpaid voluntary work for an approved organisation and of paid work that the Secretary regards as suitable; or\n\n(iii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable; or\n\n(b) if the person is under 60 years of age and that 2‑week period begins before the end of 12 months starting on the day the person starts to receive jobseeker payment or special benefit—the person:\n\n(i) is engaged, for at least 30 hours in that 2‑week period, in work consisting of a combination of approved unpaid voluntary work for an approved organisation and of at least 15 hours of paid work that the Secretary regards as suitable; or\n\n(ii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable.\n\n(2) For the purposes of this section:\n\n(a) approved unpaid voluntary work is work, either full‑time or otherwise, that has been approved by the Employment Secretary for the purposes of this section; and","sortOrder":1000006},{"sectionNumber":"full-source-retrieval-0008","sectionType":"document_chunk","heading":"Document excerpt 8","content":"(b) an approved organisation is an organisation that has been approved by the Employment Secretary for the purposes of this section.\n\nPrincipal carers and people with partial capacity to work\n\n(3) A person is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if the person:\n\n(a) is the principal carer of at least one child or has a partial capacity to work; and\n\n(b) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable.\n\nNote 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.\n\nNote 2: For partial capacity to work see section 16B of the 1991 Act.\n\n40S  Jobseeker payment rules only\n\nRehabilitation program\n\n(1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:\n\n(a) subparagraph 593(1)(a)(ii) of the 1991 Act applies in relation to the person; and\n\n(b) the person is undertaking a rehabilitation program; and\n\n(c) the program is intended to enhance the person’s ability to work; and\n\n(d) the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and\n\n(e) the person’s participation in the program will, or is likely to, end within the period of 208 weeks after the jobseeker payment commenced to be payable to the person.\n\nThe applicable period is the period the person is undertaking the rehabilitation program or such shorter or longer period determined by the Employment Secretary.\n\nInteraction with the ABSTUDY Scheme\n\n(2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:\n\n(a) jobseeker payment is payable to the person because of subsection 614(6) of the 1991 Act; and\n\n(b) the person has commenced the full‑time course of education referred to in paragraph 614(6)(a) of the 1991 Act.\n\nThe applicable period is the period during which the payment is payable to the person because of that subsection.\n\n40T  Exceptional circumstances\n\n(1) A person is not required to satisfy the employment pathway plan requirements if the person is included in a class of persons specified in a determination under this section that is in effect.\n\n(2) The Employment Secretary may make a determination under this section specifying a class of persons for the purposes of subsection (1).\n\nNote: See also section 40U (general rules about determinations under this Subdivision).\n\n(3) The Employment Secretary may make the determination only if the Employment Secretary is satisfied that exceptional circumstances exist to justify making the determination.\n\n(4) Without limiting subsection (3), the exceptional circumstances may be that there is an emergency, disaster or public health crisis affecting Australia or one or more parts of Australia.\n\nPublication\n\n(5) The Employment Secretary must cause details of the class of persons and of the exceptional circumstances to be published on the Employment Department’s website.\n\nRevocation of determination\n\n(6) The Employment Secretary may revoke a determination under this section if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.\n\n(7) The Employment Secretary must cause details of the revocation to be published on the Employment Department’s website.\n\n40U  General rules\n\n(1) A determination under this Subdivision may specify the period during which the determination has effect.\n\n(2) A determination under this Subdivision may be expressed to take effect on a day that is earlier than the day on which the determination is made.\n\n(3) A revocation of a determination under this Subdivision takes effect on the day specified in the revocation, which must not be earlier than the day the revocation is made.\n\n(4) A determination under this Subdivision, or a revocation of such a determination, is not a legislative instrument.\n\nSubdivision D—Variation, cancellation and review of employment pathway plans\n\n40V  Variation, cancellation and review of employment pathway plans\n\nVariation\n\n(1) The Employment Secretary may vary an employment pathway plan that is in force under Subdivision A in relation to a person after discussion with the person and after taking into account the matters mentioned in paragraphs 40D(5)(a), (b), (c) and (d).\n\n(2) The Employment Secretary may vary the plan on the Employment Secretary’s own initiative or on request of the person.\n\n(3) If the person requests a variation of the plan, the Employment Secretary must:\n\n(a) make a decision under subsection (1) to vary the plan; or\n\n(b) make a decision to refuse to vary the plan.\n\n(4) The Employment Secretary must notify the person of the variation or of the decision to refuse to vary the plan.\n\n(5) If an employment pathway plan is in force under Subdivision A in relation to a person, the person may vary the plan in accordance with the processes referred to in subsection 40B(1).\n\nCancellation\n\n(6) The Employment Secretary must cancel an employment pathway plan that is in force under Subdivision A in relation to a person if the person enters into another employment pathway plan.\n\nReview\n\n(7) The Employment Secretary may review an employment pathway plan that is in force under Subdivision A in relation to a person.\n\n(8) The Employment Secretary may review the plan on the Employment Secretary’s own initiative or on request of the person.\n\nSubdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans\n\n40W  Notification of circumstances preventing or affecting compliance with employment pathway plans\n\nIf an employment pathway plan is in force under Subdivision A in relation to a person, the person must notify the Employment Secretary of any circumstances preventing the person from complying, or reducing the person’s capacity to comply, with the requirements in the plan.\n\nDivision 2B—Circumstances in which paid work is unsuitable\n\n40X  Circumstances in which paid work is unsuitable\n\n(1) For the purposes of the social security law, particular paid work is unsuitable to be done by a person if and only if:\n\n(a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no relevant training will be provided to the person; or\n\n(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\n\n(c) the person is the principal carer of one or more children, and does not have access to appropriate care and supervision for the children during:\n\n(i) the times when the person would be required to undertake the work; or\n\n(ii) 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; or\n\n(d) 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\n\n(e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or\n\n(f) commuting between the person’s home and the place of work would be unreasonably difficult; or\n\n(g) the work would require enlistment in the Defence Force or the Reserves; or\n\n(h) the work requires the person to move from a home in a place to a home in another place; or\n\n(i) for any other reason, the work is unsuitable to be done by the person.\n\nNote: For the purposes of paragraph (i), see also subsections (4) and (5).\n\nWork outside the area in which the person’s home is situated\n\n(2) If:\n\n(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\n\n(b) the person is offered permanent full‑time work (whether or not work of the kind sought) in the new area;\n\nthe work offered is not unsuitable for the person because of paragraph (1)(f) or (h) unless:\n\n(c) the person is under the age of 18; or\n\n(d) the person or the person’s partner is pregnant; or\n\n(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\n\n(f) the acceptance of the offer would jeopardise the current paid work, or the paid work prospects, of the person’s partner; or\n\n(g) the person or the person’s partner has a child under the age of 16 who is living with them or is living somewhere else in the old area; or\n\n(h) the person or the person’s partner has significant caring responsibilities in the old area; or\n\n(i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or\n\n(j) it is more appropriate for the person to participate in education or training than to accept the offer; or\n\n(k) the person would suffer severe financial hardship if the person were to accept the offer.\n\n(3) Without limiting subsection (2), if a person, when seeking paid work through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person’s home is situated, the person is taken to have sought work outside that area.\n\nLegislative instrument\n\n(4) The Employment Secretary must, by legislative instrument, determine matters to be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).\n\n(5) Subsection (4) does not limit the matters that may be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).\n\nInterpretation\n\n(6) To avoid doubt, for the purposes of this section, paid work is not unsuitable to be done by a person merely because:\n\n(a) the work is not the person’s preferred type of work; or\n\n(b) the work is not commensurate with the person’s highest level of educational attainment or qualification; or\n\n(c) the level of remuneration for the work is not the person’s preferred level of remuneration.\n\nDivision 2C—Guidelines\n\n40Y  Guidelines\n\nThe Employment Secretary must, by legislative instrument, determine guidelines about:\n\n(a) how a person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; and\n\n(b) the following:\n\n(i) the kind of information to be provided by the Employment Secretary to a person who has made a claim for a participation payment about the person entering into an employment pathway plan under section 40D or 40E;\n\n(ii) the processes (including any technological requirements) for entering into such a plan;\n\n(iii) the processes for reporting compliance with the requirements in such a plan; and\n\n(c) the circumstances in which performing paid work in Australia may constitute a risk to health or safety and how a person satisfies the Employment Secretary that particular paid work constitutes such a risk.\n\nDivision 3—Commencement of social security payment\n\n41  Commencement\n\n(1) Unless another provision of the social security law provides otherwise, a social security payment becomes payable to a person on the person’s start day in relation to the social security payment.\n\n(2) Unless another provision of the social security law provides otherwise, a concession card takes effect on the person’s start day in relation to the card.\n\n42  Start day\n\nFor the purposes of the social security law, a person’s start day in relation to a social security payment or a concession card is the day worked out in accordance with Schedule 2.\n\nDivision 3AA—Compliance with participation payment obligations: persons other than declared program participants\n\nSubdivision A—Introduction\n\n42AA  Simplified outline of this Division\n\nThis Division is about the Secretary taking action to ensure that people (other than declared program participants) meet their obligations in relation to participation payments. The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.\n\nA person commits a mutual obligation failure for failing to comply with obligations relating to participation payments, such as attending appointments, undertaking activities, or taking action to gain paid work. A person commits a work refusal failure for failing to accept an offer of paid work (except paid work that is unsuitable to be done by the person). A person commits an unemployment failure for becoming unemployed because of a voluntary act (except a reasonable act) or misconduct.\n\nFor a mutual obligation failure or a work refusal failure, the participation payment may not be payable until the person complies with a reconnection requirement. The person may then receive back pay. The participation payment must be cancelled if the person fails to comply with the reconnection requirement within 4 weeks.\n\nIf a person who commits a mutual obligation failure has persistently committed mutual obligation failures and does not have a reasonable excuse then, depending on the circumstances, the person’s participation payment may be reduced by either 50% or 100% for a period (in addition to not being payable) or be cancelled. In addition, a participation payment may be cancelled if a person does not have a reasonable excuse for a work refusal failure. No participation payments are payable to a person for 4 weeks if a participation payment is cancelled for a mutual obligation failure or a work refusal failure.\n\nIf a person commits an unemployment failure, participation payments may not be payable to the person for either 4 or 6 weeks, depending on whether relocation assistance had been paid to help the person take up the employment concerned. Also, the person’s participation payment may be cancelled if he or she was receiving a participation payment when the unemployment failure was committed.\n\n42AB  Division not to apply to declared program participants\n\nThis Division applies in relation to a person if the person is not a declared program participant.\n\nSubdivision B—Failures for which compliance action must be taken\n\n42AC  Mutual obligation failures\n\n(1) A person commits a mutual obligation failure if the person is receiving a participation payment and any of the following applies:\n\n(a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4);\n\n(b) the person fails to comply with a requirement, under section 40A, to enter into an employment pathway plan;\n\n(c) the person fails to attend, or to be punctual for, an appointment that the person is required to attend by:\n\n(i) a notice under subsection 63(2); or\n\n(ii) an employment pathway plan that is in force in relation to the person;\n\n(d) the person fails to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;\n\n(e) an employment pathway plan is in force in relation to the person and the person fails to satisfy the Secretary that the person has undertaken adequate job search efforts in relation to a period worked out in accordance with the plan (see subsection (2));\n\n(f) an employment pathway plan is in force in relation to the person and the person fails to comply with any other requirement of the plan that applies to the person;\n\n(g) the Secretary is satisfied that the person acted in an inappropriate manner:\n\n(i) during an appointment to which paragraph (c) applies that the person attended; or\n\n(ii) while participating in an activity referred to in paragraph (d);\n\n(h) the person intentionally acts in a manner and it is reasonably foreseeable that acting in that manner could result in an offer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person;\n\n(i) the person fails to:\n\n(i) attend a job interview; or\n\n(ii) act on a job opportunity when requested to do so by an employment services provider.\n\nNote: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.\n\n(1A) However, a person does not commit a mutual obligation failure in relation to the person’s failure to:\n\n(a) accept an offer of paid work in Australia of more than 15 hours per week; or\n\n(b) undertake paid work in Australia of more than 15 hours per week;\n\nif the person is the principal carer of at least one child or has a partial capacity to work.\n\nNote 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.\n\nNote 2: For partial capacity to work see section 16B of the 1991 Act.\n\n(2) For the purposes of paragraph (1)(e), the question whether a person has undertaken adequate job search efforts in relation to a particular period is to be worked out in accordance with a determination in force under subsection (3).\n\n(3) The Secretary must, by legislative instrument, make a determination for the purposes of subsection (2).\n\n(4) Paragraph (1)(c) does not limit paragraph (1)(a), and paragraph (1)(i) does not limit paragraph (1)(h).\n\n42AD  Work refusal failures\n\n(1) A person commits a work refusal failure if:\n\n(a) the person is receiving a participation payment; and\n\n(aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and\n\n(b) the person refuses or fails to accept an offer of paid work in Australia, except particular paid work that is unsuitable to be done by the person.","sortOrder":1000007},{"sectionNumber":"full-source-retrieval-0009","sectionType":"document_chunk","heading":"Document excerpt 9","content":"Note 1: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.\n\nNote 2: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.\n\n(2) However, a person does not commit a work refusal failure if:\n\n(a) the person is the principal carer of at least one child or has a partial capacity to work; and\n\n(b) the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.\n\nNote 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.\n\nNote 2: For partial capacity to work see section 16B of the 1991 Act.\n\n42AE  Unemployment failures\n\n(1) A person commits an unemployment failure if:\n\n(a) the person is receiving a participation payment; and\n\n(aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and\n\n(b) the person becomes unemployed:\n\n(i) as a direct or indirect result of a voluntary act of the person; or\n\n(ii) as a result of the person’s misconduct as an employee.\n\nNote: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.\n\n(2) A person also commits an unemployment failure if:\n\n(a) the person is not receiving, but has made a claim for, a participation payment; and\n\n(aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and\n\n(b) the person becomes unemployed (whether before or after making the claim):\n\n(i) as a direct or indirect result of a voluntary act of the person; or\n\n(ii) as a result of the person’s misconduct as an employee.\n\n(3) However, a person does not commit an unemployment failure because of subparagraph (1)(b)(i) or (2)(b)(i) if the person satisfies the Secretary that the voluntary act was reasonable.\n\n(4) A person also does not commit an unemployment failure if:\n\n(a) the person is the principal carer of at least one child or has a partial capacity to work; and\n\n(b) the work in relation to which the person became unemployed was work of more than 15 hours per week.\n\nNote 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.\n\nNote 2: For partial capacity to work see section 16B of the 1991 Act.\n\nSubdivision C—Compliance action that must be taken for particular failures\n\n42AF  Compliance action for mutual obligation failures\n\nUsual rule\n\n(1) If a person commits a mutual obligation failure (the relevant failure), the Secretary may:\n\n(a) determine that the person’s participation payment is not payable to the person for a period (see section 42AL); and\n\n(b) take action under subsection (2) (if applicable).\n\nNote: The person may be eligible for back pay once the payment suspension period ends (see subsection 42AL(4)).\n\nSpecial rule—persistent mutual obligation failures and no reasonable excuse\n\n(2) If:\n\n(a) the Secretary is satisfied in accordance with an instrument made under subsection 42AR(1) that the person has persistently committed mutual obligation failures; and\n\n(b) the person does not satisfy the Secretary that the person has a reasonable excuse for the relevant failure (see sections 42AI and 42AJ);\n\nthe Secretary may determine:\n\n(c) that an instalment of the person’s participation payment for an instalment period is to be reduced (see section 42AN), in addition to making a determination under paragraph (1)(a) of this section; or\n\n(d) that the person’s participation payment is cancelled (see section 42AP).\n\nNote 1: For paragraph (c), the person may be eligible for back pay once the person’s payment suspension period ends (see subsection 42AL(4)). However, the back pay may be reduced (including to nil) if the instalment period for which an instalment is to be reduced under paragraph (c) overlaps with the payment suspension period.\n\nNote 2: For paragraph (d), a further consequence is that participation payments will not be payable to the person for the person’s post‑cancellation non‑payment period (see subsection 42AP(5)).\n\n(3) A determination made under paragraph (2)(d) for the relevant failure has effect despite any determination made under paragraph (1)(a) for the relevant failure.\n\nAction not to be taken—instalment already reduced to nil for instalment period when failure committed\n\n(4) Despite subsections (1) and (2), the Secretary must not make a determination under this section for the relevant failure if:\n\n(a) the Secretary has previously determined under paragraph (2)(c) that an instalment of the person’s participation payment for an instalment period is to be reduced; and\n\n(b) the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and\n\n(c) the person commits the relevant failure during that instalment period.\n\n42AG  Compliance action for work refusal failures\n\n(1) If a person commits a work refusal failure, the Secretary may:\n\n(a) determine that the person’s participation payment is not payable to the person for a period (see section 42AL); or\n\n(b) determine that the person’s participation payment is cancelled (see section 42AP) if the person does not satisfy the Secretary that the person has a reasonable excuse for the work refusal failure (see section 42AI).\n\nAction not to be taken—instalment already reduced to nil for instalment period when failure committed\n\n(4) Despite subsection (1), the Secretary must not take action under this section for a work refusal failure (the relevant failure) if:\n\n(a) the Secretary has previously determined under paragraph 42AF(2)(c) that the amount of an instalment of the person’s participation payment for an instalment period is to be reduced; and\n\n(b) the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and\n\n(c) the person commits the relevant failure during that instalment period.\n\n42AH  Compliance action for unemployment failures\n\nUnemployment failures committed by persons receiving a participation payment\n\n(1) If a person receiving a participation payment commits an unemployment failure, the Secretary may determine that the participation payment is cancelled (see section 42AP).\n\nNote: Participation payments will not be payable to the person for the person’s post‑cancellation non‑payment period (see subsection 42AP(5)).\n\nUnemployment failures committed by persons claiming a participation payment\n\n(2) If a person who has made a claim for (but is not receiving) a participation payment has committed an unemployment failure, the Secretary may determine that participation payments (whether or not the same as the participation payment that was claimed) are not payable to the person for a period (see section 42AO).\n\n42AI  Reasonable excuses—matters that must or must not be taken into account\n\nMatters to be taken into account\n\n(1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing:\n\n(a) a mutual obligation failure (see paragraph 42AF(2)(b)); or\n\n(b) a work refusal failure (see paragraph 42AG(1)(b)).\n\n(2) To avoid doubt, a determination under subsection (1) does not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse.\n\nMatters not to be taken into account\n\n(3) The Secretary may, by legislative instrument, determine matters that the Secretary must not take into account in deciding whether a person has a reasonable excuse for committing:\n\n(a) a mutual obligation failure (see paragraph 42AF(2)(b)); or\n\n(b) a work refusal failure (see paragraph 42AG(1)(b)).\n\n42AJ  Reasonable excuses for mutual obligation failures—prior notification required for certain failures\n\n(1) For the purposes of paragraph 42AF(2)(b), an excuse cannot be a reasonable excuse for a mutual obligation failure mentioned in subsection (2) of this section that is committed by a person unless:\n\n(a) the person notifies the excuse as mentioned in subsection (3) of this section; or\n\n(b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification.\n\nNote: The Secretary may also decide for other reasons that the excuse is not a reasonable excuse.\n\n(2) The failures are as follows:\n\n(a) a failure to comply with a requirement that was notified to the person under subsection 63(2) to attend an office of the Department, to contact the Department, or to attend a particular place;\n\n(b) without limiting paragraph (a), a failure to attend, or to be punctual for, an appointment that the person is required to attend by a notice under subsection 63(2);\n\n(c) a failure to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;\n\n(d) a failure to attend, or to be punctual for, an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.\n\n(3) The person must notify the excuse:\n\n(a) for a failure mentioned in paragraph (2)(a) or (b):\n\n(i) before the end of the time specified under subsection 63(2); and\n\n(ii) to the person or body specified by the Secretary as the person or body to whom prior notice should be given if the person is unable to comply with the notice under subsection 63(2); and\n\n(b) for a failure mentioned in paragraph (2)(c) or (d):\n\n(i) before the start of the activity on the day concerned, or before the time of the appointment; and\n\n(ii) to the person or body specified in the employment pathway plan as the person or body to whom prior notice should be given if the person is unable to undertake the activity or attend the appointment.\n\n42AK  Relationship between provisions of this Subdivision\n\nSections 42AF, 42AG and 42AH do not limit each other.\n\nSubdivision D—Effect of taking particular compliance action\n\n42AL  Payment suspension periods for mutual obligation failures and work refusal failures\n\n(1) If the Secretary determines under section 42AF or 42AG that a participation payment is not payable to a person for a period, the participation payment is not payable for the period (the payment suspension period) worked out under this section.\n\n(2) The payment suspension period begins at the start of:\n\n(a) the instalment period in which the person commits the mutual obligation failure or the work refusal failure (unless paragraph (b) applies); or\n\n(b) if the Secretary determines that a later instalment period is more appropriate—that later instalment period.\n\n(3) The payment suspension period ends immediately before:\n\n(a) the day the person complies with the reconnection requirement imposed under subsection 42AM(1) (unless paragraph (b) of this subsection applies); or\n\n(b) if the Secretary determines that an earlier day is more appropriate—that earlier day.\n\n(4) If the payment suspension period ends under subsection (3) for a person, then, for the purposes of the social security law after the end of that period:\n\n(a) the participation payment is taken to be payable to the person from the start of that period (subject to the social security law); and\n\n(b) the Secretary is taken to have made a determination to the effect mentioned in paragraph (a).\n\nNote: The effect of this subsection is that the person may receive back pay for the payment suspension period. However, the back pay may be reduced (including to nil) if the instalment period for which an instalment is to be reduced under section 42AN overlaps with the payment suspension period.\n\n42AM  Reconnection requirements for mutual obligation failures and work refusal failures\n\n(1) The Secretary must impose a requirement (the reconnection requirement) on a person if the Secretary determines under section 42AF or 42AG that a participation payment is not payable to the person for a period.\n\n(2) The Secretary must notify the person, in any way the Secretary considers appropriate, of:\n\n(a) the reconnection requirement; and\n\n(b) the effect of not complying with the reconnection requirement.\n\n(3) The Secretary must determine that the person’s participation payment is cancelled if:\n\n(a) the Secretary does not determine an earlier day for the purposes of ending the person’s payment suspension period under paragraph 42AL(3)(b); and\n\n(b) the person fails to comply with the reconnection requirement within 4 weeks after it is notified under subsection (2) of this section.\n\n(4) If the Secretary makes a determination under subsection (3), the participation payment is cancelled at the end of the 4 weeks mentioned in paragraph (3)(b).\n\n42AN  Reducing instalments of participation payments for mutual obligation failures\n\n(1) This section applies if:\n\n(a) a person commits a mutual obligation failure; and\n\n(b) the Secretary makes a determination (the reduction determination) under paragraph 42AF(2)(c) that an instalment of a participation payment for an instalment period (the reduction period) is to be reduced.\n\n(2) The reduction period must be:\n\n(a) the instalment period in which the person commits the mutual obligation failure (unless paragraph (b) applies); or\n\n(b) if the Secretary determines that a later instalment period is more appropriate—that later instalment period.\n\n(3) The instalment payable to the person is reduced by an amount included in the reduction determination that is equal to:\n\n(a) half of the instalment that would otherwise have been payable for the reduction period; or\n\n(b) the whole of the instalment that would otherwise have been payable for the reduction period.\n\nNote: Paragraph (b) may have the effect of reducing the amount of the instalment to nil. However, the participation payment remains payable (see subsection (6)).\n\n(4) The Secretary must determine which of paragraph (3)(a) or (b) applies in relation to the reduction in accordance with an instrument made under subsection 42AR(1).\n\n(5) The Secretary may make the reduction determination in accordance with paragraph (3)(b) for the reduction period even if the Secretary has already made a determination for the person in accordance with paragraph (3)(a) for the same instalment period for a different mutual obligation failure.\n\n(6) The participation payment remains payable for the reduction period even if the amount of an instalment is reduced to nil in accordance with this section.\n\n42AO  Unemployment preclusion periods for unemployment failures by persons claiming participation payments\n\n(1) If the Secretary determines under subsection 42AH(2) that participation payments are not payable to a person who has made a claim for a participation payment, then participation payments are not payable to the person for the period (the unemployment preclusion period) of:\n\n(a) 4 weeks beginning on the day the person becomes unemployed as a result of the person’s voluntary act or misconduct (unless paragraph (b) applies); or\n\n(b) 6 weeks beginning on that day, if, during the 6 months ending on the day immediately before that day, relocation assistance, for the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.\n\nNote 1: The unemployment preclusion period may affect the person’s start day for a claim (see clauses 5 and 5A of Schedule 2).\n\nNote 2: For the purposes of this subsection, it is irrelevant which participation payment the person claimed (see subsection 42AH(2)).\n\n(2) For the purposes of this Act, relocation assistance for employment means a payment:\n\n(a) that is made by or on behalf of the Commonwealth to or for the benefit of a person for the purpose of assisting the person to take up the employment; and\n\n(b) that is specified under subsection (3).\n\n(3) The Secretary may, by legislative instrument, specify one or more payments for the purposes of paragraph (2)(b).\n\n42AP  Cancelling participation payments\n\n(1) This section applies if the Secretary determines under Subdivision C that the participation payment of a person who has committed a mutual obligation failure, a work refusal failure or an unemployment failure is cancelled.\n\nWhen payments are cancelled\n\n(2) For a mutual obligation failure or a work refusal failure, the participation payment is cancelled at the start of the following day (the cancellation day):\n\n(a) the first day of the instalment period in which the person commits the failure (unless paragraph (b) applies);\n\n(b) if the Secretary determines that a later instalment period is more appropriate—the first day of that later instalment period.\n\n(3) For an unemployment failure committed by a person who was receiving the participation payment when he or she became unemployed, the participation payment is cancelled at the start of the following day (the cancellation day):\n\n(a) the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct (unless paragraph (b) applies);\n\n(b) the first day of the first instalment period for the person that begins after the day the Secretary makes the determination under subsection 42AH(1), if the Secretary considers it more appropriate.\n\n(4) For the purposes of paragraph (3)(b), the day the Secretary makes the determination is the day the Secretary originally makes the determination (even if another decision in relation to the determination is later made on review).\n\nParticipation payments not payable for post‑cancellation non‑payment period\n\n(5) A participation payment (whether or not the same as the participation payment that was cancelled) is not payable to the person for the period (the post‑cancellation non‑payment period) of:\n\n(a) 4 weeks beginning on the cancellation day (unless paragraph (b) applies); or\n\n(b) 6 weeks beginning on the cancellation day, if:","sortOrder":1000008},{"sectionNumber":"full-source-retrieval-0010","sectionType":"document_chunk","heading":"Document excerpt 10","content":"(i) the cancellation is for an unemployment failure; and\n\n(ii) during the 6 months ending on the day immediately before the person becomes unemployed, relocation assistance, for the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.\n\nNote 1: If the person makes a claim for a participation payment, the post‑cancellation non‑payment period may affect the person’s start day for the claim (see clauses 5 and 5A of Schedule 2).\n\nNote 2: For relocation assistance, see subsection 42AO(2).\n\nParticipation payment taken to not be cancelled for certain purposes during post‑cancellation non‑payment period\n\n(6) Despite subsections (2) and (3), the participation payment is taken to not be cancelled for the purposes of the following provisions until the end of the post‑cancellation non‑payment period:\n\n(a) a provision of the social security law, or the Family Assistance Act, that refers to a post‑cancellation non‑payment period or a compliance penalty period, other than a provision that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph;\n\n(b) section 106B of this Act (automatic cancellation of certain concession cards);\n\n(c) a provision of the social security law that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph.\n\nSubdivision E—Miscellaneous\n\n42AQ  Persons for whom participation payments not payable taken to still be receiving payment for certain purposes\n\nIf, under this Division, a participation payment is not payable to a person for a period, then, for the purposes of the following provisions, the person is taken to be receiving that participation payment for that period:\n\n(a) Subdivision B (except if the participation payment is not payable because of subsections 42AH(2) and 42AO(1) (unemployment preclusion periods));\n\n(b) sections 63 and 64;\n\n(c) any other provision of the social security law, or the Family Assistance Act, that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph.\n\n42AR  Minister to make determinations for purposes of this Division\n\n(1) The Minister must, by legislative instrument, determine the following:\n\n(a) for the purposes of paragraph 42AF(2)(a)—circumstances in which the Secretary must, or must not, be satisfied that a person has persistently committed mutual obligation failures;\n\n(c) for the purposes of subsection 42AN(4):\n\n(i) circumstances in which paragraph 42AN(3)(a) applies in relation to the reduction of an instalment for an instalment period; and\n\n(ii) circumstances in which paragraph 42AN(3)(b) applies in relation to the reduction of an instalment for an instalment period.\n\n(2) In addition, the Minister may, by legislative instrument, determine provisions of the social security law or the Family Assistance Act for the purposes of paragraph 42AP(6)(a) or (c) or 42AQ(c) of this Act.\n\n42AS  Relationship with section 80\n\nNothing in this Division affects the power of the Secretary to cancel or suspend a participation payment under section 80.\n\nNote: However, the Secretary cannot suspend or cancel a participation payment under that section on the basis that the participation payment is not, or was not, payable because of the operation of this Division (see paragraph 80(1)(b)).\n\nDivision 3A—Compliance with participation payment obligations: declared program participants\n\nSubdivision A—Introduction\n\n42A  Simplified outline of this Division\n\nThe Secretary may determine that a declared program participant commits a no show no pay failure, a connection failure, a reconnection failure or a serious failure.\n\nA declared program participant commits such a failure by failing to comply with his or her obligations in relation to a participation payment. The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.\n\nFor a no show no pay failure, a penalty amount is deducted from the participant’s participation payment.\n\nFor a connection failure, a requirement may be imposed on the participant (and if the participant fails to comply with the requirement, the participant commits a reconnection failure).\n\nFor a reconnection failure, generally a penalty amount is deducted from the participant’s participation payment until the participant complies with a requirement imposed on the participant.\n\nFor a serious failure, a participation payment is not payable to the participant for 8 weeks. The 8 week period may be ended in certain circumstances.\n\nThe Secretary may also determine that a declared program participant is unemployed as a result of a voluntary act or misconduct. If the Secretary does so, a participation payment is not payable to the participant for either 8 or 12 weeks, depending on the circumstances.\n\nThe Secretary may also determine that a participation payment is not payable to a declared program participant for a period because of certain failures. Once that period ends, the participant may be able to receive back pay. For a failure to attend an appointment, a penalty amount may be deducted from the participant’s participation payment.\n\n42B  Application of this Division only to declared program participants\n\nThis Division applies in relation to a person if the person is a declared program participant.\n\nSubdivision B—No show no pay failures\n\n42C  No show no pay failures\n\n(1) The Secretary may determine that a person commits a no show no pay failure on a day if:\n\n(a) the person commits any of the following failures:\n\n(i) the person fails to participate, on the day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;\n\n(ii) the person fails to comply, on the day, with a serious failure requirement imposed on the person;\n\n(iii) the person commits misconduct, on the day, while participating in an activity referred to in subparagraph (i) or while purporting to comply with a serious failure requirement imposed on the person;\n\n(iv) the person intentionally acts in a manner on the day (including by failing to attend a job interview), and it is reasonably foreseeable that acting in that manner could result in an offer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person; and\n\n(b) the person receives an instalment of a participation payment for the instalment period in which the day occurs.\n\nNote: A penalty amount is deducted from the person’s participation payment for a no show no pay failure (see section 42D).\n\n(2) Without limiting subparagraph (1)(a)(i), a person fails to participate in an activity if:\n\n(a) the person fails to attend the activity at all; or\n\n(b) the person is not punctual in attending the activity.\n\nLimitations on determining no show no pay failures\n\n(3) If:\n\n(a) more than one subparagraph of paragraph (1)(a) applies to a person on a day; or\n\n(b) a subparagraph of paragraph (1)(a) applies more than once to a person on a day;\n\nthen the Secretary may only determine that the person commits one no show no pay failure on the day.\n\nNote: However, the Secretary may determine that a person commits no show no pay failures on 2 or more days.\n\n(4) Despite subsection (1), the Secretary must not determine that a person commits a no show no pay failure on a day if:\n\n(a) both of the following apply:\n\n(i) subparagraph (1)(a)(i), (ii) or (iv) applies;\n\n(ii) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or\n\n(b) the person is a new apprentice; or\n\n(ba) the person is someone to whom section 42SB applies; or\n\n(c) the day is in a reconnection failure period for the person.\n\nNote: The Secretary must take certain matters into account for the purposes of paragraph (4)(a) and may be prohibited from taking other matters into account for those purposes (see section 42U). For the purposes of paragraph (4)(a), see also section 42UA (about prior notification of excuses).\n\nDetermining an instalment period\n\n(5) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the no show no pay failure is to be deducted from the person’s instalment of a participation payment, provided that the penalty amount may not be deducted until at least the instalment after the first instalment made following notification to the person of the no show no pay failure.\n\n42D  Deducting the penalty amount\n\nIf the Secretary determines that a person commits a no show no pay failure, the person’s penalty amount (see section 42T) for the no show no pay failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42C(5).\n\nNote: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).\n\nSubdivision C—Connection and reconnection failures\n\n42E  Connection failures\n\n(1) The Secretary may determine that a person commits a connection failure if:\n\n(a) the person commits any of the failures mentioned in subsection (2); and\n\n(b) the person receives an instalment of a participation payment for the instalment period in which the person commits the failure.\n\nNote: A reconnection requirement may be imposed for a connection failure (see section 42G).\n\n(2) For the purposes of subsection (1), the failures are the following:\n\n(a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4);\n\n(b) the person fails to comply with a requirement, under section 40A, to enter into an employment pathway plan;\n\n(c) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;\n\n(d) the person is issued with a notice under subsection 42F(1) and fails to comply with it within the period specified in the notice;\n\n(e) the person fails to comply with subsection 42F(2);\n\n(f) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person to undertake a certain number of job searches per fortnight;\n\n(g) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person:\n\n(i) to keep a record of the person’s job searches in a document referred to in the plan as a job seeker diary; and\n\n(ii) to return the job seeker diary to the Department at the end of the period specified in the plan.\n\n(3) The Secretary may determine that a person commits 2 or more connection failures on a day.\n\nLimitations on determining connection failures\n\n(4) Despite subsection (1), the Secretary must not determine that a person commits a connection failure if:\n\n(a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or\n\n(b) both of the following apply:\n\n(i) the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;\n\n(ii) a youth allowance is not payable to the person for the instalment period in which the person commits the failure because of section 547AA of the 1991 Act; or\n\n(c) both of the following apply:\n\n(i) the person’s failure is a failure to comply with a requirement under section 40A to enter into an employment pathway plan;\n\n(ii) a jobseeker payment is not payable to the person for the instalment period in which the person commits the failure because of section 615 of the 1991 Act; or\n\n(d) the person is a new apprentice; or\n\n(da) the person is someone to whom section 42SB applies; or\n\n(e) in the case of a failure under paragraphs (2)(d) to (g)—the person is receiving parenting payment.\n\nNote: The Secretary must take certain matters into account for the purposes of paragraph (4)(a) and may be prohibited from taking other matters into account for those purposes (see section 42U). For the purposes of paragraph (4)(a), see also section 42UA (about prior notification of excuses).\n\n42F  Requiring a person to apply for job vacancies\n\n(1) The Secretary may notify a person that the person must apply for a particular number of advertised job vacancies in the period specified in the notice if:\n\n(a) the person is required to satisfy the employment pathway plan requirements; and\n\n(b) the person is receiving a participation payment other than a parenting payment.\n\n(2) For each such job vacancy the person (the job applicant) applies for during that period, the job applicant must give the Secretary a written statement from the person or body offering the job vacancy that confirms that the job applicant applied for the job vacancy.\n\n(3) The statement from the person or body offering the job vacancy must be in a form approved by the Secretary.\n\n(4) Subsection (2) does not apply to a person if the Secretary is satisfied that there are special circumstances in which it is not reasonable to expect the person to give the statement referred to in that subsection.\n\n42G  Reconnection requirements\n\nIf:\n\n(a) the Secretary determines that a person commits a connection failure; or\n\n(b) a person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or\n\n(c) a person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; or\n\n(ca) a person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); or\n\n(d) a person fails to comply with any other requirement that was notified to the person under subsection 63(2) or (4);\n\nthen:\n\n(e) if, in relation to a failure referred to in paragraph (b), (c) or (ca), the Secretary determines, under subsection 42SA(1), that a participation payment is not payable to the person—the Secretary must require the person to comply with a requirement (the reconnection requirement); or\n\n(f) in any other case—the Secretary may require the person to comply with a requirement (the reconnection requirement).\n\nNote: The Secretary must notify the person of the effect of not complying with the reconnection requirement (see section 42K).\n\n42H  Reconnection failures\n\n(1) The Secretary may determine that a person commits a reconnection failure if:\n\n(a) the person is required to comply with:\n\n(i) a reconnection requirement; or\n\n(ii) a further reconnection requirement; and\n\n(b) the person fails to comply with the requirement.\n\nNote: A further reconnection requirement may be imposed, and a penalty amount is deducted from the person’s participation payment, for a reconnection failure (see sections 42J and 42L).\n\n(2) The Secretary may determine that a person commits 2 or more reconnection failures on a day.\n\nLimitation on determining reconnection failures\n\n(3) Despite subsection (1), the Secretary must not determine that a person commits a reconnection failure if:\n\n(a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or\n\n(b) the person is someone to whom section 42SB applies.\n\nNote: The Secretary must take certain matters into account for the purposes of paragraph (a) and may be prohibited from taking other matters into account for those purposes (see section 42U). For the purposes of paragraph (a), see also section 42UA (about prior notification of excuses).\n\nReconnection failure period\n\n(4) If the Secretary determines that a person commits a reconnection failure, the person commits the failure during the period (the reconnection failure period) that:\n\n(a) begins on the day the person commits the failure; and\n\n(b) ends on:\n\n(i) the day before the person complies with any further reconnection requirement imposed on the person in relation to the reconnection failure; or\n\n(ii) if the person fails to comply with a further reconnection requirement imposed on the person in relation to the reconnection failure, and the person satisfies the Secretary that the person has a reasonable excuse for the failure—the day before the person fails to comply with the requirement.\n\nDetermining an instalment period\n\n(5) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the reconnection failure is to be deducted from the person’s instalment of a participation payment.\n\n42J  Further reconnection requirements\n\n(1) The Secretary may require a person to comply with a further requirement (the further reconnection requirement) if the Secretary determines that:\n\n(a) the person fails to comply with a reconnection requirement imposed on the person; or\n\n(b) the person fails to comply with an earlier further reconnection requirement imposed on the person.\n\nNote: The Secretary must notify the person of the effect of not complying with the further reconnection requirement (see section 42K).\n\n(2) The Secretary may impose a further reconnection requirement on a person under subsection (1) even if the person satisfies the Secretary that the person has a reasonable excuse for failing to comply with the reconnection requirement or earlier further reconnection requirement.\n\n42K  Notification requirements\n\n(1) The Secretary must notify the person that a failure to comply with a reconnection requirement or a further reconnection requirement imposed on the person might result in either or both of the following:\n\n(a) a penalty amount being deducted from the person’s participation payment;\n\n(b) the person’s participation payment not being payable to the person for a period.","sortOrder":1000009},{"sectionNumber":"full-source-retrieval-0011","sectionType":"document_chunk","heading":"Document excerpt 11","content":"(2) The notification does not have to be in writing, but must occur before the person is required to comply with the reconnection requirement or the further reconnection requirement.\n\n42L  Deduction of penalty amount\n\nIf the Secretary determines that a person commits a reconnection failure, the person’s penalty amount (see section 42T) for the reconnection failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42H(5).\n\nNote: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).\n\nSubdivision D—Serious failures\n\n42M  Serious failure for persistent non‑compliance\n\n(1) The Secretary may determine that a person commits a serious failure if:\n\n(a) the Secretary is satisfied that the person has, up to the day the Secretary makes the determination, persistently failed to comply with his or her obligations in relation to a participation payment (including by committing no show no pay failures, connection failures or reconnection failures); and\n\n(b) the person receives a participation payment for the instalment period in which the Secretary makes the determination.\n\nNote 1: A participation payment is not payable for 8 weeks for a serious failure (see section 42P).\n\nNote 2: For the day the Secretary makes the determination, see section 42Y.\n\n(2) In determining whether a person commits a serious failure under subsection (1):\n\n(a) the Secretary must not take into account failures that were outside the person’s control; and\n\n(b) the Secretary may only take into account any other failures that occurred intentionally, recklessly or negligently.\n\nLimitations on determining persistent non‑compliance serious failures\n\n(3) The Secretary must not determine that a person commits a serious failure under subsection (1):\n\n(a) while the person is in a serious failure period for another serious failure determined under subsection (1); or\n\n(b) if the person is a new apprentice; or\n\n(c) if the person is someone to whom section 42SB applies.\n\nLegislative instrument\n\n(4) The Minister must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person persistently failed to comply with his or her obligations in relation to a participation payment.\n\n(5) In deciding whether a person persistently failed to comply with his or her obligations in relation to a participation payment, the Secretary must take the matters determined under subsection (4) into account.\n\n(6) To avoid doubt, subsection (5) does not limit the matters that the Secretary may take into account in deciding whether the person failed to comply with his or her obligations.\n\n42N  Serious failure for refusing or failing to accept an offer of paid work\n\n(1) The Secretary may determine that a person commits a serious failure if:\n\n(a) the person is receiving a participation payment; and\n\n(b) the person refuses or fails to accept an offer of paid work in Australia, except particular paid work that is unsuitable to be done by the person.\n\nNote 1: A participation payment is not payable for 8 weeks for a serious failure (see section 42P).\n\nNote 2: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.\n\n(2) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if:\n\n(a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or\n\n(b) the person is someone to whom section 42SB applies.\n\nNote: The Secretary must take certain matters into account for the purposes of paragraph (a) and may be prohibited from taking other matters into account for those purposes (see section 42U).\n\n(3) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if:\n\n(a) the person is the principal carer of at least one child or has a partial capacity to work; and\n\n(b) the person refuses or fails to accept an offer of paid work in Australia that is more than 15 hours per week.\n\nNote 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.\n\nNote 2: For partial capacity to work see section 16B of the 1991 Act.\n\n42NA  Comprehensive compliance assessment\n\n(1) Before the Secretary determines that a person has committed a serious failure under section 42M, the Secretary must conduct a comprehensive compliance assessment in relation to the person.\n\n(2) The comprehensive compliance assessment must assess the following:\n\n(a) the reasons why the person may have committed failures under this Division;\n\n(b) the reasons why the person may have failed to meet other requirements under the social security law;\n\n(c) whether the person has any barriers to employment;\n\n(d) whether the person’s participation requirements are appropriate.\n\n42NC  Determination about serious failure requirements and severe financial hardship\n\nIf the Secretary determines that a person commits a serious failure, the Secretary must also determine that this section applies unless the Secretary is satisfied that:\n\n(a) the person does not have the capacity to undertake any serious failure requirement; and\n\n(b) serving the serious failure period would cause the person to be in severe financial hardship.\n\n42P  Consequences of serious failure\n\nParticipation payment not payable during serious failure period\n\n(1) If the Secretary determines that a person commits a serious failure and has determined that section 42NC applies, a participation payment is not payable to the person during the person’s serious failure period.\n\nNote 1: The Secretary may end a serious failure period under section 42Q or determine that a participation payment is payable, despite this section, under section 42R.\n\nNote 2: The Secretary may continue the participation payment pending the outcome of an application for review (see sections 131 and 145 of the Administration Act).\n\n(2) The person’s serious failure period is the period:\n\n(a) beginning on the first day of the first instalment period that begins after the day the Secretary makes the determination; and\n\n(b) ending:\n\n(i) if the Secretary ends the person’s serious failure period under section 42Q—on the day mentioned in that section; or\n\n(ii) otherwise—8 weeks after the period begins.\n\nNote: For the day the Secretary makes the determination, see section 42Y.\n\nSerious failure requirements\n\n(3) If the Secretary determines that a person commits a serious failure, then the Secretary may require the person to comply with a requirement (the serious failure requirement).\n\nNote: A person who complies with a serious failure requirement may have his or her serious failure period end under section 42Q. A person who fails to comply with a serious failure requirement may commit a no show no pay failure under section 42C.\n\n42Q  Ending serious failure periods\n\n(1) The Secretary may end a person’s serious failure period if:\n\n(a) the person begins to comply with a serious failure requirement imposed on the person; or\n\n(b) the Secretary determines that:\n\n(i) the person does not have the capacity to undertake any serious failure requirement; and\n\n(ii) serving the serious failure period would cause the person to be in severe financial hardship.\n\nNote: For in severe financial hardship see subsection 14A(7) of the 1991 Act.\n\n(1A) The Secretary may make a determination under paragraph (1)(b) on request or on his or her own initiative.\n\n(2) The person’s serious failure period ends on:\n\n(a) if paragraph (1)(a) applies—the day before the person begins to comply with the requirement; or\n\n(b) if the Secretary makes a determination under paragraph (1)(b) on request—the day before the request was made; or\n\n(c) if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative—the day before the Secretary makes the determination.\n\nNote: For the day the Secretary makes the determination, see section 42Y.\n\n(3) Section 42NC does not affect the operation of this section.\n\n42R  Determining that participation payments payable\n\n(1) The Secretary may determine that, despite a person’s serious failure period, a participation payment is payable to the person during the period mentioned in subsection (2) if the person informs the Secretary that the person intends to comply with a serious failure requirement imposed on the person.\n\n(2) The participation payment is payable during the period that:\n\n(a) begins on the day that the person informs the Secretary; and\n\n(b) ends on:\n\n(i) the day before the person begins to comply with the serious failure requirement; or\n\n(ii) if the person does not begin to comply with the serious failure requirement on the day the person is required to begin—the day before that day.\n\n(3) If a period ends under subparagraph (2)(b)(ii), the period (the payability period) mentioned in subsection (2) does not count towards the 8 weeks of the person’s serious failure period.\n\nSubdivision E—Unemployment resulting from a voluntary act or misconduct\n\n42S  Unemployment resulting from a voluntary act or misconduct\n\n(1) A participation payment is not payable to a person for the period mentioned in subsection (3) if the Secretary determines that:\n\n(a) the person is unemployed as a result (whether direct or indirect) of a voluntary act of the person; or\n\n(b) the person is unemployed as a result of the person’s misconduct as an employee.\n\nNote: The Secretary may continue the participation payment pending the outcome of an application for review (see sections 131 and 145 of the Administration Act).\n\n(2) Despite paragraph (1)(a), the Secretary must not make a determination under that paragraph in relation to a person if:\n\n(a) the Secretary is satisfied that the voluntary act was reasonable; or\n\n(b) the person is someone to whom section 42SB applies.\n\n(2A) Despite subsection (1), the Secretary must not make a determination under that subsection in relation to a person if:\n\n(a) the person is the principal carer of at least one child or has a partial capacity to work; and\n\n(b) the work in relation to which the person became unemployed was work of more than 15 hours per week.\n\nNote 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.\n\nNote 2: For partial capacity to work see section 16B of the 1991 Act.\n\nPeriod of non‑payment\n\n(3) The participation payment is not payable to the person for the period (the unemployment non‑payment period) of:\n\n(a) 8 weeks beginning on the initial day; or\n\n(b) 12 weeks beginning on the initial day if, during the 6 months ending on the day immediately before the person becomes unemployed, relocation assistance, in relation to the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.\n\nNote: The Secretary may end an unemployment non‑payment period under subsection (4).\n\n(3A) For the purposes of subsection (3), the initial day is:\n\n(a) the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct; or\n\n(b) the first day of the first instalment period that begins after the day the Secretary makes the determination if:\n\n(i) the Secretary considers that first day is more appropriate than the day mentioned in paragraph (a); and\n\n(ii) the person is receiving a participation payment at the time of the voluntary act or misconduct.\n\nNote: For the day the Secretary makes the determination, see section 42Y.\n\nEnding unemployment non‑payment periods\n\n(4) The Secretary may end a person’s unemployment non‑payment period if:\n\n(a) the Secretary determines that serving the unemployment non‑payment period would cause the person to be in severe financial hardship; and\n\n(b) the person is in a class of persons specified by legislative instrument under subsection (5).\n\nNote: For in severe financial hardship see subsection 14A(7) of the 1991 Act.\n\n(5) For the purposes of subsection (4), the Secretary may, by legislative instrument, specify a class of persons.\n\nSubdivision EA—Immediate non‑payment of participation payments for certain failures\n\n42SA  Immediate non‑payment of participation payments for certain failures\n\n(1) The Secretary may determine that a participation payment is not payable to a person if:\n\n(a) the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or\n\n(b) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; or\n\n(ba) the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); or\n\n(c) the person fails to comply with a reconnection requirement or a further reconnection requirement.\n\nNote: If paragraph (1)(a), (b) or (ba) applies, a reconnection requirement must be imposed for that failure (see section 42G).\n\n(1A) Despite subsection (1), the Secretary must not make a determination under that subsection that a participation payment is not payable to a person if the person is someone to whom section 42SB applies.\n\n(2) The participation payment is not payable to the person for the period beginning on the day the person first commits the failure and ending at the end of:\n\n(a) for a failure referred to in paragraph (1)(a), (b) or (ba):\n\n(i) if the person complies with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure—the day before the day on which the person so complies; or\n\n(ii) if the person fails to comply with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure—the day before the day on which the person first commits the failure to comply with that reconnection requirement; or\n\n(aa) for a failure referred to in paragraph (1)(c)—the day before the day on which the person complies with a reconnection requirement or further reconnection requirement; or\n\n(b) if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a) or (aa)—that earlier day.\n\n(2AA) If:\n\n(a) a participation payment is not payable to a person for a period (the non‑payability period) under subsection (2) because of the person’s failure to attend an appointment with the person’s employment provider; and\n\n(b) on a day (the relevant day), the Secretary requires the person to attend a rescheduled appointment with the person’s employment provider; and\n\n(c) the rescheduled appointment is on a day that is more than 2 business days after the relevant day;\n\nthen, despite subsection (2), the non‑payability period is taken to end under that subsection at the end of the relevant day.\n\nNote 1: The requirement to attend the rescheduled appointment will be a reconnection requirement or further reconnection requirement.\n\nNote 2: For business day, see section 2B of the Acts Interpretation Act 1901.\n\n(2A) If:\n\n(a) a participation payment is not payable to a person for a period under subsection (2); and\n\n(b) the participation payment is payable to the person for any days occurring before that period begins;\n\nthen, despite any other provision of the social security law, the Secretary may withhold payment of the participation payment to the person for those days until that period ends.\n\n(3) If a period ends under subsection (2) in relation to a person, then, subject to the social security law, the participation payment becomes payable to the person for that period.\n\nNote: For a failure referred to in paragraph (1)(b) or (ba), a penalty amount may be deducted from the person’s participation payment: see Subdivision EC.\n\n(4) The Secretary must notify the person of a determination under subsection (1). The Secretary may do so in any way that the Secretary considers appropriate.\n\nSubdivision EB—Failures by certain recipients of parenting payments\n\n42SB  Suspension of payments for certain failures\n\n(1) This section applies in relation to a person who:\n\n(a) is receiving a participation payment that is a parenting payment; and\n\n(b) is someone to whom paragraph 500(1)(ca) of the 1991 Act applies.\n\n(2) The Secretary may determine that the parenting payment is not payable to the person if:\n\n(a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4); or\n\n(b) the person fails to comply with a requirement under section 40A to enter into an employment pathway plan; or\n\n(c) the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or\n\n(d) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.\n\n(3) The parenting payment is not payable to the person for the period beginning on the day the person first commits the failure and ending at the end of:\n\n(a) the day before the day on which the person notifies the Secretary that the person intends to comply with the requirement; or\n\n(b) if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a)—that earlier day.\n\n(4) If a period ends under subsection (3) in relation to the person, then, subject to the social security law, the parenting payment becomes payable to the person for that period.\n\nSubdivision EC—Non‑attendance failures\n\n42SC  Non‑attendance failures\n\n(1) The Secretary may determine that a person commits a non‑attendance failure if the Secretary makes a determination under subsection 42SA(1) because of the person’s failure referred to in paragraph 42SA(1)(b) or (ba).","sortOrder":1000010},{"sectionNumber":"full-source-retrieval-0012","sectionType":"document_chunk","heading":"Document excerpt 12","content":"(2) Despite subsection (1), the Secretary must not determine that a person commits a non‑attendance failure if the person satisfies the Secretary that the person has a reasonable excuse for the person’s failure referred to in paragraph 42SA(1)(b) or (ba).\n\nNote: The Secretary must take certain matters into account for the purposes of subsection (2) and may be prohibited from taking other matters into account for those purposes (see section 42U). See also section 42UA (about prior notification of excuses).\n\nDetermining an instalment period\n\n(3) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the non‑attendance failure is to be deducted from the person’s instalment of a participation payment.\n\n42SD  Deduction of penalty amount\n\nIf the Secretary determines that a person commits a non‑attendance failure, the person’s penalty amount (see section 42T) for the non‑attendance failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42SC(3).\n\nNote: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).\n\nSubdivision F—General provisions\n\n42T  Legislative instrument determining method for working out penalty amount\n\n(1) The Minister must, by legislative instrument, determine a method for working out a person’s penalty amount for a no show no pay failure, a reconnection failure or a non‑attendance failure.\n\n(2) The method determined for a no show no pay failure that a person commits on a day must not provide for a penalty amount for the person that is more than the following:\n\n![Start formula 1.4 times start fraction Amount of the person's instalment of participation payment for the instalment period in which the day occurs over Number of days in the person's instalment period end fraction end formula](image.002.png)\n\n(3) The method determined for a reconnection failure that a person commits must not provide for a penalty amount in respect of a day in the reconnection failure period that is more than the following:\n\n![Start formula 1.4 times start fraction Amount of the person's instalment of participation payment for the instalment period in which the day occurs over Number of days in the person's instalment period end fraction end formula](image.003.png)\n\n(3A) The method determined for a non‑attendance failure that a person commits must not provide for a penalty amount, in respect of a day in the non‑attendance failure penalty period, that is more than the following:\n\n![Start formula 1.4 times start fraction Amount of the person's instalment of participation payment that would, apart from subsection 42SA(2), be payable to the person for the instalment period in which the day occurs over Number of days in the person's instalment period end fraction end formula](image.004.png)\n\nNote: Any amount withheld under subsection 42SA(2A) for days in the instalment period remains an amount payable to the person for the instalment period.\n\n(3B) For the purposes of subsection (3A), the non‑attendance failure penalty period is the period:\n\n(a) beginning on the day the person is notified by the Secretary of the determination under subsection 42SA(1); and\n\n(b) ending on the day the period under subsection 42SA(2) ends.\n\n(4) In addition, the method determined for a no show no pay failure or a reconnection failure must relate to:\n\n(a) for a person’s no show no pay failure—the amount of the participation payment paid to the person on the day on which the person commits the no show no pay failure; or\n\n(b) for a person’s reconnection failure—the amount of the participation payment paid to the person during the reconnection failure period.\n\n(5) The method determined by the Minister for working out a person’s penalty amount must not affect any rent assistance, pharmaceutical allowance or youth disability supplement payable to the person.\n\n(6) The method determined may provide for a penalty amount that is nil.\n\n(7) The legislative instrument may also deal with the amount of a penalty amount to be deducted from an instalment of a participation payment.\n\n42U  Legislative instruments relating to reasonable excuse\n\nMatters to be taken into account\n\n(1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing:\n\n(a) a no show no pay failure (see paragraph 42C(4)(a)); or\n\n(b) a connection failure (see paragraph 42E(4)(a)); or\n\n(c) a reconnection failure (see paragraph 42H(3)(a)); or\n\n(d) a serious failure (see paragraph 42N(2)(a)); or\n\n(e) a non‑attendance failure (see subsection 42SC(2)).\n\n(2) To avoid doubt, a determination under subsection (1) does not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse.\n\nMatters not to be taken into account\n\n(3) The Secretary may, by legislative instrument, determine matters that the Secretary must not take into account in deciding whether a person has a reasonable excuse for committing:\n\n(a) a no show no pay failure (see paragraph 42C(4)(a)); or\n\n(b) a connection failure (see paragraph 42E(4)(a)); or\n\n(c) a reconnection failure (see paragraph 42H(3)(a)); or\n\n(d) a serious failure (see paragraph 42N(2)(a)); or\n\n(e) a non‑attendance failure (see subsection 42SC(2)).\n\n42UA  Prior notification of excuse\n\n(1) This section applies in relation to the following failures of a person:\n\n(a) a failure to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;\n\n(b) a failure to comply with a serious failure requirement imposed on the person, where the requirement was to undertake an activity on a day or to attend an appointment, or contact a person, at a particular time;\n\n(c) a failure to comply with a requirement notified to the person under subsection 63(2), where the requirement was to attend an office of the Department, to contact the Department or to attend a particular place for a particular purpose;\n\n(d) a failure to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person;\n\n(e) a failure to comply with a reconnection requirement or a further reconnection requirement, where the requirement was to undertake an activity on a day or to attend an appointment, or contact a person, at a particular time.\n\n(2) For the purposes of subparagraph 42C(4)(a)(ii), paragraph 42E(4)(a) or 42H(3)(a) or subsection 42SC(2), in deciding whether the person has a reasonable excuse for the failure, the following table has effect:\n\n- Prior notification of excuse\n- For this failure: An excuse cannot be a reasonable excuse unless:\n- 1 A failure referred to in paragraph (1)(a) or (d) (a) before the start of the activity on the day concerned or before the time of the appointment, the person notified the excuse to the person or body specified in the employment pathway plan as the person or body to whom prior notice should be given if the person is unable to undertake the activity or attend the appointment; or(b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification\n- 2 A failure referred to in paragraph (1)(b) or (e) (a) before the start of the activity on the day concerned or before the time of the appointment or contact, the person notified the excuse to the person or body notified by the Secretary as the person or body to whom prior notice should be given if the person is unable to undertake the activity, attend the appointment or make the contact; or(b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification\n- 3 A failure referred to in paragraph (1)(c) (a) before the end of the time specified under subsection 63(2), the person notified the excuse to the person or body notified by the Secretary as the person or body to whom prior notice should be given if the person is unable to attend the office, contact the Department or attend the place; or(b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification\n\nNote: Despite subsection (2), the Secretary may decide for other reasons that the excuse is not a reasonable excuse.\n\n42V  Deduction from any participation payment\n\nThe balance of a person’s penalty amount for a no show no pay failure, a reconnection failure or a non‑attendance failure that is not reduced to nil under section 42D, 42L or 42SD is to be deducted from:\n\n(a) the instalments of the participation payment referred to in that section for any later instalment periods (until the balance is reduced to nil); and\n\n(b) if the balance is not reduced to nil under paragraph (a)—the instalments of any other participation payment paid to the person (until the balance is reduced to nil).\n\n42W  Penalty amount not a debt\n\nTo avoid doubt, a penalty amount is not a debt owed to the Commonwealth under Part 5.2 of the 1991 Act.\n\n42X  Payability\n\nA participation payment remains payable even if it is reduced to nil as a result of deducting a penalty amount, or the balance of a penalty amount, for a no show no pay failure, a reconnection failure or a non‑attendance failure.\n\n42Y  Day of determination\n\nFor the purposes of paragraph 42M(1)(a), 42P(2)(a), 42Q(2)(c) or 42S(3A)(b), the day the Secretary makes the determination is the day the Secretary originally makes the determination (even if another decision in relation to the determination is later made on review).\n\n42YA  Relationship between Subdivisions of this Division\n\nNo Subdivision of this Division limits any other Subdivision of this Division.\n\n42Z  Relationship with section 80\n\nNothing in this Division affects the power of the Secretary to cancel or suspend a participation payment under section 80 of this Act.\n\nDivision 4—Payment of social security payment\n\n43  Payment by instalments\n\nPayment in arrears in relation to periods\n\n(1) A social security periodic payment is to be paid:\n\n(a) in arrears; and\n\n(b) by instalments relating to such periods (not exceeding 14 days) as the Secretary determines.\n\nTiming of payments of instalments\n\n(2) Subject to sections 52 and 53, instalments of a social security periodic payment are to be paid at such times as the Secretary determines.\n\nTotal instalment relating to a period\n\n(3) Subject to subsection (4), the amount that is to be paid to a person as an instalment of a social security periodic payment in relation to a period is the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day) payable to the person for days in that period on which the social security periodic payment was payable to the person.\n\nWeekly payments of a social security periodic payment\n\n(3A) The Secretary may determine that a person is to be paid the total amount of the social security periodic payment relating to an instalment period of 14 days determined under subsection (1) in 2 payments (the part payments) if the person is a member of a class specified under subsection (3B).\n\n(3B) The Minister may by legislative instrument specify a class of persons for the purposes of subsection (3A).\n\n(3C) The first of the part payments:\n\n(a) is not to exceed the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day, subject to subsections (4) and (5A)) payable to the person for days that:\n\n(i) are days on which the social security periodic payment was payable to the person; and\n\n(ii) are included in the first 7 days of the instalment period; and\n\n(b) is to be paid at a time determined by the Secretary that is after the first 7 days of the instalment period.\n\n(3D) The other of the part payments:\n\n(a) is the excess of the amount that is to be paid to a person as the instalment of the social security periodic payment in relation to the instalment period (see subsection (3)) over the first of the part payments; and\n\n(b) is to be paid at a time determined by the Secretary that is after the end of the instalment period.\n\n(3E) If the person is, or is to be, paid the total amount of the social security periodic payment relating to the instalment period in part payments, then it is taken for the purposes of the social security law that:\n\n(a) a single instalment of the social security periodic payment is, or is to be, paid in relation to the period; and\n\n(b) that instalment is, or is to be, paid when the last of the part payments is, or is to be, made; and\n\n(c) that instalment is equal to the total of the part payments.\n\nNote: The total of the part payments equals the amount worked out under subsection (3) (as affected by subsection (4), if relevant) as the amount to be paid to the person as the instalment of the social security periodic payment in relation to the instalment period.\n\n(3F) However, the following provisions of this Act (about deductions from instalments) apply as if each of the part payments were a separate instalment:\n\n(a) section 61;\n\n(b) Division 5 of Part 3B;\n\n(c) subsection 238(2).\n\nMinimum daily rate\n\n(4) If:\n\n(a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security payment:\n\n(i) an amount of pharmaceutical allowance;\n\n(ii) a pension supplement amount; and\n\n(aa) the social security payment:\n\n(i) is not a social security pension; or\n\n(ii) is a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; or\n\n(iii) if the person has not reached pension age on the day—is a pension PP (single); and\n\n(b) if an added amount is a pension supplement amount used by the Rate Calculator to produce an annual rate—the total of the added amounts is more than the person’s pension supplement basic amount; and\n\n(c) there is no election by the person under subsection 1061VA(1) of the 1991 Act in force on that day; and\n\n(d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount;\n\nthe amount of that portion of the instalment is to be increased to the person’s minimum daily rate.\n\n(5) In subsection (4):\n\nminimum daily rate, for a person, means:\n\n(a) if an amount of pharmaceutical allowance is an added amount:\n\n(i) if the Rate Calculator for the social security payment produces a fortnightly rate—1/14 of that amount; or\n\n(ii) if the Rate Calculator for the social security payment produces an annual rate—1/364 of that amount; or\n\n(b) if a pension supplement amount is the only added amount—1/364 of the person’s minimum pension supplement amount.\n\n(5AA) If:\n\n(a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security pension:\n\n(i) a pension supplement amount;\n\n(ii) energy supplement; and\n\n(aa) the social security pension:\n\n(i) is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and\n\n(ii) if the person has not reached pension age on the day—is not a pension PP (single); and\n\n(b) if one of the added amounts is a pension supplement amount used by the Rate Calculator to produce an annual rate—the pension supplement amount is more than the person’s pension supplement basic amount; and\n\n(c) there is no election by the person under subsection 915A(1) or 1061VA(1) of the 1991 Act in force on that day; and\n\n(d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount;\n\nthe amount of that portion of the instalment is to be increased to the person’s minimum daily rate.\n\n(5AB) For the purposes of subsection (5AA), a person’s minimum daily rate is 1/364 of the total of:\n\n(a) the person’s minimum pension supplement amount, if a pension supplement amount is an added amount; and\n\n(b) the person’s energy supplement, if energy supplement is an added amount.\n\nNo reduction of portion of quarterly pension supplement relating to a day\n\n(5A) If:\n\n(a) an election by the person under subsection 1061VA(1) of the 1991 Act is in force on a particular day; and\n\n(b) apart from this subsection, the portion of the instalment of the person’s quarterly pension supplement that corresponds to that day would be reduced under subsection 1210(3) of the 1991 Act, but not reduced to a nil amount;\n\nthe amount of that portion of the instalment is not to be reduced under subsection 1210(3) of the 1991 Act.\n\nNo reduction of portion of quarterly energy supplement relating to a day\n\n(5B) If:\n\n(a) quarterly energy supplement is payable to a person for a particular day; and\n\n(b) the social security payment to which the quarterly energy supplement relates:\n\n(i) is a social security pension; and\n\n(ii) is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and\n\n(iii) if the person has not reached pension age on the day—is not a pension PP (single); and\n\n(c) apart from this subsection, the portion of the instalment of the person’s quarterly energy supplement that corresponds to that day would be reduced under subsection 1210(3A) of the 1991 Act; and\n\n(d) the reduction of the main rate mentioned in subparagraph 1210(3A)(b)(ii) would not be to a nil amount;","sortOrder":1000011},{"sectionNumber":"full-source-retrieval-0013","sectionType":"document_chunk","heading":"Document excerpt 13","content":"the amount of that portion of the instalment is not to be reduced under subsection 1210(3A) of the 1991 Act.\n\nInstalment periods\n\n(6) Each of the periods determined by the Secretary under subsection (1) is an instalment period in relation to the social security periodic payment.\n\n44  Payment of instalments to person or nominee\n\n(1) Subject to section 45, instalments of a person’s social security periodic payment are to be paid to that person.\n\n(2) If, by virtue of a determination under subsection 46(2), a person’s special employment advance is to be paid by instalments, the instalments are to be paid to that person.\n\n(3) This section has effect subject to Part 3A.\n\n45  Payment of youth allowance—person under 18 and not independent\n\n(1) Subject to subsection (2), instalments of youth allowance of a person who is under 18 years of age and is not independent are to be paid on behalf of the person:\n\n(a) if the person has only one living parent—to that parent; or\n\n(b) if the person has more than one living parent—to the parent nominated in writing by the person to the Secretary.\n\n(2) The Secretary may direct that the whole or a part of the instalments of youth allowance of a person referred to in subsection (1) is to be paid to the person.\n\n(3) If the Secretary gives a direction under subsection (2), the instalments are to be paid in accordance with the direction.\n\n(4) This section has effect subject to Part 3A.\n\n46  Payment of special employment advance\n\n(1) Unless the Secretary makes a determination under subsection (2), a person’s special employment advance is to be paid in accordance with section 47.\n\n(2) If the Secretary considers that it is appropriate for a person’s special employment advance to be paid by instalments, the Secretary may determine that the person’s special employment advance is to be so paid.\n\n46A  Payment of AGDRP\n\n(1) Unless the Secretary makes a determination under subsection (2), a person’s AGDRP is to be paid in accordance with section 47.\n\n(2) If the Secretary considers that it is appropriate for a person’s AGDRP to be paid by instalments, the Secretary may determine that the person’s AGDRP is to be so paid.\n\n46B  Payment of AVTOP\n\n(1) Unless the Secretary makes a determination under subsection (2), a person’s AVTOP is to be paid:\n\n(a) in accordance with section 47; and\n\n(b) on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the person.\n\n(2) If the Secretary considers that it is appropriate for a person’s AVTOP to be paid by instalments, the Secretary may determine that the person’s AVTOP is to be so paid.\n\n47  Payment of lump sum benefits\n\n(1) In this section:\n\nlump sum benefit means:\n\n(a) an advance payment under section 864A, Part 2.22 or section 1134A of the 1991 Act; or\n\n(aa) AGDRP, except where the Secretary has made a determination under subsection 46A(2); or\n\n(aaa) AVTOP, except where the Secretary has made a determination under subsection 46B(2); or\n\n(ab) child disability assistance; or\n\n(b) crisis payment; or\n\n(bb) relocation scholarship payment; or\n\n(d) education entry payment; or\n\n(f) fares allowance; or\n\n(g) one‑off payment to the aged; or\n\n(gd) carer supplement; or\n\n(ge) one‑off energy assistance payment under Part 2.6 of the 1991 Act; or\n\n(gf) one‑off energy assistance payment under Part 2.6A of the 1991 Act; or\n\n(gg) first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or\n\n(gh) second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or\n\n(gi) additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or\n\n(gj) additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or\n\n(gk) 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act; or\n\n(h) one‑off payment to carers (carer allowance related); or\n\n(ha) one‑off payment to carers (carer payment related); or\n\n(hb) 2005 one‑off payment to carers (carer payment related); or\n\n(hc) 2005 one‑off payment to carers (carer service pension related); or\n\n(hd) 2005 one‑off payment to carers (carer allowance related); or\n\n(he) 2006 one‑off payment to carers (carer payment related); or\n\n(hf) 2006 one‑off payment to carers (wife pension related); or\n\n(hg) 2006 one‑off payment to carers (partner service pension related); or\n\n(hh) 2006 one‑off payment to carers (carer service pension related); or\n\n(hi) 2006 one‑off payment to carers (carer allowance related); or\n\n(hj) 2007 one‑off payment to carers (carer payment related); or\n\n(hk) 2007 one‑off payment to carers (wife pension related); or\n\n(hl) 2007 one‑off payment to carers (partner service pension related); or\n\n(hm) 2007 one‑off payment to carers (carer service pension related); or\n\n(hn) 2007 one‑off payment to carers (carer allowance related); or\n\n(ho) 2008 one‑off payment to carers (carer payment related); or\n\n(hp) 2008 one‑off payment to carers (wife pension related); or\n\n(hq) 2008 one‑off payment to carers (partner service pension related); or\n\n(hr) 2008 one‑off payment to carers (carer service pension related); or\n\n(hs) 2008 one‑off payment to carers (carer allowance related); or\n\n(ht) economic security strategy payment; or\n\n(hu) training and learning bonus; or\n\n(hv) activity supplement; or\n\n(hw) farm financial assessment supplement; or\n\n(hx) FHA supplement; or\n\n(hy) relief payment; or\n\n(i) pension bonus; or\n\n(ia) pension bonus bereavement payment; or\n\n(j) special employment advance, except where the Secretary has made a determination under subsection 46(2); or\n\n(k) clean energy advance; or\n\n(l) essential medical equipment payment.\n\n(2) If a claim for crisis payment is granted because of subsection 37(7), the Secretary may pay an amount equal to the amount of the crisis payment to the claimant before the claimant is released from gaol or psychiatric confinement if the Secretary thinks it is necessary to do so in order to ensure that the claimant, on release, will not suffer severe financial hardship.\n\n(3) If an amount is paid to a person under subsection (2), the amount is taken, after the person’s release from gaol or psychiatric confinement, to be a payment of crisis payment made in relation to the claim referred to in subsection (2).\n\n(4) Subject to subsections 47C(3) and (4), section 47DA and Part 3A, a person’s lump sum benefit is to be paid to the person.\n\n47A  Payment of one‑off payment to the aged\n\nOne‑off payment to the aged is to be paid to a person on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the person.\n\n47AB  Payment of carer supplement\n\nIf an individual is qualified for carer supplement for a year, the Secretary must pay the supplement to the individual:\n\n(a) on the date or dates that the Secretary considers to be the earliest date or dates on which it is reasonably practicable for the payment to be made; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n47AC  Payment of one‑off energy assistance payment\n\nIf a person is qualified for a one‑off energy assistance payment under Part 2.6 of the 1991 Act, the Secretary must pay the payment to the person in a single lump sum:\n\n(a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n47AD  Payment of 2019 one‑off energy assistance payment\n\nIf a person is qualified for a one‑off energy assistance payment under Part 2.6A of the 1991 Act, the Secretary must pay the payment to the person in a single lump sum:\n\n(a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n47AE  Payment of first 2020 economic support payment\n\n(1) If a person is qualified for a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n(a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n(2) The Secretary must not pay the payment on or after 1 July 2022.\n\n47AF  Payment of second 2020 economic support payment\n\n(1) If a person is qualified for a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n(a) on the date, occurring on or after 10 July 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n(2) The Secretary must not pay the payment on or after 1 July 2023.\n\n47AG  Payment of additional economic support payment 2020\n\n(1) If a person is qualified for an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n(a) on the date, occurring on or after 27 November 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n(2) The Secretary must not pay the payment on or after 1 July 2023.\n\n47AH  Payment of additional economic support payment 2021\n\n(1) If a person is qualified for an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n(a) on the date, occurring on or after 26 February 2021, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n(2) The Secretary must not pay the payment on or after 1 July 2023.\n\n47AI  Payment of 2022 cost of living payment\n\n(1) If a person is qualified for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum:\n\n(a) on the date, occurring on or after 29 March 2022, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n(2) The Secretary must not pay the payment on or after 1 July 2023.\n\n47B  Payment of one‑off payments to carers\n\n(1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum:\n\n(a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n(2) The payments are the following:\n\n(a) one‑off payment to carers (carer allowance related);\n\n(b) one‑off payment to carers (carer payment related);\n\n(c) 2005 one‑off payment to carers (carer payment related);\n\n(d) 2005 one‑off payment to carers (carer service pension related);\n\n(e) 2005 one‑off payment to carers (carer allowance related);\n\n(f) 2006 one‑off payment to carers (carer payment related);\n\n(g) 2006 one‑off payment to carers (wife pension related);\n\n(h) 2006 one‑off payment to carers (partner service pension related);\n\n(i) 2006 one‑off payment to carers (carer service pension related);\n\n(j) 2006 one‑off payment to carers (carer allowance related);\n\n(k) 2007 one‑off payment to carers (carer payment related);\n\n(l) 2007 one‑off payment to carers (wife pension related);\n\n(m) 2007 one‑off payment to carers (partner service pension related);\n\n(n) 2007 one‑off payment to carers (carer service pension related);\n\n(o) 2007 one‑off payment to carers (carer allowance related);\n\n(p) 2008 one‑off payment to carers (carer payment related);\n\n(q) 2008 one‑off payment to carers (wife pension related);\n\n(r) 2008 one‑off payment to carers (partner service pension related);\n\n(s) 2008 one‑off payment to carers (carer service pension related);\n\n(t) 2008 one‑off payment to carers (carer allowance related).\n\n47C  Payment of economic security strategy payments and training and learning bonuses\n\n(1) If an individual is qualified for an economic security strategy payment, the Secretary must pay the payment to the individual in a single lump sum:\n\n(a) on 8 December 2008, or on such later date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n(2) If an individual is qualified for a training and learning bonus, the Secretary must pay the bonus in a single lump sum:\n\n(a) to the individual; and\n\n(b) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n(c) in such manner as the Secretary considers appropriate.\n\n(3) Despite paragraph (2)(a) of this section, if:\n\n(a) the individual is qualified for a training and learning bonus under paragraph 910(2)(a) of the 1991 Act because the individual was receiving youth allowance in respect of 3 February 2009; and\n\n(b) the whole or a part of the individual’s instalment of youth allowance in respect of a period that included that day was paid to a parent of the individual under section 45 of this Act;\n\nthe Secretary may pay the whole, or the same proportion, of the individual’s training and learning bonus to that parent or to any other person.\n\n(4) Despite paragraph (2)(a) of this section, if:\n\n(a) the individual is qualified for a training and learning bonus:\n\n(i) under paragraph 910(2)(e) of the 1991 Act because the individual was receiving a payment under the ABSTUDY Scheme in respect of 3 February 2009; or\n\n(ii) under paragraph 910(2)(f) or (g) of the 1991 Act because the individual was receiving an education allowance referred to in that paragraph in respect of that day; and\n\n(b) the whole or a part of the individual’s instalment of the payment or allowance in respect of a period that included that day was paid to a person (the recipient) other than the individual;\n\nthe Secretary may pay the whole, or the same proportion, of the individual’s training and learning bonus to the recipient or to any other person.\n\n47CA  Payment of activity supplement or farm financial assessment supplement\n\nThe following payments are to be paid to a person on the date the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made to the person:\n\n(a) activity supplement;\n\n(b) farm financial assessment supplement.\n\n47CB  Payment of FHA supplement or relief payment\n\nIf a person is qualified for FHA supplement for a qualifying period (within the meaning of the Farm Household Support Act 2014), or relief payment, the Secretary must pay the supplement or payment to the person:\n\n(a) on the day the Secretary determines; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n47D  Payment of clean energy advance\n\n(1) If an individual is qualified for a clean energy advance, the Secretary must pay the advance to the individual in a single lump sum:\n\n(a) on the day that the Secretary considers to be the earliest day on which it is reasonably practicable for the advance to be made; and\n\n(b) in such manner as the Secretary considers appropriate.