(1) A social security payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
(2) This section has effect subject to:
(a) sections 61 and 238 of this Act; and
(aaa) Part 3AA of this Act; and
(aa) Part 3B of this Act; and
(b) sections 1231 and 1234A of the 1991 Act.
61 Deduction at request of recipient—payments to Commissioner of Taxation
(1) This section applies if a person asks the Secretary:
(a) to make deductions from instalments of a social security payment payable to the person; and
(b) to pay the amounts deducted to the Commissioner of Taxation.
(2) The Secretary may make the deductions requested by the person, and if the Secretary does so, the Secretary must pay the amounts deducted to the Commissioner of Taxation.
61A Deduction at request of recipient—other payments
(1) This section applies if a person asks the Secretary:
(a) to make deductions from instalments of a social security payment payable to the person; and
(b) to pay the amounts deducted to a business or organisation nominated by the person.
(2) The Secretary may make the deductions requested by the person, and if the Secretary does so, the Secretary must pay the amounts deducted to the business or organisation nominated by the person.
62 Effect of garnishee or attachment order
(1) If:
(a) a person has an account with a financial institution; and
(b) either or both of the following subparagraphs apply:
(i) instalments of a social security payment payable to the person (whether on the person’s own behalf or not) are being paid to the credit of the account;
(ii) an advance payment of a social security payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows:
Method statement
Step 1. Work out the total amount payable to the person in respect of the social security payment that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Division 6—Requirement to provide information, undergo medical examination etc.
Subdivision A—General
63 Requirement to attend Department etc.
Secretary may require person to attend Department etc.
(1) Subsection (2) applies to a person if:
(a) the person is receiving, or has made a claim for, a social security payment; or
(b) the person is the holder of, or has made a claim for, a concession card; or
(c) the Department is contacted by or on behalf of the person in relation to a claim for:
(i) if the person is not undertaking full‑time study and is not a new apprentice—youth allowance; or
(ii) in any case—jobseeker payment;
to be paid to the person.
(2) If the Secretary is of the opinion that a person to whom this subsection applies should:
(a) attend an office of the Department; or
(b) contact the Department; or
(c) attend a particular place for a particular purpose; or
(d) give information to the Secretary;
the Secretary may notify the person that he or she is required, within a specified time, to do that act or thing. However, the Secretary may not, under this subsection, notify a person that he or she is required to do an act or thing referred to in paragraph (4)(a) or (b).
Secretary may require person to provide proof of life certificate etc.
(2AA) Subsections (2AB) and (2AC) apply to a person if:
(a) the person has reached 80 years of age; and
(b) the person is receiving any of the following social security payments:
(i) age pension;
(ii) carer payment;
(iii) disability support pension; and
(c) the person was continuously absent from Australia throughout the previous 2 years.
(2AB) The Secretary may notify a person to whom this subsection applies that:
(a) the person is required, within the 13‑week period beginning when the notice is given, to give the Secretary a proof of life certificate that:
(i) relates to the person; and
(ii) was completed within that 13‑week period; and
(b) the requirement does not apply if the person enters Australia within that 13‑week period.
(2AC) If this subsection applies to a person, the Secretary must notify the person under subsection (2AB) at least once every 2 years.
Secretary may require person to undergo medical examination etc.
(3) Subsection (4) applies to a person if:
(a) the person is receiving, or has claimed, any of the following social security payments:
(i) disability support pension;
(ii) parenting payment;
(iii) youth allowance;
(iv) jobseeker payment;
(vi) special benefit;
(vii) mobility allowance; or
(b) the Department is contacted by or on behalf of the person in relation to a claim for youth allowance or jobseeker payment to be paid to the person.
(4) If the Secretary is of the opinion that a person to whom this subsection applies should:
(a) complete a questionnaire; or
(b) undergo a medical, psychiatric or psychological examination (whether or not at a particular place), and provide to the Secretary the report, in the approved form, of the person who conducts the examination;
the Secretary may notify the person that he or she is required, within a specified time, to do that act or thing.
