11
General rule
11 General rule
Subdivision B—Cases where claim not necessary
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11 General rule
Subdivision B—Cases where claim not necessary
12 Deemed claim in certain cases
12A One‑off payment to the aged
12AA One‑off payments to carers
12AB Economic security strategy payment and training and learning bonus
12AC One‑off energy assistance payment
12AD 2019 one‑off energy assistance payment
12AE 2020 economic support payment
12AF Additional economic support payments
12AG Remote engagement program payment
12AH 2022 cost of living payment
12B Language, literacy and numeracy supplement
12C Utilities allowance
12D Energy supplement
12DA Quarterly pension supplement
12DB Quarterly energy supplement
12E Child disability assistance
12F Carer allowance
12G Carer supplement
12H Relocation scholarship payment
12K Clean energy advance
12L FHA supplement and relief payment
13 Deemed claim—person contacting Department about a claim for a social security payment
14 Deemed claim—person contacting Department about a claim for a concession card
14A Determination for purposes of sections 13 and 14
15 Deemed claim—incorrect or inappropriate claims
15A Deemed claim—certain claims for carer allowance
Subdivision C—Manner of making a claim
16 How to make a claim
17 Special requirements regarding claims for pension bonus
18 Additional provisions regarding claim for special employment advance
19 Special requirements regarding claims for essential medical equipment payment
Subdivision E—Time limits for claims for pension bonus
20 Interpretation
21 General rule
22 Last bonus period a full‑year period
23 Last bonus period a part‑year period
24 Claim by exempt partnered person
25 Claim where membership has become non‑accruing
26 Claim where person has post‑75 work period
Subdivision EA—Time limits for claims for pension bonus bereavement payment
26A General rule
26B Extension
Subdivision EB—Time limits for claims for student start‑up loans
26C Time limit for claim
Subdivision F—Time limit for claims for fares allowance
27 Time limit for claim
Subdivision FAA—Time limit for claims for Disaster Recovery Allowance
27AA Time limit for claims for Disaster Recovery Allowance
Subdivision FA—Time limit for claims for AGDRP
27A Time limit for claim
Subdivision FB—Time limit for claims for AVTOP
27B Time limit for claims for AVTOP
Subdivision G—Age requirement for certain claims
28 Claims for disability support pension
Subdivision H—Residence requirements for claimants
29 General rule
30 Residence requirements for claimants for special benefit
30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas
31 Exclusion of certain claims from requirements of section 29
31A Exclusion of certain claims by special category visa holders from section 29 residence requirement
Subdivision I—Withdrawal of claim
33 Right to withdraw
34 Manner of withdrawal
Subdivision J—Special provision for certain claims
35 Claims by persons in gaol etc.
35A Claims for advance pharmaceutical allowance
35B Secondary victim claims for AVTOP
Division 2—Determination of claim
36 Obligation of Secretary to determine claim
37 Grant of claim
37AA Grant of claim—schooling requirements
37AB Grant of claim—eligibility requirements taken to be satisfied etc.
37A Duration of certain health care cards
38 Refusal of claim for special employment advance
39 Deemed refusal of claim
40 Rejection of claim for failure to obtain foreign payment
Division 2A—Employment pathway plans
Subdivision A—Entry into employment pathway plans
40A Requirement to enter into employment pathway plans
40B Use of technological processes
40C Use of questionnaire
40D Employment pathway plans—plans developed by the Employment Secretary
40E Employment pathway plans—streamlined processes
40F Employment pathway plan matters
40G Employment pathway plans—examples of requirements
Subdivision B—What employment pathway plans must not contain
40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work
40J Employment pathway plans not to contain requirements to participate in an approved program of work
40K Employment pathway plans not to contain certain other requirements
Subdivision C—Exemptions from employment pathway plan requirements
40L Circumstances making it unreasonable etc. to comply with requirements
40M Death of person’s partner
40N Domestic violence
40P Caring responsibilities
40Q Pre‑natal and post‑natal relief
40R Persons engaged in work
40S Jobseeker payment rules only
40T Exceptional circumstances
40U General rules
Subdivision D—Variation, cancellation and review of employment pathway plans
40V Variation, cancellation and review of employment pathway plans
Subdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans
40W Notification of circumstances preventing or affecting compliance with employment pathway plans
Division 2B—Circumstances in which paid work is unsuitable
40X Circumstances in which paid work is unsuitable
Division 2C—Guidelines
40Y Guidelines
Division 3—Commencement of social security payment
41 Commencement
42 Start day
Division 3AA—Compliance with participation payment obligations: persons other than declared program participants
42AA Simplified outline of this Division
42AB Division not to apply to declared program participants
Subdivision B—Failures for which compliance action must be taken
42AC Mutual obligation failures
42AD Work refusal failures
42AE Unemployment failures
Subdivision C—Compliance action that must be taken for particular failures
42AF Compliance action for mutual obligation failures
42AG Compliance action for work refusal failures
42AH Compliance action for unemployment failures
42AI Reasonable excuses—matters that must or must not be taken into account
42AJ Reasonable excuses for mutual obligation failures—prior notification required for certain failures
42AK Relationship between provisions of this Subdivision
Subdivision D—Effect of taking particular compliance action
42AL Payment suspension periods for mutual obligation failures and work refusal failures
42AM Reconnection requirements for mutual obligation failures and work refusal failures
42AN Reducing instalments of participation payments for mutual obligation failures
42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments
42AP Cancelling participation payments
Subdivision E—Miscellaneous
42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes
42AR Minister to make determinations for purposes of this Division
42AS Relationship with section 80
Division 3A—Compliance with participation payment obligations: declared program participants
42A Simplified outline of this Division
42B Application of this Division only to declared program participants
Subdivision B—No show no pay failures
42C No show no pay failures
42D Deducting the penalty amount
Subdivision C—Connection and reconnection failures
42E Connection failures
42F Requiring a person to apply for job vacancies
42G Reconnection requirements
42H Reconnection failures
42J Further reconnection requirements
42K Notification requirements
42L Deduction of penalty amount
Subdivision D—Serious failures
42M Serious failure for persistent non‑compliance
42N Serious failure for refusing or failing to accept an offer of paid work
42NA Comprehensive compliance assessment
42NC Determination about serious failure requirements and severe financial hardship
42P Consequences of serious failure
42Q Ending serious failure periods
42R Determining that participation payments payable
Subdivision E—Unemployment resulting from a voluntary act or misconduct
42S Unemployment resulting from a voluntary act or misconduct
Subdivision EA—Immediate non‑payment of participation payments for certain failures
42SA Immediate non‑payment of participation payments for certain failures
Subdivision EB—Failures by certain recipients of parenting payments
42SB Suspension of payments for certain failures
Subdivision EC—Non‑attendance failures
42SC Non‑attendance failures
42SD Deduction of penalty amount
Subdivision F—General provisions
42T Legislative instrument determining method for working out penalty amount
42U Legislative instruments relating to reasonable excuse
42UA Prior notification of excuse
42V Deduction from any participation payment
42W Penalty amount not a debt
42X Payability
42Y Day of determination
42YA Relationship between Subdivisions of this Division
42Z Relationship with section 80
Division 4—Payment of social security payment
43 Payment by instalments
44 Payment of instalments to person or nominee
45 Payment of youth allowance—person under 18 and not independent
46 Payment of special employment advance
46A Payment of AGDRP
46B Payment of AVTOP
47 Payment of lump sum benefits
47A Payment of one‑off payment to the aged
47AB Payment of carer supplement
47AC Payment of one‑off energy assistance payment
47AD Payment of 2019 one‑off energy assistance payment
47AE Payment of first 2020 economic support payment
47AF Payment of second 2020 economic support payment
47AG Payment of additional economic support payment 2020
47AH Payment of additional economic support payment 2021
47AI Payment of 2022 cost of living payment
47B Payment of one‑off payments to carers
47C Payment of economic security strategy payments and training and learning bonuses
47CA Payment of activity supplement or farm financial assessment supplement
47CB Payment of FHA supplement or relief payment
47D Payment of clean energy advance
47DAA Payment of essential medical equipment payment
47DA Relocation scholarship payments
47DB Student start‑up loans
48 Payment of telephone allowance
48A Payment of utilities allowance
48B Payment of energy supplement
48C Payment of quarterly pension supplement
48D Payment of quarterly energy supplement
49 Timing of payment of fares allowance
50 To whom fares allowance is to be paid
50A Payment of child disability assistance
51 Advance in case of severe financial hardship
52 Payment of certain amounts outside Australia
53 Payment of instalments where pension received under other legislation
54 Rounding off instalments of social security payments
55 Payment into bank account etc.
56 Youth allowance—failure to nominate parent
57 Change of particular payday
58 Payment of social security payment after death
59 Payment of pension bonus or pension bonus bereavement payment after death
Division 5—Protection of social security payments
60 Protection of social security payment
61 Deduction at request of recipient—payments to Commissioner of Taxation
61A Deduction at request of recipient—other payments
62 Effect of garnishee or attachment order
Division 6—Requirement to provide information, undergo medical examination etc.
63 Requirement to attend Department etc.
63A Proof of life certificate
64 Effect of failing to comply with requirement to attend Department etc.
66 Notice to obtain foreign payment
Subdivision B—Requirement to give information about change of circumstances etc.