\n\nNote: This section applies to a qualification under Subdivision A or C of Division 1 of Part 2.18A of the 1991 Act.\n\n(2) However, the Secretary must not pay the advance if the Secretary is aware that the individual has died.\n\n47DAA  Payment of essential medical equipment payment\n\nIf an individual is qualified for an essential medical equipment payment, the Secretary must pay the payment to the individual in a single lump sum in such manner as the Secretary considers appropriate.\n\n47DA  Relocation scholarship payments\n\nIf:\n\n(a) a person is qualified for a relocation scholarship payment on a particular day because the person is receiving youth allowance; and\n\n(b) the whole or a part of the person’s instalment of youth allowance in respect of a period that included that day is paid to a parent of the person under section 45 of this Act;\n\nthe Secretary may pay the whole, or the same proportion, of the person’s scholarship payment to that parent or to any other person.\n\n47DB  Student start‑up loans\n\n(1) If a person is qualified for a student start‑up loan for a qualification period:\n\n(a) the loan becomes payable to the person on the day the Secretary determines the person’s claim for the loan; and\n\n(b) the Secretary must pay the amount of the loan to the person as soon as reasonably practicable after that day.\n\n(2) Despite subsection (1), if:\n\n(a) a person is qualified for a student start‑up loan for a qualification period because the person is receiving youth allowance; and\n\n(b) the whole or a part of the person’s instalment of youth allowance is paid to a parent of the person, under section 45 of this Act, in respect of a period that includes the day the Secretary determines the person’s claim for the loan;\n\nthe Secretary may pay the whole, or the same proportion, of the person’s loan to that parent or to any other person.\n\n48  Payment of telephone allowance\n\n(1) Telephone allowance is to be paid by instalments.\n\n(2) An instalment of telephone allowance is to be paid to a person on each telephone allowance payday on which telephone allowance is payable to the person.","sortOrder":1000012},{"sectionNumber":"full-source-retrieval-0014","sectionType":"document_chunk","heading":"Document excerpt 14","content":"(3) The amount of an instalment of telephone allowance is worked out by dividing the amount of the annual rate of telephone allowance by 4.\n\n(4) In this section:\n\ntelephone allowance payday means the first day on which an instalment of a social security periodic payment would normally be paid to the person on or after any of the following:\n\n(a) 1 January;\n\n(b) 20 March;\n\n(c) 1 July;\n\n(d) 20 September.\n\n48A  Payment of utilities allowance\n\n(1) Utilities allowance is to be paid by instalments.\n\n(2) If utilities allowance is payable to a person in relation to a utilities allowance test day, then an instalment of the allowance is to be paid to the person on the person’s first payday on or after that test day.\n\n(3) The amount of an instalment of utilities allowance is worked out by dividing the amount of the annual rate of utilities allowance by 4.\n\n(4) In this section:\n\nutilities allowance test day means:\n\n(a) 20 March; and\n\n(b) 20 June; and\n\n(c) 20 September; and\n\n(d) 20 December.\n\n48B  Payment of energy supplement\n\n(1) Energy supplement under Part 2.25B of the 1991 Act is to be paid by instalments.\n\n(2) An instalment of energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.\n\n(3) The amount of the instalment is worked out by:\n\n(a) working out the amount of the person’s energy supplement for each day in the instalment period; and\n\n(b) adding up the amounts resulting from paragraph (a).\n\n(4) In this section:\n\ninstalment period means a period:\n\n(a) in relation to each day of which energy supplement is payable to the person; and\n\nNote: For when energy supplement is payable to the person, see section 1061UA of the 1991 Act.\n\n(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and\n\n(c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and\n\n(d) that is not included in a longer instalment period.\n\n48C  Payment of quarterly pension supplement\n\n(1) Quarterly pension supplement is to be paid by instalments.\n\n(2) An instalment of quarterly pension supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.\n\n(3) The amount of the instalment is worked out by multiplying the person’s daily rate of quarterly pension supplement by the number of days in the instalment period.\n\n(4) In this section:\n\ninstalment period means a period:\n\n(a) in relation to each day of which quarterly pension supplement is payable to the person; and\n\nNote: For when quarterly pension supplement is payable to the person, see section 1061VA of the 1991 Act.\n\n(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and\n\n(c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and\n\n(d) that is not included in a longer instalment period.\n\n48D  Payment of quarterly energy supplement\n\n(1) Quarterly energy supplement is to be paid by instalments.\n\n(2) An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.\n\nNote: For when quarterly energy supplement is payable to the person, see section 915 of the 1991 Act.\n\n(3) The amount of the instalment is worked out by:\n\n(a) working out the amount of the person’s quarterly energy supplement for each day in the instalment period; and\n\n(b) adding up the amounts resulting from paragraph (a).\n\n(4) In this section:\n\ninstalment period means a period:\n\n(a) for each day of which quarterly energy supplement is payable to the person; and\n\nNote: For when quarterly energy supplement is payable to the person, see section 915 of the 1991 Act.\n\n(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and\n\n(c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and\n\n(d) that is not included in a longer instalment period.\n\n49  Timing of payment of fares allowance\n\n(1) Subject to subsection (2), fares allowance for a journey by a person is to be paid as a reimbursement after the journey is made.\n\n(2) If the journey has not been made, the fares allowance for the journey is to be paid before the journey is made.\n\n50  To whom fares allowance is to be paid\n\n(1) Subject to subsection (4), if the person is or was receiving youth allowance at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the youth allowance are or were being paid under section 44 or 45.\n\n(2) Subject to subsection (4), if the person is or was receiving austudy payment at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the austudy payment are or were being paid under section 44.\n\n(3) Subject to subsection (4), if the person is or was receiving pensioner education supplement at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the pensioner education supplement are or were being paid under section 44.\n\n(4) If the fares allowance is to be paid as referred to in subsection 49(2), it is to be paid, on behalf of the person, to the commercial operator who provides the person’s means of travel.\n\n(5) This section has effect subject to section 58.\n\n50A  Payment of child disability assistance\n\nIf an individual is qualified for child disability assistance in respect of a particular 1 July, the Secretary must pay the assistance to the individual in a single lump sum:\n\n(a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and\n\n(b) in such manner as the Secretary considers appropriate.\n\n51  Advance in case of severe financial hardship\n\n(1) If:\n\n(a) the Secretary determines:\n\n(i) that a claim by a person who is in Australia for a social security benefit or pension is to be granted; or\n\n(ii) that a social security benefit or pension is payable to a person under section 85; and\n\n(b) the Secretary is satisfied that, if the person is required to wait until the end of:\n\n(i) the first instalment period in relation to the benefit or pension; or\n\n(ii) the first instalment period in relation to the benefit or pension after the resumption of payment of the benefit or pension;\n\nfor payment of an instalment, the person will suffer severe financial hardship;\n\nthe Secretary may determine that a specified amount is to be paid to the person in advance.\n\n(2) If:\n\n(a) a claim for a social security pension or benefit is granted because of subsection 37(7); and\n\n(b) the Secretary makes a determination under subsection (1);\n\nthe amount payable by virtue of that determination may be paid before the claimant is released from gaol or psychiatric confinement if the Secretary thinks it is necessary to do so in order to ensure that the claimant, on release, will not suffer severe financial hardship.\n\n(3) The operation of subsection (2) is not affected by section 1158, 1162 or 1162A of the 1991 Act.\n\n(4) The amount paid under a determination under subsection (1) is not to exceed the amount that, in the opinion of the Secretary, would be the total of the amounts payable to the person for the first 14 days on which the benefit or pension is payable to the person.\n\n(5) An amount paid to a person under subsection (1) is taken to be an advance payment of the instalment or instalments, or of that part of the instalment or instalments, that relate to the days referred to in subsection (4).\n\n52  Payment of certain amounts outside Australia\n\n(1) This section applies to the following social security payments:\n\n(a) age pension;\n\n(c) carer payment;\n\n(d) disability support pension;\n\n(g) pension PP (single) to which clause 105A of Schedule 1A to the 1991 Act applies;\n\n(h) pensioner education supplement;\n\n(k) special benefit.\n\n(2) If a person who is receiving a social security payment to which this section applies is outside Australia, instalments of the payment are to be paid to the person at such times as the Secretary determines for the purposes of this section.\n\n53  Payment of instalments where pension received under other legislation\n\n(1) If:\n\n(a) an age pension or a disability support pension is payable to a person; and\n\n(b) the person is receiving a veteran’s disability pension; and\n\n(c) the Secretary has made a determination, for the purposes of this subsection, that instalments of age pension or disability support pension, as the case may be, are to be paid to the person on the days on which instalments of the veteran’s disability pension are paid to the person; and\n\n(d) the determination has not been revoked;\n\ninstalments of age pension or disability support pension are to be paid to the person in accordance with the determination.\n\n(2) If:\n\n(a) an age pension or a disability support pension is payable to a person; and\n\n(b) the person’s partner is receiving:\n\n(i) an age pension and a veteran’s disability pension; or\n\n(ii) a disability support pension and a veteran’s disability pension; and\n\n(c) the Secretary has made a determination, for the purposes of this subsection, that instalments of age pension or disability support pension, as the case may be, are to be paid to the person on the days on which instalments of the veteran’s disability pension are paid to the person’s partner; and\n\n(d) the determination has not been revoked;\n\ninstalments of age pension or disability support pension are to be paid to the person in accordance with the determination.\n\n54  Rounding off instalments of social security payments\n\n(1) In this section:\n\ninstalment means an instalment of a social security payment.\n\nNote: Subsection 43(3E) affects what is an instalment of a social security periodic payment if the Secretary has determined under subsection 43(3A) that a person is to be paid the total amount of a social security periodic payment relating to an instalment period in 2 payments.\n\n(2) If the amount of an instalment would be:\n\n(a) one or more whole dollars and a part of a cent; or\n\n(b) one or more whole dollars and cents and a part of a cent;\n\nthe amount is to be increased or decreased to the nearest whole cent.\n\n(3) If the amount of an instalment would be:\n\n(a) one or more whole dollars and 0.5 cent; or\n\n(b) one or more whole dollars and cents and 0.5 cent;\n\nthe amount is to be increased by 0.5 cent.\n\n(4) If, apart from this subsection, the amount of an instalment would be less than $1.00, the amount is to be increased to $1.00.\n\n55  Payment into bank account etc.\n\n(1) Subject to Part 3A, an amount (the relevant amount) that is to be paid to a person under section 44, 45, 47, 47DA, 47DB, 48, 48A, 48B, 48C, 48D or 50 is to be paid in the manner set out in this section.\n\n(2) Subject to subsections (4) and (4A), the relevant amount is to be paid to the credit of a bank account nominated and maintained by the person.\n\n(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.\n\n(4) The Secretary may direct that the whole or a part of the relevant amount be paid to the person in a different way from that provided for by subsection (2). If the Secretary gives a direction, the relevant amount is to be paid in accordance with the direction.\n\n(4A) Fares allowance is to be paid to a person as follows:\n\n(a) fares allowance is to be paid to the credit of the bank account to the credit of which payments of youth allowance, austudy payment or pensioner education supplement payable to the person are or were made;\n\n(b) if, because of a direction under subsection (4), youth allowance, austudy payment or pensioner education supplement is not paid to the credit of a bank account, fares allowance is to be paid in the same way as the youth allowance, austudy payment or pensioner education supplement, as the case may be.\n\n(5) If, at the end of the period of 28 days starting on the day on which the Secretary requested the person to nominate an account for the purposes of subsection (2) (the 28 day period):\n\n(a) the person has not nominated an account for the purposes of subsection (2); and\n\n(b) the Secretary has not given, or has revoked, a direction under subsection (4) in relation to the payment of the relevant amount to the person;\n\nthe relevant amount ceases to be payable to the person.\n\n(6) If the person nominates an account for the purposes of subsection (2) after the end of the 28 day period, the relevant amount again becomes payable to the person and is so payable:\n\n(a) if the nomination is made within 13 weeks after the end of the 28 day period—on and from the first day after the end of that period; or\n\n(b) if the nomination is not so made—on and from the day on which the nomination is made.\n\n(7) Subsection (6) does not apply at a time when, because of the operation of another provision of the social security law, the relevant amount is not payable to the person.\n\n56  Youth allowance—failure to nominate parent\n\n(1) This section applies to a person if:\n\n(a) the person is under 18 years of age and is not independent; and\n\n(b) youth allowance has become payable to the person; and\n\n(c) the person has more than one living parent; and\n\n(d) at the end of the period of 28 days starting on the day on which youth allowance became payable to the person:\n\n(i) the person has not nominated a parent for the purposes of subsection 45(1); and\n\n(ii) the Secretary has not given a direction under subsection 45(2) in relation to payment of instalments of the person’s youth allowance.\n\n(2) Youth allowance is not payable to a person while this section applies to the person.\n\n(3) If a person to whom this section applies nominates a parent for the purposes of subsection 45(1), this section ceases to apply to the person.\n\n57  Change of particular payday\n\nIf the Secretary is satisfied that an amount that would, apart from this section, be paid on a particular day cannot reasonably be paid on that day, the Secretary may direct that the amount be paid on an earlier day.\n\n58  Payment of social security payment after death\n\n(1) If:\n\n(a) an amount representing a social security payment (other than pension bonus, pension bonus bereavement payment or a student start‑up loan) is payable to a person; and\n\n(b) the person dies; and\n\n(c) another person applies to receive the amount; and\n\n(d) the application is made:\n\n(i) within 26 weeks after the death; or\n\n(ii) within such further period as is allowed by the Secretary in the special circumstances of the case;\n\nthe Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.\n\n(2) If the Secretary pays an amount of a social security payment under subsection (1), the Commonwealth has no further liability to any person in respect of that amount.\n\n59  Payment of pension bonus or pension bonus bereavement payment after death\n\n(1) This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned.\n\n(1A) If:\n\n(a) a person claims a pension bonus; and\n\n(b) the person dies; and\n\n(c) at the time of the person’s death, the person had received the bonus; and\n\n(d) after the person’s death, the Secretary determines that the person’s bonus is to be increased under section 93K or 93L;\n\nthe increase is payable to the legal personal representative of the person.\n\n(2) If:\n\n(a) a person claims a pension bonus or a pension bonus bereavement payment; and\n\n(b) the person dies; and\n\n(c) at the time of the person’s death, the claim had been granted, but the person had not received the bonus or payment;\n\nthe bonus or payment is payable to the legal personal representative of the person.\n\n(3) If:\n\n(a) a person claims a pension bonus or a pension bonus bereavement payment; and\n\n(b) the person dies; and\n\n(c) at the time of the person’s death, the claim had not been determined;\n\nthen:\n\n(d) the Secretary must determine the claim after the person’s death as if the person had not died; and\n\n(e) if the claim is granted—the bonus or payment is payable to the legal personal representative of the person.\n\n(4) If:\n\n(a) under paragraph (3)(d), the Secretary is required to determine a claim for pension bonus after a person’s death; and\n\n(b) at the time of the person’s death, the person’s claim for age pension had not been determined;\n\nthen, for the purposes of the determination of the claim for pension bonus, the following provisions have effect:\n\n(c) the requirements of paragraph 92C(a) of the 1991 Act are taken to be satisfied if:\n\n(i) the person would have started to receive an age pension if he or she had not died; and\n\n(ii) that age pension would have been received otherwise than because of a scheduled international social security agreement;\n\n(d) Division 6 of Part 2.2A of the 1991 Act has effect as if:\n\n(i) a reference in that Division to a particular rate were a reference to the rate that would have been applicable to the person if the person had not died; and\n\n(ii) a reference in that Division to the date of grant of the age pension were a reference to the date on which the age pension would have been granted if the person had not died;\n\n(e) this Act has effect as if subsections 17(2) and 34(2) were omitted.\n\n(4A) If a pension bonus is payable to the legal personal representative of a person under subsection (2) or (3), any increase in that bonus determined by the Secretary under section 93K or 93L is also payable to that legal personal representative.\n\n(5) If a pension bonus or pension bonus bereavement payment is paid under subsection (2) or (3), the Commonwealth has no further liability to any person in respect of that bonus or payment.\n\nDivision 5—Protection of social security payments\n\n60  Protection of social security payment","sortOrder":1000013},{"sectionNumber":"full-source-retrieval-0015","sectionType":"document_chunk","heading":"Document excerpt 15","content":"(1) A social security payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.\n\n(2) This section has effect subject to:\n\n(a) sections 61 and 238 of this Act; and\n\n(aaa) Part 3AA of this Act; and\n\n(aa) Part 3B of this Act; and\n\n(b) sections 1231 and 1234A of the 1991 Act.\n\n61  Deduction at request of recipient—payments to Commissioner of Taxation\n\n(1) This section applies if a person asks the Secretary:\n\n(a) to make deductions from instalments of a social security payment payable to the person; and\n\n(b) to pay the amounts deducted to the Commissioner of Taxation.\n\n(2) The Secretary may make the deductions requested by the person, and if the Secretary does so, the Secretary must pay the amounts deducted to the Commissioner of Taxation.\n\n61A  Deduction at request of recipient—other payments\n\n(1) This section applies if a person asks the Secretary:\n\n(a) to make deductions from instalments of a social security payment payable to the person; and\n\n(b) to pay the amounts deducted to a business or organisation nominated by the person.\n\n(2) The Secretary may make the deductions requested by the person, and if the Secretary does so, the Secretary must pay the amounts deducted to the business or organisation nominated by the person.\n\n62  Effect of garnishee or attachment order\n\n(1) If:\n\n(a) a person has an account with a financial institution; and\n\n(b) either or both of the following subparagraphs apply:\n\n(i) instalments of a social security payment payable to the person (whether on the person’s own behalf or not) are being paid to the credit of the account;\n\n(ii) an advance payment of a social security payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account; and\n\n(c) a court order in the nature of a garnishee order comes into force in respect of the account;\n\nthe court order does not apply to the saved amount (if any) in the account.\n\n(2) The saved amount is worked out as follows:\n\nMethod statement\n\nStep 1. Work out the total amount payable to the person in respect of the social security payment that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.\n\nStep 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.\n\n(3) This section applies to an account whether it is maintained by a person:\n\n(a) alone; or\n\n(b) jointly with another person; or\n\n(c) in common with another person.\n\nDivision 6—Requirement to provide information, undergo medical examination etc.\n\nSubdivision A—General\n\n63  Requirement to attend Department etc.\n\nSecretary may require person to attend Department etc.\n\n(1) Subsection (2) applies to a person if:\n\n(a) the person is receiving, or has made a claim for, a social security payment; or\n\n(b) the person is the holder of, or has made a claim for, a concession card; or\n\n(c) the Department is contacted by or on behalf of the person in relation to a claim for:\n\n(i) if the person is not undertaking full‑time study and is not a new apprentice—youth allowance; or\n\n(ii) in any case—jobseeker payment;\n\nto be paid to the person.\n\n(2) If the Secretary is of the opinion that a person to whom this subsection applies should:\n\n(a) attend an office of the Department; or\n\n(b) contact the Department; or\n\n(c) attend a particular place for a particular purpose; or\n\n(d) give information to the Secretary;\n\nthe Secretary may notify the person that he or she is required, within a specified time, to do that act or thing. However, the Secretary may not, under this subsection, notify a person that he or she is required to do an act or thing referred to in paragraph (4)(a) or (b).\n\nSecretary may require person to provide proof of life certificate etc.\n\n(2AA) Subsections (2AB) and (2AC) apply to a person if:\n\n(a) the person has reached 80 years of age; and\n\n(b) the person is receiving any of the following social security payments:\n\n(i) age pension;\n\n(ii) carer payment;\n\n(iii) disability support pension; and\n\n(c) the person was continuously absent from Australia throughout the previous 2 years.\n\n(2AB) The Secretary may notify a person to whom this subsection applies that:\n\n(a) the person is required, within the 13‑week period beginning when the notice is given, to give the Secretary a proof of life certificate that:\n\n(i) relates to the person; and\n\n(ii) was completed within that 13‑week period; and\n\n(b) the requirement does not apply if the person enters Australia within that 13‑week period.\n\n(2AC) If this subsection applies to a person, the Secretary must notify the person under subsection (2AB) at least once every 2 years.\n\nSecretary may require person to undergo medical examination etc.\n\n(3) Subsection (4) applies to a person if:\n\n(a) the person is receiving, or has claimed, any of the following social security payments:\n\n(i) disability support pension;\n\n(ii) parenting payment;\n\n(iii) youth allowance;\n\n(iv) jobseeker payment;\n\n(vi) special benefit;\n\n(vii) mobility allowance; or\n\n(b) the Department is contacted by or on behalf of the person in relation to a claim for youth allowance or jobseeker payment to be paid to the person.\n\n(4) If the Secretary is of the opinion that a person to whom this subsection applies should:\n\n(a) complete a questionnaire; or\n\n(b) undergo a medical, psychiatric or psychological examination (whether or not at a particular place), and provide to the Secretary the report, in the approved form, of the person who conducts the examination;\n\nthe Secretary may notify the person that he or she is required, within a specified time, to do that act or thing.\n\nMethod for giving notice\n\n(5) The Secretary may notify a person under subsection (2), (2AB) or (4):\n\n(a) by sending the notice by prepaid post addressed to the person at his or her postal address last known to the Secretary; or\n\n(b) in any other way the Secretary considers appropriate.\n\nValidity of notice not affected in certain circumstances\n\n(6) A failure to specify the particular purpose in a notice given to a person for the purposes of paragraph (2)(c) does not affect the validity of the notice.\n\nConsequence of not informing person of effect of failure to comply with requirement in notice\n\n(7) If a person is notified under subsection (2), (2AB) or (4) and the notice does not inform the person of the effect of section 64, subsection 64(1) or (5) (as the case requires) does not apply to the person in relation to the requirement in the notice.\n\n63A  Proof of life certificate\n\n(1) For the purposes of this Act, a proof of life certificate that relates to a person is a certificate that:\n\n(a) is expressed to relate to the person; and\n\n(b) complies with the requirements of subsections (2), (3), (4), (5) and (6); and\n\n(c) is in a form approved by the Secretary; and\n\n(d) contains such other information (if any) as required by the approved form.\n\n(2) A proof of life certificate that relates to a person must include a statement to the effect that the person is alive.\n\n(3) The statement mentioned in subsection (2) must be:\n\n(a) signed and dated by the person; or\n\n(b) if:\n\n(i) the approved form allows another person to sign the statement on behalf of the person if one or more specified requirements are met; and\n\n(ii) those requirements are met;\n\nsigned and dated by the other person.\n\n(4) A proof of life certificate that relates to a person must include a statement by an authorised certifier to the effect that:\n\n(a) the authorised certifier has sighted the person while in the physical presence of the person; and\n\n(b) the authorised certifier has verified the identity of the person using the method, or one of the methods, set out in the approved form; and\n\n(c) the authorised certifier is satisfied that the person is alive.\n\n(5) The statement mentioned in subsection (4) must be signed and dated by the authorised certifier.\n\n(6) Both:\n\n(a) the statement mentioned in subsection (2); and\n\n(b) the statement mentioned in subsection (4);\n\nmust be signed and dated within a 7‑day period.\n\nCompliance with form\n\n(7) Section 25C of the Acts Interpretation Act 1901 does not apply to a proof of life certificate.\n\nAuthorised certifier\n\n(8) For the purposes of this section, an authorised certifier is a person included in a class of persons specified in a determination under subsection (9).\n\n(9) The Secretary may, by legislative instrument, determine one or more classes of persons for the purposes of subsection (8).\n\n(10) To avoid doubt, it is immaterial whether any or all of the persons included in such a class are in or outside Australia.\n\n64  Effect of failing to comply with requirement to attend Department etc.\n\nPerson receiving, or claiming, social security payment\n\n(1) If:\n\n(a) a person is receiving, or has made a claim for, a social security payment; and\n\n(b) the Secretary notifies the person under subsection 63(2), (2AB) or (4); and\n\n(c) the requirement in the notice is reasonable; and\n\n(d) the person does not comply with the requirement; and\n\n(e) except if the person is receiving, or has made a claim for, a participation payment—the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and\n\n(f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;\n\nthe payment that the person is receiving or has claimed is not payable.\n\n(1A) Subsection (1) does not apply if:\n\n(a) the person is receiving a participation payment; and\n\n(b) the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); and\n\n(c) the Secretary makes a determination under section 42AF or subsection 42SA(1) in relation to the person and the failure.\n\n(2) Subsection (1) does not apply if:\n\n(a) the person is receiving, or has made a claim for, youth allowance; and\n\n(b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute a youth allowance participation failure.\n\nNote: If a recipient of, or claimant for, youth allowance does not comply with a requirement notified under subsection 63(2) or (4), this may result in the payment not being payable to the person: see sections 550B and 551 of the 1991 Act.\n\n(3) Subsection (1) does not apply if:\n\n(a) the person is receiving, or has made a claim for, an austudy payment; and\n\n(b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute an austudy participation failure.\n\nNote: If a recipient of, or claimant for, an austudy payment does not comply with a requirement notified under subsection 63(2), this may result in the payment not being payable to the person: see sections 576A and 577 of the 1991 Act.\n\n(4) If:\n\n(a) a social security payment is not payable to a person because of subsection (1); and\n\n(b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2), (2AB) or (4);\n\nthe Secretary may determine that, on and after a day specified by the Secretary, subsection (1) ceases to apply to the person in relation to that requirement.\n\nPerson holding, or claiming, concession card\n\n(5) If:\n\n(a) a person is the holder of, or has made a claim for, a concession card; and\n\n(b) the Secretary notifies the person under subsection 63(2); and\n\n(c) the requirement in the notice is reasonable; and\n\n(d) the person does not comply with the requirement; and\n\n(e) the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and\n\n(f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;\n\nthe person ceases to be, or is not, qualified for the concession card.\n\n(6) If:\n\n(a) a person has ceased to be, or is not, qualified for a concession card because of subsection (5); and\n\n(b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2);\n\nthe Secretary may determine that, on and after a day specified by the Secretary, subsection (5) ceases to apply to the person in relation to that requirement.\n\n66  Notice to obtain foreign payment\n\n(1) This section applies to the following social security payments:\n\n(a) age pension;\n\n(c) carer payment:\n\n(d) disability support pension;\n\n(e) parenting payment;\n\n(f) special needs age pension;\n\n(g) special needs disability support pension;\n\n(i) special needs wife pension;\n\n(m) farm household allowance in relation to a person who has reached pension age.\n\n(2) If:\n\n(a) a person claims, or is receiving, a social security payment to which this section applies; and\n\n(b) the Secretary is satisfied that the person may be entitled to a comparable foreign payment from a foreign country if the person applied for the payment;\n\nthe Secretary may give the person a notice that requires the person to take reasonable action to obtain the payment at the highest rate applicable to the person.\n\n(3) If:\n\n(a) a person claims, or is receiving, a social security payment to which this section applies; and\n\n(b) the Secretary is satisfied that the person’s partner may be entitled to a comparable foreign payment from a foreign country if the partner applied for the payment;\n\nthe Secretary may give the person a notice that requires the partner to take reasonable action to obtain the payment at the highest rate applicable to the partner.\n\n(4) A notice under subsection (2) or (3):\n\n(a) must be given in writing; and\n\n(b) may be given personally or by post or in any manner approved by the Secretary; and\n\n(c) must specify the period within which the reasonable action is to be taken.\n\n(5) The period specified under paragraph (4)(c) must not end earlier than 14 days after the day on which the notice is given.\n\nSubdivision B—Requirement to give information about change of circumstances etc.\n\n66A  General requirement to inform of a change of circumstances etc.\n\nPerson who has made a claim\n\n(1) If:\n\n(a) a person has made a claim for:\n\n(i) a social security payment; or\n\n(ii) a concession card; and\n\n(b) the claim has been granted or has not been determined; and\n\n(c) an event or change of circumstances occurs that might affect the payment of that social security payment or the person’s qualification for the concession card;\n\nthe person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.\n\nPerson receiving a social security payment or holding a concession card\n\n(2) If:\n\n(a) either:\n\n(i) a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid to a person; or\n\n(ii) a person holds a concession card; and\n\n(b) an event or change of circumstances occurs that might affect the payment of that social security payment or the person’s qualification for the concession card;\n\nthe person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.\n\nPerson who has received a social security payment or held a concession card\n\n(3) If:\n\n(a) either:\n\n(i) a person is not receiving a social security payment but a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) has at any time been paid to the person; or\n\n(ii) a person does not hold a concession card but has at any time held such a card; and\n\n(b) an event or change of circumstances occurs that might have affected the payment of that social security payment or the person’s qualification for the concession card;\n\nthe person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.\n\nInteraction with notices under this Subdivision\n\n(4) If:\n\n(a) a person is subject to a requirement under subsection (1), (2) or (3) in relation to an event or change of circumstances; and\n\n(b) the person is given, or purportedly given, a notice under this Subdivision in relation to the same event or change of circumstances; and\n\n(c) the person complies with the notice to the extent that it relates to that event or change;\n\nthe person is taken to have also complied with that requirement within the period referred to in that subsection.\n\n(5) Subsection (4) does not apply if the notice is given after the end of the period referred to in subsection (1), (2) or (3).\n\n(6) This section does not limit the power of the Secretary to give a person a notice under this Subdivision.\n\n67  Person who has made a claim\n\n(1) Subsection (2) applies to a person if:\n\n(a) the person has made a claim for a social security payment; and\n\n(b) either:\n\n(i) the claim has been granted; or\n\n(ii) the claim has not been determined.\n\n(2) The Secretary may give a person to whom this subsection applies a notice in writing that requires the person to do any or all of the following:\n\n(a) inform the Department if:\n\n(i) a specified event or change of circumstances occurs; or\n\n(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;\n\n(b) give the Department a statement about a matter that might affect the payment to the person of the social security payment;\n\n(c) give the Department a statement about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n(3) Subsection (4) applies to a person if:\n\n(a) the person has made a claim for a concession card; and\n\n(b) either:\n\n(i) the claim has been granted; or\n\n(ii) the claim has not been determined.","sortOrder":1000014},{"sectionNumber":"full-source-retrieval-0016","sectionType":"document_chunk","heading":"Document excerpt 16","content":"(4) The Secretary may give a person to whom this subsection applies a notice in writing that requires the person to do either or both of the following:\n\n(a) inform the Department if:\n\n(i) a specified event or change of circumstances occurs; or\n\n(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;\n\n(b) give the Department a statement about a matter that might affect the person’s qualification for the concession card.\n\n(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might:\n\n(a) affect the payment of the social security payment or the person’s qualification for the concession card, as the case requires; or\n\n(b) affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n68  Person receiving social security payment or holding concession card\n\n(1) Subsection (2) applies to a person to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid.\n\n(2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do any or all of the following:\n\n(a) inform the Department if:\n\n(i) a specified event or change of circumstances occurs; or\n\n(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;\n\n(b) give the Department one or more statements about a matter that might affect the payment to the person of the social security payment;\n\n(c) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n(3) Subsection (4) applies to a person who is the holder of a concession card.\n\n(4) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:\n\n(a) inform the Department if:\n\n(i) a specified event or change of circumstances occurs; or\n\n(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;\n\n(b) give the Department a statement about a matter that might affect the person’s qualification for the concession card.\n\n(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might:\n\n(a) affect the payment of the social security payment or the person’s qualification for the concession card, as the case requires; or\n\n(b) affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n69  Person who has received a social security payment or who has held a concession card\n\n(1) Subsection (2) applies to a person who is not receiving a social security payment but to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) has at any time been paid.\n\n(2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:\n\n(a) inform the Department whether a specified event or change of circumstances has occurred;\n\n(b) give the Department a statement about a matter that might have affected the payment to the person of the social security payment.\n\n(3) Subsection (4) applies to a person who is not the holder of a concession card but has at any time held such a card.\n\n(4) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following:\n\n(a) inform the Department whether a specified event or change of circumstances has occurred;\n\n(b) give the Department a statement about a matter that might have affected the person’s qualification for the concession card.\n\n(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might have affected the payment of the social security payment or the person’s qualification for the concession card, as the case requires.\n\n(6) A person is not required to comply with a notice under this section if the notice requires the person to give information or a statement about an event or change of circumstances that occurred, or a matter that arose, more than 13 weeks before the giving of the notice.\n\n70  Care receiver in respect of whom carer payment being made\n\n(1) If a person is being paid a carer payment because he or she is providing constant care (or, if section 197F of the 1991 Act applies to the person, care) for a care receiver (other than one to whom subsection 198(7) of the 1991 Act applies) or care receivers, the Secretary may give a notice to:\n\n(a) any care receiver who is 16 or more; or\n\n(b) a parent of any care receiver who is under 16;\n\nthat requires the care receiver or parent, as the case may be, to inform the Department if:\n\n(c) a specified event or change of circumstances occurs; or\n\n(d) he or she becomes aware that a specified event or change of circumstances is likely to occur.\n\n(2) The notice may describe the event or change of circumstances specified in the notice as a notifiable event for the purposes of section 198C of the 1991 Act.\n\n70AA  Person who is subject to the enhanced income management regime etc.\n\nScope\n\n(1) This section applies to a person if:\n\n(a) the person is subject to the enhanced income management regime (within the meaning of Part 3AA); or\n\n(b) the Secretary is satisfied that it is likely that the person will become subject to the enhanced income management regime (within the meaning of Part 3AA).\n\nRequirement\n\n(2) The Secretary may give the person a notice that requires the person to do either or both of the following:\n\n(a) inform the Department if:\n\n(i) a specified event or change of circumstances occurs; or\n\n(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;\n\n(b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3AA in relation to the person.\n\n(3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might affect the operation, or prospective operation, of Part 3AA in relation to the person.\n\n70A  Person who is subject to the income management regime etc.\n\nScope\n\n(1) This section applies to a person if:\n\n(a) the person is subject to the income management regime (within the meaning of Part 3B); or\n\n(b) the Secretary is satisfied that it is likely that the person will become subject to the income management regime (within the meaning of Part 3B).\n\nRequirement\n\n(2) The Secretary may give the person a notice that requires the person to do either or both of the following:\n\n(a) inform the Department if:\n\n(i) a specified event or change of circumstances occurs; or\n\n(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;\n\n(b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n(3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might affect the operation, or prospective operation, of Part 3B in relation to the person.\n\n72  Provisions relating to notice\n\n(1) A notice under this Subdivision:\n\n(a) must be given in writing; and\n\n(b) may be given personally or by post or in any other manner approved by the Secretary; and\n\n(c) must specify how the person is to give the information or statement to the Department; and\n\n(d) must specify:\n\n(i) in the case of a notice under section 68 that requires the giving of more than one statement, each relating to the payment of the social security payment in respect of a period—the date by which the person is to give each statement to the Department; or\n\n(ii) in any other case—the period within which the person is to give the information or statement to the Department; and\n\n(e) must specify that the notice is an information notice given under the social security law.\n\n(2) A notice under this Subdivision is not invalid merely because it fails to comply with paragraph (1)(c) or (e).\n\n(2A) A date specified for the purposes of subparagraph (1)(d)(i) must be no earlier than 7 days after:\n\n(i) the day on which the notice under section 68 is given; or\n\n(ii) the day on which the period specified in the notice in relation to that first mentioned date begins;\n\nwhichever is the later.\n\n(3) Subject to subsections (4), (6) and (7), the period specified for the purpose of subparagraph (1)(d)(ii) must:\n\n(a) in the case of a notice under section 67, 68 or 69 that requires the giving of information about an event or change of circumstances consisting of the receipt by the person of a compensation payment—be the period of 7 days after the day on which the person becomes aware that he or she has received, or is to receive, a compensation payment; or\n\n(b) in the case of a notice under section 67, 68 or 69 that requires the giving of any other information, or a notice under section 70—be the period of 14 days after:\n\n(i) the day on which the event or change of circumstances occurs; or\n\n(ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur;\n\nas the case may be; or\n\n(c) in the case of a notice under section 67 or 68 that requires the giving of a statement that relates to the payment of the social security payment in respect of a period specified in the notice—end not earlier than 7 days after the day on which the notice is given; or\n\n(d) in the case of a notice under section 67, 68 or 69 that requires the giving of a statement, not being a notice to which paragraph (c) applies—end not earlier than 14 days after the day on which the notice is given; or\n\n(da) in the case of a notice under section 70AA that requires the giving of information mentioned in paragraph 70AA(2)(a)—be the period of 14 days after:\n\n(i) the day on which the event or change of circumstances occurs; or\n\n(ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur;\n\nas the case may be; or\n\n(db) in the case of a notice under section 70AA that requires the giving of a statement mentioned in paragraph 70AA(2)(b)—end not earlier than 14 days after the day on which the notice is given; or\n\n(e) in the case of a notice under section 70A that requires the giving of information mentioned in paragraph 70A(2)(a)—be the period of 14 days after:\n\n(i) the day on which the event or change of circumstances occurs; or\n\n(ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur;\n\nas the case may be; or\n\n(f) in the case of a notice under section 70A that requires the giving of a statement mentioned in paragraph 70A(2)(b)—end not earlier than 14 days after the day on which the notice is given.\n\n(4) If the Secretary is satisfied that there are special circumstances related to a person who is to be given a notice under this Subdivision that requires the giving of information about an event or change of circumstances, the period to be specified for the purpose of subparagraph (1)(d)(ii) is such period as the Secretary directs in writing, being a period that ends not less than 15 days, and not more than 28 days, after:\n\n(a) in the case of a notice under section 67, 68, 70AA or 70A:\n\n(i) the day on which the event or change of circumstances occurs; or\n\n(ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur; or\n\n(b) in the case of a notice under section 69—the day on which the notice is given.\n\n(6) If a notice under section 67, 68, 70AA or 70A specifies an event consisting of the death of a person, the period to be specified under subparagraph (1)(d)(ii) is a period of 28 days after the day on which the event occurs.\n\n(7) To the extent that a notice under section 67, 68, 70AA or 70A requires a person to inform the Department of any proposal by the person to leave Australia, subsection (3) does not apply to the notice.\n\n(8) For the purposes of any provision of this Act, other than section 74 or a provision of Part 6, a person is taken to have failed to comply with a notice under this Subdivision if, in response to the notice:\n\n(a) the person gives information or a statement; and\n\n(b) the information or statement is false or misleading; and\n\n(c) the person is reckless as to whether the information or statement is false or misleading.\n\n(9) Nothing in this section prevents the giving of more than one notice under this Subdivision to the same person in relation to:\n\n(a) a claim by the person for the same social security payment or concession card; or\n\n(b) the receipt by the person of the same social security payment; or\n\n(c) the holding by the person of the same concession card.\n\n73  Application of provisions\n\nSections 66A to 72 extend to:\n\n(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and\n\n(b) all persons irrespective of their nationality or citizenship.\n\n74  Offence—failure to comply with notice\n\n(1) A person must not refuse or fail to comply with a notice under section 67, 68, 69, 70, 70AA or 70A.\n\nPenalty: Imprisonment for 6 months.\n\n(2) Subsection (1) applies only to the extent to which the person is capable of complying with the notice.\n\n(3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n(4) Subsection (1) is an offence of strict liability.\n\nSubdivision C—Provision of tax file numbers\n\n75  Requesting tax file numbers\n\nPersons who may be requested to provide tax file numbers\n\n(1) The Secretary may make a request under subsection (2), (3) or (4) of a person (the request recipient) in Australia who:\n\n(a) is making, or has made, a claim for a social security payment; or\n\n(b) is receiving a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act); or\n\n(c) is making, or has made, a claim for a seniors health card, or a health care card that is income‑tested for the request recipient; or\n\n(d) is the holder of a seniors health card, or a health care card that is income‑tested for the request recipient.\n\nRequesting tax file number of request recipient\n\n(2) The Secretary may request, but not compel, the request recipient:\n\n(a) if the request recipient has a tax file number—to give the Secretary a written statement of the request recipient’s tax file number; or\n\n(b) if the request recipient does not have a tax file number:\n\n(i) to apply to the Commissioner of Taxation for a tax file number; and\n\n(ii) to give the Secretary a written statement of the request recipient’s tax file number after the Commissioner of Taxation has issued it.\n\nRequesting tax file number of request recipient’s partner\n\n(3) The Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of the request recipient’s partner if:\n\n(a) the request recipient is a member of a couple; and\n\n(b) the request recipient’s partner is in Australia.\n\nRequesting tax file number of other person whose income is relevant to request recipient’s rate of payment\n\n(4) If:\n\n(a) the request recipient:\n\n(i) is making, or has made, a claim for a social security payment; or\n\n(ii) is receiving a social security payment; and\n\n(b) the income of one or more other persons who are in Australia is required to be taken into account for the purpose of working out the rate of the social security payment;\n\nthe Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of any one or more of those other persons.\n\n76  How request for tax file number is satisfied\n\nSatisfying request for tax file number\n\n(1) If the Secretary requests a person (the request recipient) under section 75 to give the Secretary a written statement of the tax file number of a person (the relevant person), the request recipient satisfies the request by giving the Secretary, within the period mentioned in subsection (2) of this section (if applicable):\n\n(a) the written statement of the relevant person’s tax file number; or\n\n(b) both of the following:\n\n(i) a declaration that meets the requirements of subsection (3) and contains the statement required by subsection (4);\n\n(ii) a document in which the relevant person authorises the Commissioner of Taxation to tell the Secretary the matters mentioned in subsection (5).\n\nNote: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).\n\nPeriod within which request must be satisfied\n\n(2) Unless the request recipient was making a claim described in paragraph 75(1)(a) or (c) when the request under section 75 was made, the material mentioned in paragraph (1)(a) or (b) of this section must be given within 28 days after the making of the request.\n\nRequirements for declarations\n\n(3) A declaration mentioned in paragraph (1)(b) must be:\n\n(a) for a request under subsection 75(2)—a TFN declaration; or\n\n(b) for a request under subsection 75(3) or (4)—in accordance with a form approved by the Secretary.\n\n(4) A declaration mentioned in paragraph (1)(b) must contain:\n\n(a) a statement that the relevant person:\n\n(i) has a tax file number but does not know what it is; and\n\n(ii) has asked the Commissioner of Taxation to inform the relevant person of his or her tax file number; or\n\n(b) a statement that an application by the relevant person for a tax file number is pending.\n\nRequirements for authorisation documents\n\n(5) For the purposes of subparagraph (1)(b)(ii), the matters are as follows:","sortOrder":1000015},{"sectionNumber":"full-source-retrieval-0017","sectionType":"document_chunk","heading":"Document excerpt 17","content":"(a) in a case where the declaration contains a statement mentioned in paragraph (4)(a):\n\n(i) whether the relevant person has a tax file number; and\n\n(ii) if the relevant person has a tax file number—that number; and\n\n(b) in a case where the declaration contains a statement mentioned in paragraph (4)(b):\n\n(i) if a tax file number is issued to the relevant person—that number; or\n\n(ii) if the application for a tax file number is refused or is withdrawn—that fact.\n\n77  Consequences of not giving tax file number\n\nConsequences of not satisfying request for tax file number\n\n(1) If the Secretary makes a request of a person under section 75, the consequences set out in the following table apply unless the person satisfies the request in accordance with section 76.\n\nNote: The Secretary may exempt a person from the operation of this subsection (see subsection (4)).\n\n- Consequences of not satisfying request for tax file number\n- Item If the request under section 75 was given to … the consequence is …\n- 1 a person who was making a claim for a social security payment the social security payment is not payable\n- 2 a person who was making a claim for a seniors health card, or a health care card that is income‑tested for the person the Secretary must not determine the claim\n- 3 a person who had made a claim for, or was receiving, a social security payment at the end of 28 days after the Secretary made the request, the social security payment ceases to be payable to the person\n- 4 a person who had made a claim for, or was the holder of, a seniors health card, or a health care card that is income‑tested for the person at the end of 28 days after the Secretary made the request, the Secretary must determine that the card is to be cancelled\n\nConsequences of relevant person not having tax file number after giving declaration\n\n(2) The consequences set out in subsection (3) apply if:\n\n(a) the Secretary makes a request under section 75 of a person (the request recipient); and\n\n(b) the request recipient satisfies the request by giving:\n\n(i) a declaration mentioned in subparagraph 76(1)(b)(i) that contains a statement as required by subsection 76(4); and\n\n(ii) a document in which the Commissioner of Taxation is authorised to tell the Secretary certain matters mentioned in subsection 76(5); and\n\n(c) the Commissioner of Taxation tells the Secretary that the relevant person mentioned in paragraph 76(4)(a) (if applicable) does not have a tax file number or that any of the following apply in relation to the relevant person mentioned in paragraph 76(4)(b) (if applicable):\n\n(i) the relevant person has not applied for a tax file number;\n\n(ii) an application by the relevant person for a tax file number has been refused;\n\n(iii) the relevant person has withdrawn an application for a tax file number.\n\nNote 1: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).\n\nNote 2: The Secretary may exempt a person from the operation of this subsection and subsection (3) (see subsection (4)).\n\n(3) The consequences are that:\n\n(a) if the request recipient is receiving a social security payment—the social security payment ceases to be payable to the recipient; and\n\n(b) if the request recipient is the holder of a seniors health card, or a health care card that is income‑tested for the request recipient—the Secretary must determine that the card is to be cancelled.\n\nExemptions\n\n(4) The Secretary may exempt a person who has been given a request under section 75 from the operation of either or both the following:\n\n(a) subsection (1) of this section;\n\n(b) subsections (2) and (3) of this section.\n\n(5) Without limiting subsection (4), if the Secretary requests the request recipient under section 75 to give a written statement of another person’s tax file number, the Secretary may exempt the request recipient under subsection (4) if the Secretary is satisfied that:\n\n(a) the request recipient does not know the other person’s tax file number; and\n\n(b) the request recipient cannot satisfy the request in accordance with section 76.\n\nDivision 7—Various determinations\n\nSubdivision A—Provisions relating to social security payments\n\n78A  When this Subdivision does not apply\n\nThis Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.\n\n78  Rate increase determination\n\nIf the Secretary is satisfied that the rate at which a social security payment is being, or has been, paid is less than the rate provided for by the social security law, the Secretary must:\n\n(a) determine that the rate is to be increased to the rate provided for by the social security law; and\n\n(b) specify the last‑mentioned rate in the determination.\n\n79  Rate reduction determination\n\n(1) If the Secretary is satisfied that the rate at which a social security payment is being, or has been, paid is more than the rate provided for by the social security law, the Secretary is to:\n\n(a) determine that the rate is to be reduced to the rate provided for by the social security law; and\n\n(b) specify the last‑mentioned rate in the determination.\n\n(2) Subsection (1) does not authorise the Secretary to make a determination if:\n\n(a) the rate at which a social security payment is payable to a person is reduced by the operation of another provision of the social security law; and\n\n(b) the determination would take effect at or after the time at which the reduction referred to in paragraph (a) would take effect.\n\n80  Cancellation or suspension determination\n\n(1) If the Secretary is satisfied that a social security payment is being, or has been, paid to a person:\n\n(a) who is not, or was not, qualified for the payment; or\n\n(b) to whom the payment is not, or was not, payable (other than because of the operation of Division 3AA);\n\nthe Secretary is to determine that the payment is to be cancelled or suspended.\n\nNote: Division 3AA is about compliance with participation payment obligations for persons who are not declared program participants.\n\n(2) Subsection (1) does not authorise the Secretary to make a determination if:\n\n(a) the payment of a social security payment to a person has been cancelled or suspended by the operation of another provision of the social security law; and\n\n(b) the determination would take effect at or after the time at which the cancellation or suspension referred to in paragraph (a) would take effect.\n\n(3) However, subsection (1) authorises the Secretary to make a determination that:\n\n(a) cancels a social security payment that has been suspended under subsection 81(3); and\n\n(b) takes effect at or after the time the suspension took effect.\n\n(3A) Subsection (1) does not authorise the Secretary to make a determination that cancels the payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit to a declared program participant if:\n\n(a) paragraph (1)(a) does not apply to the declared program participant; and\n\n(b) paragraph (1)(b) applies only because of the application of a compliance penalty period.\n\n(4) A reference in this section to a social security payment being, or having been, paid includes a reference to:\n\n(a) if the social security payment is a youth allowance—the youth allowance being payable but for the operation of section 547AA; or\n\n(b) if the social security payment is a jobseeker payment—the jobseeker payment being payable but for the operation of section 615.\n\n81  Cancellation or suspension for non‑compliance with certain notices\n\n(1) If:\n\n(a) a person who is receiving a social security payment (other than a jobseeker payment) has been given:\n\n(i) a notice under section 67 or 68 that requires the person to give the Department a statement; or\n\n(ii) a notice embodying a requirement under Division 1 of Part 5; and\n\n(b) the person does not comply with the requirement of the notice;\n\nthe Secretary may determine that the social security payment is to be cancelled or suspended.\n\n(2) If:\n\n(a) a person and his or her partner (the partner) are each receiving a social security payment; and\n\n(b) the partner has been given:\n\n(i) a notice under section 67 or 68 that requires the partner to give the Department a statement; or\n\n(ii) a notice embodying a requirement under Division 1 of Part 5; and\n\n(c) the notice relates to matters that might also affect the payment of the person’s social security payment; and\n\n(d) the partner does not comply with the requirement of the notice;\n\nthe Secretary may determine that the person’s payment is to be cancelled or suspended.\n\n(3) If:\n\n(a) a person who is receiving a social security payment has been given a notice under section 67 or 68 that requires the person to inform the Department of a proposal by the person to leave Australia; and\n\n(b) the person does not comply with the requirement; and\n\n(c) the person leaves Australia; and\n\n(d) the person’s portability period (see section 1217 of the 1991 Act) for the payment has not ended;\n\nthe Secretary may determine that the payment is to be cancelled or suspended.\n\nNote: Subsection (3) lets the Secretary make one determination suspending the payment and later make another determination cancelling the payment. See subsection 33(1) of the Acts Interpretation Act 1901.\n\n81A  Rate reduction determination for non‑compliance with notice relating to rent assistance\n\n(1) Without limiting section 81, if:\n\n(a) an amount of rent assistance is being added to a person’s maximum basic rate of social security payment; and\n\n(b) the person has been given:\n\n(i) a notice under section 67 or 68 that requires the person to give the Department a statement; or\n\n(ii) a notice embodying a requirement under Division 1 of Part 5; and\n\n(c) any statement, information or document required by the notice relates to:\n\n(i) whether the person qualifies for rent assistance; or\n\n(ii) the amount of the person’s rent assistance; and\n\n(d) the person does not comply with the requirement of the notice;\n\nthe Secretary may determine that the person’s rate of social security payment is to be reduced by not adding the amount of rent assistance to the person’s maximum basic rate.\n\n(2) The determination must also specify the new rate of social security payment.\n\n(3) Subsection (1) does not authorise the Secretary to make a determination if:\n\n(a) another provision of the social security law provides that the rate at which the social security payment is payable to the person is to be reduced by not adding the amount of rent assistance to the person’s maximum basic rate; and\n\n(b) the determination would take effect at or after the time at which the reduction referred to in paragraph (a) would take effect.\n\n82  Cancellation or suspension for failure to take action to obtain foreign payment\n\n(1) If:\n\n(a) a person who is receiving a social security payment has been given a notice under subsection 66(2); and\n\n(b) the Secretary is satisfied that the person has not complied with the requirement of the notice;\n\nthe Secretary may determine that the social security payment is to be cancelled or suspended.\n\n(2) If:\n\n(a) a person who is receiving a social security payment has been given a notice under subsection 66(3); and\n\n(b) the Secretary is satisfied that the person’s partner has not complied with the requirement of the notice;\n\nthe Secretary may determine that the social security payment is to be cancelled or suspended.\n\n83  Changes to payments by computer\n\n(1) If:\n\n(a) payment of a social security payment is based upon data in a computer; and\n\n(b) the rate of the payment is increased or reduced, or the payment is cancelled or suspended, because of the operation of a computer program used under the control of the Secretary; and\n\n(c) the program causes the change for a reason for which the Secretary could make the change by determination;\n\nthe change is taken to have been made by the Secretary by determination for that reason.\n\n(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the computer program caused the change to be made.\n\n84  Automatic transfer by computer\n\n(1) If:\n\n(a) payment of a social security payment to a person is based upon data in a computer; and\n\n(b) because of the operation of a computer program used under the control of the Secretary, a social security payment of a different kind becomes payable to the person;\n\nthe Secretary is taken to have made a determination:\n\n(c) that the payment referred to in paragraph (b) is to be payable to the person; and\n\n(d) that the payment referred to in paragraph (a) is to cease to be payable to the person immediately before the day on which the payment referred to in paragraph (b) is to become payable to the person.\n\n(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the payment referred to in paragraph (1)(b) became payable because of the operation of the computer program.\n\n85  Resumption of payment after cancellation or suspension—general\n\n(1) If:\n\n(a) a person’s social security payment is:\n\n(i) cancelled by force of section 93 or 94 or subsection 95C(2); or\n\n(ii) cancelled or suspended under section 80, 81 or 82; or\n\n(iia) suspended under subsection 95C(1); or\n\n(iii) cancelled under Part 3C (schooling requirements); and\n\nNote: For reconsideration of the suspension of a schooling requirement payment, see sections 124J, 124N and 124NG.\n\n(b) the Secretary reconsiders the decision; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision:\n\n(i) the person did not receive a social security payment that was payable to the person; or\n\n(ii) the person is not receiving a social security payment that is payable to the person;\n\nthe Secretary is to determine that the social security payment was or is payable to the person, as the case requires.\n\n(2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n85AA  Resumption of payment after cancellation or suspension—provision of proof of life certificate\n\nResumption of payment after suspension\n\n(1) If:\n\n(a) a person’s social security payment is suspended under section 80; and\n\n(b) the suspension is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and\n\n(c) either:\n\n(i) a proof of life certificate relating to the person is given to the Secretary; or\n\n(ii) the person enters Australia; and\n\n(d) if subparagraph (c)(i) applies—the proof of life certificate was completed during the 26‑week period ending when the certificate was given to the Secretary;\n\nthe Secretary must:\n\n(e) under section 126, review the suspension of the person’s social security payment; and\n\n(f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been suspended.\n\nResumption of payment after cancellation\n\n(2) If:\n\n(a) a person’s social security payment is cancelled under section 80; and\n\n(b) the cancellation is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and\n\n(c) a proof of life certificate relating to the person is given to the Secretary; and\n\n(d) the proof of life certificate was completed during the 12‑month period ending when the certificate was given to the Secretary;\n\nthe Secretary may:\n\n(e) under section 126, review the cancellation of the person’s social security payment; and\n\n(f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been cancelled.\n\n85A  Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance\n\n(1) If:\n\n(a) the Secretary reduces a person’s rate of social security payment under section 81A by not adding an amount of rent assistance to the person’s maximum basic rate; and\n\n(b) the Secretary reconsiders the decision; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision, the rate at which social security payment is being, or has been, paid is less than the rate provided for by the social security law;\n\nthe Secretary must determine that the rate is to be increased to the rate provided for by the social security law.\n\n(2) The determination must also specify the new rate of social security payment.\n\n(3) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\nSubdivision B—Provisions relating to concession cards\n\n86  Cancellation—person not qualified\n\n(1) If the Secretary is satisfied that a person to whom a concession card has been granted is not qualified for the card, the Secretary is to determine that the card is to be cancelled.\n\nNote: In some cases, the Secretary must cancel a seniors health card or an income‑tested health care card if the Secretary makes a request under subsection 75(2) or (3) of the holder (about providing tax file numbers): see subsections 77(1) and (3).\n\n(2) Subsection (1) does not authorise the Secretary to make a determination if:\n\n(a) the card has been cancelled by the operation of another provision of the social security law; and\n\n(b) the determination would take effect at or after the time at which the cancellation referred to in paragraph (a) would take effect.\n\n87  Cancellation—non‑compliance with certain notices\n\nIf:\n\n(a) a person who is the holder of a concession card has been given:\n\n(i) a notice under section 68 that requires the person to give the Department a statement; or\n\n(ii) a notice embodying a requirement under Division 1 of Part 5; and","sortOrder":1000016},{"sectionNumber":"full-source-retrieval-0018","sectionType":"document_chunk","heading":"Document excerpt 18","content":"(b) the person does not comply with the requirement of the notice;\n\nthe Secretary may determine that the person is to cease to be qualified for the card.\n\n88  Changes to qualification by computer\n\nIf:\n\n(a) a person is qualified for a concession card; and\n\n(b) the person ceases to be qualified for the card because of the operation of a computer program used under the control of the Secretary; and\n\n(c) the program causes the change for a reason for which the Secretary could make the change by determination under section 87;\n\nthe change is taken to have been made by the Secretary by a determination under section 87 made for that reason.\n\n89  Resumption of qualification\n\n(1) If:\n\n(a) the Secretary makes a determination under section 87 that a person is to cease to be qualified for a concession card; and\n\n(b) the Secretary reconsiders the decision; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision, the person was deprived of the concession card when he or she was qualified for the card;\n\nthe Secretary is to determine that the person is qualified for the card.\n\n(2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration without any such application having been made.\n\nDivision 8—Automatic cancellations and variations\n\nSubdivision A—Social security payments\n\n90A  When this Subdivision does not apply\n\nThis Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.\n\n90  Automatic cancellation—transfer to new payment type\n\n(1) If:\n\n(a) a person is receiving a social security pension or benefit (the old payment); and\n\n(b) either:\n\n(i) a different kind of social security pension or benefit (the new pension or benefit) becomes payable to the person; or\n\n(ii) a service pension, income support supplement or a veteran payment becomes payable to the person;\n\nthe old payment is cancelled, by force of this section, immediately before the day on which the new pension or benefit or the service pension, income support supplement or veteran payment, as the case may be, becomes payable to the person.\n\n(2) In this section:\n\nsocial security benefit does not include parenting payment.\n\n91  Automatic cancellation of parenting payment on transfer to new payment type—member of couple\n\n(1) If:\n\n(a) a person who is a member of a couple is receiving parenting payment; and\n\n(b) a social security benefit (other than benefit (PP) partnered) becomes payable to the person;\n\nparenting payment is cancelled, by force of this section, immediately before the day that is the person’s start day in relation to the benefit referred to in paragraph (b).\n\n(2) If:\n\n(a) a person who is a member of a couple is receiving parenting payment; and\n\n(b) as a result of a social security pension, a service pension, income support supplement or a veteran payment becoming payable to the person, the rate at which parenting payment is payable to the person becomes nil;\n\nparenting payment is cancelled by force of this section immediately before the day on which the social security pension, the service pension, the income support supplement or the veteran payment, as the case may be, becomes payable to the person.\n\n93  Automatic cancellation—recipient complying with subsection 68(2) notice\n\n(1) Subject to subsection (2), if:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the occurrence of the event or change of circumstances:\n\n(i) the person ceases to be qualified for the social security payment; or\n\n(ii) the payment would, but for this section, cease to be payable to the person; and\n\n(f) the social security payment is not cancelled before the end of the instalment period for the person that is current when the event or change of circumstances occurs;\n\nthe following paragraphs have effect:\n\n(g) if the social security payment is cancelled during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment is payable to the person until the end of the instalment period in which the event or change occurs, and is then cancelled by force of this subsection;\n\n(h) if the payment is not cancelled during the first period, the payment is payable to the person until the end of the notification period, and is then cancelled by force of this subsection.\n\n(2) If:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and\n\n(f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the social security payment would, but for this subsection, cease to be payable to the person; and\n\n(g) the social security payment is not cancelled before the end of the nil instalment period;\n\nthe social security payment continues to be payable to the person until a day determined in accordance with subsection (3) and is then cancelled by force of this subsection.\n\n(3) For the purposes of subsection (2), the day until which the social security payment continues to be payable to the person is:\n\n(a) if the cancellation is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the payment is so cancelled during the instalment period (the next instalment period) following the nil instalment period—the later of:\n\n(i) the day before the day on which the balance was reduced to nil; or\n\n(ii) the end of the event instalment period; and\n\n(b) if the cancellation is attributable to the balance having already been reduced to nil and the payment is so cancelled during the next instalment period—the later of:\n\n(i) the day before the first day on which the opening balance was nil; or\n\n(ii) the end of the event instalment period; and\n\n(c) if the cancellation is attributable to the reduction of the balance to nil but the payment is not so cancelled during the next instalment period—the later of:\n\n(i) the day before the day on which the balance was reduced to nil; or\n\n(ii) the end of the notification period; and\n\n(d) if the cancellation is attributable to the balance having already been reduced to nil but the payment is not so cancelled during the next instalment period—the later of:\n\n(i) the day before the first day on which the opening balance was nil; or\n\n(ii) the end of the notification period.\n\n94  Automatic cancellation—recipient not complying with subsection 68(2) notice\n\n(1) Subject to subsection (2), if:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the occurrence of the event or change of circumstances:\n\n(i) the person ceases to be qualified for the social security payment; or\n\n(ii) the social security payment ceases to be payable to the person;\n\nthe social security payment is cancelled, by force of this subsection, on the day on which the event or change of circumstances occurs.\n\n(2) If:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstance occurs; and\n\n(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs; and\n\n(f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the social security payment ceases to be payable to the person;\n\nthe social security payment is cancelled, by force of this subsection, on:\n\n(g) if the cancellation is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and\n\n(h) if the cancellation is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.\n\n95  Automatic cancellation—failure to provide statement under subsection 68(2)\n\n(1) If:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2) requiring the person to give the Department a statement or a number of statements; and\n\n(b) the notice relates to the payment of the social security payment in respect of a period or a number of periods specified in the notice; and\n\n(c) the person does not comply with the notice so far as it relates to a particular period;\n\nthen, subject to subsection (2), the social security payment is cancelled, by force of this section, on the first day in that period.\n\n(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person on and from a day specified in the determination.\n\n(3) The day specified under subsection (2) may be before or after the making of the determination.\n\n95A  Automatic cancellation of carer payment for non‑compliance with section 70 notice\n\nIf:\n\n(a) a care receiver or parent of a care receiver is given a notice under section 70; and\n\n(b) the notice requires the care receiver or parent to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the care receiver or parent does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the occurrence of the event or change of circumstances:\n\n(i) the person receiving the carer payment ceases to be qualified for the payment; or\n\n(ii) the carer payment ceases to be payable to the person;\n\nthe carer payment is cancelled, by force of this section, on the day on which the event or change of circumstances occurs.\n\n95B  Automatic suspension or cancellation—carer allowance\n\nIf:\n\n(a) a person is receiving a carer allowance because the person is qualified for that allowance under section 954B of the 1991 Act (receiving carer payment); and\n\n(b) the person’s carer payment is suspended or cancelled;\n\nthe carer allowance is by force of this section, suspended or cancelled, as the case may be, on the same day that the person’s carer payment is suspended or cancelled.\n\n95C  Social security payment—suspension instead of cancellation under section 93 or 94\n\n(1) If:\n\n(a) a person ceases to be qualified for a social security payment or a social security payment ceases to be payable to a person; and\n\n(b) the Secretary is satisfied that the cessation is because the person is employed by a Youth Bonus wage subsidy employer;\n\nthen the Secretary may determine:\n\n(c) that the person’s social security payment is suspended and that the suspension takes effect on the day of the cessation; and\n\n(d) that section 93 or 94 is taken not to apply or not to have applied, as the case requires, to the person’s social security payment in relation to the cessation.\n\nNote: For Youth Bonus wage subsidy employer, see subsection (4).\n\n(2) Subject to subsection (3), if:\n\n(a) the suspension is in effect at the end of the period of 26 weeks beginning on the day the suspension takes effect; and\n\n(b) at the end of that 26‑week period, the person is not qualified for the social security payment or the social security payment is not payable to the person;\n\nthen the person’s social security payment is cancelled, by force of this subsection, on the day after the end of that 26‑week period.\n\n(3) If:\n\n(a) before the end of the period of 26 weeks beginning on the day the suspension takes effect and while the suspension is in effect, the person ceases to be employed by a Youth Bonus wage subsidy employer; and\n\n(b) the Secretary determines that the cessation is:\n\n(i) as a result (whether direct or indirect) of a voluntary act of the person that was not reasonable; or\n\n(ii) as a result of the person’s misconduct as an employee;\n\nthen the person’s social security payment is taken to have been cancelled, by force of this subsection, on the day of the cessation.\n\nNote: If the Secretary does not make a determination as mentioned in paragraph (b), then the social security payment may again become payable to the person (without the need for a further claim) if the requirements in section 85 are satisfied.\n\n(4) In this section:\n\nYouth Bonus wage subsidy employer, in relation to a person, means an employer that is eligible to receive a Youth Bonus wage subsidy in respect of the person under the program established by the Commonwealth and known as “Youth Jobs PaTH”.\n\n95CA  Carer payment—suspension instead of cancellation under section 93 or 94\n\nApplication—temporary cessation of care limit exceeded\n\n(1) This section applies if:\n\n(a) a person temporarily ceases to provide care for a care receiver or care receivers (see section 198AC of the 1991 Act); and\n\n(b) the person ceases to be qualified for carer payment because of the occurrence of an event or change of circumstances (the event) that results in the temporary cessation of care exceeding the limit specified in:\n\n(i) subsection 198AC(3) of that Act; or\n\n(ii) the definition of limit in subsection 198AC(3A) of that Act; or\n\n(iii) paragraph 198AC(4)(c) or (5)(c) of that Act; and\n\n(c) because of a notice given to the person under subsection 68(2) of this Act, the person is required to inform the Department, within a specified period (the notification period), of the occurrence of the event; and\n\n(d) but for the occurrence of the event, the person would still have been qualified for carer payment; and\n\n(e) the person’s payment is to be, or has been, cancelled under section 93 or 94 of this Act because the person ceased to be qualified for the reason mentioned in paragraph (b) of this subsection.\n\nApplication—income reduced rate nil\n\n(2) This section applies if:\n\n(a) carer payment ceases to be payable to a person because the rate of the person’s payment is nil; and\n\n(b) the rate of the person’s carer payment is nil because of the occurrence of an event or change of circumstances (the event) that results in the person’s income reduced rate (see subsection (3)) being nil; and\n\n(c) because of a notice given to the person under subsection 68(2), the person is required to inform the Department, within a specified period (the notification period), of the occurrence of the event; and\n\n(d) but for the person’s income reduced rate being nil, carer payment would have continued to be payable to the person; and\n\n(e) the person’s payment is to be, or has been, cancelled under section 93 or 94 because the payment ceased to be payable for the reason mentioned in paragraph (b) of this subsection; and\n\n(f) at the time of the cessation, the person’s ordinary income (as used to work out the person’s income reduced rate) includes income for paid work performed by the person in Australia.\n\n(3) For the purposes of subsection (2), a person’s income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A of the 1991 Act.\n\nSuspension determination—event notified within notification period\n\n(4) If:\n\n(a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and\n\n(b) the person’s carer payment has not yet been cancelled under section 93;\n\nthe Secretary may determine that:\n\n(c) section 93 does not apply to cancel the person’s carer payment; and\n\n(d) the person’s carer payment is suspended for a period of 26 weeks with effect from the day the carer payment would otherwise have ceased to be payable under section 93.\n\n(5) If:\n\n(a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and\n\n(b) the person’s carer payment has been cancelled under section 93; and","sortOrder":1000017},{"sectionNumber":"full-source-retrieval-0019","sectionType":"document_chunk","heading":"Document excerpt 19","content":"(c) within the period of 26 weeks after the cancellation, the person’s circumstances (such as the person’s provision of care or the person’s amount of ordinary income) would not preclude the person from receiving carer payment;\n\nthe Secretary may determine that:\n\n(d) the person is to be treated as if section 93 had not applied to cancel the person’s carer payment; and\n\n(e) the person’s carer payment is suspended for a period of 26 weeks with effect from the day the carer payment had ceased to be payable under section 93.\n\nSuspension determination—event not notified within notification period\n\n(6) If:\n\n(a) the person does not inform the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and\n\n(b) the person’s carer payment has been cancelled under section 94; and\n\n(c) the Department subsequently becomes aware of the event; and\n\n(d) within the period of 28 weeks after the cancellation, the person’s circumstances (such as the person’s provision of care or the person’s amount of ordinary income) would not preclude the person from receiving carer payment;\n\nthe Secretary may determine that:\n\n(e) the person is to be treated as if section 94 had not applied to cancel the person’s carer payment; and\n\n(f) the person’s carer payment is suspended for a period of 28 weeks with effect from the day the carer payment had ceased to be payable under section 94.\n\nResidency requirement\n\n(7) The Secretary must not make a determination under subsection (4), (5) or (6) unless the Secretary is satisfied that the person is residing in Australia.\n\nResumption of carer payment after suspension\n\n(8) If:\n\n(a) the Secretary suspends a person’s carer payment under subsection (4), (5) or (6); and\n\n(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that:\n\n(i) the person did not receive carer payment that was payable to the person; or\n\n(ii) the person is not receiving carer payment that is payable to the person;\n\nthe Secretary is to determine that carer payment was or is payable to the person, as the case requires.\n\n(9) The reconsideration referred to in paragraph (8)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n(10) A determination that carer payment was or is payable to the person under subsection (8) takes effect:\n\n(a) if the person applied for reconsideration under section 129—on the day the application was made; or\n\n(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.\n\nCancellation of carer payment after period of suspension\n\n(11) If:\n\n(a) the Secretary suspends a person’s carer payment under subsection (4), (5) or (6); and\n\n(b) the suspension continues in effect throughout the period;\n\nthen, at the end of the period, the determination granting the person carer payment is, by force of this subsection, revoked.\n\n95D  Age pension—suspension instead of cancellation under section 93 or 94\n\nApplication\n\n(1) This section applies if:\n\n(a) age pension ceases to be payable to a person because the rate of the person’s pension is nil; and\n\n(b) the rate of the person’s pension is nil because of the occurrence of an event or change of circumstances (the income‑related event) that results in the person’s income reduced rate (see subsection (2)) being nil; and\n\n(c) the person is required to inform the Department of the income‑related event within a specified period (the notification period) because of a notice given to the person under subsection 68(2); and\n\n(d) but for the person’s income reduced rate being nil, age pension would have continued to be payable to the person; and\n\n(e) the person’s pension is to be, or has been, cancelled under section 93 or 94 because the pension ceased to be payable for the reason mentioned in paragraph (b); and\n\n(f) at the time of the cessation, the person’s ordinary income (as used to work out the person’s income reduced rate) includes income for remunerative work performed by the person in Australia as an employee in an employer/employee relationship.\n\n(2) For the purposes of subsection (1), a person’s income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A.\n\nSuspension determination—event notified within notification period\n\n(3) If:\n\n(a) the person informs the Department of the income‑related event within the notification period; and\n\n(b) the person’s pension has not yet been cancelled under section 93;\n\nthe Secretary may determine that:\n\n(c) section 93 does not apply to cancel the person’s pension; and\n\n(d) the person’s pension is suspended for a period of 2 years with effect from the day the pension would otherwise have ceased to be payable under section 93.\n\n(4) If:\n\n(a) the person informs the Department of the income‑related event within the notification period; and\n\n(b) the person’s pension has been cancelled under section 93; and\n\n(c) within the period of 2 years after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;\n\nthe Secretary may determine that:\n\n(d) the person is to be treated as if section 93 had not applied to cancel the person’s pension; and\n\n(e) the person’s pension is suspended for a period of 2 years with effect from the day the pension had ceased to be payable under section 93.\n\nSuspension determination—event not notified within notification period\n\n(5) If:\n\n(a) the person does not inform the Department of the income‑related event within the notification period; and\n\n(b) the person’s pension has been cancelled under section 94; and\n\n(c) the Department subsequently becomes aware of the income‑related event; and\n\n(d) within the period of 2 years and 14 days after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;\n\nthe Secretary may determine that:\n\n(e) the person is to be treated as if section 94 had not applied to cancel the person’s pension; and\n\n(f) the person’s pension is suspended for a period of 2 years and 14 days with effect from the day the pension had ceased to be payable under section 94.\n\nResidency requirement\n\n(6) The Secretary must not make a determination under subsection (3), (4) or (5) unless the Secretary is satisfied that the person is residing in Australia.\n\nResumption of age pension after suspension\n\n(7) If:\n\n(a) the Secretary suspends a person’s age pension under subsection (3), (4) or (5); and\n\n(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that:\n\n(i) the person did not receive age pension that was payable to the person; or\n\n(ii) the person is not receiving age pension that is payable to the person;\n\nthe Secretary is to determine that age pension was or is payable to the person, as the case requires.\n\n(8) The reconsideration referred to in paragraph (7)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n(9) A determination that age pension was or is payable to the person under subsection (7) takes effect:\n\n(a) if the person applied for reconsideration under section 129—on the day the application was made; or\n\n(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.\n\nCancellation of age pension after period of suspension\n\n(10) If:\n\n(a) the Secretary suspends a person’s age pension for a period under subsection (3), (4) or (5); and\n\n(b) the suspension continues in effect throughout the period;\n\nthen, at the end of the period, the determination granting the person age pension is, by force of this subsection, revoked.\n\n96  Disability support pension—suspension instead of cancellation under section 93\n\n(1) If:\n\n(a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and\n\n(b) the person has, within the notification period referred to in section 93, informed the Secretary that the person has obtained that work;\n\nthe Secretary may determine:\n\n(c) that section 93 does not apply to the person’s disability support pension; and\n\n(d) that the person’s disability support pension is to be suspended with effect from the day the pension would otherwise have ceased to be payable under section 93.\n\n(2) Subsection (1) does not apply to a person if:\n\n(a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and\n\n(b) the Secretary’s notice is given before the person informs the Secretary that the person has obtained work.\n\n(3) If:\n\n(a) disability support pension ceases to be payable to a person because the rate of the pension is nil as a result of employment income of the person; and\n\n(b) the person has informed the Secretary about the employment income within the notification period referred to in section 93;\n\nthe Secretary may determine:\n\n(c) that section 93 does not apply to the person’s disability support pension; and\n\n(d) that the person’s disability support pension is to be suspended with effect from the day the pension would otherwise have ceased to be payable under section 93.\n\n(3A) If:\n\n(a) the Secretary makes a determination under subsection (1) or (3) suspending a person’s disability support pension; and\n\n(b) within 2 years from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that:\n\n(i) the person did not receive disability support pension that was payable to the person; or\n\n(ii) the person is not receiving disability support pension that is payable to the person;\n\nthe Secretary is to determine that the disability support pension was or is payable to the person, as the case requires.\n\n(3B) The reconsideration referred to in paragraph (3A)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n(3C) A determination that disability support pension was or is payable to the person under subsection (3A) takes effect:\n\n(a) if the person applied for reconsideration under section 129—on the day the application was made; or\n\n(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.\n\n(4) If:\n\n(a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and\n\n(b) the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination;\n\nthen, at the end of that period of 2 years, the determination granting the person disability support pension is, by force of this section, revoked.\n\n(5) If:\n\n(a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and\n\n(b) the person has a partner who is receiving:\n\n(i) age pension; or\n\n(ii) disability support pension; or\n\n(iii) service pension, income support supplement or veteran payment;\n\nthen, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).\n\n(6) If:\n\n(a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and\n\n(b) the person has a partner who was, immediately before the suspension, receiving carer payment for the period of the suspension of the person’s disability support pension;\n\nthe Secretary must determine that the partner’s carer payment is not to be cancelled but is to be suspended.\n\n97  Disability support pension—suspension taken to have been under section 96\n\n(1) If:\n\n(a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and\n\n(b) disability support pension ceases to be payable to the person under section 93; and\n\n(c) within the period of 2 years after the pension ceases to be payable, the person ceases to do work of the kind referred to in paragraph (a);\n\nthe Secretary may determine that the person is to be treated as if:\n\n(d) section 93 had not applied to the person’s disability support pension; and\n\n(e) the disability support pension had been suspended under section 96 with effect from the day the pension had ceased to be payable under section 93.\n\n(2) If:\n\n(a) the Secretary makes a determination under subsection (1) in respect of a person; and\n\n(b) the person’s partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension because the person obtained paid work;\n\nthe Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended under section 96 for the period of the suspension of the person’s disability support pension.\n\n(3) If:\n\n(a) disability support pension ceased to be payable to a person under section 93 because the rate of the pension was nil as a result of employment income of the person; and\n\n(b) within the period of 2 years after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension;\n\nthe Secretary may determine that the person is to be treated as if:\n\n(c) section 93 had not applied to the person’s disability support pension; and\n\n(d) the disability support pension had been suspended under section 96 with effect from the day the pension had ceased to be payable under section 93.\n\n(4) If:\n\n(a) the Secretary makes a determination under subsection (3) in respect of a person; and\n\n(b) the person’s partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (3)(a);\n\nthe Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended under section 96 for the period of the suspension of the person’s disability support pension.