(3) The amount of an instalment of telephone allowance is worked out by dividing the amount of the annual rate of telephone allowance by 4.
(4) In this section:
telephone allowance payday means the first day on which an instalment of a social security periodic payment would normally be paid to the person on or after any of the following:
(a) 1 January;
(b) 20 March;
(c) 1 July;
(d) 20 September.
48A Payment of utilities allowance
(1) Utilities allowance is to be paid by instalments.
(2) If utilities allowance is payable to a person in relation to a utilities allowance test day, then an instalment of the allowance is to be paid to the person on the person’s first payday on or after that test day.
(3) The amount of an instalment of utilities allowance is worked out by dividing the amount of the annual rate of utilities allowance by 4.
(4) In this section:
utilities allowance test day means:
(a) 20 March; and
(b) 20 June; and
(c) 20 September; and
(d) 20 December.
48B Payment of energy supplement
(1) Energy supplement under Part 2.25B of the 1991 Act is to be paid by instalments.
(2) An instalment of energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.
(3) The amount of the instalment is worked out by:
(a) working out the amount of the person’s energy supplement for each day in the instalment period; and
(b) adding up the amounts resulting from paragraph (a).
(4) In this section:
instalment period means a period:
(a) in relation to each day of which energy supplement is payable to the person; and
Note: For when energy supplement is payable to the person, see section 1061UA of the 1991 Act.
(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and
(c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and
(d) that is not included in a longer instalment period.
48C Payment of quarterly pension supplement
(1) Quarterly pension supplement is to be paid by instalments.
(2) An instalment of quarterly pension supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.
(3) The amount of the instalment is worked out by multiplying the person’s daily rate of quarterly pension supplement by the number of days in the instalment period.
(a) in relation to each day of which quarterly pension supplement is payable to the person; and
Note: For when quarterly pension supplement is payable to the person, see section 1061VA of the 1991 Act.
(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and
(c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and
(d) that is not included in a longer instalment period.
48D Payment of quarterly energy supplement
(1) Quarterly energy supplement is to be paid by instalments.
(2) An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.
Note: For when quarterly energy supplement is payable to the person, see section 915 of the 1991 Act.
(3) The amount of the instalment is worked out by:
(a) working out the amount of the person’s quarterly energy supplement for each day in the instalment period; and
(b) adding up the amounts resulting from paragraph (a).
(4) In this section:
instalment period means a period:
(a) for each day of which quarterly energy supplement is payable to the person; and
Note: For when quarterly energy supplement is payable to the person, see section 915 of the 1991 Act.
(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and
(c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and
(d) that is not included in a longer instalment period.
49 Timing of payment of fares allowance
(1) Subject to subsection (2), fares allowance for a journey by a person is to be paid as a reimbursement after the journey is made.
(2) If the journey has not been made, the fares allowance for the journey is to be paid before the journey is made.
50 To whom fares allowance is to be paid
(1) Subject to subsection (4), if the person is or was receiving youth allowance at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the youth allowance are or were being paid under section 44 or 45.
(2) Subject to subsection (4), if the person is or was receiving austudy payment at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the austudy payment are or were being paid under section 44.
(3) Subject to subsection (4), if the person is or was receiving pensioner education supplement at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the pensioner education supplement are or were being paid under section 44.
(4) If the fares allowance is to be paid as referred to in subsection 49(2), it is to be paid, on behalf of the person, to the commercial operator who provides the person’s means of travel.
(5) This section has effect subject to section 58.
50A Payment of child disability assistance
If an individual is qualified for child disability assistance in respect of a particular 1 July, the Secretary must pay the assistance to the individual in a single lump sum:
(a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and
(b) in such manner as the Secretary considers appropriate.
51 Advance in case of severe financial hardship
(1) If:
(a) the Secretary determines:
(i) that a claim by a person who is in Australia for a social security benefit or pension is to be granted; or
(ii) that a social security benefit or pension is payable to a person under section 85; and
(b) the Secretary is satisfied that, if the person is required to wait until the end of:
(i) the first instalment period in relation to the benefit or pension; or
(ii) the first instalment period in relation to the benefit or pension after the resumption of payment of the benefit or pension;
for payment of an instalment, the person will suffer severe financial hardship;
the Secretary may determine that a specified amount is to be paid to the person in advance.