Method for giving notice
(5) The Secretary may notify a person under subsection (2), (2AB) or (4):
(a) by sending the notice by prepaid post addressed to the person at his or her postal address last known to the Secretary; or
(b) in any other way the Secretary considers appropriate.
Validity of notice not affected in certain circumstances
(6) A failure to specify the particular purpose in a notice given to a person for the purposes of paragraph (2)(c) does not affect the validity of the notice.
Consequence of not informing person of effect of failure to comply with requirement in notice
(7) If a person is notified under subsection (2), (2AB) or (4) and the notice does not inform the person of the effect of section 64, subsection 64(1) or (5) (as the case requires) does not apply to the person in relation to the requirement in the notice.
63A Proof of life certificate
(1) For the purposes of this Act, a proof of life certificate that relates to a person is a certificate that:
(a) is expressed to relate to the person; and
(b) complies with the requirements of subsections (2), (3), (4), (5) and (6); and
(c) is in a form approved by the Secretary; and
(d) contains such other information (if any) as required by the approved form.
(2) A proof of life certificate that relates to a person must include a statement to the effect that the person is alive.
(3) The statement mentioned in subsection (2) must be:
(a) signed and dated by the person; or
(b) if:
(i) the approved form allows another person to sign the statement on behalf of the person if one or more specified requirements are met; and
(ii) those requirements are met;
signed and dated by the other person.
(4) A proof of life certificate that relates to a person must include a statement by an authorised certifier to the effect that:
(a) the authorised certifier has sighted the person while in the physical presence of the person; and
(b) the authorised certifier has verified the identity of the person using the method, or one of the methods, set out in the approved form; and
(c) the authorised certifier is satisfied that the person is alive.
(5) The statement mentioned in subsection (4) must be signed and dated by the authorised certifier.
(6) Both:
(a) the statement mentioned in subsection (2); and
(b) the statement mentioned in subsection (4);
must be signed and dated within a 7‑day period.
Compliance with form
(7) Section 25C of the Acts Interpretation Act 1901 does not apply to a proof of life certificate.
Authorised certifier
(8) For the purposes of this section, an authorised certifier is a person included in a class of persons specified in a determination under subsection (9).
(9) The Secretary may, by legislative instrument, determine one or more classes of persons for the purposes of subsection (8).
(10) To avoid doubt, it is immaterial whether any or all of the persons included in such a class are in or outside Australia.
64 Effect of failing to comply with requirement to attend Department etc.
Person receiving, or claiming, social security payment
(1) If:
(a) a person is receiving, or has made a claim for, a social security payment; and
(b) the Secretary notifies the person under subsection 63(2), (2AB) or (4); and
(c) the requirement in the notice is reasonable; and
(d) the person does not comply with the requirement; and
(e) except if the person is receiving, or has made a claim for, a participation payment—the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and
(f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the payment that the person is receiving or has claimed is not payable.
(1A) Subsection (1) does not apply if:
(a) the person is receiving a participation payment; and
(b) the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); and
(c) the Secretary makes a determination under section 42AF or subsection 42SA(1) in relation to the person and the failure.
(2) Subsection (1) does not apply if:
(a) the person is receiving, or has made a claim for, youth allowance; and
(b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute a youth allowance participation failure.
Note: If a recipient of, or claimant for, youth allowance does not comply with a requirement notified under subsection 63(2) or (4), this may result in the payment not being payable to the person: see sections 550B and 551 of the 1991 Act.
(3) Subsection (1) does not apply if:
(a) the person is receiving, or has made a claim for, an austudy payment; and
(b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute an austudy participation failure.
Note: If a recipient of, or claimant for, an austudy payment does not comply with a requirement notified under subsection 63(2), this may result in the payment not being payable to the person: see sections 576A and 577 of the 1991 Act.
(4) If:
(a) a social security payment is not payable to a person because of subsection (1); and
(b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2), (2AB) or (4);
the Secretary may determine that, on and after a day specified by the Secretary, subsection (1) ceases to apply to the person in relation to that requirement.