\n\n97A  Disability support pension—suspension instead of cancellation under section 94 (person obtains work)\n\n(1) If:\n\n(a) a person was receiving disability support pension as a result of a claim made before 1 July 2006; and\n\n(b) the person ceased to be qualified for disability support pension because he or she obtained paid work that was for at least 30 hours per week; and\n\n(c) the person subsequently informs the Secretary that he or she has obtained that work; and\n\n(d) the person’s disability support pension was cancelled under section 94 because of that work; and\n\n(e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph (b);\n\nthe Secretary may determine that:\n\n(f) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and\n\n(g) the person’s disability support pension is suspended from the day on which the person ceased to be qualified for the pension.\n\nHowever, this subsection ceases to apply to a transitional DSP applicant from the date of effect of the first decision about the person’s capacity to perform work made on or after 1 July 2006 following a review of the person’s capacity to perform work.\n\n(2) If:\n\n(a) subsection (1) does not apply, or has ceased to apply, to a person; and\n\n(b) the person ceased to be qualified for disability support pension because he or she obtained paid work that is for at least 30 hours per week; and\n\n(c) the person subsequently informs the Secretary that he or she has obtained that work; and\n\n(d) the person’s disability support pension was cancelled under section 94 because of that work; and\n\n(e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph (b);\n\nthe Secretary may determine that:\n\n(f) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and\n\n(g) the person’s disability support pension is suspended from the day on which the person ceased to be qualified for the pension.\n\n(3) Neither subsection (1) nor (2) applies to a person if:\n\n(a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and\n\n(b) the Secretary’s notice is given before the person informs the Secretary that the person has obtained work.\n\n(4) If:\n\n(a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and\n\n(b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;\n\nthen, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.\n\n(5) If:\n\n(a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and\n\n(b) the person’s partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension for the reason mentioned in paragraph (1)(b) or (2)(b);\n\nthe Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended for the period of the suspension of the person’s disability support pension.\n\n(6) If:\n\n(a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and","sortOrder":1000018},{"sectionNumber":"full-source-retrieval-0020","sectionType":"document_chunk","heading":"Document excerpt 20","content":"(b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that:\n\n(i) the person did not receive disability support pension that was payable to the person; or\n\n(ii) the person is not receiving disability support pension that is payable to the person;\n\nthe Secretary is to determine that the disability support pension was or is payable to the person, as the case requires.\n\n(7) The reconsideration referred to in paragraph (6)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n(8) A determination that disability support pension was or is payable to the person under subsection (6) takes effect:\n\n(a) if the person applied for reconsideration under section 129—on the day the application was made; or\n\n(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.\n\n97B  Disability support pension—suspension instead of cancellation under section 94 (person’s income)\n\n(1) If:\n\n(a) disability support pension ceased to be payable to a person because the rate of the pension was nil as a result of employment income of the person; and\n\n(b) the person subsequently informs the Secretary of that employment income; and\n\n(c) the person’s disability support pension was cancelled under section 94 because the pension ceased to be payable to the person for the reason mentioned in paragraph (a); and\n\n(d) within the period of 2 years and 14 days after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension;\n\nthe Secretary may determine that:\n\n(e) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and\n\n(f) the person’s disability support pension is suspended from the day on which the pension ceased to be payable to the person.\n\n(2) Subsection (1) does not apply to a person if:\n\n(a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and\n\n(b) the Secretary’s notice is given before the person informs the Secretary of the person’s income or increased income.\n\n(3) If:\n\n(a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and\n\n(b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;\n\nthen, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.\n\n(4) If:\n\n(a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and\n\n(b) the person’s partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (1)(a);\n\nthe Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended for the period of the suspension of the person’s disability support pension.\n\n(5) If:\n\n(a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and\n\n(b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that:\n\n(i) the person did not receive disability support pension that was payable to the person; or\n\n(ii) the person is not receiving disability support pension that is payable to the person;\n\nthe Secretary is to determine that the disability support pension was or is payable to the person, as the case requires.\n\n(6) The reconsideration referred to in paragraph (5)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n(7) A determination that disability support pension was or is payable to the person under subsection (5) takes effect:\n\n(a) if the person applied for reconsideration under section 129—on the day the application was made; or\n\n(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.\n\n97C  Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners)\n\nApplication\n\n(1) This section applies if:\n\n(a) one of the following determinations is made, in relation to a person who is a member of a couple, because of the occurrence of an event or change of circumstances:\n\n(i) a determination under subsection 95D(3), (4) or (5) suspending the person’s age pension because the pension ceased to be payable to the person;\n\n(ii) a determination under subsection 96(1), 97(1), 97A(1) or 97A(2) suspending the person’s disability support pension because the person ceased to be qualified for the pension;\n\n(iii) a determination under subsection 96(3), 97(3) or 97B(1) suspending the person’s disability support pension because the pension ceased to be payable to the person;\n\n(iv) a determination under subsection 56ED(3), (4) or (5) of the Veterans’ Entitlements Act suspending the person’s age service pension, invalidity service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person; and\n\n(b) immediately before the event or change of circumstances, the person’s partner was receiving an age pension, disability support pension or carer payment; and\n\n(c) the partner’s pension or payment ceases to be payable to the partner because the rate of the partner’s pension or payment is nil; and\n\n(d) the partner’s cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the person’s cessation of payability or qualification; and\n\n(e) because of the partner’s cessation of payability, the partner’s pension or payment is to be, or has been, cancelled under section 93 or 94.\n\nNote: For suspensions when a person’s partner has been receiving service pension, income support supplement or veteran payment, see section 56EE of the Veterans’ Entitlements Act.\n\nPartner suspension determination\n\n(2) The Secretary may determine that:\n\n(a) the partner is to be treated as if section 93 or 94 does not apply or had not applied (as the case may be) to cancel the partner’s pension or payment; and\n\n(b) the partner’s pension or payment is suspended with effect from the day the pension or payment would otherwise have ceased to be payable under section 93 or 94, for a period of:\n\n(i) if section 94 would otherwise have applied—2 years and 14 days; or\n\n(ii) in all other cases—2 years.\n\nResumption of partner’s pension or payment after suspension\n\n(3) If:\n\n(a) the Secretary suspends the partner’s pension or payment under subsection (2); and\n\n(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that:\n\n(i) the partner did not receive pension or payment that was payable to the partner; or\n\n(ii) the partner is not receiving pension or payment that is payable to the partner;\n\nthe Secretary is to determine that pension or payment was or is payable to the partner, as the case requires.\n\n(4) The reconsideration referred to in paragraph (3)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.\n\n(5) A determination that pension or payment was or is payable to the partner under subsection (3) takes effect:\n\n(a) if the partner applied for reconsideration under section 129—on the day the application was made; or\n\n(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.\n\nCancellation of partner’s pension or payment after period of suspension\n\n(6) If:\n\n(a) the Secretary suspends the partner’s pension or payment for a period under subsection (2); and\n\n(b) the suspension continues in effect throughout the period;\n\nthen, at the end of the period, the determination granting the partner pension or payment is, by force of this subsection, revoked.\n\nPartner ceasing to be member of couple\n\n(7) To avoid doubt, subsections (3) to (6) apply to the partner even if the partner ceases to be a member of the couple after the event or change of circumstances referred to in subsection (1).\n\n98  Automatic rate reduction—partner starting to receive pension or benefit\n\n(1) Subject to subsection (2), if:\n\n(a) a person is receiving a social security payment; and\n\n(b) the person’s partner starts to receive:\n\n(i) a social security pension or benefit; or\n\n(ii) a service pension, income support supplement or a veteran payment; and\n\n(c) the person’s social security payment rate is reduced because of the partner’s receipt of the pension, benefit, supplement or payment;\n\nthe social security payment becomes payable to the person at the reduced rate on the day on which the partner starts to receive the pension, benefit, supplement or payment.\n\n(2) If:\n\n(a) a person is receiving a social security payment; and\n\n(b) the person’s partner starts to receive:\n\n(i) a social security pension or benefit; or\n\n(ii) a service pension or a veteran payment; and\n\n(c) because the partner starts to receive that pension, benefit or payment, the person’s working credit balance or student income bank balance is reduced to nil; and\n\n(d) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the person’s social security payment rate is to be reduced;\n\nthe social security payment becomes payable to the person at the reduced rate on:\n\n(e) if the rate reduction is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and\n\n(f) if the rate reduction is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.\n\n99  Automatic rate reduction—recipient complying with subsection 68(2) notice\n\n(1) Subject to subsection (2), if:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced; and\n\n(f) the person’s rate of payment is not reduced before the end of the instalment period for the person that is current when the event or change of circumstances occurs;\n\nthe following paragraphs have effect:\n\n(g) if the person’s rate of payment is reduced during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment becomes payable to the person at the reduced rate immediately after the end of the instalment period in which the event or change occurs;\n\n(h) if the person’s rate of payment is not reduced during the first period, the payment becomes payable to the person at the reduced rate immediately after the end of the notification period.\n\n(2) If:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and\n\n(f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the rate of the person’s social security payment is to be reduced; and\n\n(g) the person’s rate of payment is not reduced before the end of the nil instalment period;\n\nthe social security payment becomes payable to the person at the reduced rate from the day immediately after the day determined in accordance with subsection (3).\n\n(3) For the purposes of subsection (2), the day immediately after which the social security payment becomes payable to the person at the reduced rate is:\n\n(a) if the rate reduction is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the rate is so reduced during the instalment period (the next instalment period) following the nil instalment period—the later of:\n\n(i) the day before the day on which the balance was reduced to nil; or\n\n(ii) the end of the event instalment period; and\n\n(b) if the rate reduction is attributable to the balance having already been reduced to nil and the rate is so reduced during the next instalment period—the later of:\n\n(i) the day before the first day on which the opening balance was nil; or\n\n(ii) the end of the event instalment period; and\n\n(c) if the rate reduction is attributable to the reduction of the balance to nil but the rate is not so reduced during the next instalment period—the later of:\n\n(i) the day before the day on which the balance was reduced to nil; or\n\n(ii) the end of the notification period; and\n\n(d) if the rate reduction is attributable to the balance having already been reduced to nil but the rate is not so reduced during the next instalment period—the later of:\n\n(i) the day before the first day on which the opening balance is nil; or\n\n(ii) the end of the notification period.\n\n100  Automatic rate reduction—recipient not complying with subsection 68(2) notice\n\n(1) Subject to subsection (2), if:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced;\n\nthe social security payment becomes payable to the person at the reduced rate on the day on which the event or change of circumstances occurs.\n\n(2) If:\n\n(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs; and\n\n(f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the rate of the person’s social security payment is to be reduced;\n\nthe social security payment becomes payable to the person at the reduced rate on:\n\n(g) if the rate reduction is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and\n\n(h) if the rate reduction is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.\n\n101  Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment\n\nIf:\n\n(a) a person who is a member of a couple is receiving parenting payment; and\n\n(b) as a result of a social security pension, a service pension, income support supplement or a veteran payment becoming payable to the person, the rate at which parenting payment is payable to the person is reduced;\n\nparenting payment becomes payable to the person at the reduced rate on the day on which the social security pension, the service pension, the income support supplement or the veteran payment, as the case may be, becomes payable to the person.\n\n103  Changes to payments by computer following automatic cancellation or reduction\n\n(1) If:\n\n(a) a person is receiving a social security payment on the basis of data in a computer; and\n\n(b) the payment is cancelled, or the payment rate is reduced, by the operation of a provision of the social security law; and\n\n(c) the cancellation or reduction is given effect by the operation of a computer program used under the control of the Secretary stopping payment or reducing the rate of payment;\n\nthe Secretary is taken to have made a determination that the provision referred to in paragraph (b) applies to the person’s social security payment.","sortOrder":1000019},{"sectionNumber":"full-source-retrieval-0021","sectionType":"document_chunk","heading":"Document excerpt 21","content":"(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the cancellation or reduction took effect.\n\nSubdivision B—Concession cards\n\n104  Automatic cancellation—holder complying with subsection 68(4) notice\n\nIf:\n\n(a) a person who is the holder of a concession card is given a notice under subsection 68(4); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the occurrence of the event or change of circumstances, the person would, but for this section, cease to be qualified for the card; and\n\n(f) the person does not cease to hold the card before the end of the notification period;\n\nthe person continues to be qualified for the card until the end of the notification period, and then ceases to be so qualified.\n\n105  Automatic cancellation—holder not complying with subsection 68(4) notice\n\nIf:\n\n(a) a person who is the holder of a concession card is given a notice under subsection 68(4); and\n\n(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and\n\n(c) the event or change of circumstances occurs; and\n\n(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and\n\n(e) because of the occurrence of the event or change of circumstances, the person ceases to be qualified for the card;\n\nthe person ceases to be qualified for the card on the day on which the event or change of circumstances occurs.\n\n106  Changes by computer following automatic cancellation\n\n(1) If:\n\n(a) a person is qualified for a concession card on the basis of data in a computer; and\n\n(b) the person ceases, by virtue of section 104 or 105, to be qualified for the card; and\n\n(c) the cessation is given effect by the operation of a computer program under the control of the Secretary causing the person to be notified of the cessation;\n\nthe Secretary is taken to have made a determination that the provision referred to in paragraph (b) applies to the person’s concession card.\n\n(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the cessation took effect.\n\n106A  Automatic cancellation on cessation of qualification\n\nIf a person who is the holder of a concession card ceases, otherwise than by virtue of section 104 or 105, to be qualified for the card, the card is cancelled by force of this section on the day on which the person ceases to be so qualified.\n\nSubdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards\n\n106B  Automatic cancellation\n\n(1) Subject to subsection (3), if:\n\n(a) a section 1061ZA pensioner concession card or a listed automatic issue health care card has been granted to a person; and\n\n(b) in order to be qualified for the card, the person must be receiving, or be qualified for, a particular social security pension or benefit; and\n\n(c) the pension or benefit is cancelled;\n\nthe section 1061ZA pensioner concession card or listed automatic issue health care card, as the case may be, is, by force of this section, cancelled.\n\n(2) If:\n\n(a) a health care card has been granted to a person; and\n\n(b) the person was qualified for the card under subsection 1061ZK(4) of the 1991 Act; and\n\n(c) the person ceases to be qualified under that subsection;\n\nthe health care card is, by force of this section, cancelled.\n\n(3) Subsection (1) does not have effect in a case in which the Secretary determines in writing that he or she is satisfied that the person concerned is likely to be granted a social security pension or benefit before it is reasonably practicable to take steps to give effect to the cancellation of the card.\n\n(4) In this section:\n\nlisted automatic issue health care card means an automatic issue health care card that is granted:\n\n(a) to a person who receives one of the following social security payments:\n\n(ii) jobseeker payment;\n\n(iv) special benefit;\n\n(vi) benefit PP (partnered); or\n\n(b) to a person who is receiving a youth allowance and who, at the time when a determination was made to grant the person the youth allowance:\n\n(i) was not undertaking full‑time study; and\n\n(ii) was not a new apprentice.\n\nsection 1061ZA pensioner concession card means a pensioner concession card granted to a person who is qualified for the card under section 1061ZA of the 1991 Act (except under subsection (1B) of that section).\n\nDivision 9—Date of effect of determinations\n\nSubdivision A—Determinations relating to claims\n\n107  General rule\n\n(1) Subject to subsections (2), (3), (4) and (5), a determination under section 37 takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.\n\n(2) If:\n\n(a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or a concession card; and\n\n(b) the person is given a notice informing him or her of the original decision; and\n\n(c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) a decision that the claim be granted is made as a result of the application for review;\n\nthe determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.\n\n(3) If:\n\n(a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and\n\n(b) the person is given a notice informing him or her of the original decision; and\n\n(c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) a decision that the claim be granted is made as a result of the application for review;\n\nthe determination embodying the last‑mentioned decision takes effect on the day on which the application for review was made.\n\n(4) If:\n\n(a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and\n\n(b) no notice is given to the person informing the person of the original decision; and\n\n(c) the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) a decision that the claim be granted is made as a result of the application for review;\n\nthe determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.\n\n(5) If:\n\n(a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and\n\n(b) the person is given a notice informing him or her of the original decision; and\n\n(c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and\n\n(d) a decision that the claim be granted is made as a result of the review;\n\nthe determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.\n\nSubdivision B—Determinations under section 78, 81A, 85, 85AA or 85A\n\n108  Definition\n\nIn this Subdivision:\n\nfavourable determination means a determination under section 78, 85, 85AA or 85A.\n\n109  Date of effect of favourable determination resulting from review\n\n(1) If:\n\n(a) a decision (the original decision) is made in relation to a person’s social security payment; and\n\n(b) a notice is given to the person informing the person of the original decision; and\n\n(c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) the favourable determination is made as a result of the application for review;\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n(2) If:\n\n(a) a decision (the original decision) is made in relation to a person’s social security payment; and\n\n(b) a notice is given to the person informing the person of the original decision; and\n\n(c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) the favourable determination is made as a result of the application for review;\n\nthe favourable determination takes effect on the day on which the application for review was made.\n\n(3) If:\n\n(a) a decision (the original decision) is made in relation to a person’s social security payment; and\n\n(b) the person is not given notice of the original decision; and\n\n(c) the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) the favourable determination is made as a result of the application for review;\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n(4) If:\n\n(a) a decision (the original decision) is made in relation to a person’s social security payment; and\n\n(b) the person is given a notice informing him or her of the original decision; and\n\n(c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and\n\n(d) as a result of the review, the favourable determination is made within 13 weeks after notice of the original decision was given to the person;\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n(5) If:\n\n(a) a decision (the original decision) is made in relation to a person’s social security payment; and\n\n(b) the person is given a notice informing him or her of the original decision; and\n\n(c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and\n\n(d) as a result of the review, the favourable determination is made more than 13 weeks after notice of the original decision was given to the person;\n\nthe favourable determination takes effect on the day on which the review was begun by the Secretary.\n\n(6) This section does not apply to determinations to which section 109A or 110A apply.\n\n(7) For the purposes of this section, if:\n\n(a) the Secretary makes a decision constituted by a determination made under section 78 to increase the rate at which a social security payment is being, or has been, paid; and\n\n(b) the determination is made because an amount has been indexed or adjusted by the operation of Part 3.16 of the 1991 Act;\n\nthen:\n\n(c) each person whose rate of social security payment is, or was, affected by the determination is taken to have been given notice of the determination and of the increased rate; and\n\n(d) the notice is taken to have been given on the day on which the amount was so indexed or adjusted.\n\n109A  Date of effect of determination under section 78 resulting from review required by section 126A\n\nIf the Secretary makes a determination under section 78 (rate increase determination) as a result of a review required by section 126A (review of determination of youth allowance rate in relation to maintenance income), the determination takes effect:\n\n(a) unless paragraph (b) applies—on the date that would give full effect to the decision on review; or\n\n(b) if the date referred to in paragraph (a) is earlier than the first day of the income year before the income year in which the review decision was made—that first day.\n\n110  Date of effect of favourable determination\n\n(1) Subject to subsections (1A) to (11A) (inclusive), if a favourable determination is made following a person having informed the Department of the occurrence of an event or change of circumstances, the determination takes effect:\n\n(a) on the day on which the person so informed the Department; or\n\n(b) on the day on which the event or change occurred;\n\nwhichever is the later.\n\n(1A) If a favourable determination is made in relation to a person who has not reached pension age:\n\n(a) following the person’s having informed the Department of the occurrence of an event or change of circumstances; and\n\n(b) because, in an instalment period of the person:\n\n(i) there is a decrease in the amount of the person’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or\n\n(ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;\n\nthe determination takes effect on the first day of the instalment period, or on the first day of the instalment period in which the person so informs the Department, whichever is the later.\n\n(2) Subject to subsection (2A), if a favourable determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.\n\n(2A) If a favourable determination is made in relation to a person who has not reached pension age:\n\n(a) following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and\n\n(b) because, in the instalment period:\n\n(i) there is a decrease in the amount of the person’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or\n\n(ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;\n\nthe determination takes effect on the first day of the instalment period.\n\n(3) Subject to subsection (3A), if:\n\n(a) a person and his or her partner (the partner) are each receiving a social security payment; and\n\n(b) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and\n\n(c) the notice relates to the payment of the partner’s social security payment in respect of a period specified in the notice; and\n\n(d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and\n\n(e) following the giving of the statement, a favourable determination is made in relation to the person’s social security payment;\n\nthe determination takes effect on the day on which the matter arose.\n\n(3A) If:\n\n(a) a person and his or her partner (the partner) are each receiving a social security payment; and\n\n(b) the partner has not reached pension age; and\n\n(c) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and\n\n(d) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and\n\n(e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and\n\n(f) following the giving of the statement, a favourable determination is made in relation to the person’s social security payment; and\n\n(g) the determination is made because, in the instalment period:\n\n(i) there is a decrease in the amount of the partner’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the partner; or\n\n(ii) the partner has ceased to be taken, in accordance with that Division, to have received employment income;\n\nthe determination takes effect on the first day of the instalment period.\n\n(4) If:\n\n(a) a favourable determination is made following the death of a person’s partner (the partner); and\n\n(b) the favourable determination is made because the person elects not to receive bereavement payments; and\n\n(c) within the bereavement period:\n\n(i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner’s death; or\n\n(ii) the Secretary otherwise becomes aware of the death;\n\nthe determination takes effect on the day on which the partner died.\n\n(5) If:\n\n(a) a favourable determination is made following the death of a person’s partner (the partner); and\n\n(b) immediately before the partner died, the partner:\n\n(i) was not receiving a social security pension, a service pension, income support supplement or a veteran payment; and\n\n(ii) was not a long‑term social security recipient; and\n\n(c) within the period of 4 weeks starting on the day after the day on which the partner dies:\n\n(i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner’s death; or\n\n(ii) the Secretary otherwise becomes aware of the death;\n\nthe determination takes effect on the day on which the partner died.\n\n(9) If:\n\n(a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsection 5(12) of the 1991 Act, that a young person will not, or would not, if an application were duly made, receive payments under a prescribed educational scheme; and\n\n(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;\n\nthe determination takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.\n\n(10) If:","sortOrder":1000020},{"sectionNumber":"full-source-retrieval-0022","sectionType":"document_chunk","heading":"Document excerpt 22","content":"(a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive a payment under a prescribed educational scheme; and\n\n(b) the young person, or another person or organisation, was previously in receipt of a payment under a prescribed educational scheme in respect of the young person but the payment has since ceased; and\n\n(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;\n\nthe determination takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.\n\n(11) If:\n\n(a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive payments under any prescribed educational scheme; and\n\n(b) no application has been made for payments in respect of that young person under any prescribed educational scheme; and\n\n(c) the Secretary is satisfied that it is reasonable that no such application has been made; and\n\n(d) the young person ceased, within 13 weeks after becoming a prescribed student child, to be a prescribed student child because the Secretary formed an opinion for the purposes of paragraph 5(12)(c) of the 1991 Act;\n\nthe determination takes effect on the day on which the young person became a prescribed student child.\n\n(11A) If the Secretary makes a determination under section 78 (rate increase determination) as a result of a revised estimate of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.\n\n(12) This section does not apply to determinations to which section 110A applies.\n\n110A  Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance\n\nIf:\n\n(a) a favourable determination is made under section 85 resuming payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit the payment of which had been suspended under section 80; and\n\n(b) the payment had been suspended because it was not payable because of:\n\n(i) subsection 42P(1) or 42S(1) (if the payment was a participation payment and the person receiving the payment was a declared program participant); or\n\n(ii) section 550B or 551 of the 1991 Act (if the payment was a youth allowance); or\n\n(iii) section 576A or 577 of the 1991 Act (if the payment was an austudy payment);\n\nthe determination takes effect, or is taken to have taken effect, on the day after the end of the period for which the payment, allowance or benefit is not payable because of section 550B, 551, 576A or 577 of the 1991 Act, or on the day after the serious failure period or unemployment non‑payment period ends under subsection 42P(1) or 42S(3) or (4) or section 42Q of this Act, as the case requires.\n\n111  Date of effect of section 78 determination resulting from indexation or adjustment\n\nIf:\n\n(a) the Secretary makes a determination under section 78; and\n\n(b) the determination is made because an amount has been indexed or adjusted by the operation of Part 3.16 of the 1991 Act;\n\nthe determination takes effect on the day on which the amount was so indexed or adjusted.\n\n114  Date of effect of other favourable determinations\n\n(1) In the case of a favourable determination to which none of sections 109, 109A, 110 and 110A apply, the determination takes effect on the day on which the determination is made or on such other day as is specified in the determination.\n\n(2) A day specified in a determination for the purpose of subsection (1) may be:\n\n(a) later than the day on which the determination is made; or\n\n(b) not earlier than 13 weeks before the day on which the determination is made.\n\n114A  Date of effect of favourable determination—portability extensions\n\nA favourable determination that is made as a result of a determination referred to in:\n\n(a) subsection 1216(2), 1220A(1A) or 1220B(1A) of the 1991 Act; or\n\n(b) subclause 128(1A) of Schedule 1A to the 1991 Act; or\n\n(c) subitem 6(6) or 14(8) of Schedule 4 to the Social Services and Other Legislation Amendment Act 2014;\n\nmay be expressed to take effect on a day earlier than otherwise permitted by this Subdivision.\n\nSubdivision C—Determinations under section 89\n\n115  Definition\n\nIn this Subdivision:\n\nfavourable determination means a determination under section 89.\n\n116  Date of effect of favourable determination resulting from review—concession cards\n\n(1) If:\n\n(a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and\n\n(b) the person is given a notice informing him or her of the original decision; and\n\n(c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) the favourable determination is made as a result of the application for review;\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n(2) If:\n\n(a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and\n\n(b) the person is given a notice informing him or her of the original decision; and\n\n(c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) the favourable determination is made as a result of the application for review;\n\nthe favourable determination takes effect on the day on which the application for review was made.\n\n(3) If:\n\n(a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and\n\n(b) the person is not given any notice informing him or her of the original decision; and\n\n(c) the person applies to the Secretary, under section 129, for review of the original decision; and\n\n(d) the favourable determination is made as a result of the application for review;\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\n(4) If:\n\n(a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and\n\n(b) the person is given a notice informing him or her of the original decision; and\n\n(c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made;\n\n(d) as a result of the review, the favourable decision is made more than 13 weeks after the notice of the original decision was given to the person;\n\nthe favourable determination takes effect on the day on which the determination embodying the original decision took effect.\n\nSubdivision D—Date of effect of adverse determinations relating to social security payments\n\n117  Definition\n\nIn this Subdivision:\n\nadverse determination means a determination under section 79, 80, 81, 81A or 82.\n\n118  Date of effect of adverse determinations—general rules\n\n(1) The day on which an adverse determination takes effect in relation to a social security payment is worked out:\n\n(b) in the case of carer payment—in accordance with this section and section 120; and\n\n(c) in the case of any other social security payment—in accordance with this section.\n\n(2) Subject to subsections (2A), (2B), (2D) and (2E), if:\n\n(a) an adverse determination is made following a person having informed the Department of the occurrence of an event or change of circumstances; and\n\n(b) the person is not paid an instalment of the social security payment after the occurrence of the event or change and before the determination is made;\n\nthe determination takes effect on the day on which the event or change of circumstances occurred.\n\n(2A) If an adverse determination is made in relation to a person who has not reached pension age:\n\n(a) following the person’s having informed the Department of the occurrence of an event or change of circumstances; and\n\n(b) because the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in an instalment period of the person;\n\nthe determination takes effect on:\n\n(c) if the determination is attributable to the reduction, during the instalment period, of the person’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and\n\n(d) if the determination is attributable to the person’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; and\n\n(e) in any other case—the first day of the instalment period;\n\nso long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (c), (d) or (e) and before the determination is made.\n\n(2B) If:\n\n(a) an adverse determination is made in relation to a person following the person’s having informed the Department of the occurrence of an event or change of circumstances; and\n\n(b) the determination is made because, in an instalment period of the person, either:\n\n(i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or\n\n(ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and\n\n(c) the person’s student income bank balance is reduced to nil during the instalment period;\n\nthe determination takes effect on:\n\n(d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and\n\n(e) if the determination is attributable to the person’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil;\n\nso long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (d) or (e) and before the determination is made.\n\n(2D) If the Secretary makes a determination under section 79 (rate reduction determination) as a result of a revised estimate of the amount of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.\n\n(2E) If the Secretary makes a determination under section 79 (rate reduction determination) as a result of a review required by section 126A (review of determination of youth allowance rate in relation to maintenance income), the determination takes effect on the date that would give full effect to the decision on review.\n\n(3) If:\n\n(a) an adverse determination is made in relation to a person because of point 1064‑E3, 1066A‑F2A, 1067G‑H25, 1067L‑D24, 1068‑G8A, 1068A‑E13 or 1068B‑D21, or Division 3 of Part 3.14, of the 1991 Act; and\n\n(b) a social security payment has been paid to the person or the person’s partner when, because of the payment of arrears of periodic compensation payments, the payment should have been cancelled or suspended;\n\nthe determination takes effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.\n\n(4) If:\n\n(a) an adverse determination is made in relation to a person because of point 1064‑E3, 1066A‑F2A, 1067G‑H25, 1067L‑D24, 1068‑G8A, 1068A‑E13 or 1068B‑D21, or Division 3 of Part 3.14, of the 1991 Act; and\n\n(b) the rate at which a social security payment was paid to the person or the person’s partner was, because of the payment of arrears of periodic compensation payments, higher than the rate at which the payment should have been paid;\n\nthe determination takes effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.\n\n(5) Subject to subsections (5A) and (5B), if the adverse determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.\n\n(5A) If an adverse determination is made in relation to a person who has not reached pension age:\n\n(a) following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and\n\n(b) because the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period;\n\nthe determination takes effect on:\n\n(c) if the determination is attributable to the reduction, during the instalment period, of the person’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and\n\n(d) if the determination is attributable to the person’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; and\n\n(e) in any other case—the first day of the instalment period.\n\n(5B) If:\n\n(a) an adverse determination is made in relation to a person following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and\n\n(b) the determination is made because, in the instalment period, either:\n\n(i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or\n\n(ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and\n\n(c) the person’s student income bank balance is reduced to nil during the instalment period;\n\nthe determination takes effect on:\n\n(d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and\n\n(e) if the determination is attributable to the person’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil.\n\n(6) Subject to subsections (6A) and (6B), if:\n\n(a) a person and his or her partner (the partner) are each receiving a social security payment; and\n\n(b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and\n\n(c) the notice relates to the payment of the partner’s social security payment in respect of a period specified in the notice; and\n\n(d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and\n\n(e) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment;\n\nthe determination takes effect on the day on which the matter arose.\n\n(6A) If:\n\n(a) a person and his or her partner (the partner) are each receiving a social security payment; and\n\n(b) the partner has not reached pension age; and\n\n(c) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and\n\n(d) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and\n\n(e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and\n\n(f) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment; and\n\n(g) the determination is made because the partner is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period;\n\nthe determination takes effect on:\n\n(h) if the adverse determination is attributable to the reduction, during the instalment period, of the partner’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and\n\n(i) if the determination is attributable to the partner’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day of the instalment period on which the opening balance was nil; and\n\n(j) in any other case—the first day of the instalment period.\n\n(6B) If:\n\n(a) a person and his or her partner (the partner) are each receiving a social security payment; and\n\n(b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and\n\n(c) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and\n\n(d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and\n\n(e) the partner’s student income bank balance is reduced to nil during the instalment period; and\n\n(f) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment; and\n\n(g) the determination is made because, in the instalment period, either:\n\n(i) the partner earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or","sortOrder":1000021},{"sectionNumber":"full-source-retrieval-0023","sectionType":"document_chunk","heading":"Document excerpt 23","content":"(ii) the partner has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income;\n\nthe determination takes effect on:\n\n(h) if the determination is attributable to the reduction of the partner’s student income bank balance to nil—the day on which the balance was so reduced; and\n\n(i) if the determination is attributable to the partner’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the partner’s opening balance was nil.\n\n(7) If:\n\n(a) the person whose social security payment is affected by the adverse determination has contravened a provision of this Act or a provision of the 1991 Act (other than an excluded provision); and\n\n(b) the contravention causes a delay in the making of the determination;\n\nthe adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.\n\n(7A) Subsection (7) does not apply to a determination under subsection 81(3).\n\n(8) If:\n\n(a) a person has made a false statement or misrepresentation; and\n\n(b) because of the false statement or misrepresentation, a social security payment has been paid to a person when it should have been cancelled or suspended;\n\nthe adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.\n\n(9) If:\n\n(a) a person has made a false statement or misrepresentation; and\n\n(b) because of the false statement or misrepresentation, the rate at which a social security payment was paid to a person was higher than it should have been;\n\nthe adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.\n\n(11) If:\n\n(a) a person’s social security payment is suspended under section 80, 81 or 82; and\n\n(b) the payment is subsequently cancelled under section 80, 81 or 82;\n\nthe determination by which the payment is cancelled takes effect on the day on which the payment was suspended.\n\n(11A) Despite subsection (11), a determination under section 80 or subsection 81(3) cancelling a person’s social security payment that has already been suspended under subsection 81(3) takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.\n\n(12) An adverse determination in relation to telephone allowance takes effect:\n\n(a) on the day on which it is made; or\n\n(b) if a later day is specified in the determination, on that day.\n\n(12A) If:\n\n(a) a decision (the social security decision) was made that rent assistance (the social security rent assistance) was to be included when calculating a person’s rate of social security payment for each day in a period; and\n\n(b) the condition in subsection (12B) is met for each day in that period (which is about rent assistance also being included in family tax benefit); and\n\n(c) because the inclusion of the social security rent assistance was contrary to Part 3.7 of the 1991 Act, an adverse determination is made to reduce the rate of, or cancel, the person’s social security payment for each day in that period;\n\nthe adverse determination takes effect on the first day of that period.\n\n(12B) The condition in this subsection is met for each day in a period if:\n\n(a) both of the following apply:\n\n(i) the person was a member of a couple (other than an illness separated couple, a respite care couple or a temporarily separated couple) on each day in the period;\n\n(ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person’s, or the person’s partner’s, Part A rate of family tax benefit for each day in the period; or\n\n(b) both of the following apply:\n\n(i) the person was not a member of a couple, or was a member of an illness separated couple, a respite care couple, or a temporarily separated couple, on each day in the period;\n\n(ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person’s Part A rate of family tax benefit for each day in the period; or\n\n(c) all of the following apply:\n\n(i) when the social security decision was made, no determination of a kind mentioned in subparagraph (a)(ii) or (b)(ii) (as the case requires) was in force;\n\n(ii) after the social security decision was made, such a determination was made;\n\n(iii) each day in the period either is, or comes after, the day on which the determination was made.\n\n(12C) If:\n\n(a) an adverse determination is made under section 80 suspending the payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit to a person; and\n\n(b) the determination was made because of the application of:\n\n(i) subsection 42P(1) or 42S(1) (if the payment is a participation payment and the person is a declared program participant); or\n\n(ii) section 550B or 551 of the 1991 Act (if the payment is a youth allowance); or\n\n(iii) section 576A or 577 of the 1991 Act (if the payment is an austudy payment);\n\nthe determination is taken to have taken effect on the day of the start of the period for which the payment, allowance or benefit is not payable because of that section.\n\n(12D) However, subsection (12C) does not apply to an adverse determination if the determination would take effect on an earlier day under another provision of this Act.\n\n(13) In any other case, an adverse determination takes effect:\n\n(a) on the day on which it is made; or\n\n(b) if a later day is specified in the determination, on that day.\n\n(14) For the purposes of subsection (7), the excluded provisions are:\n\n(a) subsections 67(2), 68(2) and 69(2) of this Act to the extent that they relate to the giving of a notice requiring a person to give a statement to the Department; and\n\n(b) sections 192, 193, 194 and 195 of this Act.\n\n120  Additional rules in the case of carer payment\n\n(1) If:\n\n(a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and\n\n(b) the determination is based on an assessment of the taxable income of the care receiver, or any of the care receivers, for a tax year; and\n\n(c) the assessment is subsequently amended by the Commissioner of Taxation, a tribunal or a court; and\n\n(d) as a result of the amendment of the assessment, the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, is more than the income ceiling under section 198A of the 1991 Act; and\n\n(e) the Secretary makes a determination under section 80 cancelling or suspending the carer payment;\n\nthe adverse determination takes effect on the day on which the earlier determination took effect.\n\n(2) If:\n\n(a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and\n\n(b) in making the determination, the Secretary had regard to the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, for a tax year; and\n\n(c) the taxable income of the care receiver or any of the care receivers is or includes an amount estimated by:\n\n(i) in the case of a care receiver who is a higher ADAT score adult—the care receiver or the care receiver’s partner; or\n\n(ii) in the case of a care receiver who is a sole care child, combined care child or multiple care child—the parent of the care receiver, the parent’s partner (if the parent is a member of a couple) or the carer; or\n\n(iii) in the case of a care receiver who is a lower ADAT score adult—the carer or the care receiver’s partner; or\n\n(iv) in the case of a care receiver who is a dependent child of a lower ADAT score adult—the carer or the care receiver’s parent; and\n\n(d) the Commissioner of Taxation subsequently makes an assessment of that taxable income; and\n\n(e) as a result of the assessment, the taxable income of the care receiver or the sum of the taxable incomes of the care receivers is more than the income ceiling under section 198A of the 1991 Act; and\n\n(f) the Secretary makes a determination under section 80 cancelling or suspending the carer payment;\n\nthe adverse determination takes effect on the day on which the earlier determination took effect.\n\n(3) If:\n\n(a) on the basis of the taxable income for a tax year of a care receiver who is a higher ADAT score adult, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and\n\n(b) the care receiver’s taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;\n\nthe adverse determination takes effect:\n\n(d) if the Secretary made the determination under section 80 after the carer or care receiver informed the Department that the care receiver’s taxable income exceeded the income ceiling—on the day on which the carer or care receiver informed the Department; or\n\n(e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the care receiver that the care receiver’s taxable income exceeded the income ceiling—on the day on which the care receiver’s taxable income exceeded the income ceiling.\n\n(4) If:\n\n(a) on the basis of the taxable income for a tax year of a care receiver who is a sole care child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and\n\n(b) the care receiver’s taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;\n\nthe adverse determination takes effect:\n\n(d) if the Secretary made the determination under section 80 after the parent or carer of the child informed the Department that the care receiver’s taxable income exceeded the income ceiling—on the day on which the parent or carer informed the Department; or\n\n(e) if, when the Secretary made the determination under section 80, the Department had not been informed by the parent or carer that the care receiver’s taxable income exceeded the income ceiling—on the day on which the care receiver’s taxable income exceeded the income ceiling.\n\n(5) If:\n\n(a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are combined care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and\n\n(b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;\n\nthe adverse determination takes effect:\n\n(d) if the Secretary made the determination under section 80 after a parent or carer of any of the children informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the parent or carer informed the Department; or\n\n(e) if, when the Secretary made the determination under section 80, the Department had not been informed by a parent or carer of any of the children that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes of the care receivers exceeded the income ceiling.\n\n(5A) If:\n\n(a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and one or more multiple care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and\n\n(b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;\n\nthe adverse determination takes effect:\n\n(d) if the Secretary made the determination under section 80 after the carer or the lower ADAT score adult informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or\n\n(e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the lower ADAT score adult that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes exceeds the income ceiling.\n\n(6) If:\n\n(a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and a dependent child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and\n\n(b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and\n\n(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;\n\nthe adverse determination takes effect:\n\n(d) if the Secretary made the determination under section 80 after the carer, the lower ADAT score adult or a parent of the dependent child informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or\n\n(e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer, the lower ADAT score adult or a parent of the dependent child that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes exceed the income ceiling.\n\nSubdivision E—Date of effect of adverse determinations relating to concession cards\n\n121  Definition\n\nIn this Subdivision:\n\nadverse determination means a determination under subsection 77(1) or (3) determining that a seniors health card, or a health care card that is income‑tested for a person, is to be cancelled or under section 86 or 87.\n\n122  Date of effect of adverse determinations\n\nAn adverse determination takes effect:\n\n(a) on the day on which it is made; or\n\n(b) if a later day is specified in the determination, on that day.\n\nDivision 10—Continuing effect of determinations\n\n123  Continuing effect of determinations\n\n(1) A determination that:\n\n(a) a person’s claim for a social security payment is granted; or\n\n(b) a social security payment is payable to a person;\n\ncontinues in effect until:\n\n(ba) the payment is cancelled by section 38M of the 1991 Act, or subsection 42AM(4) or section 42AP of this Act; or\n\n(bb) immediately before the start of a payment suspension period for the person under section 42AL; or\n\n(c) a further determination in relation to the payment under section 80, 81 or 82, subsection 95C(1) or section 124H, 124M or 124NF takes effect; or\n\n(d) the payment ceases to be payable under section 90, 91, 93, 94 or 95; or\n\n(e) the end of the day immediately before the day on which the person dies.\n\n(2) A determination that a person is qualified for a concession card continues in effect until:\n\n(a) a further determination under subsection 77(1) or (3) or section 86 or 87 takes effect; or\n\n(b) the person ceases to be qualified under section 104 or 105.\n\n(3) A determination of the rate of a social security payment continues in effect until:\n\n(a) a further determination in relation to the payment under section 78, 79, 81A or 85A takes effect; or\n\n(b) the payment becomes payable at a lower rate under section 98, 99 or 100.\n\nDivision 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator\n\n123AA  Estimate of maintenance income for Youth Allowance Rate Calculator\n\n(1) In working out the annualised amount of maintenance income for the parent of a person for the purposes of the maintenance income test in Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the Secretary may have regard to an estimate of the amount of maintenance income for a period made by, or given to, the Secretary, if the Secretary is satisfied that the estimate is reasonable.\n\n(2) If the Secretary has no reason to believe that there is any amount of maintenance income for the parent of the person for the period, the Secretary is taken to have had regard to an estimate of nil.\n\n123AB  Verification of maintenance income for Youth Allowance Rate Calculator\n\n(1) The method statement in this section applies if the Secretary is required by section 126A to review one or more decisions determining a rate of youth allowance for a person for a period or periods in an income year.\n\nMethod statement\n\nStep 1. Work out the amount of maintenance income for a parent of the person for the income year using the information referred to in paragraph 126A(c). In doing so:\n\n(a) assume that the person is an FTB child of the parent for the year; and\n\n(b) only take into account maintenance income received in relation to the person; and\n\n(c) in working out whether maintenance income is received in relation to the person, have regard to the considerations that would apply under the Family Assistance Act.\n\nThis amount is the parent’s actual maintenance income for the income year.","sortOrder":1000022},{"sectionNumber":"full-source-retrieval-0024","sectionType":"document_chunk","heading":"Document excerpt 24","content":"Step 2. Work out the annualised maintenance income free area for the parent for the income year under section 123AC.\n\nStep 3. Work out the annual amount of estimated maintenance income for the parent under section 123AD.\n\nStep 4. Go to subsection (2) if the actual maintenance income is equal to or more than the annual amount of estimated maintenance income and either:\n\n(a) the actual maintenance income is less than 125% of the annualised maintenance income free area; or\n\n(b) the actual maintenance income is equal to or more than 125% of the annualised maintenance income free area and the actual maintenance income is less than 125% of the annual amount of estimated maintenance income.\n\nStep 5. Go to subsection (3) in any other case.\n\n(2) If the method statement says go to this subsection, the Secretary must affirm the decision or decisions under review.\n\n(3) If the method statement says go to this subsection, the Secretary must recalculate the person’s rate of youth allowance having regard to the parent’s actual maintenance income for the income year and vary or substitute the decision or decisions under review accordingly.\n\n123AC  Annualised maintenance income free area\n\nFor the purposes of the method statement in section 123AB, work out the annualised maintenance income free area for a parent of the person for the income year using this method statement.\n\nMethod statement\n\nStep 1. Using Submodule 4 of Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, work out whether the maintenance income free area (the MIFA) for the parent was the same on all days in the income year. If it was, then that MIFA is the annualised maintenance income free area for the parent for the income year.\n\nStep 2. If the MIFA for the parent was not the same on all days in the income year, work out for how many days in the income year each MIFA applied.\n\nStep 3. Work out the MIFA share for each such period by using this formula:\n\n![Start formula MIFA times start fraction Number of days in the period over Number of days in the income year end fraction end formula](image.005.png)\n\nStep 4. Add up the MIFA share for each such period in the income year. The result is the annualised maintenance income free area for the parent for the income year.\n\n123AD  Annual amount of estimated maintenance income\n\nFor the purposes of the method statement in section 123AB, work out the annual amount of estimated maintenance income for a parent of a person using this method statement.\n\nMethod statement\n\nStep 1. For each estimate of maintenance income of a parent of a person that applied in relation to a period in the income year, work out the annualised estimate by multiplying the amount of the estimate by:\n\n![Start formula start fraction Number of days in income year over Number of days in income year for which estimate applied end fraction end formula](image.006.png)\n\nStep 2. For each annualised estimate worked out in step 1 for the income year, work out the period estimate by multiplying the annualised estimate by:\n\n![Start formula start fraction Number of days in income year for which estimate applied over Number of days in income year end fraction end formula](image.007.png)\n\nStep 3. Add up all the period estimates for periods that occurred in the income year. This is the annual amount of estimated maintenance income for the parent for the income year.\n\nPart 3A—Nominees\n\nDivision 1—Preliminary\n\n123A  Definitions\n\nIn this Part:\n\ncorrespondence nominee means a person who, by virtue of an appointment in force under section 123C, is the correspondence nominee of another person.\n\nnominee means a correspondence nominee or a payment nominee.\n\npayment nominee means:\n\n(a) a person who, by virtue of an appointment in force under section 123B, is the payment nominee of another person; or\n\n(b) a person to whom instalments of youth allowance of another person are to be paid in accordance with subsection 45(1).\n\nprincipal, in relation to a nominee, means:\n\n(a) in the case of a nominee appointed under section 123B or 123C, the person in relation to whom the nominee was appointed; or\n\n(b) in the case of a person to whom instalments of youth allowance are to be paid in accordance with subsection 45(1), the person on whose behalf those instalments are to be so paid.\n\nrelevant payment means:\n\n(a) instalments of a social security periodic payment; or\n\n(b) instalments of a special employment advance; or\n\n(c) a social security payment that is a lump sum benefit for the purposes of section 47; or\n\n(ca) a clean energy payment; or\n\n(d) instalments of utilities allowance; or\n\n(e) instalments of energy supplement under Part 2.25B of the 1991 Act; or\n\n(f) a payment of quarterly pension supplement; or\n\n(g) a payment of a student start‑up loan.\n\nDivision 2—Appointment of nominees\n\n123B  Appointment of payment nominee\n\nSubject to section 123D, the Secretary may, in writing:\n\n(a) appoint a person (including a body corporate) to be the payment nominee of another person for the purposes of the social security law; and\n\n(b) direct that the whole or a specified part of a specified relevant payment that is payable to the nominee’s principal, or would, but for subsection 45(1), be so payable, is to be paid to the nominee.\n\n123C  Appointment of correspondence nominee\n\nSubject to section 123D, the Secretary may, in writing, appoint a person (including a body corporate) to be the correspondence nominee of another person for the purposes of the social security law.\n\n123D  Provisions relating to appointments\n\n(1) A person may be appointed as the payment nominee and the correspondence nominee of the same person.\n\n(2) The Secretary must not appoint a nominee for a person (the proposed principal) under section 123B or 123C except:\n\n(a) with the written consent of the person to be appointed; and\n\n(b) after taking into consideration the wishes (if any) of the proposed principal regarding the making of such an appointment.\n\n(3) The Secretary must cause a copy of an appointment under section 123B or 123C to be given to:\n\n(a) the nominee; and\n\n(b) the principal.\n\n(4) The Secretary must not appoint a payment nominee for a person who is the holder of a concession card but is not receiving a social security payment.\n\n123E  Suspension and revocation of nominee appointments\n\n(1) If a person who is a nominee by virtue of an appointment under section 123B or 123C informs the Secretary in writing that the person no longer wishes to be a nominee under that appointment, the Secretary must, as soon as practicable, revoke the appointment.\n\n(2) If:\n\n(a) the Secretary gives a person who is a nominee a notice under section 123K; and\n\n(b) the person informs the Department that:\n\n(i) an event or change of circumstances has occurred or is likely to occur; and\n\n(ii) the event or change of circumstances is likely to have an effect referred to in paragraph 123K(1)(b);\n\nthe Secretary may suspend or revoke the appointment by virtue of which the person is a nominee.\n\n(3) If:\n\n(a) the Secretary gives a person who is a nominee a notice under section 123K or 123L; and\n\n(b) the person does not comply with the requirement of the notice;\n\nthe Secretary may suspend or revoke the appointment, or each appointment, by virtue of which the person is a nominee.\n\n(4) While an appointment is suspended, the appointment has no effect for the purposes of this Part.\n\n(5) The Secretary may, at any time, cancel the suspension of an appointment under subsection (2) or (3).\n\n(6) The suspension or revocation of an appointment, and the cancellation of such a suspension, must be in writing.\n\n(7) The revocation of an appointment has effect on and from such day, being later than the day of the revocation, as is specified in the revocation.\n\n(8) Subsections (2) and (3) do not apply to a person who is a payment nominee by virtue of paragraph (b) of the definition of payment nominee in section 123A.\n\n(9) The Secretary must cause a copy of:\n\n(a) a suspension of an appointment; or\n\n(b) a revocation of an appointment; or\n\n(c) a cancellation of a suspension of an appointment;\n\nto be given to:\n\n(d) the nominee; and\n\n(e) the principal.\n\nDivision 3—Payments to payment nominee\n\n123F  Payment of instalments etc. to payment nominee\n\n(1) If:\n\n(a) a person has a payment nominee; and\n\n(b) the whole or a part of a relevant payment is payable to the person, or would, but for subsection 45(1), be so payable; and\n\n(c) the Secretary has given a direction in relation to the relevant payment under section 123B;\n\nthe relevant payment is to be paid in accordance with the direction.\n\n(2) An amount paid to the payment nominee of a person:\n\n(a) is paid to the payment nominee on behalf of the person; and\n\n(b) is taken, for the purposes of the social security law (other than this Part), to have been paid to the person and to have been so paid when it was paid to the nominee.\n\n(3) An amount that is to be paid to the payment nominee of a person must be paid to the credit of a bank account nominated and maintained by the nominee.\n\n(4) The Secretary may direct that the whole or a part of an amount that is to be paid to a payment nominee be paid to the payment nominee in a different way from that provided for by subsection (3). If the Secretary gives such a direction, an amount to which the direction relates is to be paid in accordance with the direction.\n\n(5) Subsections (3) and (4) do not apply in the case of a person who is a payment nominee by virtue of paragraph (b) of the definition of payment nominee in section 123A.\n\nDivision 4—Functions and responsibilities of nominees\n\n123G  Definition\n\nIn this Division:\n\nbenefit recipient means a person who:\n\n(a) has made a claim for, or is receiving, a social security payment; or\n\n(b) has made a claim for, or is the holder of, a concession card.\n\n123H  Actions of correspondence nominee on behalf of benefit recipient\n\n(1) Subject to section 123S and subsection (4), any act that may be done by a benefit recipient under, or for the purposes of, the social security law (other than an act for the purposes of Division 2 or 3) may be done by the benefit recipient’s correspondence nominee.\n\n(2) Without limiting subsection (1), an application or claim that may be made under the social security law by a benefit recipient may be made by the benefit recipient’s correspondence nominee on behalf of the benefit recipient, and an application or claim so made is taken to be made by the benefit recipient.\n\n(3) An act done by a benefit recipient’s correspondence nominee under this section has effect, for the purposes of the social security law (other than this Part), as if it had been done by the benefit recipient.\n\n(4) If, under a provision of the social security law, the Secretary:\n\n(a) gives to a benefit recipient who has a correspondence nominee a notice making a requirement of the benefit recipient; or\n\n(b) notifies a benefit recipient who has a correspondence nominee that the benefit recipient is required to do an act;\n\nsubsection (1) does not authorise the correspondence nominee to do an act that is required by the notice or the notification, as the case may be, to be done by the benefit recipient.\n\n123I  Giving of notices to correspondence nominee\n\n(1) Any notice that the Secretary is authorised or required by the social security law to give to a benefit recipient may be given by the Secretary to the benefit recipient’s correspondence nominee.\n\n(2) The notice:\n\n(a) must, in every respect, be in the same form, and in the same terms, as if it were being given to the benefit recipient; and\n\n(b) may be given to the correspondence nominee personally or by post or in any other manner approved by the Secretary.\n\n(3) If:\n\n(a) under subsection (1), the Secretary gives a notice (the nominee notice) to a benefit recipient’s correspondence nominee; and\n\n(b) the Secretary afterwards gives the benefit recipient a notice that:\n\n(i) is expressed to be given under the same provision of the social security law as the nominee notice; and\n\n(ii) makes the same requirement of the benefit recipient as the nominee notice;\n\nsection 123J ceases to have effect in relation to the nominee notice.\n\n(4) If:\n\n(a) under subsection (1), the Secretary gives a notice (the nominee notice) to a benefit recipient’s correspondence nominee; and\n\n(b) the Secretary has already given to the benefit recipient a notice that:\n\n(i) is expressed to be given under the same provision of the social security law as the nominee notice; and\n\n(ii) makes the same requirement of the benefit recipient as the nominee notice;\n\nsection 123J does not have effect in relation to the nominee notice.\n\n123J  Compliance by correspondence nominee\n\n(1) If, under section 123I, a notice is given to a benefit recipient’s correspondence nominee, the following paragraphs have effect:\n\n(a) for the purposes of the social security law, other than this Part, the notice is taken:\n\n(i) to have been given to the benefit recipient; and\n\n(ii) to have been so given on the day on which the notice was given to the correspondence nominee;\n\n(b) any requirement that the notice makes of the benefit recipient may be satisfied by the correspondence nominee;\n\n(c) any act done by the correspondence nominee for the purpose of satisfying a requirement of the notice has effect, for the purposes of the social security law (other than Part 6 of this Act), as if it had been done by the benefit recipient;\n\n(d) if the correspondence nominee fails to satisfy a requirement of the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement;\n\n(e) for the purposes of determining whether anything done by the correspondence nominee constitutes compliance with the notice, the social security law has effect as if a reference in the notice to the benefit recipient becoming aware that a specified event or change of circumstances is likely to occur were a reference to the correspondence nominee becoming so aware.\n\n(2) In order to avoid doubt, and without limiting subsection (1), it is declared as follows:\n\n(a) if the notice requires the benefit recipient to inform the Department of a matter within a specified period and the correspondence nominee informs the Department of the matter within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have complied with the requirement set out in the notice;\n\n(b) if the notice requires the benefit recipient to give a statement about a matter, or produce a document, to the Department within a specified period and the correspondence nominee gives a statement about that matter, or produces the document, as the case may be, to the Department within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have complied with the requirement set out in the notice;\n\n(c) if the notice requires the benefit recipient to inform the Department of a matter within a specified period and the correspondence nominee does not inform the Department of the matter within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement set out in the notice;\n\n(d) if the notice requires the benefit recipient to give a statement about a matter, or produce a document, to the Department within a specified period and the correspondence nominee does not give a statement about that matter, or produce the document, as the case may be, to the Department within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement set out in the notice.\n\n123K  Notification by nominee of matters affecting ability to act as nominee\n\n(1) The Secretary may give a nominee of a benefit recipient a notice that requires the nominee to inform the Department if:\n\n(a) either:\n\n(i) an event or change of circumstances occurs; or\n\n(ii) the nominee becomes aware that an event or change of circumstances is likely to occur; and\n\n(b) the event or change of circumstances is likely to affect:\n\n(i) the ability of the nominee to act as the payment nominee or correspondence nominee of the benefit recipient, as the case may be; or\n\n(ii) the ability of the Secretary to give notices to the nominee under this Act; or\n\n(iii) the ability of the nominee to comply with notices given to the nominee by the Secretary under this Act.\n\n(2) Subject to subsection (3), a notice under subsection (1):\n\n(a) must be in writing; and\n\n(b) may be given personally or by post or by any other means approved by the Secretary; and\n\n(c) must specify how the nominee is to give the information to the Department; and\n\n(d) must specify the period within which the nominee is to give the information to the Department.\n\n(3) A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).\n\n(4) Subject to subsection (5), the period specified under paragraph (2)(d) must not end earlier than 14 days after:\n\n(a) the day on which the event or change of circumstances occurs; or\n\n(b) the day on which the nominee becomes aware that the event or change of circumstances is likely to occur.\n\n(5) If a notice requires the nominee to inform the Department of any proposal by the nominee to leave Australia, subsection (4) does not apply to that requirement.\n\n(6) This section extends to:\n\n(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and\n\n(b) all persons, irrespective of their nationality or citizenship.\n\n123L  Statement by payment nominee regarding disposal of money","sortOrder":1000023},{"sectionNumber":"full-source-retrieval-0025","sectionType":"document_chunk","heading":"Document excerpt 25","content":"(1) The Secretary may give the payment nominee of a benefit recipient a notice that requires the nominee to give the Department a statement giving particulars of the disposal by the nominee of money paid under the social security law to the nominee on behalf of the benefit recipient.\n\n(2) Subject to subsection (3), a notice under subsection (1):\n\n(a) must be in writing; and\n\n(b) may be given personally or by post or by any other means approved by the Secretary; and\n\n(c) must specify how the nominee is to give the statement to the Department; and\n\n(d) must specify the period within which the nominee is to give the statement to the Department.\n\n(3) A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).\n\n(4) The period specified under paragraph (2)(d) must not end earlier than 14 days after the day on which the notice is given.\n\n(5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.\n\n(6) A nominee must not refuse or fail to comply with a notice under subsection (1).\n\nPenalty: 60 penalty units.\n\n(7) Subsection (6) applies only to the extent to which the person is capable of complying with the notice.\n\n(8) Subsection (6) does not apply if the person has a reasonable excuse.\n\n(9) An offence against subsection (6) is an offence of strict liability.\n\n(10) This section extends to:\n\n(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and\n\n(b) all persons, irrespective of their nationality or citizenship.\n\nDivision 5—Other matters\n\n123M  Protection of principal against liability for actions of nominee\n\nNothing in this Part has the effect of rendering a person guilty of an offence against this Act in respect of any act or omission of the person’s correspondence nominee.\n\n123N  Protection of nominee against criminal liability\n\n(1) A nominee is not subject to any criminal liability under the social security law in respect of:\n\n(a) any act or omission of the principal; or\n\n(b) anything done, in good faith, by the nominee in his or her capacity as nominee.\n\n(2) This section has effect subject to section 123L.\n\n123O  Duty of nominee to principal\n\n(1) It is the duty of a person who is the payment or correspondence nominee of another person at all times to act in the best interests of the principal.\n\n(2) A nominee does not commit a breach of the duty imposed by subsection (1) by doing an act if, when the act is done, there are reasonable grounds for believing that it is in the best interests of the principal that the act be done.\n\n(3) A nominee does not commit a breach of the duty imposed by subsection (1) by refraining from doing an act if, at the relevant time, there are reasonable grounds for believing that it is in the best interests of the principal that the act be not done.\n\n123P  Saving of Secretary’s powers of revocation\n\nNothing in this Part is to be taken to be an expression of a contrary intention for the purposes of subsection 33(3) of the Acts Interpretation Act 1901.\n\n123Q  Saving of Secretary’s powers to give notices to principal\n\nNothing in this Part is intended in any way to limit or affect the Secretary’s powers under other provisions of the social security law to give notices to, or make requirements of, a person who has a nominee.\n\n123R  Notification of nominee where notice given to principal\n\nIf, under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee, the Secretary may inform the correspondence nominee of the giving of the notice and of the terms of the notice.\n\n123S  Right of nominee to attend with principal\n\n(1) If:\n\n(a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and\n\n(b) the notice requires the person:\n\n(i) to attend the Department; or\n\n(ii) to attend a particular place; and\n\n(c) the Secretary informs the person’s correspondence nominee of the giving of the notice;\n\nthe correspondence nominee may attend the Department or place, as the case may be, with the person if the person so wishes.\n\n(2) If:\n\n(a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and\n\n(b) the notice requires the person to undergo a medical, psychiatric or psychological examination;\n\nthe correspondence nominee may accompany the person while the examination is being conducted:\n\n(c) if the person so wishes; and\n\n(d) to the extent to which the person conducting the examination consents.\n\n(3) If a person’s correspondence nominee is a body corporate, the last reference in subsection (1) or (2) to the correspondence nominee is to be read as a reference to an officer or employee of the correspondence nominee.\n\nPart 3AA—Enhanced income management regime\n\nDivision 1—Introduction\n\n123SA  Simplified outline of this Part\n\n• There is an enhanced income management regime for recipients of certain welfare payments.\n\n• A person may become subject to the enhanced income management regime because:\n\n(a) the Queensland Commission requires the person to be subject to the enhanced income management regime; or\n\n(b) a child protection officer of a State or Territory requires the person to be subject to the enhanced income management regime; or\n\n(c) the person, or the person’s partner, has a child who does not meet school enrolment requirements; or\n\n(d) the person, or the person’s partner, has a child who has unsatisfactory school attendance; or\n\n(e) an officer or employee of a recognised State/Territory authority requires the person to be subject to the enhanced income management regime; or\n\n(f) the Secretary has determined that the person is a vulnerable welfare payment recipient; or\n\n(g) the person meets the criteria relating to disengaged youth; or\n\n(h) the person meets the criteria relating to long‑term welfare payment recipients; or\n\n(i) the person voluntarily agrees to be subject to the enhanced income management regime.\n\n• A person may also become subject to the enhanced income management regime in certain circumstances where the person requests to transfer from the income management regime under Part 3B.\n\n• Certain welfare payments are divided into qualified and unqualified portions, with the qualified portions being credited to a BasicsCard bank account. The amount of each portion may be varied by the Secretary. Recipients are unable to spend the qualified portions of such payments on certain goods or services such as alcohol, tobacco products or gambling.\n\n123SB  Definitions\n\nIn this Part:\n\napplicable school period has the meaning given by section 123SCG.\n\nbalance of the qualified portion, of a category B welfare payment, a category D welfare payment or a relevant payment, means:\n\n(a) if a deduction is to be made from, or an amount is to be set off against, the payment under:\n\n(i) section 61, 61A or 238 of this Act; or\n\n(ii) section 1231 of the 1991 Act; or\n\n(iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act;\n\nthe amount of the qualified portion of the payment less the amount of the deduction or the amount of the set‑off; or\n\n(b) in any other case—the amount of the qualified portion of the payment.\n\nBasicsCard bank account means a bank account of a kind determined by a legislative instrument made under section 123SU.\n\nBundaberg and Hervey Bay area means the area within the boundaries of the Division (within the meaning of the Commonwealth Electoral Act 1918) of Hinkler, as those boundaries were in force on 31 May 2018.\n\ncash‑like product includes the following:\n\n(a) a gift card, store card, voucher or similar article (whether in a physical or electronic form);\n\n(b) a money order, postal order or similar order (whether in a physical or electronic form);\n\n(c) digital currency.\n\ncategory A welfare payment means:\n\n(a) a social security benefit; or\n\n(b) a social security pension; or\n\n(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.\n\ncategory B welfare payment means:\n\n(a) a category A welfare payment; or\n\n(b) double orphan pension; or\n\n(c) family tax benefit under the Family Assistance Act; or\n\n(d) family tax benefit advance under the Family Assistance Administration Act; or\n\n(e) stillborn baby payment under the Family Assistance Act; or\n\n(f) carer allowance; or\n\n(g) child disability assistance; or\n\n(h) carer supplement; or\n\n(i) mobility allowance; or\n\n(j) pensioner education supplement; or\n\n(k) telephone allowance under Part 2.25 of the 1991 Act; or\n\n(l) utilities allowance under Part 2.25A of the 1991 Act; or\n\n(m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n(n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n(o) a social security bereavement payment; or\n\n(p) an advance payment under Part 2.22 of the 1991 Act; or\n\n(q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n(r) a mobility allowance advance under section 1045 of the 1991 Act.\n\ncategory C welfare payment means:\n\n(a) youth allowance; or\n\n(b) jobseeker payment; or\n\n(c) special benefit; or\n\n(d) pension PP (single); or\n\n(e) benefit PP (partnered).\n\ncategory D welfare payment means:\n\n(a) a social security benefit; or\n\n(b) a disability support pension; or\n\n(c) a carer payment; or\n\n(d) a pension PP (single); or\n\n(e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or\n\n(f) double orphan pension; or\n\n(g) family tax benefit under the Family Assistance Act; or\n\n(h) family tax benefit advance under the Family Assistance Administration Act; or\n\n(i) stillborn baby payment under the Family Assistance Act; or\n\n(j) carer allowance; or\n\n(k) child disability assistance; or\n\n(l) carer supplement; or\n\n(m) mobility allowance; or\n\n(n) pensioner education supplement; or\n\n(o) telephone allowance under Part 2.25 of the 1991 Act; or\n\n(p) utilities allowance under Part 2.25A of the 1991 Act; or\n\n(q) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n(r) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n(s) a social security bereavement payment; or\n\n(t) an advance payment under Part 2.22 of the 1991 Act; or\n\n(u) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n(v) a mobility allowance advance under section 1045 of the 1991 Act.\n\ncategory F welfare payment means:\n\n(a) a social security benefit; or\n\n(b) a disability support pension; or\n\n(c) a carer payment; or\n\n(d) a pension PP (single); or\n\n(e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.\n\ncategory G welfare payment means:\n\n(a) a category F welfare payment; or\n\n(b) double orphan pension; or\n\n(c) family tax benefit under the Family Assistance Act; or\n\n(d) family tax benefit advance under the Family Assistance Administration Act; or\n\n(e) stillborn baby payment under the Family Assistance Act; or\n\n(f) carer allowance; or\n\n(g) child disability assistance; or\n\n(h) carer supplement; or\n\n(i) mobility allowance; or\n\n(j) pensioner education supplement; or\n\n(k) telephone allowance under Part 2.25 of the 1991 Act; or\n\n(l) utilities allowance under Part 2.25A of the 1991 Act; or\n\n(m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n(n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n(o) a social security bereavement payment; or\n\n(p) an advance payment under Part 2.22 of the 1991 Act; or\n\n(q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n(r) a mobility allowance advance under section 1045 of the 1991 Act.\n\nCeduna area means Ceduna within the meaning of the Social Security (Administration) (Trial Area — Ceduna and Surrounding Region) Determination 2015 as in force on 15 March 2016 and includes the Surrounding Region (within the meaning of that determination as so in force).\n\nchild protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.\n\ndeclared child protection State or Territory has the meaning given by subsection 123SCA(7).\n\ndeclared primary school area has the meaning given by subsection 123SCF(1).\n\ndeclared secondary school area has the meaning given by subsection 123SCF(3).\n\nEast Kimberley area means East Kimberley within the meaning of the Social Security (Administration) (Trial Area – East Kimberley) Determination 2016 as in force on 26 April 2016 and includes the areas of each of the Included Communities (within the meaning of that determination as so in force).\n\neligible care child has the meaning given by section 123SCD.\n\neligible care period has the meaning given by section 123SCE.\n\neligible recipient has the same meaning as in Part 3B.\n\nequivalent rate of special benefit, in relation to a person, means a rate of special benefit equivalent to the maximum basic rate of youth allowance that the person would receive if the person were qualified for youth allowance.\n\nexcluded goods has the same meaning as in Part 3B.\n\nexcluded service has the same meaning as in Part 3B.\n\nexempt welfare payment recipient has the meaning given by section 123SDB, 123SDC or 123SDD.\n\nfamily law order means:\n\n(a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or\n\n(b) a family violence order within the meaning of section 4 of that Act; or\n\n(c) a State child order registered under section 70D of that Act; or\n\n(d) an overseas child order registered under section 70G of that Act.\n\nfull‑time student has the meaning given by section 123SDE.\n\nGoldfields area means the following Local Government Areas as at 7 February 2018:\n\n(a) the Shire of Leonora;\n\n(b) the Shire of Laverton;\n\n(c) the City of Kalgoorlie‑Boulder;\n\n(d) the Shire of Coolgardie;\n\n(e) the Shire of Menzies.\n\nLocal Government Areas means areas designated by the Governor of Western Australia to be a city, town or shire, in accordance with the Local Government Act 1995 (WA).\n\nparenting plan has the same meaning as in the Family Law Act 1975.\n\nPart 3B payment nominee has the same meaning as in Part 3B.\n\nqualified portion:\n\n(a) of a category B welfare payment:\n\n(i) for a person who is subject to the enhanced income management regime under section 123SC—has the meaning given by section 123SJ; or\n\n(ii) for a person who is subject to the enhanced income management regime under section 123SCA—has the meaning given by section 123SLA; or\n\n(iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC—has the meaning given by section 123SLD; or\n\n(iv) for a person who is subject to the enhanced income management regime under section 123SCJ—has the meaning given by section 123SLG; or\n\n(v) for a person who is subject to the enhanced income management regime under section 123SE—has the meaning given by section 123SP; or\n\n(b) of a category D welfare payment, has the meaning given by section 123SM; or\n\n(c) of a relevant payment, has the meaning given by section 123SLJ.\n\nQueensland Commission has the same meaning as in Part 3B.\n\nrecognised State/Territory authority has the meaning given by subsection 123SCK(1).\n\nregistered parenting plan has the same meaning as in the Family Law Act 1975.\n\nrelevant payment, for a person who is subject to the enhanced income management regime under section 123SCL, means:\n\n(a) if the person has been given a transfer notice referred to in paragraph 123SCL(3)(c) and the notice is in force—a category B welfare payment; or\n\n(b) otherwise—a category G welfare payment.\n\nrepeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.\n\nschool age child has the meaning given by section 123SDF.\n\nState/Territory authority means:\n\n(a) department, or a part of a department, of a State or Territory; or\n\n(b) a body of a State or Territory; or\n\n(c) an agency of a State or Territory.\n\nsubject to the enhanced income management regime has the meaning given by Division 2.\n\nunqualified portion:\n\n(a) of a category B welfare payment:\n\n(i) for a person who is subject to the enhanced income management regime under section 123SC—has the meaning given by section 123SJ; or\n\n(ii) for a person who is subject to the enhanced income management regime under section 123SCA—has the meaning given by section 123SLA; or\n\n(iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC—has the meaning given by section 123SLD; or\n\n(iv) for a person who is subject to the enhanced income management regime under section 123SCJ—has the meaning given by section 123SLG; or\n\n(v) for a person who is subject to the enhanced income management regime under section 123SE—has the meaning given by section 123SP; or\n\n(b) of a category D welfare payment, has the meaning given by section 123SM; or\n\n(c) of a relevant payment, has the meaning given by section 123SLJ.\n\nunsatisfactory school attendance situation has the meaning given by section 123SCH.\n\nvoluntary enhanced income management agreement has the meaning given by section 123SF.","sortOrder":1000024},{"sectionNumber":"full-source-retrieval-0026","sectionType":"document_chunk","heading":"Document excerpt 26","content":"voluntary enhanced income management area has the meaning given by subsection 123SF(5).\n\nDivision 2—Persons subject to the enhanced income management regime\n\nSubdivision A—Queensland Commission\n\n123SC  Persons subject to the enhanced income management regime—Queensland Commission\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and\n\n(b) the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and\n\n(c) the notice was given under a law of Queensland; and\n\n(d) at the test time, the notice had not been withdrawn or revoked and had not expired; and\n\n(e) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).\n\n(1A) Paragraph (1)(b) is taken to be satisfied if, on or after 6 March 2023, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.\n\n(2) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) on or after 6 March 2023 if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and\n\n(b) subsection (3) applies in relation to the person; and\n\n(c) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).\n\n(3) This subsection applies in relation to a person if:\n\n(a) immediately before 6 March 2023, subitem 97(2) or (4) of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 applies in relation to the person and a notice; and\n\n(b) immediately before 6 March 2023, the person was a program participant under section 124PGD.\n\n(4) Subsection (3) ceases to apply in relation to the person if on or after 6 March 2023 the notice referred to in paragraph (3)(a) is withdrawn or revoked by the Queensland Commission or expires.\n\n(5) This section applies on and after 6 March 2023 despite item 97 of Schedule 1 to the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020.\n\nSubdivision B—Child protection\n\n123SCA  Persons subject to the enhanced income management regime—child protection\n\nPerson given notice by a child protection officer\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and\n\n(b) a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and\n\n(c) the notice was given:\n\n(i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or\n\n(ii) in the exercise of the executive power of a State or Territory; and\n\n(d) at the test time, the notice is in force; and\n\n(e) at the test time, the State or Territory is a declared child protection State or Territory; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(g) at the test time, the person is not subject to the enhanced income management regime under section 123SC; and\n\n(h) subsection (2) or (3) of this section applies.\n\n(2) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n(3) This subsection applies if:\n\n(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n(c) at the test time, the transfer notice is in force; and\n\n(d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UC(1).\n\n(4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the income management regime under section 123UC.\n\nPerson who has a Part 3B payment nominee subject to any income management\n\n(5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is:\n\n(i) not subject to the enhanced income management regime under any other provision of this Division; and\n\n(ii) not subject to the income management regime (within the meaning of Part 3B); and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the enhanced income management regime under subsection (1); or\n\n(ii) subject to the income management regime under subsection 123UC(1).\n\n(6) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n(c) at the test time, the transfer notice is in force; and\n\n(d) at the test time, the person has a Part 3B payment nominee who is:\n\n(i) subject to the enhanced income management regime under subsection (1) of this section; or\n\n(ii) subject to the income management regime under subsection 123UC(1); and\n\n(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UC(2).\n\nDetermination\n\n(7) The Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.\n\nSubdivision C—School enrolment and attendance\n\n123SCB  Persons subject to the enhanced income management regime—school enrolment\n\nPerson who has a child who is not enrolled at school\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and\n\n(b) at the test time, the person, or the person’s partner, has an eligible care child; and\n\n(c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and\n\n(d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:\n\n(i) a primary school in a declared primary school area; or\n\n(ii) a secondary school in a declared secondary school area; and\n\n(e) at the test time, the eligible care child is not enrolled at:\n\n(i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or\n\n(ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(g) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and\n\n(h) at the test time, a determination under subsection (2) is not in force in relation to the person; and\n\n(i) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.