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Home / Legislation / Social Security (Administration) Act 1999 / full-source-retrieval-0001 CTH In Force Act
Social Security (Administration) Act 1999
full-source-retrieval-0001Document excerpt 1 Commonwealth Coat of Arms of Australia
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Previous section 123S Right of nominee to attend with principal
Next section full-source-retrieval-0002 Document excerpt 2
Section full-source-retrieval-0001 - Social Security (Administration) Act 1999 - Document excerpt 1 | Zoe 5 Manner of giving notice
6 Effect of certain determinations
6A Secretary may arrange for use of computer programs to make decisions
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
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
12DA Quarterly pension supplement
12DB Quarterly energy supplement
12E Child disability assistance
12H Relocation scholarship payment
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
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
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
Subdivision EB—Time limits for claims for student start‑up loans
Subdivision F—Time limit for claims for fares allowance
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
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
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
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
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
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
40P Caring responsibilities
40Q Pre‑natal and post‑natal relief
40R Persons engaged in work
40S Jobseeker payment rules only
40T Exceptional circumstances
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 3—Commencement of social security payment
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
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
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
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