Person holding, or claiming, concession card
(5) If:
(a) a person is the holder of, or has made a claim for, a concession card; and
(b) the Secretary notifies the person under subsection 63(2); and
(c) the requirement in the notice is reasonable; and
(d) the person does not comply with the requirement; and
(e) the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and
(f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person ceases to be, or is not, qualified for the concession card.
(6) If:
(a) a person has ceased to be, or is not, qualified for a concession card because of subsection (5); and
(b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2);
the Secretary may determine that, on and after a day specified by the Secretary, subsection (5) ceases to apply to the person in relation to that requirement.
66 Notice to obtain foreign payment
(1) This section applies to the following social security payments:
(a) age pension;
(c) carer payment:
(d) disability support pension;
(e) parenting payment;
(f) special needs age pension;
(g) special needs disability support pension;
(i) special needs wife pension;
(m) farm household allowance in relation to a person who has reached pension age.
(2) If:
(a) a person claims, or is receiving, a social security payment to which this section applies; and
(b) the Secretary is satisfied that the person may be entitled to a comparable foreign payment from a foreign country if the person applied for the payment;
the Secretary may give the person a notice that requires the person to take reasonable action to obtain the payment at the highest rate applicable to the person.
(3) If:
(a) a person claims, or is receiving, a social security payment to which this section applies; and
(b) the Secretary is satisfied that the person’s partner may be entitled to a comparable foreign payment from a foreign country if the partner applied for the payment;
the Secretary may give the person a notice that requires the partner to take reasonable action to obtain the payment at the highest rate applicable to the partner.
(4) A notice under subsection (2) or (3):
(a) must be given in writing; and
(b) may be given personally or by post or in any manner approved by the Secretary; and
(c) must specify the period within which the reasonable action is to be taken.
(5) The period specified under paragraph (4)(c) must not end earlier than 14 days after the day on which the notice is given.
Subdivision B—Requirement to give information about change of circumstances etc.
66A General requirement to inform of a change of circumstances etc.
Person who has made a claim
(1) If:
(a) a person has made a claim for:
(i) a social security payment; or
(ii) a concession card; and
(b) the claim has been granted or has not been determined; and
(c) an event or change of circumstances occurs that might affect the payment of that social security payment or the person’s qualification for the concession card;
the person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.
Person receiving a social security payment or holding a concession card
(2) If:
(a) either:
(i) a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid to a person; or
(ii) a person holds a concession card; and
(b) an event or change of circumstances occurs that might affect the payment of that social security payment or the person’s qualification for the concession card;
the person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.
Person who has received a social security payment or held a concession card
(3) If:
(a) either:
(i) a person is not receiving a social security payment but a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) has at any time been paid to the person; or
(ii) a person does not hold a concession card but has at any time held such a card; and
(b) an event or change of circumstances occurs that might have affected the payment of that social security payment or the person’s qualification for the concession card;
the person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.
Interaction with notices under this Subdivision
(4) If:
(a) a person is subject to a requirement under subsection (1), (2) or (3) in relation to an event or change of circumstances; and
(b) the person is given, or purportedly given, a notice under this Subdivision in relation to the same event or change of circumstances; and
(c) the person complies with the notice to the extent that it relates to that event or change;
the person is taken to have also complied with that requirement within the period referred to in that subsection.
(5) Subsection (4) does not apply if the notice is given after the end of the period referred to in subsection (1), (2) or (3).
(6) This section does not limit the power of the Secretary to give a person a notice under this Subdivision.
67 Person who has made a claim
(1) Subsection (2) applies to a person if:
(a) the person has made a claim for a social security payment; and
(b) either:
(i) the claim has been granted; or
(ii) the claim has not been determined.
(2) The Secretary may give a person to whom this subsection applies a notice in writing that requires the person to do any or all of the following:
(a) inform the Department if:
(i) a specified event or change of circumstances occurs; or
(ii) the person becomes aware that a specified event or change of circumstances is likely to occur;
(b) give the Department a statement about a matter that might affect the payment to the person of the social security payment;
(c) give the Department a statement about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.
(3) Subsection (4) applies to a person if:
(a) the person has made a claim for a concession card; and