\n\nIndividual determinations\n\n(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).\n\n(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).\n\n(4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).\n\n(5) A determination under subsection (2) is not a legislative instrument.\n\nMinister’s determination of conditions\n\n(6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(i).\n\nPerson who has a Part 3B payment nominee subject to enhanced income management\n\n(7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is subject to the enhanced income management regime under subsection (1).\n\nDocumentary evidence\n\n(8) If a person, or the person’s partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child’s enrolment at a school during a specified applicable school period.\n\n(9) A notice under subsection (8) must set out the effect of subsection (12).\n\n(10) The compliance period specified in a notice under subsection (8) must not be shorter than 7 days.\n\n(11) The Secretary may extend the compliance period specified in a notice under subsection (8).\n\n(12) If:\n\n(a) a person is given a notice under subsection (8); and\n\n(b) the person does not comply with the notice;\n\nthe Secretary may determine that subsection (1) has effect as if the eligible care child was not enrolled at any school at any time during the applicable school period specified in the notice.\n\n123SCC  Persons subject to the enhanced income management regime—school attendance\n\nPerson who has a child with unsatisfactory school attendance\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and\n\n(b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and\n\n(c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:\n\n(i) the person; or\n\n(ii) the person’s partner; and\n\n(d) at the test time, the child is enrolled at a school; and\n\n(e) if the school is a primary school—at the test time, the school is in a declared primary school area; and\n\n(f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and\n\n(g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123SCI; and\n\n(h) the whole or a part of an applicable school period in relation to the child occurred in the period:\n\n(i) beginning when the formal warning was given; and\n\n(ii) ending at the test time; and\n\n(i) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(j) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and\n\n(k) at the test time, a determination under subsection (2) is not in force in relation to the person; and\n\n(l) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.\n\nIndividual determinations\n\n(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).\n\n(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).\n\n(4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).\n\n(5) A determination under subsection (2) is not a legislative instrument.\n\nMinister’s determination of conditions\n\n(6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(l).\n\nPerson who has a Part 3B payment nominee subject to enhanced income management\n\n(7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is subject to the enhanced income management regime under subsection (1).\n\n123SCD  Eligible care child\n\nFor the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if:\n\n(a) at the particular time, the first person is a child for whom the other person is the principal carer; or\n\n(b) all of the following conditions are satisfied:\n\n(i) that time occurs during an eligible care period;\n\n(ii) under a family law order, registered parenting plan or parenting plan that is in force during the eligible care period, the first person is supposed to live or spend time with the other person;\n\n(iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the eligible care period, the first person would have been in the other person’s care for at least 14% of that period.\n\n123SCE  Eligible care period\n\n(1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a determination under subsection (2).\n\n(2) The Minister may, by legislative instrument, make a determination for the purposes of subsection (1).\n\n(3) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).\n\n(4) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section.\n\n123SCF  Declared primary school area and declared secondary school area\n\nDeclared primary school area\n\n(1) The Minister may, by legislative instrument, determine that:\n\n(a) a specified State; or\n\n(b) a specified Territory; or\n\n(c) a specified area;\n\nis a declared primary school area for the purposes of this Part.\n\n(2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school.\n\nDeclared secondary school area\n\n(3) The Minister may, by legislative instrument, determine that:\n\n(a) a specified State; or\n\n(b) a specified Territory; or\n\n(c) a specified area;\n\nis a declared secondary school area for the purposes of this Part.\n\n(4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school.\n\n123SCG  Applicable school period\n\n(1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a determination under subsection (2).\n\n(2) The Minister may, by legislative instrument, make a determination for the purposes of subsection (1).\n\n(3) A period ascertained under subsection (1) may be a recurring period.\n\n(4) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.\n\n(5) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section.\n\n123SCH  Unsatisfactory school attendance situation\n\n(1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a determination under subsection (2).\n\n(2) The Minister may, by legislative instrument, make a determination for the purposes of subsection (1).\n\n(3) However, an unsatisfactory school attendance situation does not exist in relation to a child if the child is not required, under a law of a State or Territory, to attend school in a State or Territory.\n\n(4) For the purposes of this Part, it is immaterial whether an unsatisfactory school attendance situation exists or has existed before or after the commencement of this section.\n\n123SCI  Formal warning—unsatisfactory school attendance situation\n\nIf:\n\n(a) a person is not subject to the enhanced income management regime under section 123SCC; and\n\n(b) the person, or the person’s partner, has an eligible care child; and\n\n(c) an unsatisfactory school attendance situation exists, or has existed, in relation to the eligible care child;\n\nthe Secretary may give the person a formal warning that the person, or the person’s partner, could become subject to the enhanced income management regime under section 123SCC if an unsatisfactory school attendance situation exists in relation to the eligible care child.","sortOrder":1000025},{"sectionNumber":"full-source-retrieval-0027","sectionType":"document_chunk","heading":"Document excerpt 27","content":"Subdivision D—Referrals by recognised State/Territory authority\n\n123SCJ  Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority\n\nPerson given notice by a recognised State/Territory authority\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and\n\n(b) an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and\n\n(c) the notice was given:\n\n(i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or\n\n(ii) in the exercise of the executive power of a State or Territory; and\n\n(d) at the test time, the notice is in force; and\n\n(e) at the test time, the State/Territory authority is a recognised State/Territory authority; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB or 123SCC; and\n\n(h) subsection (2) or (3) of this section applies.\n\n(2) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n(3) This subsection applies if:\n\n(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n(c) at the test time, the transfer notice is in force; and\n\n(d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(1).\n\n(4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.\n\nPerson who has a Part 3B payment nominee subject to any income management\n\n(5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is:\n\n(i) not subject to the enhanced income management regime under any other provision of this Division; and\n\n(ii) not subject to the income management regime (within the meaning of Part 3B); and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the enhanced income management regime under subsection (1); or\n\n(ii) subject to the income management regime under subsection 123UFAA(1).\n\n(6) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n(c) at the test time, the transfer notice is in force; and\n\n(d) at the test time, the person has a Part 3B payment nominee who is:\n\n(i) subject to the enhanced income management regime under subsection (1) of this section; or\n\n(ii) subject to the income management regime under subsection 123UFAA(1); and\n\n(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(2).\n\n123SCK  Recognised State/Territory authority\n\n(1) The Minister may, by legislative instrument, determine that:\n\n(a) a specified department, or a specified part of a department, of a State or Territory; or\n\n(b) a specified body of a State or Territory; or\n\n(c) a specified agency of a State or Territory;\n\nis a recognised State/Territory authority for the purposes of this Part.\n\nFunctions, powers or duties of officers or employees\n\n(2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.\n\nAppropriate review process\n\n(3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123SCJ(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.\n\n(4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:\n\n(a) the cost of the review process to applicants;\n\n(b) the timeliness of the review process;\n\n(c) whether the review process provides that applicants are entitled to be represented and heard;\n\n(d) the degree of independence of the review process;\n\n(e) whether the review process provides for the use of the services of an interpreter.\n\nThis subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).\n\nSubdivision E—Vulnerable welfare payment recipients\n\n123SCL  Persons subject to the enhanced income management regime—vulnerable welfare payment recipients\n\nPerson who is a vulnerable welfare payment recipient\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (5); and\n\n(b) at the test time, a determination under section 123SCM that the person is a vulnerable welfare payment recipient is in force; and\n\n(c) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(d) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC or 123SCJ; and\n\n(e) subsection (2) or (3) of this section applies.\n\n(2) This subsection applies if:\n\n(a) at the test time, the person is an eligible recipient of a category F welfare payment; and\n\n(b) immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n(3) This subsection applies if:\n\n(a) at the test time, the person is an eligible recipient of a category A welfare payment; and\n\n(b) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(c) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n(d) at the test time, the transfer notice is in force; and\n\n(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under section 123UCA.\n\n(4) If:\n\n(a) a person is subject to the enhanced income management regime under subsection (1); and\n\n(b) paragraph (1)(a) ceases to apply in relation to the person; and\n\n(c) at the time of that cessation, paragraphs (1)(b), (c) and (d) apply in relation to the person and paragraph (2)(a) or (3)(a) applies in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (1) until paragraph (1)(b), (c) or (d) or (2)(a) or (3)(a) ceases to apply in relation to the person.\n\nDetermination\n\n(5) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (1)(a).\n\n123SCM  Determination by Secretary—vulnerable welfare payment recipient\n\nDetermination\n\n(1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.\n\n(2) In deciding whether to make a determination under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.\n\nDuration of determination\n\n(3) A determination made under subsection (1):\n\n(a) comes into force:\n\n(i) on the day on which it is made; or\n\n(ii) if a later day is specified in the determination—on that later day; and\n\n(b) remains in force (unless earlier revoked):\n\n(i) for 12 months; or\n\n(ii) if a shorter period is specified in the determination—for that shorter period.\n\nNew determinations\n\n(4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.\n\nVariation and revocation\n\n(5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):\n\n(a) on the Secretary’s own initiative; or\n\n(b) on request made under subsection (8).\n\n(6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles determined under subsection (12) for the purposes of this subsection.\n\n(7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.\n\nRequest to reconsider circumstances\n\n(8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:\n\n(a) reconsider the person’s circumstances; and\n\n(b) vary, or revoke, the determination.\n\n(9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.\n\n(10) If a person makes a request under subsection (8), the Secretary must reconsider the person’s circumstances unless the request was made in contravention of subsection (9).\n\nDetermination not a legislative instrument\n\n(11) A determination made under subsection (1) is not a legislative instrument.\n\nDecision‑making principles\n\n(12) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsections (2) and (6).\n\n(13) Without limiting subsection (12), the decision‑making principles may set out when the Secretary must make a determination under subsection (1) in relation to a person.\n\nSubdivision F—Disengaged youth and long‑term welfare payment recipients\n\n123SD  Persons subject to the enhanced income management regime—Northern Territory\n\nDisengaged youth\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(b) at the test time, the person’s usual place of residence is within the Northern Territory; and\n\n(c) at the test time, the person is an eligible recipient of a category C welfare payment; and\n\n(d) at the test time, the person is at least 15 years of age and under 25 years of age; and\n\n(e) at the test time, the person is not an exempt welfare payment recipient; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(g) the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time; and\n\n(h) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL; and\n\n(i) subsection (1A) or (1B) of this section applies.\n\n(1A) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n(1B) This subsection applies if:\n\n(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n(c) at the test time, the transfer notice is in force; and\n\n(d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCB(1).\n\n(2) If:\n\n(a) a person is subject to the enhanced income management regime under subsection (1); and\n\n(b) paragraph (1)(b) ceases to apply in relation to the person; and\n\n(c) at the time of that cessation, paragraphs (1)(c), (d), (e), (f) and (h) apply in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (1) until the earlier of the following:\n\n(d) the time paragraph (1)(c), (d), (e), (f) or (h) ceases to apply in relation to the person;\n\n(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(b) ceased to apply in relation to the person.\n\n(2A) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is:\n\n(i) not subject to the enhanced income management regime under any other provision of this Division; and\n\n(ii) not subject to the income management regime (within the meaning of Part 3B); and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the enhanced income management regime under subsection (1); or\n\n(ii) subject to the income management regime under subsection 123UCB(1).\n\n(2B) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n(c) at the test time, the transfer notice is in force; and\n\n(d) at the test time, the person has a Part 3B payment nominee who is:\n\n(i) subject to the enhanced income management regime under subsection (1) of this section; or\n\n(ii) subject to the income management regime under subsection 123UCB(1); and\n\n(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCB(2).\n\nLong‑term welfare payment recipient\n\n(3) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(b) at the test time, the person’s usual place of residence is within the Northern Territory; and\n\n(c) at the test time, the person is an eligible recipient of a category C welfare payment; and\n\n(d) at the test time, the person is at least 25 years of age but has not reached pension age; and\n\n(e) at the test time, the person is not an exempt welfare payment recipient; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(g) the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time; and\n\n(h) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL; and\n\n(i) subsection (5) or (6) of this section applies.\n\n(4) If:\n\n(a) a person is subject to the enhanced income management regime under subsection (3); and\n\n(b) paragraph (3)(b) ceases to apply in relation to the person; and\n\n(c) at the time of that cessation, paragraphs (3)(c), (d), (e), (f) and (h) apply in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (3) until the earlier of the following:\n\n(d) the time paragraph (3)(c), (d), (e), (f) or (h) ceases to apply in relation to the person;\n\n(e) the end of the period of 13 weeks beginning on the day that paragraph (3)(b) ceased to apply in relation to the person.\n\n(5) This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).\n\n(6) This subsection applies if:\n\n(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and","sortOrder":1000026},{"sectionNumber":"full-source-retrieval-0028","sectionType":"document_chunk","heading":"Document excerpt 28","content":"(c) at the test time, the transfer notice is in force; and\n\n(d) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCC(1).\n\n(7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is:\n\n(i) not subject to the enhanced income management regime under any other provision of this Division; and\n\n(ii) not subject to the income management regime (within the meaning of Part 3B); and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the enhanced income management regime under subsection (3); or\n\n(ii) subject to the income management regime under subsection 123UCC(1).\n\n(8) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and\n\n(b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and\n\n(c) at the test time, the transfer notice is in force; and\n\n(d) at the test time, the person has a Part 3B payment nominee who is:\n\n(i) subject to the enhanced income management regime under subsection (1) of this section; or\n\n(ii) subject to the income management regime under subsection 123UCC(1); and\n\n(e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCC(2).\n\n123SDA  Persons subject to the enhanced income management regime—persons residing in other areas\n\nDisengaged youth\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (2); and\n\n(b) at the test time, the person is an eligible recipient of a category C welfare payment; and\n\n(c) at the test time, the person is at least 15 years of age and under 25 years of age; and\n\n(d) at the test time, the person is not an exempt welfare payment recipient; and\n\n(e) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(f) the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time; and\n\n(g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL.\n\n(2) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (1)(a).\n\n(3) If:\n\n(a) a person is subject to the enhanced income management regime under subsection (1); and\n\n(b) paragraph (1)(a) ceases to apply in relation to the person; and\n\n(c) at the time of that cessation, paragraphs (1)(b), (c), (d), (e) and (g) apply in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (1) until the earlier of the following:\n\n(d) the time paragraph (1)(b), (c), (d), (e) or (g) ceases to apply in relation to the person;\n\n(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(a) ceased to apply in relation to the person.\n\n(4) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is:\n\n(i) not subject to the enhanced income management regime under any other provision of this Division; and\n\n(ii) not subject to the income management regime (within the meaning of Part 3B); and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the enhanced income management regime under subsection (1); or\n\n(ii) subject to the income management regime under subsection 123UCB(1).\n\nLong‑term welfare payment recipient\n\n(5) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (6); and\n\n(b) at the test time, the person is an eligible recipient of a category C welfare payment; and\n\n(c) at the test time, the person is at least 25 years of age but has not reached pension age; and\n\n(d) at the test time, the person is not an exempt welfare payment recipient; and\n\n(e) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(f) the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time; and\n\n(g) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL.\n\n(6) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (5)(a).\n\n(7) If:\n\n(a) a person is subject to the enhanced income management regime under subsection (5); and\n\n(b) paragraph (5)(a) ceases to apply in relation to the person; and\n\n(c) at the time of that cessation, paragraphs (5)(b), (c), (d), (e) and (g) apply in relation to the person;\n\nthen the person remains subject to the enhanced income management regime under subsection (5) until the earlier of the following:\n\n(d) the time paragraph (5)(b), (c), (d), (e) or (g) ceases to apply in relation to the person;\n\n(e) the end of the period of 13 weeks beginning on the day that paragraph (5)(a) ceased to apply in relation to the person.\n\n(8) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is:\n\n(i) not subject to the enhanced income management regime under any other provision of this Division; and\n\n(ii) not subject to the income management regime (within the meaning of Part 3B); and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the enhanced income management regime under subsection (5); or\n\n(ii) subject to the income management regime under subsection 123UCC(1).\n\n123SDB  Exempt welfare payment recipient—inclusion in specified class\n\n(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).\n\n(2) The Minister may, by legislative instrument, make a determination specifying a class of persons for the purposes of subsection (1).\n\n(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.\n\n123SDC  Exempt welfare payment recipient—person is not the principal carer of a child\n\n(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if:\n\n(a) the person is not the principal carer of a child who is a school age child or younger; and\n\n(b) the Secretary is satisfied that one of the following applies:\n\n(i) the person is a full‑time student or a new apprentice;\n\n(ii) within at least 4 of the last 6 fortnights, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);\n\n(iii) within at least 4 of the last 6 fortnights, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);\n\n(iv) the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).\n\n(2) The Minister may, by legislative instrument, make a determination specifying activities for persons for the purposes of subparagraph (1)(b)(iv).\n\n(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.\n\n123SDD  Exempt welfare payment recipient—person is the principal carer of a child\n\n(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if:\n\n(a) the person is the principal carer of a child who is a school age child or younger; and\n\n(b) in relation to each child who is a school age child—the Secretary is satisfied that:\n\n(i) the child is enrolled at a school, and, in each of the last 2 school terms that have ended, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or\n\n(ii) the child is enrolled at a school, and, in each of the last 2 school terms that have ended, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or\n\n(iii) the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child’s schooling is progressing satisfactorily; or\n\n(iv) the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and\n\n(c) in relation to each other child—the Secretary is satisfied that the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and\n\n(d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the last 12‑month period.\n\nAlternative activities for school age children\n\n(2) The Minister may, by legislative instrument, make a determination specifying activities for school age children for the purposes of subparagraph (1)(b)(iv).\n\nActivities relating to children (other than school age children)\n\n(3) The Minister must, by legislative instrument, make a determination specifying the number and kind of activities for a person, or the person’s child (other than a school age child), for the purposes of paragraph (1)(c).\n\n(4) Without limiting subsection (3), the activities that may be specified under that subsection may relate to a child’s intellectual, physical or social development.\n\nDecision‑making principles relating to financial vulnerability\n\n(5) In deciding whether the Secretary is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles determined under subsection (6) for the purposes of this subsection.\n\n(6) The Minister may, by legislative instrument, determine decision‑making principles for the purposes of subsection (5).\n\nDetermination not a legislative instrument\n\n(7) A determination made by the Secretary under subsection (1) is not a legislative instrument.\n\nDefinitions\n\n(8) In this section:\n\nperson responsible, for the operation of a school, has the same meaning as in Part 3C.\n\n123SDE  Full‑time student\n\nA person is a full‑time student for the purposes of this Part if the person:\n\n(a) is an eligible recipient of youth allowance; and\n\n(b) is undertaking full‑time study (within the meaning of section 541B of the 1991 Act).\n\n123SDF  School age child\n\n(1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory:\n\n(a) to be enrolled at a school; or\n\n(b) to attend a school at times required under that law.\n\n(2) For the purposes of this section:\n\nattendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.\n\nenrolment, at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.\n\nSubdivision G—Volunteers\n\n123SE  Persons subject to the enhanced income management regime—volunteers\n\n(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time if:\n\n(a) at that time, a voluntary enhanced income management agreement is in force in relation to the person; or\n\n(b) immediately before 6 March 2023, the person was a voluntary participant under section 124PH.\n\nCessation—former section 124PH voluntary participants\n\n(2) If paragraph (1)(b) applies to a person, the person may make a request to the Secretary to cease to be subject to the enhanced income management regime under this section. The request cannot be withdrawn or revoked.\n\n(3) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the enhanced income management regime under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).\n\n(4) A notice under subsection (3) has effect accordingly.\n\n(5) A notice under subsection (3) is not a legislative instrument.\n\n(6) Subsection (3) does not prevent paragraph (1)(a) applying in relation to the person at a later time.\n\n(7) A person ceases to be subject to the enhanced income management regime under paragraph (1)(b) if the person becomes subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA.\n\n123SF  Voluntary enhanced income management agreement\n\n(1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the enhanced income management regime throughout the period when the agreement is in force.\n\n(2) An agreement under subsection (1) is to be known as a voluntary enhanced income management agreement.\n\n(3) The Secretary must not enter into a voluntary enhanced income management agreement with a person unless:\n\n(a) the person is an eligible recipient of a category A welfare payment; and\n\n(b) the person’s usual place of residence is within a voluntary enhanced income management area or the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and\n\n(c) if the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B).\n\n(4) The Secretary must not enter into a voluntary enhanced income management agreement with a person if:\n\n(aa) the person is subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA or paragraph 123SE(1)(b); or\n\n(a) the person is subject to the income management regime under Part 3B; or\n\n(b) during the 12‑month period ending when the voluntary enhanced income management agreement is to come into force, there were 4 occasions on which previous voluntary enhanced income management agreements relating to the person were terminated under subsection 123SH(3).\n\n(5) The Minister may, by legislative instrument, determine that:\n\n(a) a specified State; or\n\n(b) a specified Territory; or\n\n(c) a specified area;\n\nis a voluntary enhanced income management area for the purposes of this Part.\n\n123SG  Duration of voluntary enhanced income management agreement\n\n(1) A voluntary enhanced income management agreement in relation to a person:\n\n(a) comes into force at the time specified in the agreement, so long as:\n\n(i) at that time, the person is an eligible recipient of a category A welfare payment; and\n\n(ii) at that time, the person’s usual place of residence is within a voluntary enhanced income management area or the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and\n\n(iii) if, at that time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and\n\n(iiia) at that time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA or paragraph 123SE(1)(b); and\n\n(iv) at that time, the person is not subject to the income management regime under Part 3B; and\n\n(b) remains in force until:\n\n(i) it is terminated under section 123SH, unless subparagraph (ii) applies; or\n\n(ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123SH before the end of that period—the end of that period.\n\n(2) If a voluntary enhanced income management agreement (the original agreement) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.","sortOrder":1000027},{"sectionNumber":"full-source-retrieval-0029","sectionType":"document_chunk","heading":"Document excerpt 29","content":"(3) If a voluntary enhanced income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person.\n\n123SH  Termination of voluntary enhanced income management agreement\n\nTermination by request\n\n(1) If a voluntary enhanced income management agreement in relation to a person is in force, the person may, by written notice given to the Secretary, request the Secretary to terminate the agreement.\n\n(2) However, a person may make a request under subsection (1) only if the agreement has been in force for at least 13 weeks.\n\n(3) The Secretary must comply with a request made in accordance with subsections (1) and (2) by terminating the agreement as soon as practicable after receiving the request.\n\nOther grounds for termination\n\n(4) If:\n\n(a) a voluntary enhanced income management agreement in relation to a person is in force; and\n\n(b) any of the following events occur:\n\n(i) the person ceases to be an eligible recipient of a category A welfare payment;\n\n(ii) in a case where the person has a Part 3B payment nominee—that nominee ceases to be subject to the enhanced income management regime or ceases to be subject to the income management regime (within the meaning of Part 3B);\n\n(iii) the person becomes subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA;\n\nthe Secretary must terminate the agreement as soon as practicable after the occurrence of the event.\n\nLimit on new voluntary enhanced income management agreements\n\n(5) If a voluntary enhanced income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary enhanced income management agreement with the person within 21 days after the termination.\n\nSubdivision H—Relationship with other provisions\n\n123SI  Relationship with other provisions\n\n(1) If a person is subject to the enhanced income management regime at a particular time, then the person cannot be subject to the income management regime under Part 3B at that time.\n\n(2) If:\n\n(a) a person was a program participant under section 124PGE immediately before the start of 1 October 2022; and\n\n(b) on or after 1 October 2022 and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite section 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA, the person cannot become subject to the enhanced income management regime under that section at any time after the making of that determination.\n\n123SIA  Requests to transfer from the income management regime\n\nPerson’s request\n\n(1) A person who is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC or 123UFAA may make a request to the Secretary to transfer to the enhanced income management regime. The request cannot be withdrawn or revoked.\n\nSecretary’s notice\n\n(2) If the person does so, the Secretary must give the person a written notice stating that the person is eligible to transfer to the enhanced income management regime.\n\n(3) The notice comes into force on a day specified in the notice (which must be no later than 28 days after the day on which the request was made).\n\n(4) The notice ceases to be in force immediately after the person first ceases to be subject to the enhanced income management regime.\n\n(5) A notice under subsection (2) is not a legislative instrument.\n\nDivision 3—Portioning of welfare payments\n\nSubdivision A—Persons subject to the enhanced income management regime—Queensland Commission\n\n123SJ  Category B welfare payment to be split into qualified and unqualified portions\n\nPayments by instalments\n\n(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is the percentage determined by the Secretary under subsection (2) of this section, after consultation with the Queensland Commission; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (4).\n\n(2) The Secretary may determine a percentage in relation to a person for the purposes of paragraph (1)(a).\n\nPayments otherwise than by instalments\n\n(3) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SC, 100% of the gross amount of the payment is qualified (the qualified portion).\n\nNote: The percentage may be varied under subsection (4).\n\nVariation by Secretary\n\n(4) For a person who is subject to the enhanced income management regime under section 123SC, the Secretary may make a determination that:\n\n(a) varies the percentage applicable under paragraph (1)(a) to 0%; and\n\n(b) varies the percentage applicable under paragraph (1)(b) to 100%; and\n\n(c) varies the percentage applicable under subsection (3) to 0%.\n\n(5) The Secretary may make a determination under subsection (4) only if:\n\n(a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n(i) a technological fault or malfunction with that card or account; or\n\n(ii) a natural disaster; or\n\n(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n(b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n(ii) under a determination under subsection 51(1).\n\nWhen determinations take effect\n\n(6) A determination under subsection (2) or (4) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\nDeterminations are not legislative instruments\n\n(7) A determination under subsection (2) or (4) is not a legislative instrument.\n\n123SK  Payment of balance of qualified portion of category B welfare payment\n\nIf a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SL  Recipient’s use of funds from category B welfare payments\n\nA person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SC:\n\n(a) may use the balance of the qualified portion of the payment, as paid under section 123SK, to obtain goods or services, other than:\n\n(i) excluded goods or excluded services; or\n\n(ii) a cash‑like product that could be used to obtain excluded goods or excluded services; and\n\n(b) may use the unqualified portion of the payment, as paid to the person, at the person’s discretion.\n\nSubdivision AA—Persons subject to the enhanced income management regime—child protection\n\n123SLA  Category B welfare payment to be split into qualified and unqualified portions\n\nPayments by instalments\n\n(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCA:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 100%, unless subparagraph (ii) applies; or\n\n(ii) if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (7).\n\n(2) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).\n\n(3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of category B welfare payments.\n\nPayments otherwise than by instalments\n\n(4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCA:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 100%, unless subparagraph (ii) applies; or\n\n(ii) if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (7).\n\n(5) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii).\n\n(6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.\n\nVariation by Secretary\n\n(7) For a person who is subject to the enhanced income management regime under section 123SCA, the Secretary may make a determination that:\n\n(a) varies the percentage applicable under paragraph (1)(a) to 0%; and\n\n(b) varies the percentage applicable under paragraph (1)(b) to 100%; and\n\n(c) varies the percentage applicable under paragraph (4)(a) to 0%; and\n\n(d) varies the percentage applicable under paragraph (4)(b) to 100%.\n\n(8) The Secretary may make a determination under subsection (7) only if:\n\n(a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n(i) a technological fault or malfunction with that card or account; or\n\n(ii) a natural disaster; or\n\n(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n(b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n(ii) under a determination under subsection 51(1).\n\n(9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n(10) A determination made under subsection (7) is not a legislative instrument.\n\n123SLB  Payment of balance of qualified portion of category B welfare payment\n\nIf a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCA, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SLC  Recipient’s use of funds from category B welfare payments\n\nA person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCA:\n\n(a) may use the balance of the qualified portion of the payment, as paid under section 123SLB, to obtain goods or services, other than:\n\n(i) excluded goods or excluded services; or\n\n(ii) a cash‑like product that could be used to obtain excluded goods or excluded services; and\n\n(b) may use the unqualified portion of the payment, as paid to the person, at the person’s discretion.\n\nSubdivision AB—Persons subject to the enhanced income management regime—school enrolment and attendance\n\n123SLD  Category B welfare payment to be split into qualified and unqualified portions\n\nPayments by instalments\n\n(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 100%, unless subparagraph (ii) applies; or\n\n(ii) if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (7).\n\n(2) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).\n\n(3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of category B welfare payments.\n\nPayments otherwise than by instalments\n\n(4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 100%, unless subparagraph (ii) applies; or\n\n(ii) if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (7).\n\n(5) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii).\n\n(6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.\n\nVariation by Secretary\n\n(7) For a person who is subject to the enhanced income management regime under section 123SCB or 123SCC, the Secretary may make a determination that:\n\n(a) varies the percentage applicable under paragraph (1)(a) to 0%; and\n\n(b) varies the percentage applicable under paragraph (1)(b) to 100%; and\n\n(c) varies the percentage applicable under paragraph (4)(a) to 0%; and\n\n(d) varies the percentage applicable under paragraph (4)(b) to 100%.\n\n(8) The Secretary may make a determination under subsection (7) only if:\n\n(a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n(i) a technological fault or malfunction with that card or account; or\n\n(ii) a natural disaster; or\n\n(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n(b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n(ii) under a determination under subsection 51(1).\n\n(9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n(10) A determination made under subsection (7) is not a legislative instrument.\n\n123SLE  Payment of balance of qualified portion of category B welfare payment\n\nIf a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SLF  Recipient’s use of funds from category B welfare payments\n\nA person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCB or 123SCC:\n\n(a) may use the balance of the qualified portion of the payment, as paid under section 123SLE, to obtain goods or services, other than:\n\n(i) excluded goods or excluded services; or\n\n(ii) a cash‑like product that could be used to obtain excluded goods or excluded services; and\n\n(b) may use the unqualified portion of the payment, as paid to the person, at the person’s discretion.\n\nSubdivision AC—Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority\n\n123SLG  Category B welfare payment to be split into qualified and unqualified portions\n\nPayments by instalments\n\n(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 70%, unless subparagraph (ii) applies; or\n\n(ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).","sortOrder":1000028},{"sectionNumber":"full-source-retrieval-0030","sectionType":"document_chunk","heading":"Document excerpt 30","content":"Note: The percentage may be varied under subsection (7).\n\n(2) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).\n\n(3) An instrument made under subsection (2) may determine different percentages depending on one or more of the following:\n\n(a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;\n\n(b) the usual place of residence of those persons;\n\n(c) the recognised State/Territory authority.\n\nPayments otherwise than by instalments\n\n(4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCJ:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 100%, unless subparagraph (ii) applies; or\n\n(ii) if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (7).\n\n(5) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii).\n\n(6) An instrument made under subsection (5) may determine different percentages depending on one or more of the following:\n\n(a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;\n\n(b) the usual place of residence of those persons;\n\n(c) the recognised State/Territory authority.\n\nVariation by Secretary\n\n(7) For a person who is subject to the enhanced income management regime under section 123SCJ, the Secretary may make a determination that:\n\n(a) varies the percentage applicable under paragraph (1)(a) to 0%; and\n\n(b) varies the percentage applicable under paragraph (1)(b) to 100%; and\n\n(c) varies the percentage applicable under paragraph (4)(a) to 0%; and\n\n(d) varies the percentage applicable under paragraph (4)(b) to 100%.\n\n(8) The Secretary may make a determination under subsection (7) only if:\n\n(a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n(i) a technological fault or malfunction with that card or account; or\n\n(ii) a natural disaster; or\n\n(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n(b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n(ii) under a determination under subsection 51(1).\n\n(9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n(10) A determination made under subsection (7) is not a legislative instrument.\n\n123SLH  Payment of balance of qualified portion of category B welfare payment\n\nIf a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SLI  Recipient’s use of funds from category B welfare payments\n\nA person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCJ:\n\n(a) may use the balance of the qualified portion of the payment, as paid under section 123SLH, to obtain goods or services, other than:\n\n(i) excluded goods or excluded services; or\n\n(ii) a cash‑like product that could be used to obtain excluded goods or excluded services; and\n\n(b) may use the unqualified portion of the payment, as paid to the person, at the person’s discretion.\n\nSubdivision AD—Persons subject to the enhanced income management regime—vulnerable welfare payment recipients\n\n123SLJ  Relevant payment to be split into qualified and unqualified portions\n\nPayments by instalments\n\n(1) If an instalment of a relevant payment is payable to a person who is subject to the enhanced income management regime under section 123SCL:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 50%, unless subparagraph (ii) applies; or\n\n(ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (7).\n\n(2) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).\n\n(3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of relevant payments.\n\nPayments otherwise than by instalments\n\n(4) If a relevant payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCL:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 100%, unless subparagraph (ii) applies; or\n\n(ii) if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (7).\n\n(5) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii).\n\n(6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of relevant payments.\n\nVariation by Secretary\n\n(7) For a person who is subject to the enhanced income management regime under section 123SCL, the Secretary may make a determination that:\n\n(a) varies the percentage applicable under paragraph (1)(a) to 0%; and\n\n(b) varies the percentage applicable under paragraph (1)(b) to 100%; and\n\n(c) varies the percentage applicable under paragraph (4)(a) to 0%; and\n\n(d) varies the percentage applicable under paragraph (4)(b) to 100%.\n\n(8) The Secretary may make a determination under subsection (7) only if:\n\n(a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n(i) a technological fault or malfunction with that card or account; or\n\n(ii) a natural disaster; or\n\n(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n(b) the person’s relevant payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n(ii) under a determination under subsection 51(1).\n\n(9) A determination under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n(10) A determination under subsection (7) is not a legislative instrument.\n\n123SLK  Payment of balance of qualified portion of relevant payment\n\nIf a relevant payment is payable to a person who is subject to the enhanced income management regime under section 123SCL, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SLL  Recipient’s use of funds from relevant payments\n\nA person who receives a relevant payment and is subject to the enhanced income management regime under section 123SCL:\n\n(a) may use the balance of the qualified portion of the payment, as paid under section 123SLK, to obtain goods or services, other than:\n\n(i) excluded goods or excluded services; or\n\n(ii) a cash‑like product that could be used to obtain excluded goods or excluded services; and\n\n(b) may use the unqualified portion of the payment, as paid to the person, at the person’s discretion.\n\nSubdivision B—Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients\n\n123SM  Category D welfare payment to be split into qualified and unqualified portions\n\nPayments by instalments\n\n(1) If an instalment of a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD or 123SDA:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 50%, unless subparagraph (ii) applies; or\n\n(ii) if another percentage is determined by the Minister under subsection (1A) of this section—the other percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (3).\n\nPayments otherwise than by instalments\n\n(1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).\n\n(1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category D welfare payments.\n\nPayments otherwise than by instalments\n\n(2) If a category D welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SD or 123SDA:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 100%, unless subparagraph (ii) applies; or\n\n(ii) if a lower percentage is determined by the Minister under subsection (2A) of this section—the lower percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (3).\n\n(2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).\n\n(2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category D welfare payments.\n\nVariation by Secretary\n\n(3) For a person who is subject to the enhanced income management regime under section 123SD or 123SDA, the Secretary may make a determination that:\n\n(a) varies the percentage applicable under paragraph (1)(a) to 0%; and\n\n(b) varies the percentage applicable under paragraph (1)(b) to 100%; and\n\n(c) varies the percentage applicable under paragraph (2)(a) to 0%; and\n\n(d) varies the percentage applicable under paragraph (2)(b) to 100%.\n\n(4) The Secretary may make a determination under subsection (3) only if:\n\n(a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n(i) a technological fault or malfunction with that card or account; or\n\n(ii) a natural disaster; or\n\n(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n(b) the person’s category D welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n(ii) under a determination under subsection 51(1).\n\n(5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n(6) A determination under subsection (3) is not a legislative instrument.\n\n123SN  Payment of balance of qualified portion of category D welfare payment\n\nIf a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD or 123SDA, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SO  Recipient’s use of funds from category D welfare payments\n\nA person who receives a category D welfare payment and is subject to the enhanced income management regime under section 123SD or 123SDA:\n\n(a) may use the balance of the qualified portion of the payment, as paid under section 123SN, to obtain goods or services, other than:\n\n(i) excluded goods or excluded services; or\n\n(ii) a cash‑like product that could be used to obtain excluded goods or excluded services; and\n\n(b) may use the unqualified portion of the payment, as paid to the person, at the person’s discretion.\n\nSubdivision C—Persons subject to the enhanced income management regime—volunteers\n\n123SP  Category B welfare payment to be split into qualified and unqualified portions\n\nPayments by instalments\n\n(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 50%, unless subparagraph (ii) applies; or\n\n(ii) if another percentage is determined by the Minister under subsection (1A) of this section—the other percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (3).\n\n(1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).\n\n(1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category B welfare payments.\n\nPayments otherwise than by instalments\n\n(2) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SE:\n\n(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:\n\n(i) 100%, unless subparagraph (ii) applies; or\n\n(ii) if a lower percentage is determined by the Minister under subsection (2A) of this section—the lower percentage; and\n\n(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).\n\nNote: The percentage may be varied under subsection (3).\n\n(2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).\n\n(2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category B welfare payments.\n\nVariation by Secretary\n\n(3) For a person who is subject to the enhanced income management regime under section 123SE, the Secretary may make a determination that:\n\n(a) varies the percentage applicable under paragraph (1)(a) to 0%; and\n\n(b) varies the percentage applicable under paragraph (1)(b) to 100%; and\n\n(c) varies the percentage applicable under paragraph (2)(a) to 0%; and\n\n(d) varies the percentage applicable under paragraph (2)(b) to 100%.\n\n(4) The Secretary may make a determination under subsection (3) only if:\n\n(a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of:\n\n(i) a technological fault or malfunction with that card or account; or\n\n(ii) a natural disaster; or\n\n(iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n\n(b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:\n\n(i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or\n\n(ii) under a determination under subsection 51(1).\n\n(5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).\n\n(6) A determination under subsection (3) is not a legislative instrument.\n\n123SQ  Payment of balance of qualified portion of category B welfare payment","sortOrder":1000029},{"sectionNumber":"full-source-retrieval-0031","sectionType":"document_chunk","heading":"Document excerpt 31","content":"If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.\n\n123SR  Recipient’s use of funds from category B welfare payments\n\nA person who receives a category B welfare payment:\n\n(a) may use the balance of the qualified portion of the payment, as paid under section 123SQ, to obtain goods or services, other than:\n\n(i) excluded goods or excluded services; or\n\n(ii) a cash‑like product that could be used to obtain excluded goods or excluded services; and\n\n(b) may use the unqualified portion of the payment, as paid to the person, at the person’s discretion.\n\nDivision 4—Information\n\n123SS  Disclosure of information to the Secretary—financial institution\n\n(1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a financial institution may give the Secretary information about a person if:\n\n(a) the person is subject to the enhanced income management regime; and\n\n(b) the disclosed information is relevant to the operation of this Part.\n\nNote: Subsection 202(8A) allows a person to disclose information about a BasicsCard bank account to a financial institution.\n\n(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the financial institution for the purposes of the performance of the duties, or the exercise of the powers, of the officer or employee.\n\n123ST  Disclosure of information—Queensland Commission\n\n(1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if:\n\n(a) either:\n\n(i) the person is subject to the enhanced income management regime under section 123SC; or\n\n(ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 123SC(1)(b) in relation to the person; and\n\n(b) the disclosed information is relevant to the operation of this Part.\n\n(2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.\n\n(3) If:\n\n(a) a person ceases to be subject to the enhanced income management regime under section 123SC because of the cancellation of a category A welfare payment of the person or the person’s partner; and\n\n(b) immediately before the cancellation, the relevant notice referred to in paragraph 123SC(1)(b) or (3)(a) had not been withdrawn or revoked and had not expired;\n\nthen, as soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation.\n\n123STA  Disclosure of information—child protection\n\n(1) Despite any law (whether written or unwritten) in force in a State or Territory, a child protection officer of a State or Territory may give the Secretary information about a person if:\n\n(a) either:\n\n(i) the person is subject to the enhanced income management regime under section 123SCA; or\n\n(ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 123SCA(1)(b) in relation to the person; and\n\n(b) the disclosed information is relevant to the operation of this Part.\n\n(2) If information about a person is disclosed by a child protection officer of a State or Territory as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the State or Territory for the purposes of the operation of this Part.\n\n(3) If:\n\n(a) a person ceases to be subject to the enhanced income management regime under section 123SCA because of the cancellation of a category A welfare payment of the person or the person’s partner; and\n\n(b) immediately before the cancellation, the notice referred to in paragraph 123SCA(1)(b), that was given to the person by a child protection officer of a State or Territory, is in force;\n\nthen, as soon as practicable after the cancellation, the Secretary must give a child protection officer of the State or Territory written notice of the cancellation.\n\n123STB  Disclosure of information—school enrolment and attendance\n\n(1) Despite any law (whether written or unwritten) in force in a State or Territory:\n\n(a) a State or Territory; or\n\n(b) a non‑government school authority; or\n\n(c) any other person who is responsible for the operation of one or more schools;\n\nmay give the Secretary information about the enrolment, or non‑enrolment, of children at school if the information is relevant to the operation of this Part.\n\n(2) Despite any law (whether written or unwritten) in force in a State or Territory:\n\n(a) a State or Territory; or\n\n(b) a non‑government school authority; or\n\n(c) any other person who is responsible for the operation of one or more schools;\n\nmay give the Secretary information about the attendance, or non‑attendance, of children at school if the information is relevant to the operation of this Part.\n\n123STC  Disclosure of information—referrals by recognised State/Territory authority\n\n(1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a recognised State/Territory authority may give the Secretary information about a person if:\n\n(a) either:\n\n(i) the person is subject to the enhanced income management regime under section 123SCJ; or\n\n(ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 123SCJ(1)(b) in relation to the person; and\n\n(b) the disclosed information is relevant to the operation of this Part.\n\n(2) If information about a person is disclosed by an officer or employee of a recognised State/Territory authority as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the operation of this Part.\n\n(3) If:\n\n(a) a person ceases to be subject to the enhanced income management regime under section 123SCJ because of the cancellation of a category A welfare payment of the person or the person’s partner; and\n\n(b) immediately before the cancellation, the notice referred to in paragraph 123SCJ(1)(b), that was given to the person by an officer or employee of a recognised State/Territory authority, is in force;\n\nthen, as soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation.\n\nDivision 5—Other matters\n\n123SU  BasicsCard bank accounts\n\n(1) For the purposes of this Part, the Secretary may, by legislative instrument, determine a kind of bank account to be maintained by a person who is subject to the enhanced income management regime for the receipt of payments under this Part.\n\n(2) A legislative instrument determining a kind of bank account may also prescribe terms and conditions relating to the establishment, ongoing maintenance and closure of the bank account so determined.\n\n123SV  Exceptions to Part IV of the Competition and Consumer Act 2010\n\n(1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a financial institution is specified and specifically authorised if the transaction would involve:\n\n(a) money in a BasicsCard bank account; and\n\n(b) a business of a kind specified in a legislative instrument made under subsection (2).\n\n(2) The Secretary may, by legislative instrument, declare a kind of business, whether by reference to merchant category codes, terminal identification codes, card accepted identification codes or otherwise, in relation to which transactions involving money in a BasicsCard bank account may be declined by a financial institution.\n\n(3) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a supplier of goods or services is specified and specifically authorised if the transaction would involve:\n\n(a) money in a BasicsCard bank account; and\n\n(b) the obtaining of:\n\n(i) excluded goods or excluded services; or\n\n(ii) a cash‑like product that could be used to obtain excluded goods or excluded services.\n\n(4) To avoid doubt, for the purposes of this section, it does not matter whether money in a BasicsCard bank account represents the qualified portion or unqualified portion of a payment.\n\n123SVA  Periodic estimates of cost of enhanced income management regime\n\n(1) As soon as practicable after the end of each reporting period, the Minister must prepare a written estimate of the full cost to the Commonwealth (as at the end of the period) of the operation of the enhanced income management regime established by this Part.\n\n(2) The Minister must cause the estimate for a reporting period to be:\n\n(a) published on the Department’s website as soon as practicable after it is prepared; and\n\n(b) tabled in each House of the Parliament within 7 sitting days of that House after the estimate is published under paragraph (a).\n\n(3) In this section:\n\nreporting period means the following:\n\n(a) the period of 6 months beginning on the day this section commences;\n\n(b) the period of 12 months beginning on the day after the end of the period mentioned in paragraph (a);\n\n(c) each subsequent 12‑month period.\n\n123SW  This Part has effect despite other provisions etc.\n\nThis Part has effect despite anything in:\n\n(a) any other provision of this Act; or\n\n(b) the 1991 Act; or\n\n(c) the Family Assistance Act; or\n\n(d) the Family Assistance Administration Act.\n\nPart 3B—Income management regime\n\nDivision 1—Introduction\n\n123TA  Simplified outline\n\nThe following is a simplified outline of this Part:\n\n• This Part sets up an income management regime for recipients of certain welfare payments.\n\n• A person may become subject to the income management regime because:\n\n(a) a child protection officer of a State or Territory requires the person to be subject to the income management regime; or\n\n(b) the Secretary has determined that the person is a vulnerable welfare payment recipient; or\n\n(c) the person meets the criteria relating to disengaged youth; or\n\n(d) the person meets the criteria relating to long‑term welfare payment recipients; or\n\n(e) the person, or the person’s partner, has a child who does not meet school enrolment requirements; or\n\n(f) the person, or the person’s partner, has a child who has unsatisfactory school attendance; or\n\n(g) the Queensland Commission requires the person to be subject to the income management regime; or\n\n(ga) an officer or employee of a recognised State/Territory authority requires the person to be subject to the income management regime; or\n\n(h) the person voluntarily agrees to be subject to the income management regime.\n\n• A person who is subject to the income management regime will have an income management account.\n\n• Amounts will be deducted from the person’s welfare payments and credited to the person’s income management account.\n\n• Amounts will be debited from the person’s income management account for the purposes of enabling the Secretary to take action directed towards meeting the priority needs of:\n\n(a) the person; and\n\n(b) the person’s children (if any); and\n\n(c) the person’s partner (if any); and\n\n(d) any other dependants of the person.\n\n123TB  Objects\n\nThe objects of this Part are as follows:\n\n(a) to reduce immediate hardship and deprivation by ensuring that the whole or part of certain welfare payments is directed to meeting the priority needs of:\n\n(i) the recipient of the welfare payment; and\n\n(ii) the recipient’s children (if any); and\n\n(iii) the recipient’s partner (if any); and\n\n(iv) any other dependants of the recipient;\n\n(b) to ensure that recipients of certain welfare payments are given support in budgeting to meet priority needs;\n\n(c) to reduce the amount of certain welfare payments available to be spent on alcoholic beverages, gambling, tobacco products and pornographic material;\n\n(d) to reduce the likelihood that recipients of welfare payments will be subject to harassment and abuse in relation to their welfare payments;\n\n(e) to encourage socially responsible behaviour, including in relation to the care and education of children;\n\n(f) to improve the level of protection afforded to welfare recipients and their families.\n\n123TC  Definitions\n\nIn this Part:\n\n2020 economic support payment means:\n\n(a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or\n\n(b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or\n\n(c) a first 2020 economic support payment under the ABSTUDY Scheme; or\n\n(d) a second 2020 economic support payment under the ABSTUDY Scheme; or\n\n(e) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or\n\n(f) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act.\n\n2022 cost of living payment means:\n\n(a) a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act; or\n\n(b) a 2022 cost of living payment under the ABSTUDY Scheme.\n\naccount statement, in relation to an income management account, means a statement that sets out:\n\n(a) the amounts credited to the income management account during a particular period; and\n\n(b) the amounts debited from the income management account during that period; and\n\n(c) the balance of the income management account as at the end of that period.\n\nacquire has the same meaning as in the Competition and Consumer Act 2010.\n\nadditional economic support payment means:\n\n(a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or\n\n(b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or\n\n(c) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or\n\n(d) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act.\n\napplicable school period has the meaning given by section 123UI.\n\ncategory E welfare payment means:\n\n(a) youth allowance; or\n\n(b) jobseeker payment; or\n\n(c) special benefit; or\n\n(d) pension PP (single); or\n\n(e) benefit PP (partnered).\n\ncategory H welfare payment means:\n\n(a) a social security benefit; or\n\n(b) a social security pension; or\n\n(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or\n\n(d) a service pension; or\n\n(e) income support supplement; or\n\n(ea) a veteran payment.\n\ncategory I welfare payment means:\n\n(a) a category H welfare payment; or\n\n(b) double orphan pension; or\n\n(c) family tax benefit under the Family Assistance Act; or\n\n(d) family tax benefit advance under the Family Assistance Administration Act; or\n\n(e) stillborn baby payment under the Family Assistance Act; or\n\n(g) carer allowance; or\n\n(ga) child disability assistance; or\n\n(gb) carer supplement; or\n\n(h) mobility allowance; or\n\n(i) pensioner education supplement; or\n\n(j) telephone allowance under Part 2.25 of the 1991 Act; or\n\n(k) veterans supplement under section 118B of the Veterans’ Entitlements Act; or\n\n(l) utilities allowance under Part 2.25A of the 1991 Act; or\n\n(n) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n(o) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n(p) a social security bereavement payment; or\n\n(q) a veterans’ entitlement bereavement payment; or\n\n(s) an advance payment under Part 2.22 of the 1991 Act; or\n\n(t) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n(u) a mobility allowance advance under section 1045 of the 1991 Act; or\n\n(v) an advance payment under Part IVA of the Veterans’ Entitlements Act.\n\ncategory P welfare payment means:\n\n(a) a social security benefit; or\n\n(b) a social security pension; or\n\n(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.\n\ncategory Q welfare payment means:\n\n(a) a category P welfare payment; or\n\n(b) carer allowance; or\n\n(ba) child disability assistance; or\n\n(bb) carer supplement; or\n\n(c) mobility allowance; or\n\n(d) pensioner education supplement; or\n\n(e) telephone allowance under Part 2.25 of the 1991 Act; or\n\n(f) utilities allowance under Part 2.25A of the 1991 Act; or\n\n(g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or\n\n(h) a social security bereavement payment (other than a social security bereavement payment in relation to an age pension or a carer payment); or\n\n(i) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or\n\n(j) an advance payment under Part 2.22 of the 1991 Act (other than an advance payment of an age pension or a carer payment); or\n\n(k) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or\n\n(l) a mobility allowance advance under section 1045 of the 1991 Act; or\n\n(m) double orphan pension; or\n\n(n) family tax benefit under the Family Assistance Act; or\n\n(o) family tax benefit advance under the Family Assistance Administration Act; or\n\n(p) stillborn baby payment under the Family Assistance Act.\n\ncategory R welfare payment means:\n\n(c) a service pension; or\n\n(d) income support supplement; or\n\n(da) a veteran payment.\n\ncategory S welfare payment means:","sortOrder":1000030},{"sectionNumber":"full-source-retrieval-0032","sectionType":"document_chunk","heading":"Document excerpt 32","content":"(a) family tax benefit under the Family Assistance Act; or\n\n(b) family tax benefit advance under the Family Assistance Administration Act; or\n\n(c) stillborn baby payment under the Family Assistance Act; or\n\n(e) double orphan pension; or\n\n(f) carer allowance; or\n\n(fa) child disability assistance; or\n\n(fb) carer supplement; or\n\n(g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre.\n\nchild of a person means:\n\n(a) a child for whom the person is the principal carer; or\n\n(b) an FTB child of the person; or\n\n(c) on or after 1 July 2008—a regular care child of the person.\n\nThis definition does not apply to:\n\n(d) the definition of child protection officer in this section; or\n\n(e) Division 2; or\n\n(f) subsection 123ZE(2); or\n\n(g) section 123ZEB.\n\nchild protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.\n\nclean energy income‑managed payment means:\n\n(a) a clean energy advance under the 1991 Act; or\n\n(c) a clean energy advance under the Family Assistance Act; or\n\n(d) quarterly energy supplement under the 1991 Act; or\n\n(e) quarterly energy supplement under the Veterans’ Entitlements Act for service pension.\n\nclosure day means the day on which Part 1 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.\n\ndeclared child protection State or Territory has the meaning given by section 123TF.\n\ndeclared primary school area has the meaning given by subsection 123TG(1).\n\ndeclared secondary school area has the meaning given by subsection 123TG(3).\n\ndeclared voluntary income management area has the meaning given by section 123TGA.\n\neconomic security strategy payment means:\n\n(a) an economic security strategy payment under Part 2.17 of the 1991 Act; or\n\n(b) an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act; or\n\n(c) an economic security strategy payment to families under Part 6 of the Family Assistance Act; or\n\n(d) a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008.\n\neligible care child has the meaning given by section 123UH.\n\neligible care period has the meaning given by section 123UJ.\n\neligible recipient has the meaning given by section 123TK.\n\nETR income‑managed payment means:\n\n(a) ETR payment under the Family Assistance Act; or\n\n(b) ETR payment under the Veterans’ Entitlements Act.\n\nexcluded goods has the meaning given by subsection 123TI(1).\n\nexcluded Part 3B payment nominee means:\n\n(a) the Public Trustee (however described) of a State or Territory; or\n\n(b) a Part 3B payment nominee who:\n\n(i) is not subject to the enhanced income management regime (within the meaning of Part 3AA); and\n\n(ii) is not subject to the income management regime.\n\nexcluded service has the meaning given by subsection 123TI(2).\n\nexempt welfare payment recipient has the meaning given by section 123UGB, 123UGC or 123UGD.\n\nfamily law order means:\n\n(a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or\n\n(b) a family violence order within the meaning of section 4 of that Act; or\n\n(c) a State child order registered under section 70D of that Act; or\n\n(d) an overseas child order registered under section 70G of that Act.\n\nfull‑time student has the meaning given by section 123UGF.\n\nhousehold stimulus payment means:\n\n(a) a training and learning bonus under Part 2.18 of the 1991 Act; or\n\n(c) an education entry payment supplement under Division 14 of Part 2.13A of the 1991 Act; or\n\n(d) a back to school bonus or single income family bonus under Part 7 of the Family Assistance Act; or\n\n(e) a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No. 2) 2009.\n\nincome management account means a notional account kept in accordance with section 123WA.\n\nIncome Management Record means the Income Management Record established by section 123VA.\n\nincome tax law has the same meaning as in the Income Tax Assessment Act 1997.\n\nnet amount of an instalment or payment means:\n\n(a) if a deduction is made from, or an amount is set off against, the instalment or payment under:\n\n(i) section 61 or 238 of this Act; or\n\n(ii) section 1231 of the 1991 Act; or\n\n(iii) section 84, 84A, 92, 92A, 225, 226 or 227 of the Family Assistance Administration Act; or\n\n(iv) section 50A, 50B, 58J, 79L, 122B, 122D, 205 or 205AA of the Veterans’ Entitlements Act;\n\nso much of the instalment or payment as remains after the deduction is made or the set‑off occurs, as the case may be; or\n\n(b) in any other case—the amount of the instalment or payment.\n\nnon‑alcoholic beverage means a beverage other than an alcoholic beverage.\n\nparenting plan has the same meaning as in the Family Law Act 1975.\n\nPart 3B payment nominee means:\n\n(a) a person who is, by virtue of an appointment in force under section 123B of this Act or section 219TB of the Family Assistance Administration Act, the payment nominee of another person; or\n\n(b) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an approval in force under section 58D of the Veterans’ Entitlements Act; or\n\n(c) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an appointment in force under section 202 of the Veterans’ Entitlements Act; or\n\n(d) a person to whom another person’s instalments of youth allowance are to be paid in accordance with subsection 45(1) of this Act.\n\npornographic material has the meaning given by section 123TJ.\n\npriority needs has the meaning given by section 123TH.\n\nquarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.\n\nQueensland Commission means a body or agency that:\n\n(a) is established by a law of Queensland; and\n\n(b) is specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\nrecognised State or Territory has the meaning given by section 123TGAB.\n\nrecognised State/Territory authority has the meaning given by section 123TGAA.\n\nregistered parenting plan has the same meaning as in the Family Law Act 1975.\n\nrepeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.\n\nschool age child has the meaning given by section 123UGG.\n\nstored value card includes a portable device that is:\n\n(a) capable of storing monetary value in a form other than physical currency; and\n\n(b) of a kind specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\nsubject to the income management regime has the meaning given by section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF, 123UFAA or 123UFA.\n\nsupply has the same meaning as in the Competition and Consumer Act 2010.\n\ntobacco product means:\n\n(a) a tobacco product within the meaning of the Public Health (Tobacco and Other Products) Act 2023; or\n\n(b) an e‑cigarette product (within the meaning of that Act) that contains tobacco.\n\nunsatisfactory school attendance situation has the meaning given by section 123UK.\n\nveterans’ entitlement bereavement payment means:\n\n(a) a bereavement payment within the meaning of subsection 53K(3) of the Veterans’ Entitlements Act; or\n\n(b) a bereavement payment paid under subsection 53L(4) of that Act; or\n\n(c) an amount paid under subsection 53Q(1) of that Act; or\n\n(d) a bereavement payment within the meaning of subsection 53T(1) of that Act.\n\nvoluntary income management agreement means an agreement under section 123UM.\n\nvulnerable welfare payment recipient has the meaning given by section 123UGA.\n\n123TF  Declared child protection State or Territory\n\nThe Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.\n\n123TG  Declared primary school area and declared secondary school area\n\nDeclared primary school area\n\n(1) The Minister may, by legislative instrument, determine that:\n\n(a) a specified State; or\n\n(b) a specified Territory; or\n\n(c) a specified area;\n\nis a declared primary school area for the purposes of this Part.\n\n(2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school.\n\nDeclared secondary school area\n\n(3) The Minister may, by legislative instrument, determine that:\n\n(a) a specified State; or\n\n(b) a specified Territory; or\n\n(c) a specified area;\n\nis a declared secondary school area for the purposes of this Part.\n\n(4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school.\n\n123TGAA  Recognised State/Territory authority\n\n(1) The Minister may, by legislative instrument, determine that:\n\n(a) a specified department, or a specified part of a department, of a State or Territory; or\n\n(b) a specified body of a State or Territory; or\n\n(c) a specified agency of a State or Territory;\n\nis a recognised State/Territory authority for the purposes of this Part.\n\nFunctions, powers or duties of officers or employees\n\n(2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.\n\nAppropriate review process\n\n(3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123UFAA(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.\n\n(4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:\n\n(a) the cost of the review process to applicants;\n\n(b) the timeliness of the review process;\n\n(c) whether the review process provides that applicants are entitled to be represented and heard;\n\n(d) the degree of independence of the review process;\n\n(e) whether the review process provides for the use of the services of an interpreter.\n\nThis subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).\n\n123TGAB  Recognised State or Territory\n\nThe Minister may, by legislative instrument, determine that a specified State or Territory is a recognised State or Territory for the purposes of this Part.\n\n123TGA  Declared voluntary income management area\n\nThe Minister may, by legislative instrument, determine that:\n\n(a) a specified State; or\n\n(b) a specified Territory; or\n\n(c) a specified area;\n\nis a declared voluntary income management area for the purposes of this Part.\n\n123TH  Priority needs\n\n(1) For the purposes of this Part, a person’s priority needs are as follows:\n\n(a) food;\n\n(b) non‑alcoholic beverages;\n\n(c) clothing;\n\n(d) footwear;\n\n(e) basic personal hygiene items;\n\n(f) basic household items;\n\n(g) housing, including:\n\n(i) rent; and\n\n(ii) home loan repayments; and\n\n(iii) repairs; and\n\n(iv) maintenance;\n\n(h) household utilities, including:\n\n(i) electricity; and\n\n(ii) gas; and\n\n(iii) water; and\n\n(iv) sewerage; and\n\n(v) garbage collection; and\n\n(vi) fixed‑line telephone;\n\n(i) rates and land tax;\n\n(j) health, including:\n\n(i) medical, nursing, dental or other health services; and\n\n(ii) pharmacy items; and\n\n(iii) the supply, alteration or repair of artificial teeth; and\n\n(iv) the supply, alteration or repair of an artificial limb (or part of a limb), artificial eye or hearing aid; and\n\n(v) the supply, alteration or repair of a medical or surgical appliance; and\n\n(vi) the testing of eyes; and\n\n(vii) the prescribing of spectacles or contact lenses; and\n\n(viii) the supply of spectacles or contact lenses; and\n\n(ix) the management of a disability;\n\n(k) child care and development;\n\n(l) education and training;\n\n(m) items required for the purposes of the person’s employment, including:\n\n(i) a uniform or other occupational clothing; and\n\n(ii) protective footwear; and\n\n(iii) tools of trade;\n\n(n) funerals;\n\n(o) public transport services, where the services are used wholly or partly for purposes in connection with any of the above needs;\n\n(p) the acquisition, repair, maintenance or operation of:\n\n(i) a motor vehicle; or\n\n(ii) a motor cycle; or\n\n(iii) a bicycle;\n\nthat is used wholly or partly for purposes in connection with any of the above needs;\n\n(q) any thing specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\n(2) For the purposes of this Part, excluded goods or excluded services are not priority needs.\n\n123TI  Excluded goods and excluded services\n\nExcluded goods\n\n(1) Each of the following goods are excluded goods for the purposes of this Part:\n\n(a) alcoholic beverages;\n\n(b) tobacco products;\n\n(c) pornographic material;\n\n(d) goods specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\nExcluded services\n\n(2) Each of the following services is an excluded service for the purposes of this Part:\n\n(a) gambling;\n\n(b) a service specified in a legislative instrument made by the Minister for the purposes of this paragraph.\n\n123TJ  Pornographic material\n\n(1) For the purposes of this Part, pornographic material is:\n\n(a) a publication, film or computer game classified RC; or\n\n(b) an unclassified publication, film or computer game that contains material that would be likely to cause it to be classified RC; or\n\n(c) a publication classified Category 1 restricted or Category 2 restricted; or\n\n(d) an unclassified publication that contains material that would be likely to cause it to be classified Category 1 restricted or Category 2 restricted; or\n\n(e) a film classified X 18+; or\n\n(f) an unclassified film that contains material that would be likely to cause it to be classified X 18+.\n\n(2) An expression used in subsection (1) and in the Classification (Publications, Films and Computer Games) Act 1995 has the same meaning in subsection (1) as it has in that Act.\n\n123TK  Eligible recipient\n\n(1) For the purposes of this Part, if a claim by a person for a particular payment is granted, the person is an eligible recipient of the payment during the period:\n\n(a) beginning on:\n\n(i) if the payment is in relation to a service pension or income support supplement—the provisional commencement day (within the meaning of the Veterans’ Entitlements Act) for the payment; or\n\n(ii) in any other case—the start day for the payment; and\n\n(b) ending when the payment is cancelled.\n\n(2) For the purposes of this Part, a person is an eligible recipient of a veteran payment while the person is receiving that payment.\n\nDivision 2—Persons subject to the income management regime\n\nSubdivision A—Situations in which a person is subject to the income management regime\n\n123UA  Persons subject to the income management regime\n\nThis Subdivision sets out the various situations in which a person is subject to the income management regime.\n\n123UC  Persons subject to the income management regime—child protection\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category H welfare payment; and\n\n(b) before the test time, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and\n\n(c) the notice was given:\n\n(i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or\n\n(ii) in the exercise of the executive power of a State or Territory; and\n\n(d) at the test time, the notice had not been withdrawn or revoked; and\n\n(e) at the test time, the State or Territory is a declared child protection State or Territory; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(g) at the test time, the person is not subject to the income management regime under section 123UF; and\n\n(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the income management regime under subsection (1); or\n\n(ii) subject to the enhanced income management regime under subsection 123SCA(1).\n\n(3) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UCA  Persons subject to the income management regime—vulnerable welfare payment recipients\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is an eligible recipient of a category H welfare payment; and\n\n(b) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (3); and","sortOrder":1000031},{"sectionNumber":"full-source-retrieval-0033","sectionType":"document_chunk","heading":"Document excerpt 33","content":"(c) at the test time, the person is a vulnerable welfare payment recipient; and\n\n(d) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(e) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE, 123UF or 123UFAA.\n\n(2) If:\n\n(a) a person is subject to the income management regime under subsection (1); and\n\n(b) paragraph (1)(b) ceases to apply in relation to the person; and\n\n(c) at the time of that cessation, paragraphs (1)(a), (c), (d) and (e) apply in relation to the person;\n\nthen the person remains subject to the income management regime under subsection (1) until paragraph (1)(a), (c), (d) or (e) ceases to apply in relation to the person.\n\n(3) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.\n\n(5) If:\n\n(a) a person was a program participant under section 124PGE on the day before the closure day; and\n\n(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsection (1) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n(6) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UCB  Persons subject to the income management regime—disengaged youth\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is an eligible recipient of a category E welfare payment; and\n\n(b) at the test time, the person is at least 15 years of age and under 25 years of age; and\n\n(c) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (4); and\n\n(d) at the test time, the person is not an exempt welfare payment recipient; and\n\n(e) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and\n\n(g) the person was an eligible recipient of a category E welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time.\n\n(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the income management regime under subsection (1); or\n\n(ii) subject to the enhanced income management regime under subsection 123SD(1) or 123SDA(1).\n\n(3) If:\n\n(a) a person is subject to the income management regime under subsection (1); and\n\n(b) paragraph (1)(c) ceases to apply in relation to the person; and\n\n(c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person;\n\nthen the person remains subject to the income management regime under subsection (1) until the earlier of the following:\n\n(d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person;\n\n(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.\n\n(4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.\n\n(6) If:\n\n(a) a person was a program participant under section 124PGE on the day before the closure day; and\n\n(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n(7) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UCC  Persons subject to the income management regime—long‑term welfare payment recipients\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is an eligible recipient of a category E welfare payment; and\n\n(b) at the test time, the person is at least 25 years of age but has not reached pension age; and\n\n(c) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (4); and\n\n(d) at the test time, the person is not an exempt welfare payment recipient; and\n\n(e) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and\n\n(g) the person was an eligible recipient of a category E welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time.\n\n(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the income management regime under subsection (1); or\n\n(ii) subject to the enhanced income management regime under subsection 123SD(3) or 123SDA(5).\n\n(3) If:\n\n(a) a person is subject to the income management regime under subsection (1); and\n\n(b) paragraph (1)(c) ceases to apply in relation to the person; and\n\n(c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person;\n\nthen the person remains subject to the income management regime under subsection (1) until the earlier of the following:\n\n(d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person;\n\n(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.\n\n(4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.\n\n(6) If:\n\n(a) a person was a program participant under section 124PGE on the day before the closure day; and\n\n(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n(7) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UD  Persons subject to the income management regime—school enrolment\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category H welfare payment; and\n\n(b) at the test time, the person, or the person’s partner, has an eligible care child; and\n\n(c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and\n\n(d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:\n\n(i) a primary school in a declared primary school area; or\n\n(ii) a secondary school in a declared secondary school area; and\n\n(e) at the test time, the eligible care child is not enrolled at:\n\n(i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or\n\n(ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(g) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and\n\n(h) at the test time, a determination under subsection (2) is not in force in relation to the person; and\n\n(i) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.\n\n(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).\n\n(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.\n\n(4) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).\n\n(4B) If:\n\n(a) a person was a program participant under section 124PGE on the day before the closure day; and\n\n(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\nDocumentary evidence\n\n(5) If a person, or the person’s partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child’s enrolment at a school during a specified applicable school period.\n\n(6) A notice under subsection (5) must set out the effect of subsection (9).\n\n(7) The compliance period specified in a notice under subsection (5) must not be shorter than 7 days.\n\n(8) The Secretary may extend the compliance period specified in a notice under subsection (5).\n\n(9) If:\n\n(a) a person is given a notice under subsection (5); and\n\n(b) the person does not comply with the notice;\n\nthe Secretary may determine that subsection (1) has effect as if the eligible care child was not enrolled at any school at any time during the applicable school period specified in the notice.\n\n(10) This Part does not prevent a notice from being characterised as:\n\n(a) a notice under subsection (5); and\n\n(b) a notice under another provision of a law of the Commonwealth.\n\n123UE  Persons subject to the income management regime—school attendance\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category H welfare payment; and\n\n(b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and\n\n(c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:\n\n(i) the person; or\n\n(ii) the person’s partner; and\n\n(d) at the test time, the child is enrolled at a school; and\n\n(e) if the school is a primary school—at the test time, the school is in a declared primary school area; and\n\n(f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and\n\n(g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123UL; and\n\n(h) the whole or a part of an applicable school period in relation to the child occurred in the period:\n\n(i) beginning when the formal warning was given; and\n\n(ii) ending at the test time; and\n\n(i) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(j) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and\n\n(k) at the test time, a determination under subsection (2) is not in force in relation to the person; and\n\n(l) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.\n\n(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).\n\n(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.\n\n(4) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).\n\n(6) If:\n\n(a) a person was a program participant under section 124PGE on the day before the closure day; and\n\n(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n123UF  Persons subject to the income management regime—Queensland Commission\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category P welfare payment; and\n\n(b) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and\n\n(c) the notice was given under a law of Queensland; and\n\n(d) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and\n\n(e) at the test time, the notice had not been withdrawn or revoked; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(g) the test time occurs before 1 January 2022.\n\n(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, neither the person, nor the person’s partner, is an eligible recipient of a category P welfare payment; and\n\n(b) at the test time, the person, or the person’s partner, is an eligible recipient of a category R welfare payment; and\n\n(c) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and\n\n(d) the notice was given under a law of Queensland; and\n\n(e) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and\n\n(f) at the test time, the notice had not been withdrawn or revoked; and\n\n(g) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(h) the test time occurs before 1 January 2022.\n\n(3) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1) or (2).\n\nRelationship with Part 3D\n\n(4) If a person becomes a program participant under section 124PGD on a day (the trigger day), the following apply:\n\n(a) despite any other provision of this Part, the Secretary may, on a day (the transfer day) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part 3D) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the transfer day;\n\n(b) immediately after any such payment:\n\n(i) the Income Management Record is debited by an amount equal to the payment; and\n\n(ii) the person’s income management account is debited by an amount equal to the payment;","sortOrder":1000032},{"sectionNumber":"full-source-retrieval-0034","sectionType":"document_chunk","heading":"Document excerpt 34","content":"(c) if the person is subject to the income management regime under subsection (1) on the day before the trigger day—the person ceases to be subject to the income management regime under subsection (1) on the trigger day.\n\n123UFAA  Persons subject to the income management regime—other State/Territory referrals\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person, or the person’s partner, is an eligible recipient of a category H welfare payment; and\n\n(b) before the test time, an officer or employee of a recognised State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and\n\n(c) the notice was given:\n\n(i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or\n\n(ii) in the exercise of the executive power of a State or Territory; and\n\n(d) at the test time, the notice had not been withdrawn or revoked; and\n\n(e) at the test time, the State or Territory is a recognised State or Territory; and\n\n(f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(g) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE or 123UF.\n\n(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:\n\n(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and\n\n(b) at the test time, the person has a Part 3B payment nominee; and\n\n(c) at the test time, the Part 3B payment nominee is:\n\n(i) subject to the income management regime under subsection (1); or\n\n(ii) subject to the enhanced income management regime under subsection 123SCJ(1).\n\n(4) If:\n\n(a) a person was a program participant under section 124PGE on the day before the closure day; and\n\n(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;\n\nthen, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.\n\n(5) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\n123UFA  Persons subject to the income management regime—voluntary income management agreement\n\n(1) For the purposes of this Part, a person is subject to the income management regime at a particular time if, at that time, a voluntary income management agreement is in force in relation to the person.\n\n(2) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.\n\nSubdivision BA—Additional provisions relating to vulnerable welfare payment recipients\n\n123UGA  Vulnerable welfare payment recipients\n\nDetermination by Secretary\n\n(1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.\n\n(2) In making a determination under subsection (1), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.\n\nDuration of determination\n\n(3) A determination made under subsection (1):\n\n(a) comes into force:\n\n(i) on the day on which it is made; or\n\n(ii) if a later day is specified in the determination—on that later day; and\n\n(b) remains in force (unless earlier revoked):\n\n(i) for 12 months; or\n\n(ii) if a shorter period is specified in the determination—for that shorter period.