CTHIn ForceAct
Social Security Act 1991
38MLoss of social security payments and concessions for persons
Start here
Get a plain-English read of 38M
Turn the raw legal text into a practical explanation grounded in Social Security Act 1991.
#### 38M Loss of social security payments and concessions for persons
(1) If a benefit restriction notice is given to the Minister in relation to a person, then while the notice is in force:
(a) no social security payment is to be paid to the person; and
(b) the person is not qualified for a social security payment; and
(c) a social security payment is not payable to the person; and
(d) the person is not qualified for a concession card.
> Note: A benefit restriction notice is a notice under section 38MA or 38N.
(2) If a benefit restriction notice is given to the Minister in relation to a person, then any social security payment of the person is cancelled on the day the notice comes into force.
(3) If a benefit restriction notice is given to the Minister in relation to a person, then any concession card the person holds is cancelled on the day the notice comes into force.
(4) If a benefit restriction notice given to the Minister in relation to a person ceases to be in force, then for any day while the notice was in force:
(a) the person is not qualified for a social security payment; and
(b) a social security payment is not payable to the person; and
(c) the person is not qualified for a concession card.
(5) Subsections (1) to (4) have effect despite any other provision of the social security law.
(6) If a person’s social security payment is cancelled by subsection (2), or a person’s concession card is cancelled by subsection (3), the Secretary must cause reasonable steps to be taken to notify the person of the cancellation.