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Name of Determination
1 Name of Determination
This Determination is the Social Security (Top Up of Pension Bonus — Specified Circumstances) Determination 2018.
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Commonwealth legislation
This Determination (commencing 1 April 2018, made under subsection 93L(6) of the Social Security Act 1991) defines when the Secretary may ‘top up’ a person’s pension bonus if the person’s assets or ordinary income fall and a determination takes effect more than 13 weeks after the pension bonus start day. It applies only where the late determination is because of an administrative error or because the person gave incorrect assets/income information before the end of the 13‑week period, shifting eligibility to these narrow timing-and-cause conditions.
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Direct links to the current provisions in Social Security (Top Up of Pension Bonus — Specified Circumstances) Determination 2018.
This Determination is the Social Security (Top Up of Pension Bonus — Specified Circumstances) Determination 2018.
This Determination commences on 1 April 2018.
This Determination is made under subsection 93L(6) of the Social Security Act 1991.
In this Determination: Act means the Social Security Act 1991. 5 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
For paragraph 93L(1)(b) of the Act, a specified circumstance is that:
(a) the Secretary makes a determination described in paragraph 93L(1)(a) of the Act because of a reduction, since the start day for the person’s pension bonus, in either or both of the following:
(i) the value of the person’s assets;
(ii) the person’s ordinary income; and
(b) the determination takes effect on a day that is more than 13 weeks after the start day; and
(c) the determination is made because:
(i) an administrative error in determining the person’s rate of age pension was made before the end of the 13‑week period following the start day; or
(ii) the person had given the Secretary, before the end of the 13‑week period following the start day, incorrect information about the value of the person’s assets or the person’s ordinary income.
Schedule 1—Repeals
Social Security (Top up of Pension Bonus — Specified Circumstances) Determination 2007
1 The whole of the instrument
Repeal the instrument
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Determination is the Social Security (Top Up of Pension Bonus — Specified Circumstances) Determination 2018.
This Determination commences on 1 April 2018.
This Determination is made under subsection 93L(6) of the Social Security Act 1991.
In this Determination: Act means the Social Security Act 1991. 5 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
For paragraph 93L(1)(b) of the Act, a specified circumstance is that:
(a) the Secretary makes a determination described in paragraph 93L(1)(a) of the Act because of a reduction, since the start day for the person’s pension bonus, in either or both of the following:
(i) the value of the person’s assets;
(ii) the person’s ordinary income; and
(b) the determination takes effect on a day that is more than 13 weeks after the start day; and
(c) the determination is made because:
(i) an administrative error in determining the person’s rate of age pension was made before the end of the 13‑week period following the start day; or
(ii) the person had given the Secretary, before the end of the 13‑week period following the start day, incorrect information about the value of the person’s assets or the person’s ordinary income.
Schedule 1—Repeals
Social Security (Top up of Pension Bonus — Specified Circumstances) Determination 2007
1 The whole of the instrument
Repeal the instrument