\n\nNew determinations\n\n(4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.\n\nVariation and revocation\n\n(5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):\n\n(a) on his or her own initiative; or\n\n(b) on request made under subsection (8).\n\n(6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision‑making principles set out in an instrument made for the purposes of subsection (2).\n\n(7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.\n\nRequest to reconsider circumstances\n\n(8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:\n\n(a) reconsider the person’s circumstances; and\n\n(b) vary, or revoke, the determination.\n\n(9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.\n\n(10) If a person makes a request under subsection (8), the Secretary must reconsider the person’s circumstances unless the request was made in contravention of subsection (9).\n\nDetermination not a legislative instrument\n\n(11) A determination made under subsection (1) is not a legislative instrument.\n\nSubdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients\n\n123UGB  Exempt welfare payment recipient—inclusion in specified class\n\n(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).\n\n(2) The Minister may, by legislative instrument, specify a class of persons to be exempt welfare payment recipients for the purposes of this section.\n\n(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.\n\n123UGC  Exempt welfare payment recipient—person is not the principal carer of a child\n\n(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:\n\n(a) at the test time, the person is not the principal carer of a child who is a school age child or younger; and\n\n(b) the Secretary is satisfied that one of the following applies:\n\n(i) the person is a full‑time student or a new apprentice at the test time;\n\n(ii) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person);\n\n(iia) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person);\n\n(iii) at the test time, the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).\n\n(2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii). The activities may be specified by reference to a class of persons undertaking the activities.\n\n(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.\n\n123UGD  Exempt welfare payment recipient—person is the principal carer of a child\n\n(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:\n\n(a) at the test time, the person is the principal carer of a child who is a school age child or younger; and\n\n(b) in relation to each child who is a school age child—the Secretary is satisfied that:\n\n(i) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or\n\n(ia) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or\n\n(ii) at the test time, the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child’s schooling is progressing satisfactorily; or\n\n(iii) at the test time, the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and\n\n(c) in relation to each other child—the Secretary is satisfied that, at the test time, the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and\n\n(d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the 12‑month period ending immediately before the test time.\n\nNote: In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with decision‑making principles: see subsection (5).\n\nAlternative activities for school age children\n\n(2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii).\n\nActivities relating to children (other than school age children)\n\n(3) The Minister must, by legislative instrument, specify the number and kind of activities that a person, or the person’s child (other than a school age child), may participate in for the purposes of paragraph (1)(c).\n\n(4) The activities that may be specified under subsection (3) may relate to a child’s intellectual, physical or social development.\n\nDecision‑making principles relating to financial vulnerability\n\n(5) In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.\n\nDetermination not a legislative instrument\n\n(6) A determination made by the Secretary under subsection (1) is not a legislative instrument.\n\nDefinitions\n\n(7) In this section:\n\nperson responsible, for the operation of a school, has the same meaning as in Part 3C.\n\n123UGF  Full‑time student\n\nA person is a full‑time student for the purposes of this Part if the person:\n\n(a) is an eligible recipient of youth allowance; and\n\n(b) is undertaking full‑time study (as defined by section 541B of the 1991 Act).\n\n123UGG  School age child\n\n(1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory:\n\n(a) to be enrolled at a school; or\n\n(b) to attend a school at times required under that law.\n\n(2) For the purposes of this section:\n\nattendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.\n\nenrolment, at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.\n\nSubdivision C—Additional provisions relating to school enrolment and attendance\n\n123UH  Eligible care child\n\nFor the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if:\n\n(a) at the particular time, the first person is a child for whom the other person is the principal carer; or\n\n(b) all of the following conditions are satisfied:\n\n(i) that time occurs during an eligible care period;\n\n(ii) under a family law order, registered parenting plan or parenting plan that is in force during the eligible care period, the first person is supposed to live or spend time with the other person;\n\n(iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the eligible care period, the first person would have been in the other person’s care for at least 14% of that period.\n\n123UI  Applicable school period\n\n(1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.\n\n(2) A period ascertained under subsection (1) may be a recurring period.\n\n(3) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.\n\n(4) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section.\n\n123UJ  Eligible care period\n\n(1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.\n\n(2) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).\n\n(3) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section.\n\n123UK  Unsatisfactory school attendance situation\n\n(1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.\n\n(2) However, an unsatisfactory school attendance situation does not exist in relation to a child if the child is not required, under a law of a State or Territory, to attend school in a State or Territory.\n\n(3) For the purposes of this Part, it is immaterial whether an unsatisfactory school attendance situation exists or has existed before or after the commencement of this section.\n\n123UL  Formal warning—unsatisfactory school attendance situation\n\nIf:\n\n(a) a person is not subject to the income management regime under section 123UE; and\n\n(b) the person, or the person’s partner, has an eligible care child; and\n\n(c) an unsatisfactory school attendance situation exists, or has existed, in relation to the eligible care child;\n\nthe Secretary may give the person a formal warning that the person, or the person’s partner, could become subject to the income management regime under section 123UE if an unsatisfactory school attendance situation exists in relation to the eligible care child.\n\nSubdivision D—Voluntary income management agreements\n\n123UM  Voluntary income management agreement\n\n(1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the income management regime throughout the period when the agreement is in force.\n\n(2) An agreement under subsection (1) is to be known as a voluntary income management agreement.\n\n(3) The Secretary must not enter into a voluntary income management agreement with a person (the first person) unless:\n\n(a) the first person is an eligible recipient of a category H welfare payment; and\n\n(b) the first person’s usual place of residence is within a declared voluntary income management area; and\n\n(c) if the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee.\n\n(4) In deciding whether to enter into a voluntary income management agreement with a person, the Secretary must have regard to:\n\n(a) the extent to which it would be feasible for the Secretary to take action under Division 6 in relation to the person if the person were subject to the income management regime; and\n\n(b) such other matters (if any) as the Secretary considers relevant.\n\n(5) The Secretary must not enter into a voluntary income management agreement with a person if:\n\n(a) the person is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; or\n\n(b) during the 12‑month period ending when the voluntary income management agreement is to come into force, there were 4 occasions on which previous voluntary income management agreements relating to the person were terminated under subsection 123UO(2).\n\n123UN  Duration of voluntary income management agreement\n\n(1) A voluntary income management agreement in relation to a person (the first person):\n\n(a) comes into force at the time specified in the agreement, so long as:\n\n(i) at that time, the first person is an eligible recipient of a category H welfare payment; and\n\n(ii) at that time, the first person’s usual place of residence is within a declared voluntary income management area; and\n\n(iii) if, at that time, the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and\n\n(v) at that time, the first person is not subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; and\n\n(b) remains in force until:\n\n(i) it is terminated under section 123UO; or","sortOrder":1000033},{"sectionNumber":"full-source-retrieval-0035","sectionType":"document_chunk","heading":"Document excerpt 35","content":"(ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123UO before the end of that period—the end of that period.\n\n(3) If a voluntary income management agreement (the original agreement) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.\n\n(4) If a voluntary income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary income management agreement with the person.\n\n123UO  Termination of voluntary income management agreement\n\nTermination by request\n\n(1) A person may, by written notice given to the Secretary, request the Secretary to terminate a voluntary income management agreement in relation to the person if:\n\n(a) the agreement has been in force for at least 13 weeks; or\n\n(b) the person has made a request (whether orally or in writing) to the Secretary to enter into a voluntary enhanced income management agreement (within the meaning of Part 3AA).\n\n(2) The Secretary must terminate a voluntary income management agreement in relation to a person as soon as practicable after the person makes a valid request under subsection (1).\n\nGrounds of termination\n\n(3) If:\n\n(a) a voluntary income management agreement in relation to a person (the first person) is in force; and\n\n(b) any of the following events occurs:\n\n(i) the first person ceases to be an eligible recipient of a category H welfare payment;\n\n(iii) in a case where the first person has a Part 3B payment nominee—the Part 3B payment nominee becomes an excluded Part 3B payment nominee;\n\n(v) the first person becomes subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA;\n\n(vi) the Secretary becomes satisfied that it is not feasible for the Secretary to take action under Division 6 in relation to the first person;\n\nthe Secretary must terminate the voluntary income management agreement as soon as practicable after the occurrence of the event.\n\n(3A) If:\n\n(a) a voluntary income management agreement in relation to a person is in force; and\n\n(b) the person’s usual place of residence is within the Northern Territory;\n\nthe Secretary may, by written notice given to the person, terminate the agreement. The termination takes effect on a day specified in the notice (which must not be earlier than the day on which the notice is given).\n\nLimit on new voluntary income management agreements\n\n(4) If a voluntary income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary income management agreement with the person within 21 days after the termination.\n\nSubdivision E—Relationship with Part 3AA\n\n123UP  Payment of credit balances of income management account to BasicsCard bank account\n\n(1) This section applies if a person becomes subject to the enhanced income management regime (within the meaning of Part 3AA) on a day (the trigger day).\n\nNote: A person who is subject to the income management regime can request to transfer to the enhanced income management regime (see section 123SIA).\n\n(2) Despite any other provision of this Part, the Secretary may, on a day (the payment day) before the end of 60 days beginning on the trigger day, pay, to the credit of a BasicsCard bank account (within the meaning of Part 3AA) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the payment day.\n\n(3) Immediately after any such payment:\n\n(a) the Income Management Record is debited by an amount equal to the payment; and\n\n(b) the person’s income management account is debited by an amount equal to the payment.\n\n(4) Despite any other provision of this Part, the person cannot become subject to the income management regime under any provision of this Part at any time on or after the trigger day.\n\nDivision 3—Establishment of the Income Management Record\n\n123VA  Establishment of the Income Management Record\n\nThe Income Management Record is established by this section.\n\n123VC  Bank account\n\nAmounts standing to the credit of the Income Management Record may be kept in a single bank account.\n\nDivision 4—Income management accounts\n\nSubdivision A—Income management accounts\n\n123WA  Income management accounts\n\nIncome management accounts to be kept\n\n(1) Separate notional accounts are to be kept within the Income Management Record in the names of particular persons.\n\nPerson’s income management account\n\n(2) An account kept in the name of a person is to be known as the person’s income management account.\n\nNote: Section 123TC provides that income management account means a notional account kept in accordance with this section.\n\nAmounts not held on trust\n\n(3) An amount standing to the credit of a person’s income management account is not held on trust.\n\n123WB  Opening of income management accounts\n\nPower\n\n(1) The Secretary may open an income management account in the name of a particular person.\n\n(2) The Secretary may open the income management account even if the person is not subject to the income management regime.\n\nDuty\n\n(3) The Secretary must open an income management account in the name of a particular person if:\n\n(a) the person does not already have an income management account; and\n\n(b) the person is subject to the income management regime.\n\n123WC  Closing of income management accounts\n\nThe Secretary may close a person’s income management account if the balance of the income management account is nil, and:\n\n(a) the person is not subject to the income management regime; or\n\n(b) the person has died.\n\n123WD  Income management accounts may have a nil balance\n\nNil balance\n\n(1) A person’s income management account may have a nil balance.\n\nExamples\n\n(2) The following are examples of cases where an income management account might have a nil balance:\n\n(a) no amount has been credited to the income management account;\n\n(b) the balance of the income management account has been debited under section 123WJ;\n\n(c) the balance of the income management account has been debited under section 123WL;\n\n(d) the balance of the income management account has been debited under Division 6.\n\n123WE  One income management account per person\n\nOnly one income management account\n\n(1) Only one income management account may be kept in respect of a particular person.\n\n(2) A contravention of subsection (1) does not affect the validity of an income management account.\n\nAmalgamation\n\n(3) If the Secretary becomes aware that 2 or more income management accounts are being kept in respect of the same person, the Secretary must amalgamate the accounts into a single account.\n\n123WF  Credits to, and debits from, a person’s income management account\n\nAn amount must not be credited to, or debited from, a person’s income management account except as provided by this Part.\n\nSubdivision B—Account statements\n\n123WG  Internet and telephone access to account statements etc.\n\nScope\n\n(1) This section applies if an income management account is kept in the name of a person.\n\nInternet and telephone access to account statements etc.\n\n(2) The Secretary may issue the person with a means of identification (for example, a personal identification number) that enables the person to do either or both of the following:\n\n(a) to access on the internet electronic versions of account statements for the person’s income management account;\n\n(b) to be told the balance of the person’s income management account using an automated telephone answering system.\n\n123WH  Person may request account statements\n\nScope\n\n(1) This section applies if an income management account is kept in the name of a person.\n\nAccount statement may be requested\n\n(2) The person may request the Secretary to give the person a written account statement for the income management account.\n\n(3) The Secretary must comply with the request.\n\n(4) However, the Secretary may refuse to comply with the request if the person has made a previous request at any time during the preceding period of 30 days.\n\n123WI  Account statements to be given\n\nScope\n\n(1) This section applies if an income management account is kept in the name of a person.\n\nAccount statement to be given\n\n(2) At least once each quarter, the Secretary must give the person a written account statement for the income management account.\n\n(3) However, the Secretary is not required to give the person a written account statement relating to a particular period unless:\n\n(a) an amount has been credited to, or debited from, the income management account during that period; or\n\n(b) the income management account has a credit balance as at the end of that period.\n\nSubdivision C—Miscellaneous\n\n123WJ  Payment of credit balances of income management accounts—person ceases to be subject to the income management regime\n\nScope\n\n(1) This section applies if:\n\n(a) at a particular time, a person (the first person) ceases to be subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance at that time; and\n\n(c) if, immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA—the Secretary is satisfied that the first person is not likely to become subject to the income management regime within 60 days after the cessation; and\n\n(d) if, immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA—the Secretary is satisfied that the first person is not likely to become subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA within 60 days after the cessation.\n\nResidual amount\n\n(2) For the purposes of this section, the residual amount is an amount equal to the credit balance of the first person’s income management account.\n\n(3) The residual amount is payable to the first person in accordance with this section.\n\nPayment by instalments\n\n(4) The Secretary may determine that the whole or a part of the residual amount is to be paid to the first person by instalments. The instalments are to be paid on the days specified in a determination made by the Secretary.\n\n(5) The days specified in the determination must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.\n\n(6) If an instalment is paid under subsection (4):\n\n(a) the Income Management Record is debited by an amount equal to the amount of the instalment; and\n\n(b) the first person’s income management account is debited by an amount equal to the amount of the instalment.\n\nLump sum payment\n\n(7) The Secretary may determine that the whole or a part of the residual amount is to be paid to the first person as a single lump sum on a day determined by the Secretary.\n\n(8) The day specified in the determination must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.\n\n(9) The Secretary must not make a determination under subsection (7) unless:\n\n(a) the lump sum is $200 or less; or\n\n(b) the Secretary is satisfied that there are special circumstances that warrant the making of the determination; or\n\n(c) immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA.\n\n(10) If a lump sum is paid under subsection (7):\n\n(a) the Income Management Record is debited by an amount equal to the lump sum; and\n\n(b) the first person’s income management account is debited by an amount equal to the lump sum.\n\nExpense payment\n\n(11) The Secretary may, on behalf of the Commonwealth:\n\n(a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person; or\n\n(b) make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person;\n\nso long as:\n\n(c) the payment is made with the consent of the first person; and\n\n(d) the amount paid by the Secretary does not exceed the residual amount.\n\n(12) The payment under subsection (11) must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.\n\n(13) If the Secretary makes a payment under subsection (11):\n\n(a) the Income Management Record is debited by an amount equal to the amount paid under subsection (11); and\n\n(b) the first person’s income management account is debited by an amount equal to the amount paid under subsection (11); and\n\n(c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount paid under subsection (11).\n\nSet‑off\n\n(14) If the first person owes an amount (the debt amount) to the Commonwealth, the Secretary may, with the consent of the first person, set off the whole or part of the residual amount against the whole or a part of the debt amount.\n\n(15) The set‑off under subsection (14) must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.\n\n(16) If the Secretary sets off an amount under subsection (14):\n\n(a) the Income Management Record is debited by an amount equal to the amount set off; and\n\n(b) the first person’s income management account is debited by an amount equal to the amount set off; and\n\n(c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount set off.\n\n(16A) Subsection (14) is not limited by Chapter 5 of the 1991 Act also applying in relation to the debt amount.\n\nTax consequences\n\n(17) If a payment is made under subsection (4), (7) or (11), the payment does not have consequences under the income tax law for the first person.\n\n(18) If the Secretary sets off an amount under subsection (14), the set‑off does not have consequences under the income tax law for the first person.\n\nInterpretation\n\n(19) This section is subject to section 123WJA.\n\n123WJA  Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again\n\n(1) This section applies if:\n\n(a) at a particular time, a person ceases to be subject to the income management regime; and\n\n(b) at the time referred to in paragraph (a), there is a residual amount in relation to the person; and\n\n(c) at any time after the cessation, the person becomes subject to the income management regime again; and\n\n(d) at the time referred to in paragraph (c), the whole or a part of the residual amount has not been paid to the person in accordance with section 123WJ.\n\n(2) The Secretary may determine that section 123WJ ceases to apply in relation to:\n\n(a) the whole of the residual amount; or\n\n(b) a part of the residual amount specified in the determination.\n\nThe determination has effect accordingly.\n\n(3) In this section:\n\nresidual amount has the same meaning as in subsection 123WJ(2).\n\n123WK  Payment into bank account etc. of credit balances of income management accounts—person ceases to be subject to the income management regime\n\nScope\n\n(1) This section applies to an amount that is to be paid to a person as:\n\n(a) an instalment under subsection 123WJ(4); or\n\n(b) a lump sum under subsection 123WJ(7).\n\nPayment into bank account etc.\n\n(2) The amount is to be paid to the credit of a bank account kept by the person.\n\n(3) The bank account may be kept by the person either alone or jointly or in common with another person.\n\n(4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).\n\n(5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction.\n\n123WL  Payment of credit balances of income management accounts—person dies\n\nScope\n\n(1) This section applies if:\n\n(a) an income management account is kept in the name of a person; and\n\n(b) the person dies; and\n\n(c) at the time of the person’s death, the person’s income management account has a credit balance.\n\nResidual amount\n\n(2) For the purposes of this section, the residual amount is an amount equal to the credit balance of the person’s income management account.\n\nPayment of residual amount\n\n(3) The residual amount is to be paid in one or more of the following ways (as determined by the Secretary):\n\n(a) to the legal personal representative of the person;\n\n(b) to one or more other persons whom the Secretary is satisfied have carried out, are carrying out, or will carry out, an appropriate activity in relation to the estate or affairs of the person;\n\n(c) to the credit of a bank account nominated by the person for the purposes of subsection 55(2).\n\nAn amount that is to be paid under this subsection is to be paid as a lump sum on a day determined by the Secretary.\n\n(3A) A person may be paid more than one amount under subsection (3).\n\n(5) If a lump sum is paid under subsection (3):\n\n(a) the Income Management Record is debited by an amount equal to the lump sum; and\n\n(b) the person’s income management account is debited by an amount equal to the lump sum.\n\nTax consequences\n\n(6) If a payment is made under subsection (3), the payment does not have consequences under the income tax law for the person’s estate.\n\n123WM  Payment into bank account etc. of credit balances of income management accounts—person dies\n\nScope","sortOrder":1000034},{"sectionNumber":"full-source-retrieval-0036","sectionType":"document_chunk","heading":"Document excerpt 36","content":"(1) This section applies to an amount that is to be paid to a person under paragraph 123WL(3)(a) or (b).\n\nPayment into bank account etc.\n\n(2) The amount is to be paid to the credit of a bank account kept by the person.\n\n(3) The bank account may be kept by the person either alone or jointly or in common with another person.\n\n(4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).\n\n(5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction.\n\n123WN  Crediting of amounts to income management accounts—Ministerial rules\n\nThe Minister may, by legislative instrument, make rules providing that an amount ascertained in accordance with the rules is to be credited to:\n\n(a) the Income Management Record; and\n\n(b) a person’s income management account;\n\nin the circumstances specified in the rules.\n\nDivision 5—Deductions from welfare payments\n\nSubdivision B—Child protection\n\n123XI  Deductions from category I welfare payments—instalments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UC; and\n\n(b) an instalment of a category I welfare payment is payable to the person.\n\nDeductions from category I welfare payments—instalments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n(b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:\n\n(a) 100%; or\n\n(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\nof the net amount of the instalment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\n123XJ  Deductions from category I welfare payments—lump sums\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UC; and\n\n(b) a category I welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category I welfare payments—lump sums\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is:\n\n(a) 100%; or\n\n(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\nof the net amount of the payment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision BA—Vulnerable welfare payment recipients\n\n123XJA  Deductions from category I welfare payments—instalments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UCA; and\n\n(b) an instalment of category I welfare payment is payable to the person.\n\nDeductions from category I welfare payments—instalments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n(b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.\n\nDeductible portion\n\n(4) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:\n\n(a) 50%; or\n\n(b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;\n\nof the net amount of the instalment (rounded down to the nearest cent).\n\n(5) An instrument under paragraph (4)(b) may specify different percentages in relation to different category I welfare payments.\n\n(6) An instrument under paragraph (4)(b) may specify a percentage that is higher than 50% only if the Minister considers the higher percentage is necessary to promote the objects of this Part.\n\n123XJB  Deductions from category I welfare payments—lump sums\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UCA; and\n\n(b) a category I welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category I welfare payments—lump sums\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is:\n\n(a) 100%; or\n\n(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\nof the net amount of the instalment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision BB—Disengaged youth and long‑term welfare payment recipients\n\n123XJC  Deductions from category I welfare payments—instalments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UCB or 123UCC; and\n\n(b) an instalment of category I welfare payment is payable to the person.\n\nDeductions from category I welfare payments—instalments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n(b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.\n\nDeductible portion\n\n(4) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:\n\n(a) 50%; or\n\n(b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;\n\nof the net amount of the instalment (rounded down to the nearest cent).\n\n(5) An instrument under paragraph (4)(b) may specify different percentages in relation to different category I welfare payments.\n\n(6) An instrument under paragraph (4)(b) may specify a percentage that is higher than 50% only if the Minister considers the higher percentage is necessary to promote the objects of this Part.\n\n123XJD  Deductions from category I welfare payments—lump sums\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UCB or 123UCC; and\n\n(b) a category I welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category I welfare payments—lump sums\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is:\n\n(a) 100%; or\n\n(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\nof the net amount of the instalment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision C—School enrolment and attendance\n\n123XK  Deductions from category I welfare payments—instalments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UD or 123UE; and\n\n(b) an instalment of a category I welfare payment is payable to the person.\n\nDeductions from category I welfare payments—instalments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n(b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:\n\n(a) 100%; or\n\n(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\nof the net amount of the instalment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\n123XL  Deductions from category I welfare payments—lump sums\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UD or 123UE; and\n\n(b) a category I welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category I welfare payments—lump sums\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is:\n\n(a) 100%; or\n\n(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\nof the net amount of the payment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision D—Queensland Commission\n\n123XM  Deductions from category Q welfare payments—instalments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under subsection 123UF(1) or (3); and\n\n(b) an instalment of a category Q welfare payment is payable to the person.\n\nDeductions from category Q welfare payments—instalments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the instalment of the category Q welfare payment the deductible portion of the instalment;\n\n(b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of an instalment of a category Q welfare payment is the percentage of the net amount of the instalment determined by the Secretary in relation to the instalment (rounded down to the nearest cent).\n\n(4) The percentage specified in the determination must not exceed 100%.\n\n123XN  Deductions from category Q welfare payments—lump sums\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under subsection 123UF(1) or (3); and\n\n(b) a category Q welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category Q welfare payments—lump sums\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the category Q welfare payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of a category Q welfare payment is the percentage of the net amount of the payment determined by the Secretary in relation to the payment (rounded down to the nearest cent).\n\n(4) The percentage specified in the determination must not exceed 100%.\n\n123XO  Deductions from category S welfare payments—instalments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under subsection 123UF(2); and\n\n(b) an instalment of a category S welfare payment is payable to the person.\n\nDeductions from category S welfare payments—instalments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the instalment of the category S welfare payment the deductible portion of the instalment;\n\n(b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of an instalment of a category S welfare payment is the percentage of the net amount of the instalment determined by the Secretary in relation to the instalment (rounded down to the nearest cent).\n\n(4) The percentage specified in the determination must not exceed 100%.\n\n123XP  Deductions from category S welfare payments—lump sums\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under subsection 123UF(2); and\n\n(b) a category S welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category S welfare payments—lump sums\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the category S welfare payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of a category S welfare payment is the percentage of the net amount of the payment determined by the Secretary in relation to the payment (rounded down to the nearest cent).\n\n(4) The percentage specified in the determination must not exceed 100%.\n\nSubdivision DAA—Other State/Territory referrals\n\n123XPAA  Deductions from category I welfare payments—instalments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UFAA; and\n\n(b) an instalment of a category I welfare payment is payable to the person.\n\nDeductions from category I welfare payments—instalments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n(b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:\n\n(a) 70%; or\n\n(b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;\n\nof the net amount of the instalment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages depending on one or more of the following:\n\n(a) the category I welfare payments payable to persons subject to the income management regime under section 123UFAA;\n\n(b) the usual place of residence of those persons;\n\n(c) the recognised State/Territory authorities whose officers or employees may give a notice of the kind referred to in paragraph 123UFAA(1)(b).\n\n123XPAB  Deductions from category I welfare payments—lump sums\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UFAA; and\n\n(b) a category I welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category I welfare payments—lump sums\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is:\n\n(a) 100%; or","sortOrder":1000035},{"sectionNumber":"full-source-retrieval-0037","sectionType":"document_chunk","heading":"Document excerpt 37","content":"(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\nof the net amount of the payment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages depending on one or more of the following:\n\n(a) the category I welfare payments payable to persons subject to the income management regime under section 123UFAA;\n\n(b) the usual place of residence of those persons;\n\n(c) the recognised State/Territory authorities whose officers or employees may give a notice of the kind referred to in paragraph 123UFAA(1)(b).\n\nSubdivision DA—Voluntary income management agreements\n\n123XPA  Deductions from category I welfare payments—instalments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UFA; and\n\n(b) an instalment of a category I welfare payment is payable to the person.\n\nDeductions from category I welfare payments—instalments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;\n\n(b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:\n\n(a) 70%; or\n\n(b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage;\n\nof the net amount of the instalment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\n123XPB  Deductions from category I welfare payments—lump sums\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime under section 123UFA; and\n\n(b) a category I welfare payment is payable to the person otherwise than by instalments.\n\nDeductions from category I welfare payments—lump sums\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\nDeductible portion\n\n(3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is:\n\n(a) 100%; or\n\n(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;\n\nof the net amount of the payment (rounded down to the nearest cent).\n\n(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.\n\nSubdivision DB—Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments\n\n123XPBA  Deductions from 2020 economic support payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime; and\n\n(b) a 2020 economic support payment is payable to the person.\n\nDeductions from 2020 economic support payments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the 2020 economic support payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\n(3) For the purposes of subsection (2), the deductible portion of a 2020 economic support payment is 100% of the amount of the payment.\n\n123XPBB  Deductions from additional economic support payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime; and\n\n(b) an additional economic support payment is payable to the person.\n\nDeductions from additional economic support payments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the additional economic support payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\n(3) For the purposes of subsection (2), the deductible portion of an additional economic support payment is 100% of the amount of the payment.\n\n123XPC  Deductions from economic security strategy payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime; and\n\n(b) an economic security strategy payment is payable to the person.\n\n(2) However, this section does not apply in relation to an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act if the person is subject to the income management regime because of section 123UF.\n\nDeductions from economic security strategy payments\n\n(3) The following provisions have effect:\n\n(a) the Secretary must deduct from the economic security strategy payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\n(4) For the purposes of subsection (3), the deductible portion of an economic security strategy payment is 100% of the amount of the payment.\n\n123XPD  Deductions from household stimulus payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime; and\n\n(b) a household stimulus payment is payable to the person.\n\nDeductions from household stimulus payments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the household stimulus payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\n(3) For the purposes of subsection (2), the deductible portion of a household stimulus payment is 100% of the amount of the payment.\n\n123XPE  Deductions from 2022 cost of living payment\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime; and\n\n(b) a 2022 cost of living payment is payable to the person.\n\nDeductions from 2022 cost of living payment\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the 2022 cost of living payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\n(3) For the purposes of subsection (2), the deductible portion of a 2022 cost of living payment is 100% of the amount of the payment.\n\nSubdivision DC—Relocation scholarship payments\n\n123XPG  Deductions from relocation scholarship payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime; and\n\n(b) a relocation scholarship payment is payable to the person.\n\nDeductions from payment\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the relocation scholarship payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\n(3) For the purposes of subsection (2), the deductible portion of a relocation scholarship payment is:\n\n(a) 100% of the amount of the payment; or\n\n(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage of the amount of the payment.\n\nSubdivision DE—Clean energy income‑managed payments\n\n123XPJ  Deductions from clean energy income‑managed payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime; and\n\n(b) a clean energy income‑managed payment is payable to the person.\n\nDeductions from clean energy income‑managed payments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\n(3) For the purposes of subsection (2), the deductible portion of a clean energy income‑managed payment is 100% of the amount of the payment.\n\nSubdivision DF—ETR income‑managed payments\n\n123XPK  Deductions from ETR income‑managed payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person is subject to the income management regime; and\n\n(b) an ETR income‑managed payment is payable to the person.\n\nDeductions from ETR income‑managed payments\n\n(2) The following provisions have effect:\n\n(a) the Secretary must deduct from the payment the deductible portion of the payment;\n\n(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;\n\n(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.\n\n(3) For the purposes of subsection (2), the deductible portion of an ETR income‑managed payment is 100% of the amount of the payment.\n\nSubdivision E—Deducted amount taken to have been paid\n\n123XQ  Deducted amount taken to have been paid\n\nScope\n\n(1) This section applies if an amount is deducted under this Division from an instalment or payment that is payable to a person.\n\nDeducted amount taken to have been paid\n\n(2) The deducted amount is taken, for the purposes of:\n\n(a) the income tax law; and\n\n(b) this Act (other than this Part); and\n\n(c) the 1991 Act; and\n\n(d) the Family Assistance Act; and\n\n(e) the Family Assistance Administration Act; and\n\n(f) the Student Assistance Act 1973; and\n\n(g) the Veterans’ Entitlements Act; and\n\n(h) the Child Support (Assessment) Act 1989;\n\nto have been paid to the person at whichever of the following times is applicable:\n\n(i) if the deducted amount was equal to 100% of the net amount of the instalment or payment—when the instalment or payment would have been paid if the deduction had not been made;\n\n(j) otherwise—when the instalment or payment was paid.\n\nDivision 6—Debits from income management accounts\n\nSubdivision A—General\n\n123YA  Priority needs—application of income management account\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance.\n\nPriority needs\n\n(2) If the Secretary is aware of any unmet priority needs of:\n\n(a) the first person; or\n\n(b) the first person’s children (if any); or\n\n(c) the first person’s partner (if any); or\n\n(d) any other dependants of the first person;\n\nthe Secretary must, within a reasonable period after becoming aware of those priority needs, take appropriate action under Subdivision B directed towards meeting those priority needs.\n\n(3) If:\n\n(a) the Secretary is satisfied that the current or future balance of the first person’s income management account exceeds what is reasonably required to meet the current, and reasonably foreseeable, priority needs of:\n\n(i) the first person; and\n\n(ii) the first person’s children (if any); and\n\n(iii) the first person’s partner (if any); and\n\n(iv) any other dependants of the first person; and\n\n(b) the first person requests the Secretary to take action under this Division that:\n\n(i) is not directed towards meeting the current, and reasonably foreseeable, priority needs mentioned in paragraph (a); and\n\n(ii) would result in the first person’s income management account being debited by a particular amount; and\n\n(c) the Secretary is satisfied that the debit would not result in the current or future balance of the first person’s income management account falling below what is reasonably required to meet the current, and reasonably foreseeable, priority needs mentioned in paragraph (a);\n\nthe Secretary must not unreasonably refuse the request.\n\n123YB  Secretary must have regard to the best interests of children\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the person has one or more children.\n\nSecretary must have regard to the best interests of children\n\n(2) In deciding whether to take action under this Division that results in an amount being debited from the first person’s income management account, the Secretary must have regard to:\n\n(a) the best interests of the first person’s children; and\n\n(b) such other matters (if any) as the Secretary considers relevant.\n\nSubdivision B—Restricted debits\n\n123YC  Vouchers—general\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person does not have a Part 3B payment nominee.\n\nVouchers\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) give the first person a voucher that:\n\n(i) has a face value of a particular amount; and\n\n(ii) enables the first person to acquire goods or services; or\n\n(b) with the consent of the first person, give a third person a voucher that:\n\n(i) has a face value of a particular amount; and\n\n(ii) enables the third person to acquire goods or services;\n\nso long as the face value of the voucher does not exceed the credit balance of the first person’s income management account.\n\n(3) A voucher may be for limited goods or services.\n\nIncome Management Record to be debited\n\n(4) If the first person or a third person is given a voucher under subsection (2), the Income Management Record is debited by an amount equal to the face value of the voucher.\n\nFirst person’s income management account to be debited\n\n(5) If the first person or a third person is given a voucher under subsection (2), the first person’s income management account is debited by an amount equal to the face value of the voucher.\n\nCriteria\n\n(6) The Secretary must not give the first person or a third person a voucher under subsection (2) if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(7) If the first person or a third person is given a voucher under subsection (2), the giving of the voucher does not have any consequences under the income tax law for the first person or the third person, as the case may be.\n\n123YD  Vouchers—Part 3B payment nominee\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person has a Part 3B payment nominee.\n\nVouchers\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) give the Part 3B payment nominee a voucher that:\n\n(i) has a face value of a particular amount; and\n\n(ii) enables the Part 3B payment nominee to acquire goods or services; or\n\n(b) with the consent of the Part 3B payment nominee, give a third person a voucher that:\n\n(i) has a face value of a particular amount; and\n\n(ii) enables the third person to acquire goods or services;\n\nso long as the face value of the voucher does not exceed the credit balance of the first person’s income management account.\n\n(3) A voucher may be for limited goods or services.\n\nIncome Management Record to be debited\n\n(4) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the Income Management Record is debited by an amount equal to the face value of the voucher.\n\nFirst person’s income management account to be debited\n\n(5) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the first person’s income management account is debited by an amount equal to the face value of the voucher.\n\nCriteria\n\n(6) The Secretary must not give the Part 3B payment nominee or a third person a voucher under subsection (2) if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(7) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the giving of the voucher does not have any consequences under the income tax law for the Part 3B payment nominee, the first person or the third person.\n\n123YE  Stored value cards—general\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person does not have a Part 3B payment nominee.\n\nStored value cards\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) give the first person a stored value card that enables the first person to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or\n\n(c) increase the monetary value stored on a stored value card held by the first person, so long as:\n\n(i) no part of the monetary value stored on the card may be withdrawn in cash; and","sortOrder":1000036},{"sectionNumber":"full-source-retrieval-0038","sectionType":"document_chunk","heading":"Document excerpt 38","content":"(ii) the stored value card enables the first person to acquire goods or services;\n\nso long as:\n\n(e) if paragraph (a) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account; or\n\n(f) if paragraph (c) applies—the increase in monetary value does not exceed the credit balance of the first person’s income management account.\n\n(3) A stored value card may be for limited goods or services.\n\nIncome Management Record to be debited\n\n(4) If, under subsection (2), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\n(5) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the Income Management Record is debited by an amount equal to the increase in the monetary value.\n\nFirst person’s income management account to be debited\n\n(6) If, under subsection (2), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\n(7) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the first person’s income management account is debited by an amount equal to the increase in the monetary value.\n\nCriteria\n\n(8) The Secretary must not, under subsection (2):\n\n(a) give the first person a stored value card; or\n\n(b) increase the monetary value stored on a stored value card;\n\nif the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(9) If, under subsection (2), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.\n\n(10) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the increase does not have consequences under the income tax law for the first person.\n\n123YF  Stored value cards—Part 3B payment nominee\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person has a Part 3B payment nominee.\n\nStored value cards\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or\n\n(b) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or\n\n(c) increase the monetary value stored on a stored value card held by the Part 3B payment nominee, so long as:\n\n(i) no part of the monetary value stored on the card may be withdrawn in cash; and\n\n(ii) the stored value card enables the Part 3B payment nominee to acquire goods or services; or\n\n(d) with the consent of the Part 3B payment nominee, increase the monetary value stored on a stored value card held by the first person, so long as:\n\n(i) no part of the monetary value stored on the card may be withdrawn in cash; and\n\n(ii) the stored value card enables the first person to acquire goods or services;\n\nso long as:\n\n(e) if paragraph (a) or (b) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account; or\n\n(f) if paragraph (c) or (d) applies—the increase in the monetary value does not exceed the credit balance of the first person’s income management account.\n\n(3) A stored value card may be for limited goods or services.\n\nIncome Management Record to be debited\n\n(4) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\n(5) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the Income Management Record is debited by an amount equal to the increase in the monetary value.\n\nFirst person’s income management account to be debited\n\n(6) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\n(7) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the first person’s income management account is debited by an amount equal to the increase in the monetary value.\n\nCriteria\n\n(8) The Secretary must not, under subsection (2):\n\n(a) give the Part 3B payment nominee or the first person a stored value card; or\n\n(b) increase the monetary value stored on a stored value card;\n\nif the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(9) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n(10) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the increase does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n123YG  Expense payment—general\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person does not have a Part 3B payment nominee.\n\nExpense payment\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person in respect of expenditure incurred by the first person in relation to goods or services; or\n\n(b) with the consent of the first person, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person in respect of expenditure incurred by the third person in relation to goods or services; or\n\n(c) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount by way of rates or land tax; or\n\n(d) with the consent of the first person, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount by way of rates or land tax;\n\nso long as the amount paid does not exceed the credit balance of the first person’s income management account.\n\nIncome Management Record to be debited\n\n(3) If the Secretary makes a payment under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.\n\nFirst person’s income management account to be debited\n\n(4) If the Secretary makes a payment under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.\n\nCriteria\n\n(5) The Secretary must not make a payment under paragraph (2)(a) or (b) if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(6) If the Secretary makes a payment under subsection (2), the payment does not have consequences under the income tax law for the first person.\n\n123YH  Expense payment—Part 3B payment nominee\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person has a Part 3B payment nominee.\n\nExpense payment\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) make a payment in discharge, in whole or in part, of an obligation of the Part 3B payment nominee to pay an amount to a third person in respect of expenditure incurred by the Part 3B payment nominee in relation to goods or services; or\n\n(b) with the consent of the Part 3B payment nominee, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person in respect of expenditure incurred by the third person in relation to goods or services; or\n\n(c) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person in respect of expenditure incurred by the first person in relation to goods or services;\n\nso long as the amount paid does not exceed the credit balance of the first person’s income management account.\n\nIncome Management Record to be debited\n\n(3) If the Secretary makes a payment under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.\n\nFirst person’s income management account to be debited\n\n(4) If the Secretary makes a payment under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.\n\nCriteria\n\n(5) The Secretary must not make a payment under subsection (2) if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(6) If the Secretary makes a payment under subsection (2), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n123YI  Crediting of account—general\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person does not have a Part 3B payment nominee.\n\nCrediting of accounts\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) pay an amount to a third person on condition that the third person will:\n\n(i) credit the amount to an account held by the first person with the third person; and\n\n(ii) not allow the first person to debit the account except for the purposes of acquiring goods or services; and\n\n(iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the first person for the purposes of the acquisition of goods or services; or\n\n(b) with the consent of the first person, pay an amount to a third person on condition that the third person will:\n\n(i) credit the amount to an account held by a fourth person with the third person; and\n\n(ii) not allow the fourth person to debit the account except for the purposes of acquiring goods or services; and\n\n(iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the fourth person for the purposes of the acquisition of goods or services;\n\nso long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.\n\n(3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.\n\nIncome Management Record to be debited\n\n(4) If the Secretary pays an amount to a third person under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.\n\nFirst person’s income management account to be debited\n\n(5) If the Secretary pays an amount to a third person under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.\n\nCriteria\n\n(6) The Secretary must not, under subsection (2), pay an amount to a third person if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(7) If the Secretary pays an amount to a third person under subsection (2), the payment does not have consequences under the income tax law for the first person.\n\n123YJ  Crediting of account—Part 3B payment nominee\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person has a Part 3B payment nominee.\n\nCrediting of accounts\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) pay an amount to a third person on condition that the third person will:\n\n(i) credit the amount to an account held by the Part 3B payment nominee with the third person; and\n\n(ii) not allow the Part 3B payment nominee to debit the account except for the purposes of acquiring goods or services; and\n\n(iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the Part 3B payment nominee for the purposes of the acquisition of goods or services; or\n\n(b) with the consent of the Part 3B payment nominee, pay an amount to a third person on condition that the third person will:\n\n(i) credit the amount to an account held by a fourth person with the third person; and\n\n(ii) not allow the fourth person to debit the account except for the purposes of acquiring goods or services; and\n\n(iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the fourth person for the purposes of the acquisition of goods or services; or\n\n(c) pay an amount to a third person on condition that the third person will:\n\n(i) credit the amount to an account held by the first person with the third person; and\n\n(ii) not allow the first person to debit the account except for the purposes of acquiring goods or services; and\n\n(iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the first person for the purposes of the acquisition of goods or services;\n\nso long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.\n\n(3) The goods or services referred to in paragraph (2)(a), (b) or (c) may be limited to such goods or services as are determined by the Secretary.\n\nIncome Management Record to be debited\n\n(4) If the Secretary pays an amount to a third person under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.\n\nFirst person’s income management account to be debited\n\n(5) If the Secretary pays an amount to a third person under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.\n\nCriteria\n\n(6) The Secretary must not, under subsection (2), pay an amount to a third person if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(7) If the Secretary pays an amount to a third person under subsection (2), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n123YK  Transfers to accounts—general\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person does not have a Part 3B payment nominee.\n\nTransfers\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) pay an amount to the credit of an account held by the first person with:\n\n(i) a bank; or\n\n(ii) a person specified in a legislative instrument made by the Secretary for the purposes of this subparagraph;\n\nso long as money standing to the credit of the account cannot be debited except for the purposes of:\n\n(iii) acquiring goods or services; or\n\n(iv) paying account‑related fees or charges; or\n\n(b) with the consent of the first person, pay an amount to the credit of an account held by a third person with:\n\n(i) a bank; or\n\n(ii) a person specified in a legislative instrument made by the Secretary for the purposes of this subparagraph;\n\nso long as money standing to the credit of the account cannot be debited except for the purposes of:\n\n(iii) acquiring goods or services; or\n\n(iv) paying account‑related fees or charges;\n\nso long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.\n\n(3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.\n\nIncome Management Record to be debited\n\n(4) If, under subsection (2), the Secretary pays an amount to the credit of an account, the Income Management Record is debited by an amount equal to the amount paid.\n\nFirst person’s income management account to be debited\n\n(5) If, under subsection (2), the Secretary pays an amount to the credit of an account, the first person’s income management account is debited by an amount equal to the amount paid.\n\nCriteria\n\n(6) The Secretary must not, under subsection (2), pay an amount to the credit of an account if the Secretary is satisfied that any of relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(7) If, under subsection (2), the Secretary pays an amount to the credit of an account, the payment does not have any consequences under the income tax law for the first person.\n\n123YL  Transfers to accounts—Part 3B payment nominee\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and","sortOrder":1000037},{"sectionNumber":"full-source-retrieval-0039","sectionType":"document_chunk","heading":"Document excerpt 39","content":"(b) the first person’s income management account has a credit balance; and\n\n(c) the first person has a Part 3B payment nominee.\n\nTransfers\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) pay an amount to the credit of an account held by the Part 3B payment nominee with:\n\n(i) a bank; or\n\n(ii) a person specified in a legislative instrument made by the Secretary for the purposes of this subparagraph;\n\nso long as money standing to the credit of the account cannot be debited except for the purposes of:\n\n(iii) acquiring goods or services; or\n\n(iv) paying account‑related fees or charges; or\n\n(b) with the consent of the Part 3B payment nominee, pay an amount to the credit of an account held by a third person with:\n\n(i) a bank; or\n\n(ii) a person specified in a legislative instrument made by the Secretary for the purposes of this subparagraph;\n\nso long as money standing to the credit of the account cannot be debited except for the purposes of:\n\n(iii) acquiring goods or services; or\n\n(iv) paying account‑related fees or charges;\n\nso long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.\n\n(3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.\n\nIncome Management Record to be debited\n\n(4) If, under subsection (2), the Secretary pays an amount to the credit of an account, the Income Management Record is debited by an amount equal to the amount paid.\n\nFirst person’s income management account to be debited\n\n(5) If, under subsection (2), the Secretary pays an amount to the credit of an account, the first person’s income management account is debited by an amount equal to the amount paid.\n\nCriteria\n\n(6) The Secretary must not, under subsection (2), pay an amount to the credit of an account if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.\n\nTax consequences\n\n(7) If, under subsection (2), the Secretary pays an amount to the credit of an account, the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n123YM  Restricted direct payment—general\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person does not have a Part 3B payment nominee.\n\nDirect payment\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) pay an amount to the credit of a bank account held by the first person (whether alone or jointly or in common with another person); or\n\n(b) with the consent of the first person, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or\n\n(c) if:\n\n(i) the first person is subject to the income management regime under section 123UF; and\n\n(ii) under a law of Queensland, the Queensland Commission gave the Secretary a written notice stating that a specified bank account held by a third person is a nominated third party account in relation to the first person; and\n\n(iii) the notice has not been withdrawn or revoked;\n\npay the amount to the credit of that bank account; or\n\n(d) pay an amount to the first person by way of a cheque; or\n\n(e) with the consent of the first person, pay an amount to a third person by way of a cheque; or\n\n(f) pay an amount to the first person by way of cash; or\n\n(g) with the consent of the first person, pay an amount to a third person by way of cash; or\n\n(h) give the first person a stored value card that enables the first person to withdraw cash;\n\nso long as:\n\n(j) if paragraph (a), (b), (c), (d), (e), (f) or (g) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or\n\n(k) if paragraph (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.\n\nIncome Management Record to be debited\n\n(3) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the Income Management Record is debited by an amount equal to the amount paid.\n\n(4) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\nFirst person’s income management account to be debited\n\n(5) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the first person’s income management account is debited by an amount equal to the amount paid.\n\n(6) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\nCriteria\n\n(7) The Secretary must not pay an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g) if the Secretary has reasonable grounds to believe that the whole or a part of the amount paid will be used to acquire excluded goods or excluded services.\n\n(8) The Secretary must not give the first person a stored value card under paragraph (2)(h) if the Secretary has reasonable grounds to believe that the whole or a part of the monetary value stored on the card will be used to acquire excluded goods or excluded services.\n\nTax consequences\n\n(9) If the Secretary makes a payment under paragraph (2)(a), (d) or (f) the payment does not have consequences under the income tax law for the first person.\n\n(10) If the Secretary makes a payment under paragraph (2)(b), (c), (e) or (g), the payment does not have consequences under the income tax law for the first person or the third person.\n\n(11) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.\n\n123YN  Restricted direct payment—Part 3B payment nominee\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person has a Part 3B payment nominee.\n\nDirect payment\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or\n\n(b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or\n\n(c) if:\n\n(i) the first person is subject to the income management regime under section 123UF; and\n\n(ii) under a law of Queensland, the Queensland Commission gave the Secretary a written notice stating that a specified bank account held by a third person is a nominated third party account in relation to the first person; and\n\n(iii) the notice has not been withdrawn or revoked;\n\npay the amount to the credit of that bank account; or\n\n(d) pay an amount to the Part 3B payment nominee by way of a cheque; or\n\n(e) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or\n\n(f) pay an amount to the Part 3B payment nominee by way of cash; or\n\n(g) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or\n\n(h) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or\n\n(i) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash;\n\nso long as:\n\n(j) if paragraph (a), (b), (c), (d), (e), (f) or (g) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or\n\n(k) if paragraph (h) or (i) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.\n\nIncome Management Record to be debited\n\n(3) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the Income Management Record is debited by an amount equal to the amount paid.\n\n(4) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\nFirst person’s income management account to be debited\n\n(5) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the first person’s income management account is debited by an amount equal to the amount paid.\n\n(6) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\nCriteria\n\n(7) The Secretary must not pay an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g) if the Secretary has reasonable grounds to believe that the whole or a part of the amount paid will be used to acquire excluded goods or excluded services.\n\n(8) The Secretary must not give the Part 3B payment nominee or the first person a stored value card under paragraph (2)(h) or (i) if the Secretary has reasonable grounds to believe that the whole or a part of the monetary value stored on the card will be used to acquire excluded goods or excluded services.\n\nTax consequences\n\n(9) If the Secretary makes a payment under paragraph (2)(a), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n(10) If the Secretary makes a payment under paragraph (2)(b), (c), (e) or (g), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n(11) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\nSubdivision C—Unrestricted debits\n\n123YO  Unrestricted direct payment—general\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person does not have a Part 3B payment nominee.\n\nDirect payment\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) pay an amount to the credit of a bank account held by the first person (whether alone or jointly or in common with another person); or\n\n(b) with the consent of the first person, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or\n\n(c) pay an amount to the first person by way of a cheque; or\n\n(d) with the consent of the first person, pay an amount to a third person by way of a cheque; or\n\n(e) pay an amount to the first person by way of cash; or\n\n(f) with the consent of the first person, pay an amount to a third person by way of cash; or\n\n(g) give the first person a stored value card that enables the first person to withdraw cash;\n\nso long as:\n\n(i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or\n\n(j) if paragraph (g) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.\n\n(3) In deciding whether to take action under subsection (2), the Secretary must have regard to:\n\n(a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and\n\n(b) such other matters (if any) as the Secretary considers relevant.\n\nIncome Management Record to be debited\n\n(4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid.\n\n(5) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\nFirst person’s income management account to be debited\n\n(6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid.\n\n(7) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\nTax consequences\n\n(8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the first person.\n\n(9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the first person or the third person.\n\n(10) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.\n\n123YP  Unrestricted direct payment—Part 3B payment nominee\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance; and\n\n(c) the first person has a Part 3B payment nominee.\n\nDirect payment\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or\n\n(b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or\n\n(c) pay an amount to the Part 3B payment nominee by way of a cheque; or\n\n(d) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or\n\n(e) pay an amount to the Part 3B payment nominee by way of cash; or\n\n(f) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or\n\n(g) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or\n\n(h) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash;\n\nso long as:\n\n(i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or\n\n(j) if paragraph (g) or (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.\n\n(3) In deciding whether to take action under subsection (2), the Secretary must have regard to:\n\n(a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and\n\n(b) such other matters (if any) as the Secretary considers relevant.\n\nIncome Management Record to be debited\n\n(4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid.\n\n(5) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.\n\nFirst person’s income management account to be debited\n\n(6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid.\n\n(7) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.\n\nTax consequences\n\n(8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\n(9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee, the first person or the third person.\n\n(10) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.\n\nSubdivision D—Miscellaneous action\n\n123YQ  Miscellaneous action\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the first person’s income management account has a credit balance.\n\nMiscellaneous action\n\n(2) The Secretary may, on behalf of the Commonwealth, take an action specified in a legislative instrument made by the Minister for the purposes of this subsection, so long as the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action do not exceed the credit balance of the first person’s income management account.\n\nIncome Management Record to be debited\n\n(3) If the Secretary takes action under subsection (2), the Income Management Record is debited by an amount equal to the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action.\n\nFirst person’s income management account to be debited","sortOrder":1000038},{"sectionNumber":"full-source-retrieval-0040","sectionType":"document_chunk","heading":"Document excerpt 40","content":"(4) If the Secretary takes action under subsection (2), the first person’s income management account is debited by an amount equal to the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action.\n\nCriteria\n\n(5) The Secretary must not take action under subsection (2) unless the Secretary is satisfied that the action:\n\n(a) will benefit any or all of the following:\n\n(i) the first person;\n\n(ii) the first person’s children (if any);\n\n(iii) the first person’s partner (if any);\n\n(iv) any other dependants of the first person; and\n\n(b) will not result in the acquisition of any excluded goods or excluded services.\n\nTax consequences\n\n(6) If the Secretary takes action under subsection (2), the taking of the action does not have consequences under the income tax law for:\n\n(a) the first person; or\n\n(b) any other person for whose benefit the action was taken.\n\n123YR  Credit of income management account in error\n\n(1) If the Secretary is satisfied that an amount (the excess amount) has been credited to a person’s income management account in error, the Secretary may determine, in writing, that:\n\n(a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or\n\n(b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.\n\nNote: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.\n\n(2) If the Secretary makes a determination under paragraph (1)(a):\n\n(a) the Income Management Record is debited by one or more amounts equal to the excess amount; and\n\n(b) the person’s income management account is debited by one or more amounts equal to the excess amount.\n\n(3) A determination made under subsection (1) is not a legislative instrument.\n\nDivision 7—Information\n\n123ZB  Information‑gathering powers—school enrolment and attendance\n\nIn determining the scope of the power conferred on the Secretary by section 192 or 195 to require the giving of information, or the production of a document, it is to be assumed that:\n\n(a) each reference in this Part to a declared primary school area were a reference to a State or Territory; and\n\n(b) each reference in this Part to a declared secondary school area were a reference to a State or Territory.\n\n123ZC  Child protection—notice of cancellation of category H welfare payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person ceases to be subject to the income management regime under section 123UC because of the cancellation of a category H welfare payment of the person or the person’s partner; and\n\n(b) immediately before the cancellation, the relevant notice referred to in paragraph 123UC(1)(b) had not been withdrawn or revoked.\n\nNotice\n\n(2) As soon as practicable after the cancellation, the Secretary must give a child protection officer of the State or Territory written notice of the cancellation.\n\n123ZD  Queensland Commission—notice of cancellation of welfare payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person ceases to be subject to the income management regime under section 123UF because of the cancellation of:\n\n(i) a category P welfare payment of the person or the person’s partner; or\n\n(ii) a category R welfare payment of the person or the person’s partner; and\n\n(b) immediately before the cancellation, the relevant notice referred to in paragraph 123UF(1)(b) or (2)(c) had not been withdrawn or revoked.\n\nNotice\n\n(2) As soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation.\n\n123ZDA  Other State/Territory referrals—notice of cancellation of category H welfare payments\n\nScope\n\n(1) This section applies if:\n\n(a) a person ceases to be subject to the income management regime under section 123UFAA because of the cancellation of a category H welfare payment of the person or the person’s partner; and\n\n(b) immediately before the cancellation, the relevant notice referred to in paragraph 123UFAA(1)(b) had not been withdrawn or revoked.\n\nNotice\n\n(2) As soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation.\n\n123ZE  Disclosure of information to the Secretary—child protection\n\n(1) Despite any law (whether written or unwritten) in force in a State or Territory, a child protection officer of a State or Territory may give the Secretary information about a person if:\n\n(a) either:\n\n(i) the person is subject to the income management regime under section 123UC; or\n\n(ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 123UC(1)(b) in relation to the person; and\n\n(b) the disclosed information is relevant to the operation of this Part.\n\n(2) If information about a person is disclosed by a child protection officer of a State or Territory as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the State or Territory for the purposes of the performance of the functions and duties, or the exercise of the powers, of the child protection officer in relation to the care, protection or welfare of children.\n\n123ZEA  Disclosure of information to the Secretary—Queensland Commission\n\n(1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if:\n\n(a) either:\n\n(i) the person is subject to the income management regime under section 123UF; or\n\n(ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 123UF(1)(b) or (2)(c) in relation to the person; and\n\n(b) the disclosed information is relevant to the operation of this Part.\n\n(2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.\n\n123ZEAA  Disclosure of information to the Secretary—other State/Territory referrals\n\n(1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a recognised State/Territory authority may give the Secretary information about a person if:\n\n(a) either:\n\n(i) the person is subject to the income management regime under section 123UFAA; or\n\n(ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 123UFAA(1)(b) in relation to the person; and\n\n(b) the disclosed information is relevant to the operation of this Part.\n\n(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the performance of the functions and duties, or the exercise of the powers, of the officer or employee.\n\n123ZEB  Disclosure of information to the Secretary—school enrolment and attendance\n\n(1) Despite any law (whether written or unwritten) in force in a State or Territory:\n\n(a) a State or Territory; or\n\n(b) a non‑government school authority; or\n\n(c) any other person who is responsible for the operation of one or more schools;\n\nmay give the Secretary information about the enrolment, or non‑enrolment, of children at school.\n\n(2) Despite any law (whether written or unwritten) in force in a State or Territory:\n\n(a) a State or Territory; or\n\n(b) a non‑government school authority; or\n\n(c) any other person who is responsible for the operation of one or more schools;\n\nmay give the Secretary information about the attendance, or non‑attendance, of children at school.\n\nDivision 8—Debt recovery etc.\n\n123ZF  Person other than payee obtaining payment of a cheque\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) an amount is paid by cheque under section 123YM, 123YN, 123YO or 123YP; and\n\n(c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and\n\n(d) a person (the second person) other than the payee of the cheque obtains possession of the cheque from the payee; and\n\n(e) the cheque is not endorsed by the payee to the second person; and\n\n(f) the second person obtains value for the cheque.\n\nRecovery\n\n(2) The amount of the cheque is a debt due by the second person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\nCrediting of amounts\n\n(3) The Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the amount of the cheque.\n\n(4) If the Secretary makes a determination under subsection (3), then an amount equal to the amount of the cheque is:\n\n(a) credited to the Income Management Record; and\n\n(b) credited to the first person’s income management account.\n\n123ZG  Misuse of vouchers and stored value cards\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) either:\n\n(i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or\n\n(ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and\n\n(c) the Secretary’s action resulted in the first person’s income management account being debited; and\n\n(d) a person (the unauthorised person) other than the person to whom the voucher or stored value card was given:\n\n(i) obtains possession of the voucher or stored value card from the person to whom the voucher or stored value card was given; and\n\n(ii) uses the voucher or stored value card to acquire goods or services or to obtain cash; and\n\n(e) the unauthorised person does so without the consent of the person to whom the voucher or stored value card was given.\n\nRecovery\n\n(2) In the case of the use of a voucher, an amount equal to the face value of the voucher is a debt due by the unauthorised person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\n(3) In the case of the use of a stored value card, an amount equal to the monetary value involved in the use is a debt due by the unauthorised person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\nCrediting of amounts\n\n(4) In the case of the use of a voucher, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the face value of the voucher.\n\n(5) If the Secretary makes a determination under subsection (4), then an amount equal to the face value of the voucher is:\n\n(a) credited to the Income Management Record; and\n\n(b) credited to the first person’s income management account.\n\n(6) In the case of the use of a stored value card, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the monetary value involved in the use.\n\n(7) If the Secretary makes a determination under subsection (6), then an amount equal to the monetary value involved in the use is:\n\n(a) credited to the Income Management Record; and\n\n(b) credited to the first person’s income management account.\n\n123ZH  Repayment of money credited to an account\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and\n\n(c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid.\n\nRepayment\n\n(2) The Secretary may, by written notice given to the third person, require the third person to repay to the Commonwealth (as a debt due to the Commonwealth) so much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\nCrediting of amounts\n\n(3) If:\n\n(a) the Secretary gives the third person a notice under subsection (2); and\n\n(b) the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services;\n\nthe Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.\n\n(4) If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is:\n\n(a) credited to the Income Management Record; and\n\n(b) credited to the first person’s income management account.\n\n123ZI  Breach of condition relating to crediting of account\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and\n\n(c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and\n\n(d) the third person has breached a condition of the payment.\n\nRecovery\n\n(2) So much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services is a debt due by the third person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\nCrediting of amounts\n\n(3) If the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.\n\n(4) If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is:\n\n(a) credited to the Income Management Record; and\n\n(b) credited to the first person’s income management account.\n\n123ZIA  Balance of income management account falls below value of action taken under Division 6\n\nScope\n\n(1) This section applies if:\n\n(a) the Secretary takes action under Division 6 that requires an amount (the initial amount) to be debited from a person’s income management account; and\n\n(b) at any time between the taking of the action and the recording of the debit as mentioned in subsection 123ZNA(2), the balance of the person’s account falls below an amount equal to the initial amount.\n\nNote: The recording of the debiting of the initial amount may leave the person’s income management account having a debit balance, but subsections (2) and (3) allow a credit to that account of an amount equal to the initial amount.\n\nCrediting of amounts\n\n(2) The Secretary may determine, in writing, that the person’s income management account is to be credited by an amount equal to the initial amount.\n\n(3) If the Secretary makes a determination under subsection (2), then an amount equal to the initial amount is:\n\n(a) credited to the Income Management Record; and\n\n(b) credited to the person’s income management account.\n\nDebt\n\n(4) If the Secretary makes a determination under subsection (2), then an amount equal to the initial amount is a debt due by the person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\n123ZJ  Value of action taken under Division 6 exceeds credit balance of income management account\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) the Secretary purports to take action under Division 6; and\n\n(c) apart from this section, the action is invalid because of a breach of whichever of the following requirements is applicable under Division 6:\n\n(i) in the case of giving a voucher—the requirement that the face value of the voucher must not exceed the credit balance of the first person’s income management account;\n\n(ii) in the case of giving a stored value card—the requirement that the monetary value stored on the card must not exceed the credit balance of the first person’s income management account;\n\n(iii) in the case of increasing the monetary value stored on a stored value card—the requirement that the increase in the monetary value must not exceed the credit balance of the first person’s income management account;\n\n(iv) in the case of paying an amount—the requirement that the amount paid must not exceed the credit balance of the first person’s income management account;\n\n(v) in the case of taking an action under subsection 123YQ(2)—the requirement that the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action must not exceed the credit balance of the first person’s income management account; and\n\n(d) the breach was the result of an administrative error or oversight.\n\nValidation\n\n(2) Both:\n\n(a) the action taken by the Secretary; and\n\n(b) the resulting debit from the first person’s income management account;\n\nare as valid as they would have been if:\n\n(c) the requirement mentioned in paragraph (1)(c) were not applicable to the action; and\n\n(d) this Part had allowed the first person’s income management account to have a debit balance.\n\n(2A) To avoid doubt, the action to which subparagraph (1)(c)(ii), (iii), (iv) or (v) applies is covered by paragraph 123ZN(1)(e), (f), (g) or (h) (as the case requires).\n\nRelevant excess\n\n(3) For the purposes of this section, the relevant excess is:\n\n(a) in the case of giving a voucher—the amount by which the face value of the voucher exceeds the credit balance of the first person’s income management account; or","sortOrder":1000039},{"sectionNumber":"full-source-retrieval-0041","sectionType":"document_chunk","heading":"Document excerpt 41","content":"(b) in the case of giving a stored value card—the amount by which the monetary value stored on the card exceeds the credit balance of the first person’s income management account; or\n\n(c) in the case of increasing the monetary value stored on a stored value card—the amount by which the increase in the monetary value exceeds the credit balance of the first person’s income management account; or\n\n(d) in the case of paying an amount—the amount by which the amount paid exceeds the credit balance of the first person’s income management account; or\n\n(e) in the case of taking an action under subsection 123YQ(2)—the amount by which the non‑administrative expenses paid by the Commonwealth in relation to the taking of the action exceeds the credit balance of the first person’s income management account.\n\nCrediting of amounts\n\n(4) An amount equal to the relevant excess is:\n\n(a) credited to the Income Management Record; and\n\n(b) credited to the first person’s income management account.\n\nRecovery\n\n(5) An amount equal to the relevant excess is a debt due by the first person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\n123ZJA  Action purportedly taken under Division 6 as a result of administrative error\n\nScope\n\n(1) This section applies if:\n\n(a) the Secretary purports to take action under Division 6; and\n\n(b) apart from this section, the action is invalid; and\n\n(c) the action is due to an administrative error.\n\nRelevant excess\n\n(2) If the action purportedly taken results in an amount (an excess amount) being credited to a person’s income management account in error, the Secretary may determine, in writing, that:\n\n(a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or\n\n(b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.\n\nNote: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.\n\n(3) If the Secretary makes a determination under paragraph (2)(a):\n\n(a) the Income Management Record is debited by one or more amounts equal to the excess amount; and\n\n(b) the person’s income management account is debited by one or more amounts equal to the excess amount.\n\nDebt due to the Commonwealth\n\n(4) If the action purportedly taken results in an amount (an excess amount) being paid to a person in error and the person does not have an income management account, an amount equal to the excess amount is a debt due by the person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\n(5) If the action purportedly taken results in a voucher being given to a person in error, an amount equal to the face value of the voucher is a debt due by the person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\n(6) If the action purportedly taken results in a stored value card being given to a person in error, an amount equal to the monetary value of the stored value card is a debt due by the person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\n(7) Subject to subsection (8), if the action purportedly taken results in a payment being made to the credit of an account held by a person with:\n\n(a) a bank; or\n\n(b) a person specified in a legislative instrument made by the Secretary for the purposes of subparagraph 123YK(2)(a)(ii) or (b)(ii) or 123YL(2)(a)(ii) or (b)(ii);\n\nin error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\n(8) If an account mentioned in subsection (7) is held by a person jointly or in common with another person, each account holder is jointly and severally liable for the payment of a debt due to the Commonwealth under that subsection.\n\n(9) If the action purportedly taken results in a payment being made to a person by way of a cheque or cash, and the payment is made in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.\n\nNote: For debt recovery, see Chapter 5 of the 1991 Act.\n\nCrediting of amounts\n\n(10) If the action purportedly taken results in an amount (a shortfall amount) being debited from a person’s income management account in error, an amount equal to the shortfall amount must be:\n\n(a) credited to the Income Management Record; and\n\n(b) credited to the person’s income management account.\n\n(11) A determination made under subsection (2) is not a legislative instrument.\n\nDivision 9—Miscellaneous\n\n123ZK  Secretary must comply with certain directions given by the Queensland Commission\n\nDeductible portion\n\n(1) If:\n\n(a) a person is subject to the income management regime under section 123UF; and\n\n(b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under subsection 123XM(3), 123XN(3), 123XO(3) or 123XP(3) in relation to the person;\n\nthe Secretary must comply with the direction.\n\nDebits from income management accounts\n\n(2) If:\n\n(a) a person is subject to the income management regime under section 123UF; and\n\n(b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under Division 6 that results in a debit from the person’s income management account;\n\nthe Secretary must comply with the direction.\n\n123ZL  Surrender of unused vouchers and unused stored value cards\n\nScope\n\n(1) This section applies if:\n\n(a) a person (the first person) is subject to the income management regime; and\n\n(b) either:\n\n(i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or\n\n(ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and\n\n(c) as a result of the taking of the action referred to in paragraph (b), the first person’s income management account has been debited by a particular amount (the debited amount); and\n\n(d) the voucher or stored value card has not been used.\n\nSurrender of voucher or stored value card\n\n(2) The voucher or stored value card may be surrendered to the Secretary.\n\nIncome Management Record to be credited\n\n(3) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the Income Management Record.\n\nFirst person’s income management account to be credited\n\n(4) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the first person’s income management account.\n\n123ZM  Vouchers\n\n(1) The Secretary may, on behalf of the Commonwealth, purchase vouchers to be given under subsection 123YC(2) or 123YD(2).\n\n(2) The Secretary may, on behalf of the Commonwealth:\n\n(a) issue vouchers to be given under subsection 123YC(2) or 123YD(2); and\n\n(b) enter into agreements with the suppliers of goods or services under which the suppliers undertake to accept those vouchers in consideration for the supply of goods or services.\n\n(3) Subsections (1) and (2) do not limit the executive power of the Commonwealth.\n\n(4) To the extent to which:\n\n(a) the issue of vouchers under paragraph (2)(a); or\n\n(b) an agreement entered into under paragraph (2)(b);\n\ninvolves a borrowing of money by the Commonwealth, that borrowing is authorised by this subsection.\n\nNote: Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by or under an Act.\n\n123ZN  Appropriation\n\n(1) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of:\n\n(aa) making payments under subsection 123UP(2); and\n\n(a) making payments under subsection 123WJ(4), (7) or (11) or 123WL(3); and\n\n(b) enabling the Secretary to set off an amount under subsection 123WJ(14); and\n\n(c) making a purchase mentioned in subsection 123ZM(1); and\n\n(d) making a payment of an amount payable by the Commonwealth under an agreement mentioned in paragraph 123ZM(2)(b); and\n\n(e) enabling the Secretary to give a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and\n\n(f) enabling the Secretary to increase, under subsection 123YE(2) or 123YF(2), the monetary value stored on a stored value card; and\n\n(g) enabling the Secretary to pay an amount under subsection 123YG(2), 123YH(2), 123YI(2), 123YJ(2), 123YK(2), 123YL(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and\n\n(h) paying or discharging expenses incurred by the Commonwealth in relation to action taken by the Secretary under subsection 123YQ(2); and\n\n(i) making a payment to cover an invalid action, as mentioned in subsection 123ZJA(1).