What it does
The Social Security Act 1991 (the Act) establishes the legislative framework for the qualification, payability, rate calculation and administration of key social security pensions and benefits in Australia. It commences on 1 July 1991 (section 2) and applies Chapter 2 of the Criminal Code to offences (section 3), with extension to Norfolk Island (section 3AA). Part 1.1 addresses formalities, including citation (section 1) and the operation of tables, keys, notes and rate calculators as integral to provisions (section 39). Part 1.2 provides the definitional foundation, with section 3B directing to sections 4 to 23 and subsection 23(1) serving as the Dictionary for terms such as social security pension (including age pension, disability support pension, carer payment), social security benefit (including jobseeker payment, youth allowance), income support payment, Australian resident, member of a couple, pension age, Impairment Tables, newly arrived resident’s waiting period, seasonal work preclusion period and bereavement period.
Chapter 2 prescribes qualification and payability rules across Parts 2.2 to 2.10 and beyond. Part 2.2 qualifies persons for age pension on reaching pension age with 10 years qualifying Australian residence or exemptions, or prior receipt of specified payments such as widow B pension (section 43(1)-(1C), (4)). Payability ceases if the rate is nil (section 44, except quarterly supplement elections under sections 915A or 1061VA), on multiple entitlement (section 47) or for ABSTUDY students (section 47A). Rates use Pension Rate Calculator A (section 1064) or B (section 1065) for blind persons (section 55). Part 2.2A establishes the pension bonus scheme, accruing lump sums for registered deferrers passing work tests (sections 92C-93WC), closed to new registrations post-20 September 2009 (section 92J) and applications post-1 July 2014 (section 92A). Part 2.3 qualifies for disability support pension persons aged 16 or over with 20+ impairment points under Impairment Tables (section 26), continuing inability to work (section 94(2)) or permanent blindness (section 95), subject to participation plans for under-35s or reviewed 2008-2011 starters (sections 94A-94F). Payability excludes nil rates (section 98), multiple entitlements (section 103), ABSTUDY (section 103A) and seasonal work (section 104). Rates apply Calculators A, B, D or E (section 117), plus approved program supplements (section 118).