66A General requirement to inform of a change of circumstances etc.
67 Person who has made a claim
68 Person receiving social security payment or holding concession card
69 Person who has received a social security payment or who has held a concession card
70 Care receiver in respect of whom carer payment being made
70AA Person who is subject to the enhanced income management regime etc.
70A Person who is subject to the income management regime etc.
72 Provisions relating to notice
73 Application of provisions
74 Offence—failure to comply with notice
Subdivision C—Provision of tax file numbers
75 Requesting tax file numbers
76 How request for tax file number is satisfied
77 Consequences of not giving tax file number
Division 7—Various determinations
Subdivision A—Provisions relating to social security payments
78A When this Subdivision does not apply
78 Rate increase determination
79 Rate reduction determination
80 Cancellation or suspension determination
81 Cancellation or suspension for non‑compliance with certain notices
81A Rate reduction determination for non‑compliance with notice relating to rent assistance
82 Cancellation or suspension for failure to take action to obtain foreign payment
83 Changes to payments by computer
84 Automatic transfer by computer
85 Resumption of payment after cancellation or suspension—general
85AA Resumption of payment after cancellation or suspension—provision of proof of life certificate
85A Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance
Subdivision B—Provisions relating to concession cards
86 Cancellation—person not qualified
87 Cancellation—non‑compliance with certain notices
88 Changes to qualification by computer
89 Resumption of qualification
Division 8—Automatic cancellations and variations
Subdivision A—Social security payments
90A When this Subdivision does not apply
90 Automatic cancellation—transfer to new payment type
91 Automatic cancellation of parenting payment on transfer to new payment type—member of couple
93 Automatic cancellation—recipient complying with subsection 68(2) notice
94 Automatic cancellation—recipient not complying with subsection 68(2) notice
95 Automatic cancellation—failure to provide statement under subsection 68(2)
95A Automatic cancellation of carer payment for non‑compliance with section 70 notice
95B Automatic suspension or cancellation—carer allowance
95C Social security payment—suspension instead of cancellation under section 93 or 94
95CA Carer payment—suspension instead of cancellation under section 93 or 94
95D Age pension—suspension instead of cancellation under section 93 or 94
96 Disability support pension—suspension instead of cancellation under section 93
97 Disability support pension—suspension taken to have been under section 96
97A Disability support pension—suspension instead of cancellation under section 94 (person obtains work)
97B Disability support pension—suspension instead of cancellation under section 94 (person’s income)
97C Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners)
98 Automatic rate reduction—partner starting to receive pension or benefit
99 Automatic rate reduction—recipient complying with subsection 68(2) notice
100 Automatic rate reduction—recipient not complying with subsection 68(2) notice
101 Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment
103 Changes to payments by computer following automatic cancellation or reduction
Subdivision B—Concession cards
104 Automatic cancellation—holder complying with subsection 68(4) notice
105 Automatic cancellation—holder not complying with subsection 68(4) notice
106 Changes by computer following automatic cancellation
106A Automatic cancellation on cessation of qualification
Subdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards
106B Automatic cancellation
Division 9—Date of effect of determinations
Subdivision A—Determinations relating to claims
107 General rule
Subdivision B—Determinations under section 78, 81A, 85, 85AA or 85A
108 Definition
109 Date of effect of favourable determination resulting from review
109A Date of effect of determination under section 78 resulting from review required by section 126A
110 Date of effect of favourable determination
110A Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance
111 Date of effect of section 78 determination resulting from indexation or adjustment
114 Date of effect of other favourable determinations
114A Date of effect of favourable determination—portability extensions
Subdivision C—Determinations under section 89
115 Definition
116 Date of effect of favourable determination resulting from review—concession cards
Subdivision D—Date of effect of adverse determinations relating to social security payments
117 Definition
118 Date of effect of adverse determinations—general rules
120 Additional rules in the case of carer payment
Subdivision E—Date of effect of adverse determinations relating to concession cards
121 Definition
122 Date of effect of adverse determinations
Division 10—Continuing effect of determinations
123 Continuing effect of determinations
Division 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator
123AA Estimate of maintenance income for Youth Allowance Rate Calculator
123AB Verification of maintenance income for Youth Allowance Rate Calculator
123AC Annualised maintenance income free area
123AD Annual amount of estimated maintenance income
Part 3A—Nominees
Division 1—Preliminary
123A Definitions
Division 2—Appointment of nominees
123B Appointment of payment nominee
123C Appointment of correspondence nominee
123D Provisions relating to appointments
123E Suspension and revocation of nominee appointments
Division 3—Payments to payment nominee
123F Payment of instalments etc. to payment nominee
Division 4—Functions and responsibilities of nominees
123G Definition
123H Actions of correspondence nominee on behalf of benefit recipient
123I Giving of notices to correspondence nominee
123J Compliance by correspondence nominee
123K Notification by nominee of matters affecting ability to act as nominee
123L Statement by payment nominee regarding disposal of money
123M Protection of principal against liability for actions of nominee
123N Protection of nominee against criminal liability
123O Duty of nominee to principal
123P Saving of Secretary’s powers of revocation
123Q Saving of Secretary’s powers to give notices to principal
123R Notification of nominee where notice given to principal
123S Right of nominee to attend with principal
Part 3AA—Enhanced income management regime
123SA Simplified outline of this Part
123SB Definitions
Division 2—Persons subject to the enhanced income management regime
Subdivision A—Queensland Commission
123SC Persons subject to the enhanced income management regime—Queensland Commission
123SCA Persons subject to the enhanced income management regime—child protection
123SCB Persons subject to the enhanced income management regime—school enrolment
123SCC Persons subject to the enhanced income management regime—school attendance
123SCD Eligible care child
123SCE Eligible care period
123SCF Declared primary school area and declared secondary school area
123SCG Applicable school period
123SCH Unsatisfactory school attendance situation
123SCI Formal warning—unsatisfactory school attendance situation
Subdivision D—Referrals by recognised State/Territory authority
123SCJ Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority
123SCK Recognised State/Territory authority
Subdivision E—Vulnerable welfare payment recipients
123SCL Persons subject to the enhanced income management regime—vulnerable welfare payment recipients
123SCM Determination by Secretary—vulnerable welfare payment recipient
Subdivision F—Disengaged youth and long‑term welfare payment recipients
123SD Persons subject to the enhanced income management regime—Northern Territory
123SDA Persons subject to the enhanced income management regime—persons residing in other areas
123SDB Exempt welfare payment recipient—inclusion in specified class
123SDC Exempt welfare payment recipient—person is not the principal carer of a child
123SDD Exempt welfare payment recipient—person is the principal carer of a child
123SDE Full‑time student
123SDF School age child
Subdivision G—Volunteers
123SE Persons subject to the enhanced income management regime—volunteers
123SF Voluntary enhanced income management agreement
123SG Duration of voluntary enhanced income management agreement
123SH Termination of voluntary enhanced income management agreement
Subdivision H—Relationship with other provisions
123SI Relationship with other provisions
123SIA Requests to transfer from the income management regime
Division 3—Portioning of welfare payments
Subdivision A—Persons subject to the enhanced income management regime—Queensland Commission
123SJ Category B welfare payment to be split into qualified and unqualified portions
123SK Payment of balance of qualified portion of category B welfare payment
123SL Recipient’s use of funds from category B welfare payments
Subdivision AA—Persons subject to the enhanced income management regime—child protection
123SLA Category B welfare payment to be split into qualified and unqualified portions
123SLB Payment of balance of qualified portion of category B welfare payment
123SLC Recipient’s use of funds from category B welfare payments
Subdivision AB—Persons subject to the enhanced income management regime—school enrolment and attendance
123SLD Category B welfare payment to be split into qualified and unqualified portions
123SLE Payment of balance of qualified portion of category B welfare payment
123SLF Recipient’s use of funds from category B welfare payments
Subdivision AC—Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority
123SLG Category B welfare payment to be split into qualified and unqualified portions
123SLH Payment of balance of qualified portion of category B welfare payment
123SLI Recipient’s use of funds from category B welfare payments
Subdivision AD—Persons subject to the enhanced income management regime—vulnerable welfare payment recipients
123SLJ Relevant payment to be split into qualified and unqualified portions
123SLK Payment of balance of qualified portion of relevant payment
123SLL Recipient’s use of funds from relevant payments
Subdivision B—Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients
123SM Category D welfare payment to be split into qualified and unqualified portions
123SN Payment of balance of qualified portion of category D welfare payment
123SO Recipient’s use of funds from category D welfare payments
Subdivision C—Persons subject to the enhanced income management regime—volunteers
123SP Category B welfare payment to be split into qualified and unqualified portions
123SQ Payment of balance of qualified portion of category B welfare payment
123SR Recipient’s use of funds from category B welfare payments
Division 4—Information
123SS Disclosure of information to the Secretary—financial institution
123ST Disclosure of information—Queensland Commission
123STA Disclosure of information—child protection
123STB Disclosure of information—school enrolment and attendance
123STC Disclosure of information—referrals by recognised State/Territory authority
123SU BasicsCard bank accounts
123SV Exceptions to Part IV of the Competition and Consumer Act 2010
123SVA Periodic estimates of cost of enhanced income management regime
123SW This Part has effect despite other provisions etc.