\n\n(2) To avoid doubt, subsection (1) is the only provision of this Part that appropriates the Consolidated Revenue Fund.\n\n123ZNA  Recording of amounts in accounts and records\n\n(1) This section applies to:\n\n(a) the crediting of an amount to the Income Management Record, or to a person’s income management account, under this Part; and\n\n(b) the debiting of an amount from the Income Management Record, or from a person’s income management account, under this Part.\n\n(2) The crediting or debiting takes effect at the time an entry recording the crediting or debiting is made in the accounts and records of the Department or the Human Services Department.\n\n123ZO  This Part has effect despite other provisions etc.\n\nThis Part has effect despite anything in:\n\n(a) any other provision of this Act; or\n\n(b) the 1991 Act; or\n\n(c) the Family Assistance Act; or\n\n(d) the Family Assistance Administration Act; or\n\n(e) the Student Assistance Act 1973; or\n\n(f) the Veterans’ Entitlements Act.\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nSocial Security (Administration) Act 1999\n\nNo. 191, 1999\n\nCompilation No. 163\n\nCompilation date: 5 December 2025\n\nIncludes amendments: Act No. 73, 2025\n\nThis compilation is in 2 volumes\n\nVolume 1: sections 1‑123ZO\n\nVolume 2: sections 124‑257\n\nSchedules\n\nEndnotes\n\nEach volume has its own contents\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Social Security (Administration) Act 1999 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).\n\nApplication, saving and transitional provisions\n\nIf 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.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nPresentational changes\n\nThe Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.\n\nModifications\n\nIf 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. Any modifications affecting the law are accessible on the Register.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\nPart 3C—Schooling requirements\n\nDivision 1—General\n\n124 Scope\n\n124A Enrolment and attendance at school\n\n124B Schooling requirement child\n\n124C Schooling requirement determination\n\n124D Schooling requirement payments\n\n124E Application to payments under the Veterans’ Entitlements Act\n\nDivision 2—School enrolment\n\n124F School enrolment—enrolment notices\n\n124G School enrolment—condition of schooling requirement payments\n\n124H School enrolment—suspension or cancellation for non‑compliance with enrolment notice\n\n124J School enrolment—when payments become payable after suspension\n\nDivision 3—School attendance notices\n\n124K School attendance—attendance notices\n\n124L School attendance—condition of schooling requirement payments\n\n124M School attendance—suspension or cancellation for non‑compliance with attendance notice\n\n124N School attendance—when payments become payable after suspension\n\nDivision 3A—School attendance plans\n\n124NA When this Division applies\n\n124NB Conference notices\n\n124NC School attendance plans\n\n124ND Compliance notices\n\n124NE School attendance—condition of schooling requirement payments\n\n124NF School attendance—suspension or cancellation for non‑compliance with compliance notice\n\n124NG School attendance—when payments become payable after suspension\n\nDivision 4—Information about schooling\n\n124P Schooling requirements—information about schooling\n\nDivision 5—General provisions\n\n124PA Relationship between Divisions of this Part\n\nPart 4—Internal review of decisions\n\nDivision 1—Effect of Part\n\n124Q Application of Part to decisions under repealed laws\n\n125 Decisions by officers under instruments\n\nDivision 2—Internal review\n\n126 Review of decisions by Secretary\n\n126A Review of determination of youth allowance rate in relation to maintenance income\n\n127 Decisions that are not reviewable by the Secretary\n\n128 Notice to ART Principal Registrar\n\n129 Application for review\n\n130 Withdrawal of application\n\n131 Secretary may continue payment pending outcome of application for review\n\n132 Guidelines for exercise of Secretary’s power to continue payment\n\n135 Review of decisions following application under section 129\n\n136 Notice of decision on review\n\n137 Certain decisions not to be revived\n\n138 Notification of further rights of review\n\nDivision 2A—Internal review of certain Commissioner decisions relating to student start‑up loans\n\n138A Decisions reviewable under this Division\n\n138B Commissioner must give reasons for reviewable decisions\n\n138C Reviewer of decisions\n\n138D Reviewer may reconsider reviewable decisions\n\n138E Notice to ART Principal Registrar\n\n138F Reconsideration of reviewable decisions on request\n\n138G Withdrawal of request\n\n138H ART review of reviewable decisions\n\n138J Decision changed before ART review completed\n\nPart 4A—Review by the ART\n\nDivision 1—Preliminary\n\n139 Simplified outline of this Part\n\nDivision 2—ART review\n\nSubdivision A—Preliminary\n\n140 Application of Division\n\n140A Definition of employment pathway plan decision\n\nSubdivision B—ART review: applications\n\n142 Reviewable decisions\n\n142A Person who made the decision\n\n142B Decision‑maker taken to have elected not to participate in ART review proceeding\n\n143 Application requirement—employment pathway plan decisions\n\n144 Non‑reviewable decisions\n\n145 Secretary may continue payment pending outcome of application for review\n\n146 Guidelines for exercise of Secretary’s power to continue payment\n\nSubdivision C—ART review: relationship with ART Act\n\n147 Application and modification of ART Act\n\n147A Operation and implementation of decision under ART review\n\n147B Remitting decisions for reconsideration\n\n147C Legal or financial assistance\n\nSubdivision D—ART review: other matters\n\n148 Procedure on receipt of application for certain ART reviews\n\n165A ART’s power to obtain information for ART review\n\n166 Exercise by Secretary of powers under section 192\n\n168 Hearing of certain ART reviews in private\n\n176 Costs of review\n\n177 Assessment of rate of social security payment\n\n181 Settlement of proceedings before the ART\n\n182 Variation or substitution of decision before ART review determined\n\n183 Secretary or ART may treat event as having occurred\n\nPart 5—Information management\n\nDivision 1—Information gathering\n\n191 Application of Division\n\n191A Reasonable belief needed to require information or documents\n\n192 General power to obtain information\n\n193 Power to obtain information from a person who owes a debt to the Commonwealth\n\n194 Obtaining information about a person who owes a debt to the Commonwealth\n\n195 Obtaining information to verify claims etc.\n\n196 Written notice of requirement\n\n197 Offence—failure to comply with requirement\n\n197A Self‑incrimination\n\n197B Use of information in investigations etc.\n\n198 Relationship with other laws\n\nDivision 2—End‑of‑employment statements\n\n199 Request for end‑of‑employment statement\n\n200 Offence—failure to give end‑of‑employment statement\n\nDivision 3—Confidentiality\n\n201 Operation of Division\n\n201A Definitions\n\n202 Permitted obtaining of, making a record of, disclosure of or use of protected information\n\n202A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information\n\n203 Offence—unauthorised obtaining of protected information\n\n204 Offence—unauthorised making a record of, disclosure of or use of protected information\n\n204A Use of tax file numbers\n\n205 Offence—soliciting disclosure of protected information\n\n206 Offence—offering to supply protected information\n\n207 Protection of certain documents etc. from production to court etc.\n\n208 Disclosure of information by Secretary\n\n209 Guidelines for exercise of Secretary’s disclosure powers\n\n210 Officer’s declaration\n\nPart 6—Offences\n\nDivision 1—Preliminary\n\n211 Application of Part\n\nDivision 2—Offences","sortOrder":1000040},{"sectionNumber":"full-source-retrieval-0042","sectionType":"document_chunk","heading":"Document excerpt 42","content":"212 False statement in connection with claim or hardship request\n\n213 False statement to deceive or affect rates\n\n214 False statement or document\n\n215 Obtaining payment that is not payable\n\n216 Payment obtained through fraud etc.\n\nDivision 3—Penalties\n\n217 Penalty for contravention of Division 2\n\n218 Repayment of social security payment\n\n219 Penalty where person convicted of more than one offence\n\nDivision 4—Procedural matters\n\n220 Joining of charges\n\n221 Particulars of each offence\n\n222 Trial of joined charges\n\n223 Evidentiary effect of Secretary’s certificate\n\n224 Enforcement of court certificate as judgment\n\nDivision 5—Liability of certain employers and principals for offences\n\nSubdivision A—Interpretation\n\n225 State of mind of a person\n\n228 Offence\n\nSubdivision C—Proceedings against non‑corporations\n\n231 State of mind of individual\n\n232 Conduct of employee or agent\n\n233 Exclusion of imprisonment as penalty for certain offences\n\nPart 7—Miscellaneous\n\n234 Delegation\n\n235 Authorised review officers\n\n236 Decisions to be in writing\n\n237 Notice of decisions\n\n238 Payments to Commissioner of Taxation or the Child Support Registrar\n\n239 Judicial notice of certain matters\n\n240 Documentary evidence\n\n240A Form of cards\n\n240B Restrictions on listing of dependants\n\n240C Issue of replacement card on expiry of certain concession cards\n\n241 Annual report\n\n242 Appropriation\n\n243 Regulations\n\n243AA Review by Parliamentary Joint Committee on Human Rights\n\n243A Review of operation of Youth Jobs PaTH program\n\n243B Review by Senate Committee\n\nPart 8—Transitional and saving provisions\n\n244 Construction of references to 1991 Act\n\n245 Correspondence of provisions\n\n246 Saving of social security payments and concession cards\n\n247 Saving of instruments under 1991 Act\n\n248 Saving of claims for social security payments and concession cards\n\n249 Transitional instalment period\n\n250 Application for amount owing at recipient's death\n\n251 Power to obtain information about events etc. before 20 March 2000\n\n252 Unfinished reviews by Secretary\n\n255 Saving of steps in review process\n\n256 Entitlements and liabilities\n\n257 Transitional regulations\n\nSchedule 1—Dictionary\n\n1 Definitions\n\nSchedule 2—Rules for working out start day\n\nPart 1—Introductory\n\n1 Definitions\n\n2 Different start days under Parts 2 and 3\n\nPart 2—General rules\n\n3 Start day—general rule\n\n4 Start day—early claim\n\n4A Start day for jobseeker payment and youth allowance if claimant required to attend interview\n\n5 Effect of exclusion period\n\n5A Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations\n\n6 Saving\n\nPart 3—Backdated start day\n\nDivision 1—Explanatory\n\n7 Explanation of Part\n\nDivision 2—Rules applying to all or most social security payments\n\n8 Claim made soon after partner’s claim\n\n9 Claim by transferee\n\n10 Claim soon after childbirth\n\n11 Incapacitated claimant\n\n12 Claim after death of partner\n\n13 Claim for social security payment following claim for AGDRP\n\nDivision 3—Rules applying to particular social security payments\n\n15 Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit\n\n15A Carer payment claimed on or after 1 July 2009 and before 1 October 2009\n\n18 Double orphan pension\n\n19 Double orphan pension—claim following death of former recipient\n\n28 Jobseeker payment—claimant for disability support pension\n\n29 Parenting payment\n\n30 Pensioner education supplement\n\n31 Pensioner education supplement: claim before 1 April\n\n32 Pensioner education supplement: claim before 1 August\n\n34 Youth allowance: incapacitated claimant\n\n35 Youth allowance—claimant for disability support pension\n\n36 Youth allowance—initial claim for family tax benefit\n\nDivision 4—Rules applying to health care cards\n\n37 Health care cards, other than automatic issue health care cards\n\nSchedule 5—Provisions relating to the Chief Executive Centrelink etc.\n\n1 References to the Secretary and the Department—requirements etc. by delegate\n\n2 References to the Secretary and the Department—directions by Secretary\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nPart 3C—Schooling requirements\n\nDivision 1—General\n\n124  Scope\n\n(1) This Part applies to a person (a schooling requirement person) in relation to another person (a child) at a particular time if:\n\n(a) either of the following applies at that time in relation to a schooling requirement payment:\n\n(i) a claim by the person for the payment is being determined (under this Act or the Veterans’ Entitlements Act);\n\n(ii) a claim by the person for the payment has been granted, and the payment has not been cancelled (under this Act or the Veterans’ Entitlements Act); and\n\n(b) either:\n\n(i) the child is a schooling requirement child of the person at that time; or\n\n(ii) the child was a schooling requirement child of the person at any time within a period provided by the schooling requirement determination before that time; and\n\n(c) the child is required, under a law of a State or Territory:\n\n(i) to be enrolled at a school; or\n\n(ii) to attend a school at times required under that law.\n\n(2) If this Part ceases to apply to a person while the person’s schooling requirement payment is suspended under this Part, then, despite that cessation, section 124J, 124N or 124NG, as the case requires, is taken to apply in relation to the person and, for this purpose, the reconsideration day for the purposes of that section is taken to be the day of that cessation.\n\nNote: Sections 124J, 124N and 124NG deal with when payments become payable after suspension.\n\n124A  Enrolment and attendance at school\n\n(1) In this Part:\n\nattendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.\n\nenrolment, at a school, includes anything, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.\n\nperson responsible, for the operation of a school, includes:\n\n(aa) a person included in a class of persons specified in an instrument under subsection (2); and\n\n(a) a person responsible for schooling (or for the administration of schooling) at a place, other than a school, to which the definition of attendance applies; and\n\n(b) a person responsible for schooling (or for the administration of schooling) in relation to which alternative enrolment of a kind mentioned in the definition of enrolment applies.\n\n(2) The Minister may, by legislative instrument, specify a class of persons for the purposes of paragraph (aa) of the definition of person responsible in subsection (1).\n\n124B  Schooling requirement child\n\nSchooling requirement child\n\n(1) For the purposes of this Act, a person (the first person) is a schooling requirement child of another person at a particular time if:\n\n(a) at that time, the first person is a dependent child of the other person; or\n\n(b) all of the following conditions are satisfied:\n\n(i) that time occurs during a schooling requirement period;\n\n(ii) under a family law order, or a registered parenting plan or parenting plan (within the meaning of the Family Law Act 1975), that is in force during the schooling requirement period, the first person is supposed to live or spend time with the other person;\n\n(iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the schooling requirement period, the first person would have been in the other person’s care for at least 14% of that period.\n\nSchooling requirement period\n\n(2) For the purposes of subsection (1), a schooling requirement period is a period worked out in accordance with the schooling requirement determination.\n\n(3) A period worked out under subsection (2) may be a recurring period (for example, a fortnight).\n\n(4) For the purposes of this section, it is immaterial whether a schooling requirement period begins before or after the commencement of this section.\n\nFamily law order\n\n(5) In this section:\n\nfamily law order has the same meaning as in section 123TC.\n\n124C  Schooling requirement determination\n\nFor the purposes of this Part, the Minister may, by legislative instrument, make a determination (the schooling requirement determination) relating to school enrolment and attendance.\n\n124D  Schooling requirement payments\n\nIn this Act:\n\nschooling requirement payment means:\n\n(a) a social security benefit; or\n\n(b) a social security pension; or\n\n(c) one of the following payments under the Veterans’ Entitlements Act:\n\n(ii) income support supplement;\n\n(iii) service pension;\n\n(iv) veteran payment.\n\n124E  Application to payments under the Veterans’ Entitlements Act\n\n(1) For the purposes of this Part, the provisions of this Act covered by subsection (2) apply (to the extent mentioned in that subsection) in relation to schooling requirement payments that are made under the Veterans’ Entitlements Act as if the payments were schooling requirement payments that are social security payments.\n\n(2) The provisions of this Act covered by this subsection are as follows:\n\n(a) Part 1 (which includes provisions relating to the application of the Criminal Code and interpretation);\n\n(b) section 85 and Division 9 of Part 3, to the extent that these provisions relate to the cancellation of schooling requirement payments under this Part;\n\nNote: These provisions deal with the reconsideration of decisions in relation to social security payments.\n\n(c) Division 10 of Part 3 (continuing effect of determinations), to the extent that the Division relates to the suspension and cancellation of schooling requirement payments under this Part;\n\n(d) Parts 4 and 4A (review of decisions), to the extent that the Part relates to the suspension and cancellation of schooling requirement payments under this Part;\n\n(e) Part 5 (information management), to the extent necessary or convenient for the administration of this Part;\n\n(f) Part 6 (offences), to the extent that the Part relates to acts or omissions occurring in relation to the administration of this Part;\n\n(g) Part 7 (which includes provisions relating to delegations and regulations etc.), to the extent necessary or convenient for the administration of this Part;\n\n(h) Schedule 1 (Dictionary).\n\nDivision 2—School enrolment\n\n124F  School enrolment—enrolment notices\n\nEnrolment notices generally\n\n(1) The Secretary may give a notice (an enrolment notice) to a schooling requirement person about the person’s child, requiring the person to give the Secretary evidence (in accordance with the notice) that the child is enrolled at a school as required by a law of a State or Territory.\n\n(2) Without limiting subsection (1), an enrolment notice may require evidence of enrolment to be given in the form of a written or oral statement by the schooling requirement person, or another person, confirming enrolment.\n\n(3) The enrolment notice must give details of:\n\n(a) how to comply with the notice; and\n\n(b) the initial period for compliance with the notice, and the Secretary’s power to extend that period (see subsections (4) and (5)); and\n\n(c) the consequences under this Division of not complying with the notice.\n\nInitial period for compliance\n\n(4) The enrolment notice must state an initial period for compliance with the notice of at least 14 days after the notice is given.\n\n(5) The Secretary may extend the initial period for compliance stated in the enrolment notice before or after the end of the stated period.\n\n124G  School enrolment—condition of schooling requirement payments\n\n(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with an enrolment notice given to the person under section 124F.\n\n(2) Subsection (1) does not apply to the schooling requirement person in relation to an enrolment notice, as at a particular day, if:\n\n(a) the initial compliance period stated in the notice (as extended, if at all, under subsection 124F(5)) has not ended at that day; or\n\n(b) the Secretary is satisfied that:\n\n(i) as at that day, the person has a reasonable excuse, as determined in accordance with the schooling requirement determination (if any), for failing to comply with the enrolment notice; or\n\n(ii) in the special circumstances of the case applying as at that day, as determined in accordance with the schooling requirement determination (if any), it is appropriate that the subsection should not apply as at that day.\n\n(3) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124H.\n\n(4) For a schooling requirement payment under the Veterans’ Entitlements Act:\n\n(a) this section does not apply in relation to the grant of the payment; but\n\n(b) this section otherwise applies in relation to the payment.\n\n124H  School enrolment—suspension or cancellation for non‑compliance with enrolment notice\n\nScope\n\n(1) This section applies if, as at a particular day:\n\n(a) a schooling requirement person has been given an enrolment notice; and\n\n(b) a schooling requirement payment is not payable to the person because subsection 124G(1) applies to the person as at that day.\n\nNote: Section 124G provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice after the end of the initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).\n\nSuspension or cancellation of payment\n\n(2) The Secretary must:\n\n(a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the enrolment notice—determine that the payment is to be suspended or cancelled; or\n\n(b) in any other case—determine that the payment is to be suspended.\n\nPayment may be suspended more than once\n\n(3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular enrolment notice.\n\nNote: Following suspension of a schooling requirement payment, the payment may become payable again under section 124J. Subsection 124H(3) allows for a further suspension of the payment even after the payment has become payable again.\n\nPayment may be suspended even if not yet received\n\n(4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.\n\nNote: An enrolment notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)). The claim may be granted even if subsection 124G(1) applies to the person. However, in that event, the Secretary must suspend the payment under this section (before it has started).\n\n124J  School enrolment—when payments become payable after suspension\n\nScope\n\n(1) This section applies if, on a particular day (the reconsideration day):\n\n(a) a person’s schooling requirement payment has been, and remains, suspended under section 124H; and\n\n(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day, subsection 124G(1) no longer applies to the person.\n\nNote 1: The cancellation of a schooling requirement payment may be reconsidered under section 85.\n\nNote 2: Section 124G provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).\n\nDetermination that payment is payable\n\n(2) The Secretary must determine:\n\n(a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans’ Entitlements Act, as the case requires); and\n\n(b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).\n\nEntitlement to arrears—suspension for total period of up to 13 weeks\n\n(3) If the payment has been suspended under section 124H for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular enrolment notice, the date of effect of the determination under subsection (2) is the day on which the latest suspension determination was made under section 124H in relation to such compliance.\n\nNote: A schooling requirement payment may be suspended more than once under section 124H (see subsection 124H(3)).\n\nEntitlement to arrears—suspension for total period of 13 weeks or more\n\n(4) If subsection (3) does not apply, the date of effect of the determination under subsection (2) is:\n\n(a) the reconsideration day; or\n\n(b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).\n\n(5) For the purposes of subsection (4), the Secretary may vary a determination under subsection (2) to state an earlier date of effect, if the determination:\n\n(a) does not include such a statement; or\n\n(b) includes such a statement in relation to a later day.\n\nHow arrears are paid\n\n(6) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, as provided by the determination under subsection (2).","sortOrder":1000041},{"sectionNumber":"full-source-retrieval-0043","sectionType":"document_chunk","heading":"Document excerpt 43","content":"(7) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (2).\n\nNon‑application of general provisions for date of effect\n\n(8) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (2).\n\nDivision 3—School attendance notices\n\n124K  School attendance—attendance notices\n\nScope\n\n(1) This section applies if:\n\n(a) a schooling requirement person’s child is enrolled at a school in a State or Territory; and\n\n(b) a person responsible for the operation of the school gives the Secretary written notice that:\n\n(i) the child is failing to attend school, as required by the law of that State or Territory, to the satisfaction of the person responsible; and\n\n(ii) the schooling requirement person is failing to take reasonable steps to ensure that the child attends school, as required by the law of that State or Territory, to the satisfaction of the person responsible.\n\nAttendance notice\n\n(2) The Secretary may give a notice (an attendance notice) to the schooling requirement person, requiring the person to take reasonable steps, as determined in accordance with the schooling requirement determination (if any), to ensure that the child attends school as required by the law of that State or Territory.\n\n(3) The attendance notice must give details of:\n\n(a) how to comply with the notice; and\n\n(b) the initial period for compliance with the notice, and the Secretary’s power to extend that period (under subsections (4) and (5)); and\n\n(c) the consequences under this Division of not complying with the notice.\n\nInitial period for compliance\n\n(4) The attendance notice must state an initial period for compliance with the notice of at least 28 days after the notice is given.\n\n(5) The Secretary may extend the initial period for compliance stated in the attendance notice before or after the end of the stated period.\n\n124L  School attendance—condition of schooling requirement payments\n\n(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with an attendance notice given to the person under section 124K.\n\n(2) Subsection (1) does not apply to the schooling requirement person in relation to an attendance notice, as at a particular day, if:\n\n(a) the initial compliance period stated in the notice (as extended, if at all, under subsection 124K(5)) has not ended at that day; or\n\n(b) the Secretary is satisfied that:\n\n(i) as at that day, the person has a reasonable excuse, as determined in accordance with the schooling requirement determination (if any), for failing to comply with the attendance notice; or\n\n(ii) in the special circumstances of the case applying as at that day, as determined in accordance with the schooling requirement determination (if any), it is appropriate that the subsection should not apply as at that day.\n\n(3) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124M.\n\n(4) For a schooling requirement payment under the Veterans’ Entitlements Act:\n\n(a) this section does not apply in relation to the grant of the payment; but\n\n(b) this section otherwise applies in relation to the payment.\n\n124M  School attendance—suspension or cancellation for non‑compliance with attendance notice\n\nScope\n\n(1) This section applies if, as at a particular day:\n\n(a) a schooling requirement person has been given an attendance notice; and\n\n(b) a schooling requirement payment is not payable to the person because subsection 124L(1) applies to the person as at that day.\n\nNote: Section 124L provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an attendance notice after the end of the initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).\n\nSuspension or cancellation of payment\n\n(2) The Secretary must:\n\n(a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the attendance notice—determine that the payment is to be suspended or cancelled; or\n\n(b) in any other case—determine that the payment is to be suspended.\n\nPayment may be suspended more than once\n\n(3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular attendance notice.\n\nNote: Following suspension of a schooling requirement payment, the payment may become payable again under section 124N. Subsection 124M(3) allows for a further suspension of the payment even after the payment has become payable again.\n\nPayment may be suspended even if not yet received\n\n(4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.\n\nNote: An attendance notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)). The claim may be granted even if subsection 124L(1) applies to the person. However, in that event, the Secretary must suspend the payment under this section (before it has started).\n\n124N  School attendance—when payments become payable after suspension\n\nScope\n\n(1) This section applies if, on a particular day (the reconsideration day):\n\n(a) a person’s schooling requirement payment has been, and remains, suspended under section 124M; and\n\n(b) a person responsible for the operation of a school in a State or Territory at which the person’s child is enrolled gives the Secretary written notice that the child is attending school, as required by the law of that State or Territory, to the satisfaction of the person responsible.\n\n(2) This section also applies if, on a particular day (the reconsideration day):\n\n(a) a person’s schooling requirement payment has been, and remains, suspended under section 124M; and\n\n(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day, subsection 124L(1) no longer applies to the person.\n\nNote 1: The cancellation of a schooling requirement payment may be reconsidered under section 85.\n\nNote 2: Section 124L provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).\n\nDetermination that payment is payable\n\n(3) The Secretary must determine:\n\n(a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans’ Entitlements Act, as the case requires); and\n\n(b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).\n\nEntitlement to arrears—suspension for total period of up to 13 weeks\n\n(4) If the payment has been suspended under section 124M for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular attendance notice, the date of effect of the determination under subsection (3) is the day on which the latest suspension determination was made under section 124M in relation to such compliance.\n\nNote: A schooling requirement payment may be suspended more than once under section 124M (see subsection 124M(3)).\n\nEntitlement to arrears—suspension for total period of 13 weeks or more\n\n(5) If subsection (4) does not apply, the date of effect of the determination under subsection (3) is:\n\n(a) the reconsideration day; or\n\n(b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).\n\n(6) For the purposes of subsection (5), the Secretary may vary a determination under subsection (3) to state an earlier date of effect, if the determination:\n\n(a) does not include such a statement; or\n\n(b) includes such a statement in relation to a later day.\n\nHow arrears are paid\n\n(7) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, in accordance with the determination under subsection (3).\n\n(8) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (3).\n\nNon‑application of general provisions for date of effect\n\n(9) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (3).\n\nDivision 3A—School attendance plans\n\n124NA  When this Division applies\n\nThis Division applies if:\n\n(a) a schooling requirement person’s child is enrolled at a school in a State or Territory; and\n\n(b) a person responsible for the operation of the school gives the Secretary written notice that the child is failing to attend school, as required by the law of that State or Territory, to the satisfaction of the person responsible.\n\n124NB  Conference notices\n\nThe Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may give a notice to the schooling requirement person specifying the following:\n\n(a) the person is required to attend a conference with a specified person at a specified place and time;\n\n(b) the purpose of the conference is to discuss the child’s school attendance;\n\n(c) the person is required, at the conference, to enter into a school attendance plan that is in accordance with section 124NC;\n\n(d) the consequences under this Division of not complying with the notice.\n\n124NC  School attendance plans\n\n(1) If a school attendance plan is not in force in relation to the schooling requirement person, the Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may require the person to enter into such a plan.\n\n(2) If a school attendance plan is in force in relation to the schooling requirement person, the Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may require the person to enter into another plan instead of the existing one.\n\nNotice of requirement\n\n(3) The notifier is to give the schooling requirement person notice of:\n\n(a) the requirement; and\n\n(b) the place and time at which the plan is to be entered into; and\n\n(c) the consequences under this Division of not complying with the requirement.\n\n(4) Without limiting subsection (3), the notice may be included in a notice under section 124NB or 124ND.\n\nForm of plan\n\n(5) A school attendance plan must be in a form approved by the notifier.\n\nChildren covered by the plan\n\n(6) A school attendance plan must cover one or more children of the schooling requirement person.\n\nPurpose of plan\n\n(7) A school attendance plan must contain requirements, that the schooling requirement person is required to comply with, that the notifier considers appropriate for the purpose of ensuring improved school attendance of the one or more children covered by the plan.\n\n124ND  Compliance notices\n\n(1) The Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may give a notice (a compliance notice) to the schooling requirement person requiring the person to comply with one or more requirements specified in the notice if the person commits any of the following failures:\n\n(a) if a notice is given to the person under section 124NB—the person fails to attend the conference at the place and time specified under paragraph 124NB(a);\n\n(b) the person fails to enter into a school attendance plan in accordance with section 124NC;\n\n(c) the person fails to comply with a school attendance plan in force in relation to the person.\n\n(2) The compliance notice must give details of:\n\n(a) how to comply with the notice; and\n\n(b) the consequences under this Division of not complying with the notice.\n\nPurpose of notice\n\n(3) A requirement specified in the compliance notice must be one that the notifier considers appropriate for the purpose of ensuring improved school attendance of the schooling requirement person’s child.\n\n124NE  School attendance—condition of schooling requirement payments\n\n(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with a compliance notice given to the person under section 124ND.\n\n(2) Subsection (1) does not apply to the person in relation to a compliance notice, as at a particular day, if the Secretary is satisfied that there are special circumstances applying as at that day, as determined in accordance with the schooling requirement determination (if any), that justify the failure to comply with the compliance notice.\n\n(3) Subsection (1) does not apply to the person in relation to a compliance notice, as at a particular day, if:\n\n(a) before that day, the person has been fined under a law of a State or Territory in relation to the failure of the person’s child or children to attend school in that State or Territory; and\n\n(b) having regard to all the circumstances, the Secretary determines that subsection (1) should not apply to the person as at that day.\n\n(4) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124NF.\n\n(5) For a schooling requirement payment under the Veterans’ Entitlements Act:\n\n(a) this section does not apply in relation to the grant of the payment; but\n\n(b) this section otherwise applies in relation to the payment.\n\n(6) A determination under paragraph (3)(b) is not a legislative instrument.\n\n124NF  School attendance—suspension or cancellation for non‑compliance with compliance notice\n\nScope\n\n(1) This section applies if, as at a particular day:\n\n(a) a schooling requirement person has been given a compliance notice; and\n\n(b) a schooling requirement payment is not payable to the person because subsection 124NE(1) applies to the person as at that day.\n\nNote: Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice.\n\nSuspension or cancellation of payment\n\n(2) The Secretary must:\n\n(a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the compliance notice—determine that the payment is to be suspended or cancelled; or\n\n(b) in any other case—determine that the payment is to be suspended.\n\nPayment may be suspended more than once\n\n(3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular compliance notice.\n\nNote: Following suspension of a schooling requirement payment, the payment may become payable again under section 124NG. Subsection (3) of this section allows for a further suspension of the payment even after the payment has become payable again.\n\nPayment may be suspended even if not yet received\n\n(4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.\n\nNote: A compliance notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)). The claim may be granted even if subsection 124NE(1) applies to the person. However, in that event, the Secretary must suspend the payment under this section (before it has started).\n\n124NG  School attendance—when payments become payable after suspension\n\nScope\n\n(1) This section applies if, on a particular day (the reconsideration day):\n\n(a) a person’s schooling requirement payment has been, and remains, suspended under section 124NF, where the compliance notice concerned required the person to enter into a school attendance plan; and\n\n(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day:\n\n(i) the person has entered into such a plan containing requirements that the Secretary considers appropriate for the purpose of ensuring improved school attendance of the one or more children covered by the plan; or\n\n(ii) there are special circumstances applying, as determined in accordance with the schooling requirement determination (if any), that justify the person being unable to enter into such a plan.\n\n(2) This section also applies if, on a particular day (the reconsideration day):\n\n(a) a person’s schooling requirement payment has been, and remains, suspended under section 124NF, where the compliance notice concerned required the person to comply with a school attendance plan in force in relation to the person; and\n\n(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and\n\n(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day:\n\n(i) the person is complying with the plan; or\n\n(ii) there are special circumstances applying, as determined in accordance with the schooling requirement determination (if any), that justify the person being unable to comply with the plan.\n\nDetermination that payment is payable\n\n(3) The Secretary must determine:","sortOrder":1000042},{"sectionNumber":"full-source-retrieval-0044","sectionType":"document_chunk","heading":"Document excerpt 44","content":"(a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans’ Entitlements Act, as the case requires); and\n\n(b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).\n\nEntitlement to arrears—suspension for total period of up to 13 weeks\n\n(4) If the payment has been suspended under section 124NF for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular compliance notice, the date of effect of the determination under subsection (3) is the day on which the latest suspension determination was made under section 124NF in relation to such compliance.\n\nNote: A schooling requirement payment may be suspended more than once under section 124NF (see subsection 124NF(3)).\n\nEntitlement to arrears—suspension for total period of 13 weeks or more\n\n(5) If subsection (4) does not apply, the date of effect of the determination under subsection (3) is:\n\n(a) the reconsideration day; or\n\n(b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).\n\n(6) For the purposes of subsection (5), the Secretary may vary a determination under subsection (3) to state an earlier date of effect, if the determination:\n\n(a) does not include such a statement; or\n\n(b) includes such a statement in relation to a later day.\n\nHow arrears are paid\n\n(7) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, in accordance with the determination under subsection (3).\n\n(8) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (3).\n\nNon‑application of general provisions for date of effect\n\n(9) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (3).\n\nDivision 4—Information about schooling\n\n124P  Schooling requirements—information about schooling\n\n(1) Despite any law (whether written or unwritten) in force in a State or Territory:\n\n(a) a State or Territory; or\n\n(b) a non‑government school authority; or\n\n(c) any other person who is responsible for the operation of one or more schools;\n\nmay, for the purposes of this Part, give the Secretary information about the enrolment, or non‑enrolment, of children at school.\n\n(2) Despite any law (whether written or unwritten) in force in a State or Territory:\n\n(a) a State or Territory; or\n\n(b) a non‑government school authority; or\n\n(c) any other person who is responsible for the operation of one or more schools;\n\nmay, for the purposes of this Part, give the Secretary information about either or both of the following:\n\n(d) the attendance, or non‑attendance, of children at school;\n\n(e) a person’s compliance with a compliance notice given to the person.\n\nDivision 5—General provisions\n\n124PA  Relationship between Divisions of this Part\n\nNo Division of this Part limits any other Division of this Part.\n\nPart 4—Internal review of decisions\n\nDivision 1—Effect of Part\n\n124Q  Application of Part to decisions under repealed laws\n\nThis Part applies as if a decision under:\n\n(a) the 1947 Act; or\n\n(b) the 1991 Act as in force immediately before the commencement of this Part;\n\nwere a decision under the social security law.\n\n125  Decisions by officers under instruments\n\nFor the purposes of this Part, a decision made by an officer under an instrument (other than an instrument that is a legislative instrument) made or issued under this Act or the 1991 Act is taken to be a decision under the social security law.\n\nDivision 2—Internal review\n\n126  Review of decisions by Secretary\n\n(1) The Secretary may review, subject to subsection (2), a decision of an officer under the social security law if the Secretary is satisfied that there is sufficient reason to review the decision.\n\n(2) The Secretary may review a decision:\n\n(a) whether or not any person has applied for review of the decision; and\n\n(b) even if an application has been made to the ART for review of the decision.\n\n(3) The Secretary may:\n\n(a) affirm a decision; or\n\n(b) vary a decision; or\n\n(c) set a decision aside and substitute a new decision.\n\n(4) If:\n\n(a) the Secretary sets a decision aside under subsection (3); and\n\n(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;\n\nthe Secretary may, if satisfied that it is reasonable to do so, determine that the event is taken to have occurred for the purposes of the social security law.\n\n126A  Review of determination of youth allowance rate in relation to maintenance income\n\nThe Secretary must review a decision under section 126 if:\n\n(a) the decision is a determination of the rate of youth allowance payable to a person for a period in an income year; and\n\n(b) in making the determination, the Secretary had regard to an estimate of the amount of maintenance income for a parent of the person; and\n\n(c) at a time after the end of the income year, the Secretary becomes satisfied that the Secretary has sufficient information to work out the annualised amount of maintenance income for the parent for the income year for the purposes of point 1067G‑GA1 of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, without regard to an estimate.\n\nNote: Section 123AB (verification of maintenance income) applies to the review of the decision.\n\n127  Decisions that are not reviewable by the Secretary\n\n(1) The Secretary may not, on an application under section 129, review a decision made by the Secretary himself or herself.\n\n(2) The Secretary may not review a decision made by the Employment Secretary declaring, under section 28 of the 1991 Act, a program of work to be an approved program of work for income support payment.\n\n(3) The Secretary may not review a decision made personally by the Agriculture Minister or the Secretary of the Agriculture Department under or in relation to the Farm Household Support Act 2014.\n\n(4) The Secretary may not review:\n\n(aa) a decision to give a notice under subsection 123SE(3) or 123SIA(2); or\n\n(aaa) a decision to give a notice under subsection 123UO(3A); or\n\n(aab) a decision to make a payment under subsection 123UP(2); or\n\n(a) a decision that is a reviewable decision under section 138A (decision by Commissioner about deferring or amending assessment relating to student start‑up loans); or\n\n(b) a decision under section 138D or 138F (decision following reconsideration of a decision that is a reviewable decision under section 138A); or\n\n(c) a decision to give a notice under subsection 1061ZVJD(1) or 1061ZVJF(1) of the 1991 Act (decision by Commissioner to notify Secretary that incorrect or cancelled tax file number has been given in relation to student start‑up loans).\n\n128  Notice to ART Principal Registrar\n\nIf the Secretary makes a review decision under section 126 to vary or substitute a decision after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary’s review decision to the ART Principal Registrar.\n\n129  Application for review\n\n(1) Subject to subsections (3) and (4), a person affected by a decision of an officer under the social security law may apply to the Secretary for review of the decision.\n\n(3) If:\n\n(a) an officer makes a decision under the social security law in relation to pension bonus or essential medical equipment payment; and\n\n(b) notice is given to the person concerned;\n\nthe person is not entitled to make an application under subsection (1) for review of the decision more than 13 weeks after the giving of the notice.\n\n(4) A person may not apply under subsection (1) for review of:\n\n(a) a decision made by the Secretary himself or herself; or\n\n(c) a decision made by the Employment Secretary:\n\n(i) under section 28 of the 1991 Act; or\n\n(ii) approving a course of study or a labour market program; or\n\n(iii) exempting a person from the application of a provision of the social security law; or\n\n(d) a decision made personally by the Agriculture Minister or the Secretary of the Agriculture Department under or in relation to the Farm Household Support Act 2014; or\n\n(da) a decision that is a reviewable decision under section 138A (decision by Commissioner about deferring or amending assessment relating to student start‑up loans); or\n\n(db) a decision under section 138D or 138F (decision following reconsideration of a decision that is a reviewable decision under section 138A); or\n\n(dc) a decision by the Commissioner to give a notice under subsection 1061ZVJD(1) or 1061ZVJF(1) of the 1991 Act (notifying Secretary that incorrect or cancelled tax file number has been given in relation to student start‑up loans); or\n\n(f) a decision made by the Chief Executive Centrelink himself or herself in the exercise of a delegated power.\n\n(5) A reference in this section to a decision of an officer under the social security law includes a reference to a determination that the Secretary is taken, by virtue of a provision of the social security law, to have made.\n\n130  Withdrawal of application\n\n(1) A person who has applied for review of a decision may withdraw the application at any time before the review has been completed.\n\n(2) If an application for review of a decision is withdrawn, the application is taken never to have been made.\n\n(3) An application may be withdrawn orally or in writing or in any other manner approved by the Secretary.\n\n131  Secretary may continue payment pending outcome of application for review\n\n(1) If:\n\n(a) an adverse decision is made in relation to a social security payment; and\n\n(aa) the adverse decision is not made under Division 3AA of Part 3 (compliance with participation payment obligations: persons other than declared program participants); and\n\n(b) the adverse decision:\n\n(i) depends on the exercise of a discretion, or the holding of an opinion, by a person; or\n\n(ii) would result in the application of a compliance penalty period; and\n\n(c) a person applies to the Secretary under section 129 for review of the adverse decision;\n\nthe Secretary may declare that the payment of the social security payment is to continue pending the determination of the review as if the adverse decision had not been made.\n\n(3) A declaration under subsection (1) must be by notice in writing.\n\n(4) While a declaration under subsection (1) is in force in relation to an adverse decision, the social security law (other than this Part) applies as if the adverse decision had not been made.\n\n(5) A declaration under subsection (1) in relation to an adverse decision:\n\n(a) takes effect on the day on which it is made or on such earlier day (if any) as is specified in the declaration; and\n\n(b) ceases to have effect:\n\n(i) if the application for review is withdrawn—on the day the application is withdrawn; or\n\n(ii) if a decision (the review decision) is made by the Secretary on the review of the adverse decision—at the end of the period of 13 weeks beginning on the day the review decision is made, or on such earlier day (if any) within that 13 week period as is specified by the Secretary; or\n\n(iii) if the declaration is revoked by the Secretary—on the day the declaration is revoked.\n\n(5A) If:\n\n(a) an adverse decision results in a serious failure period or an unemployment non‑payment period; and\n\n(b) a declaration in relation to the decision ceases to have effect under subsection (5); and\n\n(c) after the declaration ceases, the serious failure period or the unemployment non‑payment period, or the balance of that period, remains to be served;\n\nthe period or the balance of the period continues from the day the declaration ceases.\n\n(6) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding that opinion, whether or not the social security law expressly requires the opinion to be held before the decision concerned is made.\n\n(7) In this section:\n\nadverse decision, in relation to a social security payment, means:\n\n(a) a decision to cancel or suspend the social security payment; or\n\n(b) a decision to reduce the rate of the social security payment.\n\n132  Guidelines for exercise of Secretary’s power to continue payment\n\nThe Minister, by legislative instrument:\n\n(a) is to determine guidelines for the exercise of the Secretary’s power to make declarations under section 131 in relation to social security payments to persons who are subject to a compliance penalty period; and\n\n(b) may revoke or vary those guidelines.\n\n135  Review of decisions following application under section 129\n\n(1) Subject to subsection (3) and subsection 127(1), if a person applies under section 129 for review of a decision, the Secretary, the Chief Executive Centrelink or an authorised review officer must:\n\n(a) review the decision; and\n\n(b) do one of the following:\n\n(i) affirm the decision;\n\n(ii) vary the decision;\n\n(iii) set the decision aside and substitute a new decision.\n\n(2) In the case of an application for review of a decision made by an officer of the Employment Department as a delegate of the Secretary, the reference in subsection (1) to an authorised review officer is to be read as a reference to an authorised review officer who is an officer of that Department.\n\n(3) An authorised review officer may not review a decision relating to the exercise of the Secretary’s power under section 181 of this Act.\n\n(5) If:\n\n(a) a person sets aside a decision under subsection (1); and\n\n(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;\n\nthe Secretary may, if satisfied that it is reasonable to do so, determine that the event is taken to have occurred for the purposes of the social security law.\n\n136  Notice of decision on review\n\nIf a person makes a decision under subsection 135(1), the person must give the applicant written notice of the decision.\n\n137  Certain decisions not to be revived\n\n(1) This section has effect if:\n\n(a) the Secretary makes a determination (the first determination) that:\n\n(i) a social security payment is granted or is payable to a person; or\n\n(ii) a social security payment is payable to a person at a particular rate; and\n\n(b) the Secretary makes a determination (the second determination):\n\n(i) cancelling the social security payment; or\n\n(ii) reducing the rate at which the social security payment is payable; and\n\n(c) notice of the second determination is given to the person; and\n\n(d) the person applies under section 129 for review of the second determination; and\n\n(e) the application is made more than 13 weeks after notice of the second determination was given; and\n\n(f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and\n\n(g) the review decision, or the effect of the review decision, is:\n\n(i) to set aside the second determination; or\n\n(ii) to affirm a decision setting aside the second determination.\n\n(2) This section has effect if:\n\n(a) the Secretary makes a determination (the first determination) that:\n\n(i) a social security payment is granted or is payable to a person; or\n\n(ii) a social security payment is payable to a person at a particular rate; and\n\n(b) the Secretary makes a determination (the second determination):\n\n(i) cancelling the social security payment; or\n\n(ii) reducing the rate at which the social security payment is payable; and\n\n(c) notice of the second determination is given to the person; and\n\n(d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the decision having been made; and\n\n(e) the decision of the Secretary on the review is to set aside the second determination; and\n\n(f) the decision on the review is made more than 13 weeks after notice of the second determination was given.\n\n(3) This section has effect if:\n\n(a) the Secretary makes a determination (the first determination) that:\n\n(i) a person’s claim for a concession card is granted; or\n\n(ii) a person is qualified for a concession card; and\n\n(b) the Secretary makes a determination (the second determination) cancelling the concession card; and\n\n(c) notice of the second determination is given to the person; and\n\n(d) the person applies under section 129 for review of the second determination; and\n\n(e) the application is made more than 13 weeks after notice of the second determination was given; and\n\n(f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and\n\n(g) the review decision, or the effect of the review decision, is:\n\n(i) to set aside the second determination; or\n\n(ii) to affirm a decision setting aside the second determination.\n\n(4) This section has effect if:\n\n(a) the Secretary makes a determination (the first determination) that:\n\n(i) a person’s claim for a concession card is granted; or\n\n(ii) a person is qualified for a concession card; and\n\n(b) the Secretary makes a determination (the second determination) cancelling the concession card; and\n\n(c) notice of the second determination is given to the person; and\n\n(d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the declaration having been made; and\n\n(e) the decision of the Secretary on the review is to set aside the second determination; and\n\n(f) the decision is made more than 13 weeks after notice of the second determination was given.\n\n(5) If this section has effect:","sortOrder":1000043},{"sectionNumber":"full-source-retrieval-0045","sectionType":"document_chunk","heading":"Document excerpt 45","content":"(a) the second determination does not become void from the time when it was made; and\n\n(b) the mere setting aside of the second determination does not of itself revive the first determination.\n\n(6) For the purposes of this section, a person is taken to have applied for review of a determination (the primary determination) if:\n\n(a) the person applies for review of another determination or decision; and\n\n(b) a review of the primary determination is necessary to resolve the issues raised by the review of that other determination or decision.\n\n138  Notification of further rights of review\n\n(1) If a person (the decision‑maker) gives another person notice under section 136, the notice must include:\n\n(a) a statement to the effect that the other person may, subject to the social security law and the ART Act, apply to the ART for review of the decision‑maker’s decision; and\n\n(b) a statement about the decision‑maker’s decision that:\n\n(i) sets out the reasons for the decision; and\n\n(ii) sets out the findings by the decision‑maker on material questions of fact; and\n\n(iii) refers to the evidence or other material on which those findings were based.\n\n(2) A contravention of subsection (1) in relation to notice of a decision does not affect the validity of the decision.\n\n(3) Paragraph (1)(a) does not apply in relation to a decision that is not reviewable by the ART (see section 144).\n\nDivision 2A—Internal review of certain Commissioner decisions relating to student start‑up loans\n\n138A  Decisions reviewable under this Division\n\nEach of the following is a reviewable decision for the purposes of this Division:\n\n(a) a decision by the Commissioner under section 1061ZVHE of the 1991 Act (Commissioner may defer making assessments);\n\n(b) a decision by the Commissioner under section 1061ZVHF of the 1991 Act (Commissioner may amend assessments).\n\n138B  Commissioner must give reasons for reviewable decisions\n\n(1) The Commissioner’s notice to a person of the making of a reviewable decision must include reasons for the decision.\n\n(2) Subsection (1) does not affect an obligation, imposed upon the Commissioner by any other law, to give reasons for a decision.\n\n138C  Reviewer of decisions\n\n(1) The Commissioner is the reviewer of a reviewable decision for the purposes of this Division, subject to subsection (2).\n\n(2) If:\n\n(a) the reviewable decision was made by a delegate of the Commissioner; and\n\n(b) the decision is to be reconsidered by a delegate of the Commissioner;\n\nthen the delegate who reconsiders the decision must be a person who:\n\n(c) was not involved in making the decision; and\n\n(d) occupies a position that is senior to that occupied by any person involved in making the decision.\n\n138D  Reviewer may reconsider reviewable decisions\n\n(1) The reviewer of a reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.\n\n(2) The reviewer may reconsider the decision even if:\n\n(a) an application for reconsideration of the decision has been made under section 138F; or\n\n(b) the decision has been confirmed, varied or set aside under section 138F and an application has been made under section 138H for review of the decision.\n\n(3) After reconsidering the decision, the reviewer must:\n\n(a) confirm the decision; or\n\n(b) vary the decision; or\n\n(c) set the decision aside and substitute a new decision.\n\n(4) The reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:\n\n(a) on the day specified in the decision on review; or\n\n(b) if a day is not specified—on the day on which the decision on review was made.\n\n(5) The reviewer must give written notice of the decision on review to the person to whom that decision relates.\n\n(6) The notice:\n\n(a) must be given within a reasonable period after the decision is made; and\n\n(b) must contain a statement of the reasons for the reviewer’s decision on review.\n\nNote: Section 266 of the ART Act requires the person to be notified of the person’s review rights.\n\n138E  Notice to ART Principal Registrar\n\nIf:\n\n(a) a reviewer makes a decision under subsection 138D(3); and\n\n(b) at the time of the reviewer’s decision, a person has applied to the ART for review of the decision reviewed by the reviewer;\n\nthe reviewer must give the ART Principal Registrar written notice of the reviewer’s decision under subsection 138D(3).\n\n138F  Reconsideration of reviewable decisions on request\n\n(1) A person whose interests are affected by a reviewable decision may request the reviewer to reconsider the decision.\n\n(2) The person’s request must be made by written notice given to the reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.\n\n(3) The notice must set out the reasons for making the request.\n\n(4) After receiving the request, the reviewer must reconsider the decision and:\n\n(a) confirm the decision; or\n\n(b) vary the decision; or\n\n(c) set the decision aside and substitute a new decision.\n\n(5) The reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:\n\n(a) on the day specified in the decision on review; or\n\n(b) if a day is not specified—on the day on which the decision on review was made.\n\n(6) The reviewer must give the person written notice of the decision on review.\n\n(7) The notice:\n\n(a) must be given within a reasonable period after the decision on review is made; and\n\n(b) must contain a statement of the reasons for the decision on review.\n\nNote: Section 266 of the ART Act requires the person to be notified of the person’s review rights.\n\n(8) The reviewer is taken, for the purposes of this Division, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person’s request.\n\n138G  Withdrawal of request\n\n(1) A person who has requested the reviewer to reconsider a reviewable decision may, by written notice given to the reviewer, withdraw the request at any time before the review has been completed.\n\n(2) If a request is withdrawn, the request is taken never to have been made.\n\n138H  ART review of reviewable decisions\n\nApplications may be made to the ART for review of reviewable decisions that have been confirmed, varied or set aside under section 138D (Reviewer may reconsider reviewable decisions) or 138F (Reconsideration of reviewable decisions on request).\n\n138J  Decision changed before ART review completed\n\nDecision varied\n\n(1) If the reviewer varies a reviewable decision under subsection 138D(3) after an application has been made to the ART for review of that decision but before the determination of the application, the application is taken to be an application for review of the decision as varied.\n\nDecision set aside and a new decision substituted\n\n(2) If the reviewer sets aside a reviewable decision under subsection 138D(3) and substitutes a new decision, after an application has been made to the ART for review of the reviewable decision but before the determination of the application, the application is taken to be an application for review of the new decision.\n\nPart 4A—Review by the ART\n\nDivision 1—Preliminary\n\n139  Simplified outline of this Part\n\nIf a person is dissatisfied with a decision of an officer under the social security law, the person may apply to the ART for a review (an “ART review”) of the decision.\n\nIf a person is dissatisfied with a decision of the ART on ART review, the person may apply to the ART for second review.\n\nThe rules relating to ART review of decisions are mainly in the ART Act, but the operation of that Act is modified in some ways by this Part for the purposes of those reviews.\n\nThe ART Act allows a person to appeal to the Federal Court on a question of law from a decision of the ART.\n\nDivision 2—ART review\n\nSubdivision A—Preliminary\n\n140  Application of Division\n\n(1) This Division applies to the review by the ART of a decision of an officer under the social security law, including an employment pathway plan decision.\n\nNote: A review for which an application may be made in accordance with this Division is an ART review (see section 142).\n\n(2) A reference in this section to a decision of an officer under the social security law includes a reference to a determination that the Secretary is taken, by virtue of a provision of the social security law, to have made.\n\n140A  Definition of employment pathway plan decision\n\nFor the purposes of this Act, an employment pathway plan decision is:\n\n(a) a decision of the Employment Secretary under subsection 40A(3) to notify a person of the requirement to enter into an employment pathway plan, where the notification does not give the person the option of entering into the plan under section 40E; or\n\n(b) a decision of the Employment Secretary under subsection 40D(4) to approve requirements in an employment pathway plan; or\n\n(c) a decision of the Employment Secretary under subsection 40V(1) to vary an employment pathway plan; or\n\n(d) a decision of the Employment Secretary under paragraph 40V(3)(b) to refuse to vary an employment pathway plan.\n\nSubdivision B—ART review: applications\n\n142  Reviewable decisions\n\n(1) Subject to section 144, application may be made to the ART for review (ART review) of:\n\n(a) a decision of the Secretary, the Chief Executive Centrelink or an authorised review officer made under section 126 or 135; or\n\n(b) a decision under this Act made personally by the Secretary or the Chief Executive Centrelink.\n\n(4) For the purposes of subsection (1), the decision made by the Secretary, the Chief Executive Centrelink or the authorised review officer is taken to be:\n\n(a) if the Secretary, the Chief Executive Centrelink or the authorised review officer affirms a decision—that decision as affirmed; and\n\n(b) if the Secretary, the Chief Executive Centrelink or the authorised review officer varies a decision—that decision as varied; and\n\n(c) if the Secretary, the Chief Executive Centrelink or the authorised review officer sets a decision aside and substitutes a new decision—the new decision.\n\n142A  Person who made the decision\n\nFor the purposes of ART review of a decision, a reference in the ART Act to the decision‑maker for the decision is taken to be a reference to:\n\n(a) the Secretary; and\n\n(b) if the decision was made by the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) as a delegate of the Secretary or the Employment Secretary—the Chief Executive Centrelink.\n\n142B  Decision‑maker taken to have elected not to participate in ART review proceeding\n\nFor the purposes of ART review of a decision, the decision‑maker for the decision is taken to have given the ART an election notice (within the meaning of the ART Act) in relation to a kind of proceeding that is a proceeding for ART review of the decision.\n\n143  Application requirement—employment pathway plan decisions\n\nThe ART may only carry out an ART review of an employment pathway plan decision if the application for ART review is expressed to be for that decision.\n\n144  Non‑reviewable decisions\n\nThe ART cannot review any of the following decisions:\n\n(d) a decision under section 36 or 36A of the 1991 Act;\n\n(da) a decision under section 1061ZZGC of the 1991 Act;\n\n(e) a decision under a provision dealing with the approval by the Secretary of a course, labour market program, program of work for income support payment or rehabilitation program;\n\n(f) a decision under section 16 of this Act;\n\n(faa) a decision under subsection 42AM(1) of this Act;\n\n(fa) a decision under subsection 42P(3) of this Act;\n\n(g) a decision under section 58 or 59 to pay an amount to a person;\n\n(h) a decision to make a payment under section 75 of this Act;\n\n(i) a decision, under subsection 59(3) of this Act, to grant a claim for a pension bonus after the claimant has died;\n\n(k) a decision to give a notice under Subdivision B of Division 6 of Part 3 of this Act;\n\n(l) a decision to give a notice under subsection 123SE(3) or 123SIA(2);\n\n(laa) a decision to give a notice under subsection 123UO(3A);\n\n(lab) a decision to make a payment under subsection 123UP(2);\n\n(m) a decision under section 131 or 145 of this Act;\n\n(n) a decision under Division 1 of Part 5 of this Act;\n\n(o) a decision under section 238 of this Act;\n\n(p) a decision of the Secretary:\n\n(i) determining, under subsection 1100(2) of the 1991 Act, that it is not appropriate for that subsection to apply in respect of a payment or a class or kind of payments; or\n\n(ii) determining, in accordance with section 1100 of the 1991 Act, that a rate of exchange is appropriate for the calculation of the value in Australian currency of an amount (the foreign amount) received by a person in a foreign currency if that rate does not differ by more than 5% from the rate of exchange that was applied when the person received Australian currency for the foreign amount;\n\n(s) a decision relating to the Secretary’s power under section 181 of this Act to settle proceedings before the ART.\n\n145  Secretary may continue payment pending outcome of application for review\n\n(1) If:\n\n(a) an adverse decision is made in relation to a social security payment; and\n\n(aa) the adverse decision is not made under Division 3AA of Part 3 (compliance with participation payment obligations: persons other than declared program participants); and\n\n(b) the adverse decision:\n\n(i) depends on the exercise of a discretion by a person or the holding of an opinion by a person; or\n\n(ii) would result in the application of a compliance penalty period; and\n\n(c) a person applies for ART review of the adverse decision;\n\nthe Secretary may declare that payment of the social security payment is to continue, pending the determination of the review, as if the adverse decision had not been made.\n\n(2) A declaration must be by notice in writing.\n\n(3) While a declaration under subsection (1) is in force in relation to an adverse decision, the social security law (other than this Division) applies as if the adverse decision had not been made.\n\n(4) A declaration under subsection (1) in relation to an adverse decision:\n\n(a) takes effect on the day on which the declaration is made or on such earlier day (if any) as is specified in the declaration; and\n\n(b) ceases to have effect:\n\n(i) if the application for ART review is dismissed—on the day the application is dismissed; or\n\n(ii) if the ART makes a decision on ART review of the adverse decision—at the end of the period of 13 weeks beginning on the day the ART’s decision is made, or on an earlier day specified by the Secretary; or\n\n(iii) if the declaration is revoked by the Secretary—on the day the declaration is revoked.\n\n(4A) If:\n\n(a) an adverse decision results in a serious failure period or an unemployment non‑payment period; and\n\n(b) a declaration in relation to the decision ceases to have effect under subsection (4); and\n\n(c) after the declaration ceases, the serious failure period or the unemployment non‑payment period, or the balance of that period, remains to be served;\n\nthe period or the balance of the period continues from the day the declaration ceases.\n\n(5) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding that opinion, whether or not the social security law expressly requires the opinion to be held before the decision concerned is made.\n\n(5A) If a declaration under subsection (1) is in force in relation to a decision for which an application for ART review has been made, the President of the ART must take reasonable steps to ensure the decision is reviewed as quickly as possible.\n\n(6) In this section:\n\nadverse decision, in relation to a social security payment, means:\n\n(a) a decision to cancel or suspend the social security payment; or\n\n(b) a decision to reduce the rate of the social security payment.\n\n146  Guidelines for exercise of Secretary’s power to continue payment\n\nThe Minister, by legislative instrument:\n\n(a) is to set guidelines for the exercise of the Secretary’s power to make a declaration under subsection 145(1) affecting payments to persons who are subject to a compliance penalty period; and\n\n(b) may revoke or vary those guidelines.\n\nSubdivision C—ART review: relationship with ART Act\n\n147  Application and modification of ART Act\n\n(1) For the purposes of ART review under this Division, a provision of the ART Act listed in an item of the following table is disapplied or modified as set out in that item, in relation to the decision or matter under this Act set out in that item.","sortOrder":1000044},{"sectionNumber":"full-source-retrieval-0046","sectionType":"document_chunk","heading":"Document excerpt 46","content":"- Application and modification of ART Act\n- Item Decision or matter Provision of ART Act Application or modification of provision of ART Act\n- 1 A decision to which this Division applies Section 18 (when to apply for review) The section does not apply\n- 5 A decision to which this Division applies, other than an employment pathway plan decision Section 54 (ART can exercise powers of decision‑maker) The section does not apply in relation to a power or discretion conferred by the social security law on the Secretary under the following provisions:(a) a provision dealing with the form and place of lodgement of a claim;(b) a provision dealing with the manner of payment of a social security payment;(c) section 1061ZZGC of the 1991 Act;(d) section 1233 of the 1991 Act;(e) a provision dealing with the giving of a notice requiring information;(f) section 1100 of the 1991 Act;(g) section 131 or 145 of this Act;(h) a provision dealing with the imposition of requirements before the grant of a social security payment;(i) a provision dealing with the deduction of amounts from payments of a social security payment for tax purposes\n- 6 An employment pathway plan decision Section 54 (ART can exercise powers of decision‑maker) The section does not apply\n- 6A An employment pathway plan decision Section 105 (ART decision on review of reviewable decision) The section has effect as if the following were omitted:(a) paragraph (b);(b) subparagraph (c)(i)\n- 8 Date of effect of decision on ART review, other than an ART decision in relation to an employment pathway plan decision Subsections 108(4) and (5) (time of effect for ART decision) The subsections have effect as if the reviewable decision had taken effect on the day a person made the first review application in relation to the decision, if:(a) the person is given written notice of the decision under the social security law; and(b) the person makes the first review application more than 13 weeks after the notice was given; and(c) on ART review, the ART varies the decision or sets the decision aside; and(d) the effect of the ART’s decision is:(i) to grant the person’s claim for a social security payment or a concession card; or(ii) to direct the making of a payment of a social security payment to the person or the issue of a concession card to the person, as the case may be; or(iii) to increase the rate of the person’s social security payment\n- 9 A decision to which this Division applies Section 268 (requesting reasons for reviewable decision from decision‑maker) The section does not apply\n\n(2) For the purposes of item 8 of the table in subsection (1), the first review application in relation to a reviewable decision is:\n\n(a) the application for ART review of the reviewable decision; or\n\n(b) if more than one such application has been made—the application that was made first.\n\n147A  Operation and implementation of decision under ART review\n\nSubsection 32(2) (ART may stay operation or implementation) of the ART Act does not apply in relation to a proceeding for ART review.\n\n147B  Remitting decisions for reconsideration\n\nSection 85 (ART may remit decision to decision‑maker for reconsideration) of the ART Act does not apply in relation to a proceeding for ART review.\n\n147C  Legal or financial assistance\n\n(1) Subsection 294(1) (legal or financial assistance for applicants) of the ART Act does not apply in relation to:\n\n(a) a person who proposes to apply to the ART for ART review; or\n\n(b) a person who applies to the ART for ART review, unless the proceeding in relation to the application is a guidance and appeals panel proceeding.\n\n(2) Subsection 294(3) (legal or financial assistance for other parties) of the ART Act does not apply in relation to a proceeding for ART review unless the proceeding is a guidance and appeals panel proceeding.\n\n(3) Subsection 294(4) (legal or financial assistance for court proceedings) of the ART Act does not apply in relation to a matter that relates to a proceeding for ART review unless the proceeding is a guidance and appeals panel proceeding.\n\nSubdivision D—ART review: other matters\n\n148  Procedure on receipt of application for certain ART reviews\n\n(1) The ART may, in relation to an application for ART review, request the Secretary to lodge with the ART the statement and other documents referred to in section 23 (decision‑maker must give ART reasons and documents—general rule) of the ART Act before the end of the period that otherwise applies.\n\n(2) If the ART does so, the Secretary must take reasonable steps to comply with the request.\n\n(3) Nothing in this section prevents the operation of subsection 28(4) of the ART Act (which allows the ART to shorten the period for giving documents).\n\n165A  ART’s power to obtain information for ART review\n\n(1) If the ART reasonably believes that a person has information that is relevant to an ART review and the person is not a party to the review, the ART may, by written notice given to the person, require the person to give to the ART, within the period and in the manner specified in the notice, any such information.\n\nNote: Section 74 of the ART Act deals with the ART’s power to summon a person to give evidence or produce documents.\n\n(2) A person commits an offence if:\n\n(a) the ART gives the person a notice under subsection (1); and\n\n(b) the person fails to comply with the notice.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n(3) Subsection (2) does not apply if complying with the notice might tend to incriminate the person.\n\n166  Exercise by Secretary of powers under section 192\n\n(1) The ART may ask the Secretary to exercise the Secretary’s powers under section 192 if the ART reasonably believes that a person will be able to give information, or produce a document, that is relevant to an ART review of a decision.\n\n(2) The Secretary must comply with a request under subsection (1) as soon as practicable and, in any event, within 7 days after the request is made.\n\n(3) Section 191A does not apply to the Secretary when complying with a request under subsection (1).\n\n168  Hearing of certain ART reviews in private\n\n(1) This section applies in relation to a proceeding for ART review if the ART is constituted for the purposes of the proceeding otherwise than by the guidance and appeals panel.\n\n(2) The hearing of the proceeding must be in private.\n\n(3) The ART may give directions, in writing or otherwise, as to the persons who may be present at the hearing of the proceeding.\n\n(4) In giving directions, the ART must have regard to the wishes of the parties and the need to protect their privacy.\n\n(5) Section 69 (hearings to be in public unless practice directions or ART order requires otherwise) of the ART Act does not apply in relation to the hearing of the proceeding.\n\n176  Costs of review\n\n(1) Subject to subsection (4), a party to an ART review must bear any expenses incurred by the party in connection with the review.\n\n(2) The ART may determine that the Commonwealth is to pay the reasonable costs that are:\n\n(a) incurred by a party for travel and accommodation in connection with the review; and\n\n(b) specified in the determination.\n\n(3) If the ART arranges for the provision of a medical service in relation to a party to the review, the ART may determine that the Commonwealth is to pay the costs of the provision of the service.\n\n(4) If the ART makes a determination under subsection (2) or (3), the costs to which the determination relates are payable by the Commonwealth.\n\n177  Assessment of rate of social security payment\n\nIf, on ART review, the ART sets aside a decision (other than an employment pathway plan decision) and substitutes for it a decision that a person is entitled to a social security payment, the ART must:\n\n(a) assess the rate at which the social security payment is to be paid to the person; or\n\n(b) ask one of the following persons to assess the rate at which the social security payment is to be paid:\n\n(i) for a decision in relation to a pension bonus or pension bonus bereavement payment—the Secretary;\n\n(ii) for other decisions—the Secretary or the Chief Executive Centrelink, as the case requires.\n\n181  Settlement of proceedings before the ART\n\n(1) The Secretary may agree, in writing, with other parties to settle proceedings before the ART that relate to the recovery of a debt.\n\n(2) If proceedings are settled and the Secretary gives the ART a copy of the agreement to settle the proceedings, the application for review of the decision the subject of the proceedings is taken to have been dismissed.\n\n182  Variation or substitution of decision before ART review determined\n\n(1) If an officer varies or substitutes a decision after an application has been made to the ART for ART review of the decision, the application is taken to be an application for review of the decision as varied or substituted.\n\n(2) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.\n\n183  Secretary or ART may treat event as having occurred\n\nIf:\n\n(a) on ART review of a decision, the ART sets the decision aside; and\n\n(b) the Secretary or the ART, as the case may be, is satisfied that an event that did not occur would have occurred if the decision had not been made;\n\nthe Secretary or the ART may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of the social security law.\n\nPart 5—Information management\n\nDivision 1—Information gathering\n\n191  Application of Division\n\nThis Division:\n\n(a) binds the Crown in each of its capacities; and\n\n(b) extends to:\n\n(i) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and\n\n(ii) all persons, irrespective of their nationality or citizenship.\n\n191A  Reasonable belief needed to require information or documents\n\nThe Secretary can only require a person to:\n\n(a) give information; or\n\n(b) produce a document;\n\nunder this Division if the Secretary reasonably believes that the person will be able to give the information or produce the document.\n\n192  General power to obtain information\n\nThe Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers that the information or document may be relevant to one or more of the following:\n\n(a) the question whether a person who has made a claim for a social security payment is or was qualified for a social security payment;\n\n(aa) the question whether a person is or was qualified for a social security payment for which a claim is not required;\n\n(b) the question whether a social security payment is payable to a person who is receiving the payment;\n\n(c) the question whether a social security payment was payable to a person who has received the payment;\n\n(d) the rate of social security payment that is or was applicable to a person;\n\n(daa) the operation of Division 3AA or 3A of Part 3;\n\n(da) the question whether a person who has made a claim under the Social Security (Fares Allowance) Rules 1998 was eligible for fares allowance;\n\n(daaa) the operation of Part 3AA;\n\n(db) the operation of Part 3B;\n\n(e) the administration of an agreement between Australia and a foreign country on social security matters;\n\n(f) the question whether a person who has been granted a concession card is or was qualified for the card;\n\n(g) the question whether a person who has applied for financial supplement is eligible for the supplement;\n\n(h) the question whether a person who has obtained a financial supplement is or was eligible for the supplement;\n\n(i) the determination of the maximum amount of financial supplement that a person is eligible for;\n\n(j) the question whether an assurance of support given under Chapter 2C of the 1991 Act should be accepted or rejected;\n\n(k) an inquiry or investigation into a matter mentioned in any of the above paragraphs.\n\n193  Power to obtain information from a person who owes a debt to the Commonwealth\n\nThe Secretary may require a person who owes a debt to the Commonwealth under or as a result of the social security law:\n\n(a) either to:\n\n(i) give to the Department information that is relevant to the person’s financial situation; or\n\n(ii) produce to the Department a document that is relevant to the person’s financial situation; and\n\n(b) if the person’s address changes—to inform the Department of the new address within 14 days after the change.\n\n194  Obtaining information about a person who owes a debt to the Commonwealth\n\nThe Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers the information or document:\n\n(a) would help the Department locate another person (the debtor) who owes a debt to the Commonwealth under or as a result of the social security law; or\n\n(b) is relevant to the debtor’s financial situation.\n\n195  Obtaining information to verify claims etc.\n\n(1) The Secretary may require a person to give information about a class of persons to the Department for any or all of the following purposes:\n\n(a) to detect cases in which amounts of social security payment under the social security law have been paid when they should not have been paid;\n\n(b) to detect cases in which concession cards have been granted to persons to whom they should not have been granted;\n\n(c) to verify the qualification of persons who have made claims for social security payments under the social security law for those payments;\n\n(caa) to facilitate the administration of Part 3AA;\n\n(ca) to facilitate the administration of Part 3B;\n\n(cb) to facilitate the administration of Part 3C (schooling requirements);\n\n(d) to verify the eligibility of persons who have applied for financial supplement.\n\n(2) The information that the Secretary may require about each person in the class of persons is all or any of the following information (but no other information):\n\n(a) full name and any previous name;\n\n(b) address;\n\n(c) sex;\n\n(d) marital status;\n\n(e) date of birth;\n\n(f) date of death;\n\n(g) dates of entries into and departures from Australia;\n\n(h) any payments received by the person from the person given the notice, within the period of 52 weeks before the giving of the notice, and the account number of the account into which any of those payments were paid;\n\n(ha) in relation to any legal or equitable estate or interest in real property held by the person:\n\n(i) the name of the owner of the property;\n\n(ii) the address of the property;\n\n(iii) the details of the title documents for the property;\n\n(i) in relation to a course of study (including an accelerator program course) being undertaken by the person:\n\n(i) the name of the educational institution that the person is attending; and\n\n(ii) the name of any educational institution previously attended by the person; and\n\n(iii) the person’s enrolment status; and\n\n(iv) the person’s student identification number; and\n\n(v) the name of the course; and\n\n(vi) the course code; and\n\n(vii) the date on which the course started or starts; and\n\n(viii) the date on which the course ends; and\n\n(ix) the subject or unit code; and\n\n(x) the normal full‑time study work load for the course; and\n\n(xi) indicators of the person’s work load, including (but not limited to) effective full‑time student units, credit points, contact hours, number of subjects undertaken and number of assignments completed; and\n\n(xii) the number of semesters required to complete the course; and\n\n(xiii) the date on which the person first attended, or will first attend, the course; and\n\n(xiv) the date on which the person last attended, or will last attend, the course; and\n\n(xv) whether the person has discontinued the course and, if the person has discontinued the course, the date on which it happened; and\n\n(xvi) details of any unapproved absences from the course; and\n\n(xvii) the results or grade obtained by the person; and\n\n(xviii) the amount or value of a disqualifying accommodation scholarship or disqualifying education costs scholarship received by the person; and\n\n(xix) if the course is an accelerator program course—whether the person is entitled to STARTUP‑HELP assistance for the course;\n\n(j) in relation to any employment of the person by the person given the notice:\n\n(i) the date on which the person’s employment started; and\n\n(ii) the date on which the person’s employment ended;\n\n(ja) in relation to an income stream received by the person:\n\n(i) the type of income stream; and\n\n(ii) a unique identifier allocated to the income stream (also known as a product reference number); and\n\n(iii) the date on which the income stream was purchased; and\n\n(iv) the purchase price; and\n\n(v) the commencement day; and\n\n(vi) the date of the first payment under the income stream; and\n\n(vii) the relevant number; and\n\n(viii) the account balance of the income stream as at the date of the notice; and\n\n(ix) the account balance of the income stream on 1 July of the financial year in which the notice is given; and\n\n(x) for every payment made under the income stream in the 52 weeks before the date of the notice—the gross amount of the payment, the date on which it was paid and, if the payment is paid as a lump sum, the period to which the payment relates; and\n\n(xi) for every payment to be made under the income stream in the 52 weeks after the date of the notice—the gross amount of the payment and the date on which it is to be paid; and\n\n(xii) the date on which, rate at which and way in which the income stream is indexed; and\n\n(xiii) the residual capital value; and\n\n(xiv) if there is a reversionary beneficiary to which the income stream reverts on the death of the person—the name of the reversionary beneficiary and the percentage of the income stream that the reversionary beneficiary will receive; and","sortOrder":1000045},{"sectionNumber":"full-source-retrieval-0047","sectionType":"document_chunk","heading":"Document excerpt 47","content":"(xv) if the income stream was purchased before 20 September 2007—whether the income stream satisfies section 9A, 9B or 9BA of the 1991 Act, as those sections applied immediately before that date; and\n\n(xvi) if the income stream was purchased on or after 20 September 2007—whether the income stream was purchased with funds resulting from the commutation of an asset‑test exempt income stream and whether it is eligible to retain its asset‑test exempt income stream status; and\n\n(xvii) if the income stream is commuted—the date of commutation and the commuted amount; and\n\n(xviii) if the income stream is a defined benefit income stream—the deductible amount for the year in which the notice is given and the method used to work out the tax free components of that deductible amount; and\n\n(xix) if payments made under the income stream represent an amount for a child of the person—the number of children for which payment is made and the gross amount of each payment made under the income stream for each child; and\n\n(xx) any other information required by the Minister in an instrument made under subsection (3A);\n\n(k) for the purposes of Part 3C (schooling requirements), in relation to a schooling requirement child—any information relevant to the child’s past or present enrolment, or attendance, at school (within the meaning of that Part);\n\n(l) for the purposes of Part 3C (schooling requirements), in relation to a person in respect of whom a compliance notice is in force—any information relevant to the person’s compliance with the notice.\n\n(3) The Secretary may require information about a particular class of persons whether or not the Secretary is able to identify any of the persons in that class as being:\n\n(a) persons:\n\n(i) who have received; or\n\n(ii) who are receiving; or\n\n(iii) who have made claims for;\n\nsocial security payments; or\n\n(b) persons:\n\n(i) who are the holders of concession cards; or\n\n(ii) who have made claims for concession cards; or\n\n(c) persons who have applied for financial supplement.\n\n(3A) The Minister may, by legislative instrument, specify information required to be given in relation to an income stream received by a person.\n\n(3B) Before making an instrument under subsection (3A), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) and have regard to any submissions made by the Information Commissioner because of that consultation.\n\n(4) Within 13 weeks after information is given in response to a requirement under subsection (1), the Secretary must decide which (if any) of the information is, or is likely to be, relevant to a matter referred to in subsection (1).\n\n(5) If the Secretary decides, within the 13 week period, that some or all of the information given in response to the requirement is not, or is not likely to be, relevant to a matter referred to in subsection (1), the Secretary must ensure that any record of the irrelevant information is destroyed.\n\n(6) If the Secretary has not made a decision under subsection (4) at the end of the 13 week period, the Secretary must ensure that any record of all or any part of the information is destroyed.\n\n196  Written notice of requirement\n\n(1) A requirement under this Division must be made by written notice given to the person of whom the requirement is made.\n\n(2) The notice:\n\n(a) may be given personally or by post or in any other manner approved by the Secretary; and\n\n(b) must specify:\n\n(ia) a description of the information or document to which the requirement relates; and\n\n(i) how the person is to give the information or produce the document to which the requirement relates; and\n\n(ii) the period within which the person is to give the information or produce the document to the Department; and\n\n(iii) the officer (if any) to whom the information is to be given or the document is to be produced; and\n\n(iv) that the notice is given under this section.\n\nNote: The notice may describe the information or documents by class (see subsection 33(3AB) of the Acts Interpretation Act 1901).\n\n(3) For the purposes of subparagraph (2)(b)(ii), the period must not end earlier than 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of the social security law, to specify a shorter period.\n\n(4) The notice may require the person to give the information by appearing before a specified officer to answer questions.\n\n(5) If the notice requires the person to appear before an officer, the notice must specify:\n\n(a) a time and place at which the person is to appear; and\n\n(b) that the person may be accompanied by a lawyer.\n\n(6) For the purposes of subsection (5), the time must be at least 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of the social security law, to specify an earlier time.\n\n197  Offence—failure to comply with requirement\n\n(1) A person must not refuse or fail to comply with a requirement under this Division to give information or produce a document.\n\nPenalty: Imprisonment for a term not exceeding 12 months.\n\n(2) Subsection (1) applies only to the extent to which the person is capable of complying with the requirement.\n\n(3) Subsection (1) does not apply if the person has a reasonable excuse.\n\n197A  Self‑incrimination\n\n(1) A person is not excused from giving information, or producing a document, under this Division on the ground that the information, or production of the document, might tend to incriminate the person or expose the person to a penalty.\n\n(2) However, in the case of an individual:\n\n(a) the information given or document produced; and\n\n(b) giving the information or producing the document; and\n\n(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;\n\nare not admissible in evidence against the individual in any criminal proceedings, other than:\n\n(d) proceedings for an offence against subsection 197(1); or\n\n(e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division; or\n\n(f) proceedings for an offence against Division 145 of the Criminal Code; or\n\n(g) proceedings for an offence against section 217 that relates:\n\n(i) to this Division; and\n\n(ii) to a contravention of subsection 212(1), 213(1), 214(1), 214(2) or 216(3).\n\n197B  Use of information in investigations etc.\n\nSubject to subsection 197A(2), nothing in this Division prevents information given, or a document produced, under this Division by a person from being used in:\n\n(a) an inquiry or investigation into a matter; or\n\n(b) criminal proceedings.