(b) the person does not comply with the requirement of the notice;
the Secretary may determine that the person is to cease to be qualified for the card.
88 Changes to qualification by computer
If:
(a) a person is qualified for a concession card; and
(b) the person ceases to be qualified for the card because of the operation of a computer program used under the control of the Secretary; and
(c) the program causes the change for a reason for which the Secretary could make the change by determination under section 87;
the change is taken to have been made by the Secretary by a determination under section 87 made for that reason.
89 Resumption of qualification
(1) If:
(a) the Secretary makes a determination under section 87 that a person is to cease to be qualified for a concession card; and
(b) the Secretary reconsiders the decision; and
(c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision, the person was deprived of the concession card when he or she was qualified for the card;
the Secretary is to determine that the person is qualified for the card.
(2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration without any such application having been made.
Division 8—Automatic cancellations and variations
Subdivision A—Social security payments
90A When this Subdivision does not apply
This Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.
90 Automatic cancellation—transfer to new payment type
(1) If:
(a) a person is receiving a social security pension or benefit (the old payment); and
(b) either:
(i) a different kind of social security pension or benefit (the new pension or benefit) becomes payable to the person; or
(ii) a service pension, income support supplement or a veteran payment becomes payable to the person;
the old payment is cancelled, by force of this section, immediately before the day on which the new pension or benefit or the service pension, income support supplement or veteran payment, as the case may be, becomes payable to the person.
(2) In this section:
social security benefit does not include parenting payment.
91 Automatic cancellation of parenting payment on transfer to new payment type—member of couple
(1) If:
(a) a person who is a member of a couple is receiving parenting payment; and
(b) a social security benefit (other than benefit (PP) partnered) becomes payable to the person;
parenting payment is cancelled, by force of this section, immediately before the day that is the person’s start day in relation to the benefit referred to in paragraph (b).
(2) If:
(a) a person who is a member of a couple is receiving parenting payment; and
(b) as a result of a social security pension, a service pension, income support supplement or a veteran payment becoming payable to the person, the rate at which parenting payment is payable to the person becomes nil;
parenting payment is cancelled by force of this section immediately before the day on which the social security pension, the service pension, the income support supplement or the veteran payment, as the case may be, becomes payable to the person.
93 Automatic cancellation—recipient complying with subsection 68(2) notice
(1) Subject to subsection (2), if:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change of circumstances:
(i) the person ceases to be qualified for the social security payment; or
(ii) the payment would, but for this section, cease to be payable to the person; and
(f) the social security payment is not cancelled before the end of the instalment period for the person that is current when the event or change of circumstances occurs;
the following paragraphs have effect:
(g) if the social security payment is cancelled during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment is payable to the person until the end of the instalment period in which the event or change occurs, and is then cancelled by force of this subsection;
(h) if the payment is not cancelled during the first period, the payment is payable to the person until the end of the notification period, and is then cancelled by force of this subsection.
(2) If:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and
(f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the social security payment would, but for this subsection, cease to be payable to the person; and
(g) the social security payment is not cancelled before the end of the nil instalment period;
the social security payment continues to be payable to the person until a day determined in accordance with subsection (3) and is then cancelled by force of this subsection.
(3) For the purposes of subsection (2), the day until which the social security payment continues to be payable to the person is:
(a) if the cancellation is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the payment is so cancelled during the instalment period (the next instalment period) following the nil instalment period—the later of:
(i) the day before the day on which the balance was reduced to nil; or
(ii) the end of the event instalment period; and
(b) if the cancellation is attributable to the balance having already been reduced to nil and the payment is so cancelled during the next instalment period—the later of:
(i) the day before the first day on which the opening balance was nil; or
(ii) the end of the event instalment period; and
(c) if the cancellation is attributable to the reduction of the balance to nil but the payment is not so cancelled during the next instalment period—the later of:
(i) the day before the day on which the balance was reduced to nil; or
(ii) the end of the notification period; and
(d) if the cancellation is attributable to the balance having already been reduced to nil but the payment is not so cancelled during the next instalment period—the later of:
(i) the day before the first day on which the opening balance was nil; or
(ii) the end of the notification period.
94 Automatic cancellation—recipient not complying with subsection 68(2) notice
(1) Subject to subsection (2), if:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change of circumstances:
(i) the person ceases to be qualified for the social security payment; or
(ii) the social security payment ceases to be payable to the person;
the social security payment is cancelled, by force of this subsection, on the day on which the event or change of circumstances occurs.
(2) If:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstance occurs; and
(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs; and
(f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the social security payment ceases to be payable to the person;
the social security payment is cancelled, by force of this subsection, on:
(g) if the cancellation is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and
(h) if the cancellation is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.
95 Automatic cancellation—failure to provide statement under subsection 68(2)
(1) If:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2) requiring the person to give the Department a statement or a number of statements; and
(b) the notice relates to the payment of the social security payment in respect of a period or a number of periods specified in the notice; and
(c) the person does not comply with the notice so far as it relates to a particular period;
then, subject to subsection (2), the social security payment is cancelled, by force of this section, on the first day in that period.
(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person on and from a day specified in the determination.
(3) The day specified under subsection (2) may be before or after the making of the determination.