Part 3B—Income management regime
123TA Simplified outline
123TB Objects
123TC Definitions
123TF Declared child protection State or Territory
123TG Declared primary school area and declared secondary school area
123TGAA Recognised State/Territory authority
123TGAB Recognised State or Territory
123TGA Declared voluntary income management area
123TH Priority needs
123TI Excluded goods and excluded services
123TJ Pornographic material
123TK Eligible recipient
Division 2—Persons subject to the income management regime
Subdivision A—Situations in which a person is subject to the income management regime
123UA Persons subject to the income management regime
123UC Persons subject to the income management regime—child protection
123UCA Persons subject to the income management regime—vulnerable welfare payment recipients
123UCB Persons subject to the income management regime—disengaged youth
123UCC Persons subject to the income management regime—long‑term welfare payment recipients
123UD Persons subject to the income management regime—school enrolment
123UE Persons subject to the income management regime—school attendance
123UF Persons subject to the income management regime—Queensland Commission
123UFAA Persons subject to the income management regime—other State/Territory referrals
123UFA Persons subject to the income management regime—voluntary income management agreement
Subdivision BA—Additional provisions relating to vulnerable welfare payment recipients
123UGA Vulnerable welfare payment recipients
Subdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients
123UGB Exempt welfare payment recipient—inclusion in specified class
123UGC Exempt welfare payment recipient—person is not the principal carer of a child
123UGD Exempt welfare payment recipient—person is the principal carer of a child
123UGF Full‑time student
123UGG School age child
Subdivision C—Additional provisions relating to school enrolment and attendance
123UH Eligible care child
123UI Applicable school period
123UJ Eligible care period
123UK Unsatisfactory school attendance situation
123UL Formal warning—unsatisfactory school attendance situation
Subdivision D—Voluntary income management agreements
123UM Voluntary income management agreement
123UN Duration of voluntary income management agreement
123UO Termination of voluntary income management agreement
Subdivision E—Relationship with Part 3AA
123UP Payment of credit balances of income management account to BasicsCard bank account
Division 3—Establishment of the Income Management Record
123VA Establishment of the Income Management Record
123VC Bank account
Division 4—Income management accounts
Subdivision A—Income management accounts
123WA Income management accounts
123WB Opening of income management accounts
123WC Closing of income management accounts
123WD Income management accounts may have a nil balance
123WE One income management account per person
123WF Credits to, and debits from, a person’s income management account
Subdivision B—Account statements
123WG Internet and telephone access to account statements etc.
123WH Person may request account statements
123WI Account statements to be given
Subdivision C—Miscellaneous
123WJ Payment of credit balances of income management accounts—person ceases to be subject to the income management regime
123WJA Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again
123WK Payment into bank account etc. of credit balances of income management accounts—person ceases to be subject to the income management regime
123WL Payment of credit balances of income management accounts—person dies
123WM Payment into bank account etc. of credit balances of income management accounts—person dies
123WN Crediting of amounts to income management accounts—Ministerial rules
Division 5—Deductions from welfare payments
123XI Deductions from category I welfare payments—instalments
123XJ Deductions from category I welfare payments—lump sums
Subdivision BA—Vulnerable welfare payment recipients
123XJA Deductions from category I welfare payments—instalments
123XJB Deductions from category I welfare payments—lump sums
Subdivision BB—Disengaged youth and long‑term welfare payment recipients
123XJC Deductions from category I welfare payments—instalments
123XJD Deductions from category I welfare payments—lump sums
123XK Deductions from category I welfare payments—instalments
123XL Deductions from category I welfare payments—lump sums
Subdivision D—Queensland Commission
123XM Deductions from category Q welfare payments—instalments
123XN Deductions from category Q welfare payments—lump sums
123XO Deductions from category S welfare payments—instalments
123XP Deductions from category S welfare payments—lump sums
Subdivision DAA—Other State/Territory referrals
123XPAA Deductions from category I welfare payments—instalments
123XPAB Deductions from category I welfare payments—lump sums
Subdivision DA—Voluntary income management agreements
123XPA Deductions from category I welfare payments—instalments
123XPB Deductions from category I welfare payments—lump sums
Subdivision DB—Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments
123XPBA Deductions from 2020 economic support payments
123XPBB Deductions from additional economic support payments
123XPC Deductions from economic security strategy payments
123XPD Deductions from household stimulus payments
123XPE Deductions from 2022 cost of living payment
Subdivision DC—Relocation scholarship payments
123XPG Deductions from relocation scholarship payments
Subdivision DE—Clean energy income‑managed payments
123XPJ Deductions from clean energy income‑managed payments
Subdivision DF—ETR income‑managed payments
123XPK Deductions from ETR income‑managed payments
Subdivision E—Deducted amount taken to have been paid
123XQ Deducted amount taken to have been paid
Division 6—Debits from income management accounts
123YA Priority needs—application of income management account
123YB Secretary must have regard to the best interests of children
Subdivision B—Restricted debits
123YC Vouchers—general
123YD Vouchers—Part 3B payment nominee
123YE Stored value cards—general
123YF Stored value cards—Part 3B payment nominee
123YG Expense payment—general
123YH Expense payment—Part 3B payment nominee
123YI Crediting of account—general
123YJ Crediting of account—Part 3B payment nominee
123YK Transfers to accounts—general
123YL Transfers to accounts—Part 3B payment nominee
123YM Restricted direct payment—general
123YN Restricted direct payment—Part 3B payment nominee
Subdivision C—Unrestricted debits
123YO Unrestricted direct payment—general
123YP Unrestricted direct payment—Part 3B payment nominee
Subdivision D—Miscellaneous action
123YQ Miscellaneous action
123YR Credit of income management account in error
Division 7—Information
123ZB Information‑gathering powers—school enrolment and attendance
123ZC Child protection—notice of cancellation of category H welfare payments
123ZD Queensland Commission—notice of cancellation of welfare payments
123ZDA Other State/Territory referrals—notice of cancellation of category H welfare payments
123ZE Disclosure of information to the Secretary—child protection
123ZEA Disclosure of information to the Secretary—Queensland Commission
123ZEAA Disclosure of information to the Secretary—other State/Territory referrals
123ZEB Disclosure of information to the Secretary—school enrolment and attendance
Division 8—Debt recovery etc.
123ZF Person other than payee obtaining payment of a cheque
123ZG Misuse of vouchers and stored value cards
123ZH Repayment of money credited to an account
123ZI Breach of condition relating to crediting of account
123ZIA Balance of income management account falls below value of action taken under Division 6
123ZJ Value of action taken under Division 6 exceeds credit balance of income management account
123ZJA Action purportedly taken under Division 6 as a result of administrative error
Division 9—Miscellaneous
123ZK Secretary must comply with certain directions given by the Queensland Commission
123ZL Surrender of unused vouchers and unused stored value cards
123ZM Vouchers
123ZN Appropriation
123ZNA Recording of amounts in accounts and records
123ZO This Part has effect despite other provisions etc.
An Act to provide for the administration of the social security law, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Social Security (Administration) Act 1999.
2 Commencement
(1) Subject to subsections (2) and (3), this Act commences on 20 March 2000.
(2) This Part and section 257 commence on the day on which this Act receives the Royal Assent.
(3) Section 54 commences on 1 July 2000.
2A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
3 Interpretation
(1) Unless a contrary intention appears, an expression that is defined in Schedule 1 has in this Act the meaning given in that Schedule.
(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.
(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.
(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.
5 Manner of giving notice
(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.
(2) Nothing in subsection (1) prevents a notice being given in accordance with section 28A of the Acts Interpretation Act 1901.
6 Effect of certain determinations
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.
6A Secretary may arrange for use of computer programs to make decisions
(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.
Note: 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.
(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.
6B Norfolk Island
This Act extends to Norfolk Island.
Part 2—General administration of social security law
7 General administration of social security law
The Secretary is, subject to any direction of the Minister, to have the general administration of the social security law.
8 Principles of administration
In administering the social security law, the Secretary is to have regard to:
(a) the desirability of achieving the following results:
(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;
(ii) the ready availability of publications containing clear statements about income support entitlements and procedural requirements;
(iii) the delivery of services under the law in a fair, courteous, prompt and cost‑efficient manner;
(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;
(v) the establishment of procedures to ensure that abuses of the social security system are minimised; and
(b) the special needs of disadvantaged groups in the community; and
(c) the need to be responsive to the interests of the Aboriginal and Torres Strait Islander communities and to cultural and linguistic diversity; and
(d) the importance of the system of review of decisions under the social security law; and
(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
(f) the need to apply government policy in accordance with the law and with due regard to relevant decisions of the ART.
10 Agreement on administrative arrangements
(2) The Secretary and the Employment Secretary may agree on administrative arrangements to further the objectives of Part 2.12 of the 1991 Act.
(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.
Part 3—Provision of benefits
Division 1—Claim for social security payment or concession card
Subdivision A—Need for claim
11 General rule
(1) Subject to subsections (2) and (3) and Subdivision B, a person who wants to be granted:
(a) a social security payment; or
(b) a concession card;
must make a claim for the payment or card in accordance with this Division.
(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.
(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.
Subdivision B—Cases where claim not necessary
12 Deemed claim in certain cases
(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).
When a claim is taken to be made
(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:
(a) the day that is 13 weeks before the day on which the Secretary’s determination is made; or
(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.
Some eligibility requirements taken to be satisfied etc.
(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.