\n\n198  Relationship with other laws\n\n(1) Nothing contained in a law of a State or a Territory operates to prevent a person from:\n\n(a) giving information; or\n\n(b) producing a document; or\n\n(c) giving evidence;\n\nthat the person is required to give or produce to the Department or an officer for the purposes of the social security law.\n\n(2) This Division does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).\n\nDivision 2—End‑of‑employment statements\n\n199  Request for end‑of‑employment statement\n\nIf a person’s employment (including employment under a contract for services) ceases, the person may request his or her former employer to give the person a statement, in accordance with a form approved by the Secretary, about that employment.\n\n200  Offence—failure to give end‑of‑employment statement\n\n(1) If a person makes a request under section 199, the former employer must comply with the request as soon as practicable.\n\nPenalty: Imprisonment for a term not exceeding 12 months.\n\n(2) Strict liability applies to the element of an offence against subsection (1) that a request is a request under section 199.\n\nDivision 3—Confidentiality\n\n201  Operation of Division\n\nPublishing reasons for ART decisions\n\n(1A) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:\n\n(a) a party to the review concerned (other than the Secretary); or\n\n(b) a person (other than the Secretary) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or\n\n(c) a witness in the review concerned.\n\n(1B) Without limiting subsection (1B), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:\n\n(a) the name, title, pseudonym or alias of the person; or\n\n(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or\n\n(c) the physical description or the style of dress of the person; or\n\n(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or\n\n(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or\n\n(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or\n\n(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;\n\nand the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.\n\n(2) The provisions of this Division that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.\n\n201A  Definitions\n\nIn this Division:\n\nofficer means:\n\n(a) a person who is or has been an officer within the meaning of subsection 23(1) of the 1991 Act; or\n\n(b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under the social security law; or\n\n(c) a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information concerning a person under the social security law.\n\ntaxation information means information (including protected information within the meaning of subsection 355‑30(1) in Schedule 1 to the Taxation Administration Act 1953 but not including a tax file number) that is held by a taxation officer.\n\ntaxation officer means the following:\n\n(a) a person who is a taxation officer within the meaning of subsection 355‑30(2) in Schedule 1 to the Taxation Administration Act 1953;\n\n(b) an entity covered by section 355‑15 in that Schedule.\n\n202  Permitted obtaining of, making a record of, disclosure of or use of protected information\n\n(1) A person may obtain protected information if the information is obtained for the purposes of:\n\n(a) the social security law; or\n\n(c) the Dental Benefits Act 2008; or\n\n(d) the Family Homelessness Prevention and Early Intervention Pilot; or\n\n(da) administering scholarships:\n\n(i) provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and\n\n(ii) specified by the Secretary under subsection (2DA) of this section for the purposes of this subparagraph; or\n\n(e) administering Commonwealth scholarships payable under Part 2‑4 of the Higher Education Support Act 2003; or\n\n(f) the Digital Switch‑over Household Assistance Program; or\n\n(g) the Business Services Wage Assessment Tool Payment Scheme Act 2015; or\n\n(h) the National Redress Scheme for Institutional Child Sexual Abuse Act 2018; or\n\n(i) the scheme known as the Territories Stolen Generations Redress Scheme.\n\nNote: For an example of obtaining protected information for the purposes of the social security law, see section 202A.\n\n(2) A person may:\n\n(a) make a record of protected information; or\n\n(b) disclose such information to any person; or\n\n(c) otherwise use such information;\n\nif the record, disclosure or use made of the information by the person is made:\n\n(d) for the purposes of the social security law or the Dental Benefits Act 2008; or\n\n(daa) for the purposes of the family assistance law; or\n\n(dab) for the purposes of the Paid Parental Leave Act 2010; or\n\n(dac) for the purposes of the Student Assistance Act 1973; or\n\n(dad) for the purposes of:\n\n(i) the Child Support (Assessment) Act 1989; or\n\n(ii) the Child Support (Registration and Collection) Act 1988; or\n\n(dae) for the purposes of a centrelink program; or\n\n(daf) for the purposes of a medicare program; or\n\n(da) for the purposes of the Family Homelessness Prevention and Early Intervention Pilot; or\n\n(daaa) for the purposes of the administration of scholarships:\n\n(i) provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and\n\n(ii) specified by the Secretary under subsection (2DA) of this section for the purposes of this subparagraph; or\n\n(db) for the purposes of the administration of Commonwealth scholarships payable under Part 2‑4 of the Higher Education Support Act 2003; or\n\n(dc) for the purposes of the Digital Switch‑over Household Assistance Program; or\n\n(dd) for the purposes of the Business Services Wage Assessment Tool Payment Scheme Act 2015; or\n\n(de) for the purposes of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018; or\n\n(df) for the purposes of the scheme known as the Territories Stolen Generations Redress Scheme; or\n\n(e) for the purpose for which the information was disclosed to the person under section 207 or 208 of this Act; or\n\n(f) with the express or implied authorisation of the person to whom the information relates.\n\nNote: For an example of a disclosure of, making a record of or the use of protected information for the purposes of the social security law, see section 202A.\n\n(2AA) A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.\n\n(2A) A person engaged (whether as an employee or otherwise) by a service organisation may:\n\n(a) obtain protected information; or\n\n(b) make a record of protected information; or\n\n(c) disclose protected information to another person; or\n\n(d) otherwise use protected information;\n\nif the person believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the purposes specified in subsection (2B).\n\n(2B) The purposes for which the person may obtain, record, disclose or use protected information are as follows:\n\n(a) facilitating access by a service recipient to a work‑related service provided by a service organisation;\n\n(b) facilitating efficient and effective delivery of a work‑related service by a service organisation;\n\n(c) facilitating efficient and effective performance of duties or exercise of functions relating to the provision of work‑related services by a service organisation;\n\n(d) facilitating efficient and effective administration by the Commonwealth of one or more of the matters mentioned in paragraphs (a), (b) or (c) (for example, payments to service organisations by the Commonwealth);\n\n(e) any other purpose determined by the Secretary under subsection (2E).\n\n(2C) A person may:\n\n(a) obtain protected information; or\n\n(b) make a record of protected information; or\n\n(c) disclose protected information to another person; or\n\n(d) otherwise use protected information;\n\nif the Secretary believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the following purposes:\n\n(e) research into matters of relevance to a Department that is administering any part of the social security law;\n\n(f) statistical analysis of matters of relevance to a Department that is administering any part of the social security law;\n\n(g) policy development.\n\n(2D) In this section:\n\nservice organisation means:\n\n(a) an Agency (within the meaning of the Public Service Act 1999); or\n\n(b) another authority of the Commonwealth; or\n\n(c) an organisation that performs services for the Commonwealth.\n\nservice recipient means a person:\n\n(a) who is receiving a social security payment, benefit or allowance; or\n\n(b) who has made a claim for a social security payment, benefit or allowance; or\n\n(c) who has contacted the Department about the receipt of, or an existing or future claim for, a social security payment, benefit or allowance; or\n\n(d) on whose behalf another person, with the person’s authority, has contacted the Department about any of the matters mentioned in paragraphs (a) to (c) relating to the person.\n\nwork‑related service means a service of the following kind:\n\n(a) assessment of the capacity to work of a service recipient;\n\n(b) assistance given to a service recipient with the purpose of preparing the service recipient to seek or undertake work;\n\n(c) placement of a service recipient in a position of employment;\n\n(d) a service of a kind determined by the Secretary under subsection (2E).\n\n(2DA) The Secretary may, by legislative instrument, specify a scholarship for the purposes of subparagraph (1)(da)(ii) or (2)(daaa)(ii).\n\n(2E) The Secretary may, by legislative instrument, determine either or both of the following:","sortOrder":1000046},{"sectionNumber":"full-source-retrieval-0048","sectionType":"document_chunk","heading":"Document excerpt 48","content":"(a) that a specified purpose that is related to a matter mentioned in paragraphs (2B)(a) to (d) is a purpose for which the person may obtain, record, disclose or use protected information under subsection (2A);\n\n(b) services of a specified kind are work‑related services for the purposes of this section.\n\n(3) The Minister may, by legislative instrument, specify additional purposes relating to other programs administered by the Department for which protected information may be obtained under subsection (1), or recorded, disclosed or otherwise used under subsection (2).\n\n(5) For the purposes of subsection 12(1) of the Legislation Act 2003, an instrument does not commence until the end of the period in which it could be disallowed in either House of the Parliament.\n\nEnrolment and attendance at school\n\n(6) If protected information relates to a matter covered by subsection (7), a person may do any of the following:\n\n(a) obtain the information;\n\n(b) make a record of the information;\n\n(c) disclose the information to a person responsible for the operation of the relevant school, or any other school;\n\n(d) otherwise use the information.\n\n(7) This subsection covers matters in relation to the following:\n\n(a) the enrolment, or non‑enrolment, of a child at a school;\n\n(b) a person whose child is, or is not, enrolled at a school;\n\n(c) the attendance, or non‑attendance, of a child at a school;\n\n(d) a person whose child is, or is not, attending a school;\n\n(e) a person’s compliance with a compliance notice given to the person.\n\n(8) If a person does something under subsection (6) for the purposes of Part 3C (schooling requirements), in subsection (6) or (7) of this section the following terms have the same meaning as in Part 3C (see section 124A):\n\n(a) attendance (at a school);\n\n(b) enrolment (at a school);\n\n(c) person responsible (for the operation of a school).\n\nBasicsCard bank accounts\n\n(8A) If protected information relates to the establishment or ongoing maintenance of a BasicsCard bank account (within the meaning of section 123SB), a person may do any of the following:\n\n(a) obtain the information;\n\n(b) make a record of the information;\n\n(c) disclose the information to a financial institution;\n\n(d) otherwise use the information.\n\nWelfare restricted bank accounts\n\n(9) If protected information relates to the establishment or ongoing maintenance of a welfare restricted bank account (within the meaning of section 124PD as in force immediately before the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences), a person may do any of the following:\n\n(a) obtain the information;\n\n(b) make a record of the information;\n\n(c) disclose the information to a financial institution;\n\n(d) otherwise use the information.\n\nNote: In addition to the requirements of this section, information disclosed under this section must be dealt with in accordance with the Australian Privacy Principles.\n\n202A  Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information\n\nDisclosure to taxation officers for matching against taxation information\n\n(1) A disclosure of protected information by an officer is made for the purposes of the social security law if:\n\n(a) the disclosure is to a taxation officer; and\n\n(b) the disclosure is for the purposes of a taxation officer matching that information against taxation information to facilitate the performance of functions, or the exercise of powers, under the social security law.\n\n(2) The obtaining of, making of a record of or the use of protected information by an officer is for the purposes of the social security law if the obtaining of, making of the record of or the use of the protected information is in connection with a disclosure referred to in subsection (1).\n\nAuthorised collection of personal information that is taxation information\n\n(3) The collection of personal information about a person is authorised by this Act for the purposes of the Privacy Act 1988 if:\n\n(a) the personal information is taxation information; and\n\n(b) the collection is from a taxation officer; and\n\n(c) the collection is for the purposes of the social security law.\n\nObtaining of taxation information\n\n(4) If an officer obtains personal information about a person in the circumstances referred to in subsection (3), then the officer has obtained the information under the social security law.\n\nInterpretation\n\n(5) This section does not limit section 202.\n\n203  Offence—unauthorised obtaining of protected information\n\n(1) If:\n\n(a) a person intentionally obtains information; and\n\n(b) the person is not authorised by or under the social security law to obtain the information; and\n\n(c) the person knows or ought reasonably to know that the information is protected information;\n\nthe person commits an offence.\n\n(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.\n\n(3) Strict liability applies to the element of an offence against subsection (1) that a person not authorised to do something is not authorised by or under the social security law to do that thing.\n\n204  Offence—unauthorised making a record of, disclosure of or use of protected information\n\n(1) If:\n\n(a) a person intentionally:\n\n(i) makes a record of; or\n\n(ii) discloses to any other person; or\n\n(iii) otherwise makes use of;\n\ninformation; and\n\n(b) the person is not authorised or required by or under the social security law or the family assistance law to make the record, disclosure or use of the information that is made by the person; and\n\n(c) the person knows or ought reasonably to know that the information is protected information;\n\nthe person commits an offence.\n\n(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.\n\n(3) Strict liability applies to the element of an offence against subsection (1) that a person not authorised or required to do something is not authorised or required by or under the social security law to do that thing.\n\n204A  Use of tax file numbers\n\n(1) The Secretary may require the Commissioner of Taxation to provide the Secretary with information about people, including tax file numbers, that was contained in TFN declarations lodged with the Commissioner under Division 3 of Part VA of the Income Tax Assessment Act 1936.\n\n(2) Information provided to the Secretary under a requirement made under subsection (1) may be used only for the following purposes:\n\n(a) to detect cases in which amounts of social security payments under the social security law have been paid when they should not have been paid;\n\n(b) to verify, in respect of persons who have made claims for social security payments under the social security law, the qualification of those persons for those payments;\n\n(ba) to verify, in respect of persons who have made claims under the social security law for seniors health cards, or health care cards that are income‑tested for those persons, the qualification of those persons for those cards;\n\n(c) to establish whether the rates at which social security payments under the social security law are being, or have been, paid are, or were, correct.\n\n205  Offence—soliciting disclosure of protected information\n\n(1) If:\n\n(a) a person (the first person) solicits the disclosure of protected information from an officer or another person; and\n\n(b) the disclosure would be in contravention of this Division; and\n\n(c) the first person knows or ought reasonably to know that the information is protected information;\n\nthe first person commits an offence, whether or not any protected information is actually disclosed.\n\n(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.\n\n(3) Strict liability applies to the element of an offence against subsection (1) that a contravention is a contravention of this Division.\n\n206  Offence—offering to supply protected information\n\n(1) A person who offers to supply (whether to a particular person or otherwise) information about another person, knowing the information to be protected information, commits an offence.\n\n(2) A person who holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person, knowing the information to be protected information, commits an offence.\n\n(3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not exceeding 2 years.\n\n(4) Nothing in subsection (1) or (2) has the effect that an officer acting in the performance or exercise of his or her duties, functions or powers under the social security law commits an offence.\n\n207  Protection of certain documents etc. from production to court etc.\n\nAn officer must not, except for the purposes of the social security law or the Royal Commissions Act 1902, be required:\n\n(a) to produce any document in his or her possession; or\n\n(b) to disclose any matter or thing of which he or she had notice;\n\nbecause of the performance or exercise of his or her duties, functions or powers under the social security law to:\n\n(c) a court; or\n\n(d) a tribunal; or\n\n(e) an authority; or\n\n(f) a person;\n\nhaving power to require the production of documents or the answering of questions.\n\n208  Disclosure of information by Secretary\n\n(1) Despite sections 204 and 207, the Secretary may:\n\n(a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under the social security law to such persons and for such purposes as the Secretary determines; or\n\n(b) disclose any such information:\n\n(i) to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or\n\n(ii) to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or\n\n(iii) to a competent authority or competent institution of a foreign country that is a party to a scheduled international social security agreement for any purpose relating to giving effect to that agreement.\n\n(2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 209.\n\n(3) In disclosing information under subparagraph (1)(b)(i), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 209.\n\n(3A) In spite of any other provision of this Part, the Secretary may disclose information of a kind referred to in paragraph (a) or (b) of the definition of protected information in subsection 23(1) of the 1991 Act to a person who is the payment nominee or correspondence nominee, within the meaning of Part 3A, of the person to whom the information relates (the principal) as if the nominee were the principal.\n\n(4) If an expression used in subsection (1) in relation to a foreign country is defined in a scheduled international social security agreement to which that country is a party, the expression has the same meaning, when used in this section, in relation to that country as it has in the agreement.\n\n(5) If:\n\n(a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and\n\n(b) in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information;\n\nthen, despite sections 204 and 207 of this Act, the Secretary or officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.\n\n209  Guidelines for exercise of Secretary’s disclosure powers\n\nThe Minister may, by legislative instrument, make guidelines for the exercise of either or both of the following:\n\n(a) the Secretary’s power to give certificates for the purposes of paragraph 208(1)(a);\n\n(b) the Secretary’s power under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i).\n\n210  Officer’s declaration\n\nAn officer must make a declaration in a form approved by the Minister or the Secretary if required to do so by the Minister or the Secretary.\n\nPart 6—Offences\n\nDivision 1—Preliminary\n\n211  Application of Part\n\nThis Part extends to:\n\n(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and\n\n(b) all persons, irrespective of their nationality, who are making, or have made, a claim for a social security payment under the social security law; and\n\n(c) all persons, irrespective of their nationality, who are receiving, or have received, a payment of a social security payment under the social security law.\n\nDivision 2—Offences\n\n212  False statement in connection with claim or hardship request\n\n(1) A person contravenes this subsection if:\n\n(a) the person makes a statement; and\n\n(b) the statement is false or misleading; and\n\n(c) the person is reckless as to whether the statement is false or misleading; and\n\n(d) the statement is made in connection with, or in support of, the person’s or any other person’s:\n\n(i) claim for a social security payment under the social security law; or\n\n(ii) request under paragraph 1129(1)(d) of the 1991 Act that section 1129 of that Act apply to the person; or\n\n(iii) request under paragraph 1131(1)(f) of the 1991 Act that section 1131 of that Act apply to the person.\n\n(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:\n\n(a) the element that a payment is a social security payment under the social security law;\n\n(b) the element that a request is a request under paragraph 1129(1)(d) of the 1991 Act;\n\n(c) the element that a request is a request under paragraph 1131(1)(f) of the 1991 Act;\n\n213  False statement to deceive or affect rates\n\n(1) A person contravenes this subsection if:\n\n(a) the person makes a statement; and\n\n(b) the statement is false or misleading; and\n\n(c) the person is reckless as to whether the statement is false or misleading; and\n\n(d) the person is reckless as to whether the statement:\n\n(i) deceives, or might deceive, an officer doing duty in relation to the social security law; or\n\n(ia) deceives, or might deceive, the Human Services Department; or\n\n(ii) affects, or might affect, the rate of a social security payment under the social security law.\n\n(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:\n\n(a) the element that a duty is a duty in relation to the social security law;\n\n(b) the element that a rate of payment is a rate of social security payment under the social security law.\n\n214  False statement or document\n\n(1) A person contravenes this subsection if:\n\n(a) the person makes a statement to an officer or the Human Services Department; and\n\n(b) the statement is false or misleading in any particular; and\n\n(c) the person is reckless as to whether the statement is false or misleading in any particular.\n\n(2) A person contravenes this subsection if:\n\n(a) the person presents a document to an officer or the Human Services Department; and\n\n(b) the document is false or misleading in any particular; and\n\n(c) the person is reckless as to whether the document is false or misleading in any particular.\n\n215  Obtaining payment that is not payable\n\n(1) A person must not obtain:\n\n(a) payment of a social security payment under the social security law; or\n\n(b) payment of an instalment of a social security payment under the social security law;\n\nknowing that the payment is:\n\n(c) not payable at all; or\n\n(d) only payable in part.\n\n(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:\n\n(a) the element that a payment is a social security payment under the social security law;\n\n(b) the element that an instalment is an instalment of a social security payment under the social security law.\n\n216  Payment obtained through fraud etc.\n\n(1) A person contravenes this subsection if:\n\n(a) the person obtains:\n\n(i) payment of a social security payment under the social security law; or\n\n(ii) payment of an instalment of a social security payment under the social security law; and\n\n(b) the person does so:\n\n(i) by means of impersonation; or\n\n(ii) by means of a fraudulent device.\n\n(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:\n\n(a) the element that a payment is a social security payment under the social security law;\n\n(b) the element that an instalment is an instalment of a social security payment under the social security law.\n\n(3) A person contravenes this subsection if:\n\n(a) the person makes a statement; and\n\n(b) the statement is false or misleading; and\n\n(c) the person is reckless as to whether the statement is false or misleading; and\n\n(d) as a result the person obtains:\n\n(i) payment of a social security payment under the social security law; or\n\n(ii) payment of an instalment of a social security payment under the social security law.\n\n(4) For the purposes of an offence against section 217 that relates to subsection (3) of this section, strict liability applies to the following elements of the offence:\n\n(a) the element that a payment is a social security payment under the social security law;","sortOrder":1000047},{"sectionNumber":"full-source-retrieval-0049","sectionType":"document_chunk","heading":"Document excerpt 49","content":"(b) the element that an instalment is an instalment of a social security payment under the social security law.\n\nDivision 3—Penalties\n\n217  Penalty for contravention of Division 2\n\nA person who contravenes a provision of Division 2 commits an offence punishable on conviction by imprisonment for a term not exceeding 12 months.\n\n218  Repayment of social security payment\n\n(1) If a person is convicted of an offence against section 217, the court may:\n\n(a) impose a penalty in respect of the offence; and\n\n(b) order the person to pay the Commonwealth an amount equal to any amount paid by way of social security payment because of the act, failure or omission that constituted the offence.\n\n(2) In spite of anything in the social security law or any other law, a person is not to be imprisoned for failing to pay an amount payable to the Commonwealth under paragraph (1)(b).\n\n219  Penalty where person convicted of more than one offence\n\n(1) Subject to subsection (2), if a person is convicted of more than one offence against section 217, the court may, if it thinks fit, impose one penalty for all the offences.\n\n(2) A single penalty imposed under subsection (1) must not exceed the sum of the maximum penalties that could be imposed if a separate penalty were imposed for each offence.\n\nDivision 4—Procedural matters\n\n220  Joining of charges\n\nCharges against the same person for a number of offences against section 217 may be joined in one complaint, information or declaration if those charges:\n\n(a) are founded on the same facts; or\n\n(b) form a series of offences of the same or a similar character; or\n\n(c) are part of a series of offences of the same or a similar character.\n\n221  Particulars of each offence\n\nIf 2 or more charges are included in the same complaint, information or declaration, particulars of each offence charged are to be set out in a separate paragraph.\n\n222  Trial of joined charges\n\nIf charges are joined, the charges are to be tried together unless:\n\n(a) the court considers it just that any charge should be tried separately; and\n\n(b) the court makes an order to that effect.\n\n223  Evidentiary effect of Secretary’s certificate\n\n(1) For the purposes of paragraph 218(1)(b), a certificate signed by the Secretary is prima facie evidence of the matters specified in the certificate.\n\n(2) Without limiting subsection (1), a certificate may specify:\n\n(a) a person; and\n\n(b) an amount that has been paid to the person by way of social security payment because of:\n\n(i) an act; or\n\n(ii) a failure; or\n\n(iii) an omission; and\n\n(c) the act, failure or omission that caused the amount to be paid.\n\n224  Enforcement of court certificate as judgment\n\nIf:\n\n(a) a court makes an order under paragraph 218(1)(b), under paragraph 1351(1)(b) of the 1991 Act as in force before 20 March 2000 or under subsection 239(7) of the 1947 Act; and\n\n(b) the clerk or other appropriate officer of the court gives a certificate specifying:\n\n(i) the amount ordered to be paid to the Commonwealth; and\n\n(ii) the person by whom the amount is to be paid; and\n\n(c) the certificate is filed in a court (which may be the court that made the order) that has civil jurisdiction to the extent of the amount to be paid;\n\nthe certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.\n\nDivision 5—Liability of certain employers and principals for offences\n\nSubdivision A—Interpretation\n\n225  State of mind of a person\n\nA reference in this Division to the state of mind of a person includes a reference to:\n\n(a) the knowledge, intention, opinion, belief or purpose of the person; and\n\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n\n228  Offence\n\nA reference in this Division to an offence against the social security law includes a reference to:\n\n(a) an offence against the social security law that is taken to have been committed because of section 11.2 or 11.2A of the Criminal Code; or\n\n(b) an offence created by:\n\n(i) section 11.1, 11.4 or 11.5 of the Criminal Code; or\n\n(ii) section 6 of the Crimes Act 1914;\n\nthat relates to the social security law.\n\nSubdivision C—Proceedings against non‑corporations\n\n231  State of mind of individual\n\nIf, in proceedings for an offence against the social security law in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:\n\n(a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n\n(b) the employee or agent had that state of mind.\n\n232  Conduct of employee or agent\n\nIf:\n\n(a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and\n\n(b) the conduct is within the scope of the employee’s actual or apparent authority;\n\nthe conduct is taken, for the purposes of a prosecution for an offence against the social security law, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions, and exercised due diligence, to avoid the conduct.\n\n233  Exclusion of imprisonment as penalty for certain offences\n\nIn spite of any other provision of the social security law, if:\n\n(a) a person is convicted of an offence; and\n\n(b) the person would not have been convicted if sections 231 and 232 had not been in force;\n\nthe person is not liable to be punished by imprisonment for that offence.\n\nPart 7—Miscellaneous\n\n234  Delegation\n\n(1) Subject to subsection (3), the Secretary may, in writing, delegate to an officer all or any of the powers of the Secretary under the social security law.\n\n(2) Subject to subsection (3), the Secretary may, in writing, delegate to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) all or any of the powers of the Secretary under the social security law.\n\n(3) The Secretary cannot delegate to anyone except the Chief Executive Centrelink the Secretary’s power under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i).\n\n(4) If the Secretary delegates to the Chief Executive Centrelink the Secretary’s power under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i), the Chief Executive Centrelink cannot, in spite of any provision to the contrary in the Human Services (Centrelink) Act 1997, delegate the power to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997).\n\n(7) Without limiting the operation of the definition of officer in subsection 23(1) of the 1991 Act, in this section officer includes a person engaged (whether as an employee or otherwise) by:\n\n(a) an Agency (within the meaning of the Public Service Act 1999); or\n\n(b) another authority of the Commonwealth; or\n\n(c) an organisation that performs services for the Commonwealth;\n\nbut does not include the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997).\n\n235  Authorised review officers\n\nThe Secretary may, in writing, authorise an officer to perform duties as an authorised review officer for the purposes of the social security law.\n\n236  Decisions to be in writing\n\n(1) A decision of an officer under the social security law must be in writing.\n\n(2) A decision under the social security law is taken to be in writing if it is made, or recorded, by means of a computer.\n\n237  Notice of decisions\n\n(1) If notice of a decision under the social security law is:\n\n(a) delivered to a person personally; or\n\n(b) left at the address of the place of residence or business of the person last known to the Secretary; or\n\n(c) sent by prepaid post to the postal address of the person last known to the Secretary;\n\nnotice of the decision is taken, for the purposes of the social security law, to have been given to the person.\n\n(2) Notice of a decision under the social security law may be given to a person by properly addressing, prepaying and posting the document as a letter.\n\n(3) If notice of a decision is given in accordance with subsection (2), notice of the decision is taken to have been given to the person at the time at which the notice would be delivered in the ordinary course of the post unless the contrary is proved.\n\n(4) This section only applies to notices of decisions, and nothing in this section affects the operation of sections 28A and 29 of the Acts Interpretation Act 1901 in relation to other notices under the social security law (for example, a notice that requires a person to inform the Department about some matter or a notice that requires a person to give the Secretary a statement about some matter).\n\n238  Payments to Commissioner of Taxation or the Child Support Registrar\n\n(1) The Secretary must, in accordance with section 218 of the Income Tax Assessment Act 1936, or Subdivision 260‑A in Schedule 1 to the Taxation Administration Act 1953, for the purpose of enabling the collection of an amount that is, or may become, payable by a recipient of a social security payment:\n\n(a) make deductions from the instalments of, or make a deduction from, the social security payment payable to a person; and\n\n(b) pay the amount deducted to the Commissioner of Taxation.\n\n(1A) Subsection (1) does not apply to a social security payment that is a payment of an essential medical equipment payment.\n\n(1B) Subsection (1) does not apply to a social security payment that is a student start‑up loan.\n\n(2) The Secretary must, in accordance with a notice given to the Secretary under section 72AA of the Child Support (Registration and Collection) Act 1988 in relation to the recipient of a social security pension or a social security benefit:\n\n(a) make deductions from the instalments of the pension or benefit payable to the person; and\n\n(b) pay the amounts deducted to the Registrar.\n\n239  Judicial notice of certain matters\n\n(1) All courts are to take judicial notice of a signature that purports to be attached or appended to any official document if the signature is of a person who:\n\n(a) holds or has held the office of:\n\n(i) Secretary; or\n\n(ii) Director‑General of Social Security; or\n\n(iii) Director‑General of Social Services; or\n\n(b) is or has been an officer.\n\n(2) If the signature of a person referred to in subsection (1) purports to be attached or appended to any official document, all courts are to take judicial notice of the fact that the person holds, or has held, an office referred to in subsection (1) or is, or has been, an officer.\n\n240  Documentary evidence\n\n(1) If the signature of any person who:\n\n(a) holds or has held the office of:\n\n(i) Secretary; or\n\n(ii) Director‑General of Social Security; or\n\n(iii) Director‑General of Social Services; or\n\n(b) is or has been an officer;\n\npurports to be attached or appended to any official document, the document is to be received in all courts as prima facie evidence of the facts and statements contained in it.\n\n(2) A statement in writing signed by a person referred to in subsection (1) that a person is or was receiving a social security payment under the social security law or the 1947 Act on a certain date at a certain rate is to be received in all courts as prima facie evidence that the person is or was receiving the social security payment on the date, and at the rate, stated.\n\n(3) A certificate given by the Secretary stating:\n\n(a) that a specified amount was the principal sum at a particular time under a specified financial supplement contract; or\n\n(b) that a specified amount was the sum of the amounts repaid, or the sum of the amounts notionally repaid, before a particular time or during a particular period in respect of a specified financial supplement contract; or\n\n(c) that a specified amount was the amount, or the total of the amounts, of subsidy paid by the Commonwealth to a specified participating corporation in respect of a specified financial supplement contract in lieu of interest on the principal sum or in lieu of interest on the principal sum in relation to a specified period; or\n\n(d) that a specified amount was, at a particular time, the amount outstanding under a specified financial supplement contract; or\n\n(e) that a specified amount was, at a particular time, the indexation amount in relation to a specified financial supplement contract; or\n\n(f) that the rights, or specified rights, of a specified participating corporation in respect of a specified person under a specified financial supplement contract were transferred by the corporation to the Commonwealth on a specified date; or\n\n(g) that, on a specified day, a person had an FS debt or FS debts to the Commonwealth of a specified amount or specified amounts; or\n\n(h) that, on a specified day, a notice, to a specified effect, under a provision of Chapter 2B was given to a specified person by the Secretary;\n\nis to be received in all courts as prima facie evidence of the matters stated in the certificate.\n\n(4) In any proceeding, a document purporting to be a certificate by the Secretary under subsection (3) is to be taken, unless the contrary is established, to be such a certificate and to have been duly given.\n\n240A  Form of cards\n\n(1) A pensioner concession card, a seniors health card or a health care card must be in a form approved in writing by the Secretary for that card.\n\n(2) Subject to subsection (3), an approval under subsection (1) may extend to:\n\n(a) the inclusion on a card of information in a form not capable of being read except by the use of equipment of a particular kind; and\n\n(b) the specification in a card of a day as the day at the end of which the card will expire; and\n\n(c) a form of card that is not an actual card carrying visible information.\n\n(3) In the case of a concession card other than an automatic issue card or a card issued under subsection 1061ZJA(3), (4) or (5) of the 1991 Act:\n\n(a) the card must specify the day at the end of which the card expires; and\n\n(b) the day to be so specified is the last day of the period specified, for the purposes of subsection 37(9) or (10), in the determination granting the card.\n\n(4) Subject to section 240B, a concession card is to include the name of each person (if any) who is a dependant of the holder of the card.\n\n(5) The specification of a day in a card under paragraph (2)(b) does not affect the qualification of the person to whom the card is issued for a card of the same or any other type.\n\n(6) The expiry of a card on a day specified under paragraph (2)(b) does not affect the qualification of the person to whom the card was issued for a card of the same or any other type.\n\n(7) A failure to comply with subsection (4) in relation to a concession card does not alone render the card ineffective for the purposes of this or any other Act.\n\n(8) In this section:\n\ndependant has the same meaning as in Part 2A.1 of the 1991 Act.\n\n240B  Restrictions on listing of dependants\n\n(1) A seniors health card is not to include the name of any person as a dependant of the holder of the card.\n\n(2) A health care card issued to a person by virtue of subsection 1061ZK(7) or 1061ZO(9) of the 1991 Act is not to include the name of any person as a dependant of the holder of the card.\n\n(3) A health care card is not to include the name of a person (other than the partner of the holder of the card) as a dependant of the holder of the card if the person is the holder of a pensioner concession card or a health care card.\n\n(4) A pensioner concession card or a health care card is not to include the name of the partner of the holder of the card as a dependant of the holder of the card unless:\n\n(a) the partner is in Australia and is:\n\n(i) an Australian resident; or\n\n(ia) is a special category visa holder residing in Australia; or\n\n(ii) the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or\n\n(iii) a person declared by the Minister to be a person to whom this subparagraph applies; or\n\n(b) the partner is a New Zealand citizen and the holder of the card:\n\n(i) is in Australia; and\n\n(ii) is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.\n\n(4A) The Minister may, by legislative instrument, determine a class of visas for the purposes of paragraph (4)(a).\n\n(5) The Minister may, by legislative instrument, declare that a person who:\n\n(a) is included in a specified class of persons; and\n\n(b) is, or has been, in Australia in specified circumstances;\n\nis a person to whom subparagraph (4)(a)(iii) applies.\n\n(6) The circumstances that may be specified in a declaration under subsection (5) include circumstances that existed or exist at any time before or after the making of the declaration.\n\n(8) In this section:\n\ndependant has the same meaning as in Part 2A.1 of the 1991 Act.\n\n240C  Issue of replacement card on expiry of certain concession cards\n\n(1) If:\n\n(a) a day is specified in an automatic issue card, or in a card issued under subsection 1061ZJA(3), (4) or (5) of the 1991 Act, under paragraph 240A(2)(b) of this Act; and\n\n(b) on the day following that day, the person who was the holder of the card remains qualified for the card; and\n\n(c) a further card has not been issued to the person under subsection (2);\n\nthe Secretary must issue a further card to the person.\n\n(2) If:\n\n(a) a day (the expiry day) is specified in an automatic issue card, or in a card issued under subsection 1061ZJA(3), (4) or (5) of the 1991 Act, under paragraph 240A(2)(b) of this Act; and\n\n(b) the Secretary is satisfied that the person is likely to remain qualified for the card after the end of the expiry day;\n\nthe Secretary may, at any time before the expiry day, issue to the person a further card to take effect on the day following the expiry day.\n\n241  Annual report","sortOrder":1000048},{"sectionNumber":"full-source-retrieval-0050","sectionType":"document_chunk","heading":"Document excerpt 50","content":"(1) As soon as practicable after 30 June in each year, the Secretary must give to the Minister a written report on the administrative operation of the social security law during the financial year that ended on that 30 June.\n\n(2) The Minister is to cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.\n\n242  Appropriation\n\n(1) Payments under the social security law and payments by the Commonwealth to financial corporations under the Student Financial Supplement Scheme established under Chapter 2B of the 1991 Act are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n(2) However, subsection (1) does not apply to a payment of an amount under an arrangement or grant referred to in section 1062A of the 1991 Act.\n\nNote: Such a payment is to be made out of money appropriated by the Parliament by another Act, which will usually be an Annual Appropriation Act.\n\n243  Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n(a) required or permitted by this Act or the 1991 Act to be prescribed; or\n\n(b) necessary or convenient for carrying out or giving effect to this Act or the 1991 Act and, in particular, may make regulations prescribing penalties of a fine not exceeding 10 penalty units for any breach of the regulations.\n\n(2) Without limiting subsection (1), the matters that may be prescribed by regulations include:\n\n(a) ways (other than ways involving the use of a document) in which a claim, application, submission, declaration or determination may be made or withdrawn, or information or a notice, statement, certificate, direction or consent may be given, for the purposes of a provision of the social security law; and\n\n(b) matters relating to the doing of anything in a way referred to in paragraph (a), including matters relating to proof of the doing of things in such a way.\n\n(3) The reference in subsection (2) to ways by which something may be made, withdrawn or given includes, but is not limited to:\n\n(a) the use of electronic equipment; and\n\n(b) ways that involve the use of a telecommunications system.\n\n(4) Anything made, withdrawn or given in a way prescribed by regulations made by virtue of subsection (2) is taken, for the purposes of the social security law:\n\n(a) to have been made, withdrawn or given in writing; and\n\n(b) to have been made, withdrawn or given in accordance with the social security law.\n\n(5) The reference in paragraph (2)(a) to a determination does not include a reference to a determination that is an instrument that is a legislative instrument.\n\n243AA  Review by Parliamentary Joint Committee on Human Rights\n\n(1) The Parliamentary Joint Committee on Human Rights must conduct reviews under this section and report the Committee’s findings of each review to both Houses of the Parliament.\n\nRequirements for review\n\n(2) A review under this section must examine Part 3AA and Part 3B, so far as they relate to compulsory enhanced income management or compulsory income management, for compatibility with human rights.\n\nFirst review\n\n(3) The first review under this section must be completed within 12 months after this section commences.\n\nSubsequent reviews\n\n(4) Each subsequent review under this section must be completed within 3 years after the completion of the previous review.\n\nWhen review is completed\n\n(5) For the purposes of this section, a review is completed when the Committee’s findings of the review have been tabled in both Houses of the Parliament.\n\n(6) In this section:\n\ncompulsory enhanced income management means the enhanced income management regime set out in Subdivisions A to F and H of Division 2, and Subdivisions A to B of Division 3, of Part 3AA.\n\ncompulsory income management means the income management regime set out in sections 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF and 123UFAA, and Subdivisions BA, BB and C of Division 2, and Subdivisions B to DAA of Division 5, of Part 3B.\n\nhuman rights has the same meaning as in the Human Rights (Parliamentary Scrutiny) Act 2011.\n\n243A  Review of operation of Youth Jobs PaTH program\n\n(1) Before the end of the period of 2 years after the commencement of Schedule 2 to the Social Security Legislation Amendment (Youth Jobs Path: Prepare, Trial, Hire) Act 2017, the Employment Minister must cause to be conducted a review into the operation of the program established by the Commonwealth and known as “Youth Jobs PaTH”.\n\n(2) The Employment Minister must cause to be prepared a report of a review under subsection (1).\n\n(3) The Employment Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.\n\n(4) In this section:\n\nEmployment Minister means the Minister administering the Fair Entitlements Guarantee Act 2012.\n\n243B  Review by Senate Committee\n\nThe Senate Community Affairs References Committee, or such other committee constituted under a resolution of the Senate, must:\n\n(a) begin a review of each legislative instrument made by the Minister for the purposes of Part 3AA or Part 3B within 3 months after the day the instrument is tabled in the Senate; and\n\n(b) report the Committee’s findings to the Senate as soon as practicable after completing each review.\n\nPart 8—Transitional and saving provisions\n\n244  Construction of references to 1991 Act\n\nA reference in:\n\n(a) a provision of a law of the Commonwealth or a Territory enacted before 20 March 2000 (whether or not the provision has come into operation); or\n\n(b) an instrument or a document;\n\nto a provision of the 1991 Act that has been repealed by the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 is, on and after 20 March 2000, to be construed as a reference to the corresponding provision of this Act.\n\n245  Correspondence of provisions\n\n(1) If one provision of the 1991 Act and one provision of this Act have the same legal effect, the 2 provisions correspond to each other.\n\n(2) If:\n\n(a) a provision of the 1991 Act has a particular legal effect in relation to a number of payment types; and\n\n(b) a provision of this Act has that legal effect in relation to one or more, but not all, of those payment types;\n\nthe provisions correspond to each other, for the purpose of subsection (1), in relation to the payment types referred to in paragraph (b).\n\n(3) In this section:\n\nlegal effect includes conferring the power to issue an instrument.\n\npayment type means a pension, benefit or allowance.\n\n246  Saving of social security payments and concession cards\n\n(1) If a determination under the 1991 Act granting a claim for a social security payment or concession card is in force immediately before 20 March 2000, the determination has effect, on and from 20 March 2000, as if it were a determination under this Act granting a claim for the payment or card.\n\n(2) If a determination under the 1991 Act directing the making of a payment of a social security payment is in force immediately before 20 March 2000, the determination has effect, on and from 20 March 2000, as if it were a determination under this Act directing the making of a payment of the social security payment.\n\n247  Saving of instruments under 1991 Act\n\n(1) An instrument that was in force, immediately before 20 March 2000, under a provision of the 1991 Act that is amended or repealed by the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 has effect, on and from 20 March 2000, as if it were an instrument made under the corresponding provision of this Act.\n\n(2) Without limiting subsection (1), the instrument may be:\n\n(a) a determination; or\n\n(b) a direction; or\n\n(c) an approval; or\n\n(d) a notice; or\n\n(e) a declaration; or\n\n(f) an authorisation.\n\n(3) Subsection (1) does not apply to:\n\n(a) a determination to which section 246 applies; or\n\n(b) a delegation under section 1299 of the 1991 Act.\n\n(4) If an instrument to which subsection (1) applies was, when made, to have effect only for a limited period, the instrument has effect under subsection (1) only for so much of the period as had not already expired before 20 March 2000.\n\n248  Saving of claims for social security payments and concession cards\n\n(1) If:\n\n(a) a person has lodged a claim for a social security payment or a concession card under the 1991 Act before 20 March 2000; and\n\n(b) the claim has not been determined before 20 March 2000;\n\nthe claim has effect, on and from 20 March 2000, as if it were a claim under this Act for the payment or card.\n\n(2) If:\n\n(a) subsection (1) applies to a claim; and\n\n(b) the claim is granted under this Act;\n\nthe determination granting the claim may have a date of effect before 20 March 2000.\n\n(3) If:\n\n(a) subsection (1) applies to a claim; and\n\n(b) the claim is granted under this Act; and\n\n(c) the determination granting the claim has a date of effect before 20 March 2000;\n\nthe payment of instalments during the period that starts on the date of effect of the determination and ends on 19 March 2000 is taken to be made under this Act and the person making the claim has no rights under the 1991 Act arising from the claim.\n\n249  Transitional instalment period\n\nIf:\n\n(a) an instalment period relating to an instalment of a social security payment payable to a person under the 1991 Act commenced before 20 March 2000; and\n\n(b) the instalment period would have ended after 20 March 2000;\n\nthis Act has effect in relation to that period and that instalment as if:\n\n(c) this Act had been in force throughout the whole of the instalment period; and\n\n(d) the instalment period had been a period determined under subsection 43(1) of this Act.\n\n250  Application for amount owing at recipient's death\n\nIf:\n\n(a) before 20 March 2000, a person made an application under a provision of the 1991 Act that relates to the payment of a social security payment after a person has died; and\n\n(b) the application was not determined before 20 March 2000;\n\nthen:\n\n(c) the application has effect, on and from 20 March 2000, as if it had been made under the corresponding provision of this Act and:\n\n(d) this Act has effect as if the amount in respect of which the application was made were an amount payable under this Act; and\n\n(e) the application has no effect for the purposes of the 1991 Act.\n\n251  Power to obtain information about events etc. before 20 March 2000\n\nIf a provision of this Act gives the Secretary power to request a person to give information or produce a document, the power extends to requesting a person:\n\n(a) to give information about matters that arose before 20 March 2000; or\n\n(b) to produce a document that came into existence, or relates to matters that arose, before 20 March 2000.\n\n252  Unfinished reviews by Secretary\n\n(1) If:\n\n(a) a person made an application under section 1240 of the 1991 Act before 20 March 2000; and\n\n(b) the application was not determined before 20 March 2000;\n\nthe application has effect, from 20 March 2000, as if it were an application under section 129 of this Act.\n\n(2) The date of effect of the decision made in response to the application may be before 20 March 2000.\n\n(3) If:\n\n(a) subsection (1) applies to an application; and\n\n(b) the date of effect of the decision made in response to the application is before 20 March 2000;\n\nthe decision has effect, for the period that starts on the date of effect of the decision and ends on 19 March 2000, as if it were a decision made under the 1991 Act.\n\n255  Saving of steps in review process\n\nIf:\n\n(a) a person made an application under section 1240, 1247 or 1283 of the 1991 Act before 20 March 2000; and\n\n(b) the application was not determined before 20 March 2000;\n\nanything done under, or for the purposes of, a provision of the 1991 Act before 20 March 2000 has effect, on and after that date, as if it had been done under, or for the purposes of, the corresponding provision of this Act.\n\n256  Entitlements and liabilities\n\n(1) Subsection (2) applies to an amount that:\n\n(a) would have been payable on or after 20 March 2000; and\n\n(b) represents an entitlement that arose before 20 March 2000 under a provision of the 1991 Act as in force before that date.\n\n(2) For the purposes of section 242, an amount to which this subsection applies is taken to be payable, on and after 20 March 2000, under the social security law.\n\n(3) A debt due under the 1991 Act before 20 March 2000 and remaining unpaid on that date is taken to be a debt due under the social security law.\n\n257  Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters in relation to any transitional matters (including prescribing any saving or application provisions) arising out of the enactment of this Act.\n\n(2) Without limiting subsection (1), and in spite of any other provision of this or any other Act, regulations made by virtue of subsection (1) may:\n\n(a) modify the effect of a provision of this Part (other than this section); or\n\n(b) substitute another provision for any provision of this Part (other than this section); or\n\n(c) add a provision to this Part (other than this section).\n\nSchedule 1—Dictionary\n\nNote: See section 3.\n\n1  Definitions\n\n(1) In this Act:\n\n1991 Act means the Social Security Act 1991.\n\nactivity supplement has the meaning given by the Farm Household Support Act 2014.\n\nAgriculture Department means the Department administered by the Agriculture Minister.\n\nAgriculture Minister means the Minister administering the Farm Household Support Act 2014.\n\nalcoholic beverage means a beverage that contains more than 1.15% by volume of ethyl alcohol.\n\nART means the Administrative Review Tribunal.\n\nART Act means the Administrative Review Tribunal Act 2024.\n\nART Principal Registrar means the Chief Executive Officer and Principal Registrar of the ART.\n\nART review has the meaning given by section 142.\n\nattendance, at a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.\n\nattendance notice has the meaning given by section 124K.\n\nauthorised review officer means an officer authorised under section 235 to perform duties as an authorised review officer for the purposes of the social security law.\n\ncompliance notice has the meaning given by section 124ND.\n\nconnection failure has the meaning given by subsection 42E(1).\n\nCSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\nDigital Switch‑over Household Assistance Program means the program that:\n\n(a) is administered by the Commonwealth; and\n\n(b) involves the provision and/or installation of any or all of the following:\n\n(i) set‑top boxes;\n\n(ii) cables;\n\n(iii) antennas;\n\nfor the purposes of enabling the members of certain households to view television programs transmitted in digital mode (within the meaning of Schedule 4 to the Broadcasting Services Act 1992).\n\nemployment pathway plan decision: see section 140A.\n\nemployment pathway plan matters has the meaning given by section 40F.\n\nenrolment, at a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.\n\nenrolment notice has the meaning given by section 124F.\n\nfarm financial assessment supplement has the meaning given by the Farm Household Support Act 2014.\n\nfarm household allowance has the meaning given by the Farm Household Support Act 2014.\n\nFHA supplement has the meaning given by the Farm Household Support Act 2014.\n\nfurther reconnection requirement has the meaning given by section 42J.\n\ngambling means a service provided to a person in the capacity of a customer of a gambling service (within the meaning of the Interactive Gambling Act 2001).\n\ngoods has the same meaning as in the Competition and Consumer Act 2010.\n\nguidance and appeals panel has the same meaning as in the ART Act.\n\nguidance and appeals panel proceeding has the same meaning as in the ART Act.\n\nmutual obligation failure has the meaning given by section 42AC.\n\nnon‑attendance failure has the meaning given by subsection 42SC(1).\n\nno show no pay failure has the meaning given by subsection 42C(1).\n\nparticipation payment is any of the following payments that are paid to a person:\n\n(a) jobseeker payment;\n\n(b) if the person is neither undertaking full‑time study (see section 541B of the 1991 Act) nor is a new apprentice—youth allowance;\n\n(c) if the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies—parenting payment;\n\n(d) if the person is a nominated visa holder—special benefit.\n\npayment suspension period has the meaning given by subsection 42AL(1).\n\npenalty amount for a person for a no show no pay failure, a reconnection failure or a non‑attendance failure means the amount worked out for the person in accordance with the legislative instrument made under section 42T.\n\nperson responsible, for the operation of a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.\n\npost‑cancellation non‑payment period has the meaning given by subsection 42AP(5).\n\nproof of life certificate has the meaning given by section 63A.\n\nreconnection failure has the meaning given by subsection 42H(1).\n\nreconnection failure period has the meaning given by subsection 42H(4).\n\nreconnection requirement:\n\n(a) for a mutual obligation failure or a work refusal failure—has the meaning given by subsection 42AM(1); and\n\n(b) for a failure mentioned in section 42G—has the meaning given by that section.\n\nrelief payment has the meaning given by the Farm Household Support Act 2014.\n\nrelocation assistance has the meaning given by subsection 42AO(2).\n\nschooling requirement child has the meaning given by section 124B.\n\nschooling requirement determination has the meaning given by section 124C.\n\nschooling requirement payment has the meaning given by section 124D.","sortOrder":1000049},{"sectionNumber":"full-source-retrieval-0051","sectionType":"document_chunk","heading":"Document excerpt 51","content":"schooling requirement person has the meaning given by section 124.\n\nserious failure has the meanings given by subsections 42M(1) and 42N(1).\n\nserious failure period has the meaning given by subsection 42P(2).\n\nserious failure requirement has the meaning given by subsection 42P(3).\n\nservice has the same meaning as in the Competition and Consumer Act 2010.\n\nsocial security bereavement payment means a payment under any of the following provisions of the 1991 Act:\n\n(a) Division 9 of Part 2.2;\n\n(b) Division 10 of Part 2.3;\n\n(d) Subdivision B or D of Division 9 of Part 2.5;\n\n(g) Subdivision B or C of Division 9 of Part 2.10;\n\n(h) Subdivision A or AA of Division 10 of Part 2.11;\n\n(i) Division 10 of Part 2.11A;\n\n(j) Subdivision AA or A of Division 9 of Part 2.12;\n\n(k) Subdivision C of Division 11 of Part 2.12B;\n\n(m) Division 9 of Part 2.15;\n\n(o) Division 10 of Part 2.16;\n\n(p) Subdivision C of Division 10 of Part 2.19;\n\n(q) Subdivision B of Division 10 of Part 2.20.\n\nsocial security periodic payment means:\n\n(a) a social security benefit; or\n\n(b) a social security pension; or\n\n(c) carer allowance; or\n\n(f) double orphan pension; or\n\n(g) mobility allowance; or\n\n(i) pensioner education supplement; or\n\n(k) Disaster Recovery Allowance.\n\ntransfer day, in relation to a transferee to a social security pension or benefit, has the meaning given by subclause (2) or (3), as the case requires.\n\ntransferee, in relation to a social security pension or benefit, has the meaning given by subclause (2) or (3), as the case requires.\n\nunemployment failure has the meaning given by section 42AE.\n\nunemployment non‑payment period has the meaning given by subsection 42S(3).\n\nunemployment preclusion period has the meaning given by subsection 42AO(1).\n\nwork refusal failure has the meaning given by section 42AD.\n\n(1A) For the purpose of the definition of alcoholic beverage, the volume of ethyl alcohol in a beverage is to be measured at 20°C and is to be calculated on the basis that the specific gravity of ethyl alcohol is 0.79067 (at 20°C in a vacuum).\n\n(2) If:\n\n(a) a social security pension or benefit (the old payment) ceases to be payable to a person otherwise than because another social security payment becomes payable to the person; and\n\n(b) immediately after the old payment ceases to be payable, the person is qualified for another social security pension or benefit (the new payment); and\n\n(c) the person makes a claim for the new payment;\n\nthe person is a transferee to the new payment and the person’s transfer day is the day that immediately follows the last day on which the old payment is payable to the person.\n\n(3) If:\n\n(a) a person becomes qualified for a social security pension or benefit (the new payment); and\n\n(b) immediately before becoming qualified for the new payment:\n\n(i) the person is a member of a couple; and\n\n(ii) the person’s partner is receiving a social security benefit; and\n\n(c) the person makes a claim for the new payment;\n\nthe person is a transferee to the new payment and the person’s transfer day is the day on which the person becomes qualified for the new payment.\n\nSchedule 2—Rules for working out start day\n\nNote: See section 42.\n\nPart 1—Introductory\n\n1  Definitions\n\nIn this Schedule, unless the contrary intention appears:\n\nbenefit means a social security benefit.\n\npension means a social security pension.\n\n2  Different start days under Parts 2 and 3\n\n(1) If:\n\n(a) but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a social security payment and would also have a start day under Part 3 of this Schedule in relation to the same payment; and\n\n(b) the start day under Part 3 would be earlier than the start day under Part 2;\n\nthe day worked out under Part 3 is the person’s start day in relation to the social security payment.\n\n(2) If, but for this subclause, a person would have 2 start days under Part 3 of this Schedule in relation to the same social security payment, one day earlier than the other, the earlier day is the person’s start day under Part 3 in relation to the social security payment.\n\n(3) If:\n\n(a) 2 or more clauses of Part 3 of this Schedule apply to the working out of a person’s start day in relation to a social security payment; and\n\n(b) the person’s start day under both or all of those clauses is the same day;\n\nthat day is the person’s start day under Part 3 in relation to the social security payment.\n\n(4) If:\n\n(a) but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a concession card and would also have a start day under Part 3 of this Schedule in relation to the same card; and\n\n(b) the start day under Part 3 would be earlier than the start day under Part 2;\n\nthe day worked out under Part 3 is the person’s start day in relation to the concession card.\n\nPart 2—General rules\n\n3  Start day—general rule\n\n(1) If:\n\n(a) a person makes a claim for a social security payment; and\n\n(b) the person is qualified for the payment on the day on which the claim is made;\n\nthe person’s start day in relation to the payment is the day on which the claim is made.\n\nNote: Clause 4A applies instead of this subclause to claims for jobseeker payment and youth allowance in certain circumstances.\n\n(2) A person’s start day in relation to a concession card for which the person is qualified under:\n\n(a) Division 1 of Part 2A.1 of the 1991 Act; or\n\n(b) Subdivision A of Division 3 of that Part;\n\nis the first day on which the person is qualified for the card.\n\n(3) If:\n\n(a) a person makes a claim for a seniors health card or a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and\n\n(b) the person is qualified for the card on the day on which the claim is made;\n\nthe person’s start day in relation to the card is the day on which the claim is made.\n\n(4) If:\n\n(a) section 1061ZJA of the 1991 Act applies in relation to a person; and\n\n(b) as mentioned in subsection 1061ZJA(3) of the 1991 Act, the person is qualified for a seniors health card on 1 January 2017;\n\nthe person’s start day in relation to the card is 1 January 2017.\n\n(5) If:\n\n(a) section 1061ZJA of the 1991 Act applies in relation to a person; and\n\n(b) as mentioned in subsection 1061ZJA(4) of the 1991 Act, the person is qualified for a seniors health card on the day the person returns to Australia;\n\nthe person’s start day in relation to the card is the day the person returns to Australia.\n\n4  Start day—early claim\n\n(1) If:\n\n(a) a person (other than a detained person) makes a claim for a relevant social security payment; and\n\n(b) the person is not, on the day on which the claim is made, qualified for the payment; and\n\n(c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and\n\n(d) the person becomes so qualified within that period;\n\nthe claim is taken to be made on the first day on which the person is qualified for the social security payment.\n\n(2) For the purposes of subclause (1), the following provisions have effect:\n\n(a) subject to paragraph (b), any social security payment, other than special benefit, is a relevant social security payment;\n\n(b) parenting payment is not a relevant social security payment in the case of a person who becomes qualified for the payment because of the birth of a child.\n\n(3) If:\n\n(a) a detained person makes a claim for a social security payment; and\n\n(b) the person is not, on the day on which the claim is made, qualified for the payment; and\n\n(c) the person becomes qualified for the payment within 3 weeks after the claim is made;\n\nthe claim is taken to be made on the first day on which the person is qualified for the payment.\n\n(4) Subclause (3) does not have effect in relation to a claim for a crisis payment or for a social security pension or benefit.\n\n(6) If:\n\n(a) a person makes a claim for a jobseeker payment or youth allowance; and\n\n(b) when the claim is made, the person is serving a liquid assets test waiting period;\n\nthe claim is taken to be made on the first day on which the person is qualified for a jobseeker payment or youth allowance, as the case may be.\n\n(7) In this clause:\n\ndetained person means a person who:\n\n(a) is in gaol; or\n\n(b) is undergoing psychiatric confinement because the person has been charged with an offence.\n\n4A  Start day for jobseeker payment and youth allowance if claimant required to attend interview\n\nWhen this clause applies and subclause 3(1) does not\n\n(1) This clause applies, and subclause 3(1) does not apply, in relation to a person’s:\n\n(a) claim for jobseeker payment; or\n\n(b) claim for youth allowance that is not based on the person being a new apprentice or undertaking full‑time study;\n\nif the Secretary gives the person a notice under section 63 requiring the person to attend a particular place for an interview on a day specified in the notice (the specified day).\n\nNote: Clause 5 may override the start day under this clause in certain circumstances.\n\nSecretary may decide that this clause does not apply\n\n(2) This clause does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subclause (3), that it should not apply to the person.\n\n(3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subclause (2) whether this clause applies to a person.\n\nStart day\n\n(4) The start day for the person is the day worked out using the following table.\n\n- Start day\n- If the period between the time the Secretary imposes the requirement under section 63 and the specified day is: The start day is:\n- 1 2 business days or less The specified day\n- 2 More than 2 business days (otherwise than at the person’s request) The day the Secretary imposes the requirement under section 63\n- 3 More than 2 business days (at the person’s request) The specified day\n\nStart day—failure to comply with requirement to attend interview\n\n(5) Despite subclause (4), if:\n\n(a) the person does not comply with the requirement; and\n\n(b) because of that failure to comply, either section 547AA or 615 of the 1991 Act applies to the person;\n\nthe person’s start day is the day on which that section ceases to apply to the person.\n\nStart day—person not qualified on start day\n\n(6) Despite subclauses (4) and (5), if a person is not qualified for the payment or allowance on the day that would, but for this subclause, be the person’s start day, the person’s start day is the first day, after what would otherwise (under subclause (4) or (5)) be the person’s start day, on which the person is qualified for the payment or allowance.\n\nWhen this clause ceases to apply\n\n(7) This clause ceases to apply if the Secretary revokes the requirement before the specified day.\n\nNote: In that case, subclause 3(1) will apply.\n\n5  Effect of exclusion period\n\n(1) If, on the day that would, but for this clause, be a person’s start day under this Schedule in relation to a social security payment, the person is subject to one or more exclusion periods, the person’s start day in relation to the payment is worked out as follows:\n\n(a) if the person is subject to one exclusion period—the start day is the first day after the end of that period;\n\n(b) if the person is subject to 2 or more exclusion periods—the start day is the first day after all the periods have ended.\n\n(1A) This clause does not apply in relation to payment of parenting payment to a person who is a member of a couple if the Secretary is satisfied that it should not so apply.\n\nNote: Clause 5A deals with the start day of parenting payment where one member of a couple commits a serious failure or is unemployed as a result of a voluntary act or misconduct.\n\n(1B) Subclause (1) applies only in relation to a start day for a participation payment to a person if the exclusion period to which the person is subject is:\n\n(a) for a person other than a declared program participant:\n\n(i) a payment suspension period; or\n\n(ii) an unemployment preclusion period; or\n\n(iii) a post‑cancellation non‑payment period; or\n\n(b) for a declared program participant:\n\n(i) a serious failure period; or\n\n(ii) an unemployment non‑payment period.\n\n(2) In this clause:\n\nexclusion period means a period during which, because of a provision of the social security law, a social security payment that would otherwise be payable to a person is not payable to the person, including:\n\n(a) a waiting period; and\n\n(b) a non‑payment period (including a compliance penalty period); and\n\n(c) a compensation preclusion period; and\n\n(d) a period during which a person is in gaol; and\n\n(e) if the payment is a youth allowance or jobseeker payment—a period during which the payment is not payable because of the operation of subparagraph 547AA(1)(b)(ii) or subparagraph 615(1)(b)(ii) of the 1991 Act; and\n\n(f) if the payment is a schooling requirement payment within the meaning of Part 3C—a period during which the payment is suspended under section 124H, 124M or 124NF.\n\n5A  Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations\n\n(1) If:\n\n(a) one member of a couple is receiving parenting payment; and\n\n(b) the other member of the couple is receiving a participation payment; and\n\n(c) any of the following apply:\n\n(i) the Secretary determines under Subdivision C of Division 3AA (compliance with participation payment obligations: persons other than declared program participants) that the other member’s participation payment is not payable for a period;\n\n(ii) the Secretary determines under that Subdivision that the other member’s participation payment is cancelled;\n\n(iii) the Secretary determines that the other member of the couple, being a declared program participant, commits a serious failure; or\n\n(iv) the Secretary makes a determination under subsection 42S(1) (unemployment as a result of a voluntary act or misconduct obligation—declared program participants) in relation to the other member of the couple; and\n\n(d) the other member of the couple claims parenting payment;\n\nthen, the other member’s start day under this Schedule in relation to the parenting payment is worked out in accordance with subclause (2).\n\n(2) For the purposes of subclause (1), the other member’s start day is the first day after the end of:\n\n(a) if subparagraph (1)(c)(i) applies—the other member’s payment suspension period or unemployment preclusion period; and\n\n(b) if subparagraph (1)(c)(ii) applies—the other member’s post‑cancellation non‑payment period; and\n\n(c) if subparagraph (1)(c)(iii) applies—the other member’s serious failure period; and\n\n(d) if subparagraph (1)(c)(iv) applies—the other member’s unemployment non‑payment period.\n\n6  Saving\n\nNothing in this Schedule operates to make a social security payment payable to a person on a day on which, because of another provision of the social security law, the payment is not payable to the person.\n\nPart 3—Backdated start day\n\nDivision 1—Explanatory\n\n7  Explanation of Part\n\nIn some circumstances, a person’s start day in relation to a social security payment may be earlier than the day worked out under Part 2 of this Schedule. This Part contains rules that enable the start day to be worked out in those circumstances.\n\nDivision 2—Rules applying to all or most social security payments\n\n8  Claim made soon after partner’s claim\n\nIf:\n\n(a) a person makes a claim for a social security benefit or pension within 14 days after the person’s partner makes a claim for a social security benefit or pension; and\n\n(b) the person’s claim and the partner’s claim are both granted;\n\nthe person’s start day in relation to the benefit or pension is the first day on which the person is qualified for the pension or benefit in the period starting on the partner’s start day in relation to the pension or benefit granted to the partner and ending on the day on which the person made the claim for the pension or benefit.\n\n9  Claim by transferee\n\n(1) If:\n\n(a) a person is a transferee to a benefit or pension; and\n\n(b) the person makes a claim for the benefit or pension within 14 days after the day that is the person’s transfer day in relation to the benefit or pension;\n\nthe transfer day is also the person’s start day in relation to the benefit or pension.\n\n(2) If:\n\n(a) a person is a transferee to a benefit or pension; and\n\n(b) the person makes a claim for the benefit or pension more than 14 days, but not more than 13 weeks, after the person’s transfer day; and\n\n(c) the Secretary determines that:\n\n(i) during the period beginning on the person’s transfer day and ending on the day on which the person made the claim, the person suffered from an illness or from an incapacity due to a medical condition; and\n\n(ii) the illness or incapacity was the sole or principal cause of the person’s failure to make the claim within 14 days after the person’s transfer day;\n\nthe person’s transfer day is also the person’s start day in relation to the benefit or pension.\n\n10  Claim soon after childbirth\n\nIf a woman makes a claim for a social security payment within 4 weeks after giving birth to a child, the woman’s start day in relation to the payment is the first day on which the woman is qualified for the payment in the period starting on the birth of the child and ending on the day on which the claim is made.\n\n11  Incapacitated claimant\n\n(1) If:\n\n(a) a person becomes incapacitated for work as a result of a medical condition; and\n\n(b) the person makes a claim for a benefit or pension within 5 weeks after the day on which the incapacity begins; and\n\n(c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made;","sortOrder":1000050},{"sectionNumber":"full-source-retrieval-0052","sectionType":"document_chunk","heading":"Document excerpt 52","content":"the person’s start day in relation to the benefit or pension is the first day on which the person was qualified for the benefit or pension in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.\n\n(2) If:\n\n(a) a person becomes incapacitated for work as a result of a medical condition; and\n\n(b) the person makes a claim for a benefit or pension more than 5 weeks after the day on which the incapacity begins; and\n\n(c) the Secretary is satisfied that:\n\n(i) the person has continued to suffer the medical condition from the day on which the incapacity began until the claim was made; and\n\n(ii) the medical condition was the sole or principal cause of the person’s failure to make the claim within 5 weeks after the day on which the incapacity began;\n\nthe person’s start day in relation to the pension or benefit is the first day on which the person was qualified for the benefit or pension in the period of 4 weeks ending immediately before the day on which the claim was made.\n\n12  Claim after death of partner\n\nIf:\n\n(a) a person’s partner dies; and\n\n(b) the person makes a claim for a social security payment within 4 weeks after the death of the partner;\n\nthe person’s start day in relation to the payment is the first day on which the person was qualified for the payment in the period starting on the day on which the partner died and ending on the day on which the claim was made.\n\n13  Claim for social security payment following claim for AGDRP\n\nIf a person:\n\n(a) is qualified for an AGDRP; and\n\n(b) makes a claim for the payment; and\n\n(ba) is in Australia when making that claim; and\n\n(c) within 14 days after making that claim, makes a claim for another social security payment;\n\nthe person’s start day in relation to that other social security payment is the day on which the person became qualified for the AGDRP.\n\nDivision 3—Rules applying to particular social security payments\n\n15  Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit\n\nIf:\n\n(a) a person receives an austudy payment, jobseeker payment, youth allowance or special benefit; and\n\n(b) either:\n\n(i) the payment, allowance or benefit is not payable to the person because of subsection 63(4); or\n\n(ii) a compliance penalty period applies to the person; and\n\n(c) payment of the payment, allowance or benefit is cancelled (other than under Division 3AA of Part 3); and\n\n(d) the person lodges a claim for an austudy payment, jobseeker payment, youth allowance or special benefit within 14 days after the day (the cancellation day) on which the cancellation of the payment, allowance or benefit referred to in paragraph (a) takes effect:\n\nthe person’s start day in relation to the payment, allowance or benefit to which the claim referred to in paragraph (d) relates is the day after the cancellation day.\n\n15A  Carer payment claimed on or after 1 July 2009 and before 1 October 2009\n\nIf:\n\n(a) a person is qualified for a carer payment other than under section 198 of the 1991 Act; and\n\n(b) the person makes a claim for a carer payment on or after 1 July 2009 and before 1 October 2009;\n\nthe person’s start day in relation to the payment is the day on which the person became qualified for a carer payment other than under section 198 of that Act.\n\n18  Double orphan pension\n\nIf:\n\n(a) a person (the claimant) is qualified for a double orphan pension for a young person; and\n\n(b) the claimant makes a claim for double orphan pension for the young person within 13 weeks after the birth of the young person;\n\nthe claimant’s start day in relation to the pension is the first day on which the person was qualified for the pension in the period starting on the day of the young person’s birth and ending on the day on which the claim was made.\n\n19  Double orphan pension—claim following death of former recipient\n\nIf:\n\n(a) a person (the former recipient) who is receiving double orphan pension for a young person dies; and\n\n(b) another person (the claimant) makes a claim for double orphan pension for the young person within 13 weeks after the death of the former recipient;\n\nthe claimant’s start day in relation to the double orphan pension is the first day on which the claimant was qualified for the pension in the period starting on the day of the former recipient’s death and ending on the day on which the claim was made.\n\n28  Jobseeker payment—claimant for disability support pension\n\nIf:\n\n(a) a person makes a claim for a jobseeker payment; and\n\n(b) the person is qualified for a jobseeker payment under subsection 593(1B) of the 1991 Act;\n\nthe person’s start day in relation to the jobseeker payment is the day on which the person made the claim for a disability support pension referred to in paragraph 593(1B)(d) of that Act.\n\n29  Parenting payment\n\nIf:\n\n(a) a person has a PP child; and\n\n(b) the person makes a claim for parenting payment within 4 weeks after the day on which the child became a PP child of the person;\n\nthe person’s start day in relation to the parenting payment is the first day on which the person was qualified for the payment in the period starting on the day on which the child became a dependent child of the person and ending on the day on which the claim was made.\n\n30  Pensioner education supplement\n\nIf:\n\n(a) a person makes a claim for a pensioner education supplement; and\n\n(b) when the claim is made, the person is qualified for the supplement; and\n\n(c) the claim is made within 4 weeks after the person became qualified for the supplement;\n\nthe person’s start day in relation to the pensioner education supplement is the day on which the person became qualified for the supplement.\n\n31  Pensioner education supplement: claim before 1 April\n\nIf:\n\n(a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 April in that year; and\n\n(b) the person’s course of education is a full year course that begins before 1 April in that year;\n\nthe person’s start day in relation to the pensioner education supplement is the first day on which the person is qualified for pensioner education supplement on or after 1 January in that year.\n\n32  Pensioner education supplement: claim before 1 August\n\nIf:\n\n(a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 August in that year; and\n\n(b) the person’s course of education is a full year course that starts in the month of July in that year;\n\nthe person’s start day in relation to the pensioner education supplement is the first day on which the person is qualified for pensioner education supplement on or after 1 July in that year.\n\n34  Youth allowance: incapacitated claimant\n\nIf:\n\n(a) a person who is undertaking a course of full‑time study becomes incapacitated for study as a result of a medical condition; and\n\n(b) the person makes a claim for a youth allowance within 5 weeks after the day on which the incapacity begins; and\n\n(c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made;\n\nthe person’s start day in relation to the youth allowance is the first day on which the person was qualified for youth allowance in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.\n\n35  Youth allowance—claimant for disability support pension\n\nIf:\n\n(a) a person makes a claim for a youth allowance; and\n\n(b) the person is qualified for a youth allowance under subsection 540A(1) of the 1991 Act;\n\nthe person’s start day in relation to the youth allowance is the day on which the person made the claim for a disability support pension referred to in paragraph 540A(1)(c) of that Act.\n\n36  Youth allowance—initial claim for family tax benefit\n\nIf:\n\n(a) a claim is made for family tax benefit in respect of a person (the initial claim); and\n\n(b) on the day on which the initial claim is made, the person is qualified for youth allowance; and\n\n(c) the person afterwards makes a claim for youth allowance; and\n\n(d) the Secretary is satisfied that it is reasonable for this clause to apply to the person;\n\nthe person’s start day in relation to youth allowance is the day on which the initial claim was made.\n\nDivision 4—Rules applying to health care cards\n\n37  Health care cards, other than automatic issue health care cards\n\n(1) If:\n\n(a) a person makes a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and\n\n(b) within the claim period, a professional service has been rendered to, or hospital treatment has been provided for, the person or a dependant of the person; and\n\n(c) when the service was rendered or the treatment provided, as the case may be, the person was qualified for the card; and\n\n(d) the person remained so qualified until the claim was made;\n\nthe person’s start day in relation to the health care card is:\n\n(e) the day on which the professional service was rendered or the hospital treatment was provided, as the case may be; or\n\n(f) if there were 2 or more such days within the claim period, the earlier or earliest of those days, as the case may be.\n\n(2) For the purposes of subclause (1), any period earlier than 1 September 1981 that would, but for this subclause, be included in the claim period in respect of a particular claim is to be disregarded.\n\n(3) In this clause:\n\nclaim period means:\n\n(a) the period of 13 weeks ending on the day on which a claim is made; or\n\n(b) such longer period as the Secretary, having regard to all the circumstances of the case, approves.\n\ndependant has the same meaning as in Part 2A.1 of the 1991 Act.\n\nhospital treatment has the same meaning as in the Health Insurance Act 1973.\n\nprofessional service has the same meaning as in the Health Insurance Act 1973.\n\n(4) The Secretary must not approve, under subclause (3), a period that includes a period earlier than 1 September 1981.\n\nSchedule 5—Provisions relating to the Chief Executive Centrelink etc.\n\n1  References to the Secretary and the Department—requirements etc. by delegate\n\n(1) If the Secretary delegates to the CEO or an employee of the Agency a power under the social security law to require or request a person to give the Secretary a document or information, the delegate may, in exercising the power, require or request the person to give the document or information to the Chief Executive Centrelink instead of the Secretary.\n\n(2) If the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) a power under the social security law to require or request a person to give or send to, or lodge with, the Department a document or information, the delegate may, in exercising the power, require or request the person to give or send the document or information to the Human Services Department, or lodge it with the Human Services Department, instead of the Department.\n\n(3) A person who:\n\n(a) gives a document or information to the Chief Executive Centrelink; or\n\n(b) gives or sends a document or information to the Human Services Department, or lodges it with the Human Services Department;\n\nin compliance with a requirement or a request by a delegate of the Secretary is to be treated for all purposes as if the person had:\n\n(c) given the document or information to the Secretary; or\n\n(d) given or sent the document or information to the Department, or lodged it with the Department;\n\nas the case may be, in compliance with a requirement or request by the Secretary.\n\n(4) A person who:\n\n(a) does not give a document or information to the Chief Executive Centrelink; or\n\n(b) does not give or send a document or information to the Human Services Department, or lodge it with the Human Services Department;\n\nin compliance with a requirement or request by a delegate of the Secretary is to be treated for all purposes as if the person:\n\n(c) had not given the document or information to the Secretary; or\n\n(d) had not given or sent the document or information to the Department, or lodged it with the Department;\n\nas the case may be, in compliance with a requirement or request by the Secretary.\n\n2  References to the Secretary and the Department—directions by Secretary\n\n(1) Subject to subclause (3), if:\n\n(a) the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) all or any of the Secretary’s powers under the social security law; and\n\n(b) the delegation makes a reference to the Secretary, the Department, or an officer of the Department, in another provision of the social security law inappropriate, whether for administrative reasons or any other reason;\n\nthe provision has effect as if:\n\n(c) the reference to the Secretary were a reference to the Chief Executive Centrelink; or\n\n(d) the reference to the Department were a reference to the Human Services Department; or\n\n(e) the reference to an officer of the Department were a reference to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997);\n\nas the case requires.\n\n(2) The Secretary may, by legislative instrument, direct that a provision to which subclause (1) applies is to have an operation different from that provided for by that subclause.\n\n(3) If the Secretary gives a direction under subclause (2) in relation to a provision, the provision has effect in accordance with the direction while the direction is in force.\n\n(4) A direction under subclause (2) comes into force on the first moment of the day next following the day when it is registered in the Federal Register of Legislation under the Legislation Act 2003, or on such later day as is specified in it, and remains in force until it is revoked.