95A Automatic cancellation of carer payment for non‑compliance with section 70 notice
If:
(a) a care receiver or parent of a care receiver is given a notice under section 70; and
(b) the notice requires the care receiver or parent to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstances occurs; and
(d) the care receiver or parent does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change of circumstances:
(i) the person receiving the carer payment ceases to be qualified for the payment; or
(ii) the carer payment ceases to be payable to the person;
the carer payment is cancelled, by force of this section, on the day on which the event or change of circumstances occurs.
95B Automatic suspension or cancellation—carer allowance
If:
(a) a person is receiving a carer allowance because the person is qualified for that allowance under section 954B of the 1991 Act (receiving carer payment); and
(b) the person’s carer payment is suspended or cancelled;
the carer allowance is by force of this section, suspended or cancelled, as the case may be, on the same day that the person’s carer payment is suspended or cancelled.
95C Social security payment—suspension instead of cancellation under section 93 or 94
(1) If:
(a) a person ceases to be qualified for a social security payment or a social security payment ceases to be payable to a person; and
(b) the Secretary is satisfied that the cessation is because the person is employed by a Youth Bonus wage subsidy employer;
then the Secretary may determine:
(c) that the person’s social security payment is suspended and that the suspension takes effect on the day of the cessation; and
(d) that section 93 or 94 is taken not to apply or not to have applied, as the case requires, to the person’s social security payment in relation to the cessation.
Note: For Youth Bonus wage subsidy employer, see subsection (4).
(2) Subject to subsection (3), if:
(a) the suspension is in effect at the end of the period of 26 weeks beginning on the day the suspension takes effect; and
(b) at the end of that 26‑week period, the person is not qualified for the social security payment or the social security payment is not payable to the person;
then the person’s social security payment is cancelled, by force of this subsection, on the day after the end of that 26‑week period.
(3) If:
(a) before the end of the period of 26 weeks beginning on the day the suspension takes effect and while the suspension is in effect, the person ceases to be employed by a Youth Bonus wage subsidy employer; and
(b) the Secretary determines that the cessation is:
(i) as a result (whether direct or indirect) of a voluntary act of the person that was not reasonable; or
(ii) as a result of the person’s misconduct as an employee;
then the person’s social security payment is taken to have been cancelled, by force of this subsection, on the day of the cessation.
Note: If the Secretary does not make a determination as mentioned in paragraph (b), then the social security payment may again become payable to the person (without the need for a further claim) if the requirements in section 85 are satisfied.
(4) In this section:
Youth Bonus wage subsidy employer, in relation to a person, means an employer that is eligible to receive a Youth Bonus wage subsidy in respect of the person under the program established by the Commonwealth and known as “Youth Jobs PaTH”.
95CA Carer payment—suspension instead of cancellation under section 93 or 94
Application—temporary cessation of care limit exceeded
(1) This section applies if:
(a) a person temporarily ceases to provide care for a care receiver or care receivers (see section 198AC of the 1991 Act); and
(b) the person ceases to be qualified for carer payment because of the occurrence of an event or change of circumstances (the event) that results in the temporary cessation of care exceeding the limit specified in:
(i) subsection 198AC(3) of that Act; or
(ii) the definition of limit in subsection 198AC(3A) of that Act; or
(iii) paragraph 198AC(4)(c) or (5)(c) of that Act; and
(c) because of a notice given to the person under subsection 68(2) of this Act, the person is required to inform the Department, within a specified period (the notification period), of the occurrence of the event; and
(d) but for the occurrence of the event, the person would still have been qualified for carer payment; and
(e) the person’s payment is to be, or has been, cancelled under section 93 or 94 of this Act because the person ceased to be qualified for the reason mentioned in paragraph (b) of this subsection.
Application—income reduced rate nil
(2) This section applies if:
(a) carer payment ceases to be payable to a person because the rate of the person’s payment is nil; and
(b) the rate of the person’s carer payment is nil because of the occurrence of an event or change of circumstances (the event) that results in the person’s income reduced rate (see subsection (3)) being nil; and
(c) because of a notice given to the person under subsection 68(2), the person is required to inform the Department, within a specified period (the notification period), of the occurrence of the event; and
(d) but for the person’s income reduced rate being nil, carer payment would have continued to be payable to the person; and
(e) the person’s payment is to be, or has been, cancelled under section 93 or 94 because the payment ceased to be payable for the reason mentioned in paragraph (b) of this subsection; and
(f) at the time of the cessation, the person’s ordinary income (as used to work out the person’s income reduced rate) includes income for paid work performed by the person in Australia.
(3) For the purposes of subsection (2), a person’s income reduced rate is the rate worked out at step 8 of the method statement in point 1064‑A1 in Module A of Pension Rate Calculator A of the 1991 Act.
Suspension determination—event notified within notification period
(4) If:
(a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
(b) the person’s carer payment has not yet been cancelled under section 93;
the Secretary may determine that:
(c) section 93 does not apply to cancel the person’s carer payment; and
(d) the person’s carer payment is suspended for a period of 26 weeks with effect from the day the carer payment would otherwise have ceased to be payable under section 93.
(5) If:
(a) the person informs the Department of the event mentioned in paragraph (1)(b) or (2)(b) within the notification period; and
(b) the person’s carer payment has been cancelled under section 93; and