(4) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new payment if:
(a) the new requirement is the same as an eligibility requirement (the current requirement) for the other payment; and
(b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and
(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.
(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:
(a) treat the new factor as existing in relation to the person, if:
(i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and
(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
(b) treat the new factor as not existing in relation to the person, if:
(i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and
(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.
Other powers not limited
(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):
(a) treat a person as having satisfied an eligibility requirement;
(b) treat an eligibility factor as existing, or not existing, in relation to a person.
(7) In this section:
eligibility factor, for an income support payment, means a fact, matter or circumstance the existence of which in relation to a person is relevant to:
(a) whether the person qualifies for the payment; or
(b) whether the payment is payable to the person.
eligibility requirement, for an income support payment, means a requirement that a person must satisfy:
(a) to qualify for the payment; or
(b) for the payment to be payable to the person.
12A One‑off payment to the aged
A claim is not required for one‑off payment to the aged.
12AA One‑off payments to carers
A claim is not required for the following:
(a) one‑off payment to carers (carer allowance related);
(b) one‑off payment to carers (carer payment related);
(c) 2005 one‑off payment to carers (carer payment related);
(d) 2005 one‑off payment to carers (carer service pension related);
(e) 2005 one‑off payment to carers (carer allowance related);
(f) 2006 one‑off payment to carers (carer payment related);
(g) 2006 one‑off payment to carers (wife pension related);
(h) 2006 one‑off payment to carers (partner service pension related);
(i) 2006 one‑off payment to carers (carer service pension related);
(j) 2006 one‑off payment to carers (carer allowance related);
(k) 2007 one‑off payment to carers (carer payment related);
(l) 2007 one‑off payment to carers (wife pension related);
(m) 2007 one‑off payment to carers (partner service pension related);
(n) 2007 one‑off payment to carers (carer service pension related);
(o) 2007 one‑off payment to carers (carer allowance related);
(p) 2008 one‑off payment to carers (carer payment related);
(q) 2008 one‑off payment to carers (wife pension related);
(r) 2008 one‑off payment to carers (partner service pension related);
(s) 2008 one‑off payment to carers (carer service pension related);
(t) 2008 one‑off payment to carers (carer allowance related).
12AB Economic security strategy payment and training and learning bonus
A claim is not required for an economic security strategy payment or training and learning bonus.
12AC One‑off energy assistance payment
A claim is not required for a one‑off energy assistance payment under Part 2.6 of the 1991 Act.
12AD 2019 one‑off energy assistance payment
A claim is not required for a one‑off energy assistance payment under Part 2.6A of the 1991 Act.
12AE 2020 economic support payment
A claim is not required for:
(a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or
(b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act.
12AF Additional economic support payments
A claim is not required for:
(a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or
(b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act.
12AG Remote engagement program payment
A claim is not required for a remote engagement program payment.
12AH 2022 cost of living payment
A claim is not required for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act.
12B Language, literacy and numeracy supplement
A claim is not required for language, literacy and numeracy supplement.
12C Utilities allowance
A claim is not required for utilities allowance.
12D Energy supplement
A claim is not required for energy supplement under Part 2.25B of the 1991 Act.
12DA Quarterly pension supplement
A claim is not required for quarterly pension supplement.
12DB Quarterly energy supplement
A claim is not required for quarterly energy supplement.
12E Child disability assistance
A claim is not required for child disability assistance.
12F Carer allowance
A claim is not required for carer allowance if the person qualifies for the carer allowance under section 954B.
12G Carer supplement
A claim is not required for carer supplement.
12H Relocation scholarship payment
A claim is not required for a relocation scholarship payment.
12K Clean energy advance
A claim is not required for a clean energy advance.
12L FHA supplement and relief payment
A claim is not required for FHA supplement or relief payment.
13 Deemed claim—person contacting Department about a claim for a social security payment
(a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and
(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
(d) the person lodges a claim for the social security payment within 14 days after the Department is contacted;
the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(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
(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
(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
(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
(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;
the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(3) For the purposes of the social security law, if:
(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
(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
(b) the claimant is, on the day on which the Department is contacted, qualified for the social security payment; and
(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
(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
(ii) throughout that period, the other person suffered from a medical condition; and
(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;
the claimant is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(3A) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and
(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
(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
(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;
the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(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.
(5) This section has effect subject to section 18.
14 Deemed claim—person contacting Department about a claim for a concession card
(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
(d) the person lodges a claim for the concession card within 14 days after he or she contacts the Department;
(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
(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
(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
(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;
(3) For the purposes of the social security law, if:
(a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a concession card; and
(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
(b) the claimant is, on the day on which the Department is contacted, qualified for the concession card; and
(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
(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
(ii) throughout that period, the other person suffered from a medical condition; and
(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;
the claimant is taken to have made a claim for the concession card on the day on which the Department was contacted.
(3A) For the purposes of the social security law, if:
(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
(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
(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;
(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.
14A Determination for purposes of sections 13 and 14
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).
15 Deemed claim—incorrect or inappropriate claims
(a) a person makes an incorrect claim; and
(b) the person subsequently makes a claim for a social security payment for which the person is qualified; and
(c) the Secretary is satisfied that it is reasonable that this subsection be applied;
the 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.
(2) For the purposes of this section, a claim made by a person is an incorrect claim if:
(a) the claim is for a social security payment, other than a supplementary payment; and
(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.
(3) For the purposes of this section, a claim made by a person is an incorrect claim if:
(a) the claim is for a supplementary payment; and
(b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another supplementary payment.
(4) For the purposes of the social security law, if:
(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
(b) when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and
(c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the later claim); and
(4A) For the purposes of the social security law, if:
(a) a person makes a claim for an income support payment (the initial claim); and
(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
(c) the person subsequently makes a claim for the other income support payment (the later claim); and
(4B) For the purposes of the social security law, if:
(a) a person makes a claim for a supplementary payment (the initial claim); and
(b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the other supplementary payment); and
(c) the person subsequently makes a claim for the other supplementary payment (the later claim); and
(5) In this section:
supplementary payment means:
(a) carer allowance; or
(c) education entry payment; or
(j) pensioner education supplement.
15A Deemed claim—certain claims for carer allowance
Claim for carer payment rejected
(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
(b) the Secretary makes a determination rejecting the claim; and
(c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and
(d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and
(e) the Secretary is satisfied that it is reasonable that this section be applied;
the 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.
Carer payment suspended or cancelled
(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
(b) the Secretary makes a determination cancelling or suspending the carer’s carer payment; and
(c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and
(d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and
(e) the Secretary is satisfied that it is reasonable that this section be applied;
the 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.
Subdivision C—Manner of making a claim
16 How to make a claim
(1) A person makes a claim for a social security payment or a concession card:
(a) by lodging a written claim for the payment or card; or
(b) by making the claim in accordance with subsection (7).
(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.
(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.
(4) A written claim is lodged by being delivered:
(a) to a person apparently performing duties at a place approved for the purpose by the Secretary; or
(b) to a person approved for the purpose by the Secretary; or
(c) in a manner, and to a place, approved for the purpose by the Secretary.
(5) Subject to subsection (6), a place or person approved for the purposes of subsection (4) must be a place or person in Australia.
(6) The Secretary may approve a place or person outside Australia for the purposes of subsection (4) for the lodgment of:
(a) claims made under a scheduled international social security agreement; or
(b) claims for AGDRP in relation to a major disaster that occurred outside Australia; or
(c) claims for AVTOP.
(7) A person may make a claim in a manner approved by the Secretary for the purposes of this subsection.
(8) The power of the Secretary to make an approval under subsection (7) is not limited by any other provision of this section.
17 Special requirements regarding claims for pension bonus
(1) A claim for pension bonus must be:
(a) attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or
(b) made in accordance with an invitation under subsection (3); or
(c) the subject of a determination under subsection (5).
(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.
(a) a person makes a claim for an age pension; and
(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:
(i) the pension bonus scheme; or
(ii) the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and
(c) the person is, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and
(d) a claim by the person for pension bonus is not attached to the claim for age pension;
the Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus:
(e) within such period after the lodgment of the claim for age pension as is specified in the notice; and
(f) at such place as in specified in the notice.
(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.
(a) a person who is a registered member of the pension bonus scheme lodges a claim for age pension; and
(b) a claim for pension bonus for the person is lodged after the claim for age pension; and
(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;
the Secretary may determine that the claim for the pension bonus is taken to have been made at the time the person claimed age pension.
(6) The Secretary may, by legislative instrument, make guidelines for the purposes of subsection (5).
18 Additional provisions regarding claim for special employment advance
(1) A claim for special employment advance must specify the amount of special employment advance sought.
(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.
(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
(b) the claim is lodged before the day referred to in subsection (2);
the 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.
(4) A claim based on the need for financial assistance from the Commonwealth to take up offered employment must set out:
(a) particulars (including the duration) of the employment; and
(b) the way in which the financial assistance is to be expended to enable the claimant to take up the employment.
19 Special requirements regarding claims for essential medical equipment payment
(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.
(a) a person who provides care and attention for a person with medical needs makes a claim for an essential medical equipment payment; and
(b) the person with medical needs is not a dependent child of that or any other person;
the claim must be signed by the person with medical needs.
Subdivision E—Time limits for claims for pension bonus
20 Interpretation
An expression used in this Subdivision has the same meaning as it has in Part 2.2A of the 1991 Act.