(2) If:
(a) a claim for a social security pension or benefit is granted because of subsection 37(7); and
(b) the Secretary makes a determination under subsection (1);
the amount payable by virtue of that determination may be paid before the claimant is released from gaol or psychiatric confinement if the Secretary thinks it is necessary to do so in order to ensure that the claimant, on release, will not suffer severe financial hardship.
(3) The operation of subsection (2) is not affected by section 1158, 1162 or 1162A of the 1991 Act.
(4) The amount paid under a determination under subsection (1) is not to exceed the amount that, in the opinion of the Secretary, would be the total of the amounts payable to the person for the first 14 days on which the benefit or pension is payable to the person.
(5) An amount paid to a person under subsection (1) is taken to be an advance payment of the instalment or instalments, or of that part of the instalment or instalments, that relate to the days referred to in subsection (4).
52 Payment of certain amounts outside Australia
(1) This section applies to the following social security payments:
(a) age pension;
(c) carer payment;
(d) disability support pension;
(g) pension PP (single) to which clause 105A of Schedule 1A to the 1991 Act applies;
(h) pensioner education supplement;
(k) special benefit.
(2) If a person who is receiving a social security payment to which this section applies is outside Australia, instalments of the payment are to be paid to the person at such times as the Secretary determines for the purposes of this section.
53 Payment of instalments where pension received under other legislation
(1) If:
(a) an age pension or a disability support pension is payable to a person; and
(b) the person is receiving a veteran’s disability pension; and
(c) the Secretary has made a determination, for the purposes of this subsection, that instalments of age pension or disability support pension, as the case may be, are to be paid to the person on the days on which instalments of the veteran’s disability pension are paid to the person; and
(d) the determination has not been revoked;
instalments of age pension or disability support pension are to be paid to the person in accordance with the determination.
(2) If:
(a) an age pension or a disability support pension is payable to a person; and
(b) the person’s partner is receiving:
(i) an age pension and a veteran’s disability pension; or
(ii) a disability support pension and a veteran’s disability pension; and
(c) the Secretary has made a determination, for the purposes of this subsection, that instalments of age pension or disability support pension, as the case may be, are to be paid to the person on the days on which instalments of the veteran’s disability pension are paid to the person’s partner; and
(d) the determination has not been revoked;
instalments of age pension or disability support pension are to be paid to the person in accordance with the determination.
54 Rounding off instalments of social security payments
(1) In this section:
instalment means an instalment of a social security payment.
Note: Subsection 43(3E) affects what is an instalment of a social security periodic payment if the Secretary has determined under subsection 43(3A) that a person is to be paid the total amount of a social security periodic payment relating to an instalment period in 2 payments.
(2) If the amount of an instalment would be:
(a) one or more whole dollars and a part of a cent; or
(b) one or more whole dollars and cents and a part of a cent;
the amount is to be increased or decreased to the nearest whole cent.
(3) If the amount of an instalment would be:
(a) one or more whole dollars and 0.5 cent; or
(b) one or more whole dollars and cents and 0.5 cent;
the amount is to be increased by 0.5 cent.
(4) If, apart from this subsection, the amount of an instalment would be less than $1.00, the amount is to be increased to $1.00.
55 Payment into bank account etc.
(1) Subject to Part 3A, an amount (the relevant amount) that is to be paid to a person under section 44, 45, 47, 47DA, 47DB, 48, 48A, 48B, 48C, 48D or 50 is to be paid in the manner set out in this section.
(2) Subject to subsections (4) and (4A), the relevant amount is to be paid to the credit of a bank account nominated and maintained by the person.
(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.
(4) The Secretary may direct that the whole or a part of the relevant amount be paid to the person in a different way from that provided for by subsection (2). If the Secretary gives a direction, the relevant amount is to be paid in accordance with the direction.
(4A) Fares allowance is to be paid to a person as follows:
(a) fares allowance is to be paid to the credit of the bank account to the credit of which payments of youth allowance, austudy payment or pensioner education supplement payable to the person are or were made;
(b) if, because of a direction under subsection (4), youth allowance, austudy payment or pensioner education supplement is not paid to the credit of a bank account, fares allowance is to be paid in the same way as the youth allowance, austudy payment or pensioner education supplement, as the case may be.