\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted | orig = original |\n| --- | --- |\n| am = amended | p = page(s) |\n| amdt = amendment | para = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| ch = Chapter(s) | pres = present |\n| cl = clause(s) | prev = previous |\n| cont. = continued | (prev…) = previously |\n| def = definition(s) | pt = Part(s) |\n| Dict = Dictionary | r = regulation(s)/Court rule(s) |\n| disallowed = disallowed by Parliament | reloc = relocated |\n| div = Division(s) | renum = renumbered |\n| ed = editorial change | rep = repealed |\n| exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |\n| effect | s = section(s)/subsection(s) |\n| gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |\n| LA = Legislation Act 2003 | sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |\n| (md) = misdescribed amendment can be given | SR = Statutory Rules |\n| effect | sub ch = Sub‑Chapter(s) |\n| (md not incorp) = misdescribed amendment | sub div = Subdivision(s) |\n| cannot be given effect | sub pt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n| Ord = Ordinance |  |\n\nEndnote 3—Legislation history","sortOrder":1000051},{"sectionNumber":"full-source-retrieval-0053","sectionType":"document_chunk","heading":"Document excerpt 53","content":"| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- | --- |\n| Social Security (Administration) Act 1999 | 191, 1999 | 23 Dec 1999 | s 1–6 and 257: 23 Dec 1999 (s 2(2))  s 54: 1 July 2000 (s 2(3))  Remainder: 20 Mar 2000 (s 2(1)) |  |\n| Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 824, 825): 20 Mar 2000 (s 2(4)) | — |\n| A New Tax System (Tax Administration) Act 1999 | 179, 1999 | 22 Dec 1999 | Sch 5 (items 67, 68): 1 July 2000 (s 2(9)(a)) | — |\n| as amended by |  |  |  |  |\n| Family and Community Services Legislation Amendment Act 2003 | 30, 2003 | 15 Apr 2003 | Sch 2 (item 90): 1 July 2000 (s 2(1) item 14) | — |\n| Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 | 192, 1999 | 23 Dec 1999 | Schedules 1 and 2: 20 Mar 2000  Schedules 3 and 4: 1 July 2000  Remainder: Royal Assent | — |\n| A New Tax System (Tax Administration) Act (No. 1) 2000 | 44, 2000 | 3 May 2000 | Sch 3 (item 48): 20 Mar 2000 (s 2(7)(a)) | — |\n| A New Tax System (Family Assistance and Related Measures) Act 2000 | 45, 2000 | 3 May 2000 | Sch 3 (items 16–55), Sch 5 and 6: 1 July 2000 (s 2(4)) | Sch 5 and 6 |\n| Family and Community Services Legislation Amendment Act 2000 | 70, 2000 | 27 June 2000 | Sch 4 (item 1): 20 Mar 2000 (s 2(5))  Sch 4 (items 2, 3): 27 June 2000 (s 2(6)) | — |\n| Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 | 94, 2000 | 30 June 2000 | Sch 2 (Pt 1): 1 July 2000 (s 2(5))  Sch 2 (Pt 2, 3): 20 Sept 2000 (s 2(2)(b)) | Sch 2 (item 14) |\n| Family and Community Services Legislation Amendment (New Zealand Citizens) Act 2001 | 18, 2001 | 30 Mar 2001 | Sch 2 (items 16, 17): 30 Mar 2001 (s 2(1))  Sch 2 (item 18): 1 July 2001 (s 2(2)) | — |\n| Family and Community Services and Veterans’ Affairs Legislation Amendment (Further Assistance for Older Australians) Act 2001 | 42, 2001 | 25 May 2001 | Schedule 2: 1 Sept 2001  Remainder: 1 July 2001 | — |\n| Family and Community Services Legislation Amendment (One‑off Payment to the Aged) Act 2001 | 43, 2001 | 25 May 2001 | 25 May 2001 | — |\n| Family and Community Services and Veterans’ Affairs Legislation Amendment (Debt Recovery) Act 2001 | 47, 2001 | 12 June 2001 | Sch 2: 12 June 2001 (s 2(1)) | Sch 2 (item 3) |\n| Family and Community Services Legislation (Simplification and Other Measures) Act 2001 | 71, 2001 | 30 June 2001 | Sch 1 (item 30): 20 Sept 2001 (s 2(2)) | — |\n| Child Support Legislation Amendment Act 2001 | 75, 2001 | 30 June 2001 | Sch 5 (item 70): 30 June 2001 (s 2(1)) | — |\n| Social Security Legislation Amendment (Concession Cards) Act 2001 | 80, 2001 | 30 June 2001 | 1 July 2001 | Sch. 1 (item 25) |\n| Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 | 137, 2001 | 1 Oct 2001 | 2 Oct 2001 | s. 4 |\n| Veterans’ Affairs Legislation Amendment Act (No. 1) 2002 | 73, 2002 | 6 Sept 2002 | Schedule 2: Royal Assent | — |\n| Family and Community Services Legislation Amendment (Budget Initiatives and Other Measures) Act 2002 | 95, 2002 | 10 Nov 2002 | Schedules 1 and 2: 1 July 2003  Remainder: Royal Assent | Sch. 1 (item 11) |\n| Family and Community Services Legislation Amendment (Special Benefit Activity Test) Act 2002 | 147, 2002 | 19 Dec 2002 | Schedule 1 (items 28–41): 1 Jan 2003 | — |\n| Family and Community Services Legislation Amendment Act 2003 | 30, 2003 | 15 Apr 2003 | Sch 1 (items 77–111) and Sch 4 (item 117): 15 Apr 2003  Sch 1 (items 117–123): 20 Mar 2000 (s 2(1) item 5) | — |\n| Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003 | 35, 2003 | 24 Apr 2003 | Schedules 1, 1A, 2 and 4–6: 20 Sept 2003  Schedule 3: 22 May 2003  Remainder: Royal Assent | s. 4 |\n| as amended by |  |  |  |  |\n| Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 | 154, 2005 | 14 Dec 2005 | Schedule 23 (item 6): Royal Assent | — |\n| Family and Community Services and Veterans’ Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 | 122, 2003 | 5 Dec 2003 | Sch 2 (item 23): 5 Dec 2003  Sch 3 (items 15–17) and Sch 4 (items 1, 5–8): 1 July 2004  Sch 7 (item 1): 22 May 2003 (s 2(1) item 4)  Sch 7 (item 9): 20 Sept 2003 (s 2(1) item 12) | Sch. 4 (item 1) |\n| Family Assistance Legislation Amendment (More Help for Families—One‑off Payments) Act 2004 | 60, 2004 | 26 May 2004 | 26 May 2004 | Sch. 3 (item 1) |\n| Family and Community Services and Veterans’ Affairs Legislation Amendment (Sugar Reform) Act 2004 | 109, 2004 | 13 July 2004 | 13 July 2004 | — |\n| Family and Community Services and Veterans’ Affairs Legislation Amendment (2004 Election Commitments) Act 2004 | 132, 2004 | 8 Dec 2004 | Schedule 1 (items 8–16) and Schedule 2 (items 10–13): 1 Dec 2004 | Sch. 2 (item 13) |\n| Social Security Legislation Amendment (One‑off Payments for Carers) Act 2005 | 55, 2005 | 25 May 2005 | 25 May 2005 | Sch. 2 (item 1) |\n| as amended by |  |  |  |  |\n| Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 19, 2008 | 26 May 2008 | Schedule 3 (item 70): Royal Assent | — |\n| as amended by |  |  |  |  |\n| Statute Law Revision Act 2010 | 8, 2010 | 1 Mar 2010 | Sch 2 (item 20): 26 May 2008 (s 2(1) item 21) | — |\n| Statute Update (Autumn 2018) Act 2018 | 41, 2018 | 22 May 2018 | Sch 5 (item 1): 19 June 2018 (s 2(1) item 4) | — |\n| Family and Community Services Legislation Amendment (Family Assistance and Related Measures) Act 2005 | 61, 2005 | 26 June 2005 | Schedule 4 (items 19, 28): 1 July 2005  Schedule 4 (items 36–41): Royal Assent | Sch. 4 (item 28) |\n| Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 | 154, 2005 | 14 Dec 2005 | Sch 22 (items 1–10, 43–45): 14 Dec 2005  Sch 22 (items 11–42): 1 July 2006  Sch 22 (items 46, 47): 20 Sept 2006 | Sch 22 (items 15–17, 25, 33, 45, 47) |\n| as amended by |  |  |  |  |\n| Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006 | 64, 2006 | 22 June 2006 | Sch 14 (items 11, 12): 1 July 2006 (s 2(1) item 30) | — |\n| Family Assistance, Social Security and Veterans’ Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006 | 36, 2006 | 3 May 2006 | Sch 6: 1 July 2006 | — |\n| Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006 | 41, 2006 | 22 May 2006 | 22 May 2006 | — |\n| Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006 | 64, 2006 | 22 June 2006 | Sch 13 (items 1–20): 1 July 2006 (s 2(1) item 24)  Sch 13 (item21): 14 Dec 2005 (s 2(1) item 25)  Sch 13 (items 22–24): 1 July 2006 (s 2(1) item 26) | Sch 13 (item 15) |\n| Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 | 82, 2006 | 30 June 2006 | Schedule 4 (items 19–27): 1 Dec 2006  Schedule 13 (items 2–4): Royal Assent | — |\n| Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 | 108, 2006 | 27 Sept 2006 | Schedule 4 and Schedule 8 (items 204–224): Royal Assent | Sch. 4 (item 12) |\n| Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006 | 146, 2006 | 6 Dec 2006 | Schedule 3 (item 76): 1 Jan 2007 | — |\n| Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006 | 156, 2006 | 8 Dec 2006 | Schedule 1: 1 Jan 2007  Remainder: Royal Assent | — |\n| Statute Law Revision Act 2007 | 8, 2007 | 15 Mar 2007 | Sch 1 (item 22): 1 July 2000 (s 2(1) item 19)  Sch 1 (items 23, 24); 20 Mar 2000 (s 2(1) item 20) | — |\n| Employment and Workplace Relations Legislation Amendment (Welfare to Work and Vocational Rehabilitation Services) Act 2007 | 65, 2007 | 15 Apr 2007 | Schedule 1 (items 53, 54): Royal Assent | Sch. 1 (item 54) |\n| Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007 | 66, 2007 | 11 May 2007 | Schedule 1 (items 12–14) and Schedule 3 (items 7–9): Royal Assent | — |\n| Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 | 82, 2007 | 21 June 2007 | Sch 12 (items 14, 15): 1 Dec 2006 (s 2(1) item 38)  Sch 12 (item 16): 1 July 2000 (s 2(1) item 39)  Sch 12 (item 17): 21 June 2007 | Sch. 12 (item 15) |\n| Families, Community Services and Indigenous Affairs Legislation Amendment (Child Care and Other 2007 Budget Measures) Act 2007 | 113, 2007 | 28 June 2007 | Schedule 1: 1 July 2007  Schedule 2: 1 Oct 2007  Remainder: Royal Assent | — |\n| Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 | 130, 2007 | 17 Aug 2007 | 18 Aug 2007 | ss. 4–7 |\n| as amended by |  |  |  |  |\n| Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 | 93, 2010 | 29 June 2010 | Schedule 1 (items 3, 4): 31 Dec 2010 | Sch. 1 (item 4) |\n| Social Security Amendment (2007 Measures No. 2) Act 2007 | 173, 2007 | 28 Sept 2007 | Schedule 1 (items 1–5, 8–34, 36–48): 1 Jan 2008  Schedule 1 (items 6, 7): 29 Sept 2007  Schedule 1 (item 35): 20 Mar 2000  Remainder: Royal Assent | Sch. 1 (item 48) |\n| Families, Community Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007 | 182, 2007 | 28 Sept 2007 | Schedule 1: 1 Oct 2007  Remainder: Royal Assent | — |\n| Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007 | 183, 2007 | 28 Sept 2007 | 1 Jan 2008 | Sch. 1 (items 33, 36) |\n| Social Security and Veterans’ Affairs Legislation Amendment (Enhanced Allowances) Act 2008 | 5, 2008 | 20 Mar 2008 | 20 Mar 2008 | — |\n| Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 | 19, 2008 | 26 May 2008 | Sch 1 (items 11–14): 26 May 2008 (s 2(1) items 2, 3, 5, 6)  Sch 3 (items 7–10): 26 May 2008 (s 2(1) items 5, 6)  Sch 5 (items 13, 25): 1 July 2008 | Sch 1 (item 14), Sch 3 (item 10) and Sch 5 (item 25) |\n| Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008 | 26, 2008 | 23 June 2008 | Schedule 1 (items 113–116): Royal Assent | — |\n| Dental Benefits (Consequential Amendments) Act 2008 | 42, 2008 | 25 June 2008 | Schedule 1 (items 19, 20): 26 June 2008 (see s. 2(1)) | — |\n| Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 | 63, 2008 | 30 June 2008 | s. 4 and Schedule 4 (items 11–13): Royal Assent  Schedule 3 (items 4–11): 1 Sept 2008  Schedule 4 (items 1–10): 1 July 2008 | s. 4, Sch. 3 (item 11) and Sch. 4 (item 13) |\n| Social Security and Other Legislation Amendment (Employment Entry Payment) Act 2008 | 64, 2008 | 30 June 2008 | 1 July 2008 | Sch. 1 (item 11(3), (5), (6)) |\n| Statute Law Revision Act 2008 | 73, 2008 | 3 July 2008 | Sch 1 (item 46): 20 Sept 2003 (item 30) | — |\n| Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 | 131, 2008 | 1 Dec 2008 | Schedule 1 (items 5–7) and Schedule 5 (items 15, 16): Royal Assent | — |\n| Tax Laws Amendment (Education Refund) Act 2008 | 141, 2008 | 9 Dec 2008 | Schedule 1 (items 6, 10): Royal Assent | Sch. 1 (item 10) |\n| Social Security and Veterans’ Entitlements Legislation Amendment (Schooling Requirements) Act 2008 | 149, 2008 | 11 Dec 2008 | Schedule 1 (items 3–21, 34): Royal Assent | Sch. 1 (item 34) |\n| Household Stimulus Package Act (No. 2) 2009 | 4, 2009 | 18 Feb 2009 | Schedule 1 (items 6–10), Schedule 4 and Schedule 5 (items 18–20): Royal Assent | Sch. 4 |\n| Social Security Legislation Amendment (Employment Services Reform) Act 2009 | 7, 2009 | 24 Feb 2009 | Schedule 1 (items 1, 34–55, 56(1), (3), (4)), Schedule 2 (items 200–208) and Schedule 4 (items 11–14): 1 July 2009 | Sch. 1 (item 56(1), (3), (4)), Sch. 2 (item 208) and Sch. 4 (item 12) |\n| Social Security Amendment (Liquid Assets Waiting Period) Act 2009 | 25, 2009 | 26 Mar 2009 | Sch 1 (item 12): 20 Sept 2003 (s 2(1) item 3) | — |\n| Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 | 35, 2009 | 27 May 2009 | Schedule 1 (items 5–12): Royal Assent | — |\n| Employment and Workplace Relations Amendment Act 2009 | 37, 2009 | 3 June 2009 | Schedule 2 (item 35): 4 June 2009 | — |\n| Social Security Legislation Amendment (Improved Support for Carers) Act 2009 | 44, 2009 | 23 June 2009 | Schedule 2: 1 July 2009 | Sch. 2 (item 4) |\n| Social Security Legislation Amendment (Improved Support for Carers) (Consequential and Transitional) Act 2009 | 45, 2009 | 23 June 2009 | Schedule 2: 1 July 2009 (s 2(1) item 2) | — |\n| Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009 | 48, 2009 | 24 June 2009 | Schedule 2: Royal Assent | Sch. 2 (item 2) |\n| Social Security Legislation Amendment (Digital Television Switch‑over) Act 2009 | 58, 2009 | 26 June 2009 | Schedule 1: 27 June 2009  Remainder: Royal Assent | — |\n| Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 | 60, 2009 | 29 June 2009 | Schedule 4 (items 34, 94–102, 104): 20 Sept 2009 | Sch. 4 (item 104) |\n| Veterans’ Affairs and Other Legislation Amendment (Pension Reform) Act 2009 | 81, 2009 | 10 Sept 2009 | Schedule 4 (items 144–148): 20 Sept 2009 (s 2(1) item 11)  Schedule 4 (items 210(5), 211(4), 215(3)): 20 Sept 2009 | Sch. 4 (items 210(5), 211(4), 215(3)) |\n| Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 | 4, 2010 | 19 Feb 2010 | Schedule 10 (item 28): 20 Feb 2010 | — |\n| Statute Law Revision Act 2010 | 8, 2010 | 1 Mar 2010 | Schedule 5 (items 137(a), 138): 1 Mar 2010 (s 2(1) items 31, 38) | Sch 5 (item 138) |\n| Social Security and Other Legislation Amendment (Income Support for Students) Act 2010 | 17, 2010 | 24 Mar 2010 | Schedule 2 (items 24–31): 1 Apr 2010 | — |\n| Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Act 2010 | 33, 2010 | 13 Apr 2010 | Schedule 1 (items 15–24): 14 Apr 2010  Schedule 3 (item 7): Royal Assent | Sch. 1 (item 24) |\n| Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 | 38, 2010 | 13 Apr 2010 | Schedule 2 and Schedule 7 (items 34, 35): 14 Apr 2010  Schedule 3 (items 6–17, 95–134, 136–163): 11 May 2010  Schedule 3 (item 135): never commenced (s 2(1) item 8) | Sch. 2 (items 9, 10) and Sch. 3 (items 16, 17, 157–163) |\n| Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010 | 45, 2010 | 14 Apr 2010 | Schedule 1 (items 9, 11) and Schedule 2: Royal Assent | — |\n| Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Act 2010 | 89, 2010 | 29 June 2010 | Schedule 2 (items 1–14, 16, 18, 20–37, 45–63): 30 June 2010  Schedule 2 (items 15, 19): 1 July 2010 (s 2(1) items 6, 10)  Schedule 2 (item 17): never commenced (s 2(1) item 8) | Sch. 2 (items 37, 50, 57, 60, 63) |\n| Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 | 93, 2010 | 29 June 2010 | Schedule 2 (items 1–53, 62–64) and Schedule 6 (items 59–63): 1 July 2010 | Sch. 2 (items 22–24, 51, 53) |\n| Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Schedule 6 (items 1, 96–99): 1 Jan 2011 | — |\n| Social Security Legislation Amendment (Connecting People with Jobs) Act 2010 | 130, 2010 | 24 Nov 2010 | Schedule 1: 1 Jan 2011  Remainder: Royal Assent | Sch. 1 (item 5) |\n| Statute Law Revision Act 2011 | 5, 2011 | 22 Mar 2011 | Schedule 5 (items 202–204), Schedule 6 (items 102–104) and Schedule 7 (items 127, 128): 19 Apr 2011 | — |\n| Human Services Legislation Amendment Act 2011 | 32, 2011 | 25 May 2011 | Schedule 4 (items 575–606, 656): 1 July 2011 | — |\n| Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Act 2011 | 34, 2011 | 26 May 2011 | Schedule 7 (items 2, 3): Royal Assent | — |\n| Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Schedule 2 (items 1055–1058) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) |\n| Social Security Legislation Amendment (Job Seeker Compliance) Act 2011 | 48, 2011 | 27 June 2011 | Schedule 1: 1 July 2011  Remainder: Royal Assent | Sch. 1 (item 20) |\n| Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 | 50, 2011 | 27 June 2011 | Schedule 5 (items 3–96): 28 June 2011 | Sch. 5 (item 61) |\n| as amended by |  |  |  |  |\n| Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Schedule 2 (item 8): 28 June 2011 (s 2(1) item 9) | — |\n| Family Assistance and Other Legislation Amendment Act 2011 | 52, 2011 | 28 June 2011 | Schedule 4: Royal Assent | — |\n| Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 | 58, 2011 | 28 June 2011 | Schedule 1 (items 158, 159): 1 July 2011 (s 2(1) item 2) | — |\n| Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 | 79, 2011 | 25 July 2011 | Schedule 4 (item 8): never commenced (s 2(1) item 8)  Schedule 4 (items 9–11): 26 July 2011 | Sch. 4 (item 11)  s. 2(1) (item 5) (rs. by 32, 2011, Sch. 4 [item 658])  s. 2(1) (items 6–","sortOrder":1000052},{"sectionNumber":"full-source-retrieval-0054","sectionType":"document_chunk","heading":"Document excerpt 54","content":"12) (ad. by 32, 2011, Sch. 4 [item 658]) |\n| as amended by |  |  |  |  |\n| Human Services Legislation Amendment Act 2011 | 32, 2011 | 25 May 2011 | Schedule 4 (item 658): 25 July 2011 (s 2(1) item 7B) | — |\n| Social Security and Other Legislation Amendment (Miscellaneous Measures) Act 2011 | 91, 2011 | 4 Aug 2011 | Schedule 1: 20 Mar 2000  Schedule 3: Royal Assent | Sch. 1 (item 3) and Sch. 3 |\n| Clean Energy (Household Assistance Amendments) Act 2011 | 141, 2011 | 29 Nov 2011 | Schedule 1 (item 11) and Schedule 10 (items 24–30): 14 May 2012  Schedule 1 (items 37, 50, 58, 59, 81–84): 20 Mar 2013  Schedule 6 (items 4–8) and Schedule 7 (items 10, 35, 36): 14 May 2012 (s 2(1) items 2, 14, 15) | Sch. 6 (item 8) and Sch. 7 (items 35, 36) |\n| Social Security Legislation Amendment (Family Participation Measures) Act 2011 | 173, 2011 | 5 Dec 2011 | Schedule 1 (items 10–20): 1 Jan 2012 | — |\n| Family Assistance and Other Legislation Amendment Act 2012 | 49, 2012 | 26 May 2012 | Schedule 1 (items 48–51, 52(5)): 1 July 2012 | Sch. 1 (item 52(5)) |\n| Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012 | 50, 2012 | 26 May 2012 | Schedule 1 (items 16, 17) and Schedule 2 (item 18): 27 May 2012 | — |\n| Social Security and Other Legislation Amendment (Disability Support Pension Participation Reforms) Act 2012 | 51, 2012 | 26 May 2012 | Schedule 1 (items 5–8): 1 July 2012 | Sch. 1 (item 8) |\n| Social Security and Other Legislation Amendment (Income Support and Other Measures) Act 2012 | 52, 2012 | 26 May 2012 | Schedule 4: Royal Assent  Schedule 7: 1 July 2012 | Sch. 4 (item 3) and Sch. 7 (item 2) |\n| Social Security and Other Legislation Amendment (2012 Budget and Other Measures) Act 2012 | 98, 2012 | 29 June 2012 | Schedule 2 (items 65, 88(1)): 1 Jan 2013 | Sch. 2 (item 88(1)) |\n| Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012 | 101, 2012 | 29 June 2012 | Schedule 5: 16 July 2012 (see s. 2(1)) | — |\n| Social Security Legislation Amendment Act 2012 | 102, 2012 | 29 June 2012 | Schedule 1 (items 2–32): 27 July 2012  Schedule 2: 1 July 2012 | Sch. 1 (items 18, 32 and Sch. 2 (item 18) |\n| Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Act 2012 | 106, 2012 | 22 July 2012 | Schedule 1 (items 12–14, 23–27): 22 Jan 2013 | — |\n| Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 | 154, 2012 | 17 Nov 2012 | Schedule 1: Royal Assent  Schedule 3 (items 117–158, 176–188): 15 Dec 2012 | Sch. 3 (items 176–188) |\n| Privacy Amendment (Enhancing Privacy Protection) Act 2012 | 197, 2012 | 12 Dec 2012 | Sch 5 (item 79) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 19)  Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16) | Sch 6 (items 1, 15–19) |\n| Social Security and Other Legislation Amendment (Income Support Bonus) Act 2013 | 5, 2013 | 5 Mar 2013 | Schedule 1 (items 8–10, 22, 23): Royal Assent | — |\n| Social Security Legislation Amendment (Disaster Recovery Allowance) Act 2013 | 62, 2013 | 26 June 2013 | Sch 1 (items 7–10): 1 Oct 2013 | — |\n| Family Assistance and Other Legislation Amendment Act 2013 | 70, 2013 | 27 June 2013 | Sch 2A (items 53–61, 67): 1 Mar 2014 (s 2(1) items 9A, 9C)  Sch 3 (items 68–76, 98–100): 28 June 2013 (s 2(1) items 14, 16)  Sch 3 (items 92–95): 20 Mar 2013 (s 2(1) item 15) | Sch 2A (item 67) |\n| as amended by |  |  |  |  |\n| Statute Law Revision Act (No. 1) 2015 | 5, 2015 | 25 Feb 2015 | Sch 2 (item 3): 28 June 2013 (s 2(1) item 5) | — |\n| Aged Care (Living Longer Living Better) Act 2013 | 76, 2013 | 28 June 2013 | Sch 4 (items 27–32): 1 July 2014 (s 2(1) item 6) | — |\n| Farm Household Support (Consequential and Transitional Provisions) Act 2014 | 13, 2014 | 28 Mar 2014 | Sch 2 (items 94–134): 1 July 2014 (s 2(1) item 3) | Sch 2 (item 134) |\n| Social Services and Other Legislation Amendment Act 2014 | 14, 2014 | 31 Mar 2014 | Sch 2: 28 Apr 2014 (s 2(1) item 3) | — |\n| Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 4 (item 90): 24 June 2014 (s 2(1) item 9) | — |\n| Social Security Legislation Amendment (Increased Employment Participation) Act 2014 | 35, 2014 | 18 June 2014 | Sch 1 (items 3–8) and Sch 2: 1 July 2014 (s 2) | — |\n| Social Security Legislation Amendment (Green Army Programme) Act 2014 | 73, 2014 | 30 June 2014 | Sch 1 (items 4, 5): 1 July 2014 (s 2) | — |\n| Minerals Resource Rent Tax Repeal and Other Measures Act 2014 | 96, 2014 | 5 Sept 2014 | Sch 8 (items 8–11, 24–26) and Sch 9 (items 23, 24): 31 Dec 2016 (s 2(1) items 5, 7, 9) | Sch 8 (item 26) and Sch 9 (item 24) |\n| Social Services and Other Legislation Amendment (Seniors Health Card and Other Measures) Act 2014 | 98, 2014 | 11 Sept 2014 | Sch 2 (item 2) and Sch 3 (items 34–37): 12 Sept 2014 (s 2(1) item 2)  Sch 4 (items 16, 17, 19, 20, 24, 26): never commenced (s 2(1) items 5, 7, 10, 12)  Sch 4 (items 18, 21–23, 25, 27, 28): 9 Oct 2014 (s 2(1) items 6, 8, 9, 11, 13, 14) | Sch 4 (items 22, 28) |\n| Omnibus Repeal Day (Autumn 2014) Act 2014 | 109, 2014 | 16 Oct 2014 | Sch 10 (item 16): 17 Oct 2014 (s 2(1) item 8) | — |\n| Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014 | 116, 2014 | 3 Nov 2014 | Sch 2 (item 7): 1 Dec 2014 (s 2(1) item 2) | — |\n| Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Act 2014 | 122, 2014 | 26 Nov 2014 | Sch 1 (items 124–138): 20 Sept 2014 (s 2(1) item 2) | Sch 1 (item 138) |\n| Social Security Legislation Amendment (Strengthening the Job Seeker Compliance Framework) Act 2014 | 131, 2014 | 12 Dec 2014 | Sch 1 (items 1–9, 12): 1 Jan 2015 (s 2(1) item 2)  Sch 1 (items 20–32): 1 July 2015 (s 2(1) item 3) | Sch 1 (items 12, 32) |\n| Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 5 (items 62, 74–79) and Sch 7: 14 Apr 2015 (s 2) | Sch 5 (items 74–79) and Sch 7 |\n| as amended by |  |  |  |  |\n| Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |\n| Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 2 (item 334): 1 July 2016 (s 2(1) item 5)  Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) | Sch 2 (items 356–396) |\n| as amended by |  |  |  |  |\n| Territories Legislation Amendment Act 2016 | 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |\n| Tribunals Amalgamation Act 2015 | 60, 2015 | 26 May 2015 | Sch 3 (items 11–72) and Sch 9: 1 July 2015 (s 2(1) items 16, 22) | Sch 9 |\n| Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Act 2015 | 91, 2015 | 26 June 2015 | Sch 1 (items 9–23, 24, 56): 20 June 2015 (s 2(1) item 2) | Sch 1 (items 24, 56) |\n| Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015 | 110, 2015 | 30 June 2015 | Sch 3 (items 85–92): 1 Jan 2017 (s 2(1) item 6) | — |\n| Business Services Wage Assessment Tool Payment Scheme (Consequential Amendments) Act 2015 | 112, 2015 | 30 June 2015 | Sch 1 (items 4, 5): 1 July 2015 (s 2(1) item 2) | — |\n| Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 534, 535): 5 Mar 2016 (s 2(1) item 2) | — |\n| Social Services Legislation Amendment (No. 2) Act 2015 | 128, 2015 | 16 Sept 2015 | Sch 1 (items 3–5, 9–28, 32, 33): 17 Sept 2015 (s 2(1) items 2, 4) | Sch 1 (items 32, 33) |\n| Civil Law and Justice (Omnibus Amendments) Act 2015 | 132, 2015 | 13 Oct 2015 | Sch 1 (item 69): 14 Oct 2015 (s 2(1) item 2) | — |\n| Social Services Legislation Amendment (Low Income Supplement) Act 2015 | 143, 2015 | 12 Nov 2015 | Sch 1 (items 8–16, 20, 22): 1 July 2017 (s 2(1) items 2, 3, 5)  Sch 1 (item 21): never commenced (s 2(1) item 4) | Sch 1 (item 22) |\n| Social Security Legislation Amendment (Debit Card Trial) Act 2015 | 144, 2015 | 12 Nov 2015 | Sch 1 (items 1, 11–20): 13 Nov 2015 (s 2(1) item 2) | — |\n| Social Services Legislation Amendment (More Generous Means Testing for Youth Payments) Act 2015 | 159, 2015 | 26 Nov 2015 | Sch 1 (items 38–47): 1 Jan 2017 (s 2(1) item 6) | Sch 1 (item 47) |\n| Labor 2013‑2014 Budget Savings (Measures No. 2) Act 2015 | 169, 2015 | 11 Dec 2015 | Sch 1 (items 32–44, 111): 1 Jan 2016 (s 2(1) item 2) | Sch 1 (item 111) |\n| Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 279, 280, 428): 10 Mar 2016 (s 2(1) item 6) | — |\n| Omnibus Repeal Day (Autumn 2015) Act 2016 | 47, 2016 | 5 May 2016 | Sch 5 (items 3, 5, 65, 66): 6 May 2016 (s 2(1) items 5, 7) | Sch 5 (items 5, 66) |\n| Budget Savings (Omnibus) Act 2016 | 55, 2016 | 16 Sept 2016 | Sch 4 (items 3–7, 13) and Sch 16: 1 Jan 2017 (s 2(1) items 5, 18)  Sch 11 (items 13–19, 24): 1 July 2017 (s 2(1) item 13)  Sch 21 (items 129–131): 20 Mar 2017 (s 2(1) item 23) | Sch 4 (item 13), Sch 11 (item 24), Sch 16 (item 2) and Sch 21 (item 131) |\n| Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 3 (item 39): 21 Oct 2016 (s 2(1) item 1) | — |\n| Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016 | 74, 2016 | 23 Nov 2016 | Sch 1 (items 22–26): 1 Jan 2017 (s 2(1) item 2) | — |\n| Social Services Legislation Amendment Act 2017 | 33, 2017 | 12 Apr 2017 | Sch 2: 13 Apr 2017 (s 2(1) item 3) | — |\n| Social Security Legislation Amendment (Youth Jobs Path: Prepare, Trial, Hire) Act 2017 | 42, 2017 | 19 May 2017 | Sch 2: 19 May 2017 (s 2(1) item 3) | — |\n| Social Services Legislation Amendment (Energy Assistance Payment and Pensioner Concession Card) Act 2017 | 46, 2017 | 19 June 2017 | Sch 1 (items 5–7): 19 June 2017 (s 2(1) item 2)  Sch 2 (items 9–15): 9 Oct 2017 (s 2(1) item 3) | — |\n| Social Services Legislation Amendment (Queensland Commission Income Management Regime) Act 2017 | 74, 2017 | 26 June 2017 | 26 June 2017 (s 2(1) item 1) | — |\n| Veterans’ Affairs Legislation Amendment (Omnibus) Act 2017 | 128, 2017 | 30 Nov 2017 | Sch 8 (items 18, 19): 1 Dec 2017 (s 2(1) item 10) | Sch 8 (item 19) |\n| Social Services Legislation Amendment (Cashless Debit Card) Act 2018 | 3, 2018 | 20 Feb 2018 | 21 Feb 2018 (s 2(1) item 1) | — |\n| Veterans’ Affairs Legislation Amendment (Veteran‑centric Reforms No. 1) Act 2018 | 17, 2018 | 28 Mar 2018 | Sch 2 (items 194–213): 1 May 2018 (s 2(1) item 3) | — |\n| Social Services Legislation Amendment (Welfare Reform) Act 2018 | 26, 2018 | 11 Apr 2018 | Sch 1 (items 308–336, 342–354, 357–360, 373), Sch 2 (items 72–75, 82–93), Sch 3 (items 77–92, 98–111) and Sch 4 (items 95–100, 105–110): 20 Mar 2020 (s 2(1) items 2, 4–6)  Sch 5 (items 130–137, 139–148): 20 Sept 2020 (s 2(1) item 8)  Sch 6 (items 60–72) and Sch 7 (items 64–66, 68–77): 1 Jan 2022 (s 2(1) items 10, 11)  Sch 10 (items 1–4), Sch 11, Sch 15 (items 1, 13–41), Sch 16 (items 1, 1A, 3–7) and Sch 17 (items 38–58): 1 July 2018 (s 2(1) items 14, 15, 18, 19, 21)  Sch 14: 12 Apr 2018 (s 2(1) item 17) | Sch 1 (items 342–354), Sch 2 (items 82–93), Sch 3 (items 98–111), Sch 4 (items 105–110), Sch 5 (items 139–148), Sch 6 (items 63–72), Sch 7 (items 68–77), Sch 10 (item 4), Sch 11 (item 18), Sch 15 (items 39–41), Sch 16 (item 7) and Sch 17 (item 58) |\n| National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Act 2018 | 46, 2018 | 21 June 2018 | Sch 4 (items 2, 3): 1 July 2018 (s 2(1) item 1) | — |\n| Farm Household Support Amendment (Temporary Measures) Act 2018 | 87, 2018 | 24 Aug 2018 | Sch 2 (items 9–12): 25 Aug 2018 (s 2(1) item 1) | — |\n| Social Services Legislation Amendment (Cashless Debit Card Trial Expansion) Act 2018 | 110, 2018 | 21 Sept 2018 | Sch 1A (items 1–15, 17) and Sch 1 (items 17–19): 22 Sept 2018 (s 2(1) items 1A, 3)  Sch 1 (items 1–3, 7, 8, 10–12, 15A): 21 Dec 2018 (s 2(1) item 2)  Sch 1 (items 20, 21): never commenced (s 2(1) item 4)  Sch 1 (item 22): 20 Mar 2020 (s 2(1) item 5) | Sch 1A (items 15, 17) and Sch 1 (items 12, 19) |\n| Social Services Legislation Amendment (Student Reform) Act 2018 | 111, 2018 | 21 Sept 2018 | Sch 1 (items 8, 9): 1 Jan 2019 (s 2(1) item 4) | Sch 1 (item 9) |\n| Social Services Legislation Amendment (Energy Assistance Payment) Act 2019 | 28, 2019 | 5 Apr 2019 | Sch 1 (items 5–7): 6 Apr 2019 (s 2(1) item 1) | — |\n| Social Security (Administration) Amendment (Income Management and Cashless Welfare) Act 2019 | 45, 2019 | 5 Apr 2019 | Sch 1: 6 Apr 2019 (s 2(1) item 2) | — |\n| Social Security (Administration) Amendment (Cashless Welfare) Act 2019 | 62, 2019 | 12 Aug 2019 | 13 Aug 2019 (s 2(1) item 1) | Sch 1 (item 10) |\n| Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019 | 74, 2019 | 20 Sept 2019 | Sch 1 (items 3–11): 20 Dec 2019 (s 2(1) item 2)  Sch 1 (items 12–14): 20 Mar 2020 (s 2(1) item 3) | — |\n| Farm Household Support Amendment (Relief Measures) Act (No. 1) 2019 | 104, 2019 | 28 Nov 2019 | Sch 3 (items 9–13): 16 Dec 2019 (s 2(1) item 1) | — |\n| Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Act 2020 | 17, 2020 | 6 Mar 2020 | Sch 1 (items 43–61, 72, 83–92): 7 Dec 2020 (s 2(1) item 1) | Sch 1 (item 72) |\n| as amended by |  |  |  |  |\n| Coronavirus Economic Response Package Omnibus Act 2020 | 22, 2020 | 24 Mar 2020 | Sch 11 (item 41): 25 Mar 2020 (s 2(1) item 7) | — |\n| Coronavirus Economic Response Package Omnibus Act 2020 | 22, 2020 | 24 Mar 2020 | Sch 4 (items 29–35): 25 Mar 2020 (s 2(1) item 4) | — |\n| Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020 | 97, 2020 | 13 Nov 2020 | Sch 1 (items 18–24): 14 Nov 2020 (s 2(1) item 2) | — |\n| Social Services and Other Legislation Amendment (Omnibus) Act 2020 | 107, 2020 | 26 Nov 2020 | Sch 1, Sch 2 (items 7–9), Sch 3 (items 118–124): 27 Nov 2020 (s 2(1) items 2, 3) | Sch 2 (item 9) |\n| National Emergency Declaration (Consequential Amendments) Act 2020 | 129, 2020 | 15 Dec 2020 | Sch 1 (item 53): 16 Dec 2020 (s 2(1) item 2) | — |\n| Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 | 136, 2020 | 17 Dec 2020 | Sch 1 (items 1–49, 114): 18 Dec 2020 (s 2(1) items 2, 5)  Sch 1 (items 49A–99): 17 Mar 2021 (s 2(1) item 3)  Sch 1 (items 101–113): 8 Mar 2021 (s 2(1) item 4) | Sch 1 (items 49, 97–99, 113) |\n| as amended by |  |  |  |  |\n| Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 | 39, 2022 | 30 Sept 2022 | Sch 1 (items 47D–47F): 1 Oct 2022 (s 2(1) item 2) | — |\n| Social Services and Other Legislation Amendment (Student Assistance and Other Measures) Act 2021 | 42, 2021 | 27 May 2021 | Sch 3 (items 3–5): 28 May 2021 (s 2(1) item 1) | — |\n| Social Services Legislation Amendment (Portability Extensions) Act 2021 | 53, 2021 | 24 June 2021 | Sch 1 (item 9): 1 July 2021 (s 2(1) item 1) | — |\n| Social Security Legislation Amendment (Remote Engagement Program) Act 2021 | 123, 2021 | 7 Dec 2021 | Sch 1 (item 8): 2 June 2022 (s 2(1) item 2)  Sch 1 (items 50–54): 3 Dec 2021 (s 2(1) item 4) | — |\n| Territories Stolen Generations Redress Scheme (Consequential Amendments) Act 2021 | 141, 2021 | 13 Dec 2021 | Sch 1 (items 6, 7): 1 Mar 2022 (s 2(1) item 3) | — |\n| Veterans’ Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Act 2021 | 142, 2021 | 13 Dec 2021 | Sch 1 (items 36–42): 1 Jan 2022 (s 2(1) item 2) | Sch 1 (item 42) |\n| Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Act 2022 | 3, 2022 | 17 Feb 2022 | Sch 1 (items 9–14): 17 Aug 2022 (s 2(1) item 2)  Sch 1 (item 118): 18 Feb 2022 (s 2(1) item 3) | Sch 1 (item 14) |\n| Treasury Laws Amendment (Cost of Living Support and Other Measures) Act 2022 | 14, 2022 | 31 Mar 2022 | Sch 8 (items 15–21): 1 Apr 2022 (s 2(1) item 9) | — |\n| Social Services and Other Legislation Amendment (Pension Loans Scheme Enhancements) Act 2022 | 28, 2022 | 1 Apr 2022 | Sch 1 (items 25, 38): 1 July 2022 (s 2(1) item 1) | Sch 1 (item 38) |\n| Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022 | 32, 2022 | 1 Apr 2022 | Sch 1 (items 123–149, 155, 156, 158–160) and Sch 3: 8 Apr 2022 (s 2(1) items 2, 4)  Sch 2 (items 4, 5) and Sch 9 (items 18, 19): 2 Apr 2022 (s 2(1) items 3, 9) | Sch 1 (items 155, 156, 158–160) and Sch 3 (item 14) |\n| Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 | 39, 2022 | 30 Sept 2022 | Sch 1 (items 1K–1N, 1P–1, 1S, 1T, 7, 11, 15, 17, 19, 28–37, 39, 41–47C, 48, 48B–48G, 48J–48M), Sch 2 (item 1) and Sch 2A (item 1): 1 Oct 2022 (s 2(1) items 2–2B, 4)  Sch 1 (items 59–62, 64–70): 30 Mar 2023 (s 2(1) item 3) | Sch 1 (items 48, 70), Sch 2 (item 1) and Sch 2A (item 1) |\n| Social Security and Other Legislation Amendment (Self‑Employment Programs and Other Measures) Act 2022 | 42, 2022 | 7 Oct 2022 | Sch 2 (item 6): 7 Oct 2022 (s 2(1) item 1) | — |\n| Social Services and Other Legislation Amendment (Workforce Incentive) Act 2022 | 55, 2022 | 23 Nov 2022 | Sch 1 (items 1–18): 1 Jan 2023 (s 2(1) item 2) | Sch 1 (item 18) |","sortOrder":1000053},{"sectionNumber":"full-source-retrieval-0055","sectionType":"document_chunk","heading":"Document excerpt 55","content":"| Act  (Register ID) | Number and year | Assent | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- | --- |\n| Education Legislation Amendment (Startup Year and Other Measures) Act 2023 (C2023A00036) | 36, 2023 | 28 June 2023 | sch 1 (items 92, 93, 95): 29 June 2023 (s 2(1) item 2) | sch 1 (item 95) |\n| Social Security (Administration) Amendment (Income Management Reform) Act 2023 (C2023A00047) | 47, 2023 | 3 July 2023 | 4 Sept 2023 (s 2(1) item 1) | sch 1 (items 80‑82) |\n| Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023 (C2023A00119) | 119, 2023 | 14 Dec 2023 | sch 1 (item 17): 1 Apr 2024 (s 2(1) item 2) | — |\n| Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (C2024A00038) | 38, 2024 | 31 May 2024 | sch 3 (items 141‑182, 218): 14 Oct 2024 (s 2(1) item 2) | — |\n| Social Services and Other Legislation Amendment (More Support in the Safety Net) Act 2024 (C2024A00066) | 66, 2024 | 9 July 2024 | sch 3 (items 11, 12): 9 July 2024 (s 2(1) item 1) | sch 3 (item 12) |\n| Regulatory Reform Omnibus Act 2025 (C2025A00073) | 73, 2025 | 4 Dec, 2025 | sch 1 (items 90‑93, 97, 104‑107, 111‑115): 5 Dec 2025 (s 2(1) item 6) | sch 1 (item 97) |\n\nEndnote 4—Amendment history","sortOrder":1000054},{"sectionNumber":"full-source-retrieval-0056","sectionType":"document_chunk","heading":"Document excerpt 56","content":"| Provision affected | How affected |\n| --- | --- |\n| Part 1 |  |\n| s 2A.................... | ad No 137, 2001 |\n| s 3..................... | am No 45, 2000; No 42, 2021 |\n| s 4..................... | rep No 42, 2021 |\n| s 6A.................... | ad No 47, 2001 |\n|  | am No 17, 2020 |\n| s 6B.................... | ad No 59, 2015 |\n| Part 2 |  |\n| s 8..................... | am No 60, 2015; No 38, 2024 |\n| s 9..................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 10.................... | am No 45, 2000; No 38, 2010; No 13, 2014; No 60, 2015 |\n| Part 3 |  |\n| Division 1 |  |\n| Subdivision A |  |\n| s 11.................... | am No 80, 2001; No 110, 2015; No 46, 2017; No 73, 2025 |\n| Subdivision B |  |\n| s 12.................... | rs No 173, 2007 |\n|  | am No 73, 2025 |\n| s 12A................... | ad No 43, 2001 |\n| s 12AAA................. | ad No 41, 2006 |\n|  | rs No 66, 2007 |\n|  | am No 19, 2008 |\n|  | rep No 107, 2020 |\n| s 12AA.................. | ad No 60, 2004 |\n|  | rs No 19, 2008 |\n| s 12AB.................. | ad No 55, 2005 |\n|  | rep No 19, 2008 |\n|  | ad No 131, 2008 |\n|  | am No 4, 2009; No 13, 2014 |\n| s 12AC.................. | ad No 41, 2006 |\n|  | rep No 19, 2008 |\n|  | ad No 46, 2017 |\n| s 12AD.................. | ad No 66, 2007 |\n|  | rep No 19, 2008 |\n|  | ad No 28, 2019 |\n| s 12AE.................. | ad No 22, 2020 |\n| s 12AF.................. | ad No 97, 2020 |\n| s 12AG.................. | ad No 123, 2021 |\n| s 12AH.................. | ad No 14, 2022 |\n| s 12B................... | ad No 35, 2003 |\n| s 12C................... | ad No 132, 2004 |\n| s 12D................... | ad No 132, 2004 |\n|  | rs No 60, 2009 |\n|  | am No 91, 2015 |\n| s 12DA.................. | ad No 60, 2009 |\n| s 12DB.................. | ad No 141, 2011 |\n|  | am No 122, 2014 |\n| s 12E................... | ad No 182, 2007 |\n| s 12F................... | ad No 44, 2009 |\n| s 12G................... | ad No 35, 2009 |\n| s 12H................... | ad No 17, 2010 |\n|  | am No 55, 2016 |\n| s 12J.................... | ad No 93, 2010 |\n|  | rep No 128, 2015 |\n| s 12K................... | ad No 141, 2011 |\n| s 12L................... | ad No 5, 2013 |\n|  | rep No 96, 2014 |\n|  | ad No 87, 2018 |\n|  | rs No 104, 2019 |\n| s 13.................... | am No 30, 2003; No 31 and 35, 2014; No 55, 2016; No 26, 2018 |\n| s 14.................... | am No 30, 2003; No 108, 2006; No 31, 2014; No 26, 2018 |\n| s 14A................... | ad No 26, 2018 |\n| s 15.................... | am No 45, 2000; No 30, 2003; No 64, 2008 |\n| s 15A................... | ad No 44, 2009 |\n| Subdivision C |  |\n| s 16.................... | am No 82, 2006; No 141, 2011; No 106, 2012; No 143, 2015 |\n| s 17.................... | am No 183, 2007 |\n| s 18.................... | am No 37, 2009 |\n| s 19.................... | rep No 45, 2000 |\n|  | ad No 141, 2011 |\n| Subdivision D heading........ | rep No 33, 2010 |\n| Subdivision E |  |\n| s 21.................... | am No 183, 2007 |\n| Subdivision EA |  |\n| Subdivision EA............ | ad No 183, 2007 |\n| s 26A................... | ad No 183, 2007 |\n| s 26B................... | ad No 183, 2007 |\n| Subdivision EB |  |\n| Subdivision EB............. | ad No 169, 2015 |\n| s 26C................... | ad No 169, 2015 |\n| Subdivision F |  |\n| Subdivision F heading........ | rs No 30, 2003 |\n| s 27.................... | rep No 45, 2000 |\n|  | ad No 30, 2003 |\n| Subdivision FAA |  |\n| Subdivision FAA........... | ad No 62, 2013 |\n| s 27AA.................. | ad No 62, 2013 |\n| Subdivision FA |  |\n| Subdivision FA............. | ad No 82, 2006 |\n| s 27A................... | ad No 82, 2006 |\n| Subdivision FB |  |\n| Subdivision FB............. | ad No 106, 2012 |\n| s 27B................... | ad No 106, 2012 |\n| Subdivision FC............. | ad No 141, 2011 |\n|  | rep No 143, 2015 |\n| s 27C................... | ad No 141, 2011 |\n|  | rep No 143, 2015 |\n| Subdivision FD............. | ad No 35, 2014 |\n|  | rep No 55, 2016 |\n| s 27D................... | ad No 35, 2014 |\n|  | rep No 55, 2016 |\n| Subdivision H |  |\n| s 29.................... | am No 18, 2001; No 108, 2006; No 26, 2018 |\n| s 30.................... | am No 108, 2006 |\n| s 30A................... | ad No 108, 2006 |\n| s 31.................... | am No 45, 2000; No 30, 2003; No 82, 2006; No 82, 2007; No 106, 2012; No 62, 2013 |\n| s 31A................... | ad No 18, 2001 |\n| s 32.................... | am No 98, 2012 |\n|  | rep No 26, 2018 |\n| Subdivision J |  |\n| Subdivision J heading........ | rs No 30, 2003 |\n| s 35.................... | am No 30, 2003 |\n| s 35A................... | ad No 30, 2003 |\n| s 35B................... | ad No 106, 2012 |\n| Division 2 |  |\n| s 36.................... | am No 106, 2012; No 169, 2015 |\n| s 37.................... | am No 80, 2001; No 35, 2003; No 154, 2005; Nos 64 and 108, 2006; No 63, 2008; No 35, 2014; No 55, 2016; No 26, 2018; No 107, 2020 |\n| s 37AA.................. | ad No 149, 2008 |\n|  | am No 102, 2012 |\n| s 37AB.................. | ad No 73, 2025 |\n| s 37A................... | ad No 80, 2001 |\n|  | am No 110, 2015; No 46, 2017; No 73, 2025 |\n| s 39.................... | am No 45, 2000; No 30, 2003; No 106, 2012; No 169, 2015 |\n| Division 2A |  |\n| Division 2A............... | ad No 32, 2022 |\n| Subdivision A |  |\n| s 40A................... | ad No 32, 2022 |\n| s 40B................... | ad No 32, 2022 |\n| s 40C................... | ad No 32, 2022 |\n| s 40D................... | ad No 32, 2022 |\n| s 40E................... | ad No 32, 2022 |\n| s 40F................... | ad No 32, 2022 |\n| s 40G................... | ad No 32, 2022 |\n| Subdivision B |  |\n| s 40H................... | ad No 32, 2022 |\n| s 40J.................... | ad No 32, 2022 |\n| s 40K................... | ad No 32, 2022 |\n| Subdivision C |  |\n| s 40L................... | ad No 32, 2022 |\n| s 40M................... | ad No 32, 2022 |\n| s 40N................... | ad No 32, 2022 |\n| s 40P................... | ad No 32, 2022 |\n| s 40Q................... | ad No 32, 2022 |\n| s 40R................... | ad No 32, 2022 |\n| s 40S................... | ad No 32, 2022 |\n|  | am No 42, 2022 |\n| s 40T................... | ad No 32, 2022 |\n| s 40U................... | ad No 32, 2022 |\n| Subdivision D |  |\n| s 40V................... | ad No 32, 2022 |\n| Subdivision E |  |\n| s 40W................... | ad No 32, 2022 |\n| Division 2B |  |\n| Division 2B............... | ad No 32, 2022 |\n| s 40X................... | ad No 32, 2022 |\n| Division 2C |  |\n| Division 2C............... | ad No 32, 2022 |\n| s 40Y................... | ad No 32, 2022 |\n| Division 3 |  |\n| s 41.................... | am No 80, 2001 |\n| Division 3AA |  |\n| Division 3AA.............. | ad No 26, 2018 |\n| Subdivision A |  |\n| s 42AA.................. | ad No 26, 2018 |\n|  | am No 26, 2018; No 32, 2022 |\n| s 42AB.................. | ad No 26, 2018 |\n| Subdivision B |  |\n| s 42AC.................. | ad No 26, 2018 |\n|  | am No 32, 2022 |\n| s 42AD.................. | ad No 26, 2018 |\n|  | am No 32, 2022 |\n| s 42AE.................. | ad No 26, 2018 |\n|  | am No 32, 2022 |\n| Subdivision C |  |\n| s 42AF.................. | ad No 26, 2018 |\n|  | am No 32, 2022 |\n| s 42AG.................. | ad No 26, 2018 |\n|  | am No 32, 2022 |\n| s 42AH.................. | ad No 26, 2018 |\n|  | am No 32, 2022 |\n| s 42AI................... | ad No 26, 2018 |\n|  | am No 32, 2022 |\n| s 42AJ.................. | ad No 26, 2018 |\n| s 42AK.................. | ad No 26, 2018 |\n| Subdivision D |  |\n| s 42AL.................. | ad No 26, 2018 |\n| s 42AM.................. | ad No 26, 2018 |\n| s 42AN.................. | ad No 26, 2018 |\n| s 42AO.................. | ad No 26, 2018 |\n| s 42AP.................. | ad No 26, 2018 |\n| Subdivision E |  |\n| s 42AQ.................. | ad No 26, 2018 |\n| s 42AR.................. | ad No 26, 2018 |\n|  | am No 32, 2022 |\n| s 42AS.................. | ad No 26, 2018 |\n| Division 3A |  |\n| Division 3A heading......... | rs No 26, 2018 |\n| Division 3A............... | ad No 7, 2009 |\n| Subdivision A |  |\n| Subdivision A............. | rs No 26, 2018 |\n| s 42A................... | ad No 7, 2009 |\n|  | am No 130, 2010; No 48, 2011; No 131, 2014 |\n|  | rs No 26, 2018 |\n|  | am No 26, 2018 |\n| s 42B................... | ad No 7, 2009 |\n|  | rs No 26, 2018 |\n| Subdivision B |  |\n| s 42C................... | ad No 7, 2009 |\n|  | am No 48, 2011; No 173, 2011; No 26, 2018; No 32, 2022 |\n| s 42D................... | ad No 7, 2009 |\n| Subdivision C |  |\n| s 42E................... | ad No 7, 2009 |\n|  | am No 48, 2011; No 173, 2011; No 26, 2018; No 32, 2022 |\n| s 42F................... | ad No 7, 2009 |\n|  | am No 32, 2022 |\n| s 42G................... | ad No 7, 2009 |\n|  | rs No 48, 2011 |\n|  | am No 131, 2014 |\n| s 42H................... | ad No 7, 2009 |\n|  | am Nos 48 and 173, 2011; No 26, 2018 |\n| s 42J.................... | ad No 7, 2009 |\n|  | am No 48, 2011 |\n| s 42K................... | ad No 7, 2009 |\n|  | am No 48, 2011 |\n| s 42L................... | ad No 7, 2009 |\n| Subdivision D |  |\n| s 42M................... | ad No 7, 2009 |\n|  | am No 173, 2011 |\n| s 42N................... | ad No 7, 2009 |\n|  | am No 173, 2011; No 26, 2018; No 32, 2022 |\n| s 42NA.................. | ad No 7, 2009 |\n| s 42NC.................. | ad No 7, 2009 |\n| ss 42P–42R............... | ad No 7, 2009 |\n| Subdivision E |  |\n| s 42S................... | ad No 7, 2009 |\n|  | am No 130, 2010; No 173, 2011; No 35, 2014; No 26, 2018; No 32, 2022 |\n| Subdivision EA |  |\n| Subdivision EA............ | ad No 48, 2011 |\n| s 42SA.................. | ad No 48, 2011 |\n|  | am No 173, 2011; No 131, 2014 |\n| Subdivision EB |  |\n| Subdivision EB............. | ad No 173, 2011 |\n| s 42SB.................. | ad No 173, 2011 |\n|  | am No 32, 2022 |\n| Subdivision EC |  |\n| Subdivision EC............. | ad No 131, 2014 |\n| s 42SC.................. | ad No 131, 2014 |\n|  | am No 26, 2018 |\n| s 42SD.................. | ad No 131, 2014 |\n| Subdivision F |  |\n| s 42T................... | ad No 7, 2009 |\n|  | am No 52, 2012; No 131, 2014 |\n| s 42U................... | ad No 7, 2009 |\n|  | am No 173, 2011; No 131, 2014; No 26, 2018 |\n| s 42UA.................. | ad No 48, 2011 |\n|  | am No 173, 2011; No 131, 2014 |\n| s 42V................... | ad No 7, 2009 |\n|  | am No 131, 2014 |\n| s 42W................... | ad No 7, 2009 |\n| s 42X................... | ad No 7, 2009 |\n|  | am No 131, 2014 |\n| s 42Y................... | ad No 7, 2009 |\n|  | am No 130, 2010 |\n| s 42YA.................. | ad No 48, 2011 |\n| s 42Z................... | ad No 7, 2009 |\n| Subdivision G............. | rep No 48, 2011 |\n| s 42ZA.................. | ad No 7, 2009 |\n|  | rep No 48, 2011 |\n| Division 4 |  |\n| s 43.................... | am No 60, 2009; No 45, 2010; No 141, 2011; No 70, 2013 (as am by No 5, 2015); No 122, 2014 |\n| s 44.................... | am No 95, 2002 |\n| s 45.................... | am No 95, 2002 |\n| s 46A................... | ad No 82, 2006 |\n| s 46B................... | ad No 106, 2012 |\n| s 47.................... | am No 45, 2000; No 70, 2000; No 43, 2001; No 95, 2002; No 60, 2004; No 55, 2005; No 41, 2006; No 82, 2006; No 66, 2007; No 182, 2007; No 183, 2007; No 19, 2008; No 64, 2008; No 131, 2008; No 4, 2009; No 35, 2009; No 17, 2010; No 93, 2010; No 141, 2011; No 106, 2012; No 5, 2013; No 13, 2014; No 35, 2014; No 96, 2014; No 128, 2015; No 143, 2015; No 55, 2016; No 46, 2017; No 87, 2018; No 28, 2019; No 104, 2019; No 22, 2020; No 97, 2020; No 107, 2020; No 14, 2022; No 28, 2022 |\n| s 47A................... | ad No 43, 2001 |\n| s 47AA.................. | ad No 41, 2006 |\n|  | rs No 19, 2008 |\n|  | rep No 107, 2020 |\n| s 47AB.................. | ad No 66, 2007 |\n|  | rep No 19, 2008 |\n|  | ad No 35, 2009 |\n| s 47AC.................. | ad No 46, 2017 |\n| s 47AD.................. | ad No 28, 2019 |\n| s 47AE.................. | ad No 22, 2020 |\n| s 47AF.................. | ad No 22, 2020 |\n| s 47AG.................. | ad No 97, 2020 |\n| s 47AH.................. | ad No 97, 2020 |\n| s 47AI................... | ad No 14, 2022 |\n| s 47B................... | ad No 60, 2004 |\n|  | rs No 19, 2008 |\n| s 47BA.................. | ad No 35, 2014 |\n|  | rep No 55, 2016 |\n| s 47C................... | ad No 55, 2005 |\n|  | rep No 19, 2008 |\n|  | ad No 131, 2008 |\n|  | am No 4, 2009; No 13, 2014 |\n| s 47CA.................. | ad No 13, 2014 |\n| s 47CB.................. | ad No 87, 2018 |\n|  | am No 104, 2019 |\n| s 47D................... | ad No 41, 2006 |\n|  | rep No 19, 2008 |\n|  | ad No 141, 2011 |\n| s 47DAA................. | ad No 141, 2011 |\n|  | am No 143, 2015 |\n| s 47DAB................. | ad No 5, 2013 |\n|  | rep No 96, 2014 |\n| s 47DA.................. | ad No 17, 2010 |\n|  | am No 55, 2016 |\n| s 47DB.................. | ad No 169, 2015 |\n| s 47E................... | ad No 66, 2007 |\n|  | rep No 19, 2008 |\n| s 48.................... | am No 42, 2001; No 55, 2016 |\n| s 48A................... | ad No 132, 2004 |\n|  | am No 5, 2008 |\n| s 48B................... | ad No 132, 2004 |\n|  | am No 5, 2008 |\n|  | rs No 60, 2009 |\n|  | am No 141 2011; No 70, 2013; No 91, 2015 |\n| s 48C................... | ad No 60, 2009 |\n|  | am No 81, 2009; No 70, 2013 |\n| s 48D................... | ad No 141, 2011 |\n|  | am No 70, 2013; No 122, 2014 |\n| s 50A................... | ad No 182, 2007 |\n| s 52.................... | am No 130, 2007; No 26, 2018; No 107, 2020; No 123, 2021 |\n| s 53.................... | am No 26, 2018 |\n| s 54.................... | am No 45, 2010 |\n| s 55.................... | am No 95, 2002; No 30, 2003; No 132, 2004; No 60, 2009; No 141, 2011; No 169, 2015 |\n| s 58.................... | am No 183, 2007; No 169, 2015 |\n| s 59.................... | am No 183, 2007 |\n| Division 5 |  |\n| s 60.................... | am No 130, 2007; No 144, 2015; No 39, 2022 |\n| s 61.................... | rs No 144, 2015 |\n| s 61A................... | ad No 144, 2015 |\n| Division 6 |  |\n| Division 6 heading.......... | rs No 30, 2003 |\n| Subdivision A |  |\n| s 63.................... | am No 147, 2002; No 35, 2003; No 122, 2003; No 154, 2005 |\n|  | rs No 7, 2009; No 48, 2011 |\n|  | am No 26, 2018; No 74, 2019 |\n| s 63A................... | ad No 74, 2019 |\n| s 64.................... | am No 147, 2002; No 30, 2003; No 154, 2005 (as am by No 64, 2006) |\n|  | rs No 7, 2009 |\n|  | am No 48, 2011; No 131, 2014; No 26, 2018; No 74, 2019 |\n| s 65.................... | rep No 26, 2018 |\n| s 66.................... | am No 94, 2000; No 13, 2014; No 26, 2018 |\n| Subdivision B |  |\n| s 66A................... | ad No 91, 2011 |\n|  | am No 91, 2015 |\n| s 67.................... | am No 130, 2007 |\n| s 68.................... | am No 35, 2003; No 132, 2004; No 130, 2007; No 60, 2009; No 91, 2015 |\n| s 69.................... | am No 132, 2004; No 60, 2009; No 91, 2015 |\n| s 70.................... | am No 108, 2006; No 45, 2009 |\n| s 70AA.................. | ad No 39, 2022 |\n| s 70A................... | ad No 130, 2007 |\n| s 70B................... | ad No 144, 2015 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 71.................... | rep No 45, 2000 |\n| s 72.................... | am No 45, 2000; No 137, 2001; No 35, 2003; No 130, 2007; No 39, 2022 |\n| s 73.................... | am No 91, 2011 |\n| s 74.................... | am No 137, 2001; No 130, 2007; No 39, 2022 |\n| Subdivision C |  |\n| s 75.................... | am No 132, 2004; No 63, 2008; No 60, 2009; No 91, 2015 |\n|  | rs No 26, 2018 |\n| s 76.................... | am No 179, 1999 (as am by No 30, 2003); No 30, 2003; No 63, 2008 |\n|  | rs No 26, 2018 |\n| s 77.................... | am No 63, 2008 |\n|  | rs No 26, 2018 |\n| Division 7 |  |\n| Subdivision A |  |\n| s 78A................... | ad No 132, 2004 |\n|  | am No 60, 2009; No 91, 2015 |\n| s 80.................... | am No 122, 2003; No 154, 2005 (as am by No 64, 2006); No 26, 2018 |\n| s 81.................... | am No 45, 2000; No 30, 2003; No 122, 2003; No 26, 2018 |\n| s 81A................... | ad No 61, 2005 |\n| s 82.................... | am No 94, 2000 |\n| s 85.................... | am No 35, 2003; No 149, 2008; No 102, 2012; No 42, 2017; No 74, 2019 |\n| s 85AA.................. | ad No 74, 2019 |\n|  | am No 74, 2019 |\n| s 85A................... | ad No 61, 2005 |\n| Subdivision B |  |\n| s 86.................... | am No 63, 2008; No 26, 2018 |\n| Division 8 |  |\n| Subdivision A |  |\n| s 90A................... | ad No 132, 2004 |\n|  | am No 60, 2009; No 91, 2015 |\n| s 90.................... | am No 73, 2002; No 17, 2018 |\n| s 91.................... | am No 73, 2002; No 17, 2018 |\n| s 92.................... | rep No 30, 2003 |\n| s 93.................... | am No 35, 2003 |\n| s 94.................... | am No 35, 2003 |\n| s 95.................... | am No 35, 2003 |\n| s 95A................... | ad No 108, 2006 |\n| s 95B................... | ad No 44, 2009 |\n| s 95C................... | ad No 42, 2017 |\n| s 95CA.................. | ad No 66, 2024 |\n| s 95D................... | ad No 55, 2022 |\n| s 96.................... | am No 73, 2002; No 154, 2005; No 51, 2012; No 17, 2018; No 26, 2018; No 17, 2020; No 55, 2022 |\n| s 97.................... | am No 154, 2005; No 51, 2012; No 26, 2018; No 17, 2020; No 55, 2022 |\n| s 97A................... | ad No 154, 2005 |\n|  | am No 51, 2012; No 26, 2018; No 55, 2022 |\n| s 97B................... | ad No 154, 2005 |\n|  | am No 26, 2018; No 17, 2020; No 55, 2022 |\n| s 97C................... | ad No 55, 2022 |\n| s 98.................... | am No 73, 2002; No 35, 2003; No 17, 2018 |\n| s 99.................... | am No 35, 2003; No 108, 2006 |\n| s 100................... | am No 35, 2003 |\n| s 101................... | am No 73, 2002; No 17, 2018 |\n| s 102................... | rep No 30, 2003 |\n| Subdivision B |  |\n| s 106A.................. | ad No 80, 2001 |\n| Subdivision C |  |\n| Subdivision C.............. | ad No 80, 2001 |\n| s 106B.................. | ad No 80, 2001 |\n|  | am No 64, 2006; No 13, 2014; No 46,","sortOrder":1000055},{"sectionNumber":"full-source-retrieval-0057","sectionType":"document_chunk","heading":"Document excerpt 57","content":"2017; No 26, 2018 |\n| Division 9 |  |\n| Subdivision A |  |\n| s 107................... | am No 30, 2003 |\n| Subdivision B |  |\n| Subdivision B heading........ | rs No 61, 2005 |\n|  | am No 74, 2019 |\n| s 108................... | am No 61, 2005; No 74, 2019 |\n| s 109................... | am No 94, 2000; No 154, 2005; No 65, 2007; No 159, 2015 |\n| s 109A.................. | ad No 159, 2015 |\n| s 110................... | am No 45, 2000; No 73, 2002; No 30, 2003; No 35, 2003; No 154, 2005; No 159, 2015; No 17, 2018; No 17, 2020 |\n| s 110A.................. | ad No 154, 2005 |\n|  | am No 7, 2009; No 130, 2010; No 26, 2018 |\n|  | ed C123 |\n|  | am No 26, 2018 |\n|  | ed C132 |\n| s 112................... | rep No 35, 2003 |\n| s 113................... | rep No 45, 2000 |\n| s 114................... | am No 30, 2003; No 154, 2005; No 159, 2015 |\n| s 114A.................. | ad No 53, 2021 |\n| Subdivision D |  |\n| s 117................... | am No 61, 2005 |\n| s 118................... | am No 45, 2000; No 94, 2000; No 71, 2001; No 30, 2003; No 35, 2003; No 122, 2003; No 61, 2005; No 154, 2005; No 7, 2009; No 73, 2014; No 159, 2015; No 26, 2018; No 17, 2020; No 32, 2022 |\n| s 119................... | rep No 45, 2000 |\n| s 120................... | am No 45, 2009 |\n| Subdivision E |  |\n| s 121................... | am No 63, 2008; No 26, 2018 |\n| Division 10 |  |\n| s 123................... | am No 47, 2001; No 30, 2003; No 61, 2005; No 63, 2008; No 149, 2008; No 102, 2012; No 116, 2014; No 42, 2017; No 26, 2018 |\n| Division 11 |  |\n| Division 11............... | ad No 159, 2015 |\n| s 123AA................. | ad No 159, 2015 |\n| s 123AB................. | ad No 159, 2015 |\n|  | am No 111, 2018 |\n| s 123AC................. | ad No 159, 2015 |\n| s 123AD................. | ad No 159, 2015 |\n| Part 3A |  |\n| Part 3A.................. | ad No 95, 2002 |\n| Division 1 |  |\n| s 123A.................. | ad No 95, 2002 |\n|  | am No 132, 2004; No 60, 2009; No 141, 2011; No 91, 2015; No 169, 2015 |\n| Division 2 |  |\n| s 123B.................. | ad No 95, 2002 |\n| s 123C.................. | ad No 95, 2002 |\n| s 123D.................. | ad No 95, 2002 |\n| s 123E.................. | ad No 95, 2002 |\n|  | am No 130, 2007; No 50, 2011 |\n| Division 3 |  |\n| s 123F................... | ad No 95, 2002 |\n| Division 4 |  |\n| ss 123G–123L............. | ad No 95, 2002 |\n| Division 5 |  |\n| ss 123M–123S............. | ad No 95, 2002 |\n| Part 3AA |  |\n| Part 3AA................. | ad No 39, 2022 |\n| Division 1 |  |\n| s 123SA................. | ad No 39, 2022 |\n|  | am No 39, 2022; No 47, 2023 |\n| s 123SB................. | ad No 39, 2022 |\n|  | am No 39, 2022; No 47, 2023 |\n| Division 2 |  |\n| Subdivision A |  |\n| Subdivision A heading........ | ad No 47, 2023 |\n| s 123SC................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| Subdivision B |  |\n| Subdivision B.............. | ad No 47, 2023 |\n| s 123SCA................ | ad No 47, 2023 |\n| Subdivision C |  |\n| Subdivision C.............. | ad No 47, 2023 |\n| s 123SCB................ | ad No 47, 2023 |\n| s 123SCC................ | ad No 47, 2023 |\n| s 123SCD................ | ad No 47, 2023 |\n| s 123SCE................ | ad No 47, 2023 |\n| s 123SCF................. | ad No 47, 2023 |\n| s 123SCG................ | ad No 47, 2023 |\n| s 123SCH................ | ad No 47, 2023 |\n| s 123SCI................. | ad No 47, 2023 |\n| Subdivision D |  |\n| Subdivision D............. | ad No 47, 2023 |\n| s 123SCJ................. | ad No 47, 2023 |\n| s 123SCK................ | ad No 47, 2023 |\n| Subdivision E |  |\n| Subdivision E.............. | ad No 47, 2023 |\n| s 123SCL................ | ad No 47, 2023 |\n| s 123SCM................ | ad No 47, 2023 |\n| Subdivision F |  |\n| Subdivision F heading........ | ad No 47, 2023 |\n| s 123SD................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| s 123SDA................ | ad No 47, 2023 |\n| s 123SDB................ | ad No 47, 2023 |\n| s 123SDC................ | ad No 47, 2023 |\n| s 123SDD................ | ad No 47, 2023 |\n| s 123SDE................ | ad No 47, 2023 |\n| s 123SDF................ | ad No 47, 2023 |\n| Subdivision G |  |\n| Subdivision G heading........ | ad No 47, 2023 |\n| s 123SE.................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| s 123SF.................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| s 123SG................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| s 123SH................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| Subdivision H |  |\n| Subdivision H heading........ | ad No 47, 2023 |\n| s 123SI.................. | ad No 39, 2022 |\n|  | am No 39, 2022; No 47, 2023 |\n| s 123SIA................. | ad No 47, 2023 |\n| Division 3 |  |\n| Division 3 heading.......... | rs No 47, 2023 |\n| Subdivision A |  |\n| s 123SJ.................. | ad No 39, 2022 |\n| s 123SK................. | ad No 39, 2022 |\n| s 123SL.................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| Subdivision AA |  |\n| Subdivision AA............ | ad No 47, 2023 |\n| s 123SLA................ | ad No 47, 2023 |\n| s 123SLB................ | ad No 47, 2023 |\n| s 123SLC................ | ad No 47, 2023 |\n| Subdivision AB |  |\n| Subdivision AB............ | ad No 47, 2023 |\n| s 123SLD................ | ad No 47, 2023 |\n| s 123SLE................. | ad No 47, 2023 |\n| s 123SLF................. | ad No 47, 2023 |\n| Subdivision AC |  |\n| Subdivision AC............ | ad No 47, 2023 |\n| s 123SLG................ | ad No 47, 2023 |\n| s 123SLH................ | ad No 47, 2023 |\n| s 123SLI................. | ad No 47, 2023 |\n| Subdivision AD |  |\n| Subdivision AD............ | ad No 47, 2023 |\n| s 123SLJ................. | ad No 47, 2023 |\n| s 123SLK................ | ad No 47, 2023 |\n| s 123SLL................. | ad No 47, 2023 |\n| Subdivision B |  |\n| Subdivision B heading........ | am No 47, 2023 |\n| Subdivision B.............. | ad No 39, 2022 |\n| s 123SM................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| s 123SN................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| s 123SO................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| Subdivision C |  |\n| Subdivision C.............. | ad No 39, 2022 |\n| s 123SP.................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| s 123SQ................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| s 123SR................. | ad No 39, 2022 |\n|  | am No 47, 2023 |\n| Division 4 |  |\n| s 123SS.................. | ad No 39, 2022 |\n| s 123ST.................. | ad No 39, 2022 |\n| s 123STA................ | ad No 47, 2023 |\n| s 123STB................ | ad No 47, 2023 |\n| s 123STC................ | ad No 47, 2023 |\n| Division 5 |  |\n| s 123SU................. | ad No 39, 2022 |\n| s 123SV................. | ad No 39, 2022 |\n|  | ed C155 |\n| s 123SVA................ | ad No 47, 2023 |\n| s 123SW................. | ad No 39, 2022 |\n| Part 3B |  |\n| Part 3B.................. | ad No 130, 2007 |\n| Division 1 |  |\n| s 123TA................. | ad No 130, 2007 |\n|  | am No 63, 2008; No 93, 2010; No 102, 2012 |\n| s 123TB................. | ad No 130, 2007 |\n|  | rs No 93, 2010 |\n| s 123TC................. | ad No 130, 2007 |\n|  | am No 182, 2007; No 63, 2008; No 131, 2008; No 4, 2009; No 25, 2009; No 35, 2009; No 81, 2009; No 38, 2010; No 89, 2010; No 93, 2010; No 103, 2010; No 32, 2011, No 50, 2011; No 141, 2011; No 49, 2012; No 50, 2012; No 102, 2012; No 5, 2013; No 70, 2013; No 13, 2014; No 96, 2014; No 122, 2014; No 128, 2015; No 144, 2015; No 128, 2017; No 17, 2018; No 26, 2018; No 22, 2020; No 97, 2020; No 136, 2020; No 123, 2021; No 142, 2021; No 14, 2022; No 39, 2022; No 119, 2023 |\n| s 123TD................. | ad No 130, 2007 |\n|  | rep No 93, 2010 |\n| s 123TE................. | ad No 130, 2007 |\n|  | rep No 93, 2010 |\n| s 123TF.................. | ad No 130, 2007 |\n| s 123TFA................ | ad No 93, 2010 |\n|  | rep No 102, 2012 |\n| s 123TG................. | ad No 130, 2007 |\n| s 123TGAA............... | ad No 102, 2012 |\n| s 123TGAB............... | ad No 102, 2012 |\n| s 123TGA................ | ad No 63, 2008 |\n| s 123TH................. | ad No 130, 2007 |\n| s 123TI.................. | ad No 130, 2007 |\n| s 123TJ.................. | ad No 130, 2007 |\n| s 123TK................. | ad No 130, 2007 |\n|  | am No 17, 2018; No 142, 2021 |\n| Division 2 |  |\n| Subdivision A |  |\n| s 123UA................. | ad No 130, 2007 |\n| s 123UB................. | ad No 130, 2007 |\n|  | rep No 93, 2010 |\n| s 123UC................. | ad No 130, 2007 |\n|  | am No 50, 2011; No 144, 2015; No 136, 2020; No 39, 2022; No 47, 2023 |\n| s 123UCA................ | ad No 93, 2010 |\n|  | am No 50, 2011; No 102, 2012; No 39, 2022; No 47, 2023 |\n| s 123UCB................ | ad No 93, 2010 |\n|  | am No 50, 2011; No 102, 2012; No 39, 2022; No 47, 2023 |\n| s 123UCC................ | ad No 93, 2010 |\n|  | am No 50, 2011; No 102, 2012; No 39, 2022; No 47, 2023 |\n| s 123UD................. | ad No 130, 2007 |\n|  | am No 50, 2011; No 39, 2022 |\n| s 123UE................. | ad No 130, 2007 |\n|  | am No 50, 2011; No 39, 2022 |\n| s 123UF................. | ad No 130, 2007 |\n|  | am No 38, 2010; No 50, 2011; No 52, 2011; No 154, 2012; No 14, 2014; No 128, 2015; No 74, 2017; No 45, 2019; No 136, 2020 |\n| s 123UFAA............... | ad No 102, 2012 |\n|  | am No 39, 2022; No 47, 2023 |\n| s 123UFA................ | ad No 63, 2008 |\n|  | am No 47, 2023 |\n| Subdivision B.............. | rep No 93, 2010 |\n| s 123UG................. | ad No 130, 2007 |\n|  | rep No 93, 2010 |\n| Subdivision BA |  |\n| Subdivision BA............ | ad No 93, 2010 |\n| s 123UGA................ | ad No 93, 2010 |\n| Subdivision BB |  |\n| Subdivision BB............ | ad No 93, 2010 |\n| s 123UGB................ | ad No 93, 2010 |\n| s 123UGC................ | ad No 93, 2010 |\n|  | am No 128, 2015; No 26, 2018 |\n| s 123UGD................ | ad No 93, 2010 |\n|  | am No 102, 2012; No 128, 2015 |\n| s 123UGE................ | ad No 93, 2010 |\n|  | rep No 128, 2015 |\n| s 123UGF................ | ad No 93, 2010 |\n| s 123UGG................ | ad No 93, 2010 |\n| Subdivision C |  |\n| s 123UH................. | ad No 130, 2007 |\n|  | am No 128, 2015 |\n| s 123UI.................. | ad No 130, 2007 |\n| s 123UJ.................. | ad No 130, 2007 |\n| s 123UK................. | ad No 130, 2007 |\n| s 123UL................. | ad No 130, 2007 |\n| Subdivision D |  |\n| Subdivision D............. | ad No 63, 2008 |\n| s 123UM................. | ad No 63, 2008 |\n|  | am No 93, 2010; No 50, 2011; No 102, 2012 |\n| s 123UN................. | ad No 63, 2008 |\n|  | am No 93, 2010; No 50, 2011; No 102, 2012 |\n| s 123UO................. | ad No 63, 2008 |\n|  | am No 93, 2010; No 50, 2011; No 102, 2012; No 136, 2020; No 47, 2023 |\n| Subdivision E |  |\n| Subdivision E.............. | ad No 136, 2020 |\n|  | rep No 39, 2022 |\n|  | ad No 47, 2023 |\n| s 123UP................. | ad No 63, 2008 |\n|  | rep No 50, 2011 |\n|  | ad No 136, 2020 |\n|  | rep No 39, 2022 |\n|  | ad No 47, 2023 |\n| Division 3 |  |\n| Division 3 heading.......... | rs No 89, 2010 |\n| s 123VA................. | ad No 130, 2007 |\n|  | rs No 89, 2010 |\n| s 123VB................. | ad No 130, 2007 |\n|  | rep No 89, 2010 |\n| s 123VC................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| Division 4 |  |\n| Subdivision A |  |\n| s 123WA................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| ss 123WB–123WF.......... | ad No 130, 2007 |\n| Subdivision B |  |\n| s 123WG................. | ad No 130, 2007 |\n|  | am No 8, 2010 |\n| s 123WH................. | ad No 130, 2007 |\n| s 123WI................. | ad No 130, 2007 |\n| Subdivision C |  |\n| s 123WJ................. | ad No 130, 2007 |\n|  | am No 63, 2008; Nos 38, 89 and 93, 2010; No 102, 2012 |\n| s 123WJA................ | ad No 38, 2010 |\n| s 123WK................. | ad No 130, 2007 |\n| s 123WL................. | ad No 130, 2007 |\n|  | am No 63, 2008; No 38, 2010; No 89, 2010; No 128, 2015 |\n| s 123WM................ | ad No 130, 2007 |\n|  | am No 63, 2008; No 38, 2010 |\n| s 123WN................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| Division 5 |  |\n| Subdivision A............. | rep No 93, 2010 |\n| ss 123XA–123XH........... | ad No 130, 2007 |\n|  | am No 89, 2010 |\n|  | rep No 93, 2010 |\n| Subdivision B |  |\n| ss 123XI, 123XJ............ | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| Subdivision BA |  |\n| Subdivision BA............ | ad No 93, 2010 |\n| s 123XJA................ | ad No 93, 2010 |\n|  | am No 89, 2010; No 70, 2013 |\n| s 123XJB................. | ad No 93, 2010 |\n|  | am No 89, 2010 |\n| Subdivision BB |  |\n| Subdivision BB............ | ad No 93, 2010 |\n| s 123XJC................. | ad No 93, 2010 |\n|  | am No 89, 2010; No 70, 2013 |\n| s 123XJD................ | ad No 93, 2010 |\n|  | am No 89, 2010 |\n| Subdivision C |  |\n| s 123XK................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| s 123XL................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| Subdivision D |  |\n| ss 123XM–123XP........... | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| Subdivision DAA |  |\n| s 123XPAA............... | ad No 102, 2012 |\n| s 123XPAB............... | ad No 102, 2012 |\n| Subdivision DA |  |\n| Subdivision DA............ | ad No 63, 2008 |\n| ss 123XPA, 123XPB......... | ad No 63, 2008 |\n|  | am No 89, 2010 |\n| Subdivision DB |  |\n| Subdivision DB heading....... | rs No 4, 2009 |\n|  | am No 22, 2020 |\n|  | rs No 97, 2020 |\n|  | am No 14, 2022 |\n| Subdivision DB............ | ad No 131, 2008 |\n| s 123XPBA............... | ad No 22, 2020 |\n| s 123XPBB............... | ad No 97, 2020 |\n| s 123XPC................ | ad No 131, 2008 |\n|  | am Nos 89 and 93, 2010 |\n| s 123XPD................ | ad No 4, 2009 |\n|  | am No 89, 2010 |\n| s 123XPE................ | ad No 14, 2022 |\n| Subdivision DC |  |\n| Subdivision DC heading....... | rs No 55, 2016 |\n| Subdivision DC............ | ad No 17, 2010 |\n| s 123XPF................ | ad No 17, 2010 |\n|  | rep No 55, 2016 |\n| s 123XPG................ | ad No 17, 2010 |\n|  | am No 89, 2010 |\n| Subdivision DD............ | ad No 93, 2010 |\n|  | rep No 128, 2015 |\n| s 123XPH................ | ad No 93, 2010 |\n|  | am No 89, 2010 |\n|  | rep No 128, 2015 |\n| s 123XPI................. | ad No 93, 2010 |\n|  | am No 89, 2010 |\n|  | rep No 128, 2015 |\n| Subdivision DE |  |\n| Subdivision DE............ | ad No 141, 2011 |\n| s 123XPJ................. | ad No 141, 2011 |\n| Subdivision DF |  |\n| Subdivision DF............. | ad No 50, 2012 |\n| s 123XPK................ | ad No 50, 2012 |\n| Subdivision DG............ | ad No 50, 2012 |\n|  | rep No 96, 2014 |\n| s 123XPL................ | ad No 50, 2012 |\n|  | rep No 96, 2014 |\n| Subdivision E |  |\n| s 123XQ................. | ad No 130, 2007 |\n| Division 6 |  |\n| Subdivision A |  |\n| s 123YA................. | ad No 130, 2007 |\n|  | am No 93, 2010 |\n| s 123YB................. | ad No 130, 2007 |\n| Subdivision B |  |\n| s 123YC................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123YD................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123YE................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 |\n| s 123YF................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 |\n| s 123YG................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123YH................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123YI.................. | ad No 130, 2007 |\n|  | am No 89, 2010;No 93, 2010; No 50, 2011; No 101, 2012 |\n| s 123YJ.................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 |\n| s 123YK................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123YL................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123YM................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123YN................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| Subdivision C |  |\n| s 123YO................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123YP................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| Subdivision D |  |\n| s 123YQ................. | ad No 130, 2007 |\n|  | am Nos 89 and 93, 2010 |\n| s 123YR................. | ad No 89, 2010 |\n|  | rs No 128, 2015 |\n| Division 7 |  |\n| s 123ZA................. | ad No 130, 2007 |\n|  | rep No 93, 2010 |\n| s 123ZB................. | ad No 130, 2007 |\n| s 123ZC................. | ad No 130, 2007 |\n|  | am No 50, 2011 |\n| s 123ZD................. | ad No 130, 2007 |\n| s 123ZDA................ | ad No 102, 2012 |\n| s 123ZE................. | ad No 130, 2007 |\n|  | am No 50, 2011 |\n| s 123ZEA................ | ad No 130, 2007 |\n| s 123ZEAA............... | ad No 102, 2012 |\n| s 123ZEB................ | ad No 130, 2007 |\n| Division 8 |  |\n| s 123ZF.................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 50, 2011 |\n| s 123ZG................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| s 123ZH................. | ad No 130, 2007 |\n|  | am No 89, 2010; No 93, 2010 |\n|  | rep No 101, 2012 |\n| s 123ZI.................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| s 123ZIA................. | ad No 89, 2010 |\n| s 123ZJ.................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| s 123ZJA................. | ad No 128, 2015 |\n| Division 9 |  |\n| s 123ZK................. | ad No 130, 2007 |\n| s 123ZL................. | ad No 130, 2007 |\n|  | am No 89, 2010 |\n| s 123ZM................. | ad No 130, 2007 |\n|  | am No 36, 2015 |\n| s 123ZN................. | ad No 130, 2007 |\n|  | am No 128, 2015; No 136, 2020; No 39, 2022; No 47, 2023 |\n| s 123ZNA................ | ad No 89, 2010 |\n|  | am No 32, 2011 |\n| s 123ZO................. | ad No 130, 2007 |\n| Part 3C |  |\n| Part 3C.................. | ad No 149, 2008 |\n| Division 1 |  |\n| s 124................... | ad No 149, 2008 |\n|  | am No 102, 2012 |\n| s 124A.................. | ad No 149, 2008 |\n|  | am No 102, 2012 |\n| s 124B..................","sortOrder":1000056},{"sectionNumber":"full-source-retrieval-0058","sectionType":"document_chunk","heading":"Document excerpt 58","content":"| ad No 149, 2008 |\n| s 124C.................. | ad No 149, 2008 |\n| s 124D.................. | ad No 149, 2008 |\n|  | am No 17, 2018; No 142, 2021 |\n| s 124E.................. | ad No 149, 2008 |\n|  | am No 60, 2015 |\n| Division 2 |  |\n| ss 124F–124H, 124J......... | ad No 149, 2008 |\n| Division 3 |  |\n| Division 3................ | rs No 102, 2012 |\n| ss 124K–124N............. | ad No 149, 2008 |\n| Division 3A |  |\n| Division 3A............... | ad No 102, 2012 |\n| s 124NA................. | ad No 102, 2012 |\n| s 124NB................. | ad No 102, 2012 |\n| s 124NC................. | ad No 102, 2012 |\n| s 124ND................. | ad No 102, 2012 |\n| s 124NE................. | ad No 102, 2012 |\n| s 124NF................. | ad No 102, 2012 |\n| s 124NG................. | ad No 102, 2012 |\n| Division 4 |  |\n| s 124P................... | ad No 149, 2008 |\n|  | am No 102, 2012 |\n| Division 5 |  |\n| Division 5................ | ad No 102, 2012 |\n| s 124PA................. | ad No 102, 2012 |\n| Part 3D heading............ | rs No 136, 2020 |\n|  | rep No 39, 2022 |\n| Part 3D.................. | ad No 144, 2015 |\n|  | rep No 39, 2022 |\n| s 124PB................. | ad No 144, 2015 |\n|  | rs No 136, 2020 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PC................. | ad No 144, 2015 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PD................. | ad No 144, 2015 |\n|  | am No 3, 2018; No 26, 2018; No 110, 2018; No 45, 2019; No 22, 2020; No 97, 2020; No 107, 2020; No 136, 2020; No 14, 2022; No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PE.................. | ad No 144, 2015 |\n|  | am No 110, 2018 |\n|  | rep No 39, 2022 |\n| Subdivision A heading........ | rs No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PF.................. | ad No 144, 2015 |\n|  | am No 3, 2018; No 110, 2018; No 45, 2019 |\n|  | rs No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PG................. | ad No 144, 2015 |\n|  | rs No 110, 2018 |\n|  | am No 45, 2019; No 62, 2019; No 136, 2020; No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PGA................ | ad No 110, 2018 |\n|  | am No 45, 2019; No 62, 2019; No 136, 2020; No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PGB................ | ad No 110, 2018 |\n|  | am No 45, 2019; No 62, 2019; No 136, 2020; No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PGC................ | ad No 110, 2018 |\n|  | am No 110, 2018; No 45, 2019; No 62, 2019, No 136, 2020; No 32, 2022; No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PGD................ | ad No 136, 2020 |\n|  | am No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PGE................ | ad No 136, 2020 |\n|  | am No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PH................. | ad No 144, 2015 |\n|  | am No 110, 2018; No 136, 2020; No 39, 2022 |\n|  | rep No 39, 2022 |\n| Subdivision C.............. | ad No 45, 2019 |\n|  | rs No 62, 2019 |\n|  | rep No 39, 2022 |\n| s 124PHA................ | ad No 45, 2019 |\n|  | rs No 62, 2019 |\n|  | am No 136, 2020; No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PHB................ | ad No 62, 2019 |\n|  | am No 136, 2020; No 39, 2022 |\n|  | rep No 39, 2022 |\n| s 124PI.................. | ad No 144, 2015 |\n|  | rep No 110, 2018 |\n| s 124PJ.................. | ad No 144, 2015 |\n|  | am No 110, 2018; No 129, 2020 |\n|  | ed C138 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PK................. | ad No 144, 2015 |\n|  | am No 110, 2018; No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PL.................. | ad No 144, 2015 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PM................. | ad No 144, 2015 |\n|  | am No 110, 2018 |\n|  | rep No 39, 2022 |\n| s 124PN................. | ad No 144, 2015 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PO................. | ad No 144, 2015 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124POA................ | ad No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124POB................ | ad No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124POC................ | ad No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124POD................ | ad No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PP.................. | ad No 144, 2015 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| s 124PQ................. | ad No 144, 2015 |\n|  | am No 110, 2018 |\n|  | rep No 39, 2022 |\n| s 124PQA................ | ad No 110, 2018 |\n|  | rep No 39, 2022 |\n| s 124PR................. | ad No 144, 2015 |\n|  | rep No 39, 2022 |\n| s 124PS.................. | ad No 110, 2018 |\n|  | am No 136, 2020 |\n|  | rep No 39, 2022 |\n| Part 4 |  |\n| Part 4 heading............. | rs No 60, 2015 |\n| Division 1 |  |\n| s 124 (2nd occurring)  Renumbered s 124Q......... | No 149, 2008 |\n| s 125................... | am No 108, 2006 |\n| Division 2 |  |\n| s 126................... | am No 45, 2000; No 80, 2001; No 76, 2013; No 13 and 98, 2014; No 60, 2015; No 38, 2024 |\n| s 126A.................. | ad No 159, 2015 |\n| s 127................... | am No 35, 2003; No 73, 2008; No 5, 2011; No 13, 2014; No 169, 2015; No 136, 2020; No 39, 2022; No 47, 2023 |\n| s 128................... | am No 30, 2003; No 38, 2010; No 60, 2015; No 38, 2024 |\n| s 129................... | am No 45, 2000; No 80, 2001; No 30, 2003; No 38, 2010; No 5, 2011; No 32, 2011; No 141, 2011; No 76, 2013; No 13, 2014; No 98, 2014; No 143, 2015; No 169, 2015 |\n| s 131................... | am No 35, 2003; No 154, 2005; No 64, 2006; No 7, 2009; No 26, 2018 |\n| s 132................... | am No 35, 2003; Nos 64 and 108, 2006 |\n| s 132A.................. | ad No 35, 2003 |\n|  | rep No 154, 2005 |\n| s 133................... | rep No 154, 2005 |\n| s 134................... | rep No 154, 2005 |\n| s 134A.................. | ad No 147, 2002 |\n|  | rep No 154, 2005 |\n| s 135................... | am No 94, 2000; No 30, 2003; No 32, 2011; No 60, 2015 |\n| s 136................... | rs No 45, 2000 |\n| s 137................... | am No 60, 2015; No 38, 2024 |\n| s 138................... | am No 130, 2007; No 60, 2015; No 38, 2024 |\n| Division 3 heading.......... | rep No 60, 2015 |\n| Division 2A |  |\n| Division 2A............... | ad No 169, 2015 |\n| s 138A.................. | ad No 169, 2015 |\n| s 138B.................. | ad No 169, 2015 |\n| s 138C.................. | ad No 169, 2015 |\n| s 138D.................. | ad No 169, 2015 |\n|  | am No 38, 2024 |\n| s 138E.................. | ad No 169, 2015 |\n|  | am No 38, 2024 |\n| s 138F................... | ad No 169, 2015 |\n|  | am No 38, 2024 |\n| s 138G.................. | ad No 169, 2015 |\n| s 138H.................. | ad No 169, 2015 |\n|  | am No 38, 2024 |\n| s 138J................... | ad No 169, 2015 |\n|  | am No 38, 2024 |\n| Part 4A |  |\n| Part 4A heading............ | ad No 60, 2015 |\n|  | am No 38, 2024 |\n| Subdivision A............. | rep No 60, 2015 |\n| Subdivision B heading........ | rep No 60, 2015 |\n| Division 1 |  |\n| Division 1 heading.......... | ad No 60, 2015 |\n| s 139................... | rs No 60, 2015 |\n|  | am No 38, 2024 |\n| Division 2 |  |\n| Division 2 heading.......... | ad No 60, 2015 |\n|  | am No 38, 2024 |\n| Subdivision A |  |\n| Subdivision A heading........ | ad No 60, 2015 |\n| s 140................... | am No 45, 2000; No 80, 2001; No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009; No 76, 2013; No 13 and 98, 2014; No 60, 2015; No 32, 2022; No 38, 2024 |\n| s 140A.................. | ad No 60, 2015 |\n|  | am No 26, 2018 |\n|  | rs No 32, 2022 |\n| s 141................... | am No 154, 2012 |\n|  | rep No 60, 2015 |\n| Subdivision B |  |\n| Subdivision B heading........ | ad No 60, 2015 |\n|  | am No 38, 2024 |\n| s 142................... | am No 45, 2000; No 32, 2011; No 60, 2015; No 38, 2024 |\n| s 142A.................. | ad No 60, 2015 |\n|  | am No 38, 2024 |\n| s 142B.................. | ad No 38, 2024 |\n| s 143................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 |\n|  | rs No 60, 2015 |\n|  | am No 38, 2024 |\n| s 144................... | am No 45, 2000; No 94, 2000; No 122, 2003; No 108, 2006; No 130, 2007; No 7, 2009; No 48, 2009; No 38, 2010; No 5, 2011; No 62, 2013; No 13, 2014; No 98, 2014; No 60, 2015; No 26, 2018; No 136, 2020; No 123, 2021; No 3, 2022; No 39, 2022; No 47, 2023; No 38, 2024 |\n| s 145................... | am No 35, 2003; No 64, 2006; No 7, 2009; No 154, 2012; No 60, 2015; No 26, 2018; No 38, 2024 |\n| s 146................... | am No 35, 2003; Nos 64 and 108, 2006 |\n| Subdivision C |  |\n| Subdivision C heading........ | rs No 38, 2024 |\n| Subdivision C.............. | ad No 60, 2015 |\n| s 146A.................. | ad No 35, 2003 |\n|  | rep No 154, 2005 |\n| s 147................... | rep No 154, 2005 |\n|  | ad No 60, 2015 |\n|  | am No 3, 2022; No 32, 2022; No 38, 2024 |\n| s 147A.................. | ad No 38, 2024 |\n| s 147B.................. | ad No 38, 2024 |\n| s 147C.................. | ad No 38, 2024 |\n| Subdivision D |  |\n| Subdivision D heading........ | am No 38, 2024 |\n| Subdivision D............. | ad No 60, 2015 |\n| s 148................... | rep No 154, 2005 |\n|  | ad No 60, 2015 |\n|  | am No 38, 2024 |\n| s 148A.................. | ad No 147, 2002 |\n|  | rep No 154, 2005 |\n| s 149................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 183, 2007; No 7, 2009; No 32, 2011 |\n|  | rep No 60, 2015 |\n| s 150................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009; No 32, 2011 |\n|  | rep No 60, 2015 |\n| s 151................... | am No 94, 2000; No 147, 2002; Nos 35 and 122, 2003; No 64, 2006; No 7, 2009 |\n|  | rep No 60, 2015 |\n| s 152................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 |\n|  | rep No 60, 2015 |\n| s 153................... | am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 |\n|  | rep No 60, 2015 |\n| s 154................... | am No 32, 2011 |\n|  | rep No 60, 2015 |\n| s 155................... | am No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 156................... | am No 45, 2000; No 8, 2007; No 38, 2010; No 32, 2011 |\n|  | rep No 60, 2015 |\n| Division 4 heading.......... | rep No 60, 2015 |\n| Subdivision A............. | rep No 60, 2015 |\n| s 157................... | am No 38, 2010; No 32, 2011 |\n|  | rep No 60, 2015 |\n| s 158................... | am No 38, 2010; No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 159................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 160................... | am No 45, 2000; No 38, 2010 |\n|  | rep No 60, 2015 |\n| Subdivision B heading........ | rs No 33, 2010 |\n|  | rep No 60, 2015 |\n| Subdivision B.............. | am No 33, 2010 |\n|  | rep No 60, 2015 |\n| s 160A.................. | ad No 33, 2010 |\n|  | rep No 60, 2015 |\n| s 161................... | am Nos 33 and 38, 2010; No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 162................... | am Nos 33 and 38, 2010 |\n|  | rep No 60, 2015 |\n| s 163................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| Subdivision BA............ | ad No 33, 2010 |\n|  | rep No 60, 2015 |\n| s 163A.................. | ad No 33, 2010 |\n|  | am No 38, 2010; No 154, 2012 |\n|  | rep No 60, 2015 |\n| Subdivision BB heading....... | ad No 33, 2010 |\n|  | rep No 60, 2015 |\n| s 164................... | rep No 60, 2015 |\n| s 165................... | am No 38, 2010; No 60, 2015 |\n|  | rep No 3, 2022 |\n| s 165A.................. | ad No 38, 2010 |\n|  | rs No 60, 2015 |\n|  | am No 3, 2022; No 38, 2024 |\n| s 165B.................. | ad No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 165C.................. | ad No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 166................... | am No 38, 2010; No 60, 2015; No 26, 2018; No 38, 2024 |\n| Subdivision BC heading....... | rs No 154, 2012 |\n|  | rep No 60, 2015 |\n| Subdivision BC............ | ad No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 166A.................. | ad No 38, 2010 |\n|  | am No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 166B.................. | ad No 38, 2010 |\n|  | am No 154, 2012 |\n|  | rep No 60, 2015 |\n| Subdivision C heading........ | rep No 60, 2015 |\n| s 167................... | am No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 168................... | am No 38, 2010; No 60, 2015 |\n|  | rs No 38, 2024 |\n| s 169................... | am No 38, 2010 |\n|  | rep No 154, 2012 |\n| Subdivision D heading........ | rep No 60, 2015 |\n| s 170................... | am No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 171................... | am No 38, 2010 |\n|  | rs No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 172................... | am No 38, 2010 |\n|  | rs No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 173................... | rs No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 174................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 175................... | am No 45, 2000; No 30, 2003; No 38, 2010; No 154, 2012; No 13, 2014 |\n|  | rep No 60, 2015 |\n| s 176................... | am No 60, 2015; No 38, 2024 |\n| Subdivision E.............. | rep No 60, 2015 |\n| s 177................... | am No 82, 2007; No 33, 2010; No 38, 2010 |\n|  | rs No 60, 2015 |\n|  | am No 38, 2024 |\n| Subdivision F.............. | ad No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 177A.................. | ad No 38, 2010 |\n|  | rep No 60, 2015 |\n| Subdivision G............. | ad No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 177B.................. | ad No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 177C.................. | ad No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 177D.................. | ad No 154, 2012 |\n|  | rep No 60, 2015 |\n| s 178................... | am No 45, 2000; No 76, 2013; No 13 and 98, 2014 |\n|  | rs No 60, 2015 |\n|  | rep No 38, 2024 |\n| Division 5................ | rep No 60, 2015 |\n| Division 3................ | ad No 60, 2015 |\n|  | rep No 38, 2024 |\n| s 179................... | am No 45, 2000 |\n|  | rs No 60, 2015 |\n|  | rep No 38, 2024 |\n| s 180................... | rs No 60, 2015 |\n|  | am No 132, 2015 |\n|  | rep No 38, 2024 |\n| Division 4 |  |\n| Division 4 heading.......... | rep No 38, 2024 |\n| Division 4................ | ad No 60, 2015 |\n| s 181................... | rs No 60, 2015 |\n|  | am No 38, 2024 |\n| s 182................... | rs No 60, 2015 |\n|  | am No 38, 2024 |\n| s 183................... | rs No 60, 2015 |\n|  | am No 38, 2024 |\n| s 184................... | rep No 60, 2015 |\n| s 185................... | rep No 60, 2015 |\n| s 186................... | am No 32, 2011; No 98, 2014 |\n|  | rep No 60, 2015 |\n| s 187................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| s 188................... | rep No 60, 2015 |\n| s 189................... | rep No 60, 2015 |\n| s 190................... | rep No 94, 2000 |\n| Part 5 |  |\n| Division 1 |  |\n| s 191................... | am No 26, 2018 |\n| s 191A.................. | ad No 26, 2018 |\n| s 192................... | am No 30, 2003; No 122, 2003; No 130, 2007; No 7, 2009; No 26, 2018; No 136, 2020; No 39, 2022 |\n| s 193................... | am No 13, 2014; No 26, 2018 |\n| s 194................... | am No 13, 2014 |\n|  | rs No 26, 2018 |\n| s 195................... | am No 156, 2006; No 130, 2007; No 149, 2008; No 17, 2010; No 102, 2012; No 144, 2015; No 74, 2016; No 33, 2017; No 39, 2022; No 36, 2023 |\n| s 196................... | am No 26, 2018 |\n| s 197................... | am No 137, 2001 |\n| s 197A.................. | ad No 26, 2018 |\n| s 197B.................. | ad No 26, 2018 |\n| s 198................... | am No 26, 2018 |\n| Division 2 |  |\n| s 200................... | am No 137, 2001 |\n| Division 3 |  |\n| s 201................... | am No 38, 2024; No 73, 2025 |\n| s 201A.................. | ad No 122, 2003 |\n|  | am No 13, 2014; No 17, 2020 |\n| s 202................... | am No 45, 2000; No 35, 2003; No 154, 2005; No 108, 2006; No 130, 2007; No 42, 2008; No 149, 2008; No 58, 2009; No 17, 2010; No 32, 2011; No 34, 2011; No 102, 2012; No 197, 2012; No 13, 2014; No 112, 2015; No 126, 2015; No 144, 2015; No 47, 2016; No 74, 2016; No 46, 2018; No 17, 2020; No 141, 2021; No 39, 2022; No 73, 2025 |\n| s 202A.................. | ad No 17, 2020 |\n| s 203................... | am No 137, 2001; No 13, 2014; No 4, 2016; No 17, 2020 |\n| s 204................... | am No 137, 2001; No 30, 2003; No 13, 2014; No 4, 2016; No 17, 2020 |\n| s 204A.................. | ad No 94, 2000 |\n|  | am No 26, 2018 |\n| s 204B.................. | ad No 141, 2011 |\n|  | rep No 143, 2015 |\n| s 205................... | am No 137, 2001; No 4, 2016 |\n| s 206................... | am No 13, 2014; No 4, 2016 |\n| s 207................... | am No 45, 2000; No 13, 2014; No 107, 2020 |\n| s 208................... | am No 45, 2000; No 95, 2002; Nos 32 and 79, 2011; No 13, 2014; No 107, 2020; No 73, 2025 |\n| s 208A.................. | ad No 141, 2008 |\n| s 209................... | am No 30, 2003; No 108, 2006 |\n|  | rs No 79, 2011 |\n| Part 6 |  |\n| Division 2 |  |\n| s 212................... | rs No 137, 2001 |\n|  | am No 82, 2006 |\n| s 213................... | rs No 137, 2001 |\n|  | am No 107, 2020 |\n| s 214................... | rs No 137, 2001 |\n|  | am No 107, 2020 |\n| s 215................... | am No 137, 2001 |\n| s 216................... | rs No 137, 2001 |\n| Division 3 |  |\n| s 217................... | am No 4, 2016 |\n| Division 4 |  |\n| s 223................... | am No 61, 2016 |\n| Division 5 |  |\n| Division 5................ | rs No 137, 2001 |\n| Subdivision A |  |\n| s 226................... | rep No 137, 2001 |\n| s 227................... | rep No 137, 2001 |\n| s 228................... | rs No 137, 2001 |\n|  | am No 4, 2010 |\n| Subdivision B.............. | rep No 137, 2001 |\n| ss 229, 230................ | rep No 137, 2001 |\n| Part 7 |  |\n| s 234................... | am No 94, 2000; No 30, 2003; No 154, 2005; No 64, 2006; No 32, 2011 |\n| s 238................... | am No 44, 2000; No 75, 2001; No 141, 2011; No 143, 2015; No 169, 2015 |\n| s 240................... | am No 30, 2003 |\n| s 240A.................. | ad No 80, 2001 |\n|  | am No 110, 2015; No 46, 2017; No 73, 2025 |\n| s 240B.................. | ad No 80, 2001 |\n|  | am No 18, 2001; No 108, 2006; No 113, 2007 |\n| s 240C.................. | ad No 80, 2001 |\n|  | am No 110, 2015; No 46, 2017; No 73, 2025 |\n| s 242................... | am No 30, 200","sortOrder":1000057},{"sectionNumber":"full-source-retrieval-0059","sectionType":"document_chunk","heading":"Document excerpt 59","content":"3; No 32, 2022 |\n| s 243................... | am No 108, 2006 |\n| s 243AA................. | ad No 47, 2023 |\n| s 243A.................. | ad No 42, 2017 |\n| s 243B.................. | ad No 47, 2023 |\n| Part 8 |  |\n| s 253................... | rep No 60, 2015 |\n| s 254................... | rep No 60, 2015 |\n| Part 9................... | rep No 192, 1999 |\n| ss 258–260................ | rep No 192, 1999 |\n| Schedule 1 |  |\n| c 1..................... | am No 45, 2000; No 80, 2001; No 30, 2003; No 130, 2007; Nos 19 and 149, 2008; Nos 7 and 58, 2009; Nos 5 and 58, 2011; Nos 102 and 154, 2012; No 62, 2013; No 13, 2014; No 131, 2014; No 60, 2015; No 144, 2015; No 26, 2018; No 87, 2018 |\n|  | ed C128 |\n|  | am No 74, 2019; No 104, 2019; No 123, 2021; No 32, 2022; No 38, 2024 |\n| Schedule 2 |  |\n| Part 1 |  |\n| c 2..................... | am No 80, 2001 |\n| Part 2 |  |\n| c 3..................... | am No 80, 2001; No 110, 2015; No 46, 2017; No 26, 2018 |\n| c 4..................... | am No 45, 2000; No 52, 2012; No 26, 2018 |\n| c 4A.................... | ad No 26, 2018 |\n|  | am No 26, 2018 |\n| c 5..................... | am No 154, 2005; No 64, 2006; No 149, 2008; No 7, 2009; No 102, 2012; No 26, 2018 |\n| c 5A.................... | ad No 7, 2009 |\n|  | am No 26, 2018 |\n| Part 3 |  |\n| Division 2 |  |\n| c 13.................... | am No 82, 2006 |\n| c 14.................... | rep No 47, 2016 |\n| c 14A................... | ad No 109, 2004 |\n|  | rep No 47, 2016 |\n| Division 3 |  |\n| c 15.................... | rs No 147, 2002 |\n|  | am No 30, 2003; No 64, 2006; No 26, 2018 |\n| c 15A................... | ad No 45, 2009 |\n| c 16.................... | am No 36, 2006 |\n|  | rep No 55, 2016 |\n| c 17.................... | am No 36, 2006 |\n|  | rep No 55, 2016 |\n| cc 20–27................. | rep No 45, 2000 |\n| c 28.................... | am No 26, 2018 |\n| cc 31, 32................. | am No 70, 2000 |\n| c 33.................... | rep No 26, 2018 |\n| c 36.................... | rep No 45, 2000 |\n| Division 4 |  |\n| Division 4................ | ad No 80, 2001 |\n| c 37.................... | ad No 80, 2001 |\n| Schedule 3................ | rep No 60, 2015 |\n| c 1..................... | am No 38, 2010; No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 2..................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| c 3..................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| c 4..................... | am No 33, 2010 |\n|  | rep No 60, 2015 |\n| c 5..................... | rep No 60, 2015 |\n| c 6..................... | am No 38, 2010; No 46, 2011 |\n|  | rep No 60, 2015 |\n| c 7..................... | am No 38, 2010; No 46, 2011; No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 8..................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| c 9..................... | am No 46, 2011 |\n|  | rep No 60, 2015 |\n| c 10.................... | am No 38, 2010; No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 11.................... | rep No 60, 2015 |\n| c 12.................... | am No 8, 2007; No 38, 2010; No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 12A................... | ad No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 12B................... | ad No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 13.................... | rep No 60, 2015 |\n| c 14.................... | am No 146, 1999; No 38, 2010 |\n|  | rep No 60, 2015 |\n| c 15.................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| c 16.................... | rep No 60, 2015 |\n| c 17.................... | am No 26, 2008; No 38, 2010; No 58, 2011 |\n|  | rep No 60, 2015 |\n| c 18.................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| c 19.................... | am No 45, 2000; No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 19A................... | ad No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 20.................... | am No 45, 2000; No 146, 2006; No 82, 2007; No 38, 2010; No 154, 2012 |\n|  | rep No 60, 2015 |\n| c 21.................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| c 22.................... | am No 108, 2006; No 38, 2010 |\n|  | rep No 60, 2015 |\n| c 23.................... | rep No 60, 2015 |\n| c 24.................... | am No 146, 1999 |\n|  | rep No 60, 2015 |\n| c 25.................... | am No 38, 2010 |\n|  | rep No 60, 2015 |\n| Schedule 4................ | am No 38, 2010; No 154, 2012 |\n|  | rep No 60, 2015 |\n| Schedule 5 |  |\n| Schedule 5 heading.......... | rs No 32, 2011 |\n| c 1..................... | am No 32, 2011 |\n| c 2..................... | am No 108, 2006; No 32, 2011; No 126, 2015 |","sortOrder":1000058}],"analysis":{"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"This Act originated as a procedural administration law for claims and payments. Over time, its scope has greatly expanded to include detailed compliance regimes for unemployment payments (mutual obligations, penalty deductions, serious failure periods), and two major income management regimes (Parts 3AA and 3B) that restrict how welfare payments can be spent. The original administrative framework is now a small part of a much larger law that governs welfare conditionality, financial control of recipients, and behaviour modification through payment restrictions."},"complexity_factors":["Extremely long document: over 250 sections plus schedules in two volumes, with many subsections and paragraphs.","Very large number of defined terms (e.g., multiple categories of welfare payments A through S, 'eligible care child', 'enhanced income management regime').","Heavy cross-referencing within the Act and to the Social Security Act 1991, Family Assistance Act, and Veterans' Entitlements Act.","Multiple nested exceptions and conditional logic, especially in compliance divisions (e.g., Division 3AA vs 3A for different participant categories).","Complex income management regimes (Parts 3AA and 3B) with overlapping rules for different triggers (child protection, school enrolment, voluntary, etc.) and different deduction percentages.","Many provisions allow the Minister or Secretary to make legislative instruments, adding layers of delegated legislation.","Extensive transitional, application, and saving provisions not shown but implied by compilation nature."],"plain_english_summary":"This Act sets out the administrative rules for Australia's social security system. It covers how people apply for payments (like JobSeeker, Age Pension, Disability Support Pension) and concession cards, how claims are assessed, and how payments are made. It also includes rules about mutual obligations for unemployed people (like attending appointments, job searching, and accepting suitable work) and penalties for non-compliance, including payment suspensions or cancellations. A major part of the Act establishes income management regimes (Parts 3AA and 3B), where a portion of a person's welfare payments is quarantined and can only be spent on essential items (like food and housing), and cannot be used on alcohol, gambling, or tobacco. People can be placed on income management automatically (e.g., due to child protection concerns, school enrolment or attendance issues, being a vulnerable welfare recipient, or being a long-term welfare recipient) or voluntarily. The Act also deals with nominees (people appointed to manage payments on behalf of another person), information gathering, and debt recovery. In short, this is the procedural engine room for Centrelink payments and compliance."},"kimi_summary":{"_metrics":{"completionTokens":950},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 1999 scope. The original Act was primarily about claims, payment mechanics, and basic administration. Major expansions include: (1) the 2007 introduction of income management (Part 3B), significantly expanded in 2012 with the 'enhanced' regime (Part 3AA) and extended to child protection, school attendance, and vulnerable welfare recipients; (2) the 2015 restructuring of employment services with employment pathway plans replacing previous activity test requirements; (3) the 2018 compliance framework overhaul creating distinct regimes for 'declared program participants' versus others; and (4) ongoing addition of specific payment types (economic support payments, energy assistance, cost of living payments) with bespoke administrative rules. The Act now functions as both administrative machinery and substantive welfare conditionality law."},"complexity_factors":["257 sections across 2 volumes with extensive cross-referencing to the Social Security Act 1991","Multiple overlapping compliance regimes: Division 3AA (general), Division 3A (declared program participants), and Part 3C (schooling requirements)","Two distinct income management schemes (Part 3AA 'enhanced' and Part 3B) with different triggering conditions, portioning rules, and debit mechanisms","Extensive defined terms and concepts imported from the 1991 Act by reference (subsection 3(2))","Nested exceptions and exemptions throughout — e.g., employment pathway plan requirements have general exemptions (section 40L), specific exemptions (sections 40M-40T), and limitations on what plans can require (sections 40H-40K)","Complex date-of-effect rules in Division 9 with multiple overlapping provisions determining when favourable and adverse determinations take effect","Computerised decision-making provisions (sections 6A, 83, 84, 88, 103, 106) creating deemed determinations","Multiple penalty structures: payment suspension periods, instalment reductions, cancellation with post-cancellation non-payment periods, and serious failure periods","Detailed procedural requirements for notices, time limits, and reasonable excuses with legislative instruments determining substantive matters"],"plain_english_summary":"This is the **Social Security (Administration) Act 1999**, the main law that sets out how Australia's social security payments and concession cards are administered. Think of it as the 'rulebook' for how Centrelink (the government agency) manages welfare payments.\n\n**What it does:**\n\n- **Claims and applications**: Sets out how people apply for payments (pensions, benefits, allowances) and concession cards — including when claims are automatically 'deemed' to be made, time limits for claiming, and special rules for people in prison or with disabilities.\n\n- **Employment pathway plans**: Requires people receiving certain payments (like JobSeeker Payment) to enter into agreements about what they'll do to find work, with rules about what's reasonable and exemptions for things like caring responsibilities, domestic violence, or health issues.\n\n- **Compliance and penalties**: Establishes a complex system of 'failures' and penalties for not meeting obligations — including payment suspensions, reductions, and cancellations for things like missing appointments, refusing suitable work, or becoming unemployed through misconduct.\n\n- **Income management**: Contains two major schemes (Part 3AA 'enhanced' and Part 3B 'standard') that allow the government to quarantine a portion of welfare payments for essential needs only — used for child protection, school attendance, vulnerable recipients, and in the Northern Territory.\n\n- **Payment mechanics**: Covers how payments are calculated, when they start and stop, how they're paid (usually fortnightly into bank accounts), and protections against creditors taking social security money.\n\n- **Information requirements**: Gives the Secretary power to require people to provide information, attend interviews, undergo medical assessments, and notify of changes in circumstances.\n\n- **Reviews and appeals**: Establishes processes for the Secretary to review decisions and sets rules about when decisions take effect.\n\n**Who it affects:**\nAnyone receiving or claiming Australian social security payments — including age pensioners, people with disabilities, carers, job seekers, students, and parents. It also affects concession card holders and people subject to income management.\n\n**Why it matters:**\nThis Act touches millions of Australians and contains powerful tools for government intervention in people's lives — from controlling how welfare money is spent to penalising non-compliance. The income management provisions have been particularly controversial, especially their application to Indigenous communities."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-administration-act-1999","history":"/api/acts/social-security-administration-act-1999/history","analysis":"/api/acts/social-security-administration-act-1999/analysis","conflicts":"/api/acts/social-security-administration-act-1999/conflicts","importantCases":"/api/acts/social-security-administration-act-1999/important-cases","documents":"/api/acts/social-security-administration-act-1999/documents"}}