21 General rule
(1) A claim for pension bonus must be made within the lodgment period fixed by this Subdivision.
(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.
(3) Subsection (2) does not apply in relation to a claim for which the lodgment period is fixed by subsection 23(1).
22 Last bonus period a full‑year period
(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:
(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
(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
(c) the person is a post‑75 member of the pension bonus scheme and has a post‑75 work period (see subsection 26(2)).
(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.
23 Last bonus period a part‑year period
(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:
(a) the period of 13 weeks beginning at the end of that bonus period; or
(b) if the Secretary allows a longer period—that longer period.
However, this subsection does not apply if:
(c) the person is an exempt partnered person (see subsection 24(2)) at the end of the person’s last bonus period; or
(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
(e) the person is a post‑75 member of the pension bonus scheme and has a post‑75 work period (see subsection 26(2)).
(a) subsection (1) applies to a person’s claim for pension bonus; and
(b) the claim is lodged within a period allowed under paragraph (1)(b);
Division 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.
24 Claim by exempt partnered person
(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:
(a) beginning at the end of that bonus period; and
(b) ending at:
(i) the time of the last occasion on which the person’s partner could have lodged a claim for a pension bonus; or
(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);
whichever comes first.
(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:
(a) the person’s partner is an accruing or non‑accruing member of the pension bonus scheme; or
(b) the person’s partner is an accruing or non‑accruing member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act.
25 Claim where membership has become non‑accruing
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:
(a) beginning at the end of the person’s last bonus period; and
(b) ending 13 weeks after the time when the person’s membership of the scheme ceases to be non‑accruing.
26 Claim where person has post‑75 work period
(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.
(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:
(a) the person’s claim for pension bonus nominates a particular period as the person’s post‑75 work period;
(b) the nominated period begins immediately after the end of the person’s last bonus period;
(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.
(3) For the purposes of subsection (2), the test period or test periods applicable to a person are worked out as follows:
(a) identify the extended period, which is that part of the nominated period when the person was neither:
(i) subject to a compensation preclusion period or a carer preclusion period; nor
(ii) covered by a declaration under section 92Q of the 1991 Act;
(b) if the extended period is 365 days or less—the extended period is the only test period;
(c) if the extended period is longer than 365 days—each of the following periods is a test period:
(i) the full‑year period beginning at the start of the extended period;
(ii) if 2 or more succeeding full‑year periods are included in the extended period—each of those full‑year periods;
(iii) the period (if any) consisting of the remainder of the extended period.
(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.
Subdivision EA—Time limits for claims for pension bonus bereavement payment
26A General rule
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.
26B Extension
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.
Subdivision EB—Time limits for claims for student start‑up loans
26C Time limit for claim
(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.
(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.
Subdivision F—Time limit for claims for fares allowance
27 Time limit for claim
(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).
(2) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:
(a) the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and
(b) circumstances beyond the claimant’s control prevented the claim being lodged before the final date.
(3) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:
(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
(b) the claimant has sought to lodge the claim as soon as practicable after those circumstances ceased to exist.
Subdivision FAA—Time limit for claims for Disaster Recovery Allowance
27AA Time limit for claims for Disaster Recovery Allowance
(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.
(2) However, the claim may be lodged more than 6 months after the determination if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgement; and
Subdivision FA—Time limit for claims for AGDRP
27A Time limit for claim
(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.
(2) However, the claim may be lodged more than 6 months after the declaration if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgment; and
Subdivision FB—Time limit for claims for AVTOP
27B Time limit for claims for AVTOP
(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.
(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.
(3) However, a claim may be lodged after the period referred to in subsection (1) or (2) if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgment; and
Subdivision G—Age requirement for certain claims
28 Claims for disability support pension
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.
Subdivision H—Residence requirements for claimants
29 General rule
(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:
(a) is an Australian resident; and
(b) is in Australia.
(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.
30 Residence requirements for claimants for special benefit
A claim for special benefit may only be made by a person who:
(a) is in Australia; and
(b) satisfies one of the following subparagraphs:
(i) the person is an Australian resident;
(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.
30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas
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.
31 Exclusion of certain claims from requirements of section 29
(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.
(1A) Section 29 does not apply to a claim for an AVTOP.
(1B) Section 29 does not apply to a claim for a Disaster Recovery Allowance.
(2) Section 29 does not apply to a claim for parenting payment if:
(a) the claimant is an Australian resident; and
(b) the claimant, while outside Australia, has been receiving an income support payment; and
(c) the income support payment has been cancelled or has ceased to be payable; and
(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.
(3) Section 29 does not apply to a claim for double orphan pension.
31A Exclusion of certain claims by special category visa holders from section 29 residence requirement
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:
(a) the person is a special category visa holder residing in Australia; and
(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.
Subdivision I—Withdrawal of claim
33 Right to withdraw
(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.
(2) A claim that is withdrawn is taken not to have been made.
34 Manner of withdrawal
(1) A claim may be withdrawn orally or in writing or in any other manner approved by the Secretary.
(a) a person claims both a pension bonus and an age pension; and
(b) the claim for an age pension is withdrawn;
the claim for a pension bonus is taken to have been withdrawn.
(a) a person claims both a pension bonus and an age pension; and
(b) the claim for an age pension is rejected as a direct or indirect result of the operation of:
(i) Division 2 of Part 3.12 of the 1991 Act; or
(ii) Part 3.14 of that Act;
the claim for a pension bonus is taken to have been withdrawn.
Subdivision J—Special provision for certain claims
35 Claims by persons in gaol etc.
(1) A person who is:
(a) in gaol; or
(b) undergoing psychiatric confinement because he or she has been charged with an offence;
may 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.
(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.
35A Claims for advance pharmaceutical allowance
(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).
(2) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:
(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
(b) the claim is lodged within 14 days after the end of that instalment period.
(3) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:
(a) the person claims a social security pension in that year; and
(b) the claim for advance pharmaceutical allowance is lodged:
(i) when the claim for the pension is lodged; or
(ii) after the claim for the pension is lodged but before that claim is determined.
(4) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if:
(a) the person has been qualified for pharmaceutical allowance for a period (the qualification period) during the calendar year; and
(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:
(i) pharmaceutical allowance; and
(ii) advance pharmaceutical allowance.
35B Secondary victim claims for AVTOP
(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.
(2) If the Secretary considers there are potential claimants, the Secretary must give each of them a written notice stating that:
(a) he or she may make a claim for an AVTOP as a secondary victim in relation to the close family member; and
(b) he or she must make a claim before the day (the claim due day) specified in the notice; and
(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.
(3) The claim due day must be at least 30 days after the day the notice is given to the potential claimant.
(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.
(5) If the Secretary changes the claim due day under subsection (4), then:
(a) the Secretary must change the claim due day for each of the potential claimants to the new claim day; and
(b) the Secretary must give each of the potential claimants a written notice of the new claim due day; and
(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.
Division 2—Determination of claim
36 Obligation of Secretary to determine claim
(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.
(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.
(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.
(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.
Note: For approved scholarship course, see section 592M of the 1991 Act.
(5) Nothing in subsection (4) affects the operation of section 39.
37 Grant of claim
(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:
(a) the claimant is qualified for the social security payment; and
(b) the social security payment is payable.
(1A) The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that:
(a) the claimant is qualified, or is expected to be qualified, for the payment; and
(b) the payment would be payable apart from the application of a compliance penalty period.
(2) The Secretary must determine that a claim for a jobseeker payment is to be granted if the Secretary is satisfied that:
(a) the claimant is qualified, or is expected to be qualified, for the payment; and
(b) the payment would be payable apart from:
(i) the application of a waiting period; or
(ii) the application of a compliance penalty period; or
(v) the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; or
(vi) the operation of section 615 of the 1991 Act.
(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:
(a) the person is qualified, or is expected to be qualified, for the payment; and
(b) the payment would be payable if the person were not subject to a seasonal work preclusion period.
(4) Subsection (3) applies to the following social security payments:
(c) jobseeker payment;
(d) parenting payment;
(g) youth allowance;
(ga) special benefit;
(h) disability support pension;
(j) carer payment;
(k) austudy payment.
(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
(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);
the Secretary may make a determination varying the first‑mentioned determination to give effect to any change in the person’s start day.
(6) The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that:
(a) the person is qualified, or is expected to be qualified, for the allowance or payment; and
(b) the allowance or payment would be payable, apart from:
(i) the application of a waiting period; or
(ii) the application of a compliance penalty period; or
(v) the application of an income maintenance period where the rate of allowance or payment payable to the person is nil; or
(vi) if the claim is a claim for youth allowance—the operation of section 547AA of the 1991 Act.
(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:
(a) the claimant:
(i) is in gaol; or
(ii) is undergoing psychiatric confinement because he or she has been charged with an offence; and
(b) the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and
(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
(d) either:
(i) in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or
(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
(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.
(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.
Note: 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).
(9) A determination under subsection (8) granting a claim for a seniors health card:
(a) must specify the period at the end of which the determination ceases to have effect; and
(b) unless it has already been cancelled, ceases to have effect at the end of that period.
(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:
(a) must specify the period at the end of which the determination ceases to have effect; and
(b) unless it has already been cancelled, ceases to have effect at the end of that period.
(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).