(5) If, at the end of the period of 28 days starting on the day on which the Secretary requested the person to nominate an account for the purposes of subsection (2) (the 28 day period):
(a) the person has not nominated an account for the purposes of subsection (2); and
(b) the Secretary has not given, or has revoked, a direction under subsection (4) in relation to the payment of the relevant amount to the person;
the relevant amount ceases to be payable to the person.
(6) If the person nominates an account for the purposes of subsection (2) after the end of the 28 day period, the relevant amount again becomes payable to the person and is so payable:
(a) if the nomination is made within 13 weeks after the end of the 28 day period—on and from the first day after the end of that period; or
(b) if the nomination is not so made—on and from the day on which the nomination is made.
(7) Subsection (6) does not apply at a time when, because of the operation of another provision of the social security law, the relevant amount is not payable to the person.
56 Youth allowance—failure to nominate parent
(1) This section applies to a person if:
(a) the person is under 18 years of age and is not independent; and
(b) youth allowance has become payable to the person; and
(c) the person has more than one living parent; and
(d) at the end of the period of 28 days starting on the day on which youth allowance became payable to the person:
(i) the person has not nominated a parent for the purposes of subsection 45(1); and
(ii) the Secretary has not given a direction under subsection 45(2) in relation to payment of instalments of the person’s youth allowance.
(2) Youth allowance is not payable to a person while this section applies to the person.
(3) If a person to whom this section applies nominates a parent for the purposes of subsection 45(1), this section ceases to apply to the person.
57 Change of particular payday
If the Secretary is satisfied that an amount that would, apart from this section, be paid on a particular day cannot reasonably be paid on that day, the Secretary may direct that the amount be paid on an earlier day.
58 Payment of social security payment after death
(1) If:
(a) an amount representing a social security payment (other than pension bonus, pension bonus bereavement payment or a student start‑up loan) is payable to a person; and
(b) the person dies; and
(c) another person applies to receive the amount; and
(d) the application is made:
(i) within 26 weeks after the death; or
(ii) within such further period as is allowed by the Secretary in the special circumstances of the case;
the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.
(2) If the Secretary pays an amount of a social security payment under subsection (1), the Commonwealth has no further liability to any person in respect of that amount.
59 Payment of pension bonus or pension bonus bereavement payment after death
(1) This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned.
(1A) If:
(a) a person claims a pension bonus; and
(b) the person dies; and
(c) at the time of the person’s death, the person had received the bonus; and
(d) after the person’s death, the Secretary determines that the person’s bonus is to be increased under section 93K or 93L;
the increase is payable to the legal personal representative of the person.
(2) If:
(a) a person claims a pension bonus or a pension bonus bereavement payment; and
(b) the person dies; and
(c) at the time of the person’s death, the claim had been granted, but the person had not received the bonus or payment;
the bonus or payment is payable to the legal personal representative of the person.
(3) If:
(a) a person claims a pension bonus or a pension bonus bereavement payment; and
(b) the person dies; and
(c) at the time of the person’s death, the claim had not been determined;
then:
(d) the Secretary must determine the claim after the person’s death as if the person had not died; and
(e) if the claim is granted—the bonus or payment is payable to the legal personal representative of the person.
(4) If:
(a) under paragraph (3)(d), the Secretary is required to determine a claim for pension bonus after a person’s death; and
(b) at the time of the person’s death, the person’s claim for age pension had not been determined;
then, for the purposes of the determination of the claim for pension bonus, the following provisions have effect:
(c) the requirements of paragraph 92C(a) of the 1991 Act are taken to be satisfied if:
(i) the person would have started to receive an age pension if he or she had not died; and
(ii) that age pension would have been received otherwise than because of a scheduled international social security agreement;
(d) Division 6 of Part 2.2A of the 1991 Act has effect as if:
(i) a reference in that Division to a particular rate were a reference to the rate that would have been applicable to the person if the person had not died; and
(ii) a reference in that Division to the date of grant of the age pension were a reference to the date on which the age pension would have been granted if the person had not died;
(e) this Act has effect as if subsections 17(2) and 34(2) were omitted.
(4A) If a pension bonus is payable to the legal personal representative of a person under subsection (2) or (3), any increase in that bonus determined by the Secretary under section 93K or 93L is also payable to that legal personal representative.
(5) If a pension bonus or pension bonus bereavement payment is paid under subsection (2) or (3), the Commonwealth has no further liability to any person in respect of that bonus or payment.