37AA Grant of claim—schooling requirements
(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:
(a) the person is qualified, or is expected to be qualified, for the payment; and
(b) the payment would be payable if it were not for the application of subsection 124G(1), 124L(1) or 124NE(1).
(2) Subsection (1) does not apply to a schooling requirement payment under the Veterans’ Entitlements Act.
Note 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).
Note 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).
Note 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).
37AB Grant of claim—eligibility requirements taken to be satisfied etc.
(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:
(a) whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit; and
(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.
(2) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new benefit if:
(a) the new requirement is the same as an eligibility requirement (the current requirement) for the current benefit; and
(b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and
(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.
(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:
(a) treat the new factor as existing in relation to the person, if:
(i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and
(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
(b) treat the new factor as not existing in relation to the person, if:
(i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and
(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.
Other powers not limited
(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:
(a) treat a person as having satisfied an eligibility requirement;
(b) treat an eligibility factor as existing, or not existing, in relation to a person.
(5) In this section:
eligibility factor means:
(a) for a social security payment—a fact, matter or circumstance the existence of which in relation to a person is relevant to:
(i) whether the person qualifies for the payment; or
(ii) whether the payment is payable to the person; or
(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.
eligibility requirement means:
(a) for a social security payment—a requirement that a person must satisfy:
(i) to qualify for the payment; or
(ii) for the payment to be payable to the person; or
(b) for a concession card—a requirement that a person must satisfy to qualify for the card.
37A Duration of certain health care cards
(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.
(1A) However, subsection (1) does not apply to a seniors health card issued under subsection 1061ZJA(3), (4) or (5) of the 1991 Act.
(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.
(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.
38 Refusal of claim for special employment advance
(1) Subject to subsection (2), the Secretary must refuse a claim for special employment advance if:
(a) the claim is based on the effect of unreceived income on the claimant’s special employment advance qualifying entitlement; and
(b) the Secretary is satisfied that the income will be received within 2 days after the claim is made.
(2) Subsection (1) does not apply if the Secretary considers that the claimant’s financial needs are such that the claim should be granted.
unreceived income has the same meaning as in subsection 1061EM(1) of the 1991 Act.
39 Deemed refusal of claim
(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.
(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
(b) the person is not, on the day on which the claim is made, qualified for the payment; and
(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
(d) the person becomes so qualified within that period;
the claim is taken, for the purposes of subsection (1), to be made on the day on which the person becomes qualified.
(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:
(a) begins on the day on which the Secretary asks for the information; and
(b) ends on the day on which the information is given to the Secretary;
is not counted for the purpose of subsection (1).
(a) a person makes a claim (the actual claim); and
(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;
then, 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.
(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.
(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.
(8) A determination under subsection (6) is not a legislative instrument.
(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.
40 Rejection of claim for failure to obtain foreign payment
(1) The Secretary may make a determination rejecting a claim for a social security payment if:
(a) the claimant has been given a notice under subsection 66(2); and
(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.
(2) The Secretary may make a determination rejecting a claim for a social security payment if:
(a) the claimant has been given a notice under subsection 66(3); and
(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.
Division 2A—Employment pathway plans
Note: 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).
Subdivision A—Entry into employment pathway plans
40A Requirement to enter into employment pathway plans
No existing employment pathway plan in force
(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:
(i) the person is receiving, or has made a claim for, a jobseeker payment or a youth allowance; or
(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;
(b) the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies and either:
(i) the person is receiving, or has made a claim for, parenting payment; or
(ii) the Department is contacted by or on behalf of the person in relation to a claim for parenting payment;
(c) the person is a nominated visa holder and either:
(i) the person is receiving, or has made a claim for, a special benefit; or
(ii) the Department is contacted by or on behalf of the person in relation to a claim for special benefit.
Existing employment pathway plan already in force
(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.
Notification of requirement
(3) The Employment Secretary must notify a person who is required to enter into an employment pathway plan of the requirement. The notification:
(a) must give the person the option of entering into the plan under section 40D; and
(b) may also give the person the option of entering into the plan under section 40E, taking into account the person’s circumstances.
40B Use of technological processes
(1) The Employment Secretary may arrange for the use of technological processes in relation to the following:
(a) persons entering into employment pathway plans under section 40D or 40E;
(b) the variation of such plans.
Note: 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).
Arrangement not a legislative instrument
(2) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.
40C Use of questionnaire
(1) The Employment Secretary may arrange for the completion of a questionnaire in relation to the following:
(a) persons entering into employment pathway plans under section 40D or 40E;
(b) the variation of such plans.
(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.
Note: For employment pathway plan matters, see section 40F.
(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.
Arrangement not a legislative instrument
(4) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.
40D Employment pathway plans—plans developed by the Employment Secretary
(1) A person enters into an employment pathway plan under this section if:
(a) the person notifies the Employment Secretary that the person accepts the employment pathway plan developed by the Employment Secretary; and
(b) that acceptance occurs after one or more communications between the person and the Employment Secretary in relation to that plan.
Note: For variation of employment pathway plans, see section 40V.
Plan requirements
(2) The employment pathway plan developed by the Employment Secretary must contain one or more requirements that the person is required to comply with.
Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
Optional terms
(3) The employment pathway plan may also contain one or more terms that the person may, but is not required to, comply with.
Approval of requirements
(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).
(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:
(a) the employment pathway plan matters in relation to the person;
(b) the person’s capacity to comply with the requirements;
(c) the person’s needs;
(d) any other matters that the Employment Secretary or the person considers relevant in the circumstances.
Note: For employment pathway plan matters, see section 40F.
40E Employment pathway plans—streamlined processes
(1) A person enters into an employment pathway plan under this section if:
(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
(b) a proposed employment pathway plan is produced as part of those processes that:
(i) contains one or more requirements that the person is required to comply with; and
(ii) may contain one or more terms that the person may, but is not required to, comply with; and
(c) after deciding the person is satisfied with that proposed employment pathway plan, the person accepts that plan as part of those processes.
Note 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.
Note 2: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
Note 3: For variation of employment pathway plans, see section 40V.
(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.
40F Employment pathway plan matters
The employment pathway plan matters in relation to a person are the following:
(a) the person’s education, experience, skills and age;
(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;
(c) the state of the labour market and the transport or other options available to the person in accessing that market;
(d) the participation opportunities available to the person;
(e) the family and caring responsibilities of the person;
(f) the length of travel time required to comply with requirements in an employment pathway plan;
(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.
40G Employment pathway plans—examples of requirements
Seeking, accepting and undertaking paid work
(1) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:
(a) the person actively seeking paid work in Australia;
(b) the person accepting, and being willing to accept, offers of paid work in Australia;
(c) the person undertaking, and being willing to undertake, paid work in Australia;
except particular paid work that is unsuitable to be done by the person.
Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
Undertaking of other activities
(2) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following:
(a) the person undertaking training or study;
(b) the person undertaking voluntary work;
(c) the person participating in an approved program of work for income support payment (subject to section 40J) or in an employment program;
(d) the person attending an interview with a person engaged by an organisation that performs services for the Commonwealth;
(e) the person completing, updating or improving the person’s résumé.
Reporting on compliance
(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.
Parenting payment—health and education
(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:
(a) the person’s education;
(b) the health of a PP child of the person;
(c) the education of a PP child of the person.
No limit on requirements in plans
(5) Subsections (1) to (4) do not limit the requirements that an employment pathway plan may contain.
Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
Subdivision B—What employment pathway plans must not contain
40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work
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:
(a) the person seeking paid work in Australia;
(b) the person accepting offers of paid work in Australia;
(c) the person undertaking paid work in Australia;
that is particular paid work that is unsuitable to be done by the person.
Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
40J Employment pathway plans not to contain requirements to participate in an approved program of work
Parenting payment
(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:
(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
(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
(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.
Youth allowance
(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:
(a) the person is under 18 years of age; or
(b) the person is undertaking full‑time study (see section 541B of the 1991 Act); or
(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
(d) the program of work requires the person to move from a home in one place to a home in another place.
Jobseeker payment
(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:
(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
(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.
Special benefit
(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:
(a) the person is under 18 years of age; or
(b) the person or the person’s partner has income; or
(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.
40K Employment pathway plans not to contain certain other requirements
(1) An employment pathway plan under Subdivision A must not contain a requirement of a kind that the Employment Secretary determines under subsection (2).
(2) The Employment Secretary must, by legislative instrument, determine the kinds of requirements that employment pathway plans must not contain.
Subdivision C—Exemptions from employment pathway plan requirements
40L Circumstances making it unreasonable etc. to comply with requirements
(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.
Circumstances beyond a person’s control
(2) The Employment Secretary may make a determination under this section in relation to the person if:
(a) the Employment Secretary is satisfied that circumstances exist that are beyond the person’s control; and
(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.
Other circumstances
(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.
Exception—misuse of alcohol or another drug
(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.
Examples of relevant circumstances
(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:
(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;
(b) the person experiencing a marriage or relationship breakdown;
(c) the death of an immediate family member of the person;
(d) the person having suffered a significant personal crisis;
(e) the person having been affected by an emergency, disaster or public health crisis.
Revocation of determination
(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.
Later exemptions do not limit this section
(7) Sections 40M to 40T do not limit this section.
40M Death of person’s partner
Claimants
(1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:
(a) the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and
(b) the person makes the claim after the death of the person’s partner; and
(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
(d) if the person was pregnant when the person’s partner died—the person makes the claim:
(i) in the period of 14 weeks starting on the day of the death of the partner; or
(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;
whichever ends later.
The applicable period is the period applicable under paragraph (c) or (d).
Recipients
(2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:
(a) the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and
(b) while the person is receiving the payment, allowance or benefit the person’s partner dies; and
(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
(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:
(i) in the period of 14 weeks starting on the day of the death of the partner; or
(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;
whichever ends later; and
(e) the person is receiving the payment, allowance or benefit on the day of the notification.
The applicable period is the period applicable under paragraph (c) or (d).
40N Domestic violence
(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.
(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.
(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.
40P Caring responsibilities
(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.
Mandatory determination
(2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that:
(a) the person is the principal carer of one or more children and that one or more of the following apply:
(i) the person is a registered and active foster carer;
(ii) the person is a home educator of one or more of those children;
(iii) the person is a distance educator of one or more of those children;
(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
(b) the following apply:
(i) the person is the principal carer of a child;
(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;
(iii) there are 4 or more of the children of whom the person is the principal carer or main supporter; or
(c) the following apply:
(i) the person is not the principal carer of one or more children;
(ii) the person is a registered and active foster carer;
(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
(d) the following apply:
(i) the person is the main supporter of one or more secondary pupil children;
(ii) the person is a home educator or distance educator of one or more of those children; or
(e) the following apply:
(i) the person is the principal carer of one or more children;
(ii) the person is a relative (other than a parent) of a child (the kin child);
(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;
(iv) the person is acting in accordance with the document.
Note 2: For registered and active foster carer see section 5B of the 1991 Act.
Note 3: For home educator see section 5C of the 1991 Act.
Note 4: For distance educator see section 5D of the 1991 Act.
Note 5: For family law order see subsection 23(1) of the 1991 Act.
Note 6: For relative (other than a parent) see section 5E of the 1991 Act.
Note 7: For main supporter see section 5G of the 1991 Act.
Note 8: For secondary pupil child see section 5F of the 1991 Act.
Note 9: See also section 40U (general rules about determinations under this Subdivision).
Discretionary determination
(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:
(a) who suffer from a physical, intellectual or psychiatric disability or illness; and
(b) whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the employment pathway plan requirements.
Note 2: See also section 40U (general rules about determinations under this Subdivision).
Revocation
(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.
40Q Pre‑natal and post‑natal relief
(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).
(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.
40R Persons engaged in work
Persons 55 and over
(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:
(a) unless paragraph (b) applies—the person:
(i) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in that 2‑week period; or
(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
(iii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable; or
(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:
(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
(ii) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable.
(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
(b) an approved organisation is an organisation that has been approved by the Employment Secretary for the purposes of this section.
Principal carers and people with partial capacity to work
(3) A person is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if the person:
(a) is the principal carer of at least one child or has a partial capacity to work; and
(b) is engaged for at least 30 hours in that 2‑week period in paid work that the Secretary regards as suitable.
40S Jobseeker payment rules only
Rehabilitation program
(1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:
(a) subparagraph 593(1)(a)(ii) of the 1991 Act applies in relation to the person; and
(b) the person is undertaking a rehabilitation program; and
(c) the program is intended to enhance the person’s ability to work; and
(d) the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and
(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.
The applicable period is the period the person is undertaking the rehabilitation program or such shorter or longer period determined by the Employment Secretary.
Interaction with the ABSTUDY Scheme
(2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if:
(a) jobseeker payment is payable to the person because of subsection 614(6) of the 1991 Act; and
(b) the person has commenced the full‑time course of education referred to in paragraph 614(6)(a) of the 1991 Act.
The applicable period is the period during which the payment is payable to the person because of that subsection.
40T Exceptional circumstances
(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.
(2) The Employment Secretary may make a determination under this section specifying a class of persons for the purposes of subsection (1).
(3) The Employment Secretary may make the determination only if the Employment Secretary is satisfied that exceptional circumstances exist to justify making the determination.
(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.
Publication
(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.
Revocation of determination
(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.
(7) The Employment Secretary must cause details of the revocation to be published on the Employment Department’s website.
40U General rules
(1) A determination under this Subdivision may specify the period during which the determination has effect.
(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.
(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.
(4) A determination under this Subdivision, or a revocation of such a determination, is not a legislative instrument.
Subdivision D—Variation, cancellation and review of employment pathway plans
40V Variation, cancellation and review of employment pathway plans
Variation
(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).
(2) The Employment Secretary may vary the plan on the Employment Secretary’s own initiative or on request of the person.
(3) If the person requests a variation of the plan, the Employment Secretary must:
(a) make a decision under subsection (1) to vary the plan; or
(b) make a decision to refuse to vary the plan.
(4) The Employment Secretary must notify the person of the variation or of the decision to refuse to vary the plan.
(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).
Cancellation
(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.
Review
(7) The Employment Secretary may review an employment pathway plan that is in force under Subdivision A in relation to a person.
(8) The Employment Secretary may review the plan on the Employment Secretary’s own initiative or on request of the person.
Subdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans
40W Notification of circumstances preventing or affecting compliance with employment pathway plans
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.
Division 2B—Circumstances in which paid work is unsuitable
40X Circumstances in which paid work is unsuitable
(1) For the purposes of the social security law, particular paid work is unsuitable to be done by a person if and only if:
(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
(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
(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:
(i) the times when the person would be required to undertake the work; or
(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
(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
(e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or
(f) commuting between the person’s home and the place of work would be unreasonably difficult; or
(g) the work would require enlistment in the Defence Force or the Reserves; or
(h) the work requires the person to move from a home in a place to a home in another place; or
(i) for any other reason, the work is unsuitable to be done by the person.
Note: For the purposes of paragraph (i), see also subsections (4) and (5).
Work outside the area in which the person’s home is situated
(a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and
(b) the person is offered permanent full‑time work (whether or not work of the kind sought) in the new area;
the work offered is not unsuitable for the person because of paragraph (1)(f) or (h) unless:
(c) the person is under the age of 18; or
(d) the person or the person’s partner is pregnant; or
(e) the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or
(f) the acceptance of the offer would jeopardise the current paid work, or the paid work prospects, of the person’s partner; or
(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
(h) the person or the person’s partner has significant caring responsibilities in the old area; or
(i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or
(j) it is more appropriate for the person to participate in education or training than to accept the offer; or
(k) the person would suffer severe financial hardship if the person were to accept the offer.
(3) 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.
Legislative instrument
(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).
(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).
Interpretation
(6) To avoid doubt, for the purposes of this section, paid work is not unsuitable to be done by a person merely because:
(a) the work is not the person’s preferred type of work; or
(b) the work is not commensurate with the person’s highest level of educational attainment or qualification; or
(c) the level of remuneration for the work is not the person’s preferred level of remuneration.
Division 2C—Guidelines
40Y Guidelines
The Employment Secretary must, by legislative instrument, determine guidelines about:
(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
(b) the following:
(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;
(ii) the processes (including any technological requirements) for entering into such a plan;
(iii) the processes for reporting compliance with the requirements in such a plan; and
(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.
Division 3—Commencement of social security payment
41 Commencement
(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.
(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.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Social Security (Administration) Act 1999
No. 191, 1999
Compilation No. 163
Compilation date: 5 December 2025
Includes amendments: Act No. 73, 2025
This compilation is in 2 volumes
Volume 1: sections 1‑123ZO
Volume 2: sections 124‑257
Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This 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).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. 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).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The 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.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
2A Application of the Criminal Code
3 Interpretation
5 Manner of giving notice
6 Effect of certain determinations
6A Secretary may arrange for use of computer programs to make decisions
6B Norfolk Island
Part 2—General administration of social security law
7 General administration of social security law
8 Principles of administration
10 Agreement on administrative arrangements
Part 3—Provision of benefits
Division 1—Claim for social security payment or concession card
Subdivision A—Need for claim
11 General rule
Subdivision B—Cases where claim not necessary
12 Deemed claim in certain cases
12A One‑off payment to the aged
12AA One‑off payments to carers
12AB Economic security strategy payment and training and learning bonus
12AC One‑off energy assistance payment
12AD 2019 one‑off energy assistance payment
12AE 2020 economic support payment
12AF Additional economic support payments
12AG Remote engagement program payment
12AH 2022 cost of living payment
12B Language, literacy and numeracy supplement
12C Utilities allowance
12D Energy supplement
12DA Quarterly pension supplement
12DB Quarterly energy supplement
12E Child disability assistance
12F Carer allowance
12G Carer supplement
12H Relocation scholarship payment
12K Clean energy advance
12L FHA supplement and relief payment
13 Deemed claim—person contacting Department about a claim for a social security payment
14 Deemed claim—person contacting Department about a claim for a concession card
14A Determination for purposes of sections 13 and 14
15 Deemed claim—incorrect or inappropriate claims
15A Deemed claim—certain claims for carer allowance
Subdivision C—Manner of making a claim
16 How to make a claim
17 Special requirements regarding claims for pension bonus
18 Additional provisions regarding claim for special employment advance
19 Special requirements regarding claims for essential medical equipment payment
Subdivision E—Time limits for claims for pension bonus
20 Interpretation
21 General rule
22 Last bonus period a full‑year period
23 Last bonus period a part‑year period
24 Claim by exempt partnered person
25 Claim where membership has become non‑accruing
26 Claim where person has post‑75 work period
Subdivision EA—Time limits for claims for pension bonus bereavement payment
26A General rule
26B Extension
Subdivision EB—Time limits for claims for student start‑up loans
26C Time limit for claim
Subdivision F—Time limit for claims for fares allowance
27 Time limit for claim
Subdivision FAA—Time limit for claims for Disaster Recovery Allowance
27AA Time limit for claims for Disaster Recovery Allowance
Subdivision FA—Time limit for claims for AGDRP
27A Time limit for claim
Subdivision FB—Time limit for claims for AVTOP
27B Time limit for claims for AVTOP
Subdivision G—Age requirement for certain claims
28 Claims for disability support pension
Subdivision H—Residence requirements for claimants
29 General rule
30 Residence requirements for claimants for special benefit
30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas
31 Exclusion of certain claims from requirements of section 29
31A Exclusion of certain claims by special category visa holders from section 29 residence requirement
Subdivision I—Withdrawal of claim
33 Right to withdraw
34 Manner of withdrawal
Subdivision J—Special provision for certain claims
35 Claims by persons in gaol etc.
35A Claims for advance pharmaceutical allowance
35B Secondary victim claims for AVTOP
Division 2—Determination of claim
36 Obligation of Secretary to determine claim
37 Grant of claim
37AA Grant of claim—schooling requirements
37AB Grant of claim—eligibility requirements taken to be satisfied etc.
37A Duration of certain health care cards
38 Refusal of claim for special employment advance
39 Deemed refusal of claim
40 Rejection of claim for failure to obtain foreign payment
Division 2A—Employment pathway plans
Subdivision A—Entry into employment pathway plans
40A Requirement to enter into employment pathway plans
40B Use of technological processes
40C Use of questionnaire
40D Employment pathway plans—plans developed by the Employment Secretary
40E Employment pathway plans—streamlined processes
40F Employment pathway plan matters
40G Employment pathway plans—examples of requirements
Subdivision B—What employment pathway plans must not contain
40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work
40J Employment pathway plans not to contain requirements to participate in an approved program of work
40K Employment pathway plans not to contain certain other requirements
Subdivision C—Exemptions from employment pathway plan requirements
40L Circumstances making it unreasonable etc. to comply with requirements
40M Death of person’s partner
40N Domestic violence
40P Caring responsibilities
40Q Pre‑natal and post‑natal relief
40R Persons engaged in work
40S Jobseeker payment rules only
40T Exceptional circumstances
40U General rules
Subdivision D—Variation, cancellation and review of employment pathway plans
40V Variation, cancellation and review of employment pathway plans
Subdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans
40W Notification of circumstances preventing or affecting compliance with employment pathway plans
Division 2B—Circumstances in which paid work is unsuitable
40X Circumstances in which paid work is unsuitable
Division 2C—Guidelines
40Y Guidelines
Division 3—Commencement of social security payment
41 Commencement
42 Start day
Division 3AA—Compliance with participation payment obligations: persons other than declared program participants
Subdivision A—Introduction
42AA Simplified outline of this Division
42AB Division not to apply to declared program participants
Subdivision B—Failures for which compliance action must be taken
42AC Mutual obligation failures
42AD Work refusal failures
42AE Unemployment failures
Subdivision C—Compliance action that must be taken for particular failures
42AF Compliance action for mutual obligation failures
42AG Compliance action for work refusal failures
42AH Compliance action for unemployment failures
42AI Reasonable excuses—matters that must or must not be taken into account
42AJ Reasonable excuses for mutual obligation failures—prior notification required for certain failures
42AK Relationship between provisions of this Subdivision
Subdivision D—Effect of taking particular compliance action
42AL Payment suspension periods for mutual obligation failures and work refusal failures
42AM Reconnection requirements for mutual obligation failures and work refusal failures
42AN Reducing instalments of participation payments for mutual obligation failures
42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments
42AP Cancelling participation payments
Subdivision E—Miscellaneous
42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes
42AR Minister to make determinations for purposes of this Division
42AS Relationship with section 80
Division 3A—Compliance with participation payment obligations: declared program participants
Subdivision A—Introduction
42A Simplified outline of this Division
42B Application of this Division only to declared program participants
Subdivision B—No show no pay failures
42C No show no pay failures
42D Deducting the penalty amount
Subdivision C—Connection and reconnection failures
42E Connection failures
42F Requiring a person to apply for job vacancies
42G Reconnection requirements
42H Reconnection failures
42J Further reconnection requirements
42K Notification requirements
42L Deduction of penalty amount
Subdivision D—Serious failures
42M Serious failure for persistent non‑compliance
42N Serious failure for refusing or failing to accept an offer of paid work
42NA Comprehensive compliance assessment
42NC Determination about serious failure requirements and severe financial hardship
42P Consequences of serious failure
42Q Ending serious failure periods
42R Determining that participation payments payable
Subdivision E—Unemployment resulting from a voluntary act or misconduct
42S Unemployment resulting from a voluntary act or misconduct
Subdivision EA—Immediate non‑payment of participation payments for certain failures
42SA Immediate non‑payment of participation payments for certain failures
Subdivision EB—Failures by certain recipients of parenting payments
42SB Suspension of payments for certain failures
Subdivision EC—Non‑attendance failures
42SC Non‑attendance failures
42SD Deduction of penalty amount
Subdivision F—General provisions
42T Legislative instrument determining method for working out penalty amount
42U Legislative instruments relating to reasonable excuse
42UA Prior notification of excuse
42V Deduction from any participation payment
42W Penalty amount not a debt
42X Payability
42Y Day of determination
42YA Relationship between Subdivisions of this Division
42Z Relationship with section 80
Division 4—Payment of social security payment
43 Payment by instalments
44 Payment of instalments to person or nominee
45 Payment of youth allowance—person under 18 and not independent
46 Payment of special employment advance
46A Payment of AGDRP
46B Payment of AVTOP
47 Payment of lump sum benefits
47A Payment of one‑off payment to the aged
47AB Payment of carer supplement
47AC Payment of one‑off energy assistance payment
47AD Payment of 2019 one‑off energy assistance payment
47AE Payment of first 2020 economic support payment
47AF Payment of second 2020 economic support payment
47AG Payment of additional economic support payment 2020
47AH Payment of additional economic support payment 2021
47AI Payment of 2022 cost of living payment
47B Payment of one‑off payments to carers
47C Payment of economic security strategy payments and training and learning bonuses
47CA Payment of activity supplement or farm financial assessment supplement
47CB Payment of FHA supplement or relief payment
47D Payment of clean energy advance
47DAA Payment of essential medical equipment payment
47DA Relocation scholarship payments
47DB Student start‑up loans
48 Payment of telephone allowance
48A Payment of utilities allowance
48B Payment of energy supplement
48C Payment of quarterly pension supplement
48D Payment of quarterly energy supplement
49 Timing of payment of fares allowance
50 To whom fares allowance is to be paid
50A Payment of child disability assistance
51 Advance in case of severe financial hardship
52 Payment of certain amounts outside Australia
53 Payment of instalments where pension received under other legislation
54 Rounding off instalments of social security payments
55 Payment into bank account etc.
56 Youth allowance—failure to nominate parent
57 Change of particular payday
58 Payment of social security payment after death
59 Payment of pension bonus or pension bonus bereavement payment after death
Division 5—Protection of social security payments
60 Protection of social security payment
61 Deduction at request of recipient—payments to Commissioner of Taxation
61A Deduction at request of recipient—other payments
62 Effect of garnishee or attachment order
Division 6—Requirement to provide information, undergo medical examination etc.
Subdivision A—General
63 Requirement to attend Department etc.
63A Proof of life certificate
64 Effect of failing to comply with requirement to attend Department etc.
66 Notice to obtain foreign payment
Subdivision B—Requirement to give information about change of circumstances etc.
66A General requirement to inform of a change of circumstances etc.
67 Person who has made a claim
68 Person receiving social security payment or holding concession card
69 Person who has received a social security payment or who has held a concession card
70 Care receiver in respect of whom carer payment being made
70AA Person who is subject to the enhanced income management regime etc.
70A Person who is subject to the income management regime etc.
72 Provisions relating to notice
73 Application of provisions
74 Offence—failure to comply with notice
Subdivision C—Provision of tax file numbers
75 Requesting tax file numbers
76 How request for tax file number is satisfied
77 Consequences of not giving tax file number
Division 7—Various determinations
Subdivision A—Provisions relating to social security payments
78A When this Subdivision does not apply
78 Rate increase determination
79 Rate reduction determination
80 Cancellation or suspension determination
81 Cancellation or suspension for non‑compliance with certain notices
81A Rate reduction determination for non‑compliance with notice relating to rent assistance
82 Cancellation or suspension for failure to take action to obtain foreign payment
83 Changes to payments by computer
84 Automatic transfer by computer
85 Resumption of payment after cancellation or suspension—general
85AA Resumption of payment after cancellation or suspension—provision of proof of life certificate
85A Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance
Subdivision B—Provisions relating to concession cards
86 Cancellation—person not qualified
87 Cancellation—non‑compliance with certain notices
88 Changes to qualification by computer
89 Resumption of qualification
Division 8—Automatic cancellati
This is an opening excerpt, not the complete document.